This consultation was open from:
June 10, 2019
to July 25, 2019
We are proposing to amend regulations to ensure compliance with the most recent safety guidelines for dams, reduce possible burdens to clients when managing mining claims on the Mining and Land Administration System (MLAS), and to provide more flexibility in managing mining lands.
The Ministry of Energy, Northern Development and Mines is proposing the following regulatory amendments/revocations:
Mine Development and Closure (Ontario Regulation 240/00)
Ontario Regulation 240/00, including the Mine Rehabilitation Code came into force in June 2000. The Mine Rehabilitation Code requires that all persons engaged in the design, construction, maintenance and decommissioning of tailings dams and other containment structures give due regard to the procedures and requirements in the Dam Safety Guidelines published by the Canadian Dam Association
The Mine Rehabilitation Code does not provide for updating to the most recent version of the Dam Safety Guidelines. This means the Dam Safety Guidelines that were in place in June 2000 are the ones that apply
The proposal is to amend Ontario Regulation 240/00, Part 4, Subsection 36 (1), regarding Tailings Dams and Other Containment Structures, so that it will refer to the most recent version of the Dam Safety Guidelines and its related technical bulletins.
Mining Claims (Ontario Regulation 66/18)
Adhering to the Mining Act and regulations can be a burden to clients. To reduce possible burdens to clients when managing mining claims on the MLAS, and to provide more flexibility to manage their mining lands, the following amendments are being proposed to the Mining Claims Regulation (Ontario Regulation 66/18:
- Merger and Amalgamation Mining Claims: Proposal to amend subsections 3(4)(d) and 4(4)(f) to allow claim holders to merge or amalgamate their mining claims that have a common plan or permit.
- Mining Claim Disputes: Section 48 of the Mining Act relates to the dispute of a registered mining claim. Proposal to amend the Mining Claims Regulation to include direction to claim holders on the process for disputing mining claims before a mining recorder.
- MLAS Outages, extensions of time: Subsection 138(2) of the Mining Act relates to deadlines clients must meet, if time expires when the MLAS application is not functioning. Proposal to amend the Mining Claims Regulation to include conditions that may apply for a mining recorder to grant an extension of time to prevent the forfeiture of mining claims when MLAS is down.
Conversion of Legacy Claims (Ontario Regulation 454/17)
On April 10, 2018, Phase 3 of Mining Act Modernization (MAM) was launched, including a system for province wide, online mining claim registration and a 24/7 online system to administer mining lands. As part of that modernization, all existing recorded mining claims (“legacy claims”) were converted into new, digital mining claims as of April 10, 2018.
Ontario Regulation 454/17 provided some detailed rules about how legacy claims would be converted under s. 38.2 of the Mining Act including due dates by which a claim holder must distribute assessment credits or make a payment in place to a mining claim to keep it in good standing, as well as how assessment work credits for legacy claims would be transferred dealt with in the conversion process
The proposal seeks to revoke Ontario Regulation 454/17, as it is no longer necessary because the conversion process was completed as of April 10, 2018.
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5th Floor, 99 Wellesley St W
Toronto , ON
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