Axle Weight Pilot Project Finished August 26, 2019
The objective of the pilot project was to develop a database that will help standardize the way allowable gross weights and axle weights are collected, stored and used for compliance.
TEMPLATE Letter for Members to Use to Submit Responses to ERO Posting on Growth Plan February 13, 2019
The government has submitted a proposal to make Modifications to O. Reg. 311/06 (Transitional Matters - Growth Plans) made under the Places to Grow Act, 2005 to implement the Proposed Amendment to the Growth Plan for the Greater Golden Horseshoe, 2017. OSSGA has made the point to the government that the current policy framework is not working. Approvals for new mineral aggregate operations in Southern Ontario are taking up to 10 years to complete the process. There are too many overlapping policies and inconsistent approaches between the Provincial Plans, Regional Official Plans, Local Official Plans and Conservation Authority policies regarding the management of this essential non-renewable resource.
Specification Alert February 6, 2019
Please be advised that there have been changes made to Aggregate Specifications for OPSS 1002, April 2018. This revised specification has been included in several MTO tender documents recently, most notably MTO Contract #2018-2024, Hwy 400 & Hwy 89 Interchange, Closing Feb. 14, 2019 and has raised concerns with many suppliers.
Avenues Winter 2019 Issue Now Available! February 5, 2019
The newest Winter 2019 issue of Avenues Magazine is now available online!

MNRF on Applicability of Municipal Zoning by-laws to Crown Land

July 26, 2018 at 8:17 AM

The Ministry of Natural Resources and Forests has given us a heads up about some information that has come up recently related to aggregate permit applications (on Crown land) and municipal zoning.

While the Aggregate Resources Act requires that proof of applicable municipal zoning by-laws be provided before a licence can be issued on private land, there is no such requirement in legislation for issuing an aggregate permit on Crown land. A few recent aggregate permit applications on Crown land located within municipally organized jurisdictions have raised some questions as to whether or not municipal zoning applies to Crown land with respect to the issuance of aggregate permits.

Some of MNRF’s ARA policies refer to municipal zoning on Crown land, and in some of those policies there is a statement indicating/implying that municipal zoning does not apply to Crown land.

In consideration of recent case law, an updated interpretation on this topic has come to light. MNRF thought that OSSGA should be made aware in case this comes up in discussions. Specifically,

  • Municipal zoning does not bind the Crown itself (consistent with current policy).
  • MNRF does not require proof of appropriate municipal zoning in order to issue an aggregate permit (consistent with current policy).
  • MNRF considers municipal comments on aggregate applications when making decisions on whether or not to issue an aggregate permit (consistent with current policy).
  • Municipal zoning does apply to non-Crown parties operating on Crown land (this is not consistent with some statements currently made in policy).

Therefore, the proponent may need to work with the municipality to address any zoning requirements, separate from the ARA approval process.

MNRF is conducting a review of their ARA policies to identify any that may provide inconsistent direction related to the above.