Special Circumstances for the Exclusion of Time and Extension of Time in performing or filing assessment work

ERO number
019-3672
Notice type
Policy
Act
Mining Act, R.S.O. 1990
Posted by
Ministry of Northern Development, Mines, Natural Resources and Forestry
Notice stage
Decision
Decision posted
Comment period
May 13, 2021 - June 27, 2021 (45 days) Closed
Last updated

There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.

This consultation was open from:
May 13, 2021
to June 27, 2021

Decision summary

We have updated the Ministry’s policies regarding circumstances in which the holders of mining claims can receive orders that will extend or exclude time related to their requirement to perform and report on assessment work under the Mining Act

Decision details

The Mining Act was amended to give the Minister of Northern Development, Mines, Natural Resources and Forestry the ability to issue an exclusion of time or extension of time, without the claim holder needing to apply.  This allows the Minister to act proactively if there are unusual circumstances that affect multiple claim holders simultaneously. These amendments received royal assent on December 9, 2020.

The Ministry has a policy related to exclusions of time, and another policy related to extensions of time. Both of these policies were updated in order to reflect the recent amendments.

The policies outlined the circumstances where the Minister would consider issuing an exclusion of time or an extension of time without an application. There were also some other minor, editorial changes in order to make the exclusion and extension policies more consistent with each other in structure, and to correct some style and grammatical issues. Some sections were re-ordered to allow a more logical flow.

The Extension of Time Policy also now includes Subsection 138(2) of the Act that empowers the Recorder to grant an order for an extension of time on the Recorder’s own initiative, if MLAS was down for a period of time and claim holders were prevented from accessing the system, and appropriate notice of the downtime was not given.

The proposed policy is being made to ensure consistency with the legislative changes to the Mining Act made in Fall 2020.  There are no cost impacts to the legislative change and no cost impacts to the proposed policy changes.

 

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

The policies were posted due to prior communications undertaken with Indigenous communities and organizations and industry associations.  To ensure concerns were addressed, posting allowed the public another opportunity to comment on the revisions.

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.

Willet Green Miller Centre, Building B, 3rd Floor
Address

933 Ramsey Lake Road
Sudbury, ON
P3E 6B5
Canada

Connect with us

Contact

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
019-3672
Notice type
Policy
Act
Mining Act, R.S.O. 1990
Posted by
Ministry of Energy, Northern Development and Mines
Proposal posted

Comment period

May 13, 2021 - June 27, 2021 (45 days)

Why consultation isn't required

There is no significant impact to the environment based on the nature of the policies.

Proposal details

Under the Mining Act, claim holders are required to perform assessment work on their mining claims in order to keep the claims in good standing (unless exceptions apply that allow them to make payments in lieu of doing the work). They are also required to file reports to the Ministry describing that work.

In some circumstances, claim holders are unable to perform assessment work, or to report on that work. The Mining Act allows them to apply for an order extending the deadline for reporting on this work (an “extension order”). Alternatively, they can apply for an order that excludes a period of time (an “exclusion order”), which relieves the claim holder from the requirement to perform work for the excluded period.

Recently, the Mining Act was amended to give the Minister of Energy, Northern Development and Mines the ability to issue an exclusion of time or extension of time, without the claim holder needing to apply.  This allows the Minister to act proactively if there are unusual circumstances that affect multiple claim holders simultaneously. These amendments received royal assent on December 9, 2020.

The Ministry has a policy related to exclusions of time and another policy related to extensions of time, but both of these policies need to be updated in order to reflect recent amendments. Although there is no significant impact to the environment, we are posting these policies to allow the public an opportunity to comment on the revisions.

The proposed updated policies explain the circumstances where the Minister would consider issuing an exclusion of time or an extension of time without an application. There have also been some other minor, editorial changes in order to make the exclusion and extension policies more consistent with each other in structure, and to correct some style and grammatical issues. Some sections have been re-ordered to allow a more logical flow.

The Extension of Time Policy has been updated to include Subsection 138(2) of the Act that empowers the Recorder to grant an order for an extension of time on the Recorder’s own initiative, if MLAS was down for a period of time and claim holders were prevented from accessing the system, and appropriate notice of the downtime was not given.

The “supporting material” section includes drafts of the proposed updated policies.  In addition, for ease of reference, we have provided “blackline” versions that show the proposed changes from the existing versions of the policies, except for the section re-ordering.

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 May 13, 2021
to June 27, 2021

Connect with us

Contact