Anyone wishing to remove aggregate or topsoil from Crown lands, or from lands under water, must obtain an aggregate permit. This requirement applies to all Crown land province-wide. A royalty, in an amount determined by the Minister, is paid by the permittee to the province for each tonne of material removed.
Specifically, an aggregate permit is required to:
- excavate aggregate or topsoil on Crown land
- excavate aggregate or topsoil that is the property of the Crown from private land in a part of Ontario that is not designated under the act
- excavate private or Crown-owned aggregate from land under natural water bodies
- remove aggregate that has resulted from previous mineral extraction from a placer deposit, such as gold
- remove stockpiled aggregate or topsoil that was previously extracted under an aggregate permit.
Applications for aggregate permits must meet the requirements of the Aggregate Resources of Ontario Provincial Standards. Each application category includes Site Plan Standards, Report Standards, Prescribed Conditions, and Notification and Consultation Standards. There are five categories of aggregate permit applications:
- Category 9: Pit extraction above the water table
- Category 10: Pit extraction below the water table
- Category 11: Quarry extraction above the water table
- Category 12: Quarry extraction below the water table
- Category 13: Pit extraction from land under natural water bodies.
Site Plans
All applications for an aggregate permit 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.
The site plan is the primary tool that controls the operation and rehabilitation of all pits and quarries. The permittee is legally bound to operate and rehabilitate the site in accordance with the site plan.
In general, site plans must identify:
- existing features of the pit or quarry area, including existing natural features and how the site and the land surrounding it are being used
- operation details, including the area to be extracted, the depth of extraction, the types of equipment to be used and the hours of operation
- how the site will be rehabilitated, including details of both progressive rehabilitation carried out while the pit or quarry is still operating, and final rehabilitation.
Technical Reports
All aggregate permit applications must include all reports outlined in Section 2.0 Report Standards, including a Summary Statement and Technical Reports, for the category being applied for under the Provincial Standards.
The Summary Statement must be signed by the author. It provides information on the following, depending on the category of application:
- the agricultural classification of the site, and/or
- for a pit or quarry that will not include extraction below the water table, information that demonstrates that extraction will stay at least 1.5 m above the water table for a pit or 2.0 m above the water table for a quarry. This portion of the summary statement must be verified by a professional geoscientist.
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, unless the site is remote or isolated and meets specific separation distances from coldwater streams, water wells and sensitive receptors.
Notification and Consultation
The notification and consultation process is outlined within the Provincial Standards and is the same for all aggregate permit 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 permit must:
- provide written notice of the application to adjacent landowners
- circulate the application package to agencies identified in the Provincial Standards
- attempt to resolve all concerns
- at the completion of the notification and consultation period, submit a package* to the Ministry of Natural Resources summarizing the notification and consultation activities.
*This package must be submitted within six months of the date that the Ministry of Natural Resources accepted the application as complete, or the application is considered withdrawn. The ministry may approve an extension to the six-month period.
Zoning
Municipal zoning does not apply to Crown land. However, before Crown land is developed, the Ministry of Natural Resources consults with affected municipal councils and planning boards and takes into consideration existing official plans and policies.
In areas without municipal organization, the Minister of Municipal Affairs and Housing may enact Minister's zoning orders. In areas subject to a Minister’s zoning order, applications are circulated to the Ministry of Municipal Affairs and Housing for comment.
Posting on the Environmental Registry
Aggregate permit applications are not required to be posted on Ontario's Environmental Registry.
Environmental Assessment Act
Before the Ministry of Natural Resources issues an aggregate permit, the application must be screened and evaluated in accordance with the Class Environmental Assessment for Ministry of Natural Resources Resource Stewardship and Facility Development Projects.
Issuance or Refusal
A decision by the Ministry of Natural Resources to issue or refuse an aggregate permit for Crown-owned aggregate or topsoil cannot be appealed.
When the ministry refuses to issue an aggregate permit for the extraction of privately owned aggregate from land under a natural water body, the applicant can appeal the decision to the Mining and Lands Commissioner.
Ministry of Transportation’s First Right of Refusal
Some Crown lands have been identified as areas where the Ministry of Transportation has First Right of Refusal to the aggregate for provincial road projects. Applicants should check with the Ministry of Transportation before preparing an application for an aggregate permit to ensure the ministry does not have First Right of Refusal in the area.
Operational Standards
Once issued, all aggregate permits are subject to the Operational Standards That Apply to Aggregate Permits as listed in the Provincial Standards, unless specifically varied on the site plan.
Conditions
All new permits 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.
Other Provincial and Federal Legislation Affecting Aggregate Extraction
The issuance of a permit under the Aggregate Resources Act does not relieve the individual or company from meeting the requirements of other agencies and applicable legislation. Aggregate operations may also require additional information or approvals under other legislation, both during the application stage and throughout the life of the operation. Examples of other legislation include the Endangered Species Act, the Ontario Water Resources Act and the Environmental Protection Act.
Fees and Royalties
The following is a schedule of aggregate permit fees and royalties under the Aggregate Resources Act:
- Aggregate permit application: $500
- Aggregate permit annual fee: $200
- Transfer an aggregate permit: $300
- Royalty: A minimum of 50 cents/tonne
Service Standards for Aggregate Permits on Crown land
- The Ministry of Natural Resources will acknowledge receipt of an application, and confirm whether the application requirements have been met, within 15 calendar days of receipt.
- If the ministry has concerns with a completed aggregate permit application, it will provide written comments to the applicant within 20 calendar days of the start of the notification period. Note: The ministry may take longer to provide comments to the applicant if consultation is required under the Class Environmental Assessment for Ministry of Natural Resources Resource Stewardship and Facility Development Projects.
- The ministry will decide whether it will issue an aggregate permit within 20 calendar days of receiving the consultation package from the applicant.
- The ministry will communicate its decision within a reasonable time after a decision is made.
- Information regarding the status of an application is available from the local Ministry of Natural Resources Aggregate Inspector.