Amendment of the Mining Act to enable a more streamlined approach to authorizing the sale of end product from bulk samples

ERO number
019-3506
Notice type
Act
Act
Mining Act, R.S.O. 1990
Posted by
Ministry of Energy, Northern Development and Mines
Transferred to
Ministry of Mines
Notice stage
Decision
Decision posted
Comment period
April 15, 2021 - May 25, 2021 (40 days) Closed
Last updated

This consultation was open from:
April 15, 2021
to May 25, 2021

Decision summary

The Mining Act was amended to enable regulations to establish a “permit by rule” model, allowing claim holders to sell the end product of a bulk sample and retain proceeds, provided that certain conditions are met.  There are no anticipated environmental impacts associated with this decision.

Decision details

What is Section 52 of the Mining Act

Subsection 52(1) of the Mining Act requires mining claim holders to obtain the Minister’s permission before they extract a bulk sample for testing. A further permission, under subsection 52(4), is required for the end product of that bulk sample to be sold.

What change were made?

Legislative amendments to the Mining Act were made to enable regulations that would establish a “permit by rule” model, allowing claim holders to sell the end product of a bulk sample, and retain proceeds, provided that certain conditions are met. The relevant amendments to the Mining Act will be proclaimed once the related regulations have been developed and filed.

This will provide proponents with clarity and certainty regarding the retention of proceeds from bulk samples and will facilitate early exploration and advanced exploration projects.

There are no anticipated costs, or cost-savings, to proponents to comply with these amendments. The amendments are not expected to impact small businesses and are not expected to result in a change of annual costs. However, greater clarity regarding the permission to sell the end product of a bulk sample, and any retention of proceeds, may help proponents offset a portion of the costs of early or advanced exploration on their mining claim.

Comments received

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Effects of consultation

No comments were received therefore, consideration of comments was not required.

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Original proposal

ERO number
019-3506
Notice type
Act
Act
Mining Act, R.S.O. 1990
Posted by
Ministry of Energy, Northern Development and Mines
Proposal posted

Comment period

April 15, 2021 - May 25, 2021 (40 days)

Proposal details

What is Section 52 of the Mining Act

Subsection 52(1) of the Mining Act requires mining claim holders to obtain the Minister’s permission before they extract a ‘bulk sample’ for testing. A further permission, under subsection 52(4), is required in order for the end product of that bulk sample to be sold (unless the claim is taken to lease). 

What change are proposed?

Legislative amendments to the Mining Act would enable regulations that would establish a “permit by rule” model, allowing claim holders to sell the end product of a bulk sample, and retain proceeds, provided that certain conditions are met. 

This will provide proponents with clarity and certainty regarding the retention of proceeds from bulk samples and will facilitate early exploration and advanced exploration projects.

There are no anticipated costs, or cost-savings, to proponents to comply with these proposed amendments. The proposed amendments are not expected to impact small businesses and are not expected to result in a change of annual costs. However, greater clarity regarding the permission to sell the end product of a bulk sample, and any retention of proceeds, may help proponents offset a portion of the costs of early or advanced exploration on their mining claim.

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 April 15, 2021
to May 25, 2021

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