No exemption to operating pit for farm betterment projects

Ontario civil | Agriculture

AGRICULTURAL LAND

No exemption to operating pit for farm betterment projects

Under contract with farmer respondent was removing topsoil, levelling sand knolls, selling sand, and then restoring land with topsoil to make it arable for farming. Neither farmer nor respondent obtained licence to operate pit or quarry. Respondent was charged with operating pit without licence. Respondent was acquitted with justice of peace finding land was not pit within definition under Aggregate Resources Act (Ont.) (ARA). Appeal was allowed. Acquittal was set aside. Conviction was entered. Respondent was excavating pit. There was no specified exemption for farm betterment projects. Planning Act (Ont.), and ARA, could both apply in appropriate circumstances. Wording of s. 7 of ARA extended to actual onsite operator.

R. v. Ontario Corp. 311578 (Sep. 14, 2012, Ont. C.A., Feldman, Sharpe and Ducharme JJ.A., File No. C54746) 220 A.C.W.S. (3d) 666.

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