Ramsay v. Natural Resources (Ministry), 2026 CanLII 38560

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 22, 2026

CASE NO(S).: OLT-26-000029

PROCEEDING COMMENCED UNDER subsection 18(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8

Referred by: Mahnaz Larochelle

Objector: Kevin Ramsay

Property Owner: Calvin McDonald & Julianne Chambers

Subject: Objection to the Transfer of Class B Aggregate Licence #4369

Reference Number: License #4369

Property Address: Part Lot 4, Concession 5, Geo Twp of Hungerford

Municipality/UT: Tweed/County of Hastings

OLT Case No.: OLT-26-000029

OLT Case Name: Ramsay v. Natural Resources (Ministry)

Heard: April 16, 2026 by video hearing

APPEARANCES:

Parties	Representative*
Kevin Ramsey	Self-Represented*
Julian Chambers and Calvin McDonald	Self-Represented*

DECISION DELIVERED BY GEORGE POLITIS AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION AND BACKGROUND

1The matter before the Tribunal arises from the Minister of Natural Resources’(“MNR”) referral for a hearing regarding the proposed transfer of a licence issued under the Aggregate Resources Act, R.S.O. 1990, c. A.8 (“ARA”). The licence at issue is Licence No. 4369 (“Licence”), relating to lands legally described as Part Lot 4, Concession 5, Geographic Township of Hungerford, in the Municipality of Tweed, County of Hastings (“Subject Lands”).

2Hawker Construction Ltd. (“Hawker”) made an application to the MNR, pursuant to s. 18 of the ARA, requesting the Licence be transferred. The MNR received a request from Hawker to transfer the Licence, held by Kevin Ramsay, pursuant to s. 18(4) of the ARA. Mr. Jason McLay, Aggregate Specialist with the MNR, did not appear at the hearing. In his submission to the Tribunal, Mr. McLay stated that it is his understanding that Kevin Ramsay no longer had permission to remove Aggregate from the licenced Subject Lands. The landowner, Julianne Chambers, agreed to have the Licence transferred to Hawker from Kevin Ramsey. After reviewing the application, the MNR proposed to grant the application and transfer the Licence. Notice of the proposed transfer was served on Mr. Ramsey, in accordance with s. 18(4) of the ARA. Mr. Ramsey did not consent to the transfer and requested a hearing before the Tribunal pursuant to s. 18(5) of the ARA. Upon receiving the request, the MNR referred this matter to the Tribunal for a hearing under s. 18(6) of the ARA.

PROCEDURAL MATTERS

3The Parties submitted an Issues List and provided opening statements. The issues were not framed properly for the Tribunal to consider. The Parties included statements that were not focused on the legislative framework, as set out in the Provincial Policy Statement, 2024 (“PPS 2024”), section 4.5.2.1. and ss. 2 and 18 of the ARA. Instead, the majority of the evidence was focused on matters of compensation, bad bargaining, and non-compliance with the lease.

LEGISLATIVE FRAMEWORK

4For the purpose of this hearing, prior to the Parties delivering their opening statements, the Tribunal identified the applicable legislative framework for consideration, namely the PPS 2024, section 4.5.2.1. This section is particularly relevant for the resource’s availability close to market, as it states:

4.5.2 Protection of Long-Term Resource Supply

As much of the mineral aggregate resources as is realistically possible shall be made available as close to markets as possible.

5For the purpose of this hearing, s. 2(a) of the ARA is particularly relevant and constitutes sound resource management and advances the purposes of the ARA.

[Aggregate Resources Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-a8/latest/rso-1990-c-a8.html)

6The purposes of the ARA, set out in s. 2, are:

2 The purposes of this Act are,

(a) to provide for the management of the aggregate resources of Ontario;

(b) to control and regulate aggregate operations on Crown and private lands;

(d) to minimize adverse impact on the environment in respect of aggregate operations.

7The provisions of the ARA dealing with the transfer of a licence are set out in s. 18 of the ARA. The relevant subsections are referenced below:

Transfer of a licence

18(1) On application, the Minister may transfer a licence.

No Consent

18(4) If the Applicant does not have the licensee’s consent to the transfer, the following rules apply:

If the Minister proposes to transfer the licence, he or she shall forthwith serve notice of the proposal on the licensee, with reasons.

Entitlement to hearing

18(5) An applicant or licensee who is served with notice under subsection (3) or (4) is entitled to a hearing by the Tribunal if the applicant or licensee, within 30 days after being served, serves the Minister with a notice that a hearing is required.

Powers of Tribunal

18(8) The Tribunal may direct the Minister to carry out or rescind his or her proposal.

SUMMARY AND CONCLUSIONS

8Notwithstanding the explanation of the hearing’s scope, most of the arguments and evidence provided by the Parties focused on the economic value of the Licence. The landowner, Julianne Chambers, provided factual evidence related to property access and economic value regarding aggregate extraction. Julianne Chambers stated that Kevin Ramsey had no current agreement with her and that he was not allowed access to the Subject Lands. The onus was on Mr. Kevin Ramsay to provide evidence in support of his appeal. Mr. Kevin Ramsay did not present the Tribunal with any convincing arguments or evidence regarding the Tribunal’s legislative framework. Mr. Ramsey acknowledged that he did not have permission from the landowner to allow him access to the Subject Lands.

9Accordingly, the Tribunal finds that Mr. Ramsey’s inability to secure a new extraction agreement, or access to the Subject Lands with the current landowner, renders the aggregate resource effectively inaccessible, which is contrary to the public interest. However, the Tribunal lacks jurisdiction to adjudicate, or remedy, failed commercial arrangements between private parties.

10The ARA is intended to provide for the orderly management of the Province of Ontario’s (“Province”) aggregate resources, to regulate aggregate operations, to require the rehabilitation of lands following extraction, and to mitigate environmental impacts. The MNR is responsible for the administration and implementation of the ARA. The Tribunal’s position is not to involve itself in the commercial arrangements between operators and property owners, except with respect to the issuance of licences and the enforcement of applicable licence conditions.

11A licence is a privilege granted by the Province that authorizes its holder to extract aggregate and derive economic benefit from its sale on the open market. Where a licence is not being utilized because a licence holder and landowner are unable to reach an agreement permitting extraction – regardless of the reason – the MNR, upon receiving an application for transfer, has an obligation to consider reunifying the licence with the underlying resource. Doing so makes the resource available to the aggregate market. The Tribunal finds that facilitating access to aggregate resources serves the purposes of the ARA and aligns with the Ministry’s role in managing the Province’s aggregate resources.

12Upon consideration of the proposed transfer, the Tribunal finds that the existing valid Licence can implement the policy direction set out in the PPS 2024 but is currently underutilized. The proposed transfer would align the Licence with the aggregate resource, consistent with the PPS 2024 policy direction.

13The Tribunal determines that the Licence should be transferred, as the proposed transfer aligns with the PPS 2024. The Tribunal further determines that the transfer constitutes sound resource management and advances the purposes of the ARA.

ORDER

14THE TRIBUNAL ORDERS THAT the Minister of Natural Resources is directed to carry out the transfer of Licence No. 4369 to Hawker Construction Ltd.

“George Politis”

GEORGE POLITIS

MEMBER

Ontario Land Tribunal

Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.