Regulation - Other

A proposal for amendments to Ontario Regulation 308/12 Exploration Plans and Exploration Permits, and amendments to the "Provincial Standards for Early Exploration."

Regulation Number(s):
Regulation 308/12
Instrument Type:
Regulation - Other
Bill or Act:
Mining Act, R.S.O. 1990
Summary of Proposal:
For a full summary of the proposal, including the rationale for each proposed amendment, see the Ontario Regulation 308/12 Environmental Registry posting.

1. Current Regulation: Section 1, 5(2), 12(2) of Regulation 308/12:
Proposed Regulatory Change: Expand list of those required to take the Mining Act Awareness Program.

2. Current Regulation: Section 3(2) of Regulation 308/12:
Proposed Regulatory Change: Clarify the exemption for early exploration work being undertaken within Closure Plan areas.

3. Current Regulation: Section 18 of Regulation 308/12:
Proposed Regulatory Change: Broaden discretion of the Director to require an exploration permit for activities that do not otherwise require an exploration permit process. Currently, this discretion is limited to the need to address issues pertaining to existing or asserted Aboriginal or treaty rights, or if the Minister has issued a notice of intent to impose a surface rights restriction with respect to sites of Aboriginal cultural significance.

4.Current Regulation: Regulation 308/12:
Proposed Regulatory Change: Allow proponents the option to submit all activities under the exploration permit process when undertaking both plan/permit activities.

5.Current Regulation: Section 20 of Regulation 308/12:
Proposed Regulatory Change: Clarify MNDM process to amend exploration permits (i.e. information updates or administrative changes; impact/project changes and Director's discretion to require amendment).

6.Current Regulation: Regulation 308/12:
Proposed Regulatory Changes: Update definitions and terminology to clarify terms and for consistency and harmonization. (e.g. Prospectors Awareness Program which is now known as the Mining Act Awareness Program, clarify definition of the circulation date).

Provincial Standards for Early Exploration:
Seeking comments on the proposed changes to the Provincial Standards

1.Clarification of language in the Provincial Standards and standardization of terminology with other legislation:
• "contained"
• "water body"

2. Enhancing environmental standards to which early exploration activities are held including:
• Establishment of standard buffers around water bodies
• Addition of drilling fluid standards similar to other jurisdictions

3. Requiring mobilization and demobilization notices pre-post execution of early exploration work.
Further Information:
Proposal Number:
Posting Date:
July 18, 2016
Comments Due Date:
September 1, 2016