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
Decision
Decision posted
Comment period
October 28, 2019 - November 27, 2019 (30 days) Closed
Last updated

This consultation was open from:
October 28, 2019
to November 27, 2019

Decision summary

While all comments received were considered, we decided to make no amendments to the proposed legislative changes at this time.

Decision details

Changes to the Mining Act would help ensure that northern communities can improve their competitiveness and attract investment.

 There are no impacts to Treaty and Aboriginal rights with this proposed change and this does not impact the duty to consult.

 There is already a 45-day requirement for a decision on filing or returning submitted closure plans, and all Aboriginal consultation needs to be completed up front with a consultation report before a certified closure plan is submitted.

 Ontario is making the same 45-day requirement that now applies to closure plans also apply to closure plan amendments. The ministry will ensure that the duty to consult is met, including where the ministry delegates procedural aspects of consultation.

 When we have clear and transparent consultation practices, we create a more stable business environment, develop strong relationships, and create economic opportunities.

Comments received

Through the registry

1

By email

5

By mail

0
View comments submitted through the registry

Effects of consultation

Comments were received by the ministry and reviewed. We did not make any changes based on the proposed concerns that were raised.

The ministry continues to consider these comments as it moves forward in drafting necessary regulatory changes and further guidance.

Supporting materials

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Get in touch with the office listed below to find out if materials are available.

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Original proposal

ERO number
019-0794
Notice type
Act
Act
Mining Act, R.S.O. 1990
Posted by
Ministry of Energy, Northern Development and Mines
Proposal posted

Comment period

October 28, 2019 - November 27, 2019 (30 days)

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”.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Comment

Commenting is now closed.

This consultation was open from October 28, 2019
to November 27, 2019

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Contact

Nick Head-Peterson

Phone number
Office
Ministry of Energy, Northern Development and Mines - Willet Green Miller Centre
Address

933 Ramsey Lake Road
Sudbury, ON
P3E 6B5
Canada

Office phone number