MINES AND MINERALS - Mining (production) lease or license - Extraction, crushing and grinding of ore

Law360 Canada (December 7, 2022, 6:45 AM EST) -- Appeal by the Licence Holder of the decision of the Local Planning Appeal Tribunal (Tribunal). The Property Owner owned an aggregate pit. The Licence Holder possessed a licence which enabled it to extract aggregate from that property. There was no extraction agreement in place between the Property Owner and the Licence Holder. The Property Owner applied to the Ministry of Natural Resources and Forestry (MNRF) seeking to transfer the licence from the Licence Holder to the Property Owner. The MNRF agreed to transfer the licence. The Licence Holder referred the matter to the Tribunal. No evidence was called. The Tribunal issued a decision. The Tribunal then rejected the appellant’s and the Ontario Stone, Sand & Gravel Association’s (OSSGA) submissions. The Tribunal then found that the Aggregate Act did not confer any express authority to make recommendations to the Minister regarding the transfer of licences. The appellant appealed this decision prior to the hearing on the merits. The appellants and the OSSGA submitted that the Tribunal erred in finding that it could not consider financial consideration to the Licence Holder. The respondents, the MNRF and the Tribunal all submitted that the Tribunal's interpretation of its authority was correct....
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