A proposal to amend the Mining Act related to Closure Plan Amendments

ERO number
019-0794
Notice type
Act
Act
Mining Act, R.S.O. 1990
Posted by
Ministry of Energy, Northern Development and Mines
Notice stage
Proposal
Proposal posted
Comment period
October 28, 2019 - November 27, 2019 (30 days) Open
Last updated

This consultation closes at 11:59 p.m. on:
November 27, 2019

Proposal summary

The proposed amendment to the Mining Act would provide a requirement for the Director of Mine Rehabilitation to file or return Closure Plan Amendments submitted by industry proponents within 45 days from date submitted and would clarify confusing and inconsistent language that relates to the submission and filing of Closure Plans and Amendments.

Proposal details

The Mining Act (the Act) requires proponents to have a filed Closure Plan to rehabilitate the site prior to commencing any activities for an advanced exploration or a mine development project. There is a requirement for the Director of Mine Rehabilitation to make a decision, within 45 days of receipt of a Closure Plan, to file it or return it to the proponent if it does not meet all of the requirements in the Mining Act and O. Reg. 240/00.

A proponent may amend the filed Closure Plan for a site to keep it up to date as the project evolves over time. New or changed activities described in the Closure Plan Amendments cannot begin until the amendment has been filed. However, there is currently no timeframe set out in the Act for the Director to make a decision to file or return a Closure Plan Amendment. This proposed amendment would add a requirement for the Director to make a decision to file or return a Closure Plan Amendment within 45 days after submission.

Additional changes to Part VII of the Act would clarify inconsistent, confusing language that relates to the submission and filing of Closure Plans and Amendments. The changes would include addressing multiple uses of the word “filed”.

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