Amendments to the Mine Development and Closure Regulation (O. Reg. 240/00)

ERO number
019-4450
Notice type
Regulation
Posted by
Ministry of Northern Development, Mines, Natural Resources and Forestry
Notice stage
Decision
Decision posted
Comment period
October 7, 2021 - November 21, 2021 (45 days) Closed
Last updated

This consultation was open from:
October 7, 2021
to November 21, 2021

Decision summary

The ministry has decided to amend O. Reg 240/00 to update an outdated reference to third-party guidance documents and correct an inappropriate chemical test for monitoring programs.

Decision details

We amended O. Reg 240/00 under the Mining Act (the “Regulation”) to update references to two third-party guidance documents and correct an inappropriate chemical test for monitoring programs.

Schedule 1 (the “Mine Rehabilitation Code” or the “Code”) of the Regulation outlines the minimum rehabilitation standards required for advanced exploration and mine production projects and provides details regarding the required content of closure plans and closure plan amendments.

References under Section 57(2) of the Code pertaining to reference documents for metal leaching and acid rock drainage were updated to reflect the most recent versions of nationally recognized guidance and standards documents for mine closure. Guidance documents are referenced on a rolling basis so that the Code remains up to date with current standards.

We also amended the Code to require proponents to test for ammonia, instead of ammonium, which is the appropriate chemical test.

We are not moving forward at this time with an amendment to remove the reference to the revoked regulation, O. Reg 560/94 (Effluent Monitoring and Effluent Limits –Metal Mining Sector) under s. 39(1)(b). Work is still ongoing on this proposed amendment and an update will be provided in the future. 

Comments received

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0

By email

1

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0
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Effects of consultation

Only one minor but supportive comment was received, therefore no changes were made to the proposal as a result of consultation.

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Sudbury, ON
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Original proposal

ERO number
019-4450
Notice type
Regulation
Posted by
Ministry of Northern Development, Mines, Natural Resources and Forestry
Proposal posted

Comment period

October 7, 2021 - November 21, 2021 (45 days)

Proposal details

We are proposing to amend O. Reg 240/00 under the Mining Act (the “Regulation”) to update references to two third-party guidance documents and correct an inappropriate chemical test for monitoring programs.

Schedule 1 (the “Mine Rehabilitation Code” or the “Code”) of the Regulation outlines the minimum rehabilitation standards required for advanced exploration and mining production projects and provides details regarding the required content of closure plans and closure plans amendments.

References under Section 57(2) of the Code pertaining to reference documents for metal leaching and acid rock drainage would be updated to reflect the most recent versions of nationally recognized guidance and standards documents for mine closure. Guidance documents would be referenced on a rolling basis so that the Code remains up to date with current standards.

The proposed amendment would update the Code to require proponents to test for ammonia, instead of ammonium, which is the appropriate chemical test. Having proponents monitoring water quality for ammonia will demonstrate their compliance with the Provincial Water Quality Objectives and other acceptable receiving water-based criteria.  

Currently, the references to these outdated documents in the Code create confusion between proponents and the Ministry.  The proposed changes will reduce the length of time for the ministry to review closure plans and amendments while upholding its regulatory mandate (helping the ministry meet its statutory requirement to complete reviews of closure plans and closure plan amendments within 45 days).

Consequential amendments are also required to remove the reference to O. Reg 560/94 (Effluent Monitoring and Effluent Limits –Metal Mining Sector) under s. 39(1)(b) as that regulation was revoked on July 1, 2021.

Amending the Regulation to refer to the correct chemical test and correct the references to outdated guidance documents will provide more clarity to proponents. The proposed amendments will reduce the frequent back-and-forth discussions about the interpretation of the Code between Ministry specialists, proponents and their consultants during the technical review process of closure plans and closure plan amendments, which ties up resources and slows down processes. This will ultimately reduce red tape.  

There are no anticipated costs, or cost-savings, to proponents or the ministry to implement this amendment. 

Supporting materials

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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 October 7, 2021
to November 21, 2021

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