Regulation - LGIC
Proposed regulatory amendments required to implement legislative amendments made through Building More Mines Act, 2023
Regulation Number(s):
Ontario Regulation 240/00
Instrument Type:
Regulation - LGIC
Bill or Act:
Mining Act
Summary of Decision:
On April 1, 2024, O. Reg. 240/00 Advanced Exploration, Mine Development and Closure Under Part VII of the Act will be replaced with a new regulation, O Reg. 35/24, titled "Rehabilitation of Lands." This new regulation retains most of the provisions of O. Reg. 240/00, integrating amendments and aligning with the Building More Mines Act, 2023. 
Consultations on the proposed regulatory changes through the ERO took place from September 8, 2023 - October 9, 2023. In total, 4 comments were posted via the EBR with 22 emails received. Comments were received from the public, Indigenous organizations, advocacy groups, business, and industry. We undertook a phased approach to facilitate an open and transparent process for meaningful consultation and engagement. In addition to consulting through the Environmental Registry, we also provided direct notifications, and held webinars with:
• Indigenous communities
• Stakeholders
• Members of the public
The Ministry considered comments received from the proposal notice (September - October 2023) in finalizing the required regulations and implementing the other changes described in the notice.
A number of comments were also received by email. All comments received were considered and reflected in the decision details. The comments received can be grouped into the following themes.
1. Who qualifies as a Qualified Persons
2. Conflict of interest
3. Alternative rehabilitative measures
4. Conditional filing and exemptions
5. Alternative land use
6. Amendments to the Mine Rehabilitation Code and
7. Phased financial assurance
After consideration of what was heard from all parties during the initial consultation period and the developed proposals, the Ministry has provided additional details on the final regulatory amendments which can be found at the following posting: https://ero.ontario.ca/index.php/notice/019-7598
Consultations on the proposed regulatory changes through the ERO took place from September 8, 2023 - October 9, 2023. In total, 4 comments were posted via the EBR with 22 emails received. Comments were received from the public, Indigenous organizations, advocacy groups, business, and industry. We undertook a phased approach to facilitate an open and transparent process for meaningful consultation and engagement. In addition to consulting through the Environmental Registry, we also provided direct notifications, and held webinars with:
• Indigenous communities
• Stakeholders
• Members of the public
The Ministry considered comments received from the proposal notice (September - October 2023) in finalizing the required regulations and implementing the other changes described in the notice.
A number of comments were also received by email. All comments received were considered and reflected in the decision details. The comments received can be grouped into the following themes.
1. Who qualifies as a Qualified Persons
2. Conflict of interest
3. Alternative rehabilitative measures
4. Conditional filing and exemptions
5. Alternative land use
6. Amendments to the Mine Rehabilitation Code and
7. Phased financial assurance
After consideration of what was heard from all parties during the initial consultation period and the developed proposals, the Ministry has provided additional details on the final regulatory amendments which can be found at the following posting: https://ero.ontario.ca/index.php/notice/019-7598
Analysis of Regulatory Impact:
Many components of the proposed regulation have not changed from what was in O. Reg. 240/00 and components that have changed are intended to provide flexibility for project proponents. The changes aim to reduce administrative burden on business, clarify requirements for rehabilitation, remove duplication and introduce flexibility, all to create regulatory efficiencies.   
There would be a nominal one-time cost associated with learning about the regulations. Otherwise, the impact to the regulated community is expected to be positive, as cost savings are anticipated to outweigh any new costs.
The intended outcome of these changes is to create a modern regulatory framework that encourages innovation by relying on technical expertise of qualified persons and industry professionals.  
 
In addition, the changes are intended to drive investment in resource development in Ontario's mining sector, which is expected to benefit northern and Indigenous communities economically by providing jobs in the mining sector and reduce red tape while maintaining public health and safety, respecting the environment and Aboriginal and treaty rights.  
There would be a nominal one-time cost associated with learning about the regulations. Otherwise, the impact to the regulated community is expected to be positive, as cost savings are anticipated to outweigh any new costs.
The intended outcome of these changes is to create a modern regulatory framework that encourages innovation by relying on technical expertise of qualified persons and industry professionals.  
 
In addition, the changes are intended to drive investment in resource development in Ontario's mining sector, which is expected to benefit northern and Indigenous communities economically by providing jobs in the mining sector and reduce red tape while maintaining public health and safety, respecting the environment and Aboriginal and treaty rights.  
Further Information:
Link to Environmental Registry
Proposal Number:
23-ENDM026
Posting Date:
September 14, 2023
Summary of Proposal:
Building More Mines Act, 2023, (Bill 71) received Royal Assent on May 18, 2023, resulting in new statutory authorities under the Mining Act. Many of these new authorities can only be brought into force once supporting regulations have been developed and implemented.
The Ministry previously sought public comment from March 9 to April 23rd on proposed approaches to aspects of the regulatory amendments:
·https://ero.ontario.ca/notice/019-6749
·https://ero.ontario.ca/notice/019-6750
After consideration of what was heard from all parties and developing the proposals further, the Ministry is providing additional details on the proposed regulatory amendments.
The intended outcome of these proposed regulatory changes is to create a modern regulatory framework for mineral exploration and development that is flexible, encourages innovation, decreases regulatory overlap, and relies on technical expertise of qualified persons and industry professionals. Changes are intended to drive investment and resource development in Ontario's mining sector, which is expected to benefit northern and Indigenous communities, and reduce red tape while maintaining public health and safety, respecting the environment and Aboriginal and treaty rights.
The majority of the proposed regulatory changes would affect Ontario Regulation 240/00 - Advanced Exploration, Mine Development and Closure (the "Regulation") under the Mining Act. This is the regulation that deals with closure plans for advanced exploration and mine development projects. It also currently contains the Mine Rehabilitation Code (the "Code"), which is a document that sets standards and procedures for mine rehabilitation in Ontario.
In addition to the proposed changes to the Regulation and Code, additional changes would be required to other affected regulations. These consequential regulatory changes are expected to be administrative in nature and are not expected to have any environmental impacts. The potentially affected regulations are described in more detail below.
Appendix A - Proposed Regulatory Amendments provides further details on the Ministry's proposals from March 9, 2023 and is the source document the Ministry is seeking comments on. The regulatory framework remains in development as the Ministry continues to seek input on these proposed regulatory changes.
Please note, the Ministry is no longer proceeding with the concept of making amendments to the Regulation and Code to automatically allow delayed delivery of baseline studies, as had been previously proposed in the spring 2023 Environmental Registry of Ontario posting: https://ero.ontario.ca/notice/019-6750.
The Ministry anticipates the proposed regulatory amendments would lead to a clearer, more streamlined process for mining project proponents.
It is important to note that none of this streamlining would affect the Crown's obligations to consult with Aboriginal communities whose Aboriginal and treaty rights may be adversely impacted by mining activities.
The Ministry previously sought public comment from March 9 to April 23rd on proposed approaches to aspects of the regulatory amendments:
·https://ero.ontario.ca/notice/019-6749
·https://ero.ontario.ca/notice/019-6750
After consideration of what was heard from all parties and developing the proposals further, the Ministry is providing additional details on the proposed regulatory amendments.
The intended outcome of these proposed regulatory changes is to create a modern regulatory framework for mineral exploration and development that is flexible, encourages innovation, decreases regulatory overlap, and relies on technical expertise of qualified persons and industry professionals. Changes are intended to drive investment and resource development in Ontario's mining sector, which is expected to benefit northern and Indigenous communities, and reduce red tape while maintaining public health and safety, respecting the environment and Aboriginal and treaty rights.
The majority of the proposed regulatory changes would affect Ontario Regulation 240/00 - Advanced Exploration, Mine Development and Closure (the "Regulation") under the Mining Act. This is the regulation that deals with closure plans for advanced exploration and mine development projects. It also currently contains the Mine Rehabilitation Code (the "Code"), which is a document that sets standards and procedures for mine rehabilitation in Ontario.
In addition to the proposed changes to the Regulation and Code, additional changes would be required to other affected regulations. These consequential regulatory changes are expected to be administrative in nature and are not expected to have any environmental impacts. The potentially affected regulations are described in more detail below.
Appendix A - Proposed Regulatory Amendments provides further details on the Ministry's proposals from March 9, 2023 and is the source document the Ministry is seeking comments on. The regulatory framework remains in development as the Ministry continues to seek input on these proposed regulatory changes.
Please note, the Ministry is no longer proceeding with the concept of making amendments to the Regulation and Code to automatically allow delayed delivery of baseline studies, as had been previously proposed in the spring 2023 Environmental Registry of Ontario posting: https://ero.ontario.ca/notice/019-6750.
The Ministry anticipates the proposed regulatory amendments would lead to a clearer, more streamlined process for mining project proponents.
It is important to note that none of this streamlining would affect the Crown's obligations to consult with Aboriginal communities whose Aboriginal and treaty rights may be adversely impacted by mining activities.
Contact Address:
MiningActAmendments@ontario.ca
Effective Date:
April 1, 2024
Decision:
Approved