jswizzle3737/ontario_laws_and_regs huggingface dataset:
41 (1) On application, the Minister may transfer an aggregate permit. 2017, c. 6, Sched. 1, s. 33. Transfer without consent (2) If an application for a transfer is made by a person other than the permittee, the Minister may transfer the aggregate permit without the consent of the permittee 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; (c) the permittee is a corporation that has been wound up or dissolved; or (d) it is, in the Minister’s opinion, in the public interest to do so. 2017, c. 6, Sched. 1, s. 33. Application fee (3) An applicant for the transfer of an aggregate permit shall pay any prescribed application fee. 2017, c. 6, Sched. 1, s. 33. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 37 - 27/06/1997 2017, c. 6, Sched. 1, s. 33 - 01/09/2020
41.1 (1) The Minister may accept the surrender of an aggregate permit on being satisfied that the permittee’s annual aggregate permit fees and rehabilitation security payments, and special payments if applicable, have been paid and that the rehabilitation has been performed in accordance with this Act, the regulations, the site plan, if any, and the conditions of the permit.  1996, c. 30, s. 37. Fee (2) The permittee shall pay any fee that may be prescribed for requests made to the Minister for his or her acceptance of the surrender of an aggregate permit under subsection (1). 2017, c. 6, Sched. 1, s. 34. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 37 - 27/06/1997 2017, c. 6, Sched. 1, s. 34 - 10/05/2017
42 The Minister may, (a) refuse to issue an aggregate permit; (b) refuse to transfer an aggregate permit; or (c) revoke an aggregate permit, if, (d) the Minister considers the issuance, transfer or continuation of the permit to be contrary to the public interest; (e) in the opinion of the Minister, a substantial amount of aggregate or topsoil has not been removed from the site under the permit during the previous twelve months; (f) the permittee has contravened this Act, the regulations, a site plan or a condition to which the permit is subject; or (g) in the case of the revocation of an aggregate permit, (i) the permittee is insolvent, (ii) the permittee is an individual who is deceased and the estate has been wound up and the executor of the estate discharged, or (iii) the permittee is a corporation that has been wound up or dissolved.  R.S.O. 1990, c. A.8, s. 42; 1996, c. 30, s. 38; 2017, c. 6, Sched. 1, s. 35. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 38 (1, 2) - 27/06/1997 2017, c. 6, Sched. 1, s. 35 - 10/05/2017
43 (1) If the Minister, (a) refuses to issue an aggregate permit to excavate aggregate or topsoil that is not the property of the Crown; (b) revokes an aggregate permit; (c)  Repealed:  1996, c. 30, s. 39 (1). (d)  Repealed:  1996, c. 30, s. 39 (1). (e) proposes to amend an aggregate permit under clause 37.2 (1) (a); or (f) proposes to require the holder of an aggregate permit to amend a site plan or submit a new site plan under clause 37.2 (1) (b), the Minister shall serve forthwith notice thereof including the reasons therefor upon the applicant or permittee.  R.S.O. 1990, c. A.8, s. 43 (1); 1996, c. 30, s. 39 (1); 2017, c. 6, Sched. 1, s. 36 (1). Same, transfer without consent (1.1) If the Minister proposes to transfer an aggregate permit to an applicant without the consent of the permittee, the Minister shall serve forthwith notice of the proposal, including reasons, to the permittee. 2017, c. 6, Sched. 1, s. 36 (2). Exception (1.2) The Minister is not required to give notice to a permittee under subsection (1.1) if, (a) the permittee is an individual who is deceased and the estate has been wound up and the executor of the estate discharged; or (b) the permittee is a corporation that has been wound up or dissolved. 2017, c. 6, Sched. 1, s. 36 (2). Time of taking effect (2) Any action of the Minister under clause (1) (a) or (b) is effective as soon as the notice is served upon the applicant or permittee and, despite the fact that the applicant or permittee requires a hearing by the Tribunal, remains effective until the Minister takes action under subsection 44 (5).  R.S.O. 1990, c. A.8, s. 43 (2); 1996, c. 30, s. 39 (2); 2017, c. 8, Sched. 17, s. 4 (3). No action until 30 days elapsed (3) The Minister shall take no action proposed under clause (1) (e) or (f) or under subsection (1.1) until the thirty days referred to in subsection 44 (1) have elapsed.  R.S.O. 1990, c. A.8, s. 43 (3); 1996, c. 30, s. 39 (3); 2017, c. 6, Sched. 1, s. 36 (3). Where no hearing (4) The Minister may carry out a proposal under clause (1) (e) or (f) or under subsection (1.1) if the proposal is not referred to the Tribunal.  R.S.O. 1990, c. A.8, s. 43 (4); 1996, c. 30, s. 39 (4); 2017, c. 6, Sched. 1, s. 36 (3); 2017, c. 8, Sched. 17, s. 4 (4). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 39 (1-4) - 27/06/1997 2017, c. 6, Sched. 1, s. 36 (3) - 10/05/2017; 2017, c. 6, Sched. 1, s. 36 (1, 2) - 01/09/2020; 2017, c. 8, Sched. 17, s. 4 (3, 4) - 01/04/2018 CTS 11 AU 20 - 1; CTS 11 AU 20 - 2
44 (1) An applicant or aggregate permittee who is served with a notice mentioned in subsection 43 (1) is entitled to a hearing by the Tribunal if the applicant or permittee, within thirty days after being served, serves the Minister with a notice that a hearing is required.  R.S.O. 1990, c. A.8, s. 44 (1); 2017, c. 8, Sched. 17, s. 4 (5). Application (1.1) Subsection (1) does not apply if, (a) the aggregate permit is revoked because of a contravention of section 37.1 or subsection 46 (2) or (2.1); or (b) the aggregate permit is revoked under subclause 42 (g) (ii) or (iii). 2017, c. 6, Sched. 1, s. 37 (1); 2019, c. 14, Sched. 15, s. 16. Hearing (2) The Minister, if served with a notice under subsection (1), shall, within thirty days after being served, refer the matter to the Tribunal for a hearing.  R.S.O. 1990, c. A.8, s. 44 (2); 2017, c. 8, Sched. 17, s. 4 (5). Recommendation by Tribunal (3) The Tribunal shall hold a hearing on a matter referred under subsection (2) and, after the hearing, make a recommendation to the Minister.  R.S.O. 1990, c. A.8, s. 44 (3); 2017, c. 8, Sched. 17, s. 4 (5). Idem (4) The Tribunal shall specify the parties to the hearing.  R.S.O. 1990, c. A.8, s. 44 (4); 2017, c. 8, Sched. 17, s. 4 (5). Decision by Minister (5) After considering the recommendation of the Tribunal, the Minister may take such action as the Minister considers appropriate and shall serve notice of the decision on the parties to the hearing.  R.S.O. 1990, c. A.8, s. 44 (5); 2017, c. 8, Sched. 17, s. 4 (5). Decision final (6) The decision of the Minister is final.  R.S.O. 1990, c. A.8, s. 44 (6). Exception, no hearing required (7) Despite subsection (1), a permittee is not entitled to a hearing under this section if the Minister adds a condition to the permit or varies a condition of the permit for the purpose of implementing a source protection plan under the Clean Water Act, 2006. 2017, c. 6, Sched. 1, s. 37 (2). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 40 - 27/06/1997 2017, c. 6, Sched. 1, s. 37 (1, 2) - 10/05/2017; 2017, c. 8, Sched. 17, s. 4 (5) - 01/04/2018 2019, c. 14, Sched. 15, s. 16 - 10/12/2019
45 (1) The Minister may suspend an aggregate permit for any period of time, (a) for any contravention of this Act, the regulations, the site plan or the conditions of the permit; or (b) if, in the opinion of the Minister, the continuation of the operation under the permit will likely cause damage to property or is contrary to the public interest.  R.S.O. 1990, c. A.8, s. 45 (1); 1996, c. 30, s. 41. Time of taking effect (2) The suspension shall be effective as soon as the required notice is served upon the permittee.  R.S.O. 1990, c. A.8, s. 45 (2). Notice of suspension (3) Notice of a suspension of an aggregate permit, including the reasons therefor, shall be served upon the permittee.  R.S.O. 1990, c. A.8, s. 45 (3). Further particulars of notice (4) The notice of suspension shall inform the aggregate 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. 45 (4). Revocation (5) If a permittee whose aggregate 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 aggregate permit, in which case sections 43 and 44 apply.  R.S.O. 1990, c. A.8, s. 45 (5). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 41 (1, 2) - 27/06/1997
46 (1) The Minister shall determine the royalty per tonne that each aggregate permittee removing from the site aggregate or topsoil that is property of the Crown must pay, but in no case shall the royalty be less than the prescribed minimum royalty, and, in determining the royalty, the Minister shall have regard to the location, quantity, type and accessibility of the aggregate or topsoil and its intended use.  R.S.O. 1990, c. A.8, s. 46 (1). Same, mining lease (1.1) The royalty payable under this section shall be paid even if the aggregate is excavated from land that is subject to a mining lease. 2017, c. 6, Sched. 1, s. 38 (1). Return (2) Every aggregate permittee shall make a return, in accordance with the regulations, to the Trust or to such other person or entity as may be prescribed showing the quantity of material removed from the site.  2006, c. 19, Sched. P, s. 1 (3); 2017, c. 6, Sched. 1, s. 38 (2). Payment of royalty (2.1) Every aggregate permittee shall pay the royalty payment required under subsection (1) to the Trust or to such other person or entity as may be prescribed at the same time as the annual permit fee.  2006, c. 19, Sched. P, s. 1 (3); 2017, c. 6, Sched. 1, s. 38 (2). Deposit (3) The Minister may require an aggregate permittee to pay a deposit to the Trust or to such other person or entity as may be prescribed, in an amount determined by the Minister, for the payment of any royalty that is due or that may become due under subsection (1).  1996, c. 30, s. 42; 2017, c. 6, Sched. 1, s. 38 (2). Disbursement of royalty payment (4) The Trust or other prescribed entity or person to whom royalties are paid under subsection (2.1) shall disburse all or part of the royalty it receives to such other persons or entities as may be prescribed in accordance with the regulations. 2017, c. 6, Sched. 1, s. 38 (3). Same (4.1) The amount of a disbursement made under subsection (4) shall be determined in accordance with the regulations. 2017, c. 6, Sched. 1, s. 38 (3). Exemption from royalty payment (5) No royalty is payable by an aggregate permittee, (a) who is exempted from payment by the Minister; or (b) who belongs to a class of permittees exempted from payment by the regulations.  R.S.O. 1990, c. A.8, s. 46 (5). Licensee removing Crown aggregate or topsoil pays royalties (6) Subsections (1) to (5) apply to a licensee who removes from the site aggregate or topsoil that is the property of the Crown as if the references to “aggregate permittee” were references to “licensee”.  R.S.O. 1990, c. A.8, s. 46 (6). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 42 - 27/06/1997 2006, c. 19, Sched. P, s. 1 (3) - 22/06/2006 2017, c. 6, Sched. 1, s. 38 (1-3) - 10/05/2017
46.1 (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. 43. 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. 43. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 43 - 27/06/1997 PART VI   REHABILITATION
47 This Part does not apply to a pit or quarry or part thereof that is covered by water that is not the result of excavation of aggregate below the water table.  R.S.O. 1990, c. A.8, s. 47.
48 (1) Every licensee and every permittee shall perform progressive rehabilitation and final rehabilitation on the site in accordance with this Act, the regulations, the site plan and the conditions of the licence or permit to the satisfaction of the Minister.  R.S.O. 1990, c. A.8, s. 48 (1). Rehabilitation report (1.1) Every licensee and every permittee shall submit reports on the progressive rehabilitation and final rehabilitation of the site at the prescribed times and shall prepare and submit the reports in accordance with the regulations. 2017, c. 6, Sched. 1, s. 39. Minister’s order requiring rehabilitation (2) On being satisfied that a person is not performing or did not perform adequate progressive rehabilitation or final rehabilitation on the site in accordance with subsection (1), the Minister may order the person to perform, within a specified period of time, such progressive rehabilitation or final rehabilitation as the Minister considers necessary, and the person shall comply with the order.  2000, c. 26, Sched. L, s. 1 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 1 (5) - 06/12/2000 2017, c. 6, Sched. 1, s. 39 - 10/05/2017 49 Repealed:  1999, c. 12, Sched. N, s. 1 (2). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 1 (2) - 22/12/1999
50 (1) Licensees and permittees shall make rehabilitation security payments in the prescribed amounts and within the prescribed times.  1996, c. 30, s. 45. Newly designated lands, special payments (2) When a regulation is made under subsection 5 (2) designating a part of Ontario that was not previously designated, the Lieutenant Governor in Council may, by a regulation made at the same time as the regulation under subsection 5 (2), require the holders of licences and permits relating to sites in the newly designated area to make special payments, in the prescribed amounts and within the prescribed times, in addition to their rehabilitation security payments.  1996, c. 30, s. 45. Payments to Trust (3) Rehabilitation security payments and special payments shall be paid to the Trust or to such other person or entity as may be prescribed, in accordance with the regulations.  1996, c. 30, s. 45; 2017, c. 6, Sched. 1, s. 40. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 45 - 27/06/1997 2017, c. 6, Sched. 1, s. 40 - 10/05/2017 51 Repealed:  1996, c. 30, s. 45. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 45 - 27/06/1997 52 Repealed:  1996, c. 30, s. 45. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 45 - 27/06/1997 53 Repealed:  1996, c. 30, s. 45. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 45 - 27/06/1997 54 Repealed:  1996, c. 30, s. 45. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 45 - 27/06/1997
55 (1) A licensee, permittee, former licensee or former permittee who does not, without this subsection, have the right to enter upon a site not rehabilitated in accordance with this Act, the regulations, the site plan and the conditions of the licence or permit may enter upon the site and perform such rehabilitation as the Minister considers necessary.  R.S.O. 1990, c. A.8, s. 55 (1). (2) Repealed:  1996, c. 30, s. 46. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 46 - 27/06/1997 56 Repealed:  1996, c. 30, s. 47. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 47 - 27/06/1997 PART VII   OFFENCES AND PENALTIES
57 (1) Every person who operates a pit or quarry except under the authority of a licence or permit is guilty of an offence.  R.S.O. 1990, c. A.8, s. 57 (1). Application (1.1) Subsection (1) does not apply if the person is authorized under subsection 7 (1.1) or subsection 34 (1.1) or (7) to operate the pit or quarry without an aggregate licence or permit, as the case may be. 2017, c. 6, Sched. 1, s. 41 (1). Contravention of licence, permit or site plan (2) Every person who contravenes or permits the contravention of the site plan or a condition of the licence or permit is guilty of an offence.  R.S.O. 1990, c. A.8, s. 57 (2). Contravention of Act or regulations (3) Every person who contravenes this Act or the regulations is guilty of an offence.  R.S.O. 1990, c. A.8, s. 57 (3). Contravention of inspector’s order (3.1) Every person who contravenes or fails to comply with an inspector’s order under this Act is guilty of an offence.  2006, c. 19, Sched. P, s. 1 (4). Obstruction of inspectors (4) Every person who hinders or obstructs an inspector in the performance of the inspector’s duties or furnishes the inspector with false information or refuses to furnish the inspector with information is guilty of an offence.  R.S.O. 1990, c. A.8, s. 57 (4). False or misleading information (5) Every person who includes false or misleading information in a report or in information that is required under this Act, the regulations, a site plan or a licence or permit is guilty of an offence. 2017, c. 6, Sched. 1, s. 41 (2). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 48 - 27/06/1997 2006, c. 19, Sched. P, s. 1 (4) - 22/06/2006 2017, c. 6, Sched. 1, s. 41 (1, 2) - 10/05/2017
58 (1) Every person who commits an offence under section 57 is liable on conviction to a fine of not more than $1,000,000 and an additional fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues. 2017, c. 6, Sched. 1, s. 42. Penalty increased by monetary benefit (2) The maximum fine provided under subsection (1) may be increased by an amount equal to the amount of the monetary benefit acquired by or that accrued to the convicted person as a result of the commission of the offence.  R.S.O. 1990, c. A.8, s. 58 (2). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 49 - 27/06/1997 2017, c. 6, Sched. 1, s. 42 - 10/05/2017
59 In any prosecution under this Act, the court may, in addition to imposing a fine under section 58, make such order as the court considers proper to obtain compliance with this Act, the regulations, the site plan or any condition of a licence or permit.  R.S.O. 1990, c. A.8, s. 59.
59.1 A proceeding in respect of an offence under section 57 shall not be commenced more than five years after the date on which the offence was, or is alleged to have been, committed.  1996, c. 30, s. 50. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 50 - 27/06/1997 PART VIII (ss. 60 and 61) Repealed:  1996, c. 30, s. 51. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 51 - 27/06/1997 PART IX   MISCELLANEOUS
62 (1) Every licensee and permittee shall keep, for a period of seven years, detailed records of the operation for which the licence or permit has been issued, including copies of all documents relating to quantities of material removed from the site, inventories of material on the site, sales and shipments and any other prescribed records.  2006, c. 19, Sched. P, s. 1 (5); 2017, c. 6, Sched. 1, s. 43 (1). Inspection of records (2) Every licensee or permittee shall make available for inspection by any person authorized for the purpose of this Act all the records required to be kept under subsection (1).  R.S.O. 1990, c. A.8, s. 62 (2). Report on records (3) If required by regulation to do so, every licensee or permittee shall prepare reports on records kept under this section and submit them to the Minister at such times as may be specified by regulation. 2017, c. 6, Sched. 1, s. 43 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. P, s. 1 (5) - 22/06/2006 2017, c. 6, Sched. 1, s. 43 (1, 2) - 10/05/2017
62.1 Within 14 days after a licensee or permittee changes his or her name, address or other prescribed contact information, the licensee or permittee shall give notice of the change to the prescribed person in the prescribed manner. 2019, c. 7, Sched. 1, s. 1. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 1 (6) - 06/12/2000 2017, c. 6, Sched. 1, s. 44 - no effect - see 2019, c. 7, Sched. 1, s. 2 - 29/05/2019 2019, c. 7, Sched. 1, s. 1 - 01/09/2020
62.2 (1) If the regulations so provide, technical or specialized studies or reports that an applicant for a licence or permit or a licensee or permittee is required under this Act to prepare shall be reviewed in accordance with the regulations by persons or entities outside the Ministry who have the prescribed qualifications. 2017, c. 6, Sched. 1, s. 45. Report to Ministry (2) Persons or entities conducting a review under this section shall report on their review to the Minister in accordance with the regulations. 2017, c. 6, Sched. 1, s. 45. Costs (3) In such circumstances as may be prescribed, the cost of a review conducted under this section shall be paid by the applicant, licensee or permittee, as the case may be, in accordance with the regulations. 2017, c. 6, Sched. 1, s. 45. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 45 - 10/05/2017
62.3 (1) The Minister may direct a licensee or permittee to submit to the Minister such information relating to the operation of a pit or quarry as may be specified by the Minister. 2017, c. 6, Sched. 1, s. 45. Direction (2) A direction under subsection (1) shall be made in accordance with the regulations and shall inform the licensee or permittee of the right to request a reconsideration of the direction under subsection (3). 2017, c. 6, Sched. 1, s. 45. Request for reconsideration (3) Within 30 days after receiving a direction under subsection (1), a licensee or permittee may request in writing that the Minister reconsider the direction and may include in the request any written submission or materials to support the request. 2017, c. 6, Sched. 1, s. 45. Reconsideration (4) After reconsideration of a direction, the Minister may confirm or revoke the direction or make such other direction as he or she considers appropriate. 2017, c. 6, Sched. 1, s. 45. Compliance (5) A licensee or permittee shall comply with a direction made by the Minister under subsection (1) or (4) within the time specified by the Minister. 2017, c. 6, Sched. 1, s. 45. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 45 - 10/05/2017
62.4 (1) Subject to subsection (2), the Minister may direct a licensee or permittee to, (a) conduct any inventory, survey, test or study that is usually required to be conducted and submitted as part of the documentation required to accompany an application for a licence or permit under this Act; and (b) submit a report on the inventory, survey, test or study to the Minister. 2017, c. 6, Sched. 1, s. 45. Considerations (2) The Minister shall make a direction under subsection (1) only if he or she considers it necessary for the proper administration of this Act after considering, (a) the length of time for which the pit or quarry has been subject to a licence or permit; (b) the environmental impact the operation of the pit or quarry is having or may have on the area surrounding the site; (c) the financial impact of conducting the inventories, surveys, tests or studies on the licensee or permittee; and (d) such other considerations as may be prescribed. 2017, c. 6, Sched. 1, s. 45. Direction (3) A direction under subsection (1) shall be made in accordance with the regulations and shall inform the licensee or permittee of the right to request a reconsideration of the direction under subsection (4). 2017, c. 6, Sched. 1, s. 45. Request for reconsideration (4) Within 30 days after receiving a direction under subsection (1), a licensee or permittee may request in writing that the Minister reconsider the direction and may include in the request any written submission or materials to support the request. 2017, c. 6, Sched. 1, s. 45. Reconsideration (5) After reconsideration of a direction, the Minister may, (a) confirm or revoke the direction; (b) make such other direction, requiring such other inventories, surveys, tests or studies described in clause (1) (a) as the Minister considers appropriate and requiring the licensee or permittee to submit a report to the Minister. 2017, c. 6, Sched. 1, s. 45. Compliance (6) A licensee or permittee shall comply with a direction made by the Minister under subsection (1) or (5) within the time specified by the Minister. 2017, c. 6, Sched. 1, s. 45. Failure to conduct inventories, etc. (7) If a licensee or permittee fails to comply with a direction made under subsection (1) or (5) within the time specified by the Minister, the Minister may cause the directed inventories, surveys, tests or studies, as the case may be, to be carried out and, for the purposes of carrying out such inventories, surveys, tests or studies, any employee or person acting on behalf of the Ministry may, (a) enter upon the site of a pit or quarry; and (b) carry out the relevant inventories, surveys, tests or studies. 2017, c. 6, Sched. 1, s. 45. Costs (8) Any costs or expenses incurred by the Minister under subsection (7) shall be paid by the licensee or permittee and constitute a debt due to the Crown that may be recovered by any remedy or procedure available to the Crown by law. 2017, c. 6, Sched. 1, s. 45. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 45 - 10/05/2017
63 (1) Where an inspector finds that any provision of this Act or the regulations is being contravened, he or she may give to the licensee or permittee or to the person whom the inspector believes to be the contravener, his or her supervisor or foreman, or any of them, an order in writing directing compliance with the provision and may require the order to be carried out forthwith or within such time as the inspector specifies.  2006, c. 19, Sched. P, s. 1 (6). Same (2) Where an inspector gives an order under this section on finding that a pit or quarry is being operated without a licence or permit in contravention of this Act, he or she may order that the operation of the pit or quarry cease and that the land on which the pit or quarry was operated be rehabilitated to a safe condition in accordance with the order.  2006, c. 19, Sched. P, s. 1 (6); 2017, c. 6, Sched. 1, s. 46. Sufficient information (3) Where an inspector gives an order under this section, the order shall contain sufficient information to specify the nature of the contravention.  2006, c. 19, Sched. P, s. 1 (6). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 1 (3) - 22/12/1999 2006, c. 19, Sched. P, s. 1 (6) - 22/06/2006 2017, c. 6, Sched. 1, s. 46 - 10/05/2017
63.1 (1) Any person who considers himself, herself or itself aggrieved by an order of an inspector made under section 63 may appeal to the Minister within 30 days after the order is made, by giving the Minister a written notice setting out the grounds for the appeal.  2006, c. 19, Sched. P, s. 1 (6). Minister’s designee (2) The Minister may designate any person as the Minister’s designee for the purpose of disposing of an appeal under this section.  2006, c. 19, Sched. P, s. 1 (6). Dismissal of appeal without hearing (3) Subject to subsection (6), the Minister’s designee may dismiss an appeal under this section without a hearing if, (a) the appeal is frivolous or vexatious or is commenced in bad faith; or (b) any of the statutory requirements for bringing the appeal has not been met.  2006, c. 19, Sched. P, s. 1 (6). Notice (4) Before dismissing the appeal, the Minister’s designee shall give the appellant a written notice setting out, (a) the designee’s intention to dismiss the appeal; (b) the reasons for the dismissal; and (c) the appellant’s right to make written submissions to the designee with respect to the dismissal within the time specified in the notice.  2006, c. 19, Sched. P, s. 1 (6). Right to make submissions (5) An appellant who receives a notice under subsection (4) may make written submissions to the designee with respect to the dismissal within the time specified in the notice.  2006, c. 19, Sched. P, s. 1 (6). Dismissal (6) The designee shall not dismiss the appeal until he or she has given notice under subsection (4) and considered the submissions, if any, made under subsection (5).  2006, c. 19, Sched. P, s. 1 (6). Powers after hearing (7) If the designee hears an appeal under this section, the designee may substitute his or her findings or opinions for those of the inspector who made the order appealed from, and may, (a) make an order rescinding the inspector’s order; (b) make an order affirming the inspector’s order; or (c) make a new order in substitution for the inspector’s order.  2006, c. 19, Sched. P, s. 1 (6). Effect of Minister’s order (8) The designee’s order under subsection (7) stands in place of and has the same effect as the inspector’s order.  2006, c. 19, Sched. P, s. 1 (6). Operation of inspector’s order pending appeal (9) The bringing of an appeal under this section does not affect the operation of the order appealed from pending disposition of the appeal.  2006, c. 19, Sched. P, s. 1 (6). Non-application (10) The Statutory Powers Procedure Act does not apply to appeals under this section.  2006, c. 19, Sched. P, s. 1 (6). Guidelines (11) The Minister may establish guidelines with respect to appeals under this section. 2017, c. 6, Sched. 1, s. 47. Fees (12) An appellant from an order of an inspector made under section 63 shall pay any prescribed fee respecting the appeal. 2017, c. 6, Sched. 1, s. 47. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. P, s. 1 (6) - 22/06/2006 2017, c. 6, Sched. 1, s. 47 - 10/05/2017
64 (1) Any notice or document required to be served by the Minister under this Act is sufficiently served if it is served on the person to whom service is to be made, (a) by personal delivery; (b) by fax at the last fax number appearing on the Ministry’s records relating to this Act; (c) by registered mail or by courier at the last address for service appearing on the Ministry’s records relating to this Act; or (d) by email at the last electronic mail address appearing on the Ministry’s records. 2017, c. 6, Sched. 1, s. 48 (1). Deemed receipt (2) Service made by registered mail or courier shall be deemed to be made on the fifth day after the day the notice is mailed or is received by the courier, as the case may be, unless the person being served establishes that he or she did not, acting in good faith, and for cause beyond that person’s control, receive the notice until a later date. 2017, c. 6, Sched. 1, s. 48 (2). Same, fax, electronic mail (3) Service made by fax or by electronic mail shall be deemed to have been made on the day after the day the notice or document is sent by fax or electronic mail unless the person being served establishes that he or she did not, acting in good faith, and for cause beyond that person’s control, receive the notice until a later date. 2017, c. 6, Sched. 1, s. 48 (2). Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 48 (1, 2) - 10/05/2017
65 This Act and the regulations are in addition to and not in substitution for regulations made under the Occupational Health and Safety Act respecting mines and mining plants or any provisions substituted therefor at any time.  R.S.O. 1990, c. A.8, s. 65.
66 (1) This Act, the regulations and the provisions of licenses and permits and site plans apply despite any municipal by-law, official plan or development agreement and, to the extent that a municipal by-law, official plan or development agreement deals with the same subject-matter as this Act, the regulations or the provisions of a licence or permit or a site plan, the by-law, official plan or development agreement is inoperative.  1999, c. 12, Sched. N, s. 1 (4); 2019, c. 14, Sched. 15, s. 17. Same (2) Subsection (1) applies even if the by-law, official plan or development agreement came into force before the day subsection 1 (4) of Schedule N to the Red Tape Reduction Act, 1999 came into force.  1999, c. 12, Sched. N, s. 1 (4). Power to pass by-laws restricted (3) Except as provided in paragraph 142 of section 210 of the Municipal Act, being chapter M.45 of the Revised Statutes of Ontario, 1990, as that paragraph read immediately before its repeal by the Municipal Act, 2001, no by-law passed under that Act may prohibit or require a licence for the carrying on or operating of a pit or quarry or wayside pit or quarry.  1999, c. 12, Sched. N, s. 1 (4); 2002, c. 17, Sched. F, Table. Same (4) Subsection (3) applies even if the by-law came into force before the day subsection 1 (4) of Schedule N to the Red Tape Reduction Act, 1999 came into force.  1999, c. 12, Sched. N, s. 1 (4). No requirement for development permit under Planning Act (5) A requirement for a development permit imposed by a development permit system established under subsection 70.2 (1) of the Planning Act does not apply to a site for which a licence or permit has been issued under this Act.  1996, c. 30, s. 52. Retroactivity (6) Subsection (5) applies even if the development permit system came into effect before the coming into force of section 52 of the Aggregate and Petroleum Resources Statute Law Amendment Act, 1996.  1996, c. 30, s. 52. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 52 - 27/06/1997; 1999, c. 12, Sched. N, s. 1 (4) - 22/12/1999 2002, c. 17, Sched. F, Table - 01/01/2003 2019, c. 14, Sched. 15, s. 17 - 10/12/2019
68 (1) The Minister, if of the opinion that it is not contrary to the public interest, may, in writing, relieve any licensee, permittee or applicant for a licence or permit from compliance in whole or in part with the regulations.  R.S.O. 1990, c. A.8, s. 68 (1); 2017, c. 6, Sched. 1, s. 50 (1). Idem (2) The relief granted under subsection (1) is subject to such conditions as are set out in the instrument giving it.  R.S.O. 1990, c. A.8, s. 68 (2). Idem (3) The Minister may at any time rescind or vary any relief granted under subsection (1) upon written notice thereof to the licensee, permittee or applicant for a licence or permit.  R.S.O. 1990, c. A.8, s. 68 (3); 2017, c. 6, Sched. 1, s. 50 (2). Notice (4) The Minister, if the matter appears to warrant it, shall serve notice of a proposed relief under subsection (1), including reasons therefor, upon the clerk of each municipality in which the site is located for their information and comment.  2002, c. 17, Sched. F, Table. Delay in relief (5) The Minister may not grant relief until the Minister is served with comments by the municipalities or thirty days after service of the notice by the Minister, whichever occurs first.  R.S.O. 1990, c. A.8, s. 68 (5). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2017, c. 6, Sched. 1, s. 50 (1, 2) - 10/05/2017 69 Repealed: 2017, c. 6, Sched. 1, s. 51. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 51 - 10/05/2017 70 Repealed:  1996, c. 30, s. 54. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 54 - 27/06/1997
72 (1) Subject to subsection (2), despite the fact that a licence or permit has been issued, no person shall operate a quarry nearer to the natural edge of the Niagara escarpment than 200 metres measured horizontally.  R.S.O. 1990, c. A.8, s. 72 (1). Idem (2) No person holding a licence for a quarry under the Pits and Quarries Control Act, being chapter 378 of the Revised Statutes of Ontario, 1980, on the 1st day of January, 1990 and who is issued a licence for the quarry under this Act shall operate the quarry nearer to the natural edge of the Niagara escarpment than ninety metres measured horizontally.  R.S.O. 1990, c. A.8, s. 72 (2). Determination of natural edge (3) For the purposes of subsection (1) or (2), the natural edge of the Niagara escarpment is the natural edge determined by the Minister.  R.S.O. 1990, c. A.8, s. 72 (3).
73 For the purposes of section 27, if the location of a pit or quarry for which a licence or wayside permit has been issued contravenes a zoning by-law, the licence or permit prevails and the by-law does not apply to the site.  R.S.O. 1990, c. A.8, s. 73.
74 For the purposes of this Act, aggregate that is not removed from the site as aggregate but is used on the site, (a) in the manufacture of cement, concrete blocks, concrete pipes, bricks, asphalt, concrete mix or any other product; or (b) in the construction or maintenance of a structure or road, other than a road constructed primarily for the operation of a pit or quarry, shall be deemed to have been removed from the site.  R.S.O. 1990, c. A.8, s. 74. ______________  Français