Amendments to the Exploration Plans and Exploration Permits Regulation and the Provincial Standards for Early Exploration

Updates

The Ministry of Northern Development and Mines is proposing the following regulation changes:

1. Current Regulation: Section 1, 5(2), 12(2) of Regulation 308/12:

   Proposed Regulatory Change: Expand list of those required to take the Mining Act Awareness Program.

   Rationale: Mining Act Awareness Program to include not only the Qualified Supervisor, but also those involved in the early exploration work, as well as the proponent. This would enhance the education and understanding of those involved in the execution of early exploration activities

2. Current Regulation: Section 3(2) of Regulation 308/12:

   Proposed Regulatory Change: Clarify the exemption for early exploration work being undertaken within Closure Plan areas.

   Rationale: The intent of the provision was to allow Closure Plan proponents to do early exploration on the lands covered by their Closure Plan without needing an exploration plan or permit. Some argued that anyone doing exploration within a closure plan would be exempt, even if they were not the closure plan proponent. The proposal is to make sure the exemption is clear.

3. Current Regulation: Section 18 of Regulation 308/12:

   Proposed Regulatory Change: Broaden discretion of the Director to require an exploration permit for activities that do not otherwise require an exploration permit process. Currently, this discretion is limited to the need to address issues pertaining to existing or asserted Aboriginal or treaty rights, or if the Minister has issued a notice of intent to impose a surface rights restriction with respect to sites of Aboriginal cultural significance.

   Rationale: A number of stakeholders (ENGOs, Cottagers, and industry) requested a broader discretion for the Director to require an exploration permit process for non-exploration permit activities.

4. Current Regulation: Regulation 308/12:

   Proposed Regulatory Change: Allow proponents the option to submit all activities under the exploration permit process when undertaking both plan/permit activities.

   Rationale: Streamlining for industry, other stakeholders and Aboriginal communities. Different processes are required for exploration plan activities and exploration permit activities. Where an exploration project includes both types of activities, all could be combined in one application, which would follow the exploration permit process set out in the Regulation, including Aboriginal consultation requirements.

5. Current Regulation: Section 20 of Regulation 308/12:

   Proposed Regulatory Change: Clarify MNDM process to amend exploration permits (i.e. information updates or administrative changes; impact/project changes and Director’s discretion to require amendment).

   Rationale: This would provide clearer guidance to proponents, other stakeholders and Aboriginal communities about the permit amendment process.

6. Current Regulation: Regulation 308/12:

   Proposed Regulatory Changes: Update definitions and terminology to clarify terms and for consistency and harmonization. (e.g. Prospectors Awareness Program which is now known as the Mining Act Awareness Program, clarify definition of the circulation date).

   Rationale: Regulation refers to outdated terminology.

Provincial Standards for Early Exploration:

Seeking comments on the proposed changes to the Provincial Standards

1. Clarification of language in the Provincial Standards and standardization of terminology with other legislation:
   • “contained”
   • “water body”
2. Enhancing environmental standards to which early exploration activities are held including:
   • Establishment of standard buffers around water bodies (30m)
   • Addition of drilling fluid standards similar to other jurisdictions
3. Requiring mobilization and demobilization notices pre-post execution of early exploration work

Description of regulation

Ontario’s Mining Act was amended by Bill 173, enacted in 2009 as part of the ongoing Mining Act Modernization (MAM) process. Those amendments have been implemented in phases over time. As part of the second phase of amendments, O. Reg. 308/12 (the Regulation) was put in place, with the details of a regulatory system of exploration plans and exploration permits for early stage mineral exploration activities.

This new regulatory system for early exploration became mandatory in April 2013. The Ministry committed to a review of the regulation, provincial standards, supporting policies and business processes. MNDM’s initial review resulted in the following proposals for amendments to O. Reg 308/12 and to the Provincial Standards for Early Exploration which are referred to in the Regulation. The Provincial Standards for Early exploration were developed as part of the implementation of the graduated regulatory scheme for early exploration under the Mining Act.

Purpose of regulation

The purpose of this proposal is to elicit public comment on the proposed revisions to O. Reg. 308/12 and Provincial Standards for Early Exploration.

Public consultation

This proposal was posted for a 45 day public review and comment period starting July 18, 2016. Comments were to be received by September 01, 2016.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.

1. Clarification of language in the Provincial Standards and standardization of terminology with other legislation:
   • "contained"
   • "water body"
2. Enhancing environmental standards to which early exploration activities are held including:
   • Establishment of standard buffers around water bodies (30m)
   • Addition of drilling fluid standards similar to other jurisdictions
3. Requiring mobilization and demobilization notices pre-post execution of early exploration work