Act
Amendments to the Mining Act: Recovery of Minerals and Decision-making Authorities
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Bill 71, Building More Mines Act, 2023
Summary of Decision:
Through Bill 71, Building More Mines Act, 2023, the Ministry of Mines has made amendments to the Mining Act that are intended to ensure Ontario has a modern and competitive regime for mineral exploration and development. The amendments aim to reduce administrative burden, clarify requirements for rehabilitation and create regulatory efficiencies.
The amendments to the Mining Act will (1) amend the requirements for obtaining a "recovery permit" to be less burdensome for proponents by requiring that the condition of lands be comparable to or better than their prior condition as opposed to improved, and (2) provide the Minister with decision-making authorities in respect of exploration and mine rehabilitation.
The relevant amendments to the Mining Act would take effect once the related regulations have been developed and filed.
For more information on the details of the decision please go to https://ero.ontario.ca/notice/019-6717.
The amendments to the Mining Act will (1) amend the requirements for obtaining a "recovery permit" to be less burdensome for proponents by requiring that the condition of lands be comparable to or better than their prior condition as opposed to improved, and (2) provide the Minister with decision-making authorities in respect of exploration and mine rehabilitation.
The relevant amendments to the Mining Act would take effect once the related regulations have been developed and filed.
For more information on the details of the decision please go to https://ero.ontario.ca/notice/019-6717.
Analysis of Regulatory Impact:
The Ministry of Mines (MINES) is proposing changes to the Mining Act ('the Act') and its regulations which aim to position Ontario as a leading jurisdiction in mineral investment and development by amending decision making authorities throughout the Act and regulations and by amending the Recovery of Minerals legislative Framework.
The proposed changes will demonstrate action in response to industry feedback and provide the mining industry with increased regulatory certainty reduce administrative burden and create efficiencies, in an effort to drive greater investment in Ontario.
These initiatives will help ensure Ontario is positioned to provide ethically sourced critical minerals in today's geopolitical environment to domestic supply chains and to partner countries who share Ontario's values.
The proposed changes will demonstrate action in response to industry feedback and provide the mining industry with increased regulatory certainty reduce administrative burden and create efficiencies, in an effort to drive greater investment in Ontario.
These initiatives will help ensure Ontario is positioned to provide ethically sourced critical minerals in today's geopolitical environment to domestic supply chains and to partner countries who share Ontario's values.
Further Information:
Link to Environmental Registry
Proposal Number:
23-ENDM008
Posting Date:
March 2, 2023
Summary of Proposal:
The proposed amendments would help to ensure Ontario has a modern and competitive regime for mineral development.
The proposal regarding recovery permits is intended to reduce regulatory burden and support project development.
The proposal regarding decision-making will provide the Minister with decision-making authority and flexibility to delegate decision-making authority to others within the Ministry.
The proposed amendments to the Mining Act seek to (1) amend the requirements for obtaining a "recovery permit" to be less burdensome for proponents by requiring that the condition of lands be comparable to or better
than their prior condition as opposed to improved and (2) provide the minister with decision-making authorities in respect of exploration and mine rehabilitation.
1. Recovery of Minerals Framework
In the fall of 2021, the Mining Act was amended to create a pathway for the recovery of minerals or mineral-bearing substances from mine tailings and wastes, without a requirement for a closure plan.
· To obtain a permit to undertake this activity (a "recovery permit"), an applicant is required to demonstrate in its application that it will remediate the land such that the condition of the land, with respect to one or more of: (i) public health and safety or (ii) the environment, is improved following the recovery and remediation activities.
The recovery permit provisions have not yet come into force.
The term "improvement" may be ambiguous and create uncertainty about the degree of improvement required. In addition, the term "improvement" may be seen as an unachievable and impractical standard where the condition of the lands is already disrupted.
The proposed amendments in the Bill would amend the requirement that the land be "improved" and replace it with a requirement that the land be made "comparable to or better than" the prior condition - in each case, with respect to one or both of public health and safety or the environment.
This standard is clearer and simpler, as well as less onerous for projects on lands that are already in a 'brownfield' or heavily disrupted condition, while still allowing applicants to demonstrate improvement where applicable to their project plans.
2. Minister's Decision-Making Authority
Currently the Minister of Mines does not have statutory authority to make certain decisions under Part VII of the Mining Act regarding mine rehabilitation and remediation (e.g., decisions to file closure plans) or decisions related to early exploration. These decision-making authorities are currently vested in the Director of Mine Rehabilitation and Director of Exploration respectively. The Director of Mine Rehabilitation and Director of Exploration are ministry employees, appointed to these positions by the Minister.
The proposed amendments in the Bill would:
· Remove the statutory role of the Director of Mine Rehabilitation and transfer this position's decision-making authority to the Minister. This would provide the Minister with the direct ability to make statutory decisions related to matters under Part VII or delegate authority to ministry employees as needed (mine rehabilitation and remediation), and
· Allow the Minister to exercise any power or perform any duty of the Director of Exploration, allowing the Minister to make early exploration decisions where the Director has not yet made a decision.
The proposal regarding recovery permits is intended to reduce regulatory burden and support project development.
The proposal regarding decision-making will provide the Minister with decision-making authority and flexibility to delegate decision-making authority to others within the Ministry.
The proposed amendments to the Mining Act seek to (1) amend the requirements for obtaining a "recovery permit" to be less burdensome for proponents by requiring that the condition of lands be comparable to or better
than their prior condition as opposed to improved and (2) provide the minister with decision-making authorities in respect of exploration and mine rehabilitation.
1. Recovery of Minerals Framework
In the fall of 2021, the Mining Act was amended to create a pathway for the recovery of minerals or mineral-bearing substances from mine tailings and wastes, without a requirement for a closure plan.
· To obtain a permit to undertake this activity (a "recovery permit"), an applicant is required to demonstrate in its application that it will remediate the land such that the condition of the land, with respect to one or more of: (i) public health and safety or (ii) the environment, is improved following the recovery and remediation activities.
The recovery permit provisions have not yet come into force.
The term "improvement" may be ambiguous and create uncertainty about the degree of improvement required. In addition, the term "improvement" may be seen as an unachievable and impractical standard where the condition of the lands is already disrupted.
The proposed amendments in the Bill would amend the requirement that the land be "improved" and replace it with a requirement that the land be made "comparable to or better than" the prior condition - in each case, with respect to one or both of public health and safety or the environment.
This standard is clearer and simpler, as well as less onerous for projects on lands that are already in a 'brownfield' or heavily disrupted condition, while still allowing applicants to demonstrate improvement where applicable to their project plans.
2. Minister's Decision-Making Authority
Currently the Minister of Mines does not have statutory authority to make certain decisions under Part VII of the Mining Act regarding mine rehabilitation and remediation (e.g., decisions to file closure plans) or decisions related to early exploration. These decision-making authorities are currently vested in the Director of Mine Rehabilitation and Director of Exploration respectively. The Director of Mine Rehabilitation and Director of Exploration are ministry employees, appointed to these positions by the Minister.
The proposed amendments in the Bill would:
· Remove the statutory role of the Director of Mine Rehabilitation and transfer this position's decision-making authority to the Minister. This would provide the Minister with the direct ability to make statutory decisions related to matters under Part VII or delegate authority to ministry employees as needed (mine rehabilitation and remediation), and
· Allow the Minister to exercise any power or perform any duty of the Director of Exploration, allowing the Minister to make early exploration decisions where the Director has not yet made a decision.
Contact Address:
Royal Assent Date:
May 18, 2023
Decision:
Approved