Proposed new regulations, Assessment Work Regulation and Mining Claim Regulation and the revocation of Assessment Work Regulation (O. Reg. 6/96) and the Claim Staking and Recording Regulation (O. Reg. 43/11), supporting the implementation of MAM Phase III and Bill 39 amendments to the Mining Act.
Bill or Act:
Bill 39 Amendments to the Mining Act
Summary of Proposal:
Proposed New Assessment Work Regulation
The new assessment work regulation will allow claim holders to manage their assessment work credits through the MLAS and will introduce new terminology, including Assessment Work Manager, and new rules that reflect cell claims and boundary claims on the provincial grid, with updated rules for amounts of required assessment work, banking of assessment work credits and the distribution of assessment work credits to and from mining claims.
Currently, to keep recorded mining claims in good standing with the Province, claim holders must carry out exploration work on their claims ("assessment work") and report it to the ministry annually. This shows the claim holder is actively exploring for minerals, and the government receives geoscience data about its mineral resources. If they fail to do this assessment work and file an assessment work report, their claims will be cancelled.
The process for filing assessment work is paper-based. The move to the online MLAS system will allow claim holders to file assessment work reports and other documents digitally, eliminating paper forms. The current Electronic Assessment System (EAS) for providing assessment work reports and supporting documents will no longer be available, as it will be replaced by MLAS.
Technical details around the provision of reports and data in support of the submission of assessment work reports will be moved out of regulation to a separate technical standards document.
The new Assessment Work Regulation will include changes to the current assessment work rules, which were developed in extensive consultation and input from Indigenous groups, industry, and the public through the Minister's Mining Act Advisory Committee, the Environmental and Regulatory Registries, focused information sessions, and mining symposia.
Proposed New Mining Claim Regulation
Revocation Claim Staking and Recording Regulation O. Reg. 43/11
Ontario Regulation 43/11 will be revoked as the staking and recording of mining claims will cease and will be replaced with the new online registration of mining claims. The new Mining Claim Regulation will provide for a range of technical details about the new system of mining claim registration and administration. The regulation will include provisions addressing:
• new terminology reflecting the new types of mining claims details about registration including the limit on multi-cell claims,
• details dealing with transactions relating to mining claims including amalgamation, transfers
• provisions around the abandonment, voluntary surrender of a mining claim
Analysis of Regulatory Impact:
Based on the new and amended regulations, there will be cost savings to businesses of approximately $12.1 million over ten years, and a yearly cost reduction to businesses of approximately $1.2 million. The cost of staking a unit used to range between $58 to $105. Since launch of the MLAS, registering a mining claim will cost $50 per claim. It is also important to note that the size of the claims will be 20% larger on average than the average size of a unit staked prior to the regulation. Clients will see a significant reduction in the paper filing of documents as almost all transactions will now be done online. The assessment regulation introduced a technical standards document guiding clients on how to file an assessment report.
September 6, 2017
Comments Due Date:
October 21, 2017