Tribunal directs transfer of aggregate licences without compensation, finding financial disputes outside its statutory mandate.
The Minister of Natural Resources and Forestry proposed to transfer two aggregate licences from the appellant to the respondent landowner after their extraction agreement expired.
The appellant objected, seeking $518,000 in compensation for the economic value of the licences, and the matter was referred to the Ontario Land Tribunal.
The Tribunal found that while an aggregate licence has economic value tied to the remaining resource, the Tribunal does not have the jurisdiction to direct financial compensation as a condition of a licence transfer under s. 18(8) of the Aggregate Resources Act.
The Tribunal held that resolving contractual disputes and claims for economic loss between a landowner and a licence holder is outside its mandate.
The Tribunal directed the Minister to carry out the transfer of the licences to the respondent.
OLTOntario Land TribunalFeb 20, 2025