Aggregate Permit Applications

Aggregate permits are required to remove aggregate from crown lands, or on lands under water. This requirement is province-wide and is not limited to designated areas. 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;
• to excavate aggregate or topsoil that is the property of the crown from private land in a part of Ontario that is not designated;
• to 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 (i.e. gold); or
• 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 5 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 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. However, site plans do not become the property of the crown until the permit is issued, therefore, the MNR cannot produce copies for interested parties without the written consent of the applicant or their agent.

Technical Reports

All aggregate permit 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:

• the agricultural classification of 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.

During the application process, the reports are public information and can be viewed by any interested party at the local MNR office. However, reports do not become the property of the crown until the permit 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 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; and
• At the completion of the notification and consultation period, submit a package* to MNR outlining all of the concerns, how the applicant attempted to resolve the concerns, and whether there are any concerns that they were not able to resolve.

*This package must be submitted within 6 months of the start of the notification/consultation period, or the application is considered withdrawn.

Zoning

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 (MMAH) for their comments.

Municipal zoning does not apply to crown land, however, before crown land is developed, MNR consults with affected municipal councils and planning boards and takes into consideration existing official plans and policies.

Environmental Bill of Rights Registry Posting

Aggregate permit applications are not required to be posted on the environmental registry under the Environmental Bill of Rights.

Environmental Assessment Act

The issuance of an aggregate permit must be screened and evaluated in accordance with MNR’s Class Environmental Assessment (EA) for MNR Resource Stewardship and Facility Development Projects.

Issuance or Refusal

Where MNR’s decision is to issue an aggregate permit there is no opportunity to appeal the decision.

Where MNR’s decision is to refuse an aggregate permit for aggregate or topsoil that is the property of the crown, or is located on crown land, there is no opportunity to appeal the decision.

Where MNR refuses to issue an aggregate permit for privately-owned aggregate from land under a natural water body, the applicant can appeal the decision to the Mining and Lands Commissioner.

MTO’s First Right of Refusal

On crown land, there are areas identified where the Ministry of Transportation (MTO) has First-Right-of-Refusal to the aggregate for provincial road projects. Applicants should check with the MTO prior to preparing an application for an aggregate permit to ensure that the area is not under First-Right-of-Refusal.

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 indicated by 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 & Federal Legislation Affecting Aggregate Extraction

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. Aggregate operations may also require additional information or approvals under other legislation, both during the application stage and throughout 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 affecting aggregate extraction.

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 Min. 50 cents/tonne