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Hearings and Appeals

 


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

Ontario Municipal Board (OMB)

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.