Enforcement

One of the many roles of an aggregate inspector is ensuring the aggregate industry complies with the Aggregate Resources Act, the regulations, the site plan, and the conditions of the licence or permit.

 

Aggregate inspectors have a range of tools that can be used in response to non-compliance situations found on aggregate operations. These include notices of inspection, rehabilitation orders, suspension notices and, in the most severe cases, revocations.

 

When the situation warrants consideration of charges under the Aggregate Resources Act, Ministry of Natural Resources conservation officers are brought in to take the lead on the investigation and any subsequent laying of charges. Charges are generally considered for serious or repeat offences, but are also used for situations where there is no remedial action that can be ordered to fix the non-compliance, such as exceeding an annual tonnage limit. The chart below illustrates the types of charges laid in the last five years and the amount of fines levied through the courts.

 

 

CONVICTIONS UNDER THE AGGREGATE RESOURCES ACT AND ITS REGULATIONS, 2006-2010

 

YEAR TOTAL # OF FINES INFRACTION AMOUNT FINED
2010   Operating a Pit without a Permit $2,000.00
2010   Operating a Pit in an Unorganized Area $1,000.00
2010   Not Following Conditions $8,000.00
2010   Operating Unlicensed Aggregate Site $2,000.00
2010   Depositing material on Crown Land $1,000.00
2010   Illegal Aggregate Extraction - operating pit without a permit $500.00
2010   Operating a Pit While Under Suspension $20,000.00
  7 2010 Totals $34,500.00
2009   Operating a Pit without a Licence $49,000.00
2009   Contravening Licenced Aggregate Pit Site Plan $10,000.00
2009   Excessive Production $10,000.00
2009   Fail to Follow Site Plan/Violating Work Permit $15,000.00
2009   Fail to Follow a Site Plan $1,000.00
2009   Fail to Submit Annual Compliance Assessment Report (2007 & 2008) and Fail to Submit 2007 Production Report $2,250.00
2009   Violating Conditions of a Licence $30,000.00
2009 2 Operating a Quarry Without a Licence $26,000.00
2009   Operating While Suspended $2,500.00
2009   Illegal Aggregate Pits and Road Construction $8,500.00
2009   Falsifying a Compliance Assessment Report $750.00
  12 2009 Totals $155,000.00
2008   Obstructing inspectors $3,000.00
2008 3 Illegal Pit $5,000.00
2008   Operating While Suspended $10,000.00
2008   Exceed tonnage limit $20,000.00
2008   Operating a Pit Without a Licence $16,650.00
2008   Violating Conditions of a Licence $15,500.00
  8 2008 Totals $70,150.00
2007   Exceed Tonnage Limit $5,000.00
2007   Operating While Suspended $10,000.00
2007   Not Complying With Permit Conditions $2,000.00
2007   Section 2(3) of the Aggregate Resources Act $600.00
2007 3 Operating a Pit Without a Licence $13,000.00
2007   Illegal Pit $1,250.00
  8 2007 Totals $31,850.00
2006   Illegal Quarry $1,000.00
2006 8 Illegal Pit $29,550.00
2006   Failure to Submit Compliance Assessment Report $400.00
2006 2 Tonnage Violation $11,100.00
2006 2 Removal Sand From Setback $8,500.00
2006   Exceed tonnage limit $20,000.00
2006   Section (1) of the Aggregate Resources Act $600.00
2006   Exceed Tonnage Limit $2,871.00
2006   Section 2(1)(a) of the Aggregate Resources Act $700.00
2006   Excavate Below Depth in Site Plan $20,000.00
2006   Exceed Tonnage Limit $3,000.00
2006   Illegal Extraction of Wayside Material $6,727.00
2006   Operating During Mandatory Shutdown $14,000.00
  22 2006 Totals $118,448.00