The respondent contractor was charged with operating a pit without a licence under the Aggregate Resources Act after excavating sand from a farmer's land to level knolls and improve the farmland.
The justice of the peace and the summary conviction appeal judge acquitted the respondent, finding the Act was not intended to regulate farm improvement projects.
The Court of Appeal allowed the Crown's appeal, holding that the excavation fell squarely within the statutory definition of a pit, the Act contains no exemption for farm betterment projects, and the licensing requirement applies to the on-site operator.
