A proposal to amend regulations under the Mining Act regarding the closure plan amendment 45-day service standard.

The ministry received comments from:

• Members of the public
• Interested stakeholders
• Indigenous community

The ministry received a technical question for clarification about “cross-referencing” and what type of changes to language would be made in the regulations. When legislation is being amended, such as what we are doing with the Mining Act by introducing a 45-day review period for closure plan amendments, those legislative amendments may require that the language in other regulations, embedded in other provincial legislation, be modified to align with the amended legislation, to enable it to be effectively implemented. The amendments under the Environmental Bill of Rights and the Endangered Species Act will be updated so that its language is consistent with that of the legislative changes to the Mining Act. To provide a few examples:

• The legislative changes to the Mining Act include changes made to subsection numbers, and so the regulatory change to O. Reg 681/94 is designed to ensure that the correct subsection numbers are referenced.
• Since the legislative changes to the Mining Act are introducing a 45-day review period for Closure plan amendments, the changes in O. Reg 681/94 ensure that the same language is being used as is in the Mining Act.

The ministry received comments about imposing additional standards to the other elements of the closure plan amendment review process. The ministry has taken these suggestions into consideration and is continuing to update internal procedures to allow for a timelier response to closure plan amendments.

The ministry also received a comment about how the 45-day service standard would impact Aboriginal consultation. The new 45-day review period only starts once the proponent provides ENDM with its final draft of a closure plan amendment, which includes a record of consultation with Aboriginal communities. Therefore, the closure plan amendment can only be submitted once consultation with Aboriginal communities has taken place and the Director of Mine Rehabilitation is satisfied that consultation has been completed.

Lastly, the ministry received a comment about enacting a service standard for industry to submit closure plan amendments. Mechanisms already exist under the Mining Act within Part VII, requiring industry to submit Notice of Material Change forms to notify the ministry of proposed changes to the existing Closure Plan.

The amendments under Bill 132 provide greater certainty and a more predictable approval process by requiring closure plan amendments to be processed in 45 days. These changes also align with current closure plan processes. Prior to the start of the 45-day review period, ENDM must be satisfied that appropriate consultation with Aboriginal communities has been carried out.

The Regulatory Impact Analysis (RIA) does not identify any anticipated costs, or cost-savings, to proponents or to ENDM to implement these regulatory amendments. In addition, there are no anticipated costs, or cost-savings, to proponents to comply with these amendments; however, the changes will improve mineral development proponents’ ability to plan by creating more business certainty. The proposed amendments are not expected to impact small businesses fiscally and is not expected to result in a change of annual costs.