Subject: Internal Procedure No.: New: Ministry of Natural Resources Ministère des Richesses naturelles Licence Applications: New Properties A.R. 2.01.02 Yes Compiled by Branch: Section: Date Issued: Lands & Waters Aggregate & Petroleum Resources March 15, 2006 Internal Procedure A. Preparation and Pre-consultation Step 1 Step 2 Ensure that section 71 of the Aggregate Resources Act (ARA) does not apply (i.e. in newly designated areas where the two-year period for an established pit or quarry has expired). Advise the applicant that the licence application process is proponent-driven. Emphasize that it is the applicant's responsibility to determine who should be contacted and to liase with any appropriate agencies, including municipalities, MNR, Niagara Escarpment Commission (NEC), Conservation Authority (CA), federal Department of Fisheries and Oceans (DFO), Ministry of the Environment (MOE) and Ministry of Culture (MCL). Any applications that identify "fish habitat" on site or within 120 metres of the site must be processed in accordance with "The Fish Habitat Referral Process in Ontario" (see Appendix F). Advise the applicant that either DFO or the CA will assess fish habitat, depending on the CA's negotiated level of agreement with DFO and the potential adverse impacts of the proposal. Upon request, the applicant must provide another copy of the application package to the CA/MNR, if circulation to DFO is required. If there is no CA or the CA does not have a negotiated agreement with DFO, then MNR/CA must direct the applicant to circulate the application to DFO for their review and comment. Ensure that the applicant understands the submission requirements, in accordance with the Aggregate Resources of Ontario Provincial Standards (Provincial Standards) (i.e. site plan, summary statement, and technical reports), based on the nature of the undertaking (i.e. category 1-8). MNR will provide a copy or direct the applicant where to obtain a copy (e.g. web-site address) of the following documentation: Licence Application form, sign specifications and wording guidelines, Form 1 - Notice of Application, and Form 2 - Notice of Public Information. The applicant will provide all other required information as outlined in the specific category under application. Step 3 Advise the applicant that approvals or information may be required under other legislation (e.g. Planning Act, Niagara Escarpment Planning and Development Act (NEPDA), Oak Ridges Moraine Conservation Act (ORMCA), Greenbelt Act, Ontario Water Resources Act (OWRA), Environmental Protection Act (EPA), Conservation Authorities Act). The applicant may need to make application under the Planning Act for any necessary zoning and/or official plan amendments. The Minister cannot Internal Procedure A.R. 2.01.02 Page 1 of 16
issue a licence without the proper zoning in place. The process under the Planning Act and the application process under the ARA can occur concurrently. Licence applications situated within the Oak Ridges Moraine area are subject to the ORMCA and the policies of the Oak Ridges Moraine Conservation Plan (ORMCP). The Plan divides the moraine into four land designations: Natural Core Areas, Natural Linkage Areas, Countryside Areas and Settlement Areas. No new aggregate extraction is permitted within the Natural Core Areas. In all other land designations, new aggregate operations must meet stringent review and approval standards (e.g. natural heritage evaluation, hydrogeological evaluation). Extraction within 1.5 metres of the water table is not permitted within the Natural Linkage Areas. The applicant may be required to provide additional information to meet the requirements of the ORMCP (see A.R. 5.00.00). The Greenbelt Plan identifies a number of specific requirements for aggregate operations occurring within the plan area. The Greenbelt Plan Area is governed by the Plan, which includes lands within the Niagara Escarpment Plan Area, the Oak Ridges Moraine Area, the Parkway Belt West Plan Area, and lands designated as Protected Countryside by this Plan (see A.R. 5.00.02). In the case where the application is situated within the Niagara Escarpment Plan (NEP) Area and an amendment to the NEP plan is required, advise the applicant to initiate the amendment application process to avoid any unnecessary delays. Typically, an amendment to the NEP is taking between 2 and 3 years to approve. By adopting this approach, it allows for a joint/concurrent hearing should there be objections under these processes. B. Submission/Compliance Step 4 Upon receipt of the application package, date stamp the application and the site plan and check that all appropriate documents are submitted (i.e. complete and attach to the file a copy of the Licence Application Checklist see Appendix E): a) Application form (duly signed & executed by an authorized person); b) Licence application fee (see A.R. 8.00.02). The amount and receipt number should be recorded on the checklist; c) Two copies of the site plan: i) For a Class A licence, the site plan must be prepared under the direction of and certified by a Professional Engineer, Ontario Land Surveyor, Landscape Architect or any other qualified person approved, in writing, by the Minister (see A.R. 2.00.01) and signed by the applicant; ii) The site plan that is submitted for a Class A licence must be presented in at least three separate drawings, providing information on: Existing Features, Operations, Progressive Rehabilitation, Final Rehabilitation and Cross- Sections at a scale between 1:1000 and 1:5000; and iii) For a Class B licence, the site plan may be prepared by the applicant or any other person and signed by the applicant. Internal Procedure A.R. 2.01.02 Page 2 of 16
d) Two copies of each report as required under Section 2.0 of the Provincial Standards (including summary statement and all applicable technical reports); e) Proof that the applicant has the right to extract by ownership (copy of deed), lease, or extraction agreement; f) If a company / corporation, proof verifying the legal company name (i.e. Articles of Incorporation / Articles of Amalgamation / Corporate Profile); and g) Information as to the current land designation and the status of any proposed zoning and official plan amendment, if required. Step 5 Determine whether the application meets the requirements of the ARA, and the regulations (i.e. Provincial Standards). This review is solely to assess whether the information requirements have been met. MNR's concerns with regard to any potential impacts, if any, are to be addressed during the notification and consultation phase (i.e. 45-day commenting period) of the application process. MNR has 20 days to determine whether the application is complete. This period commences upon receipt of the application by MNR. The Aggregate Inspector should inspect the site to ensure that the site plan accurately reflects the site conditions, provided that the review can be undertaken within the 20-day period. The Aggregate Inspector must ensure that: a) All items under Section 1.0 Site Plan Standards are addressed (office review); b) All items under Section 2.0 Report Standards (i.e. summary statement and technical reports) are addressed (see A.R. 2.01.05 through 2.01.09); c) All reports must state the qualifications and experience of the individual(s) that have prepared the report(s); and d) If a company, the application form is signed by a person legally authorized to sign on behalf of the company. Step 6 Step 7 If the application is deemed to be incomplete (i.e. MNR has 20 days to make this determination), the Aggregate Inspector should return the application package (except the fee) to the applicant, along with a letter explaining the application deficiencies. Upon re-submission of the application, return to Step 4. MNR then has a 20-day review period for the re-submission. If the application package is deemed to be complete, enter the application information into the Aggregate Licence and Permit System (ALPS) and print a profile (ALPS # will be assigned at this time) for the file. Internal Procedure A.R. 2.01.02 Page 3 of 16
C. Notification/Consultation Step 8 Once the application has been deemed to be complete, the Aggregate Inspector must prepare a letter directing the applicant to proceed to the notification and consultation phase, as outlined in Section 4.0 of the Provincial Standards, for the specific category(s) under application. If the applicant is required to circulate the application to MOE, the letter must also advise the applicant to attach this letter to MOE s circulation package. MOE may not review application packages or reports if MNR s letter advising the applicant to proceed with notification/consultation is not attached. The public has an opportunity to comment during the 45-day notification and consultation period, which commences from the date it appears in the local newspaper (e.g. published in newspaper May 1 (i.e. Day 1) - last day for objections June 14). If Day 45 falls on a Saturday, Sunday or holiday as defined by the Interpretation Act, the period must be extended until the next business/working day. In accordance with Section 4.0 Notification and Consultation Standards of the Provincial Standards, the applicant must provide concurrent public notices as follows: Publish the Form 1 - Notice of Application and Form 2 - Notice of Public Information Session concurrently, in one issue of a local newspaper. Newspaper as defined by the Interpretation Act, "a printed publication in sheet form, intended for general circulation, published regularly at intervals not longer than a week, consisting in great part of news of current events of general interest and sold to the public and to regular subscribers." Consequently, a free weekly community newspaper would not meet this requirement. In designated French language areas, the notice, including landowner circulation, must be published in both official languages (see A.R. 5.00.21). Instruct the applicant to advise the Aggregate Inspector, prior to publishing the notice, the date that the notice will be placed in the newspaper and the last day of the 45-day notification period. The sign must be placed, prior to, or on the same day that the notice appears in the paper, on the boundary of the site to be clearly seen from adjoining areas to which the public has access. Where the boundary of the site may not be observed from an area accessible to the public, the Aggregate Inspector may authorize the sign to be placed in an appropriate location (e.g. public access point for off-site haul route). Deliver personally or by registered mail a notice, which must include a copy of Forms 1 & 2, to all landowners within 120 metres from the proposed licence boundaries, prior to the notice appearing in the paper. Internal Procedure A.R. 2.01.02 Page 4 of 16
All registered mail is deemed served on the fifth day after the day of mailing. If notice is delivered by personal service then a signature by a person of legal age (i.e. age 16 or over) should be obtained confirming service or an affidavit documenting any refusal to sign. The applicant must host a public information session in the locality of the proposed site within the 45-day notification period. Timing of the session must be at least 20 days after notice was published in the newspaper and 10 days prior to the closing of the 45-day notification period. The Aggregate Inspector should instruct the applicant to maintain a sign-in sheet to document session attendees. Furthermore, the Aggregate Inspector is not required to attend these information sessions and should not attend unless special circumstances require their attendance/participation. The applicant must also circulate, on or before the date of publication of the Form 1 in the newspaper, a complete application package, including Form 2, to all specified agencies, including MNR, for comment. All information in respect to this application, including written objections and the names and addresses of any objector(s), is available for public review for the purpose of this application under the ARA. In submitting a written objection, an objector consents under the Freedom of Information and Protection of Privacy Act (FIPPA), to its disclosure for purposes of the application. The public may be provided with a copy of any objection letters and comments received from the circulated agencies. During the application process, the site plans and technical reports are public information and can be viewed by any interested party at the local MNR office or the local municipality where the site is located. However, site plans and technical reports do not become the property of the Crown until the licence is issued, therefore, the MNR cannot produce copies for interested parties without the written consent of the applicant or their agent. Any request by the public for a copy of the site plan or technical reports should be directed to the applicant. The applicant is not obligated to provide any additional copies. Any person wishing to view the application should be encouraged to make an appointment to ensure that staff is available to provide the information and answer questions with respect to the application process. Step 9 Step 10 Obtain confirmation (i.e. newspaper clipping) from the applicant, as to the actual date the notice was placed in the newspaper and the last day of the 45-day notification period for comment. Upon verifying that the notice was published and the 45-day period and information session dates are correct, the Aggregate Inspector must prepare a "Proposal Notice" to be posted on the Environmental Registry in accordance with the Environmental Bill of Rights (EBR). The Aggregate Inspector completes the template and forwards it to the EBR Operator for posting (see A.R. 5.00.16). Internal Procedure A.R. 2.01.02 Page 5 of 16
The posting date on the Environmental Registry should correspond as close as possible to the commencement of the 45-day notification period and notice must be placed a minimum of 30 days on the environmental registry. The EBR posting period and the ARA notification/consultation period should run concurrently. Step 11 Step 12 Step 13 Once MNR receives the application, assigned staff (e.g. Aggregate Inspector, District Planner) will circulate the application package via an Internal Office Comment Sheet for comment by appropriate program staff. This is MNR's opportunity to comment on the application with respect to potential impacts on any related mandated programs. If MNR has any concerns with respect to any aspect of the application, they must comment/object within the 45-day period similar to any other circulated agency. MNR staff (e.g. Forester, Aggregate Inspector, Biologist) should conduct a site inspection, if deemed appropriate and necessary, to review the site plan and technical reports in order to provide comments as one of the commenting agencies. The Aggregate Inspector should inspect the site to ensure that the site plan accurately depicts the site conditions and to verify that the sign requirements have been met, if an inspection was not undertaken during the initial review period. The inspection by MNR staff may result in discussion with the applicant regarding information in the reports to address MNR concerns. Any person or agency objecting to the application must provide written notice, including the reasons for the objection, to both the applicant and the District Manager of MNR in which the site is located, within the 45-day objection period. The applicant and the MNR should compare objection letters after the 45-day objection period is finished to ensure that all objections were received by both parties. To determine the validity of any objections received in the mail after the 45-day period, review the postmark date on the envelope to verify that the posted date is within the 45-day notification period. If the postmark date is within the period, the objection is considered valid; otherwise, it is not deemed an objection. Step 14 If no objections are received during the notification period, the applicant may submit documentation of notification and consultation to MNR. This documentation may include tear sheets, picture(s) of erected sign, newspaper clippings, public information session documents, and proof of circulation to landowners within 120 m, stakeholder contacts and agencies. Proof of service may consist of registered mail receipts, affidavits or documents with signatures. The information should be presented to MNR as a package, and the applicant, or the consultant acting on their behalf, should be encouraged to place the information in an indexed binder/report. The application will then be processed in accordance with subsection 11(9) of the ARA. Proceed to Section E. - Decision Process. Step 15 If objections are received during the notification period, MNR will provide the applicant with a copy of the "Notice of Objector Response" form (see Appendix E). The letter should include a statement with respect to any outstanding objection issue(s) and a final response date for the objector. An objector s response must be in Internal Procedure A.R. 2.01.02 Page 6 of 16
writing and served either by personal delivery or by registered mail. Furthermore, the objector should indicate in their response letter whether they are satisfied with the applicant s attempt to resolve the issues. The objector should also provide their recommendations to resolve the objection or simply state that their concerns have not been addressed and they wish to continue with their objection(s) as they stand. MNR is not obligated to acknowledge any objection letters received. Date stamp the objection letter and attach the letter along with the envelope (postmark and address) to the file. For contact purposes a petition or list of people expressing a concern/comment is to be considered as a single comment letter. Unless otherwise indicated on the petition, the first name on the petition is the contact person. D. Resolution of Objections Step 16 The applicant must attempt to resolve any objection(s) as per Section 4.3 of the Provincial Standards. Pursuant to Section 4.3.2.2 of the Provincial Standards, the objector must confirm any objection withdrawals, in writing. If MNR receives any withdrawal letters, the Aggregate Inspector must date stamp the withdrawal letters and forward a copy to the applicant. The letters, along with the envelopes, should be attached to the file. Step 17 If all of the objections are resolved, the applicant must submit to MNR, documentation of landowner and stakeholder contacts and agency circulation, objection letters and all objection withdrawal letters. This information should be presented to MNR as a package, and the applicant or the consultant acting on their behalf should be encouraged to provide the information in an indexed binder/report. The application will then be processed in accordance with subsection 11(9) of the ARA. Proceed to Section E. - Decision Process. Step 18 If the objections are not resolved, the applicant must submit to MNR and the remaining objectors, by written notice, delivered personally or by registered mail, the following information as per Section 4.3.3 of the Provincial Standards: a) List of unresolved objections; b) Documentation of attempts to resolve objections; c) Applicant s recommendations for resolving objections, if any; and d) Notice of 20-day response period for objectors. Each objector should receive a list of their own unresolved objections. A summary of all the unresolved objections must be provided to MNR. The applicant must also submit to MNR, documentation of landowner and stakeholder contacts and agency circulation, objection letters and any objection withdrawal letters. This information should be presented to MNR as a package, and Internal Procedure A.R. 2.01.02 Page 7 of 16
the applicant or the consultant acting on their behalf should be encouraged to provide the information in an indexed binder/report. The Aggregate Inspector should ensure that a copy of any objection letters and/or objection withdrawals received by MNR, and any documentation provided by the applicant pursuant to Section 4.3.3 of the Provincial Standards, is placed on file. Step 19 Objectors must respond, in writing, to the applicant and MNR within 20 days of receiving the notice under Section 4.3.3 of the Provincial Standards. The objector may either restate their objection and reasons thereof, or list their recommendations for resolution, if any, or it will be deemed there is no longer an objection. An objector should provide recommendations to resolve their concerns in their response letter. The Aggregate Inspector should place a copy on file of any objector response letters received by MNR. Proceed to Section E - Decision Process. Step 20 If the applicant does not submit the required notification and consultation documentation to MNR within 2 years of the public notification (i.e. start of the 45-day commenting period), then the application is considered withdrawn and all documentation will be returned. The Aggregate Inspector shall prepare a letter to the applicant explaining that the 2- year period has lapsed and that their application is deemed withdrawn. MNR's copies of the application (e.g. application form, site plan and accompanying reports) should accompany this letter. The municipalities and any circulated agencies should be copied on the letter. Step 21 Step 22 The Aggregate Inspector must prepare a "Decision Notice" to be posted on the environmental registry in accordance with the EBR. The Aggregate Inspector completes the template and forwards it to the EBR Operator for posting (see A.R. 5.00.16). If the application is deemed withdrawn, the Aggregate Inspector must contact the Aggregate & Petroleum Resources Section to remove the application from the ALPS database. E. Decision Process Step 23 Upon receiving the applicant's notification and consultation documentation, the Aggregate Inspector should review the information to determine whether the requirements were met. In particular, confirmation that all required parties/agencies were circulated, objections were withdrawn (i.e. a copy of all withdrawal letters), all objectors received notice under Section 4.3.3 of the Provincial Standards and a reasonable attempt was made by the applicant to resolve any outstanding objection(s). MNR should compare the list of objectors, provided by the applicant, with the objection letters received by MNR to determine whether all objectors received notice. If information is missing, all objectors were not notified and/or the applicant failed to demonstrate that they made a reasonable effort to resolve the objector(s) concerns, the Aggregate Inspector must advise the applicant that MNR will not proceed until Internal Procedure A.R. 2.01.02 Page 8 of 16
such time as the information is provided, notification has been completed, and/or they demonstrate a reasonable effort has been made. In these cases, the 30-day period for MNR to make a recommendation would not commence. It is the responsibility of the applicant to provide this information to MNR. Step 24 Once MNR (i.e. Aggregate Inspector) receives all information pursuant to Section 4.3.4 of the Provincial Standards, MNR has 30 days to either refer the application to the Ontario Municipal Board (OMB) for a hearing (pursuant to subsection 11(5)) or make a recommendation to the Minister (pursuant to subsection 11(9)) to issue or refuse to issue the licence. The District/Area office must determine whether a matter (i.e. unresolved objection) is sufficient to warrant an OMB hearing. The Aggregate Inspector should examine any outstanding objection(s) and evaluate whether the matters are addressed by the Prescribed Condition(s) or other legislation. Under the ARA process, any objection based on need will be scoped out of the referral. Similarly, any objections addressed by a Prescribed Condition or other legislation can be scoped out. MNR may direct the OMB to determine only those issues specified in the referral. Step 25 MNR should contact the applicant and request written confirmation as to the status of any necessary zoning and/or official plan amendments under the Planning Act or other required approvals (e.g. NEP amendment or development permit). Where a decision has not been made with regards to the zoning, and the zoning has not been referred to the OMB during the ARA application process, the Aggregate Inspector should hold onto the application until the zoning has been referred to the Board.. If the zoning by-law has been appealed to the OMB during the ARA application process, the Aggregate Inspector must advise the OMB that a concurrent hearing is required. If objections have also been received to a development permit or NEP amendment application under the Planning Act or by the Niagara Escarpment Commission, then a concurrent (if Planning Act matter) or consolidated (if NEP matter) hearing may be requested by the applicant. Section 6 of the Niagara Escarpment Planning and Development Act (NEPDA) sets out the broad legal requirements (i.e. criteria) regarding how plan amendments are addressed. The amendment must be justified (i.e. consistent with the NEPDA, the Niagara Escarpment Plan (NEP)). The MNR and the NEC have developed a protocol for dealing with plan amendments for mineral resource extraction. A Joint Board under the Consolidated Hearings Act will consider all relevant information in the various statutes and provincial policies, including the submissions of all parties to the hearing, to make a decision whether to approve or deny the proposal and under what, if any, conditions. This decision is considered final unless the decision is appealed to Cabinet, in which case Cabinet makes the final decision. The Aggregate Inspector should direct the applicant to the Office of the Consolidated Hearings Board to obtain information on their adjudicative process. Internal Procedure A.R. 2.01.02 Page 9 of 16
No Referral to Board Step 26 If there are no outstanding objections or the objections have been completely scoped-out under the ARA, the Aggregate Inspector must complete and attach to the file the checklist form "Section 12 - Matters to be Considered by the Minister (see Appendix E). The application must be reviewed with reference to section 12 (a-k) of the Act (see policy A.R. 2.01.10). A statement should be made as to whether the district believes that all matters under section 12 have been addressed. Other than the mandatory factors for refusal to issue a licence (e.g. improper zoning under subsection 12.1(1)), a refusal to issue a licence must be based on one or more of the factors listed in section 12. If the zoning by-law amendment under the Planning Act has not been formally approved, the Aggregate Inspector should prepare a letter to the applicant, under the District Manager s signature, advising the applicant that MNR is prepared to recommend to the Minister the issuance of the licence upon confirmation of approval of the zoning by-law. Step 27 If the recommendation to the Minister is to "Issue the Licence", proceed to Section F. Step 28 If the recommendation to the Minister is for "Refusal to Issue", the Aggregate Inspector/appropriate MNR staff (e.g. District Planner) must prepare a letter for the Minister's signature detailing the reasons for the refusal (pursuant to subsection 11(10)). A Minister s Explanatory Note to Accompany Documents for Signing should accompany the letter. The letter should indicate that the applicant is entitled to an OMB hearing provided the applicant serves notice on the Minister, within 30 days from receipt of notice, that a hearing is required. Step 29 Step 30 Step 31 The Aggregate Inspector must prepare a "Decision Notice" to be posted on the environmental registry in accordance with the EBR. The Aggregate Inspector completes the template and forwards it to the EBR operator for posting. Notice should coincide with the notice to the applicant. Please note that this decision is subject to a 3rd party appeal under the EBR (see A.R. 2.07.01). If MNR receives a hearing request, within the 30-day period, MNR must refer the matter to the OMB within 30 days of receipt of the notice from the applicant. If a hearing is scheduled, the OMB will specify the parties (ARA/EBR) to the hearing. The OMB may direct the Minister to refuse to issue a licence or issue the licence subject to Prescribed Conditions and may recommend additional conditions. The Aggregate Inspector must advise the Environmental Commissioner of Ontario (ECO) of the appeal under the ARA and the ECO will update the "Decision Notice" on the environmental registry in accordance with the EBR (see A.R. 5.00.16). The ECO will also update the Decision Notice once the OMB has directed the Minister to either issue or refuse to issue the licence. Internal Procedure A.R. 2.01.02 Page 10 of 16
Referral to Board Step 32 Where a matter is sufficient to warrant an OMB hearing under the ARA, staff from the District / Area office (e.g. Aggregate Inspector, District Planner) must prepare a letter, under the District Manager's signature, to the Chairman of the OMB and attach all outstanding letters of objection and a copy of the application package. This letter may direct the OMB to only determine those issues specified in the letter (i.e. scoped matters). The applicant, or the consultant acting on their behalf, should be copied on the letter to the OMB. Requests pertaining to the scheduling of hearing dates, OMB procedures and related matters should be directed to the OMB. Note: MNR has only 30 days to refer the application to the OMB for a hearing. If objections have also been received under the Planning Act, or by the NEC to a development permit or NEP amendment application, then a concurrent (if Planning Act matter) or consolidated (if NEP matter) hearing should also be sought. The Board may then consider the referral under the ARA and the related appeal under the Planning Act at the same hearing. The Aggregate Inspector should direct the applicant to the Office of the Consolidated Hearings Board to obtain information on their adjudicative process. Step 33 Prior to scheduling a full hearing, the OMB may schedule a pre-hearing conference or mediation meeting in an attempt to resolve any outstanding objectors concerns, rule on the validity of any objections, scope the issues, identify witnesses, determine the parties and/or set a hearing date. The Aggregate Inspector and any appropriate MNR staff should attend the hearing and may assist in any mediation discussions. In general, a mediation meeting is only held with the parties and does not include the general public. An OMB member leads the discussion and if no agreement was reached, the matter would be heard again in front of a different OMB member at a hearing. Step 34 Step 35 Upon receiving notice from the OMB of a scheduled mediation meeting/pre-hearing conference/hearing date and location, the Aggregate Inspector must update the "Proposal Notice" template and forward it to the EBR Operator for posting on the environmental registry (see A.R. 5.00.16) In considering whether a licence should be issued or refused, the OMB is required by the ARA to consider section 12 (see A.R. 2.01.10). The OMB may hold a hearing and direct the Minister to refuse to issue the licence, or direct the Minister to issue the licence, subject to the Prescribed Conditions and any other conditions recommended by the Board. The OMB may refuse to consider an objection and, without holding a hearing, direct the Minister to issue the licence subject to the Prescribed Conditions if the objection was not made in good faith, is frivolous or vexatious, or is made only for the purpose of delay. Note: MNR cannot determine whether an objection is frivolous or vexatious. Internal Procedure A.R. 2.01.02 Page 11 of 16
Step 36 The Aggregate Inspector should only attend the OMB hearing where there is a referral under the ARA and then only to attend for such time as is absolutely necessary. The Aggregate Inspector should request to be excused from the hearing until such time as needed by the OMB. The role of the Aggregate Inspector is to be impartial on the application, take notes of the proceedings and to provide technical interpretation/clarification of the ARA and the regulations (e.g. Provincial Standards). The Aggregate Inspector should not attend an OMB hearing solely for the purpose of the Planning Act unless required to under subpoena. The District Planner should speak to any evidence with respect to the Provincial Policy Statement, pursuant to section 3 of the Planning Act. The applicant is responsible for explaining all aspects of the application, including the site plan, and information, recommendations and conclusions contained within the summary report and technical reports. If MNR is an objector, it is the role of the District Planner and appropriate MNR program staff (e.g. Forester, Biologist) to provide testimony with respect to MNR's concerns with the application. When an application has been referred to the OMB, the final decision to issue or refuse to issue the licence is the OMB. Should the applicant decide to withdraw his/her application after the referral has been made, the applicant must submit a written request to the District Manager. The Aggregate Inspector must prepare a "Decision Notice" and forward it to the EBR operator for posting on the environmental registry. If the applicant is able to satisfy an objector's concerns after the referral has been made, the objector must submit a written request to withdraw their objection to the District Manager. The district staff (e.g. District Planner, Aggregate Inspector) then prepares a letter, under the District Manager s signature, to the OMB Chairman requesting either the cancellation of the hearing or the withdrawal of the objection letter, as applicable. Step 37 Upon receipt of the OMB report via the Minister's office, the District/Area office will consider the report and recommendations of the OMB on behalf of the Minister. Note: The decision of the OMB is final. The OMB may direct the Minister to issue the licence subject to the Prescribed Conditions and any additional conditions recommended by the OMB. The Minister may refuse to add other conditions recommended by the OMB if of the opinion the condition is not consistent with the purposes of the Act (see A.R. 2.00.03). Proceed to Section F. The OMB may also direct the Minister to refuse to issue the licence. The Aggregate Inspector/appropriate MNR staff (e.g. District Planner) must prepare a letter for the Minister's signature detailing the reasons for the refusal (pursuant to subsection 11(8), clause (2)). An Explanatory Note to Accompany Documents for Signing should accompany the letter. Internal Procedure A.R. 2.01.02 Page 12 of 16
The ECO will update the Decision Notice decision not subject to 3 rd party/applicant appeal under the EBR. Step 38 If the application is denied, the Aggregate Inspector must contact the Aggregate & Petroleum Resources Section, to remove the application from the ALPS database. F. Preparation and Issuance of the Licence Note: A licence cannot be issued in contravention of any relevant zoning by-law. There must be proof of proper zoning on file (i.e. whether a zoning by-law amendment was approved or a development permit issued within the NEC plan area) prior to forwarding the licence to the Minister for signature. Step 39 If the decision is to issue the licence, the Aggregate Inspector must enter any change in information into ALPS (e.g. reduction in licence area) and print two original licences for the Minister's approval, signature and date. The licence should be printed from the Apply For status in ALPS and the status will not be changed to Issue until the signed copy of the licence is returned from the Minister s office. Attach the Prescribed Conditions for the appropriate application category(s) as per the Provincial Standards, as a Schedule A. Any additional conditions that may have been imposed as a condition of issuance (e.g. resulting from an OMB or NEC hearing) must be distinguished from the Prescribed Conditions and attached as a separate Schedule B. Print a new licence profile from ALPS and place it on the file. At the top of each schedule, indicate the ALPS licence ID number, and application category(s) of the proposal. Note: Prescribed Conditions cannot be rescinded or varied by either the OMB or the Minister. There are several sources for other conditions: (See A.R. 2.00.03) Conditions may be placed on the licence/site plan as a result of internal review within MNR to address the concerns of other MNR programs (e.g. fish and wildlife); Conditions may be derived from comments received from municipalities (local/ county/regional), other agencies/ministries (e.g. MOE, OMAF), utility corporations, other stakeholders (e.g. Conservation Authority) and the public, based upon their review of the application. It is important to carefully consider the comments of all parties; and Recommendations on conditions for the licence/site plan may be contained in an OMB report directing the Minister to issue the licence when there has been a hearing under subsections 11(5) or 11(7). These conditions should be reviewed and where necessary, applied to the site plan/licence. If the conditions recommended by the OMB are pertaining to 3 rd party agreements or off-site activities, clearly outside the mandate of the ARA (e.g. speed limits, tarping trucks), they should be omitted and the District/Area office should so advise the Internal Procedure A.R. 2.01.02 Page 13 of 16
Minister. If there is uncertainty, the matter should be discussed with Legal Services/Aggregate & Petroleum Resources Section. Ensure that the property description is accurate, including the original geographic township and newly amalgamated municipal name, and if a company, only the exact legal name as it appears on the legal document should be placed on the licence. Note: Recommendations and/or monitoring programs identified in the technical reports accompanying the application, if any, must be fully stated (i.e. not referencing the report) on the site plan and be worded in such a manner as to be enforceable. Step 40 The Aggregate Inspector must prepare an Explanatory Note to Accompany Documents for Signing, to accompany the two original copies of the licence for signing by the Minister and then forward the package to the District Manager and Deputy Minister for approval. The Explanatory Note should include the following information: a) Under Title - the fact that this is a new licence, ALPS licence identification number, licensee name, proposed location (e.g. lot, concession, geographic township and county/regional municipality); b) Under Source of Legal Authority to Sign - a statement that The ARA requires Minister s approval on new licences. Reference subsection 11(9) if no hearing was convened or subsection 11(8) clause (1) or (3) if a hearing was convened; c) Under Background/Explanation of Document Development - outline the results of the notification and consultation process including: whether objections were received/scoped; explanation if objections were received but no hearing was held (e.g. objection(s) addressed by Prescribed Conditions); whether a hearing was held and the results of the hearing (i.e. OMB s direction/recommendation); any other relevant information; and the statement that all legal obligations under the ARA have been met including municipal zoning requirements and Provincial Standards requirements for the application category of this licence ; d) Under Return Signed Documents To - Aggregate Inspector s name and District/Area office address; e) Under Contact District Manager s name, District and telephone number; and f) Under Approvals provide space for District Manager s and Deputy Minister s signature and date. Step 41 Step 42 Step 43 MNR should contact the applicant and/or their consultant to ensure that all required revisions have been made to the site plan, and to obtain any necessary copies of the final plan. When the signed licences are returned to the District/Area office, the Aggregate Inspector must change the status of the licence to Issue in ALPS, entering the date that the Minister signed the licence in both the Effective Date and Issue Date fields. The Aggregate Inspector will make photocopies as required, and retain one original copy for the district file. The other original copy of the licence will be forwarded to the licensee for their records, along with an accompanying letter. Internal Procedure A.R. 2.01.02 Page 14 of 16
The letter should contain the following information: a) that the licensee must comply with the ARA, the regulations (including the Provincial Standards), the site plan and all licence conditions; b) indicate what the licence fee will be; c) indicate that the Ontario Aggregate Resources Corporation (TOARC) is responsible for the collection of production reports and the annual fee; d) that the licensee must keep detailed records of sales and shipment of aggregate material that is removed from the site in any calendar year. Production must be recorded on a monthly basis and reported annually to the Ontario Aggregate Resources Corporation (TOARC) by January 31 of each year, for the previous year s production; e) a copy of the Production Reporting Handbook; f) that the licensee must submit a Compliance Assessment Report (CAR) annually by no later than Sept. 30 of each year; and g) attachments: licence and Schedule(s), Blank CAR, Copy of Aggregate licensees Guide to the Completion of the Compliance Assessment Report, if a new licensee. Step 44 The Aggregate Inspector will distribute copies to the following agencies: a) The Aggregate and Petroleum Resources Section receives a copy of the licence, and the accompanying "Explanatory Note To Accompany Documents For Signing ; b) The Ontario Aggregate Resources Corporation (TOARC) receives a copy of the licence, the licence profile generated from ALPS and the transmittal letter; c) District/Area office retains an original copy of the licence, the site plan, and the transmittal letter; d) Local municipality receives a copy of the licence, the site plan, and the transmittal letter; e) County/Regional municipality receives a copy of the licence, the site plan, and the transmittal letter; f) Ministry of Northern Development and Mines receives a copy of the transmittal letter, if applicable; g) Ministry of Transportation receives a copy of the transmittal letter; h) Ministry of Labour receives a copy of the transmittal letter - indicate land ownership if possible; i) Ministry of the Environment receives a copy of the transmittal letter; j) NEC receives a copy of the licence and transmittal letter, if applicable; k) The local Conservation Authority receives a copy of the transmittal letter, if applicable; l) The Department of Fisheries and Oceans receives a copy of the transmittal letter, if applicable; and Internal Procedure A.R. 2.01.02 Page 15 of 16
m) Ministry of Agriculture and Food receives a copy of the licence and the transmittal letter, if applicable; Step 45 If no hearing was convened, the Aggregate Inspector must prepare a "Decision Notice" and forward it to the EBR operator for posting on the environmental registry. Where no OMB hearing is held, the decision is subject to 3 rd party appeal process under the EBR (see A.R. 2.07.01) If a hearing was convened, the ECO will update the Decision Notice once the Board has directed the Minister to either issue or refuse to issue the licence. Step 46 A copy of the licence and any additional documentation (i.e. site location) necessary to enter the licence boundary into the Natural Resources Values Inventory System (NRVIS) must be provided to the District GIS person. Internal Procedure A.R. 2.01.02 Page 16 of 16