Delegation of Authority under Aggregate Resources Act - Update and Overview

Ministry of Natural Resources and Forestry Overview of the Delegation of Authority for the Aggregate Resources Act OSSGA Regional Committee Meetings April 10th Waterloo/Wellington/Brant

Delegation of Authority - ARA In February 2018, the Minister approved changes to the Delegation of Authority (DOA) for the Aggregate Resources Act (ARA). The DOA replaces all previous versions and any references to previous DOA s contained in all MNRF Aggregate Policies, Procedures and Directives. Any provisions which have not been proclaimed yet in the ARA, or require a regulation to have effect have not been delegated. A future delegation will be required to address new provisions. An example of a provision that is not yet proclaimed is the new power for MNRF to order studies on existing sites. 2

Delegation of Authority - ARA The Minister s authority to delegate powers is consistent with other delegations. General Provisions for Delegated Positions The Minister may still exercise a delegated power or duty when, in their view, circumstances warrant it, such as when the decision may be particularly sensitive or significant within the Ministry. 3

Updated DOA The Delegation of Authority (DOA) for the ARA has been updated to address: New sections of the ARA resulting from Bill 39 (Aggregate Resources and Mining Modernization Act) that received Royal Assent on May 11, 2017. Regional Operations Division (ROD) and Policy Division (PD) restructuring (including changing of position and section/branch names). The need to streamline and improve efficiencies with respect to decision making related to minor amendments and administrative matters. 4

Overview of Updated DOA The majority of the provisions are delegated to positions within Regional Operations Division (ROD) as they relate to matters which are primarily operational or site specific in nature. A few provisions reside within Policy Division (PD). Financial related matters (i.e. fee waivers) are generally delegated to Integration Branch in ROD (Manager, Program Coordination Section). The level of delegation for existing provisions are largely unchanged. Additional delegations have also taken effect for some new sections (resulting from Bill 39 see slide 8). 5

Authority Delegated to District Manager Formerly Regional Director Currently District Manager* Approval for a licensee or permittee to amend their site plan (Minor Amendments only). Transferring a licence where there is consent from both parties (approval for a transfer where there is not consent from both parties remains with the Regional Director). Procedural referrals to the Local Planning Appeal Tribunal (LPAT) where the licensee appeals an MNRF forced amendment to a Licence or Site Plan, or appeals a revocation of a licence under certain circumstances. Approval of permit amendments to reduce maximum annual tonnage limits. Other District Manager decisions already delegated (i.e. no change): Designating Inspectors under the ARA Transfer of an aggregate permit (Crown land) Refuse to transfer or revoke an aggregate permit (issuance is Regional Director) * District Manager may give approval to amendments where the proposed amendment is in accordance with policy and procedure and does not require external circulation (including circulation for municipal comment) or an environmental registry posting. 6

Key DOA Changes MNRF District Managers District Managers can now approve the following sections of the ARA, with the exceptions (bolded): Section ARA DOA & Limitations Sec 16 (2) Approval for a licensee to amend their site plan District Manager (Minor Amendments Only) Regional Director (Major Amendments) Sec 18(1) Transferring a licence District Manager Sec 18 (3) 1 Approval of Licence Transfer with Consent District Manager Sec 13(7), Sec 16(9), Sec 20(6) Referrals to LPAT when Licensee Appeals an MNRF Forced Licence/Site Plan Amendment or Licence Revocation District Manager Sec. 37(6) Add, rescind or vary a condition of an aggregate permit District Manager (District Manager may only vary a condition on an aggregate permit to reduce the maximum annual tonnage limit.) Regional Director (All other changes to Permit Conditions) Sec 37 (8) Approval for a permittee to amend their site plan District Manager (Minor Amendments Only) Regional Director (Major Amendments) 7

Key New Delegations (Bill 39 Changes) Delegation to Person making decision relating to the licence or permit Consider whether adequate consultation with Aboriginal communities has been carried out when making decisions about a licence or permit Delegation to Manager, Program Coordination Section, Integration Branch Waive requirement to pay all or part of an annual licence fee Delegation to Regional Director, ROD Revoke a licence if licensee is insolvent, deceased, wound up or dissolved Serve notice of revocation on licensee with reasons Delegation to Regional Director, ROD Notifying the Local Planning Appeal Tribunal (LPAT), formerly the Ontario Municipal Board, of the Ministry s intent to be a party at a hearing for a licence application 8

Thank you For detailed questions, please contact: Jason.belleghem@Ontario.ca Sr. Program Advisor Aggregates, MNRF 9