November 24, 2023 Mines and…

November 24, 2023

Mines and Minerals Division
Ontario Ministry of Mines

ERO number 019-7724

Re. Proposed Regulations under the Mining Act for Recovery of Minerals

On October 10th 2023 the Ministry of Mines posted a notice on the Environmental Registry of Ontario announcing a 45 day comment period on a regulation of the recovery of minerals from tailing and other mine wastes in Ontario. However, rather than posting a draft regulation for comment, the Ministry requested feedback on its “proposed approach to regulating the recovery of minerals from tailings and other mine wastes in Ontario” and indicated that a “this approach would be captured in a new regulation under the Mining Act’.

Northwatch is providing preliminary and general comments at this time and will provide more detailed comments when the draft regulation itself is posted on the registry for comment.

In general:
- Northwatch supports the “remining” of mine wastes such as tailings and waste rocks

- Northwatch’s support is based on an expectation that site conditions will be improved in the course of such operations, and that the infrastructure demands and broader environmental impacts of a mining operation are reduced or avoided in an operation that occurs within a brownfield site versus a greenfield site

- Northwatch strongly objects to the proposal that an applicant or operator would not be required to file a closure plan, or updated or amended closure plan, to undertake an operation to recover minerals in mine wastes

- Northwatch fully expects that a recovery permit would set out how the applicant would meet requirements to improve site conditions through the operation, including through delivery of the remediation plan

- Northwatch fully expects that the regulation will establish that the Ministry, in issuing a permit, will impose terms and conditions that result in conditions of physical and chemical stability at the site, and overall improvement in site conditions

- Northwatch fully expects that the determination of the amount of financial assurance will be made based on the cost of achieving the conditions referred to above (conditions of physical and chemical stability at the site, and overall improvement in site conditions) and that the financial assurances will be provided in real terms

- Northwatch supports the Minister or Ministry having additional order-making authority such as stop-work, remedial or preventative orders at current operating, closed or abandoned mine sites, including sites where a recovery permit has been issued

As indicated in the notice, the Ministry is now preparing this draft regulation. Northwatch intends to comment on that draft regulation when posted.

Thank you for your consideration of these comments. We look forward to further dialogue on these important matters.

Sincerely,

Brennain Lloyd
Northwatch Project Coordinator