Algoma Ferrous Industries Inc. - Order to file a certified closure plan to rehabilitate a mine hazard

Instrument type: Order to file a certified closure plan to rehabilitate a mine hazard

ERO number
019-8087
Notice type
Instrument
Act
Mining Act, R.S.O. 1990
Posted by
Ministry of Mines
Notice stage
Decision
Decision posted
Comment period
January 8, 2024 - February 7, 2024 (30 days) Closed
Last updated

This consultation was open from:
January 8, 2024
to February 7, 2024

Decision summary

The Ministry is issuing a Minister’s Order to Algoma Ferrous Industries Inc., under subsection 147(1) of the Mining Act, to file a closure plan to rehabilitate mine hazards at the MacLeod Mine site. The result would be the receipt of a closure plan for the rehabilitation of mine hazards, including associated financial assurance.

Location details

Site address

Wawa, ON
Canada

Site location details

MacLeod Mine site is located adjacent to the Magpie River, in the Algoma District, immediately northeast of the town of Wawa, and includes the mining properties commonly referred to as the Victoria Pit and the George W. MacLeod Mine, collectively the MacLeod Mine.

The proposed Minister’s Order would cover certain properties within the MacLeod Mine site, as set out in the draft Order.

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Algoma Ferrous Industries Inc.
135 Queens Plate Drive
Suite 600
Toronto, ON
M9W 6V7
Canada

Decision details

The Ministry is issuing a Minister’s Order to Algoma Ferrous Industries Inc., under subsection 147(1) of the Mining Act, to file a closure plan to rehabilitate mine hazards at the MacLeod Mine site. The result would be the receipt of a closure plan for the rehabilitation of mine hazards, including associated financial assurance.

Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

Algoma Ferrous Industries Inc. would need to consult with Michipicoten First Nation based on the location of the property and mines hazards listed in the Proposal being within Michipicoten First Nations Core Territory, and having been previously consulted on for the site. MINES acknowledged the comment and updated the Minister’s Order section 3.2 and 3.4 stating the consultation including but not limited to direction regarding consultation with Michipicoten First Nation.

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.

Ministry of Mines
Address

933 Ramsey Lake Road
Sudbury, ON
P3E 6B5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from May 21, 2024 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

Start the process to appeal

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON 
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)


Proponent(s)

Algoma Ferrous Industries Inc.
135 Queens Plate Drive
Suite 600
Toronto, ON
M9W 6V7
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-8087

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
019-8087
Notice type
Instrument
Act
Mining Act, R.S.O. 1990
Posted by
Ministry of Mines
Proposal posted

Comment period

January 8, 2024 - February 7, 2024 (30 days)

Proposal details

The Ministry of Mines is considering issuing a Minister’s Order to Algoma Ferrous Industries Inc. (AFI) under subsection 147(1) of the Mining Act, to submit a closure plan for the rehabilitation of mine hazards at the MacLeod Mine.

The rationale for proposing to issue the Order is set out in the recitals to the draft Director’s Order. In short, and as more particularly described in the recitals to the draft Minister’s Order:

  • AFI is the owner of the site in fee simple and is therefore a proponent of the site for the purposes of the Mining Act.
  • The site contains mine features that have not been rehabilitated to the prescribed standards. These mine features include, but are not limited to, openings to surface, open pits, underground workings, crown pillars, tailings and tailings dams, waste rock piles, fuel buildings and infrastructure, and waste.
  • There is an existing mine production closure plan for the site, last updated in 2008, in the name of a prior owner of the site. The prior owner is now insolvent, and the Ministry has been performing rehabilitation measures set out in that closure plan, including the operation of a water treatment plant, since 2018. The financial assurance associated with this closure plan has been exhausted and the closure plan is materially deficient in other ways.

A Director’s Order under subsection 147(1) of the Mining Act is an instrument for the purposes of the Environmental Bill of Rights; this posting relates to the proposal to issue that instrument.

You are invited to comment on the proposal, including the proposed terms in the draft copy of the Minister’s Order included in this posting.

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.

Ministry of Mines
Address

933 Ramsey Lake Road
Sudbury, ON
P3E 6B5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from January 8, 2024
to February 7, 2024

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