Subject: Internal Procedure No.: New: Ministry of Natural Resources Ministère des Richesses naturelles Licence Applications: Newly Designated Area (first 6 months) A.R. 2.01.01a Yes Compiled by Branch: Section: Date Issued: Lands & Waters Aggregate & Petroleum Resources March 15, 2006 Internal Procedure Note: This procedure deals only with applications received in the first six months following designation (see A.R. 2.01.01b for applications received after the first six months). Step 1 Upon receipt of an inquiry regarding the Aggregate Resources Act (ARA) and designation, the individual should be given a copy of the application requirements and the checklist for newly designated areas (see attached). The person should be informed that if they apply during the first six months after designation, they can continue to operate and the Minister must issue a licence within the 12 month period following designation. Should they not apply, they must shut down at the end of the first six month period. They should also be informed that that site plans will be required (by demand letter) within six months of their application, unless otherwise approved. Step 2 Upon receipt of an application form, the form should be date stamped and a meeting arranged to ensure that the property is an "established pit or quarry" (section 1 of the Act). The applicant should be advised of any outstanding submission requirements to complete their application. However, it may be advisable for the applicant to wait until after the site visit to prepare the site sketch (see attached sample sketch) and confirm the need for production information. In the case of land under a mining lease, a copy of the lease must be submitted to confirm that it has been in place for two years prior to designation. The applicant should also be advised to supply documentation from the municipality as to compliance with the zoning by-law or prove legal nonconforming use. Note: Advise the applicant that other legislation requirements might affect their proposed operation and the site plan requirements. All provisions of the Act and the regulations (i.e. Operational Standards) relating to the operations (e.g. setbacks, fencing, sloping, rehabilitation) will apply to the site unless specifically varied on the site plan or interim sketch. Step 3 Conduct a preliminary site inspection with the applicant as soon as feasible, in order to confirm that the site is established. If there is doubt as to the site being an established pit or quarry, the applicant should be notified that they are required to submit documentation supporting their application (e.g. sales receipts and/or affidavits). The applicant should have prepared their sketch prior to the field meeting and the Aggregate Inspector should confirm the property dimensions and description at this time. If the sketch has not been prepared, the operator should again be advised that it is required before the end of the six month period. The sketch is to be signed by the applicant, confirming the information shown, regardless of who prepares the sketch. The Aggregate Inspector should take this opportunity to further Internal Procedure A.R. 2.01.01a Page 1 of 9
explain the requirements of the ARA to the applicant, such as: submission of site plan; compliance assessment report; production report; licence fee; Prescribed Conditions; operating standards; and rehabilitation requirements. Note: The Act provides for the issuance of a licence if an application is made within the first six months without the submission of the required site plan. This could cause some difficulty in regulating the site. Therefore, where possible, site plans for applications within the first six months should be submitted and approved prior to the issuance of the licence by the end of the first 12 months. If the licence is issued prior to the approval of the site plan, the sketch submitted with the application should be appended to the licence. A condition will be placed on a separate schedule to the licence indicating that the sketch reflects the extent of the licenced area and that the condition expires upon the approval of the site plans submitted in accordance with section 8 of the ARA. The sketch should also indicate the type and class of licence and application category of the operation. Step 4 Verify that all items for a complete application have been received prior to the end of the first six months after designation and that the application has been date stamped: a) Application form; b) Licence Application fee; c) Copies of the site plan or sketch. Where formal site plans are submitted, two copies are required. The number of copies of the sketch will vary based on circulation. Where formal site plans are not submitted, the Aggregate Inspector should issue the demand notice required under subsection 71(6) of the ARA as soon as the application is received and the site is confirmed as being an established pit or quarry. Hopefully, this will allow the issuance of the licence with an approved site plan in place. Formal submission of the site plans will be completed in accordance with subsection 71(6) and the Aggregate Resources of Ontario Provincial Standards: i) For a Class A licence, the site plan must be prepared under the direction of and certified by a member of the Association of Professional Engineers of Ontario, the Association of Ontario Land Surveyors, the Ontario Association of Landscape Architects, or any other qualified person approved by the Minister and signed by that person (see A.R. 2.00.01), as well as the applicant; and ii) For a Class B licence the site plan may be prepared by anyone but must be signed by the applicant. The list of approved site plan preparers should be give to the applicant. d) Signed affidavit, sale receipts, if necessary, to prove an established pit or quarry and/or legal non-conforming use; e) A copy of the mining lease issued under the Mining Act, if applicable; Internal Procedure A.R. 2.01.01a Page 2 of 9
f) Confirm that the applicant has the right to extract by ownership (copy of deed), lease, or extraction agreement. Status of the mineral rights (i.e. Crown vs. private) should be verified on the Ministry of Northern Development and Mines (MNDM) webpage; g) If a corporation, the applicant shall supply current Articles of Incorporation in order to verify corporate officers, address and name (see A.R. 2.00.00); and h) Ensure that the annual tonnage estimate is a realistic figure. If not, documentation by way of a letter is required to justify the estimated amount. Where a sketch has been submitted, the tonnage limit must be placed on a Schedule B to the licence. Where a formal site plan has been submitted with the application, the tonnage condition must be indicated on the site plan. Note: Information on compliance with the zoning by-law or proof that the site has legal non-conforming use must be received before the issuance of the licence. Also, prior to the issuance of the licence, the Aggregate Inspector should attempt to have received and approved the site plan. However, the licence must be issued or refused within twelve months of designation. Step 5 When the application fee (see A.R. 8.00.02) has been received, the receipt should be clearly marked "NEW ACCOUNT" and the application entered into the Aggregate Licence and Permit System (ALPS). MNR INSPECTOR REVIEW Step 6 Step 7 Step 8 Step 9 Step 10 Review the application and accompanying documents thoroughly to determine if they conform to the requirements of the Act and the regulations. If the application is incomplete, the application may be deferred until the information has been furnished. However, the licence has to be issued or refused within the 12 months following designation. If not previously done, inspect the property to ensure that the conditions of the site have been properly documented on the site sketch or the site plan. Complete and file a site plan checklist (see Appendix E). Section 12 (a-k) of the Act is exempt from review under subsection 71(7) where the application is received within six months of designation and no circulation to other district programs is required. The file documentation for the application should include: a) An application requirement checklist for newly designated areas (see attached); b) A site plan checklist (see Appendix E), to be completed at a later date; c) When the application package is considered to be complete, it should be dated and stamped approved (i.e. satisfies requirements of the Act and the regulations); and d) Two copies of the site sketch and application. Internal Procedure A.R. 2.01.01a Page 3 of 9
EXTERNAL REVIEW Step 11 The Aggregate Inspector should distribute copies of the application form, site sketch and other appropriate documentation as follows: a) One copy of the site sketch and application to the clerk of the municipality that controls the zoning (i.e. local municipality or the upper single-tier), for their information and comment as to compliance with the zoning by-law; or b) For a mining lease or where the future claims may be staked, copies of the site sketch and application to the Ministry of Northern Development and Mines, (see A.R. 5.00.06). The letter that accompanies the application and site sketch should stipulate a response time of no more than 30 days or the MNR will assume the municipality or agency has no comments to the licence being issued. Note: In newly designated areas, the application is not subject to the posting requirements of the Environmental Bill of Rights (EBR). Step 12 Comments from any agency circulated will be considered when processing the application, to ensure compliance with the requirements of section 71 of the ARA, (i.e. meeting the requirements of the zoning by-law and being an established pit or quarry). The Minister is compelled to issue a licence for applications under subsection 71(4) where these two criteria are met. Additional controls through site plan revisions or licence conditions may be required to address any other concerns raised. However, these will be processed by the addition of conditions and site plan amendments under sections 13 & 16 of the Act (see A.R. 2.02.00 and A.R. 2.03.00). These conditions or site plan amendments are in addition to the Prescribed Conditions and existing operating restrictions (e.g. zoning restrictions, Certificate of Approvals). Existing planning controls will continue to apply until the site plans are accepted and approved that deal with the same subject matter (e.g. setbacks, extraction depth). Step 13 If the municipality disapproves of an application by reason of its non-conformity with the zoning by-law, or non-conforming status does not exist, the applicant is to resolve the conflict. If the zoning compliance is in doubt, the District Manager will serve notice to that effect. Step 14 The Notice shall be served by delivering it personally to the person to whom it is directed or if that person cannot conveniently be found, by leaving it for the person at the person s last known or usual place of abode/residence with an inmate thereof who appears to be at least sixteen years of age. The Notice can also be sent to the licensee's last known address by registered mail as per subsection 64(1) of the Act. An Affidavit of Service is to be completed by the person serving the Notice, sworn before a Commissioner of Oaths, and placed on file along with the duplicate original of the Notice. Service is deemed to be made on the fifth day after the day of mailing. Internal Procedure A.R. 2.01.01a Page 4 of 9
Step 15 In accordance with subsection 12.1(3) of the Act, the applicant then has 30 days to make application to the Superior Court of Justice for a judgment that no zoning by-law prohibits the site from being used for a pit or quarry. Where the matter is referred to the courts for a judgment, the site can be operated until such time as a decision has been made. Step 16 If the decision confirms the legal non-conforming use, then a licence must be issued. Proceed to Step 18. Step 17 If the decision is not in favour of the non-conforming use, the Aggregate Inspector must prepare a letter to the applicant stating that if they wish to operate (i.e. the operation must cease at this point) they must apply as a new application (see A.R. 2.01.02). LICENCE PREPARATION AND DISTRIBUTION Step 18 If the site plan has not been approved, a condition should be included as Schedule B attached to the licence: a) The licensee shall operate this pit (quarry) in accordance with the accompanying site sketch as approved by the Ministry of Natural Resources on (date), until such time as the site plan required under subsection 71(6) is approved; and b) No more than (amount) can be removed from the site in a calendar year. This condition is to be used for a Class A licence - a Class B tonnage condition is part of the Prescribed Conditions under Schedule A. Additional licence conditions are usually not considered at this time. However, if additional conditions are required, they should be carefully reviewed to determine the appropriate location (i.e. licence or site plan). Third party conditions should not be placed on the licence or the site plan (e.g. operator will maintain township road to the satisfaction of the township). The Aggregate Inspector will prepare two original licences from the apply for in ALPS and attach the required Schedules for the Minister's approval/signature. The effective date of the licence will be the date of designation and should be entered (i.e. manually entered) by the Aggregate Inspector prior to forwarding the licence to the Minister. Ensure that the property description is accurate and specifies the geographic township. Note: The licence will have two dates; the effective date, which is the date of designation of the township and the date the Minister signs the licence. The licence will have to be modified to include the approval date (the date the Minister signs the licence). The Aggregate Inspector must prepare an Explanatory Note to Accompany Documents for Signing to accompany the two original copies of 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: Internal Procedure A.R. 2.01.01a Page 5 of 9
a) Under Title - the fact that this is a new licence, ALPS licence identification number, licensee name, proposal 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 the Minister s approval on new licences in newly designated areas. Reference subsection 71(5); c) Under Background/Explanation of Document Development - i) Outline that this licence is the result of the new designation of specify area and the property is an established pit/quarry; ii) The site is in compliance with the zoning by-law or is a non-conforming use and has been confirmed by the municipality; or a judgement from the Superior Court of Justice has been received confirming compliance with the by-law; iii) A statement to the effect that the Minister must sign the licence as required by subsection 71(5); and iv) If the issuance of the licence is of a sensitive nature, the issue should be explained in the explanatory note. 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. More than one licence may be sent to the Minister at one time and all can be addressed in the explanatory note, except when there is a sensitive issue. Where a licensing matter is of a sensitive nature, that licence should be sent separate from other licences, with its own explanatory note. Step 19 When the "original" licences are returned to the District/Area office, 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. The letter should contain the following information: a) that the licensee must comply with the ARA, the regulations (including the Operational 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 and report that amount on a monthly basis to the Ontario Aggregate Resources Corporation (TOARC) by January 31 or each year, for the previous year s production; Internal Procedure A.R. 2.01.01a Page 6 of 9
e) a copy of the Production Reporting Handbook; f) that the licensee must submit a Compliance Assessment Report (CAR) annually 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 20 The Aggregate Inspector will distribute documentation to the following agencies: a) The Ontario Aggregate Resources Corporation (TOARC) receives a copy of licence, the licence profile generated from ALPS and the transmittal letter; b) The Aggregate and Petroleum Resources Section receives a copy of the licence, and the accompanying "Explanatory Note To Accompany Documents For Signing ; c) District/Area office retains an original copy of the licence, a copy of the site plan or sketch, and the transmittal letter; d) Local municipality receives a copy of the licence, a copy of the site plan or sketch, and the transmittal letter; e) County/Regional municipality receives a copy of the licence, a copy of the site plan or sketch, and the transmittal letter; if applicable; f) Ministry of Transportation receives a copy of the transmittal letter; g) Ministry of Labour receives a copy of the transmittal letter; h) Ministry of the Environment receives a copy of the transmittal letter; i) Ministry of Northern Development and Mines receives a copy of the transmittal letter, if applicable; j) Ministry of Agriculture and Food receives a copy of the licence and transmittal letter, if applicable; k) Department of Fisheries and Oceans (DFO) receives a copy of the transmittal letter, if applicable; and l) The local Conservation Authority receives a copy of the transmittal letter, if applicable. Step 21 The Aggregate Inspector enters the date that the Minister signed the licence from the Issue status in ALPS, and provides the District GIS person with a copy of the licence and any additional documentation necessary to enter the site (i.e. site location) into the Natural Resources Values Inventory System (NRVIS). Internal Procedure A.R. 2.01.01a Page 7 of 9
APPLICATION REQUIREMENT CHECKLIST - NEWLY DESIGNATED AREAS Completed Application Form Application Fee Proof of Zoning By-law Compliance and/or legal non-conforming use Proof of being an established pit or quarry, where there is doubt (e.g. invoices, sales receipts) Site Plan Checklist for the appropriate application category (for applications received after the first 6 months) Site Sketch Requirements (for applications received in first 6 months) Sketch showing the limits of the area to be licenced, on either an OBM map or airphoto Area of the site in hectares Applicant s name The class of licence and the application category The location of any excavation areas on the site Existing entrances/exits on the site that are to be used for the transportation of aggregate Cultural features (e.g. Buildings). Natural environment features that will require an operational setback (e.g. Streams, wetlands) North arrow Lot and concessions or UTM coordinates Roads Signature of the applicant Statement regarding compliance with the operational standards Copy of the mining lease, if required Proof of ownership (i.e. deed) or a copy of a signed landowner/operator agreement, extraction agreement or a lease agreement, if required Articles of Incorporation for a company Copy of any Certificate of Approval, Permit to Take Water or other operating agreements issued for activities on the site Reports as per the Aggregate Resources of Ontario Provincial Standards, for applications received after the first six months, unless waived by the Minister Internal Procedure A.R. 2.01.01a Application Requirements Checklist Page 8 of 9
Internal Procedure A.R. 2.01.01a Sample Site Sketch Page 9 of 9