A proposal to issue a guidance document to provide further clarification on Ontario Regulation 240/00, Schedule 2, Items 3(ii), 3(iii) and 4(vii), as it relates to site boundary and land tenure that must be included in closure plans and closure plan...

Original title

A proposal to issue a guidance document to provide further clarification on Ontario Regulation 240/00, Schedule 2, Items 3(ii), 3(iii) and 4(vii), as it relates to site boundary and land tenure that must be included in closure plans and closure plan amendments.

Update

To assist proponents when developing their closure plans, the ministry has developed a Closure Plan Boundary & Land Tenure Guideline to provide further clarification on Ontario Regulation 240/00, Schedule 2, Items 3(ii), 3(iii) and 4(vii), as it relates to site boundary and land tenure that must be included in closure plans and closure plan amendments.

Description of policy

The purpose of this proposal is to elicit public comment on the proposed “Closure Plan Boundary & Land Tenure Guideline”.

Purpose of policy

MNDM's proposed “Closure Plan Boundary & Land Tenure Guideline” will provide additional information to further clarify Ontario Regulation 240/00, Schedule 2, Items 3(ii), 3(iii) and 4(vii for proponents when completing their closure plans or closure plan amendments.

Schedule 2 of the Regulation states:

• Item 3, Project Information (ii) – boundaries of the project site, details of the land tenure of the project, including the proponent’s interest in the mining lands within the boundaries and of the tenure of land not owned but leased or otherwise controlled by the proponent.
• Item 3, Project Information (iii) - a site plan of legible scale indicating the location of all project features, including all openings to the surface, in relation to the site boundaries and the claim numbers, parcel numbers and, where applicable, the township name, lot number and concession number.

As further clarification regarding Items 3 (ii) and (iii) above, the proponent should ensure that:

• The boundary for an advanced exploration or mine production closure plan includes only those mining claims, leases and patents that will be impacted by physical disturbance related to the project.
• The status of the land tenure is compatible with the proposed activity (e.g. unpatented mining claims should not be included within mine production closure plan boundaries).
• All land tenure identified in the closure plan area map and/or land tenure table is updated each time there is a closure plan amendment submitted.

„« Item 4, Current Project Site Conditions (vii) – complete details of any previous activities that may have resulted in a mine hazard existing on the site or any contamination of the site that has occurred, including the history of the site, an assessment of any physical mine hazards that exist and an assessment of any current contamination of soils, surface and ground waters that exist at the start of the project.

As further clarification regarding Item 4 (ii) above, if a closure plan relates to a project on an existing or abandoned site, the proponent should provide information that is reasonably available to ensure that:

• All legacy mine hazards are identified on the site plan.
• The closure plan identifies all previous activities that have resulted in known mine hazards, as well as those activities that may have produced a mine hazard which is presumed to exist.

Note: For advanced exploration closure plans, the proponent will not be expected to deal with the rehabilitation of previous mine hazards on the site unless the project proceeds to mine production (or if the previous mine hazard has been or will be materially affected by the proponent).

If you require further clarification, please do not hesitate to contact the Ministry of Northern Development and Mines, Mineral Development and Lands Branch at 1-888-415-9845 ext. 5815, or at one of the following locations:

Northwest – Thunder Bay Office (807) 475-1123
Northeast – Timmins Office (705) 235-1625
South/Central – Sudbury Office (705) 670-5815

Public consultation

This proposal was posted for a 30 day public review and comment period starting September 16, 2016. Comments were to be received by October 16, 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.