jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 The purposes of this Act are, (a) to provide for the management of the aggregate resources of Ontario; (b) to control and regulate aggregate operations on Crown and private lands; (c) to require the rehabilitation of land from which aggregate has been excavated; and (d) to minimize adverse impact on the environment in respect of aggregate operations.  R.S.O. 1990, c. A.8, s. 2.
3 (1) The Minister is responsible for the administration of this Act and the regulations.  R.S.O. 1990, c. A.8, s. 3 (1). Idem (2) In administering this Act, the Minister may, (a) initiate research related to technical matters pertaining to, (i) the aggregate industry, including the transportation of aggregate and the rehabilitation of pits and quarries, (ii) underground mining of aggregate, and (iii) aggregate excavation from beneath water; (b) initiate studies of geological deposits that may yield aggregate of commercial qualities and quantities; (c) estimate from time to time the demand that will be made for aggregate and establish policies for the supply thereof; (d) collect, analyze and publish statistics related to the aggregate industry; (e) initiate studies related to the uses of aggregate and the economics and operations of the aggregate industry; (f) advise ministries and municipalities on planning matters related to aggregate; (g) initiate studies related to abandoned pits and quarries; (h) initiate studies on environmental and social matters related to pits and quarries; (i) convene conferences and conduct seminars and educational and training programs related to pits and quarries and the aggregate industry; (j) establish and maintain demonstration and experimental rehabilitation projects for pits and quarries; (k) employ any person to perform work in connection with any matter mentioned in this Act; and (l) consult with ministries, municipalities and agencies.  R.S.O. 1990, c. A.8, s. 3 (2).
3.1 For greater certainty, the Minister will consider whether adequate consultation with Aboriginal communities has been carried out before exercising any power under this Act relating to licences or permits that has the potential to adversely affect established or credibly asserted Aboriginal or treaty rights. 2017, c. 6, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 2 - 10/05/2017
4 (1) The Minister may designate in writing any person as an inspector for the purposes of this Act.  1996, c. 30, s. 2. Powers of inspectors (2) An inspector, for the purpose of carrying out assigned duties, (a) may enter, at any reasonable time, any land, vessel or business premises that is or appears to be used or has or appears to have been used in respect of a pit or quarry or any activity or use related to aggregate or rehabilitation; (b) may require the production of a licence, a permit, any record or document respecting aggregate or rehabilitation, a report or a survey and may inspect and make copies thereof; (c) may, upon giving a receipt therefor, remove any licence, permit, record or document produced under clause (b) and make copies thereof; and (d) may, alone or in conjunction with other persons possessing special or expert knowledge, make examinations, tests or inquiries and take or remove samples of any material.  R.S.O. 1990, c. A.8, s. 4 (2). Copies (3) An inspector who makes a copy under clause (2) (c) shall do so with dispatch and shall promptly return the original licence, permit, record or document.  R.S.O. 1990, c. A.8, s. 4 (3). Idem (4) Any copy made as provided in clause (2) (b) or (c) and certified to be a true copy by the inspector who carried out the inspection is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original licence, permit, record or document and its contents.  R.S.O. 1990, c. A.8, s. 4 (4). Report of inspection findings (5) An inspector who finds that any provisions of this Act or the regulations are being contravened may provide the person who he or she believes to be responsible for the contravention with a written report setting out a list of the provisions that have been or are being contravened and suggesting actions or measures the person could take to remedy the contraventions. 2017, c. 6, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 2 - 27/06/1997 2017, c. 6, Sched. 1, s. 3 - 10/05/2017
4.1 (1) No action or other proceeding for damages shall be instituted against the Minister, an inspector or public servant for any act done in good faith in the execution or intended execution of any duty or power under this Act, for an order made under this Act or for any alleged neglect or default in the execution in good faith of that duty or power. 2017, c. 6, Sched. 1, s. 4. Crown not relieved of liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person referred to in subsection (1) to which it would otherwise be subject. 2017, c. 6, Sched. 1, s. 4; 2019, c. 7, Sched. 17, s. 35. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 4 - 10/05/2017 2019, c. 7, Sched. 17, s. 35 - 01/07/2019
5 (1) This Act and the regulations apply to, (a) all aggregate and topsoil that is the property of the Crown or that is on land the surface rights of which are the property of the Crown; (b)  Repealed:  1996, c. 30, s. 3 (1). (c) private land in parts of Ontario that are designated under subsection (2); and (d) all land under water.  R.S.O. 1990, c. A.8, s. 5 (1); 1996, c. 30, s. 3 (1). Designation of parts by regulation (2) The Lieutenant Governor in Council may make regulations designating parts of Ontario for the purpose of clause (1) (c).  R.S.O. 1990, c. A.8, s. 5 (2). Substitution of licence for permit (3) If the Lieutenant Governor in Council designates a part of Ontario under subsection (2) and an aggregate permit has been issued under clause 34 (1) (a) or (c) to operate a pit or quarry in that part of Ontario, the Minister may, at any time after the designation and subject to subsection (4), cancel the permit and issue an aggregate licence to operate the same pit or quarry to the former permit holder. 2017, c. 6, Sched. 1, s. 5. Same (4) The Minister shall not substitute, under subsection (3), an aggregate licence for an aggregate permit that was issued under clause 34 (1) (a) unless the surface rights to the land on which the pit or quarry is situated cease to be the property of the Crown. 2017, c. 6, Sched. 1, s. 5. Conditions (5) An aggregate licence issued under subsection (3) is subject to such conditions as the Minister may specify in the licence. 2017, c. 6, Sched. 1, s. 5. Application (6) Subsections (3) to (5) apply with respect to the designation of a part of Ontario by a regulation made under subsection (2) before the day section 5 of Schedule 1 to the Aggregate Resources and Mining Modernization Act, 2017
comes into force. 2017, c. 6, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 3 (1, 2) - 27/06/1997 2017, c. 6, Sched. 1, s. 5 - 10/05/2017
6 This Act binds the Crown except where it specifically states otherwise.  R.S.O. 1990, c. A.8, s. 6.
7 (1) No person shall, in a part of Ontario designated under section 5, operate a pit or quarry on land that is not land under water and the surface rights of which are not the property of the Crown except under the authority of and in accordance with a licence.  R.S.O. 1990, c. A.8, s. 7 (1). Exception, regulations (1.1) Despite subsection (1), a person who meets the qualifications that may be prescribed may operate a pit or quarry that meets the prescribed criteria on land described in subsection (1) without a licence if the person does so in accordance with such terms or conditions that may be prescribed. 2017, c. 6, Sched. 1, s. 7 (1). Application for licence (2) Any person may apply to the Minister, (a) for a Class A licence to remove more than 20,000 tonnes of aggregate annually from the site of a pit or quarry; or (b) for a Class B licence to remove 20,000 tonnes or less of aggregate annually from the site of a pit or quarry.  1996, c. 30, s. 5; 2017, c. 6, Sched. 1, s. 7 (2). Same (3) Every application for an aggregate licence shall be prepared in accordance with the regulations and include such documentation as may be prescribed. 2017, c. 6, Sched. 1, s. 7 (3). Application fee (4) An applicant for an aggregate licence shall pay any prescribed application fee. 2017, c. 6, Sched. 1, s. 7 (3). Waiver of fee (4.1) The Minister may waive the requirement to pay all or part of an application fee. 2017, c. 6, Sched. 1, s. 7 (3). Additional information (5) The Minister may require an applicant for a licence to furnish additional information in such form and manner as is considered necessary, and, until the information is furnished, further consideration of the application may be refused.  R.S.O. 1990, c. A.8, s. 7 (5). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 5 - 27/06/1997 2017, c. 6, Sched. 1, s. 7 (1, 2) - 10/05/2017; 2017, c. 6, Sched. 1, s. 7 (3) - 01/09/2020
8 Unless otherwise provided for by regulation, every application for a licence shall include a site plan prepared in accordance with the regulations. 2017, c. 6, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 6 (1, 2) - 27/06/1997 2017, c. 6, Sched. 1, s. 8 - 01/04/2021 9 Repealed: 2017, c. 6, Sched. 1, s. 9. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 7 - 27/06/1997 2017, c. 6, Sched. 1, s. 9 - 01/04/2021 10 Repealed: 2017, c. 6, Sched. 1, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 9 - 01/04/2021
12 (1) In considering whether a licence should be issued or refused, the Minister or the Tribunal, as the case may be, shall have regard to, (a) the effect of the operation of the pit or quarry on the environment; (b) the effect of the operation of the pit or quarry on nearby communities; (c) any comments provided by a municipality in which the site is located; (d) the suitability of the progressive rehabilitation and final rehabilitation plans for the site; (e) any possible effects on ground and surface water resources including on drinking water sources; (f) any possible effects of the operation of the pit or quarry on agricultural resources; (g) any planning and land use considerations; (h) the main haulage routes and proposed truck traffic to and from the site; (i) the quality and quantity of the aggregate on the site; (j) the applicant’s history of compliance with this Act and the regulations, if a licence or permit has previously been issued to the applicant under this Act or a predecessor of this Act; and (k) such other matters as are considered appropriate.  R.S.O. 1990, c. A.8, s. 12; 1996, c. 30, s. 9 (1, 2); 2002, c. 17, Sched. F, Table; 2017, c. 6, Sched. 1, s. 11 (1); 2017, c. 23, Sched. 5, s. 2; 2021, c. 4, Sched. 6, s. 30 (1). Exception (1.1) Despite clause (1) (h), the Minister or the Tribunal shall not have regard to ongoing maintenance and repairs to address road degradation that may result from proposed truck traffic to and from the site. 2019, c. 14, Sched. 15, s. 2; 2021, c. 4, Sched. 6, s. 30 (1). Same (1.2) Subsection (1.1) applies to an application in respect of which no decision has been made by the Minister or the Local Planning Appeal Tribunal, as the case may be, on or before December 10, 2019. 2019, c. 14, Sched. 15, s. 2; 2021, c. 4, Sched. 6, s. 30 (4). Annual compliance reports (2) Despite clause (1) (j), the Minister or the Tribunal shall not have regard to a contravention of this Act or the regulations that was disclosed by the applicant in a compliance report made under section 15.1 or 40.1 if, (a) the contravention was not discovered by an inspector before the applicant submitted the compliance report; and (b) the applicant complied with clause 15.1 (5) (a) or 40.1 (5) (a), as the case may be, in respect of the contravention. 2017, c. 6, Sched. 1, s. 11 (2); 2017, c. 23, Sched. 5, s. 2; 2021, c. 4, Sched. 6, s. 30 (1). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 9 (1-3) - 27/06/1997 2000, c. 26, Sched. L, s. 1 (1) - 06/12/2000 2002, c. 17, Sched. F, Table - 01/01/2003 2017, c. 6, Sched. 1, s. 11 (1, 2) - 10/05/2017; 2017, c. 23, Sched. 5, s. 2 - 03/04/2018 2019, c. 14, Sched. 15, s. 2 - 10/12/2019 2021, c. 4, Sched. 6, s. 30 (1, 4) - 01/06/2021
12.1 (1) No licence shall be issued for a pit or quarry if a zoning by-law prohibits the site from being used for the making, establishment or operation of pits and quarries.  1999, c. 12, Sched. N, s. 1 (1). Exception (1.1) If a zoning by-law prohibits a site in a part of Ontario designated under subsection 5 (2) from being used for the making, establishment or operation of pits and quarries, any restriction contained in the zoning by-law with respect to the depth of extraction at the site is inoperative. 2019, c. 14, Sched. 15, s. 3. Doubt as to zoning (2) If the Minister is in doubt as to whether a zoning by-law prohibits the site from being used for the making, establishment or operation of pits and quarries, he or she may serve on the applicant a notice to that effect.  1999, c. 12, Sched. N, s. 1 (1). Application to court (3) An applicant who is served with a notice is entitled, within 30 days after the notice is served, to make an application to the Superior Court of Justice for a judgment declaring that no zoning by-law prohibits the site from being used for the making, establishment or operation of pits and quarries.  1999, c. 12, Sched. N, s. 1 (1). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N., s. 1 (1) - 22/12/1999 2019, c. 14, Sched. 15, s. 3 - 10/12/2019
12.2 Upon issuing a licence, the Minister may attach such conditions to the licence as he or she considers necessary. 2019, c. 14, Sched. 15, s. 4. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 10 - 27/06/1997 2002, c. 17, Sched. F, Table - 01/01/2003 2017, c. 6, Sched. 1, s. 12 - no effect - see 2019, c. 14, Sched. 15, s. 64 - 10/12/2019 2019, c. 14, Sched. 15, s. 4 - 10/12/2019 Amendment to licence and site plans
13.1 (1) This section applies if a licence or site plan does not allow extraction below the water table in an area and the licensee wishes to amend the licence or the site plan to lower the depth of extraction from above the water table to below the water table in that area. 2019, c. 14, Sched. 15, s. 6 (1). Same (2) Subsections 13 (3), (3.1) and (3.3) apply in respect of the application. 2019, c. 14, Sched. 15, s. 6 (2). Public record (3) The name and address of any individual who participates in any prescribed notification and consultation procedures in respect of the application form part of a public record and may be made available to the public unless the individual requests that his or her name and address remain confidential. 2019, c. 14, Sched. 15, s. 6 (1). Referral to Tribunal (4) The Minister may refer the application and any objections arising out of the notification and consultation procedures in respect of the amendment to the Tribunal for a hearing, and may direct that the Tribunal shall determine only the issues specified in the referral. 2019, c. 14, Sched. 15, s. 6 (1); 2021, c. 4, Sched. 6, s. 30 (1). Same (5) Subsections 11 (6) to (15) and section 12 apply, with necessary modifications, in respect of an application under this section and any reference to the issuing or refusal of a licence shall be read as a reference to the amending or refusal to amend a licence or a site plan, as the case may be. 2019, c. 14, Sched. 15, s. 6 (1). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 6 (1) - 10/12/2019; 2019, c. 14, Sched. 15, s. 6 (2) - 01/09/2020 2021, c. 4, Sched. 6, s. 30 (1) - 01/06/2021
13.2 (1) Subject to subsection (2), the boundaries of the area subject to a licence, as specified in a site plan for the licence, may not be expanded unless an application for a new licence is made under section 7 to operate the pit or quarry in the proposed expansion area. 2019, c. 14, Sched. 15, s. 7 (1). Amendment (2) A licensee may apply to the Minister for an amendment of the licence and an amendment to the site plan to expand the boundaries of the area subject to the licence if, (a) the proposed expansion area is wholly within a portion of a road allowance directly adjacent to the boundaries of the area subject to the licence; and (b) the prescribed conditions, if any, are satisfied. 2019, c. 14, Sched. 15, s. 7 (1). Same (3) Section 13 applies in respect of an application under subsection (2). 2019, c. 14, Sched. 15, s. 7. Meaning of road allowance (4) For greater certainty, a road allowance under subsection (2) includes a road allowance that has been closed. 2019, c. 14, Sched. 15, s. 7 (1). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 7 (1) - 10/12/2019; 2019, c. 14, Sched. 15, s. 7 (2) - 01/09/2020
14 (1) Every licensee shall pay any prescribed annual licence fee within the time period that is determined in accordance with the regulations. 2017, c. 6, Sched. 1, s. 14. Payment of fee (2) All licence fees payable under this section shall be paid to the Trust or to such person or entity as may be prescribed, unless otherwise provided by regulation. 2017, c. 6, Sched. 1, s. 14. Disbursement of fees (3) The Trust or other prescribed entity or person to whom fees are paid under subsection (2) shall disburse all or part of the annual licence fees it receives to such other persons or entities as may be prescribed in accordance with the regulations. 2017, c. 6, Sched. 1, s. 14. Same (4) The amount of a disbursement made under subsection (3) shall be determined in accordance with the regulations. 2017, c. 6, Sched. 1, s. 14. Waiver of fee (5) The Minister may waive, by order, the requirement to pay all or part of an annual licence fee. 2017, c. 6, Sched. 1, s. 14; 2019, c. 14, Sched. 15, s. 8 (1). Same (6) If a waiver has been ordered under subsection (5), the Minister may, by order, vary the percentage of the total of annual licence fees to be disbursed. 2019, c. 14, Sched. 15, s. 8 (2). Conflict (7) In the case of a conflict between a provision of this section or the regulations and an order of the Minister under subsection (5) or (6), the Minister’s order prevails. 2019, c. 14, Sched. 15, s. 8 (2). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 11 - 27/06/1997 2017, c. 6, Sched. 1, s. 14 - 10/05/2017 2019, c. 14, Sched. 15, s. 8 (1, 2) - 10/12/2019
14.1 Every licensee shall make a return to the Trust or to such person or entity as may be prescribed, within the prescribed time, showing the quantity of material removed from the site.  2006, c. 19, Sched. P, s. 1 (1); 2017, c. 6, Sched. 1, s. 15. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. P, s. 1 (1) - 22/06/2006 2017, c. 6, Sched. 1, s. 15 - 10/05/2017
15 Every licensee shall operate the licensee’s pit or quarry in accordance with this Act, the regulations, the site plan and the conditions of the licence.  R.S.O. 1990, c. A.8, s. 15.
18 (1) On application, the Minister may transfer a licence.  1996, c. 30, s. 15. Application fee (2) An applicant for the transfer of a licence shall pay any prescribed application fee. 2017, c. 6, Sched. 1, s. 18 (1). Consent (3) If the applicant is the licensee or has the licensee’s consent to the transfer, the following rules apply: 1. The Minister may transfer the licence. 2. If the Minister proposes to refuse the transfer, he or she shall forthwith serve notice of the proposal on the applicant (and on the licensee, if they are different persons), with reasons.  1996, c. 30, s. 15. No consent (4) If the applicant does not have the licensee’s consent to the transfer, the following rules apply: 1. If the Minister proposes to transfer the licence, he or she shall forthwith serve notice of the proposal on the licensee, with reasons. 2. If the Minister proposes to refuse the transfer, he or she shall forthwith serve notice of the proposal on the applicant, with reasons.  1996, c. 30, s. 15. No notice required (4.1) The Minister is not required to give notice to a licensee under subsection (4) if, (a) the licensee is an individual who is deceased and the estate has been wound up and the executor of the estate discharged; or (b) the licensee is a corporation that has been wound up or dissolved. 2017, c. 6, Sched. 1, s. 18 (2). Entitlement to hearing (5) An applicant or licensee who is served with notice under subsection (3) or (4) is entitled to a hearing by the Tribunal if the applicant or licensee, within 30 days after being served, serves the Minister with a notice that a hearing is required.  1996, c. 30, s. 15; 2017, c. 23, Sched. 5, s. 2; 2021, c. 4, Sched. 6, s. 30 (1). Hearing (6) Within 30 days after being served with notice that a hearing is required, the Minister shall refer the matter to the Tribunal for a hearing.  1996, c. 30, s. 15; 2017, c. 23, Sched. 5, s. 2; 2021, c. 4, Sched. 6, s. 30 (1). Parties (7) The parties to the hearing are the applicant, the licensee, the Minister and such other persons as the Tribunal specifies.  1996, c. 30, s. 15; 2017, c. 23, Sched. 5, s. 2; 2021, c. 4, Sched. 6, s. 30 (1). Powers of Tribunal (8) The Tribunal may direct the Minister to carry out or rescind his or her proposal.  1996, c. 30, s. 15; 2017, c. 23, Sched. 5, s. 2; 2021, c. 4, Sched. 6, s. 30 (1). No petition or review (9) Section 23 of the Ontario Land Tribunal Act, 2021 and section 21.2 of the Statutory Powers Procedure Act do not apply to an order or decision of the Tribunal under this section. 2017, c. 23, Sched. 5, s. 6; 2021, c. 4, Sched. 6, s. 30 (1, 2). If no hearing required (10) If no hearing is required under subsection (5), the Minister may carry out the proposal.  1996, c. 30, s. 15. (11) Repealed: 2017, c. 6, Sched. 1, s. 18 (3). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 15 - 27/06/1997 2002, c. 17, Sched. F, Table - 01/01/2003 2009, c. 33, Sched. 2, s. 3 - 15/12/2009 2017, c. 6, Sched. 1, s. 18 (2, 3) - 10/05/2017; 2017, c. 6, Sched. 1, s. 18 (1) - 01/09/2020; 2017, c. 23, Sched. 5, s. 2, 6 - 03/04/2018 2021, c. 4, Sched. 6, s. 30 (1, 2) - 01/06/2021
19 (1) The Minister may accept the surrender of a licence on being satisfied that the licensee’s annual licence fees and rehabilitation security payments, and special payments if applicable, have been paid and that rehabilitation has been performed in accordance with this Act, the regulations, the site plan, if any, and the conditions of the licence.  1996, c. 30, s. 16. Fee (2) The licensee shall pay any fee that may be prescribed for requests made to the Minister for his or her acceptance of the surrender of a licence under subsection (1). 2017, c. 6, Sched. 1, s. 19. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 16 - 27/06/1997 2017, c. 6, Sched. 1, s. 19 - 10/05/2017
20 (1) The Minister may revoke a licence if, (a) any provision of this Act, the regulation or the site plan or a condition of the licence is contravened; (b) the licensee is insolvent; (c) the licensee is an individual who is deceased and the estate has been wound up and the executor of the estate discharged; or (d) the licensee is a corporation that has been wound up or dissolved. 2017, c. 6, Sched. 1, s. 20 (1). Advance notice (2) The Minister shall not revoke a licence unless, at least 90 days before the licence is revoked, the Minister serves on the licensee notice of the intention to revoke the licence.  1996, c. 30, s. 17. Notice to licensee (3) When the Minister revokes a licence, he or she shall forthwith serve notice of the revocation, including reasons, on the licensee.  1996, c. 30, s. 17. Entitlement to hearing (4) A licensee who is served with a notice under subsection (3) is entitled to a hearing by the Tribunal if the licensee, within 30 days after being served, serves the Minister with a notice that a hearing is required.  1996, c. 30, s. 17; 2017, c. 23, Sched. 5, s. 2; 2021, c. 4, Sched. 6, s. 30 (1). Application (5) Subsection (4) does not apply if, (a) the licence is revoked because of a contravention of subsection 14 (1) or section 14.1; or (b) the licence is revoked under clause (1) (c) or (d). 2017, c. 6, Sched. 1, s. 20 (2). Hearing (6) Within 30 days after being served with notice that a hearing is required, the Minister shall refer the matter to the Tribunal for a hearing.  1996, c. 30, s. 17; 2017, c. 23, Sched. 5, s. 2; 2021, c. 4, Sched. 6, s. 30 (1). Parties (7) The parties to the hearing are the licensee, the Minister and such other persons as are specified by the Tribunal.  1996, c. 30, s. 17; 2017, c. 23, Sched. 5, s. 2; 2021, c. 4, Sched. 6, s. 30 (1). Powers of Tribunal (8) The Tribunal may confirm the revocation of the licence or direct the Minister to rescind the revocation.  1996, c. 30, s. 17; 2017, c. 23, Sched. 5, s. 2; 2021, c. 4, Sched. 6, s. 30 (1). No petition or review (9) Section 23 of the Ontario Land Tribunal Act, 2021 and section 21.2 of the Statutory Powers Procedure Act do not apply to an order or decision of the Tribunal under this section. 2017, c. 23, Sched. 5, s. 7; 2021, c. 4, Sched. 6, s. 30 (1, 2). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 17 - 27/06/1997 2006, c. 19, Sched. P, s. 1 (2) - 22/06/2006 2009, c. 33, Sched. 2, s. 3 - 15/12/2009 2017, c. 6, Sched. 1, s. 20 (1, 2) - 10/05/2017; 2017, c. 23, Sched. 5, s. 2, 7 - 03/04/2018 2021, c. 4, Sched. 6, s. 30 (1, 2) - 01/06/2021 21 Repealed:  1996, c. 30, s. 17. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 17 - 27/06/1997
22 (1) The Minister may suspend a licence for any period of time, for any contravention of this Act, the regulations, the site plan or the conditions of the licence, effective as soon as the notice mentioned in subsection (2) is served upon the licensee.  R.S.O. 1990, c. A.8, s. 22 (1); 1996, c. 30, s. 18 (1, 2). Notice of suspension (2) Notice of suspension of a licence, including the reasons therefor, shall be served upon the licensee and, where applicable, upon the clerk of each municipality in which the site is located for their information.  R.S.O. 1990, c. A.8, s. 22 (2); 2002, c. 17, Sched. F, Table. Further particulars of notice (3) The notice mentioned in subsection (2) shall inform the licensee of the period of the suspension, of the action the licensee must take or desist from taking before the suspension will be lifted, that the suspension will be lifted as soon as the licensee has complied with the notice to the satisfaction of the Minister, and that, if the licensee does not comply with the notice within the period of the suspension, the Minister may revoke the licence.  R.S.O. 1990, c. A.8, s. 22 (3). Revocation (4) If a licensee whose licence has been suspended has not taken or desisted from taking the action as required within the period of the suspension, the Minister may revoke the licence, in which case section 20 applies.  R.S.O. 1990, c. A.8, s. 22 (4); 1996, c. 30, s. 18 (3). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 18 (1-3) - 27/06/1997 2002, c. 17, Sched. F, Table - 01/01/2003 PART III   WAYSIDE PERMITS
23 (1) Any public authority, or any person who has a contract with a public authority, that requires aggregate for a temporary project from a source in a part of Ontario designated under section 5 that is not under licence or permit may apply to the Minister for a wayside permit to operate a pit or quarry.  R.S.O. 1990, c. A.8, s. 23 (1); 1996, c. 30, s. 19 (1). Licence not required (2) Subsection 7 (1) does not apply to a person who has a wayside permit.  R.S.O. 1990, c. A.8, s. 23 (2). Limitation (3) An application under subsection (1) shall not be considered unless, in the Minister’s opinion, (a) the aggregate is required for a project of road construction or road maintenance; (b)  Repealed: 2017, c. 6, Sched. 1, s. 21 (1). (c) adequate provision can be made as conditions of the permit to ensure a method of operation and rehabilitation so as to cause only a temporary inconvenience to the public.  R.S.O. 1990, c. A.8, s. 23 (3); 1996, c. 30, s. 19 (2); 2017, c. 6, Sched. 1, s. 21 (1). Application (4) Every application for a wayside permit shall be prepared in accordance with the regulations and shall include such documentation as may be prescribed. 2017, c. 6, Sched. 1, s. 21 (2). Site plans (4.1) Unless otherwise provided for by regulation, every application for a wayside permit shall include a site plan prepared in accordance with the regulations. 2017, c. 6, Sched. 1, s. 21 (2). Application fee (4.2) An applicant for a wayside permit shall pay any prescribed application fee. 2017, c. 6, Sched. 1, s. 21 (2). Waiver of fee (4.3) The Minister may waive the requirement to pay all or part of an application fee. 2017, c. 6, Sched. 1, s. 21 (2). Additional information (5) The Minister may require an applicant for a wayside permit to furnish additional information in such form and manner as is considered necessary, and, until the information is furnished, further consideration of the application may be refused.  R.S.O. 1990, c. A.8, s. 23 (5). Procedure (6) If an application for a wayside permit complies with this Act and the regulations, the Minister shall require the applicant to comply with the prescribed notification and consultation procedures.  1996, c. 30, s. 19 (3). Public record (7) The name and address of individuals who participate in the prescribed notification and consultation form part of a public record and may be made available to the public unless the individual requests that his or her name and address remain confidential. 2017, c. 6, Sched. 1, s. 21 (3). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 19 (1-3) - 27/06/1997 2017, c. 6, Sched. 1, s. 21 (2, 3) - 10/05/2017; 2017, c. 6, Sched. 1, s. 21 (1) - 01/09/2020 24 Repealed:  1996, c. 30, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 20 - 27/06/1997 25 Repealed: 2017, c. 6, Sched. 1, s. 22. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 21 - 27/06/1997 2017, c. 6, Sched. 1, s. 22 - 10/05/2017
26 The Minister in considering whether to issue or refuse a wayside permit shall have regard to, (a) any comments provided by the municipalities in which the site is located; (b) the effect of the operation of the pit or quarry on the environment and nearby communities; (c) the amount of aggregate estimated to be removed from the site; (d) the estimated cost of the aggregate for the project as compared with that from any alternative source of supply; (e) the proper management of the aggregate resources of the area; (f) any previous wayside permits for the site and adjacent lands; (g) the rehabilitation of the site and its compatibility with adjacent land; (h) any possible effects on ground and surface water resources including on drinking water sources; (i) any proposed aesthetic improvements to the landscape; (j) the main haulage routes and proposed truck traffic to and from the site; and (k) such other matters as are considered appropriate.  R.S.O. 1990, c. A.8, s. 26; 2017, c. 6, Sched. 1, s. 23. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 23 - 10/05/2017
27 (1) The Minister may in his or her discretion issue a wayside permit even if the location of the site contravenes a zoning by-law; in that case, the by-law does not apply to the site while the permit is in force.  1996, c. 30, s. 22. Limitation (2) No wayside permit shall be issued if the issuance will result in more than one wayside permit for one site at any time.  R.S.O. 1990, c. A.8, s. 27 (2). Niagara Escarpment Planning Area (3) Despite subsection (1), no wayside permit shall be issued for a site in the Niagara Escarpment Planning Area, as defined in the Niagara Escarpment Planning and Development Act, unless the location of the site complies with a development permit issued under that Act.  R.S.O. 1990, c. A.8, s. 27 (3). Exception (4) Despite subsection (1), no wayside permit shall be issued for a site zoned and developed for residential use or zoned as an area having particular environmental sensitivity.  R.S.O. 1990, c. A.8, s. 27 (4). Regulations limiting issuance (5) The Lieutenant Governor in Council may make regulations governing and limiting the issuance of wayside permits.  R.S.O. 1990, c. A.8, s. 27 (5). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 22 - 27/06/1997 28 Repealed: 2017, c. 6, Sched. 1, s. 24. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 23 - 27/06/1997 2002, c. 17, Sched. F, Table - 01/01/2003 2017, c. 6, Sched. 1, s. 24 - 10/05/2017
29 Every wayside permittee shall operate the permittee’s pit or quarry in accordance with this Act, the regulations, the site plan and the conditions of the permit.  R.S.O. 1990, c. A.8, s. 29.
30 Upon issuing a wayside permit, the Minister may attach such conditions to the permit as he or she considers necessary. 2017, c. 6, Sched. 1, s. 25. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 24 - 27/06/1997 2000, c. 26, Sched. L, s. 1 (2) - 06/12/2000 2002, c. 17, Sched. F, Table - 01/01/2003 2017, c. 6, Sched. 1, s. 25 - 01/09/2020 Amendments to permits and site plans
30.1 (1) The Minister may at any time, (a) add a condition to a wayside permit, rescind or vary a condition of a wayside permit or amend a wayside permit in any other way; or (b) require a permittee to amend the site plan or to submit a new site plan. 2017, c. 6, Sched. 1, s. 25. Application by permittee (2) The holder of a wayside permit may apply to the Minister at any time, (a) to have a condition added to the permit, to have a condition of the permit rescinded or varied or to have the permit amended in any other way; or (b) to request the Minister’s written approval of an amendment to the site plan or of a new site plan. 2017, c. 6, Sched. 1, s. 25. Same (3) The holder of a wayside permit shall prepare and submit an application under subsection (2) in accordance with the regulations and shall pay any prescribed application fee. 2017, c. 6, Sched. 1, s. 25. No amendments to site plans without approval (4) The holder of a wayside permit shall not amend a site plan or prepare a new site plan without first obtaining the Minister’s written approval. 2017, c. 6, Sched. 1, s. 25. Minor amendments (5) Despite subsection (4), the holder of a wayside permit may make such amendments to the site plan as may be prescribed without the approval of the Minister if the amendments are prepared and submitted to the Minister in accordance with the regulations, along with any prescribed fee. 2017, c. 6, Sched. 1, s. 25; 2019, c. 14, Sched. 15, s. 9. Preparation of site plan amendments (6) An amendment to a site plan or a new site plan that is required by the Minister under clause (1) (b) or is approved by the Minister at the permittee’s request under clause (2) (b) shall be prepared by the permittee in accordance with the regulations. 2017, c. 6, Sched. 1, s. 25. Notice (7) The Minister shall, (a) give a permittee notice of any amendment to a wayside permit made under clause (1) (a) and of any application or approval granted or refused under subsection (2); and (b) if, in the opinion of the Minister, an amendment is important and it is appropriate to do so, give the clerk of each municipality in which the site is located notice of any amendment to a wayside permit or site plan made in accordance with this section. 2017, c. 6, Sched. 1, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 25 - 01/09/2020 2019, c. 14, Sched. 15, s. 9 - 01/09/2020
31 (1) A wayside permit expires on the completion of the project in respect of which it was issued or eighteen months after its date of issue, whichever occurs first.  R.S.O. 1990, c. A.8, s. 31. Extension (2) The Minister may, before a wayside permit expires, extend the expiration date if the project has not been completed and requires more aggregate from the same site.  2000, c. 26, Sched. L, s. 1 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 1 (3) - 06/12/2000
31.1 (1) The holder of a wayside permit shall pay any prescribed permit fee within the time period that is determined in accordance with the regulations. 2017, c. 6, Sched. 1, s. 26. Payment of fee (2) A permit fee payable under this section shall be paid to the Trust or to such entity or person as may be prescribed. 2017, c. 6, Sched. 1, s. 26. Disbursement of fees (3) The Trust or other prescribed entity or person to whom the fees are paid under subsection (2) shall disburse all or part of the permit fees it receives under subsection (2) to such persons or entities as may be prescribed in accordance with the regulations. 2017, c. 6, Sched. 1, s. 26. Same (4) The amount of a disbursement made under subsection (3) shall be determined in accordance with the regulations. 2017, c. 6, Sched. 1, s. 26. Waiver of fee (5) The Minister may waive, by order, the requirement to pay all or part of a permit fee under this section. 2017, c. 6, Sched. 1, s. 26; 2019, c. 14, Sched. 15, s. 10 (1). Same (6) If a waiver has been ordered under subsection (5), the Minister may, by order, vary the percentage of the total of permit fees to be disbursed. 2019, c. 14, Sched. 15, s. 10 (2). Conflict (7) In the case of a conflict between a provision of this section or the regulations and an order of the Minister under subsection (5) or (6), the Minister’s order prevails. 2019, c. 14, Sched. 15, s. 10 (2). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 25 - 27/06/1997 2017, c. 6, Sched. 1, s. 26 - 10/05/2017 2019, c. 14, Sched. 15, s. 10 (1, 2) - 10/12/2019
32 (1) The Minister may, at any time, suspend or revoke a wayside permit for any contravention of this Act, the regulations, the site plan or the conditions of the permit, effective as soon as the notice mentioned in subsection (2) is served upon the permittee.  R.S.O. 1990, c. A.8, s. 32 (1); 1996, c. 30, s. 26 (1). Revocation for insolvency, etc. (1.1) The Minister may, at any time, revoke a wayside permit if, (a) the permittee is insolvent; (b) the permittee is an individual who is deceased and the estate has been wound up and the executor of the estate discharged; or (c) the permittee is a corporation that has been wound up or dissolved. 2017, c. 6, Sched. 1, s. 27. Notice to municipalities (2) Notice of suspension or revocation of a permit, including reasons therefor, shall be served upon the permittee and, where applicable, upon the clerk of each municipality in which the site is located for their information.  R.S.O. 1990, c. A.8, s. 32 (2); 2002, c. 17, Sched. F, Table. (3) Repealed:  1996, c. 30, s. 26 (2). Suspension — further particulars of notice (4) The notice mentioned in subsection (2) shall inform the permittee of the period of the suspension, of the action the permittee must take or desist from taking before the suspension will be lifted, that the suspension will be lifted as soon as the permittee has complied with the notice to the satisfaction of the Minister, and that, if the permittee does not comply with the notice within the period of the suspension, the Minister may revoke the permit.  R.S.O. 1990, c. A.8, s. 32 (4). Suspension — consequence of no remedial action (5) If a permittee whose permit has been suspended has not taken or desisted from taking the action as required within the period of the suspension, the Minister may revoke the permit.  R.S.O. 1990, c. A.8, s. 32 (5). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 26 (1, 2) - 27/06/1997 2002, c. 17, Sched. F, Table - 01/01/2003 2017, c. 6, Sched. 1, s. 27 - 10/05/2017
32.1 (1) The Minister may authorize any employee or class of employees of the Ministry of Transportation to exercise any power or perform any duty that is granted to or vested in the Minister under this Part.  1996, c. 30, s. 27. Limitations (2) The Minister may limit an authorization made under subsection (1) in such manner as he or she considers advisable.  1996, c. 30, s. 27. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 27 - 27/06/1997 PART IV (s. 33) Repealed:  1996, c. 30, s. 28. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 28 - 27/06/1997 PART V   AGGREGATE PERMITS
35 (1) If an application for an aggregate permit complies with this Act and the regulations, the Minister shall require the applicant to comply with the prescribed notification and consultation procedures, subject to any requirement to the contrary that may be specified in a custom plan under section 35.1. 2017, c. 6, Sched. 1, s. 29. Public record (2) The name and address of individuals who participate in the prescribed notification and consultation procedures form part of a public record and may be made available to the public unless the individual requests that his or her name and address remain confidential. 2017, c. 6, Sched. 1, s. 29. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 30 - 27/06/1997 2017, c. 6, Sched. 1, s. 29 - 10/05/2017
35.1 (1) If an application for an aggregate permit relates to a proposed pit or quarry that meets the prescribed criteria, the Minister shall require the applicant to prepare and submit to the Minister a custom plan that meets the requirements set out in subsection (2)  and the prescribed requirements and to submit the plan to the Minister. 2017, c. 6, Sched. 1, s. 29. Content (2) A custom plan shall set out, (a) consultation and notification procedures that the applicant will follow in addition to, or instead of, the procedures required by subsection 35 (1); and (b) a description of any surveys or studies relating to the proposed pit or quarry that the applicant will carry out and any documentation that the applicant will prepare. 2017, c. 6, Sched. 1, s. 29. Timing for preparation of plan (3) The applicant shall prepare the custom plan and submit it to the Minister and further consideration of the application may be refused until the plan is submitted. 2017, c. 6, Sched. 1, s. 29. Approval by Minister (4) Upon receipt of a custom plan, the Minister may approve the plan, approve the plan with such modifications as the Minister considers appropriate or require the applicant to prepare another plan. 2017, c. 6, Sched. 1, s. 29. Compliance with plan (5) An applicant shall comply with a custom plan that is approved by the Minister within such time period as is set out in the plan and shall notify the Minister when all the requirements of the plan have been met. 2017, c. 6, Sched. 1, s. 29. Same (6) Until all the requirements in the custom plan have been satisfied, further consideration of the application may be refused. 2017, c. 6, Sched. 1, s. 29. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 29 - 10/05/2017
36 Unless otherwise provided for by regulation, every application for an aggregate permit shall include a site plan prepared in accordance with the regulations. 2017, c. 6, Sched. 1, s. 30. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 31 - 27/06/1997 2017, c. 6, Sched. 1, s. 30 - 01/09/2020
36.1 No aggregate permit shall be issued for sand and gravel if the sand and gravel has been included in a placer mining claim under the Mining Act, unless the non-aggregate mineral has been removed from the placer deposit.  1996, c. 30, s. 32. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 32 - 27/06/1997
36.2 The boundaries of the area subject to a permit as specified in the site plan for the permit may not be expanded unless an application for a new permit is made under section 34 to operate the pit or quarry in the proposed expansion area. 2019, c. 14, Sched. 15, s. 12. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 12 - 10/12/2019
37 Upon issuing an aggregate permit, the Minister may attach such conditions to the permit as he or she considers necessary. 2019, c. 14, Sched. 15, s. 13. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 33 - 27/06/1997 2017, c. 6, Sched. 1, s. 31 - no effect - see 2019, c. 14, Sched. 15, s. 64 - 10/12/2019 2019, c. 14, Sched. 15, s. 13 - 01/09/2020
37.1 (1) Every holder of an aggregate permit shall pay any prescribed annual permit fee within the time period that is determined in accordance with the regulations. 2019, c. 14, Sched. 15, s. 14. Payment of fee (2) All permit fees payable under this section shall be paid to the Trust or to such entity or person as may be prescribed. 2019, c. 14, Sched. 15, s. 14. Disbursement of fees (3) The Trust or other prescribed entity or person to whom the fees are paid under subsection (2) shall disburse all or part of the annual permit fees it receives under subsection (2) to such persons or entities as may be prescribed in accordance with the regulations. 2019, c. 14, Sched. 15, s. 14. Same (4) The amount of a disbursement made under subsection (3) shall be determined in accordance with the regulations. 2019, c. 14, Sched. 15, s. 14. Waiver of fee (5) The Minister may, by order, waive the requirement to pay all or part of an annual permit fee under this section. 2019, c. 14, Sched. 15, s. 14. Same (6) If a waiver has been ordered under subsection (5), the Minister may, by order, vary the percentage of the total of annual permit fees to be disbursed. 2019, c. 14, Sched. 15, s. 14. Conflict (7) In the case of a conflict between a provision of this section or the regulations and an order of the Minister under subsection (5) or (6), the Minister’s order prevails. 2019, c. 14, Sched. 15, s. 14. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 34 - 27/06/1997 2017, c. 6, Sched. 1, s. 31 - no effect - see 2019, c. 14, Sched. 15, s. 64 - 10/12/2019 2019, c. 14, Sched. 15, s. 14 - 10/12/2019 Amendments to permits and site plans
37.2 (1) Subject to sections 43 and 44, the Minister may at any time, (a) add a condition to an aggregate permit, rescind or vary a condition of an aggregate permit or amend an aggregate permit in any other way; or (b) require a permittee to amend the site plan or to submit a new site plan. 2019, c. 14, Sched. 15, s. 15. Application by permittee (2) The holder of an aggregate permit may apply to the Minister at any time, (a) to have a condition added to the permit, to have a condition of the permit rescinded or varied or to have the permit amended in any other way; or (b) to request the Minister’s written approval of an amendment to the site plan or of a new site plan. 2019, c. 14, Sched. 15, s. 15. Same (3) The holder of an aggregate permit shall prepare and submit an application under subsection (2) in accordance with the regulations and shall pay any prescribed application fee. 2019, c. 14, Sched. 15, s. 15. No amendments to site plans without approval (4) The holder of an aggregate permit shall not amend a site plan or prepare a new site plan without first obtaining the Minister’s written approval. 2019, c. 14, Sched. 15, s. 15. Amendments (5) Despite subsection (4), the holder of an aggregate permit may make such amendments to the site plan as may be prescribed without the approval of the Minister if the amendments are prepared and submitted to the Minister in accordance with the regulations, along with any prescribed fee. 2019, c. 14, Sched. 15, s. 15. Preparation of site plan amendments (6) An amendment to a site plan or a new site plan that is required by the Minister under clause (1) (b) or is approved by the Minister at the permittee’s request under clause (2) (b) shall be prepared by the permittee in accordance with the regulations. 2019, c. 14, Sched. 15, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 31 - no effect - see 2019, c. 14, Sched. 15, s. 64 - 10/12/2019 2019, c. 14, Sched. 15, s. 15 - 01/09/2020
38 The Minister, if of the opinion that it is in the public interest, may authorize a public authority with a project that requires aggregate or topsoil or any person who has a contract with a public authority for such a project to excavate and remove undisturbed aggregate or topsoil in the ground that is the property of the Crown from a site that is subject to an aggregate permit.  R.S.O. 1990, c. A.8, s. 38. 39 Repealed:  1996, c. 30, s. 35. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 35 - 27/06/1997
40 Every aggregate permittee shall carry on the operation in accordance with this Act, the regulations, the site plan, if any, and the conditions of the permit.  R.S.O. 1990, c. A.8, s. 40.