34 (1) No person shall, except under the authority of and in accordance with an aggregate permit, operate a pit or quarry, (a) to excavate aggregate or topsoil that is on land the surface rights of which are the property of the Crown, even if the surface rights are leased to another person; (b) to excavate aggregate or topsoil that is the property of the Crown from land under water; (c) to excavate aggregate or topsoil that is the property of the Crown in a part of Ontario that is not designated under section 5; or (d) to excavate aggregate that is not the property of the Crown from land under water.  R.S.O. 1990, c. A.8, s. 34 (1); 1996, c. 30, s. 29 (1). Exception, regulations (1.1) Despite subsection (1), a person may operate a pit or quarry to excavate aggregate or topsoil described in subsection (1) without an aggregate permit if, (a) the person has the prescribed qualifications; and (b) the person operates the pit or quarry in accordance with any prescribed terms or conditions. 2017, c. 6, Sched. 1, s. 28 (1). Extraction from placer deposit (2) The excavation of aggregate or topsoil resulting from non-aggregate mineral extraction from a placer deposit is considered to be the operation of a pit for the purpose of subsection (1).  R.S.O. 1990, c. A.8, s. 34 (2). Idem (3) The removal from the site of stockpiled aggregate or topsoil that is the property of the Crown and was excavated under an aggregate permit is considered to be the operation of a pit for the purpose of subsection (1).  R.S.O. 1990, c. A.8, s. 34 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 34 (3) of the Act is repealed and the following substituted: (See: 2017, c. 6, Sched. 1, s. 28 (2)) Removal of stockpiled aggregate, etc. (3) The removal of stockpiled aggregate or topsoil that is the property of the Crown from the site of a pit or quarry or from any other place at which it is stockpiled is considered to be the operation of a pit for the purpose of subsection (1) if the aggregate or topsoil that is being removed meets the prescribed conditions. 2017, c. 6, Sched. 1, s. 28 (2). Application for aggregate permit (4) Subject to subsection (5), any person may apply to the Minister for an aggregate permit to operate a pit or quarry. 2017, c. 6, Sched. 1, s. 28 (3). (4.1), (4.2) Repealed: 2017, c. 6, Sched. 1, s. 28 (3). No applications (5) A person shall not apply for an aggregate permit to operate a pit or quarry in an area that has been designated under subsection (6). 2017, c. 6, Sched. 1, s. 28 (3). Designation of areas (6) The Minister may designate areas of Crown land, or areas of land on or in which the aggregate or topsoil is the property of the Crown, as areas in respect of which an aggregate permit shall not be issued if the Minister determines that it is in the public interest that, (a) the aggregate or topsoil be extracted only by a person or entity specified in the designation and only for a purpose specified in the designation; or (b) aggregate or topsoil in the area not be extracted. 2017, c. 6, Sched. 1, s. 28 (3). Publication (6.1) The Minister shall give notice of a designation under subsection (6) to the public in such manner as he or she considers appropriate. 2017, c. 6, Sched. 1, s. 28 (3). Exception (6.2) Despite subsection (5), if an area is designated under clause (6) (a), the Minister may issue an aggregate permit to a person or entity specified in the designation to extract aggregate or topsoil in the area for the purpose specified in the designation. 2017, c. 6, Sched. 1, s. 28 (3). Content and form of permit application (6.3) Every application for an aggregate permit shall be prepared in accordance with the regulations and include such documentation as may be prescribed. 2017, c. 6, Sched. 1, s. 28 (3). Application fees (6.4) An applicant for an aggregate permit shall pay any prescribed application fee. 2017, c. 6, Sched. 1, s. 28 (3). Waiver of fee (6.5) The Minister may waive the requirement to pay all or part of an application fee. 2017, c. 6, Sched. 1, s. 28 (3). Additional information (6.6) The Minister may require an applicant for an aggregate 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. 2017, c. 6, Sched. 1, s. 28 (3). Where licence required (6.7) A person who, except for this subsection, would apply for an aggregate permit shall apply for a licence if, (a) the site is in a part of Ontario designated under section 5; (b) the site consists, (i) in part of land the surface rights of which are the property of the Crown or land under water, or a combination of both those types of lands, and (ii) in part of land that is neither land the surface rights of which are the property of the Crown nor land under water; and (c) the Minister directs the person in writing to apply for a licence. 2017, c. 6, Sched. 1, s. 28 (3). Exemption (7) Subsection (1) does not apply in respect of land that is subject to a resource management plan or similar document under another Act administered by the Minister, if the person, (a) is exempted from subsection (1) by the Minister; or (b) belongs to a class of persons exempted from subsection (1) by the regulations.  1996, c. 30, s. 29 (4). Same (8) A person who is exempted from subsection (1) by subsection (7) shall operate the pit or quarry in accordance with the regulations.  1996, c. 30, s. 29 (4). Inoperative by-law (9) If a zoning by-law includes a prohibition against a site being used for the making, establishment or operation of pits and quarries, the prohibition is inoperative where the surface rights are the property of the Crown. 2019, c. 14, Sched. 15, s. 11. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 29 (1-4) - 27/06/1997 2000, c. 26, Sched. L, s. 1 (4) - 06/12/2000 2017, c. 6, Sched. 1, s. 28 (1) - 10/05/2017; 2017, c. 6, Sched. 1, s. 28 (2) - not in force; 2017, c. 6, Sched. 1, s. 28 (3) - 01/09/2020 2019, c. 14, Sched. 15, s. 11 - 10/12/2019