Amendments to the Mining Act to streamline and improve consistency

ERO number
019-2427
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 6, 2020 - November 20, 2020 (45 days) Closed
Last updated

This consultation was open from:
October 6, 2020
to November 20, 2020

Decision summary

We decided to move ahead with amendments to the Mining Act to improve consistency of some processes, including one process that will also align with the Digital First Strategy which is to have all transactions online.

Decision details

These amendments include the following:

  • The Ministry of Energy, Northern Development and Mines (ENDM) has amended the Mining Act (the Act) to allow the Minister to waive interest on outstanding rent for leases issued under s.83, in order to make the Minister’s ability to offer economic relief consistent across all types of leases administered under the Act.
  • Small gaps of land are occasionally identified that are adjoining mining claims where a holder has requested a lease. ENDM has amended the Act to give the Minister the authority to include those “gap lands” in a lease issued under the Act, which will reduce the time and burden to obtain a lease of the unregistered “gap lands” through an Order-in-Council.
  • ENDM has made some updates to the Mining Land Administration System (MLAS) in Spring 2021. As a result of the changes, lessees will be able to apply for a renewal of their mining leases through MLAS. ENDM has amended the Act to provide for this online application.
  • ENDM has fixed an erroneous cross-reference in subsection. 81(6) of the Act, which currently does not reflect the previous repeal of subsection 81(9).
  • Technical improvements have been made to the Act that support consistent and efficient administration and convey the message that Ontario’s mining sector is open for business.
  • These amendments will make processes more efficient, increase business certainty, and are part of Bill 213 the Better for People, Smarter for Business Act, 2020.

Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

We received one comment during the 45-day comment period on our Environmental Registry posting from Wabun Tribal Council.In summary, the comment expressed the following:

  • Ideally, all lease holders should be paying rents and interest on outstanding rents.
  • Consultation and values assessment should still be required on small areas of land because there may be values that have not yet been brought forward as they are not located directly on claims.
  • The wording of the legislation should clearly describe what constitutes a “small” area of land, to ensure that there are adequate limits on this discretionary power.

We have reviewed and considered these comments with the following additional information:

  • ENDM wishes to continue to have the ability to respond to the needs of our clients when unusual circumstances, such as those caused by COVID-19, arise, across all types of leases.
  • As with all lease applications, Aboriginal communities with existing or credibly asserted Aboriginal or treaty rights are given notice when a claim holder is requesting to move to a lease. If a gap or sliver was added to a lease application the same notification would be made. The Mining Act and regulations passed there under continue to recognize the duty to consult, and ENDM is committed to meeting that duty.
  • ENDM is intending to prepare a proposed policy that in part will define what constitutes “fractions or gores”.

Supporting materials

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Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

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Original proposal

ERO number
019-2427
Notice type
Act
Act
Mining Act, R.S.O. 1990
Posted by
Ministry of Energy, Northern Development and Mines
Proposal posted

Comment period

October 6, 2020 - November 20, 2020 (45 days)

Proposal details

These amendments include:

  • ENDM is proposing to amend the Act to allow the Minister to waive interest on outstanding rent for leases issued under s.83, in order to make the Minister’s ability to offer economic relief consistent across all types of leases administered under the Act.
  • Small gaps of land are occasionally identified that are adjoining mining claims where a holder has requested a lease. ENDM is proposing to amend the Act & to give the Minister the authority to include those “gap lands” in a lease issued under the Act, which will reduce the time and burden to obtain a lease of the unregistered “gap lands” through an Order-in-Council.
  • ENDM is proposing some updates to the Mining Land Administration System (MLAS) in Spring, 2021. As a result of the changes, lessees will be able to apply for a renewal of their mining leases through MLAS. ENDM is proposing to amend the Act to provide for this online application.
  • ENDM is proposing to fix an erroneous cross-reference in subsection. 81(6) of the Mining Act, which currently does not reflect the previous repeal of subsection 81(9).
  • Technical improvements to the Act that support consistent and efficient administration convey the message that Ontario’s mining sector is open for business and helps create a climate where companies want to continue investing in the sector.
  • These amendments will make processes more efficient, increase business certainty, and are part of Bill 213 the Better for People, Smarter for Business Act2020.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Comment

Commenting is now closed.

This consultation was open from October 6, 2020
to November 20, 2020

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