Act
Proposed, Building More Mines Act, 2023
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 improvements align with the purpose of the Mining Act which includes encouraging prospecting, registration of mining claims and exploration for the development of mineral resources, in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights (including the duty to consult) and to minimize the impact of these activities on public health and safety and the environment.
For further information on the decision details please go to https://ero.ontario.ca/notice/019-6715
The improvements align with the purpose of the Mining Act which includes encouraging prospecting, registration of mining claims and exploration for the development of mineral resources, in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights (including the duty to consult) and to minimize the impact of these activities on public health and safety and the environment.
For further information on the decision details please go to https://ero.ontario.ca/notice/019-6715
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 and Closure Plan legislative Frameworks.
The proposed amendments would improve timelines for preparing closure plans, reduce proponents' up-front expenses for opening or changing a mine, reduce the frequency of notifications and closure plan amendments required, and improve flexibility in closure planning.
The Ministry will continue to assess potential impacts to Aboriginal and treaty rights, and as required, fulfil any obligations to consult with Indigenous communities before proposed closure activities that trigger the Duty to Consult can proceed.
The proposed changes will demonstrate action in response to industry feedback, provide the mining industry with increased regulatory certainty, reduce administrative burden and create efficiencies and greater clarity, in an effort to drive greater investment in Ontario and enable access to and development of critical minerals.
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 amendments would improve timelines for preparing closure plans, reduce proponents' up-front expenses for opening or changing a mine, reduce the frequency of notifications and closure plan amendments required, and improve flexibility in closure planning.
The Ministry will continue to assess potential impacts to Aboriginal and treaty rights, and as required, fulfil any obligations to consult with Indigenous communities before proposed closure activities that trigger the Duty to Consult can proceed.
The proposed changes will demonstrate action in response to industry feedback, provide the mining industry with increased regulatory certainty, reduce administrative burden and create efficiencies and greater clarity, in an effort to drive greater investment in Ontario and enable access to and development of critical minerals.
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-ENDM009
Posting Date:
March 2, 2023
Summary of Proposal:
The Ontario government is improving the Mining Act to create the conditions for companies to build mines more efficiently. Proposed amendments to the Mining Act demonstrate responsiveness to feedback received from industry, would reduce administrative burden and create efficiencies that currently cause project delays and cost overruns, and provide regulatory certainty. These changes would improve Ontario's competitiveness and attract investment to the province.
Bill 71, Building More Mines Act, 2023, if passed, would make several amendments to the Mining Act including changes related to closure plans, recovery permits, and statutory decision-making authorities. More detail on each of these areas follows.
Closure Plans
Part VII of the Mining Act requires that proponents (mining companies) have a filed closure plan before starting advanced exploration or mine production.
A closure plan describes the measures that the proponent will take during the life cycle of the mine to rehabilitate the mine site. Currently, "Rehabilitate" means to take measures so that the use or condition of the site is restored to its former use or condition, or is made suitable for a use that the Director sees fit.
The proposed amendments in Bill 71, regarding the proposed changes to the closure plan framework can be found in the ERO 019-6718
Recovery of Minerals Framework
"Recovery permits" are permits to recover minerals or mineral-bearing substances from tailings and other mine wastes. The legislative framework for recovery permits was created through previous amendments to the Mining Act, but these amendments are not yet in force.
The current provisions in the Mining Act for recovery permits require that the condition of lands subject to a mineral recovery permit be improved (with respect to one or both of public health and safety or the environment) after the recovery and remediation activity.
The proposed amendments in the Bill 71, regarding the proposed changes to the recovery of minerals framework can be found in the ERO 019-6717
Decision-making
Currently the Minister does not have statutory authority to make certain decisions under Part VII of the Mining Act regarding mine rehabilitation (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 Bill 71, regarding the proposed changes to decision-making can be found in the ERO 019-6717
There are also clerical and housekeeping changes to modernize language and to update cross-references and section numbering.
Bill 71, Building More Mines Act, 2023, if passed, would make several amendments to the Mining Act including changes related to closure plans, recovery permits, and statutory decision-making authorities. More detail on each of these areas follows.
Closure Plans
Part VII of the Mining Act requires that proponents (mining companies) have a filed closure plan before starting advanced exploration or mine production.
A closure plan describes the measures that the proponent will take during the life cycle of the mine to rehabilitate the mine site. Currently, "Rehabilitate" means to take measures so that the use or condition of the site is restored to its former use or condition, or is made suitable for a use that the Director sees fit.
The proposed amendments in Bill 71, regarding the proposed changes to the closure plan framework can be found in the ERO 019-6718
Recovery of Minerals Framework
"Recovery permits" are permits to recover minerals or mineral-bearing substances from tailings and other mine wastes. The legislative framework for recovery permits was created through previous amendments to the Mining Act, but these amendments are not yet in force.
The current provisions in the Mining Act for recovery permits require that the condition of lands subject to a mineral recovery permit be improved (with respect to one or both of public health and safety or the environment) after the recovery and remediation activity.
The proposed amendments in the Bill 71, regarding the proposed changes to the recovery of minerals framework can be found in the ERO 019-6717
Decision-making
Currently the Minister does not have statutory authority to make certain decisions under Part VII of the Mining Act regarding mine rehabilitation (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 Bill 71, regarding the proposed changes to decision-making can be found in the ERO 019-6717
There are also clerical and housekeeping changes to modernize language and to update cross-references and section numbering.
Contact Address:
MiningActAmendments@ontario.ca
Royal Assent Date:
May 18, 2023
Decision:
Approved