Aggregate Resources Act - O. Reg. 244/97

Aggregate Resources Act

ontario REGULATION 244/97

Amended to O.Reg. 499/06

GENERAL

Historical version for the period October 26, 2006 to December 31, 2006.

This is the English version of a bilingual regulation.

1.Every licensee and every holder of an aggregate permit shall file with the Aggregate Resources Trust, on or before January 31, an annual production report setting out the quantity of aggregate removed from a site in each month of the previous year. O.Reg. 244/97, s.1.

2.(1)Every licensee shall pay, on or before March 15, an annual fee of,

(a) in the case of a Class A licence, the greater of six cents per tonne for each tonne of aggregate removed from a site during the previous year and $200; and

(b) in the case of a Class B licence, the greater of six cents per tonne for each tonne of aggregate removed from a site during the previous year and $100. O.Reg. 244/97, s.2(1).

(2)Every holder of a wayside permit shall pay, at the time the permit is issued, a fee of six cents per tonne based on the maximum number of tonnes that the permit authorizes and $100, whichever is greater. O.Reg. 244/97, s.2(2).

(3)Every holder of an aggregate permit shall pay, on or before March 15, an annual fee of $100. O.Reg. 244/97, s.2(3).

Note: On January 1, 2007, section 2 is revoked and the following substituted:

2.(1)Every licensee shall pay, on or before March 15, an annual fee of,

(a) in the case of a Class A licence, 11.5 cents per tonne for each tonne of aggregate removed from a site during the previous year or $400, whichever is greater; and

(b) in the case of a Class B licence, 11.5 cents per tonne for each tonne of aggregate removed from a site during the previous year or $200, whichever is greater. O.Reg. 499/06, s.1.

(2)Every holder of a wayside permit shall pay, at the time the permit is issued, a fee of 11.5 cents per tonne based on the maximum number of tonnes that the permit authorizes or $400, whichever is greater. O.Reg. 499/06, s.1.

(3)Every holder of an aggregate permit shall pay, on or before March 15, an annual fee of $200. O.Reg. 499/06, s.1.

See: O.Reg. 499/06, ss.1, 5.

3.The fees payable under subsections 2 (1) and (2) shall be disbursed as follows:

1. Two-thirds to the local municipality in which the site is situated.

2. One-twelfth to the county or to the regional municipality in which the site is situate.

3. One-twelfth to the Aggregate Resources Trust for purposes of rehabilitation and research as described in paragraphs 2 and 3 of subsection 6.1(2) of the Act.

4. The remainder to the Crown. O.Reg. 244/97, s.3; O. Reg. 489/99, s.1.

Note: On January 1, 2007, section 3 is revoked and the following substituted:

3.The fees payable under subsections 2 (1) and (2) shall be disbursed as follows:

1. Twelve-twentythirds to the local municipality in which the site is situated.

2. Three-twentythirds to the county or to the regional municipality in which the site is situated.

3. One-twentythird to the Aggregate Resources Trust for purposes of rehabilitation and research as described in paragraphs 2 and 3 of subsection 6.1 (2) of the Act.

4. The remainder to the Crown. O.Reg. 499/06, s.1.

See: O.Reg. 499/06, ss.1, 5.

4.(1)The minimum royalty for purposes of subsection 46(1) of the Act is 25 cents per tonne. O.Reg. 244/97, s.4(1).

Note: On January 1, 2007, subsection (1) is revoked and the following substituted:

(1)The minimum royalty for purposes of subsection 46(1) of the Act is 50 cents per tonne. O.Reg. 499/06, s.2.

See: O.Reg. 499/06, ss.2, 5.

(2)A permittee or licensee is exempt from paying royalties with respect to aggregate or topsoil that is Crown property and that is supplied by the permittee or licensee for use in projects of the Province of Ontario if the purchase price of the aggregate or topsoil supplied does not include an amount on account of the royalties. O.Reg. 244/97, s.4(2).

(3)A permittee or licensee is exempt from paying royalties with respect to aggregate that is Crown property and that is supplied by the permittee or licensee for use in the construction or maintenance of roads for timber management purposes on land owned by the Crown and open for public use if the purchase price of the aggregate supplied does not include an amount on account of the royalties. O.Reg. 244/97, s.4(3).

5.(1)This section applies only within the Towns of Caledon and Halton Hills. O.Reg. 244/97, s.5(1).

(2)If a wayside permit has been issued under the Act for a site then during,

(a) the four-year period beginning on the day that permit was issued, no more than two additional wayside permits may be issued for the site; and

(b) the ten-year period beginning four years after the day the permit was issued, no wayside permit may be issued for the site or any land adjoining the site. O.Reg. 244/97, s.5(2).

(3)Despite clause (2)(a), a third additional wayside permit may be issued if the Minister consults with the municipality in which the site is located and provides the municipality with the reasons in writing for issuing the permit. O.Reg. 244/97, s.5(3).

(4)A permit issued contrary to subsection (2) is invalid. O.Reg. 244/97, s.5(4).

6.(1)The parts of Ontario set out in Schedule 1 that have been designated under the Pits and Quarries Control Act or a predecessor of it are designated under the Act. O.Reg. 244/97, s.6(1).

(2)The parts of Ontario set out in Schedule 2 are designated under subsection 5(2) of the Act. O.Reg. 244/97, s.6(2).

(3)The parts of Ontario set out in Schedule 3 are designated under subsection 5(2) of the Act. O.Reg. 209/04, s.1.

Note: On January 1, 2007, section 6 is amended by adding the following subsection:

(4)The parts of Ontario set out in Schedule 4 are designated under subsection 5(2) of the Act. O.Reg. 499/06, s.3.

See: O.Reg. 499/06, ss.3, 5.

7.Applications for licences, aggregate permits or wayside permits and the operation of pits and quarries shall be in accordance with “Aggregate Resources of Ontario: Provincial Standards, Version 1.0” published by the Ministry of Natural Resources. O.Reg. 244/97, s.7.

7.1The following materials are not rock for the purpose of the definition of “rock” in subsection 1 (1) of the Act: andalusite, barite, coal, diamond, gypsum, kaolin, lepidolite, magnesite, petalite, phosphate rock, salt, sillimanite and spodumene. O.Reg. 195/00, s.1.

8.Omitted (revokes other Regulations). O.Reg. 244/97, s.8.

Schedule 1

1.Those parts of the Territorial District of Algoma consisting of,

(a) the City of Sault Ste. Marie; and

(b) the Township of Prince.

2.All of the County of Brant.

3.All of the County of Bruce.

4.All of the County of Dufferin.

5.All of The Regional Municipality of Durham.

6.All of the County of Elgin.

7.All of the County of Essex.

8.Those parts of the County of Frontenac consisting of,

(a) the City of Kingston; and

(b) the Townships of Kingston, Pittsburgh and Storrington.

9.All of the County of Grey.

10.All of The Regional Municipality of Haldimand-Norfolk.

11.All of The Regional Municipality of Halton.

12.All of The Regional Municipality of Hamilton-Wentworth.

13.Those parts of the County of Hastings consisting of,

(a) the City of Belleville;

(b) the Separated Town of Trenton;

(d) the villages of Deloro, Frankford, Madoc, Marmora, Stirling and Tweed; and

(e) the townships of Elzevir and Grimsthorpe, Hungerford, Huntingdon, Madoc, Marmora and Lake, Rawdon, Sidney, Thurlow, Tudor and Tyendinaga.

14.All of the County of Huron.

15.All of the County of Kent.

16.All of the County of Lambton.

17.All of the County of Lanark.

18.The United Counties of Leeds and Grenville.

19.Those parts of the Territorial District of Manitoulin consisting of,

(a) Great LaCloche Island; and

(b) Little LaCloche Island.

20.All of The Municipality of Metropolitan Toronto.

21.All of the County of Middlesex.

22.All of The Regional Municipality of Niagara.

23.All of the County of Northumberland.

24.All of The Regional Municipality of Ottawa-Carleton.

25.All of the County of Oxford.

26.All of The Regional Municipality of Peel.

27.All of the County of Perth.

28.Those parts of the County of Peterborough consisting of,

(a) the City of Peterborough;

(b) the villages of Havelock, Lakefield, Millbrook and Norwood; and

(c) the Townships of Asphodel, Belmont, Cavan, Douro, Dummer, Ennismore, Harvey, North Monaghan, Otonabee, Smith and South Monaghan.

29.The United Counties of Prescott and Russell.

30.All of the County of Prince Edward.

31.All of the County of Simcoe.

32.The United Counties of Stormont, Dundas and Glengarry.

33.All of The Regional Municipality of Sudbury.

34.Those parts of the Territorial District of Sudbury consisting of the geographic townships of Dill, Dryden and Trill.

35.All of the County of Victoria, except the townships of Dalton, Laxton, Digby and Longford and Somerville.

36.All of the County of Wellington.

37.All of The Regional Municipality of Waterloo.

38.All of The Regional Municipality of York.

O.Reg. 244/97, Sched.1.

Schedule 2

1.Those parts of the County of Frontenac consisting of the townships of Bedford, Howe Island, Loughborough, Portland and Wolfe Island.

2.Those parts of the County of Lennox and Addington consisting of,

(a) the Town of Napanee;

(b) the villages of Bath and Newburgh; and

(c) the townships of Adolphustown, Amherst Island, Camden East, Ernestown, North Fredericksburgh, Richmond and South Fredericksburgh.

3.Those parts of the County of Renfrew consisting of,

(a) the City of Pembroke;

(b) the towns of Arnprior and Renfrew;

(d) the Township of Alice and Fraser, the Township of Bagot and Blythfield, and the townships of Admaston, Bromley, Horton, McNab, Pembroke, Petawawa, Ross, Stafford and Westmeath.

4.Those parts of the County of Victoria consisting of the Township of Laxton, Digby and Longford and the townships of Dalton and Somerville.

5.Those parts of the Territorial District of Algoma consisting of,

(a) the village of Hilton Beach;

(b) the townships of Hilton, Jocelyn, Johnson, Laird, Macdonald, Meredith and Aberdeen Additional, St. Joseph, Tarbutt and Tarbutt Additional; and

(c) the geographical townships of Anderson, Archibald, Chesley Additional, Dennis, Deroche, Duncan, Fenwick, Fisher, Gaudette, Havilland, Herrick, Hodgins, Jarvis, Kars, Kehoe, Ley, Pennefather, Aweres, Shields, Tilley, Tupper and VanKoughnet.

6.Those parts of the Territorial District of Sudbury consisting of,

(a) the townships of Hagar and Nairn; and

(b) the geographical townships of Appleby, Awrey, Baldwin, Burwash, Cartier, Cascaden, Casimir, Cleland, Cosby, Curtin, Delamere, Dunnet, Eden, Foster, Foy, Gough, Hallam, Harrow, Harty, Hawley, Hendrie, Henry, Hess, Hoskin, Hyman, Jennings, Laura, Loughrin, May, McKinnon, Merritt, Mongowin, Ratter, Secord, Servos, Shakespeare, Street and Tilton.

O.Reg. 244/97, Sched.2; O.Reg. 535/97, s.1; O. Reg. 530/99, s. 1.

Schedule 3

1.Those parts of the Territorial District of Algoma consisting of,

(a) the Township of Michipicoten; and

(b) the geographical townships of Andre, Bostwick, Franchere, Groseilliers, Legarde, Levesque, Macaskill, Menzies, Musquash, Rabazo, St. Germain and Warpula.

O.Reg. 209/04, s.2.

Note: On January 1, 2007, the Regulation is amended by adding the following Schedule:

Schedule 4

1.Those parts of the County of Frontenac consisting of the townships of Central Frontenac and North Frontenac.

2.Those parts of the County of Renfrew consisting of,

(a) the Township of Bonnechere Valley, the Township of Brudenell, Lyndoch and Raglan, the Township of Head, Clara and Maria, the Township of Killaloe, Hagarty and Richards, the Township of Madawaska Valley and the Township of North Algona Wilberforce;

(b) the Township of Greater Madawaska, except the townships of Bagot and Blythfield; and

3.Those parts of the County of Lennox and Addington consisting of,

(a) the Township of Addington Highlands; and

(b) the Township of Stone Mills, except the Township of Camden East.

4.Those parts of the County of Hastings consisting of,

(a) the Town of Bancroft;

(b) the townships of Carlow/Mayo, Faraday, Limerick and Wollaston;

(d) the Township of Tudor and Cashel, except the Township of Tudor.

5.Those parts of the County of Peterborough consisting of,

(a) the Township of Galway-Cavendish-Harvey, except the Township of Harvey;

(b) the Township of Havelock-Belmont-Methuen, except the Township of Belmont and the Town of Havelock; and

6.All of the County of Haliburton.

7.Those parts of the Territorial District of Nipissing consisting of,

(a) the Town of Mattawa;

(b) the City of North Bay;

(d) the townships of Bonfield, Calvin, Chisholm, East Ferris, Mattawan, Papineau-Cameron and South Algonquin; and

(e) the geographical townships of Airy, Anglin, Antoine, Ballantyne, Barron, Biggar, Bishop, Blyth, Boulter, Bower, Boyd, Bronson, Butler, Butt, Canisbay, Charlton, Clancy, Clarkson, Commanda, Deacon, Devine, Dickson, Eddy, Edgar, Finlayson, Fitzgerald, French, Freswick, Garrow, Gladman, Guthrie, Hammell, Hunter, Jocko, Lauder, Lyman, Lister, Lockhart, Master, McCraney, McLaughlin, McLaren, Merrick, Mulock, Niven, Notman, Olrig, Osborne, Osler, Paxton, Peck, Pentland, Phelps, Poitras, Preston, Sproule, Stewart, Stratton, Thistle, White and Wilkes.

8.All parts of the Territorial District of Parry Sound consisting of,

(a) the townships of Armour, Carling, Joly, Machar, McKellar, McMurrich/Monteith, Nipissing, Perry, Ryerson, Seguin, Strong and The Archipelago;

(b) the municipalities of Powassan, Magnetawan, McDougall, Callander and Whitestone;

(d) the villages of Burk’s Falls, South River and Sundridge; and

(e) the geographical townships of Bethune, Blair, Brown, East Mills, Gurd, Hardy, Harrison, Henvey, Laurier, Lount, McConkey, Mowat, Patterson, Pringle, Proudfoot, Shawanaga, Wallbridge and Wilson.

9.All parts of the Territorial District of Muskoka consisting of,

(a) the towns of Bracebridge, Gravenhurst and Huntsville;

(b) the townships of Georgian Bay, Lake of Bays and Muskoka Lakes; and

10.Those parts of the Territorial District of Sudbury consisting of,

(a) the Municipality of French River, except the geographical townships of Cosby, Delamere and Hoskin;

(b) the Township of Sables-Spanish River, except the geographical townships of Gough, Hallam, Harrow, May, McKinnon and Shakespeare;