Proposed Regulations under the Mining Act for Recovery of Minerals

On December 2, 2021, the Supporting People and Business Act, 2021, received Royal Assent, enabling a new regulatory pathway for the recovery of minerals from mining wastes. In Ontario, many companies are interested in extracting additional value from mining wastes and are seeking innovative ways to reprocess and recycle different end-use products. This new regulatory framework positions the province as a leader in sustainable resource recovery.  

The new regulation would come into force on July 1, 2025. It is designed to streamline the regulatory process for mineral recovery projects, support the province’s transition to a low-carbon economy, and ensure that economic growth is achieved in a manner that is protective of the environment and Indigenous rights. 

The structure of the new regulatory framework is designed to be responsive, streamlined and effective in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the duty to consult, while not compromising public health, safety and the environment. At the same time, detailed guidance and site-specific permit terms and conditions support a process that minimizes the impact of these activities and is protective of public health and safety and the environment. 

The new regulatory framework has been developed in consideration of feedback from stakeholders, industry, Indigenous communities and organizations, and consists of the following key elements: 

1. Streamlined Application Process:  Applications for mineral recovery permits must be made in the approved form to reduce burden and realize cost savings for the mineral development sector. This ensures consistency for applicants but also clear expectations on what is required by MINES as part of the application process. 

2. Recovery and Remediation Plans (RRPs): Applications must include a Recovery and Remediation Plan for each mineral recovery activity that aligns with the scale and potential public health and safety and environmental impact of the project. This helps ensure that remediation efforts are tailored to the specific site conditions and the impact of these activities does not adversely affect public health and safety and the environment. 

3. Certifications by Qualified Persons – The application submission as a whole will not require an overall certification; however, the application form and guidance will identify where additional technical reports prepared by qualified persons would be required.  No certifications are prescribed in the regulation. 

4. Aboriginal Consultation: The regulation incorporates provisions for Indigenous consultation. Applicants may consult Indigenous communities before submitting an application by requesting that MINES identify which communities need to be notified of their proposed activity.  

5. Excluded Lands and Environmental Safeguards: Certain lands, such as those the Crown has spent significant funds to rehabilitate or that pose high environmental risk (e.g., former uranium or asbestos mines), will be designated as excluded from recovery activities.  Lands withdrawn under s. 35 of the Mining Act will also be excluded. 

6. Financial Assurance (FA): The Minister may require financial assurance as a condition of a permit. While further direction is not prescribed in the regulation itself, MINES will assess when financial assurance would be required and determine the appropriate amount. To request a return or reduction in financial assurance, an applicant may be required to provide a certified report from a qualified professional as a term and condition of the permit. 

7. Terms and Conditions: Terms and conditions will be included in the permit, as applicable to each activity, including financial assurance where required.   

8. Length of Permit:  The default term for most permits will be five (5) years. Some simpler activities may have a permit length of three (3) years. For complex activities, applicants may request a permit length of up to 10 years with sufficient justification. Permit duration is not prescribed in the regulation. 

The decision to approve the proposed regulatory framework was based on a thorough evaluation of its environmental, economic, Indigenous, and community impacts. Several key factors were considered: 

1. Environmental Impact: The regulatory framework was designed to ensure that recovery activities are conducted in a manner that does not adversely impact public health and safety and the environment. Instructions on what information is required for Recovery and Remediation Plans that are tailored to a list of expected activities (including additional technical information), the exclusion of certain lands, the legislative requirement that landowners provide written consent, and the authority of the Minister to impose terms and conditions (including financial assurance), on a permit further reinforce these protections.  

Addressing Legacy Mining Hazards: Ontario has hundreds of sites containing mine tailings and waste rock that pose potential risks to public health and safety and the environment. This framework offers the opportunity for applicants to propose recovery and remediation activities that could help reduce liabilities on these sites.  

Supporting a Low-Carbon Economy: The framework supports climate change mitigation by allowing for the recovery of minerals critical for electric vehicle batteries and renewable energy technologies.  Recovery of minerals from previously mined sites reduces the need for new mining operations. This helps lower the overall carbon footprint of mining activities by requiring less energy in extraction, transportation and processing. 

Proportional Regulatory Oversight: The framework includes a regulation and detailed guidance.  Guidance and an application form will be made available to the public for July 1, 2025, when the regulation comes into force. The guidance supports applicants and MINES in determining what information is required for each activity. Smaller and simpler activities will have different requirements than more complex ones, focusing more rigorous terms and conditions where most needed to maintain strong environmental safeguards. 

Consultation and Transparency: The application form and guidance will be publicly available. The framework is designed to be responsive, streamlined and effective in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the Duty to Consult, while not compromising public health, safety and the environment. Depending on the scope of a project, applicants may be subject to other provincial and federal legislation and regulations in addition to the requirements of the Mining Act. The Ministry is committed to meeting the Duty to Consult where it arises in relation to any proposed permit. Written consent from landowners is required which promotes transparency in the process. 

Long-Term Environmental Benefits: The framework promotes long-term environmental benefits by allowing a streamlined approval process for activities that recover minerals from existing sites and may result in the remediation of hazardous sites into safer, more stable areas. Each recovery activity must include a Recovery and Remediation Plan to restore the lands to a condition comparable to or better than before recovery. 

2. Economic Opportunities: Tailings and other mine waste may host significant economic potential. Recovery activities, if approved, would unlock the value of previously processed minerals and promote the use of new and innovative technologies that make reprocessing minerals more feasible. The growing demand for critical minerals in industries like electric vehicles and renewable energy presents an opportunity for Ontario to position itself as a leader in the global low-carbon economy. By creating a streamlined permitting process for recovery of minerals, the framework encourages investment and innovation in the mining sector. 

3. Indigenous Consultation and Rights: A crucial component of the decision was ensuring that Indigenous communities are meaningfully consulted where there is potential to impact Aboriginal or treaty rights. The regulation provides clear consultation requirements, aligning with the Crown’s duty to consult with Indigenous communities. The decision reflects MINES’ commitment to building respectful relationships and fostering collaboration with Indigenous peoples. 

4. Community Resilience: The decision considered the social and community impacts of mineral recovery projects. By encouraging the remediation of legacy mining hazards, the framework promotes community resilience and long-term environmental stewardship. A recovery activity framework that protects public health and safety and the environment, will benefit local communities.   

Implementation: The new regulatory framework will come into force on July 1, 2025. As part of the implementation process, MINES will develop key tools and documents to support applicants and ensure compliance with the new regulation: 

• A “smart” application form that provides a streamlined submission process and tailors information requirements to the specific activity type. 

• Guidance materials including instructions for completing a Recovery and Remediation Plan to guide applicants in the information required for an activity including when additional technical information may be required as well as guidance on other topics such as financial assurance and Aboriginal consultation. The application form and guidance materials will be available for July 1, 2025, when the regulation is implemented. 

• Internal procedures for MINES staff to assess and review applications, determine financial assurance requirements, and issue permits. These procedures will ensure that projects are rigorously evaluated and monitored, with necessary safeguards in place to protect the environment. 

As of July 1, 2025, applicants will be able to apply for recovery permits through a streamlined process that includes an approved form and guidance that sets out details about the type of information required, including information about how an activity may potentially result in impacts to public health and safety and the environment. As part of a Recovery and Remediation Plan, applicants will demonstrate how they will ensure the remediation of the land on which the tailings or other waste materials are located, such that the condition of the land with respect to public health and safety and the environment following the remediation is comparable to or better than it was before the recovery. Guidance and the application form will be made available closer to the implementation date. 

The decision to approve this regulatory framework represents a step forward in Ontario’s efforts to promote sustainable mining practices while supporting economic growth and environmental protection.  The framework promotes the recovery of valuable minerals from mining waste, supporting the province's climate goals, and upholds the Crown’s Duty to Consult obligations with Indigenous communities. The decision reflects MINES’ commitment to balancing environmental values with social, economic, and scientific considerations, ensuring a positive outcome for Ontario’s people and its environment.