Licence Applications

A licence from MNR is required to operate a pit or quarry on private land in a designated area of Ontario. There are two types of licences. A Class “A” Licence is required where more than 20,000 tonnes of material are to be extracted each year. A Class “B” Licence is required where 20,000 tonnes or less are to be extracted annually.

Applications for a Class “A” or Class “B” licence must meet the requirements of the Aggregate Resources of Ontario Provincial Standards (Provincial Standards). Each application category includes Site Plan Standards, Report Standards, Prescribed Conditions, and Notification and Consultation Standards.

There are 8 categories of licence applications:

Site Plans

All applications for a licence must have a site plan that is prepared in accordance with Section 1.0 Site Plan Standards (for the category being applied for under the Provincial Standards).

For Class ‘A’ licence applications, the site plans must be prepared and certified by:

• a professional engineer who is a member of the Association of Professional Engineers of Ontario;
• a land surveyor who is a member of the Association of Ontario Land Surveyors;
• a landscape architect who is a member of the Ontario Association of Landscape Architects; or
• other qualified persons approved by the Manager of the Aggregate and Petroleum Resources Section.
  

Site plans for a Class ‘B’ licence may be prepared by the applicant or any other person, but must meet all the requirements of the Provincial Standards, Section 1.0 Site Plan Standards.

The site plan is the primary tool that controls the operation and rehabilitation of all pits and quarries. The licensee or permittee is legally bound to operate and rehabilitate their site in accordance with the site plan.

The purpose of a site plan is to accurately describe the existing conditions of the site and surrounding area prior to licensing, how the site will be operated during the term of the licence, and how the site will be rehabilitated. Every licensee must operate and rehabilitate their pit or quarry as shown on the site plan.

In general, site plans must identify:

• existing features of the pit or quarry area (e.g. existing natural features and land use on and surrounding the site);
• operation details (e.g. the area to be extracted, the depth of extraction, the types of equipment to be used, the hours of operation); and
• how the site will be rehabilitated, including details on both progressive and final rehabilitation.

During the application process, the site plans are public information and can be viewed by any interested party at the local MNR office or the local municipality where the site is located. However, site plans do not become the property of the Crown until the licence is issued, therefore, the MNR cannot produce copies for interested parties without the written consent of the applicant or their agent.

Technical Reports

All licence applications must include all reports outlined in Section 2.0 Report Standards (i.e. Summary Statement, Technical Reports) for the category being applied for under the Provincial Standards.

The Summary Statement must be signed by the author and provides information on one or more of the following items, depending on the category under application:

• planning and land use considerations;
• agricultural classification of the site;
• quality and quantity of aggregate on site;
• haulage routes and truck traffic;
• progressive and final rehabilitation plans for the site; and
• for pits and quarries that do not plan to extract below the water table, information that demonstrates that extraction will stay at least 1.5m above the water table for a pit or 2.0m above the water table for a quarry.

All Technical Reports must be prepared by a person with appropriate training and/or expertise. Details regarding the content of Technical Reports are laid out in each category of the Provincial Standards.

All categories of application require Natural Environment Reports and Cultural Heritage Resource Reports. Hydrogeological Reports are required if the extraction is below the water table. Based on how far away the nearest residence is or Blast Design Reports (quarries only) or Noise Assessment Reports may be required.

During the application process, the reports are public information and can be viewed by any interested party at the local MNR office or the local municipality where the site is located. However, reports do not become the property of the Crown until the licence is issued, therefore, the MNR cannot produce copies for interested parties without the written consent of the applicant or their agent.

Notification and Consultation

The notification and consultation process is outlined within the Provincial Standards and is the same for all licence applications regardless of the category of application. The process is proponent-driven, meaning that the applicant is responsible for carrying out all notification and consultation steps and resolving concerns.

As a part of the process, each applicant for a licence must:

• hold an information session for the public;
• provide written notice of the application to adjacent landowners, along with the details of the public information session;
• advertise the application in the local newspaper;
• advertise the date, time and place of the public information session in the local newspaper;
• post a sign on the property indicating that a licence application has been submitted for the site and outlining the details of the public information session;
• circulate the application package to agencies identified in the Provincial Standards, along with notification of the public information session;
• attempt to resolve all objections filed during the application process; and
• at the completion of the notification and consultation period, submit a package* to MNR outlining all of the objections, how the applicant attempted to resolve the objections, and whether there are any objections that they were not able to resolve.

*This package must be submitted within 2 years of the start of the notification/consultation period, or the application is considered withdrawn.

Municipal Zoning

Municipalities have the prime responsibility for land use planning under the Planning Act. Municipalities determine the appropriateness of a proposed land use through the review and approval of applications to amend their land use controls (i.e. official plans, zoning by-laws) under a process established by the Planning Act. A new pit or quarry, or expansion of an existing operation usually requires amendments to the municipal official plan and/or zoning by-law.

No licence can be issued if a zoning by-law prohibits the site from being used for the operation of a pit or quarry. The applicant must provide proof of proper zoning during the application process before the licence is sent to the Minister for signing.

The processing of the applications for amendments under the Planning Act can be ongoing while a licence application under the Aggregate Resources Act is being processed.

Environmental Bill of Rights Registry Posting

The Ministry of Natural Resources (MNR) is required to post new licence applications on the environmental registry under the Environmental Bill of Rights for a minimum of 30 days. This posting provides the public and/or the municipality with an additional opportunity to comment on the proposal.

Public Participation

Licence applications are advertised to the public, at the start of the 45-day notification period, through newspaper notices in the local paper and the placement of a sign on the property under application. These notices will advise the public of the date, time and location of the public open house.

Any member of the public may attend the open house, where the applicant is required to present and explain all of the details of the proposed operation.

Any member of the public may also provide comments or objections to the applicant and MNR prior to the closing of the 45 day notification period. If a member of the public files an objection letter with the applicant and MNR during this period, the applicant must try to resolve all of the issues raised that cannot be resolved by the applicant, the application may be referred to the Ontario Municipal Board for a hearing. Objectors have an opportunity to attend the hearing and raise their concerns before the Board.

The public also has the opportunity to comment on licence applications through the Environmental Bill of Rights (EBR), which establishes a formal framework for notifying the public about proposed legislation, policies, regulations and other legal instruments that could have a significant effect on the environment and then considering the public's input before the government makes a final decision.

Issuance or Refusal

If the application is not referred to the Ontario Municipal Board (OMB) for a hearing, the Minister may decide, whether to issue or refuse to issue the licence. Consideration for issuance/refusal must be based on matters under subsection 12(1) of the Act. Refusal to issue by the Minister is appealable, by the applicant, to the OMB. This decision may also be subject to a 3rd party appeal under the Environmental Bill of Rights Act.

If the application is referred to the OMB for a hearing, the OMB may direct the Minister to issue the licence or refuse to issue the licence. The OMB, in considering the issuance/refusal, must have regard to the matters under subsection 12(1) of the Act.

Operational Standards

Once issued, all licences are subject to the “Operational Standards That Apply To Licences” as listed in the Provincial Standards, unless specifically varied by the site plan.

Conditions

All new licences are subject to the Prescribed Conditions specific to the category being applied for under the Provincial Standards, as well as any additional conditions that may be required to address concerns raised during the application process.

Requirements of other legislation

The issuance of a licence or permit under the Aggregate Resources Act does not relieve the individual or company from meeting the requirements of other agencies and applicable legislation. While the Act specifically regulates pits and quarries, other legislation may apply both during an application and during the life of the operation (e.g. Planning Act, Niagara Escarpment Planning and Development Act, Greenbelt Act, Oak Ridges Moraine Conservation Act, Ontario Water Resources Act, Environmental Protection Act). Click here to see a list of other legislation that may require the applicant to provide additional information or obtain additional approvals.

Established Operations in Newly Designated Areas

When a new area in the Province of Ontario is designated by regulation, there is an expectation that operations that have historically been carried out in the area will be allowed to continue. Therefore, the Aggregate Resources Act provides for some variation in the application process for these sites.

In this situation all existing established pits and quarries have six (6) months in which to apply for a licence under the Act, if they wish to continue operating their pit or quarry. To be considered established, they must demonstrate to the Ministry of Natural Resources that they have been an established pit or quarry within the last two years (i.e. they have removed a substantial amount of aggregate from the site within the last two years). Where the operation is on lands leased under the Mining Act, the lands must have been under lease throughout the two-year period prior to designation.

If the site is within an organized municipality that has an approved zoning by-law, the aggregate operation must conform to the zoning by-law before a licence can be issued, or the site must have a legal non-conforming status that predates the by-law.

Operators of established pits and quarries that apply for a licence within the first 6 months of designation are required to prepare a site plan in accordance with the appropriate category in the Provincial Standards.

Where the operator does not apply for a licence within the first six months, they must cease operations at the end of the six-month period, and cannot operate the pit or quarry until the Minister of Natural Resources has issued a licence. The licence application must include a site plan in accordance with the appropriate category in the Provincial Standards and technical reports may be required.

All applications for established sites in newly designated areas that submitted within 2 years of the date of designation are exempt from the notification and consultation process and the application appeal process to the Ontario Municipal Board (OMB). Applications that are submitted after the two year anniversary of the date of designation must follow the standard application process outlined in the Provincial Standards.

Fees

The licence fee of 11-1/2 cents per tonne removed from the site is distributed as follows: the Crown receives 3-1/2 cents, the local municipality 6 cents, the county/regional municipality 1-1/2 cent, the abandoned pits and quarries fund 1/2 cent.

The Ontario Aggregate Resources Corporation (TOARC), as trustee for the Aggregate Resources Trust, is responsible for collecting and disbursing the annual licence fee.

A portion of the annual licence fee is disbursed to the local municipalities and county/regional municipalities on March 15 th and September 15 th each year.

The following is a schedule of licence application/amendment fees under the Aggregate Resources Act: