71 (1) This Act and the regulations apply to every established pit and quarry in a part of Ontario designated under subsection 5 (2). R.S.O. 1990, c. A.8, s. 71 (1). Determination by Minister in cases of doubt (2) The Minister may, in his or her absolute discretion, determine, in cases where doubt exists, whether a pit or quarry is an established pit or quarry. R.S.O. 1990, c. A.8, s. 71 (2). Right to operate for limited period without licence or permit (3) Despite subsection 57 (1), a person with an established pit or quarry in a part of Ontario designated under subsection 5 (2) may continue to operate the pit or quarry without a licence or permit until the six-month period next following the date of the designation expires. R.S.O. 1990, c. A.8, s. 71 (3). Right to operate for limited period without licence (4) Despite subsection 57 (1), a person who applies for a licence during the six-month period following the day of the designation under subsection 5 (2) may operate an established pit or quarry without a licence, (a) if the Minister does not serve a notice on the applicant under subsection 12.1 (2), until the licence is issued or refused or until the 12-month period following the day of the designation expires, whichever occurs first; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 71 (4) (a) of the Act is amended by striking out “12-month period” and substituting “prescribed period”. (See: 2017, c. 6, Sched. 1, s. 52 (1)) (b) if the Minister serves a notice on the applicant under subsection 12.1 (2), until the licence is issued or refused. 1996, c. 30, s. 55 (1). Application (5) An application made under subsection (4) shall be made in the form approved by the Minister and shall include the following: 1. A site plan if available or, if not, a sketch of the site that is acceptable to the Minister. 2. Proof that the applicant has the right to extract aggregate from the pit or quarry. 3. If requested by the Ministry, i. proof that the pit or quarry is an established pit or quarry, and ii. proof that the location of the pit or quarry is in compliance with all relevant zoning by-laws. 4. If the applicant is a corporation, a corporate profile report that must include, i. the current status of the corporation, ii. the corporation’s legal name and registered address, and iii. a list of the names of the corporation’s directors. 2017, c. 6, Sched. 1, s. 52 (2). Issuance of licence (5.1) The Minister shall issue a licence to a person who applies for the licence under subsection (4) if satisfied that, (a) the application meets the requirements of subsection (5); (b) the application is in respect of an established pit or quarry; (c) the location of the pit or quarry is in compliance with all relevant zoning by-laws; and (d) any prescribed fees have been paid. 2017, c. 6, Sched. 1, s. 52 (2). Site plans and other documentation (6) Within six months after receiving a request from the Minister, the licensee shall serve on the Minister copies of the site plan referred to in section 8, unless no site plan has been prepared pursuant to the regulations. 2017, c. 6, Sched. 1, s. 52 (3). Application (7) Despite subsection (1), subsections 11 (1) to (8) and 11 (10) to (15), and section 12 do not apply to an application made under subsection (4). 1996, c. 30, s. 55 (2); 2017, c. 6, Sched. 1, s. 52 (4). Same (8) Despite subsection (1), subsections 11 (1) to (8) and 11 (10) to (15) do not apply to an application for an established pit or quarry made during the two-year period that follows the day of the designation. 1996, c. 30, s. 55 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 71 (8) of the Act is amended by striking out “application for an established pit or quarry” and substituting “application for a licence to operate an established pit or quarry”. (See: 2017, c. 6, Sched. 1, s. 52 (5)) Waiver (9) The Minister may waive the requirement to include any prescribed documentation referred to in subsection 7 (3) in an application for a licence made under subsection (8). 2017, c. 6, Sched. 1, s. 52 (6). Person deemed licensee from date of designation (10) For the purposes of this Act and the regulations, every person who has been issued a licence for an established pit or quarry in a part of Ontario that is designated under subsection 5 (2) shall be deemed to be a licensee from the date of the designation. R.S.O. 1990, c. A.8, s. 71 (10). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 55 (1, 2) - 27/06/1997 2017, c. 6, Sched. 1, s. 52 (1, 5) - not in force; 2017, c. 6, Sched. 1, s. 52 (2, 3) - 10/05/2017; 2017, c. 6, Sched. 1, s. 52 (4, 6) - 01/04/2021 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 6, Sched. 1, s. 53) Removal of aggregate from site 71.1 (1) This section applies to every pit or quarry in respect of which a licence or permit has been issued under this Act if the licence or permit is valid on the day this section comes into force. 2017, c. 6, Sched. 1, s. 53. Same (2) Every licensee or permittee of a pit or quarry shall ensure that the amount of aggregate removed from the site in any calendar year does not exceed the total amount of aggregate that the licensee or permittee is entitled under the licence or permit to excavate at the pit or quarry or remove from the site during the year in question. 2017, c. 6, Sched. 1, s. 53. Conflict (3) Subsection (2) prevails over any provision to the contrary in a licence or permit. 2017, c. 6, Sched. 1, s. 53. Recycled aggregate (4) In subsection (2), “aggregate” includes recycled aggregate as that term is defined by regulation. 2017, c. 6, Sched. 1, s. 53. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 53 - not in force