Proposed Building More Mines Act, 2023

Consultations on the proposed changes from Bill 71, the Building More Mines Act 2023, through the ERO took place from March 2, 2023 to April 16, 2023 (45 days). In total, 53 comments were posted via the EBR and 2,366 by email (2348 were form letters received as part of a letter-writing campaign). Comments were received from the public, Indigenous organizations, advocacy groups, business and industry.

This posting was updated to provide the number of comments received by email. The comments received were considered and reflected in the decision details.

The comments received can be grouped into the following three proposed amendments:

1.    Closure Plans

2.    Recovery of Minerals Framework

3.    Decision-making

1. Closure Plans

Comments from individuals and organizations regarding closure plans were concerned that the changes to closure plan filling will remove ministry oversight and reduce standards for closure planning which would result in negative impacts on the environment. Respondents also expressed concern that the changes to filing closure plans through phased financial assurance could result in increased financial liabilities for the province. Additionally, respondents expressed concern that the government will not meet its obligations regarding the duty to consult with Indigenous peoples.

Comments submitted by proponents strongly supported the changes to closure plans. They were encouraged by the governments efforts to allow for flexibility when filing closure plans and making amendments to a closure plan after they are filed.

Response: The changes to closure planning align with the purpose of the Mining Act which includes encouraging prospecting, registration of mining claims and exploration for the development of mineral resources, in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights (including the duty to consult) and to minimize the impact of these activities on public health and safety and the environment.  

While the ministry will no longer be conducting technical reviews of closure plans prior to filing, the plans will be certified by Qualified Persons where appropriate.  The Ministry will ensure certifications are provided by appropriately qualified individuals.

Amending the Mining Act to update the process of providing financial assurance will allow proponents to submit financial assurance associated with their closure plan in phases to match the development/ construction schedule of the site. New mining features would not be constructed until the schedule and financial assurance was provided to the ministry.  If the proponent fails to comply with the required phasing, the Minister has the ability to require, in the prescribed manner, that the proponent promptly provide the outstanding financial assurance.

Consultation with First Nations will continue to occur where the duty to consult is triggered by closure plans and closure plan amendments.

 2. Recovery of Minerals Framework

Comments from individuals, organizations, and others expressed concern with replacing the requirement that the land be “improved” with a requirement that the land be made “comparable to or better than” the prior condition – in each case, with respect to one or both of public health and safety or the environment. Commenters believe this will result in mining proponents leaving the land in a worse state than it was originally.

Comments submitted by mining companies were in support of the changes to the recovery of minerals framework. Proponents indicated that these changes would significantly shorten the time it would take to complete projects.

 Response: During consultation, the government acknowledged that the phrasing in the Bill (with respect to one or both of public health and safety or the environment) was unclear and could be misinterpreted.  During Standing Committee review of the Bill, the provision in the Bill was amended to remove the ‘one or both’ framing. The government believes in prioritizing public health, safety, and the environment.

The amendments change the requirement from “improved” to requiring the land condition to be comparable or better after recovery and remediation activities, removing ambiguity around the term improved and providing greater flexibility for applicants.

 3. Decision-Making

Comments submitted by proponents welcomed the change to move decision-making from the Director of Mine Rehabilitation to the Minister. Proponents agreed that this will speed up decision-making while still ensuring the proper protections are taken.

Comments from individuals and organizations found the proposed changes to be concerning. Particularly, many commenters argued that moving the decision-making power from a government appointed official to a politically elected official could lead to political interference.  Additionally, there is concern that while the current Minister has a background in the mining field, not every Minister responsible for making these decisions may be an expert in mining and may lack the necessary expertise to inform their decisions.

Response: The changes to decision-making authority provide the Minister with the statutory authority to make decisions under Part VII of the Mining Act regarding mine rehabilitation or decisions related to early exploration. This will align Ontario’s decision-making authority with that of other provinces. Decisions made by the Minister must be consistent with the purpose of the Act and would take into account the same factors and considerations as the Director currently does.

Ministry staff would provide advice and make recommendations to the Minister for any decision the Minister makes, as is the existing practice for decisions where the Minister is already the specified decision maker. Additionally, the Minister would have the flexibility to delegate day-to-day decision-making to others within the Ministry using existing delegation powers. There already exist many instances within the Mining Act in which the Minister is the specified decision maker but has delegated those decisions to Ministry staff.