Amendments to the Mining Act: Recovery of Minerals and Decision-making Authorities

Purpose of the Legislative Amendments

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.

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.

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 permitting. 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).
• 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.

Proposed improvements align with the purpose of the 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.

There are no anticipated environmental impacts as a result of these proposed changes to the Mining Act.