Privacy Policy

THE ONTARIO AGGREGATE RESOURCES CORPORATION

This policy has been developed in accordance with the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), a copy of which is available from:

The Office of the Information and Privacy Commissioner of Canada
112 Kent Street, Ottawa, Ontario, K1A 1H3
Phone 1-800-947-6850, TTY 6513-992-9190
or on the web as www.privcom.gc.ca

“Personal Information” is defined as information about an identifiable individual. It does not include business information such as the name, title, business address, e-mail address or phone or fax number of an employee of an organization; rather personal information refers to such things as gender, age, income, home address and phone number, marital/family status, ethnicity, religion, and health status.

The Ontario Aggregate Resources Corporation is committed to respecting the privacy of its aggregate licence and permit holders and its employees by adhering to the privacy principles set forth in the PIPEDA. In this Privacy Policy, the references to “TOARC”, “we”, “us” and “our” means The Ontario Aggregate Resources Corporation.

Introduction:

TOARC acts as Trustee of the Aggregate Resources Trust (the “Trust”). The Trust’s purposes are:

(a) the rehabilitation of land for which a Licence or Permit has been revoked and for which final rehabilitation has not been completed;

(b) the rehabilitation of abandoned pits and quarries, including surveys and studies respecting their location and condition;

(c) research on aggregate resource management, including rehabilitation;

(d) making payments to the Crown and to regional municipalities, counties and local municipalities in accordance with regulations made pursuant to the Aggregate Resources Act;

(e) the management of the Abandoned Pits and Quarries Rehabilitation Fund; and

(f) such other purposes as may be provided for by or pursuant to Section 6.1(2)5 of the Aggregate Resources Act. Additional Trust purposes include:

  1. the education and training of persons engaged in or interested in the management of the aggregate resources of Ontario, the operation of pits or quarries, or the rehabilitation of land from which aggregate has been excavated; and
  2. the gathering, publishing and dissemination of information relating to the management of the aggregate resources of Ontario, the control and regulation of aggregate operations and the rehabilitation of land from which aggregate has been excavated.

TOARC collects information from its Clients and the Ontario Ministry of Natural Resources and Forestry for the purpose of maintaining a database of licences and permits in the province of Ontario. This database is used for the preparation of annual production reports, invoices for annual fees and royalties and the compilation of the annual statistical report “Aggregate Resources Statistics in Ontario– Production Statistics.”

Principle 1 - Accountability

TOARC is responsible for all Personal Information under its control.

Each employee, officer and director of TOARC is responsible for the Personal Information under his or her possession or control, including information that has been transferred to a third party for processing. In addition to establishing this Privacy Policy, TOARC has appointed a member of its staff as Chief Privacy Officer. The Chief Privacy Officer is accountable for compliance with this Privacy Policy and the principles outlined herein.

Principle 2 - Identifying Purposes

We will identify and document the purposes for which we collect, use, or disclose Personal Information at or before the time of collection.

The purposes will be limited to those which are related to our business and which a reasonable person would consider are appropriate in the circumstances. We collect, use, and disclose Personal Information concerning our licensees and permittees (“Clients”) for the following reasons:

  • To establish and maintain reliable records for Client relations and communications
  • To compile production and other statistics for the report “Mineral Aggregates in Ontario– Statistical Update”
  • To open and maintain a Client file
  • For transaction, billing, record-keeping and refund purposes and other Client contact and service matters
  • To facilitate audit and archival purposes
  • To facilitate account collection and loss prevention
  • To meet our legal and regulatory obligations
  • As otherwise required or permitted at law

We collect, use, and disclose Personal Information concerning our employees for the following reasons:

  • To recruit, train, manage, recognize and retain a highly qualified and motivated workforce
  • To administer compensation and benefits
  • To establish and maintain harmonious employer-employee relations
  • To assess an employee’s performance, abilities and development requirements
  • To assist with safety, illness or injury of employees that affects their work, including workplace, safety and insurance issues
  • To meet our legal and regulatory obligations
  • As otherwise required or permitted at law

If we plan to use Personal Information we have collected for a purpose not previously identified, we will identify and document this purpose before such use.

Principle 3 - Consent

Personal Information will only be collected, used, or disclosed with the knowledge and consent of the individual, except where inappropriate.

The way in which we seek consent, including whether it is express or implied, may vary depending upon the specific circumstances and the use, nature and sensitivity of the information and the reasonable expectations of the individual. An individual can withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. We will inform individuals of any implications of withdrawing consent.

In certain circumstances, as permitted or required by law, we may collect, use or disclose Personal Information without the knowledge or consent of the individual. These circumstances may include: Personal Information which is subject to solicitor-client or litigation privilege; where collection or use is clearly in the interests of the individual and consent cannot be obtained in a timely way; to investigate a breach of an agreement or a contravention of a law; to act in respect to an emergency that threatens the life, health or security of an individual; for debt collection; or to comply with a subpoena, warrant or court order.

Principle 4 - Limiting Collection

We will limit the amount and type of Personal Information collected to that which is necessary for our identified purposes and we will only collect Personal Information by fair and lawful means.

Principle 5 - Limiting Use, Disclosure, and Retention

Personal Information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required or permitted by law. Personal Information will be retained only as long as necessary to fulfil the identified purposes.

Principle 6 - Accuracy

We will use our best efforts to ensure that Personal Information is as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used. We will use our best efforts to ensure that Personal Information that is used on an ongoing
basis, including information that is disclosed to third parties, and information that is used to make a decision about an individual, is accurate, complete, and up-to-date. However, it shall be the obligation of any person providing to us such information to advise us in writing and in a timely fashion of any changes to such information.

Principle 7 - Safeguards

We will protect Personal Information with safeguards appropriate to the sensitivity of the information.

TOARC has security safeguards in place that protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. TOARC will protect Personal Information regardless of the format in which it is held. Methods of protection include:

  • Physical measures, for example, locked filing cabinets and restricted access to offices;
  • Organizational measures, for example, limited access on a “need-to-know” basis; and
  • Technological measures, for example, up-to-date security safeguards to protect its networks and Web site from misuse, alteration, copy, disclosure, destruction, monitoring or unauthorized sharing of information and damage. TOARC’s safeguards include the
    use of security software and involve physical, technical and procedural controls to protect information.
Principle 8 - Openness

We will make specific information about our policies readily available through our Chief Privacy Officer, except to the extent this is confidential commercial information.

This statement and the processes and procedures for obtaining access to personal information will be available to any individual through our web site, and/or on request. If an individual has a question regarding personal information, it may be directed to the Chief Privacy Officer.

Principle 9 - Individual Access

Upon written request, we will inform an individual of the existence, use, and disclosure of his or her Personal Information and we will give the individual access to that Personal Information. An individual can challenge the accuracy and completeness of his or her Personal Information and have it amended as appropriate.

In certain situations, we may refuse a request or not be able to provide access to all the Personal Information we hold about an individual. Exceptions to the access requirement will be limited and specific, as permitted or required by law. Where permitted, the reasons for denying access will be provided to the individual upon request. Exceptions may include: information that contains references to other individuals or contains confidential commercial information, where such information cannot be severed from the record; information collected in the course of investigating a breach of an agreement or in the course of a formal dispute resolution process; and information that is subject to solicitor-client or litigation privilege.

Principle 10— Challenging Compliance

Any individual can address a challenge concerning our compliance with any of the Privacy Principles to our Chief Privacy Officer.
We will investigate all written complaints. If we find a complaint to be justified, we will take all appropriate measures, including, if necessary, amending our policies and practices.

The Ontario Aggregate Resources Corporation website TOARC does not collect or distribute the e-mail addresses of visitors to its website.

Important Notice: Our web site links to other sites created and maintained by public and/or private sector organizations. We provide these links solely for your information and convenience. When you link to an outside web site, you are leaving the TOARC web site and our information management policies no longer apply.

Contact Information

Any question, concern or complaint concerning compliance with our Privacy Policy should be addressed to our Chief Privacy Officer:

Bruce E. Semkowski,
Chief Privacy Officer
The Ontario Aggregate Resources Corporation
Suite 103, 1001 Champlain Avenue
Burlington, Ontario L7L 5Z4
Phone:(905) 319-7424
Toll Free: 1-866-308-6272
Fax: (905) 319-7423
Email: besemkowski@toarc.com
Policy Revision Date: October 10, 2006

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