Proposed amendments to the Mining Act 1990, Electricity Act 1998, and Ontario Energy Board Act 1998, to protect Ontario’s Economy and Build a More Prosperous Ontario.

MEM is seeking feedback on legislative and regulatory amendments to the Mining Act, 1990, Electricity Act, 1998 and Ontario Energy Board Act, 1998 through Bill 2, Protect Ontario by Unleashing Our Economy Act, 2025. This Bill if passed, would make several amendments to these Acts including legislating a new One Project, One Process (1P1P) approach intended to reduce government review time for designated mine projects that require permits and authorizations from multiple ministries, legislating new authorities to help secure strategic national mineral supply chains, and creating regulation-making authority limiting foreign jurisdiction's participation in Ontario’s energy sector. More details on each of these initiatives follows.

1. Legislating a One Project, One Process (1P1P) Approach for Mine Permitting

This proposal, if passed, would enshrine in legislation a new process for the coordination of permitting for designated mine projects, moving from a state where mining proponents engage with multiple permitting ministries and Indigenous communities on each activity separately and in isolation, towards an integrated and coordinated approach  where the whole project would be considered by ministries in parallel with dedicated project management support.

 Key elements of the proposed legislative changes for the 1P1P approach include:

• Granting the Minister of Energy and Mines the authority to establish a Mine Authorization and Permitting Delivery Team (MAPDT) for mine projects to be designated by the Minister.
  • Granting the Deputy Minister of Energy and Mines the authority to appoint a Team Lead for each MAPDT.
  • Requiring the MAPDT to work with the proponent once all required information has been submitted to prepare an integrated authorization and permitting plan, and to coordinate the application, review, and decision-making processes among ministries to expedite the application, review and decision making processes for the permits and authorizations specified in the plan.
  • Establishing regulation-making authority for the Lieutenant Governor in Council (LGIC) to prescribe service standards to be met by any ministry under any Act for permits and authorizations specified in the plan.
    • Such regulations may specify whether a proponent is entitled to the refund of any fees for failure to meet those service standards, as may be prescribed.
    • Any service standards prescribed by the LGIC would not apply to the time required for:
      • any efforts by the Crown to fulfil the duty to consult with Aboriginal communities after the consultation has commenced
      • the proponent to complete its application and satisfy requirements,
      • the time to complete the environmental assessment requirements; and
      • land disposition requirements or processes under the Mining Act and any other Act.
  • In addition to the proposed legislative changes, the Deputy Minister of MEM would set out criteria for the activities of the MAPDTs to ensure dedicated support for designated mining projects.

MEM would also proceed with establishing regular tracking, monitoring, and reporting of any applicable service standards for mine development permits and authorizations.

Mining projects in Ontario are regulated by several ministries, each dealing with different permits or authorizations separately. This means that both project proponents and Indigenous communities may go through multiple, repetitive processes on a permit by permit basis. The new proposal aims to streamline these processes, reducing duplication and delays by taking a project level approach.

There are no anticipated environmental impacts resulting from the proposed changes to the Mining Act, 1990. If the proposed change is passed, proponents would continue to be subject to the requirements as outlined under the Mining Act framework, which includes the Mine Rehabilitation Code. Proponents would also continue to be subject to the requirements as set out by the other permitting ministries.  

2.  Limiting Foreign Jurisdictions’ Participation in Ontario’s Economy

Initiatives have been proposed by MEM and partner ministries to secure Ontario’s economy from threats by foreign antagonists, including protecting the energy sector against risks of malware, manipulation, tampering, extortion, surveillance, rate payer harms, and other prospective threats directly or by extension from a foreign state-owned enterprise, as well as the mining sector and protecting the strategic national mineral supply chain.

Protecting the Strategic National Mineral Supply Chain

MEM proposes to make legislative changes to the Mining Act,1990 that, if passed, would introduce new tools to allow Ontario to take action to protect the strategic national mineral supply chain. The proposed changes include:

• Amending the purpose of the Mining Act, 1990 to refer to the protection of Ontario’s economy.
• Providing the Minister with the authority to suspend or shut down all or some functions of the MLAS where desirable to protect the strategic national mineral supply chain.
  • The Minister would consider any risk assessment provided by the Ministry of the Solicitor General, the economic interests of Ontario, and any prescribed factors in making these decisions.
• Allowing the Minister to make an order in respect of the following, if in the opinion of the Minister it is desirable to protect the strategic national mineral supply chain:
  • Suspend, restrict, or terminate MLAS accounts and prospector’s licenses.
  • Prohibit a person from registering as a user on MLAS or obtaining a prospector’s license. 
  • Deny a lease issuance.
  • Subject to the prior Lieutenant Governor in Council approval, cancel or revoke unpatented mining claims or licenses of occupation, and terminate leases.
  • In making an order, the Minister would consider any risk assessment provided by the Ministry of the Solicitor General, the economic interests of Ontario, and any prescribed factors in making these decisions.

We are proposing these changes to protect Ontario’s mineral resources and the strategic national mineral supply chain.

There are no anticipated environmental impacts as a result of these proposed changes to the Mining Act, 1990.

Limiting Foreign Jurisdictions’ Participation in Ontario’s Energy Sector

MEM is additionally proposing legislative amendments, under the Electricity Act, 1998 and the Ontario Energy Board Act, 1998 to:

• Establish regulation-making authority to enable MEM to limit the participation of foreign jurisdictions in Ontario’s electricity sector (i.e., specifically as it relates to foreign equipment, systems, services, facilities or technologies). In addition, MEM proposes legislative updates to the Minister’s directive making authority to align with this approach.
• This approach would allow the government to achieve its commitment to keep the province’s energy supply safe and secure by limiting the involvement of foreign antagonists in Ontario’s electricity sector as deemed appropriate by the government. In addition, this proposal would enable a mechanism to respond to future trade restrictions imposed by other countries which target the Canadian/Ontario economy.
• MEM currently has authority to direct on matters relating to electricity procurement, but the proposal for these new authorities would formalize the government’s ability to outline specific parameters pertaining to the country, region or territory of origin and their abilities to participate in Ontario’s electricity sector. Note: With respect to resource procurements, MEM’s proposal to limit foreign participation in the energy sector would focus on future resource procurement activities not processes already launched, awarded and being implemented.
• Success of this proposal would be directly monitored through future electricity procurement processes launched via IESO and other energy sector entities.

MEM’s proposal would allow the government to achieve its commitment to keep the province’s energy supply safe and secure by limiting participation or components from companies or entities from specific countries (or foreign state-owned enterprises) in Ontario’s energy sector (i.e., to protect against risks of malware, manipulation, tampering, extortion, surveillance, rate payer harms and other prospective threats directly or by extension from a foreign state-owned enterprise). 

There are no anticipated environmental impacts as a result of these proposed administrative changes to the Electricity Act, 1998 or the Ontario Energy Board Act, 1998.

Anticipated Results:

The Ministry anticipates this will lead to a clearer, more streamlined process for mining project proponents and ensure greater security over Ontario’s resources.

       Regulatory impact analysis/statement (mandatory for Regulations)

Legislating a One Project, One Process (1P1P) Approach for Mine Permitting

It is not anticipated that this proposal will have regulatory impacts as it provides the authority for MEM to establish MAPDT and does not create new impacts on business. Upon issuing any new regulations associated with this proposed amendment, further regulatory impact assessments would be undertaken.

Protecting Mining Industry from Foreign Antagonists

It is not anticipated that this proposal will have regulatory impacts on the mining sector or the general public in this stage of the proposal.

Immediate outcomes of this proposal include acting, if desirable, to protect the strategic national mineral supply chain.

Limiting Foreign Jurisdictions’ Participation in Ontario’s Economy

It is not anticipated that this proposal will have regulatory impacts on the sector or the general public in this stage of the proposal. Upon issuing new regulations and/or Minister’s Directives associated with this amendment, further regulatory impact assessments would be undertaken.

Immediate outcomes of this proposal include solidifying MEM’s authority to provide direction to the energy sector at a future date related to foreign participation in energy procurements.