The following tables identify situations where decisions or proposals may be appealed:
Hearings under the Aggregate Resources Act
Proposal | When | Who | Tribunal |
Licence Application | There are unresolved objections at the completion of the notification/consultation process | MNR refers the application | Ontario Municipal Board (OMB) |
Appeals under the Aggregate Resources Act
Decision / Proposal | When | Who | Tribunal |
Refusal to issue Licence | There was no OMB hearing during the licence application process | Applicant | Ontario Municipal Board (OMB) |
Change to licence condition or site plan | MNR proposes to require a change in a licence condition or a licence site plan | Licensee | Ontario Municipal Board (OMB) |
Transfer a Licence | MNR proposes to transfer a licence, where the licensee does not agree to the transfer | Licensee | Ontario Municipal Board (OMB) |
Refusal to Transfer Licence | MNR proposes to refuse the transfer of a licence | Applicant and Licensee | Ontario Municipal Board (OMB) |
Revocation of a Licence | A licence is revoked for any reason except for the non-payment of licence fees | Licensee | Ontario Municipal Board (OMB) |
Refusal to issue an Aggregate Permit | The application was for an aggregate permit for private land under water (natural waterbody) | Applicant | Mining and Lands Commissioner (MLC) |
Change to aggregate permit condition or site plan | MNR proposes to require a change in an aggregate permit condition or a site plan | Permittee | Mining and Lands Commissioner (MLC) |
Revocation of an Aggregate Permit | An aggregate permit is revoked for any reason except non-payment of fees or royalties, or non-submission of a production report | Permittee | Mining and Lands Commissioner (MLC) |
Leave to Appeal under the Environmental Bill of Rights
Under the Environmental Bill of Rights, any resident of Ontario may seek permission or "leave" to appeal the decisions outlined in the following table. If leave is granted, then a full appeal can be launched before the appropriate tribunal.
Decision | When | Tribunal |
Issuance of a Licence | There was no OMB hearing during the licence application process | Ontario Municipal Board (OMB) |
Revocation of a Licence | A licence is revoked for any reason except for the non-payment of licence fees | Ontario Municipal Board (OMB) |
Issuance of an Aggregate Permit | The application was for an aggregate permit for private land under water (natural water body) | Mining and Lands Commissioner (MLC) |
For more information on appeals under the Environmental Bill of Rights, visit the Environmental Registry website.
