Streamlining environmental permissions for mineral exploration

Ontario has been taking action to modernize its environmental permission processes to help advance mineral exploration and development projects, support economic development and make Ontario more competitive while continuing to protect human health and the environment.

We are proposing to exempt proponents from having to obtain environmental permissions from the Ministry of the Environment, Conservation and Parks (the ministry) for certain low-risk early exploration activities and aspects of advanced exploration projects, while maintaining environmental protections.

Proponents would continue to be subject to permitting requirements under the Mining Act and regulations, such as requiring early exploration plans and permits for early exploration activities and closure plans for advanced exploration activities, which generally include terms and conditions that are protective of the environment.

We are also proposing to clarify the definition of a construction site in the water taking Environmental Activity and Sector Registration (EASR) regulation, to address questions about who is eligible for EASR registration.

These proposed changes would reduce burden and duplicative requirements for the mining sector, including critical mineral development projects, which will create jobs and stimulate local economies. This proposal aligns with the Protect Ontario by Unleashing Our Economy Act, 2025 and Ontario’s Critical Minerals Strategy to reduce red tape and duplicative processes.

Proposed Regulatory Changes

The sections below describe the proposed regulatory changes, including details of the proposed exemptions and requirements that would have to be met for proponents to qualify for an exemption. These proposed requirements are consistent with existing requirements that proponents must typically meet when applying for a permission from the ministry.

1. Proposed amendments to Ontario Regulation 525/98 under the Ontario Water Resources Act, R.S.O. 1990

Sewage approval exemption for early exploration

The ministry is proposing to exempt proponents from the requirement to obtain an Environmental Compliance Approval (ECA) for sewage works related to low-risk early exploration activities subject to the following proposed criteria:

• sewage works are not for the purpose of treating sanitary sewage
• proponent has an active early exploration plan or obtained an early exploration permit under the Mining Act for the early exploration activity

Proponents carrying out any exploration activities in accordance with a plan or permit would continue to be subject to:

• Ontario Regulation 308/12 (O. Reg. 308/12) including a requirement under Schedule 1 to maintain early exploration sites in a clean and safe condition
• the applicable requirements in the Provincial Standards for Early Exploration (the Provincial Standards) that apply to the activities being conducted, and any additional terms and conditions in the permit that may be included on a case-by-case basis such as requirements to sample surface water
  • The Provincial Standards are based on environmental practices associated with certain types of early exploration activities and the prevention of impairment or contamination of nearby watercourses
• any applicable requirements under Regulation 903 (Wells Regulation) would continue to apply, such as requirements for the drilling of wells as part of any early exploration drilling

2. Proposed amendments to Ontario Regulation 387/04 under the Ontario Water Resources Act, R.S.O. 1990

Permit to take water exemption for early exploration

The ministry is proposing to exempt proponents from being required to obtain a Permit to Take Water (PTTW) for certain water taking activities related to early exploration activities subject to proposed eligibility criteria and operational requirements. These criteria are based on the water body’s type, size and stream order (classification of streams based on number and type of tributaries).

Eligibility criteria

• The water taking must be directly related to early exploration activities that are subject to an early exploration plan or permit
• If water is taken from a surface water body, the surface water body must be a lake, pond or a permanent stream and meet the following criteria:
  1. For lakes, the surface area of the lake should be greater than 10 hectares.
  2. Ponds should not be connected to another water body that is a creek, stream or river.
  3. Permanent streams must be a stream order of three or greater.
• If the water body is a permanent stream, the instantaneous rate of water taking should not exceed 5% of the stream flow rate at the point of the water taking, calculated within the previous seven days before the taking of water

Operational requirements

• all surface water takings would be required to have an intake structure
• any water taken would be required to be returned to the same watershed from which it was taken
• any ground water takings would be required to not impact surrounding ground water and surface water features and other water users that could be impacted by the water taken or by the quantity or quality of the water discharged
• erosion and sediment control measures would be required to be implemented and maintained to minimize erosion, scouring and sedimentation from occurring as a result of the discharge
• the turbidity of the discharge, if it reaches a water body, would be required to not exceed 8 Nephelometric Turbidity Units above the background levels of the nearest water body and have no visible petroleum hydrocarbon film or sheen present

Environmental protection would be maintained through the proposed requirements that have to be met to qualify for an exemption, proposed operational requirements, the requirements under O. Reg. 308/12 to comply with the Provincial Standards for Early Exploration, and any applicable terms and conditions that are included in early exploration permits.

3. Proposed amendments to Ontario Regulation 524/98 under the Environmental Protection Act, R.S.O. 1990

The ministry is proposing to exempt proponents from requiring an ECA for air and noise emissions for early exploration activities and certain aspects of an advanced exploration project subject to certain requirements below.

Early exploration activities and some aspects of advanced exploration are time-limited and produce air and noise emissions that are similar to those of drilling and blasting of a building or structure, which are currently exempted from requiring an air and noise ECA.

Air and noise emissions exemption for early exploration

The ministry is proposing to exempt proponents from requiring an ECA for air and noise emissions from early exploration activities, if an active early exploration plan has been submitted or if an early exploration permit has been issued under the Mining Act.

Air and noise exemption for advanced exploration projects

The ministry is proposing to exempt proponents from requiring an ECA for air and noise emissions arising from certain aspects of advanced exploration subject to the following proposed criteria:

• air and noise emission sources are not located within 1,000 metres of a sensitive receptor if no blasting is conducted on the site
• air and noise emission sources are not located within 2,000 metres of a sensitive receptor if blasting is conducted on the site, and
• there is a filed closure plan for the advanced exploration project

For the purposes of this proposed exemption, sensitive receptors would include a school, childcare centre or any residence or facility at which at least one person sleeps (including long-term care homes, hospitals, trailer parks or campgrounds). This is consistent with the definition of a sensitive receptor under the Aggregate Resources Act. This would not include sensitive receptors associated with advanced exploration projects such as worker camps. Occupational health and safety requirements such as occupational air quality exposure limits under the Occupational Health and Safety Act (OHSA) would continue to apply such as limits for respirable silica.

4. Proposed amendments to Ontario Regulation 63/16 under the Environmental Protection Act, R.S.O. 1990

The ministry is proposing regulatory amendments to Ontario Regulation 63/16 to clarify which prescribed water taking activities can be registered by a proponent on the EASR. Currently, the regulation defines a construction site as “a site at which construction occurs but does not include a site that is associated with mines, mine development, mine reclamation, pits or quarries”.

The intent of this definition was to exclude proponents from self-registering water taking activities at sites that are located at mines, mine developments, mine reclamation, pits, or quarries. It was not intended to exclude projects that are ancillary to or associated with mineral development projects, such as highways built to access a proposed or existing mine, or mine reclamation. Based on recent feedback from the industry, amendments are proposed to clarify this definition.

Discussion questions:

If the ministry makes the proposed changes, what benefit and cost savings would the exemptions provide for mineral exploration and development, including operations?

Protecting the environment

Environmental impacts will be mitigated as proponents would still be required to obtain permissions under the Mining Act, which typically include environmentally protective requirements including complying with Provincial Standards for Early Exploration. As described in sections above, the proposed exemptions would also be subject to environmentally protective requirements and criteria such as proposed setback distances, effluent criteria and erosion and sediment control measures. If operations cannot meet these environmentally protective criteria, then environmental permissions such as ECAs and PTTWs may continue to be required.

The ministry will continue to retain the ability to inspect activities to confirm that the proposed requirements to qualify for an exemption are met and to take action if there is an adverse impact.

Background

Mineral exploration:

Early exploration activities are undertaken to assess the mineral potential of a site. These activities may include line cutting, geological mapping, geophysical and geochemical surveys, pitting and trenching, stripping and drilling.

An advanced exploration project involves additional activities that go beyond the thresholds of early exploration activities to determine the economic viability of a mineral deposit. These activities may include but are not limited to: excavation of an exploratory shaft, excavation of material in excess of 1000 tonnes and reopening of underground mine workings.

Current permissions that are required:

Depending on the type of proposed activity, proponents may require several types of permits, authorizations and approvals before undertaking mineral exploration activities or advanced exploration including:

• ECAs
• PTTWs (for takings above 50,000 litres per day)
• closure plans
• early exploration plans or permits

The early exploration plans and permits, and advanced exploration closure plans address factors such as environmental protection and provide opportunities for stakeholder and Indigenous engagement as applicable. For early exploration activities, proponents are also required to comply with the Provincial Standards for Early Exploration.

Public consultation opportunities

This proposal has been posted for a 60-day public review and comment period. We encourage interested parties to make comments on this proposal. Comments made on this proposal will be considered before making a decision.

Regulatory impact assessment

The proposed regulatory changes would remove the requirement to obtain ECAs and PTTWs for certain mineral early exploration activities and some aspects of advanced exploration projects, which would reduce time, costs and resources that proponents spend obtaining permissions from the ministry.

This proposal is expected to reduce burden and duplicative requirements for the mining industry and streamline approvals, which:

• supports efforts to accelerate critical mineral development in Ontario
• boosts the province’s economy
• supports job creation

We are working to develop a regulatory impact assessment to determine potential costs or estimated savings related to this proposal.