My neighbour is operating a gravel pit next to my Ontario property — what are my rights?
Aggregate extraction — gravel pits and quarries — is regulated in Ontario by the Aggregate Resources Act (ARA) administered by the Ministry of Natural Resources. An operator must hold a licence and comply with site plans, progressive rehabilitation requirements, and operational conditions set out in that licence.
If you are a neighbouring landowner, you have several potential avenues. First, ARA licences are subject to public hearing processes: before a new pit or quarry is approved, or when an expansion is sought, there is an opportunity for public comment and, in some cases, hearings before the Ontario Land Tribunal. If a new or expanded operation is proposed near you, participation in that process is your best early tool.
If an existing operation is violating its licence conditions — operating outside approved hours, creating excessive dust, failing to maintain required berms or noise attenuation measures — you can file a complaint with the Ministry of Natural Resources, which has inspection and enforcement authority.
Separately, if the operation constitutes a private nuisance — substantially interfering with your enjoyment of your property — you may have a common law claim. Nuisance claims against licensed aggregate operations are possible but require showing that the interference exceeds what a neighbouring landowner in that area should reasonably be expected to tolerate.
A lawyer experienced in land use and environmental law can help you assess which avenue is most appropriate.
Key takeaways
- Aggregate pits require a licence under the Aggregate Resources Act with public hearing rights.
- Participate in hearings if a new or expanded pit is proposed near you.
- Licence violations can be reported to the Ministry of Natural Resources for enforcement.
- Private nuisance claims are possible if the operation substantially interferes with your enjoyment.