Provincial and Federal Legislation Affecting Aggregate Resource Extraction

Legislation

Jurisdiction

Purpose

Effect on Aggregate Extraction Activities

Conservation Authorities Act

Provincial

To establish a program to conserve, restore, develop and manage watersheds

• Restricts alterations to rivers, streams, and creeks through the Lakes and Rivers Improvement Act, administrated by the Conservation Authority

Endangered Species Act

Provincial

Provide for the conservation, protection, restoration and propagation of species of fauna and flora that are threatened with extinction

• Forty-two species are listed in regulation under the Act.  The species and habitat are protected from wilful harm or destruction.
• Some examples are (e.g. Loggerhead Shrike, Blue Racer Snake, Bald Eagle, Prickly Pear Cactus, American Ginseng)

Environmental Assessment Act

Provincial

To provide for the protection, conservation and wise management of Ontario’s environment

• Crown aggregate dispositions are reviewed subject to MNR’s Class EA for Resource Stewardship and Facility Development Projects
• Proposals for aggregate extraction on private land must be designated by regulation

Environmental Bill of Rights

Provincial

To protect and restore the natural environment and to protect people's right to a healthy environment

• Requires posting of licensed aggregate extraction proposals and decisions on Ontario Environmental Bill of Rights Registry for at least 30 days

Environmental Protection Act

Provincial

To provide for the protection and conservation of the natural environment

• Dust emissions must meet the standards as set out in Regulations
• Noise is considered a contaminant and should meet the requirements under the Municipal Noise Control By-law
• Regulates crushers, asphalt plants, concrete-batching plants, screeners, drilling and blasting etc

Fisheries Act

Federal

The proper management and control of the fisheries, the conservation and protection of fish and the protection of fish habitat, and the prevention of pollution

• Where fish habitat is identified, requires review by Department of Fisheries and Oceans or Conservation Authority.

Greenbelt Act

Provincial

• Maximum allowable disturbed must be maintained and in the Natural Heritage System, enhanced rehabilitation is required

Migratory Birds Convention Act

Federal

Protection of migratory birds and nests

• Ensures that habitat sites are not disturbed or destroyed during nesting periods (e.g. Swallows, Great Blue Herons)

Mining Act

Provincial

To encourage prospecting, staking and exploration for the development of mineral resources

• Prospectors can stake mining claims and bring the property to lease under the Mining Act
• Minerals other than aggregate, require a closure plan under the Mining Act for extraction to occur

Niagara Escarpment Planning & Development Act

Provincial

Provide for the maintenance of the Niagara Escarpment as a continuous natural environment

• Strict planning approvals in place
• Also designated as a "World Biosphere Reserve" by UNESCO

Oak Ridges Moraine Conservation Act, 2001

Provincial

To protect the ecological and hydrogeological integrity of the Oak Ridges Moraine area

• Restricts development of sand and gravel operation in certain areas
• Ensures strict adherence to rehabilitation standards
• No below water extraction can take place on new sites in the Natural Linkage Area

Occupational Health and Safety Act

Provincial

Identifies the responsibilities of owners, constructors, employers and employees in all matters of health and safety

• Requires protection for inadvertent access to a pit or quarry
• Regulates the maximum vertical heights of pit & quarry faces
• Regulates the storage of explosives and magazines containers
• Provides for worker safety around equipment

Ontario Water Resources Act

Provincial

To provide for the protection of water supplies

• Aggregate operations require permits to take water and discharge water off site

Planning Act

Provincial

Provides for land use planning

• Must have regard to provincial policy statements issued under this Act
• Licences under the Aggregate Resources Act cannot be issued unless the location of the site complies with the local zoning by-law

Public Transportation and Highway Improvement Act

Provincial

Placing structures or buildings adjacent to a Class 1 highway

• Regulates the approval of entrances and exits to a pit or quarry site adjacent to provincial highways through a permit process

Species at Risk Act

Federal

To protect and manage wildlife species at risk

• No person can destroy and endangered and threatened species or there habitat

Technical Standards and Safety Act, 2000

Provincial

To enhance public safety by providing for efficient and flexible administration of technical standards

• Regulates placement of fuel storage tanks and fuel handling in aggregate sites