The Importance of Having Legal Counsel for your Aggregate Extraction Licence Posted onSeptember 29, 2020April 3, 2024/ Devry Smith Frank LLP Aggregate (sand, gravel, stone) extraction is one of the most controversial and heavily regulated industries in Ontario. Necessary to build infrastructure in the province, it is often misunderstood and underappreciated. The industry is governed by a complicated web of legislation and policies: the Aggregate Resources Act (the “ARA”), the Ontario Water Resources Act, the Environmental Protection Act, the Endangered Species Act, the Federal Fisheries Act, the Planning Act, the Provincial Policy Statement and, in some cases, the Growth Plan. It is further subject to a complex set of rules and procedures. Licensing Approval Process An operator cannot operate a pit or quarry without first securing a licence from the Minister of Natural Resources and Forestry (the “Ministry”). The terms and conditions of the licence will depend on a number of factors, including whether the extraction is above or below the water table, whether the extraction is on private or public land and how much aggregate is proposed to be extracted. There are 15 categories of licences. The process of obtaining a licence can take years and involves a process of comprehensive consultation with the local community and, where applicable, First Nations. It generally requires the production, and peer review, of environmental, noise, traffic, dust and water reports. Applications for local planning permissions (official plan and zoning by-law amendments) are often required. It engages a number of agencies, including municipalities, the Ministry and Conservation Authorities. A crucial part of the process is the negotiation of the terms of the site plan which sets out the requirements under which the pit or quarry will operate, outline what must be done to mitigate potential adverse impacts and what must be done to rehabilitate the site once the extraction process has finished. It may also be necessary to enter into agreements with the local municipality are often required as a condition of achieving a licence or planning permission. Often an application will need to be considered by the Local Planning Appeal Tribunal, a court-like body that will hear evidence, consider objections to a licence and decide whether it should be issued. Factors which determine if a licence will be issued The general factors to be considered in issuing a licence are listed under s. 12 of the ARA. These factors, designed to protect the public interest, are broad and subject to considerable interpretation. As a result, it is important to engage a lawyer early on to help guide the application successfully through the process. As an example of a successful intervention, DSF lawyers were at the forefront of seeking amendments to the ARA to prohibit municipalities from demanding fees from aggregate operators to pay for road maintenance and repairs. This has resulted in significant cost savings for existing and future clients. The Importance of Experience DSF Lawyers in Aggregate Approvals A successful licence application requires a keen understanding of the applicable law, sound planning and solid execution. Our experienced lawyers at DSF are ready to help you. David White is a leading lawyer in the area, having had notable success in securing licences and planning approvals for a wide variety of extraction proposals, including those which faced strong municipal and local opposition. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” Related Posts Posted onSeptember 10, 2020April 15, 2024/ Lawrence Hansen Indigenous Consultation and the Aggregate Licensing Process The duty to consult and to accommodate indigenous peoples can arise at any time in the aggregate licensing process. The failure to properly address the duty will not only cost time and money, but it will also damage relationships with indigenous communities, lead to a rejected licence application or the loss of an already-issued licence [...] Read more Posted onAugust 10, 2020July 5, 2023/ David S. White and Lawrence Hansen Ontario Stone, Sand & Gravel Association Expresses Support For Aggregate Approval Process The Ontario Stone, Sand & Gravel Association (“OSSGA”) has recently written to the Honourable Doug Ford, premier of Ontario, to state that the Premier should not interfere in the licensing and approval process for pits and quarries in the Province [1]. OSSGA did so in response to alarming comments made by the premier about preventing, at [...] Read more