Wayside Permit Applications

Wayside permits provide for the extraction of aggregates from private lands in designated areas for short-term public projects of road construction.

A wayside permit can only be issued to a Public Authority (the Crown, a municipality, or a local board) or a person who has a contract with a public authority. The permit is normally issued for the duration of the contract or 18 months, whichever occurs first.

The permit specifies the volume of material required for the public project and expires after the completion of the project or after 18 months, whichever occurs first. Site rehabilitation is required at the completion of extraction.

The Ministry of Transportation (MTO) has been given the authority, by MNR, to issue and administer their own wayside permits for provincial highway projects.

Wayside permit application requirements are set out in Category 15 of the Aggregate Resources of Ontario Provincial Standards (Provincial Standards), including Site Plan Standards, Report Standards, Prescribed Conditions, and Notification and Consultation Standards.

Site Plans

All applications for a wayside permit must have a site plan that is prepared in accordance with Section 1.0 Site Plan Standards under the Provincial Standards. The site plan is the primary tool that controls the operation and rehabilitation of all pits and quarries. The permittee 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 permittee 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 wayside 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 wayside permit applications must include all reports outlined in Section 2.0 Report Standards (i.e. Summary Statement, Technical Reports) under the Provincial Standards.

The Summary Statement must be signed by the author and provides information on the following items:

• 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.
• the agricultural classification of the site;
• estimated cost of the aggregate compared to alternative sources
• alternative sources to supply the aggregate for the project
• haulage routes and truck traffic

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 the Provincial Standards.

All wayside permit applications must include 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 or the local municipality where the site is located. However, reports do not become the property of the crown until the wayside 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. 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 wayside 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 during the application process; 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.
  

Notification and consultation for wayside permit may be carried out up to thirty (30) months in advance of submitting the application in order to facilitate the planning process for road construction/maintenance contracts.

Municipal Zoning

Municipal zoning for aggregate extraction is not required for wayside permits. However, a wayside permit cannot be issued on a site that has been zoned and developed for residential use or zoned as having an area of particular environmental sensitivity.

Environmental Bill of Rights Registry Posting

Wayside permits are not required to be posted on the environmental registry under the Environmental Bill of Rights Act.

Issuance or Refusal

MNR’s decision to issue or refuse to issue a wayside permit is final as there is no opportunity to appeal the decision.

Operational Standards

Once issued, all wayside permits are subject to the “Operational Standards That Apply to Waysides” as listed in the Provincial Standards, unless specifically indicated on the site plan.

Conditions

All new wayside permits are subject to the Prescribed Conditions under the Provincial Standards, as well as any additional conditions that may be required to address concerns raised during the application process.

Areas with additional restrictions for Wayside Permits

• Within the Niagara Escarpment Planning Area, wayside permits are only permitted in the “Escarpment Rural Area” designation, and must meet the Development Criteria 2.11 of the Niagara Escarpment Plan. A wayside permit may only be issued after a development permit is granted by the Niagara Escarpment Commission (NEC).
• No asphalt plants (temporary or permanent) are allowed within the Niagara Escarpment Planning Area, including those used for public authority contracts.
• Within the Oak Ridges Moraine Conservation Plan, wayside permits may not be issued in areas designated as "Core", but may be issued in all other land use designations of the Oak Ridges Moraine Conservation Plan.
• Within the Towns of Caledon and Halton Hills, there is a limitation on the number of wayside permits that can be issued on a site within a given time period.

Other Provincial & Federal Legislation Affecting Aggregate Extraction

The issuance of a wayside 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

The following is a schedule of wayside permit fees under the Aggregate Resources Act:

• Wayside permit  $400, or $0.115/tonne, whichever is greater
• Rehabilitation security $0.08/tonne (does not apply to MTO wayside permits)