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
Notice stage
Proposal
Proposal 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

Proposal summary

We want to amend the Mining Act 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 proposal.

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

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Comment

Commenting is now closed.

The comment period was from April 15, 2021
to May 25, 2021

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