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Bill 71, Building More Mines Act, 2023

Pirie, Hon. George Minister of Mines

Royal Assent received. Statutes of Ontario 2023,

chapter 6

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Bill 71 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 71 and does not form part of the law.

Bill 71 has been enacted as

Chapter 6 of the Statutes of Ontario, 2023.

The

Bill amends the Mining Act .

The

Act is amended to provide for certain powers exercised by public servants

appointed for the purpose to be exercised by the Minister of Mines instead:

Section

78 is amended to permit the Minister to exercise any power and perform any duty

of a Director of Exploration under the Act in place of the Director.

Part

VII is amended to remove the position of Director of Mine Rehabilitation and to

give the powers and duties of the Director of Mine Rehabilitation to the

Minister. A number of amendments are made to the French version of the Act to

reflect the change.

Most

of the remaining amendments in the Bill are made to or are in relation to

Part

VII of the Act (Rehabilitation of Mining Lands), including the following:

1. The

definition of “rehabilitate” in subsection 139 (1) is re-enacted to provide for

different rehabilitation outcomes. Complementary amendments are made to the

definition of “protective measures”, which forms part of rehabilitation.

Section

140 is amended to provide that a closure plan respecting advanced exploration

may be filed even if it does not meet the requirements of the Act and the

regulations, if the proponent obtains an order from the Minister permitting the

filing. The order must provide that the outstanding requirements be met within

the period specified by the Minister in the order, and may be subject to

amendments are made to

section 141 in relation to the filing of a closure plan

respecting mine production and to

section 143 in relation to the filing of an

amendment to a filed closure plan.

3. Provisions

are added to sections 140, 141 and 143 to expressly provide that regulations

setting out the requirements for a submitted closure plan or amendment to a

closure plan may require that a statement to be included in the closure plan or

amendment be certified by a qualified person or other individual specified by

the regulations. A definition of “qualified person” is added to subsection 139

(1).

4. Subsection

144 (2) of the Act is re-enacted to limit the number of circumstances in which

a proponent must give notice of a material change in respect of a project.

Section

145 is amended to expressly take into account phased financial assurance.

6. A

new subsection 145 (6.3) provides that if the Minister approves a change to the

financial assurance in a proponent’s closure plan, an amendment to the closure

plan indicating the change is deemed to have been filed. This removes any need

for the proponent to propose an amendment to the filed closure plan under

section 143 respecting the change.

7. Subsections

145 (2) to (5), dealing with the realization of security on the basis that a

rehabilitation measure has not or will not be carried out, are re-enacted as a

new

section

Section

152.1, dealing with recovery of minerals or mineral bearing substances and subsequent

remediation of land, currently provides that the remediation must be such that the

condition of the land with respect to one or both of public health and safety

or the environment is improved following the remediation, as determined by the

Director of Mine Rehabilitation. The section, which is not yet in force, is

amended so that it will instead provide that the condition of the land

following remediation must be comparable to or better than it was before the

recovery with respect to both public health and safety and the environment, as

determined by the Minister.

9. Subsection

153.2 (7) is enacted so that, if the Minister transfers a proponent’s filed

closure plan to another person, an amendment to the closure plan indicating the

transfer is deemed to have been filed. This removes any need for a person to

propose an amendment to the filed closure plan under

section 143 respecting the

transfer.

Various

complementary amendments are made to the Act, including the re-enactment of the

regulation-making authority specific to

Part VII (subsection 176 (2)) and the

enactment of a transitional regulation-making authority (subsection 176

(1.1.1)).

Bill 71 2023

Act to amend the Mining Act

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

(1) Section 1 of the Mining Act is

amended by striking out “Director of Mine Rehabilitation” wherever it appears

and substituting in each case “Minister”.

(2) The

definition of “Deputy Minister” in subsection 1 (1) of the Act is repealed and

the following substituted:

“Deputy

Minister” means the Deputy Minister of the Ministry; (“sous-ministre”)

(3) Clause

(

a) of the definition of “Minister” in subsection 1 (1) of the Act is amended

by striking out “Minister of Northern Development and Mines” and substituting

“Minister of Mines”.

Section 4 of the Act is amended by adding the following subsection:

Exception

(5.0.1) Subsection

(5) does not apply to a power or duty set out in subsection 78 (2).

Section 78 of the Act is amended by adding the following subsections:

Minister

may act instead of Director of Exploration

(2) The

Minister may exercise any power and perform any duty of a Director of

Exploration under this Act in place of the Director.

Same,

interpretation

(3) For

the purposes of subsection (2), if the Minister exercises a power or performs a

duty of a Director of Exploration, a reference in any Act or regulation to a

Director of Exploration in respect of the exercise or performance shall be read

as a reference to the Minister.

Paragraph 2 of subsection 138 (1) of the Act is repealed.

(1) The definition of “Director” in subsection 139 (1) of the Act is

repealed.

(2) The definition of “protective

measures” in subsection 139 (1) of the Act is amended by adding “subject to

subsection (1.1)” at the end.

(3) Subsection

139 (1) of the Act is amended by adding the following definition:

“qualified

person” means an individual who meets the prescribed requirements; (“personne

compétente”)

(4) The

definition of “rehabilitate” in subsection 139 (1) of the Act is repealed and

the following substituted:

“rehabilitate”

means to take measures, including protective measures, in accordance with the

prescribed standards, subject to subsection (1.1), to treat a site or mine

hazard so that the use or condition of the site,

(

a) is

restored to its former use or condition to the extent required by the

prescribed standards, or

(

b) is

changed to a different use or condition that the Minister determines, in

accordance with the regulations,

(

i) is

or will be compatible with the use of adjacent land, or

(ii) is

suitable for a future use of the site determined by the Minister; (“réhabiliter”)

(5) Section 139 of the Act is

amended by adding the following subsection:

Interpretation, prescribed standards

(1.1) For

the purposes of this Part, the prescribed standards referred to in the

definitions of “protective measures” and “rehabilitate” in subsection (1) are the

prescribed standards, subject to any exemptions authorized by regulations made

under clause 176 (2) (

f) or circumstances provided for by regulations made

under clause 176 (2) (

g) in which compliance with a standard is not required.

(1) Subsection 139.3 (5) of the

Act is amended by striking out “the Director may issue an order” and

substituting “the Minister may issue an order”.

(2) The

French version of subsection 139.3 (6) of the Act is amended by striking out

“L’ordonnance prévue” at the beginning and substituting “L’arrêté prévu”.

(1) Paragraph 4 of subsection 140 (1) of the Act is repealed and the

following substituted:

4. After

the conditions set out in paragraphs 2 and 3 have been met,

i. the

proponent has submitted to the Minister a closure plan that,

A. includes

financial assurance as required under this Act or the regulations, and

B. meets

any other prescribed requirements, or

ii. the

proponent has submitted to the Minister a closure plan that does not meet the

requirements referred to in subparagraph i, together with an order under

subsection (3) permitting the filing of the closure plan.

(2) Subsection

140 (2) of the Act is repealed and the following substituted:

Certifications

(2) Regulations

made for the purposes of subparagraph 4 i of subsection (1) may require that a

statement to be included in a closure plan be certified by a qualified person

or other individual specified by the regulations.

Order

permitting filing

(3) The

Minister may by order permit the filing of a closure plan that does not meet all

of the requirements referred to in subparagraph 4 i of subsection (1), subject

submits the closure plan,

(

a) the

proponent submits a request for the order in the prescribed form and manner;

and

(

b) the

Minister determines that it is consistent with the purposes of this Act to make

the order.

Same,

(4) In

making an order under subsection (3), the Minister,

(

a) shall

include a condition that the proponent meet the outstanding requirements in the

time and manner specified by the Minister in the order; and

(

b) may

include any other terms or conditions the Minister considers appropriate.

Filing

or returning closure plan

(5) No

later than 45 days after a proponent has submitted a closure plan, the Minister

shall,

(

a) file

the closure plan and give the proponent written confirmation that the closure

plan has been filed as of the date of the written confirmation, if the closure

plan meets the requirements of this Act and the regulations or there is an

order under subsection (3) permitting the filing; or

(

b) return

the closure plan to the proponent for resubmission, if the closure plan does

not meet the requirements of this Act and the regulations and there is no order

under subsection (3) permitting the filing.

(1) Paragraph 4 of subsection 141 (1) of the Act is repealed and the

following substituted:

4. After

the conditions set out in paragraphs 2 and 3 have been met,

i. the

proponent has submitted to the Minister a closure plan that,

A. includes

financial assurance as required under this Act or the regulations, and

B. meets

any other prescribed requirements, or

ii. the

proponent has submitted to the Minister a closure plan that does not meet the

requirements referred to in subparagraph i, together with an order under

subsection (3) permitting the filing of the closure plan.

(2) Subsection

141 (2) of the Act is repealed and the following substituted:

Certifications

(2) Regulations

made for the purposes of subparagraph 4 i of subsection (1) may require that a

statement to be included in a closure plan be certified by a qualified person

or other individual specified by the regulations.

Order

permitting filing

(3) The

Minister may by order permit the filing of a closure plan that does not meet all

of the requirements referred to in subparagraph 4 i of subsection (1), subject

submits the closure plan,

(

a) the

proponent submits a request for the order in the prescribed form and manner;

and

(

b) the

Minister determines that it is consistent with the purposes of this Act to make

the order.

Same,

(4) In

making an order under subsection (3), the Minister,

(

a) shall

include a condition that the proponent meet the outstanding requirements in the

time and manner specified by the Minister in the order; and

(

b) may

include any other terms or conditions the Minister considers appropriate.

Filing

or returning closure plan

(5) No

later than 45 days after a proponent has submitted a closure plan, the Minister

shall,

(

a) file

the closure plan and give the proponent written confirmation that the closure

plan has been filed as of the date of the written confirmation, if the closure

plan meets the requirements of this Act and the regulations or there is an

order under subsection (3) permitting the filing; or

(

b) return

the closure plan to the proponent for resubmission, if the closure plan does

not meet the requirements of this Act and the regulations and there is no order

under subsection (3) permitting the filing.

Section 141.2 of the Act is repealed and the following substituted:

Compliance

with filed closure plan

141.2 A proponent shall

comply with their filed closure plan.

(1) Paragraph 4 of subsection 143 (1) of the Act is repealed and the

following substituted:

4. After

the conditions set out in paragraphs 2 and 3 have been met,

i. the

proponent has submitted to the Minister an amendment to the closure plan that,

A. includes

financial assurance as required under this Act or the regulations, and

B. meets

any other prescribed requirements, or

ii. the

proponent has submitted to the Minister an amendment to the closure plan that

does not meet the requirements referred to in subparagraph i, together with an

order under subsection (3) permitting the filing of the closure plan.

(2) Subsections

143 (2) and (3) of the Act are repealed and the following substituted:

Certifications

(2) Regulations

made for the purposes of subparagraph 4 i of subsection (1) may require that a

statement to be included in an amendment to a closure plan be certified by a

qualified person or other individual specified by the regulations.

Order

permitting filing

(3) The

Minister may by order permit the filing of an amendment to a closure plan that

does not meet all of the requirements referred to in subparagraph 4 i of

if, before the proponent submits the amendment,

(

a) the

proponent submits a request for the order in the prescribed form and manner;

and

(

b) the

Minister determines that it is consistent with the purposes of this Act to make

the order.

Same,

(4) In

making an order under subsection (3), the Minister,

(

a) shall

include a condition that the proponent meet the outstanding requirements in the

time and manner specified by the Minister in the order; and

(

b) may

include any other terms or conditions the Minister considers appropriate.

Amendments,

ordered by Minister

(5) The

Minister may at any time, by order, require that the proponent submit, within

the time specified in the order and in accordance with the order, amendments to

a filed closure plan, which may include requirements to increase the amount of

financial assurance.

Filing

or returning amendment to closure plan

(6) No

later than 45 days after a proponent has submitted an amendment to a closure

plan, the Minister shall,

(

a) file

the amendment and give the proponent written confirmation that the amendment

has been filed as of the date of the written confirmation, if the amendment

meets the requirements of this Act and the regulations or there is an order

under subsection (3) permitting the filing; or

(

b) return

the amendment to the proponent for resubmission, if the amendment does not meet

the requirements of this Act and the regulations and there is no order under

subsection (3) permitting the filing.

(1) Subsection 143.1 (1) of the Act is repealed and the following

substituted:

Specified

changes by order

(1) The

Minister may at any time, by order, require changes to a filed closure plan.

(2) Subsection

143.1 (2) of the Act is amended by striking out the portion before paragraph 1

and substituting the following:

Same,

mine hazard under s. 147 (1)

(2) If

a change ordered under subsection (1) is to a closure plan for a mine hazard

under subsection 147 (1) and the order requires that a new

schedule for completing

the rehabilitation of the mine hazard be submitted, the following rules apply:

. . . .

(3) The

French version of paragraphs 1 and 2 of subsection 143.1 (2) of the Act are

amended by striking out “l’ordonnance” wherever it appears and substituting in

each case “l’arrêté”.

(4) Subsection

143.1 (3) of the Act is amended by striking out “within 30 days after receiving

the order requiring changes, notify the Director” and substituting “within 30

days after receiving the order requiring changes, notify the Minister”.

by striking out “forthwith” and substituting “promptly”.

(2) Subsection

144 (2) of the Act is repealed and the following substituted:

Notice

of material change

(2) A

proponent shall promptly notify the Minister in the prescribed form and manner

if a change that could reasonably be expected to have a material effect on the

adequacy of the proponent’s filed closure plan is planned, has occurred or is

likely to occur.

(1) Paragraph 6 of subsection 145 (1) of the Act is repealed and the

following substituted:

6. Any

other form of security or any other guarantee or protection, including a pledge

of assets, a sinking fund, royalties per tonne or any type of phased financial

assurance, that meets any prescribed requirements and that is acceptable to the

Minister.

(2) Subsections

145 (2) to (5) of the Act are repealed.

(3) The

“forthwith” and substituting “promptly”.

(4) Section

145 of the Act is amended by adding the following subsections:

Change

in phased financial assurance

(6.1) If

the financial assurance provided under this

section is any type of phased

financial assurance and the proponent fails to comply with the required

phasing, the Minister may require, in the prescribed manner, that the proponent

promptly provide cash, a letter of credit, a bond or other security, guarantee

or protection acceptable to the Minister for any or all of the outstanding

amount.

Change

of financial assurance on application

(6.2) A

proponent may apply to the Minister for a change in the form of financial

assurance specified in the filed closure plan to another form permitted under

subsection (1).

Deemed

amendment

(6.3) If

the Minister approves a change under subsection (6), (6.1) or (6.2), an

amendment to the proponent’s closure plan indicating the change shall be deemed

to have been filed.

The Act is amended by adding the following section:

Order

for rehabilitation

(1) If

the Minister has reasonable and probable grounds for believing that a

rehabilitation measure required by a filed closure plan in respect of which financial

assurance was given has not been or will not be carried out in accordance with

the plan, the Minister may, by order, provide for the performance of the

rehabilitation measure.

Notice

(2) At

least 15 days before an order is issued under subsection (1), the Minister

shall give the proponent written notice of an intention to issue the order.

Parties

affected

(3) Both

the notice and the order shall be directed to,

(

a) the

proponent who submitted the closure plan or to their successor; and

(

b) any

person who, to the Minister’s knowledge, provided the financial assurance for

or on behalf of the proponent or to that person’s successor or assignee.

Realization

of security

(4) On

the issuance of the order, the Crown may use any cash, realize any letter of

credit or bond or enforce any other security, guarantee or protection provided

or obtained as financial assurance for the performance of rehabilitation

measures in respect of the site or mine hazard in order to carry out the rehabilitation

measure specified in the order.

Performance

by agent

(5) The

Minister may appoint an agent to carry out a rehabilitation measure on behalf

of the Crown, if the Minister considers it necessary.

(1) The French version of subsection 147 (1) of the Act is amended

by,

(

a) striking

out “peut, par écrit,” and substituting “peut, par arrêté,”; and

(

b) striking

out “l’ordonnance” and substituting “l’arrêté”.

(2) Subsection

147 (2) of the Act is amended by striking out “does not comply with an order of

the Director under subsection (1), the Director may” and substituting “does not

comply with an order under subsection (1), the Minister may”.

(3) Subsection

147 (3) of the Act is repealed and the following substituted:

Recommendation

that lease be voided

(3) If

the proponent does not comply with an order under subsection (1) and is a

lessee of the lands on which the mine hazard exists, the Minister may recommend

to the Lieutenant Governor in Council that the lease be declared void on

condition that the Minister indicate in the notice referred to in subsection

(2) the intention to make such a recommendation.

(4) The

French version of subsection 147 (5) of the Act is amended by striking out

“l’ordonnance rendue” and substituting “l’arrêté pris”.

Subsection 151 (3) of the Act is amended by striking out “subsection 145 (5)” in

the portion before clause (

a) and substituting “section 146”.

(1) Subsection 152 (1) of the Act is repealed and the following

substituted:

Appeals

Appeal

to Tribunal

(1) A

proponent may appeal to the Tribunal,

(

a) an

order requiring the submission of a closure plan under subsection 147 (1);

(

b) an

order requiring changes to a filed closure plan under

section 143.1; or

(

c) an

order for the performance of rehabilitation measures under

section 146.

(2) The

French version of subsection 152 (2) of the Act is amended by,

(

a) striking

out “d’une ordonnance ou d’une mesure visée” and substituting “d’un arrêté ou

d’une mesure visés”; and

(

b) striking

out “l’ordonnance” and substituting “l’arrêté”.

(3) Subsection

152 (4) of the Act is repealed and the following substituted:

Automatic

stay unless removed

(4) Upon

service on the Minister of the notice under subsection (2), the Minister’s

order is stayed until the Tribunal disposes of the appeal unless the Minister

applies, on notice, for a removal of the stay.

(4) Subsection

152 (5) of the Act is amended by striking out “or to filed amendments to a

closure plan”.

(5) Subsection

152 (6) of the Act is repealed and the following substituted:

Refusal

by Tribunal

(6) Despite

subsection (4), the Tribunal shall refuse to hear an appeal of an order for

changes to a filed closure plan that require an increased amount of financial

assurance unless the proponent has provided the Minister, along with the notice

of appeal, with the increased amount of financial assurance required, which

amount shall be held by the Crown pending the outcome of the appeal.

(6) Subsection

152 (8) of the Act is amended by striking out “the Director’s order or action”

and substituting “the Minister’s order or action”.

(1) Paragraph 1 of subsection

152.1 (2) of the Act is repealed and the following substituted:

1. That

the permit holder shall ensure the remediation of the land on which the

tailings or other waste materials are located, such that the condition of the

land with respect to public health and safety and the environment following the

remediation is comparable to or better than it was before the recovery, as

determined by the Minister.

(2) Subclause

152.1 (3) (a) (iii) of the Act is repealed and the following substituted:

(iii) how

the land would be remediated such that the condition of the land with respect

to public health and safety and the environment following the remediation is

comparable to or better than it was before the recovery, as determined by the

Minister,

(3) Clause

152.1 (5) (

d) of the Act is repealed and the following substituted:

(

d) whether,

if the remediation were carried out in accordance with the proposed recovery

and remediation plan, the condition of the land with respect to public health

and safety and the environment following the remediation would be comparable to

or better than it was before the recovery; and

(1) The French version of subsection 152.6 (1) of the Act is amended

by,

(

a) striking

out “peut, par ordonnance” in the portion before clause (

a) and substituting

“peut, par arrêté”;

(

b) striking

out “dans l’ordonnance” wherever it appears and substituting in each case “dans

l’arrêté”; and

(

c) striking

out “et que l’ordonnance de cessation de l’activité ait été révoquée” at the

end of clause (

c) and substituting “et que l’arrêté de cessation de l’activité

ait été révoqué”.

(2) The

French version of subsection 152.6 (2) of the Act is amended by striking out

“peut, par ordonnance” and substituting “peut, par arrêté”.

(3) The

French version of subsection 152.6 (3) of the Act is amended by striking out

“une ordonnance prise” and substituting “un arrêté pris”.

(1) The French version of clause 152.7 (1) (

a) of the Act is amended

by striking out “une ordonnance prise” and substituting “un arrêté pris”.

(2) The

French version of subsections 152.7 (2) and (3) of the Act are amended by

striking out “l’ordonnance” wherever it appears and substituting in each case

“l’arrêté”.

21 Subsection 153 (2) of the Act is repealed.

(1) Subsection 153.2 (1) of the Act is amended by striking out “an

order of the Director, the Tribunal or the Minister under this Part” in the

portion before clause (

a) and substituting “an order under this Part”.

(2) Subsection

153.2 (2) of the Act is amended by striking out “the Director may recommend

that the Minister not consent to the transfer of the lease or licence” at the

end and substituting “the Minister may, on that basis, refuse to consent to the

transfer of the lease or licence”.

(3) The

French version of subsection 153.2 (3) of the Act is amended by striking out

“peut ordonner” and substituting “peut, par arrêté, ordonner”.

(4) Subsection

153.2 (4) of the Act is amended by striking out clause (

a) and the portion before

clause (

a) and substituting the following:

Realization

of security

(4) If

a proponent fails to comply with an order referred to in subsection (3), the

Minister may,

(

a) realize

on the financial assurance under

section 146 if the proponent is subject to a

closure plan;

. . . .

(5) Subsection

153.2 (5) of the Act is amended by striking out “an order of the Director,

Tribunal or Minister” and substituting “an order under this Part”.

(6) Section

153.2 of the Act is amended by adding the following subsection:

Deemed

amendment

(7) If

a filed closure plan is transferred in accordance with subsection (6), an

amendment to the closure plan indicating the transfer shall be deemed to have

been filed.

(1) The French version of subsection 153.4 (1) of the Act is amended

by striking out “d’une ordonnance ou” in the portion before clause (a).

(2) The

French version of subsection 153.4 (2) of the Act is amended by,

(

a) striking

out “et l’ordonnance ou l’arrêté sont réputés signifiés” and substituting “et

l’arrêté est réputé signifié”; and

(

b) striking

out “de l’avis, de l’ordonnance ou de l’arrêté” and substituting “de l’avis ou

de l’arrêté”.

(3) The

French version of subsection 153.4 (3) of the Act is amended by,

(

a) striking

out “et les ordonnances ou arrêtés” and substituting “et les arrêtés”; and

(

b) striking

out “l’avis, l’ordonnance ou l’arrêté” and substituting “l’avis ou l’arrêté”.

Section 153.5 of the Act is repealed and the following substituted:

Notice

for amending and revoking orders

153.5 If the Minister amends

or revokes any order made under this Part, the Minister shall give written

notice to the person to whom the order is directed.

(1) Subsection 167 (2) of the Act is amended by,

(

a) striking

out “an order of the Director, Tribunal or Minister under

Part VII” and

substituting “an order under

Part VII”; and

(

b) striking

out “aux conditions de l’ordonnance” and substituting “aux conditions de

l’ordonnance ou de l’arrêté ” in the French version.

(2) Subsection

167 (3) of the Act is repealed and the following substituted:

Application

for restraining order

(3) The

Minister may apply at any time to a judge of the Superior Court of Justice for

an order prohibiting advanced exploration, mining or mine production on a site

if any person fails to,

(

a) comply

with

section 140, 141 or 141.1, as the case may be, before commencing or

recommencing a project;

(

b) comply

with a term or condition of an order made under subsection 140 (3), 141 (3) or 143

(3);

(

c) comply

with a filed closure plan as required under

section 141.2;

(

d) comply

with the requirements of

section 143 or 143.1; or

(

e) submit

a notice of material change required under subsection 144 (2).

(1) Clause 170.1 (3) (

a) of the Act is amended by striking out “a

Director’s decision” and substituting “a decision”.

(2) Clause

170.1 (3) (

b) of the Act is amended by striking out “clause 140 (1) (

c) or 141

(1) (c)” and substituting “paragraph 3 of subsection 140 (1) or paragraph 3 of

subsection 141 (1)”.

(1) Section 176 of the Act is amended by adding the following

subsection:

Same

(1.1.1) The

Lieutenant Governor in Council may make regulations governing transitional

matters arising from the enactment of the Building More

Mines Act, 2023 that, in the opinion of the Lieutenant Governor in

Council, are necessary or desirable to facilitate the implementation of

amendments made by that Act.

(2) Subsection

176 (1.2) of the Act is amended by adding “or (1.1.1)” after “subsection

(1.1)”.

(3) Subsections

176 (2) and (2.1) of the Act are repealed and the following substituted:

Regulations

Part VII

(2) Without

limiting the generality of subsection (1), the Lieutenant Governor in Council

may make regulations relating to

Part VII,

(

a) governing

closure plans and their preparation, including specifying documents and

information that must be included in a closure plan and setting out

certification and reporting requirements;

(

b) governing

the standards for rehabilitation, including governing the standards for the

protective measures to be taken in respect of the closure of a mine;

(

c) governing

determinations for the purposes of clause (

b) of the definition of

“rehabilitate” in subsection 139 (1), including setting out procedures for requesting

a determination;

(

d) governing

financial assurance for the purposes of

section 145;

(

e) imposing

time limits for the compliance of duties under the Part;

(

f) authorizing a person specified in the

regulations to exempt a proponent from complying with any standard, procedure

or requirement in a regulation made for the purposes of the Part, subject to

any terms or conditions the person may specify or that may be specified in the

regulations;

(

g) providing

for circumstances in which a proponent, project or class of either need not

comply with a regulation or a provision of a regulation made for the purposes

of the Part;

(

h) governing

transitional matters arising from the enactment of

Schedule 10 to the Accelerating Access to Justice Act, 2021 that, in the

opinion of the Lieutenant Governor in Council, are necessary or desirable to

facilitate the implementation of the amendments to this Act made by that

Schedule.

(4) Subsection

176 (2.1.1) of the Act is amended by adding “Without limiting the generality of

subsection (1)” at the beginning.

(5) Clause

176 (2.1.1) (

k) of the Act is repealed.

(6) Subsection

176 (2.2) of the Act is amended by striking out “subsection (1), (2) or

(2.1.1)” and substituting “this section”.

(1) The following provisions of the Act are amended by striking out

“the Director” and “the Director’s” wherever they appear and substituting in

each case “the Minister” or “the Minister’s” respectively:

Section

Part

VII, other than sections 152.1 to 152.7.

(2) Sections

152.1 to 152.7 of the Act are amended by striking out “the Director” and “the

Director’s” wherever they appear and substituting in each case “the Minister”

or “the Minister’s” respectively.

Commencement

(1) Except as otherwise provided in this section, this Act comes

into force on the day it receives Royal Assent.

(2) Sections

1 to 17 and 21 to 27 and subsection 28 (1) come into force on a day to be named

by proclamation of the Lieutenant Governor.

(3) Sections

18 to 20 and subsection 28 (2) come into force on the later of the day subsection

5 (1) comes into force and the day

section 7 of

Schedule 12 to the Supporting People and Businesses Act, 2021 comes into

force.

Short

title

The

short title of this Act is the Building More Mines Act,

2023 .

Bill 71 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for

new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

The

Bill amends the Mining Act .

The

Act is amended to provide for certain powers exercised by public servants

appointed for the purpose to be exercised by the Minister of Mines instead:

Section

78 is amended to permit the Minister to exercise any power and perform any duty

of a Director of Exploration under the Act in place of the Director.

Part

VII is amended to remove the position of Director of Mine Rehabilitation and to

give the powers and duties of the Director of Mine Rehabilitation to the

Minister. A number of amendments are made to the French version of the Act to

reflect the change.

Most

of the remaining amendments in the Bill are made to or are in relation to

Part

VII of the Act (Rehabilitation of Mining Lands), including the following:

1. The

definition of “rehabilitate” in subsection 139 (1) is re-enacted to provide for

different rehabilitation outcomes. Complementary amendments are made to the

definition of “protective measures”, which forms part of rehabilitation.

Section

140 is amended to provide that a closure plan respecting advanced exploration

may be filed even if it does not meet the requirements of the Act and the

regulations, if the proponent obtains an order from the Minister permitting the

filing. The order must provide that the outstanding requirements be met within

the period specified by the Minister in the order, and may be subject to

amendments are made to

section 141 in relation to the filing of a closure plan

respecting mine production and to

section 143 in relation to the filing of an

amendment to a filed closure plan.

3. Provisions

are added to sections 140, 141 and 143 to expressly provide that regulations

setting out the requirements for a submitted closure plan or amendment to a

closure plan may require that a statement to be included in the closure plan or

amendment be certified by a qualified person or other individual specified by

the regulations. A definition of “qualified person” is added to subsection 139

(1).

4. Subsection

144 (2) of the Act is re-enacted to limit the number of circumstances in which

a proponent must give notice of a material change in respect of a project.

Section

145 is amended to expressly take into account phased financial assurance.

6. A

new subsection 145 (6.3) provides that if the Minister approves a change to the

financial assurance in a proponent’s closure plan, an amendment to the closure

plan indicating the change is deemed to have been filed. This removes any need

for the proponent to propose an amendment to the filed closure plan under

section 143 respecting the change.

7. Subsections

145 (2) to (5), dealing with the realization of security on the basis that a

rehabilitation measure has not or will not be carried out, are re-enacted as a

new

section

Section

152.1, dealing with recovery of minerals or mineral bearing substances and subsequent

remediation of land, currently provides that the remediation must be such that the

condition of the land with respect to one or both of public health and safety

or the environment is improved following the remediation, as determined by the

Director of Mine Rehabilitation. The section, which is not yet in force, is

amended so that it will instead provide that the condition of the land

following remediation must be comparable to or better than it was before the

recovery with respect to both

public health and safety and the environment , as determined by the

Minister.

9. Subsection

153.2 (7) is enacted so that, if the Minister transfers a proponent’s filed

closure plan to another person, an amendment to the closure plan indicating the

transfer is deemed to have been filed. This removes any need for a person to

propose an amendment to the filed closure plan under

section 143 respecting the

transfer.

Various

complementary amendments are made to the Act, including the re-enactment of the

regulation-making authority specific to

Part VII (subsection 176 (2)) and the

enactment of a transitional regulation-making authority (subsection 176

(1.1.1)).

Bill 71 2023

Act to amend the Mining Act

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

(1) Section 1 of the Mining Act is

amended by striking out “Director of Mine Rehabilitation” wherever it appears

and substituting in each case “Minister”.

(2) The

definition of “Deputy Minister” in subsection 1 (1) of the Act is repealed and

the following substituted:

“Deputy

Minister” means the Deputy Minister of the Ministry; (“sous-ministre”)

(3) Clause

(

a) of the definition of “Minister” in subsection 1 (1) of the Act is amended

by striking out “Minister of Northern Development and Mines” and substituting

“Minister of Mines”.

Section 4 of the Act is amended by adding the following subsection:

Exception

(5.0.1) Subsection

(5) does not apply to a power or duty set out in subsection 78 (2).

Section 78 of the Act is amended by adding the following subsections:

Minister

may act instead of Director of Exploration

(2) The

Minister may exercise any power and perform any duty of a Director of

Exploration under this Act in place of the Director.

Same,

interpretation

(3) For

the purposes of subsection (2), if the Minister exercises a power or performs a

duty of a Director of Exploration, a reference in any Act or regulation to a

Director of Exploration in respect of the exercise or performance shall be read

as a reference to the Minister.

Paragraph 2 of subsection 138 (1) of the Act is repealed.

(1) The definition of “Director” in subsection 139 (1) of the Act is

repealed.

(2) The definition of “protective

measures” in subsection 139 (1) of the Act is amended by adding “subject to

subsection (1.1)” at the end.

(3) Subsection

139 (1) of the Act is amended by adding the following definition:

“qualified

person” means an individual who meets the prescribed requirements; (“personne

compétente”)

(4) The

definition of “rehabilitate” in subsection 139 (1) of the Act is repealed and

the following substituted:

“rehabilitate”

means to take measures, including protective measures, in accordance with the

prescribed standards, subject to subsection (1.1), to treat a site or mine hazard

so that the use or condition of the site,

(

a) is

restored to its former use or condition to the extent required by the

prescribed standards, or

(

b) is

changed to a different use or condition that the Minister determines, in

accordance with the regulations,

(

i) is

or will be compatible with the use of adjacent land, or

(ii) is

suitable for a future use of the site determined by the Minister; (“réhabiliter”)

(5) Section 139 of the Act is

amended by adding the following subsection:

Interpretation, prescribed standards

(1.1) For

the purposes of this Part, the prescribed standards referred to in the

definitions of “protective measures” and “rehabilitate” in subsection (1) are the

prescribed standards, subject to any exemptions authorized by regulations made

under clause 176 (2) (

f) or circumstances provided for by regulations made

under clause 176 (2) (

g) in which compliance with a standard is not required.

(1) Subsection 139.3 (5) of the

Act is amended by striking out “the Director may issue an order” and

substituting “the Minister may issue an order”.

(2) The

French version of subsection 139.3 (6) of the Act is amended by striking out

“L’ordonnance prévue” at the beginning and substituting “L’arrêté prévu”.

(1) Paragraph 4 of subsection 140 (1) of the Act is repealed and the

following substituted:

4. After

the conditions set out in paragraphs 2 and 3 have been met,

i. the

proponent has submitted to the Minister a closure plan that,

A. includes

financial assurance as required under this Act or the regulations, and

B. meets

any other prescribed requirements, or

ii. the

proponent has submitted to the Minister a closure plan that does not meet the

requirements referred to in subparagraph i, together with an order under

subsection (3) permitting the filing of the closure plan.

(2) Subsection

140 (2) of the Act is repealed and the following substituted:

Certifications

(2) Regulations

made for the purposes of subparagraph 4 i of subsection (1) may require that a

statement to be included in a closure plan be certified by a qualified person

or other individual specified by the regulations.

Order

permitting filing

(3) The

Minister may by order permit the filing of a closure plan that does not meet all

of the requirements referred to in subparagraph 4 i of subsection (1), subject

submits the closure plan,

(

a) the

proponent submits a request for the order in the prescribed form and manner;

and

(

b) the

Minister determines that it is consistent with the purposes of this Act to make

the order.

Same,

(4) In

making an order under subsection (3), the Minister,

(

a) shall

include a condition that the proponent meet the outstanding requirements in the

time and manner specified by the Minister in the order; and

(

b) may

include any other terms or conditions the Minister considers appropriate.

Filing

or returning closure plan

(5) No

later than 45 days after a proponent has submitted a closure plan, the Minister

shall,

(

a) file

the closure plan and give the proponent written confirmation that the closure

plan has been filed as of the date of the written confirmation, if the closure

plan meets the requirements of this Act and the regulations or there is an

order under subsection (3) permitting the filing; or

(

b) return

the closure plan to the proponent for resubmission, if the closure plan does

not meet the requirements of this Act and the regulations and there is no order

under subsection (3) permitting the filing.

(1) Paragraph 4 of subsection 141 (1) of the Act is repealed and the

following substituted:

4. After

the conditions set out in paragraphs 2 and 3 have been met,

i. the

proponent has submitted to the Minister a closure plan that,

A. includes

financial assurance as required under this Act or the regulations, and

B. meets

any other prescribed requirements, or

ii. the

proponent has submitted to the Minister a closure plan that does not meet the

requirements referred to in subparagraph i, together with an order under

subsection (3) permitting the filing of the closure plan.

(2) Subsection

141 (2) of the Act is repealed and the following substituted:

Certifications

(2) Regulations

made for the purposes of subparagraph 4 i of subsection (1) may require that a

statement to be included in a closure plan be certified by a qualified person

or other individual specified by the regulations.

Order

permitting filing

(3) The

Minister may by order permit the filing of a closure plan that does not meet all

of the requirements referred to in subparagraph 4 i of subsection (1), subject

submits the closure plan,

(

a) the

proponent submits a request for the order in the prescribed form and manner;

and

(

b) the

Minister determines that it is consistent with the purposes of this Act to make

the order.

Same,

(4) In

making an order under subsection (3), the Minister,

(

a) shall

include a condition that the proponent meet the outstanding requirements in the

time and manner specified by the Minister in the order; and

(

b) may

include any other terms or conditions the Minister considers appropriate.

Filing

or returning closure plan

(5) No

later than 45 days after a proponent has submitted a closure plan, the Minister

shall,

(

a) file

the closure plan and give the proponent written confirmation that the closure

plan has been filed as of the date of the written confirmation, if the closure

plan meets the requirements of this Act and the regulations or there is an

order under subsection (3) permitting the filing; or

(

b) return

the closure plan to the proponent for resubmission, if the closure plan does

not meet the requirements of this Act and the regulations and there is no order

under subsection (3) permitting the filing.

Section 141.2 of the Act is repealed and the following substituted:

Compliance

with filed closure plan

141.2 A proponent shall

comply with their filed closure plan.

(1) Paragraph 4 of subsection 143 (1) of the Act is repealed and the

following substituted:

4. After

the conditions set out in paragraphs 2 and 3 have been met,

i. the

proponent has submitted to the Minister an amendment to the closure plan that,

A. includes

financial assurance as required under this Act or the regulations, and

B. meets

any other prescribed requirements, or

ii. the

proponent has submitted to the Minister an amendment to the closure plan that

does not meet the requirements referred to in subparagraph i, together with an

order under subsection (3) permitting the filing of the closure plan.

(2) Subsections

143 (2) and (3) of the Act are repealed and the following substituted:

Certifications

(2) Regulations

made for the purposes of subparagraph 4 i of subsection (1) may require that a

statement to be included in an amendment to a closure plan be certified by a

qualified person or other individual specified by the regulations.

Order

permitting filing

(3) The

Minister may by order permit the filing of an amendment to a closure plan that

does not meet all of the requirements referred to in subparagraph 4 i of

if, before the proponent submits the amendment,

(

a) the

proponent submits a request for the order in the prescribed form and manner;

and

(

b) the

Minister determines that it is consistent with the purposes of this Act to make

the order.

Same,

(4) In

making an order under subsection (3), the Minister,

(

a) shall

include a condition that the proponent meet the outstanding requirements in the

time and manner specified by the Minister in the order; and

(

b) may

include any other terms or conditions the Minister considers appropriate.

Amendments,

ordered by Minister

(5) The

Minister may at any time, by order, require that the proponent submit, within

the time specified in the order and in accordance with the order, amendments to

a filed closure plan, which may include requirements to increase the amount of

financial assurance.

Filing

or returning amendment to closure plan

(6) No

later than 45 days after a proponent has submitted an amendment to a closure

plan, the Minister shall,

(

a) file

the amendment and give the proponent written confirmation that the amendment

has been filed as of the date of the written confirmation, if the amendment

meets the requirements of this Act and the regulations or there is an order

under subsection (3) permitting the filing; or

(

b) return

the amendment to the proponent for resubmission, if the amendment does not meet

the requirements of this Act and the regulations and there is no order under

subsection (3) permitting the filing.

(1) Subsection 143.1 (1) of the Act is repealed and the following

substituted:

Specified

changes by order

(1) The

Minister may at any time, by order, require changes to a filed closure plan.

(2) Subsection

143.1 (2) of the Act is amended by striking out the portion before paragraph 1

and substituting the following:

Same,

mine hazard under s. 147 (1)

(2) If

a change ordered under subsection (1) is to a closure plan for a mine hazard

under subsection 147 (1) and the order requires that a new

schedule for completing

the rehabilitation of the mine hazard be submitted, the following rules apply:

. . . .

(3) The

French version of paragraphs 1 and 2 of subsection 143.1 (2) of the Act are

amended by striking out “l’ordonnance” wherever it appears and substituting in

each case “l’arrêté”.

(4) Subsection

143.1 (3) of the Act is amended by striking out “within 30 days after receiving

the order requiring changes, notify the Director” and substituting “within 30

days after receiving the order requiring changes, notify the Minister”.

by striking out “forthwith” and substituting “promptly”.

(2) Subsection

144 (2) of the Act is repealed and the following substituted:

Notice

of material change

(2) A

proponent shall promptly notify the Minister in the prescribed form and manner

if a change that could reasonably be expected to have a material effect on the

adequacy of the proponent’s filed closure plan is planned, has occurred or is

likely to occur.

(1) Paragraph 6 of subsection 145 (1) of the Act is repealed and the

following substituted:

6. Any

other form of security or any other guarantee or protection, including a pledge

of assets, a sinking fund, royalties per tonne or any type of phased financial

assurance, that meets any prescribed requirements and that is acceptable to the

Minister.

(2) Subsections

145 (2) to (5) of the Act are repealed.

(3) The

“forthwith” and substituting “promptly”.

(4) Section

145 of the Act is amended by adding the following subsections:

Change

in phased financial assurance

(6.1) If

the financial assurance provided under this

section is any type of phased

financial assurance and the proponent fails to comply with the required

phasing, the Minister may require, in the prescribed manner, that the proponent

promptly provide cash, a letter of credit, a bond or other security, guarantee

or protection acceptable to the Minister for any or all of the outstanding

amount.

Change

of financial assurance on application

(6.2) A

proponent may apply to the Minister for a change in the form of financial

assurance specified in the filed closure plan to another form permitted under

subsection (1).

Deemed

amendment

(6.3) If

the Minister approves a change under subsection (6), (6.1) or (6.2), an

amendment to the proponent’s closure plan indicating the change shall be deemed

to have been filed.

The Act is amended by adding the following section:

Order

for rehabilitation

(1) If

the Minister has reasonable and probable grounds for believing that a

rehabilitation measure required by a filed closure plan in respect of which financial

assurance was given has not been or will not be carried out in accordance with

the plan, the Minister may, by order, provide for the performance of the

rehabilitation measure.

Notice

(2) At

least 15 days before an order is issued under subsection (1), the Minister

shall give the proponent written notice of an intention to issue the order.

Parties

affected

(3) Both

the notice and the order shall be directed to,

(

a) the

proponent who submitted the closure plan or to their successor; and

(

b) any

person who, to the Minister’s knowledge, provided the financial assurance for

or on behalf of the proponent or to that person’s successor or assignee.

Realization

of security

(4) On

the issuance of the order, the Crown may use any cash, realize any letter of

credit or bond or enforce any other security, guarantee or protection provided

or obtained as financial assurance for the performance of rehabilitation

measures in respect of the site or mine hazard in order to carry out the rehabilitation

measure specified in the order.

Performance

by agent

(5) The

Minister may appoint an agent to carry out a rehabilitation measure on behalf

of the Crown, if the Minister considers it necessary.

(1) The French version of subsection 147 (1) of the Act is amended

by,

(

a) striking

out “peut, par écrit,” and substituting “peut, par arrêté,”; and

(

b) striking

out “l’ordonnance” and substituting “l’arrêté”.

(2) Subsection

147 (2) of the Act is amended by striking out “does not comply with an order of

the Director under subsection (1), the Director may” and substituting “does not

comply with an order under subsection (1), the Minister may”.

(3) Subsection

147 (3) of the Act is repealed and the following substituted:

Recommendation

that lease be voided

(3) If

the proponent does not comply with an order under subsection (1) and is a

lessee of the lands on which the mine hazard exists, the Minister may recommend

to the Lieutenant Governor in Council that the lease be declared void on

condition that the Minister indicate in the notice referred to in subsection

(2) the intention to make such a recommendation.

(4) The

French version of subsection 147 (5) of the Act is amended by striking out

“l’ordonnance rendue” and substituting “l’arrêté pris”.

Subsection 151 (3) of the Act is amended by striking out “subsection 145 (5)” in

the portion before clause (

a) and substituting “section 146”.

(1) Subsection 152 (1) of the Act is repealed and the following

substituted:

Appeals

Appeal

to Tribunal

(1) A

proponent may appeal to the Tribunal,

(

a) an

order requiring the submission of a closure plan under subsection 147 (1);

(

b) an

order requiring changes to a filed closure plan under

section 143.1; or

(

c) an

order for the performance of rehabilitation measures under

section 146.

(2) The

French version of subsection 152 (2) of the Act is amended by,

(

a) striking

out “d’une ordonnance ou d’une mesure visée” and substituting “d’un arrêté ou

d’une mesure visés”; and

(

b) striking

out “l’ordonnance” and substituting “l’arrêté”.

(3) Subsection

152 (4) of the Act is repealed and the following substituted:

Automatic

stay unless removed

(4) Upon

service on the Minister of the notice under subsection (2), the Minister’s

order is stayed until the Tribunal disposes of the appeal unless the Minister

applies, on notice, for a removal of the stay.

(4) Subsection

152 (5) of the Act is amended by striking out “or to filed amendments to a

closure plan”.

(5) Subsection

152 (6) of the Act is repealed and the following substituted:

Refusal

by Tribunal

(6) Despite

subsection (4), the Tribunal shall refuse to hear an appeal of an order for

changes to a filed closure plan that require an increased amount of financial

assurance unless the proponent has provided the Minister, along with the notice

of appeal, with the increased amount of financial assurance required, which

amount shall be held by the Crown pending the outcome of the appeal.

(6) Subsection

152 (8) of the Act is amended by striking out “the Director’s order or action”

and substituting “the Minister’s order or action”.

(1) Paragraph 1 of

subsection 152.1 (2) of the Act is repealed and the following substituted:

1. That the permit holder shall

ensure the remediation of the land on which the tailings or other waste

materials are located, such that the condition of the land with respect to one

or both of public health and safety or the environment following the

remediation is comparable to or better than it was before the recovery, as

determined by the Minister.

(2) Subclause 152.1 (3) (a)

(iii) of the Act is repealed and the following substituted:

(iii) how the land would be

remediated such that the condition of the land with respect to one or both of

public health and safety or the environment following the remediation is

comparable to or better than it was before the recovery, as determined by the Minister,

(3) Clause 152.1 (5) (

d) of

the Act is repealed and the following substituted:

(

d) whether, if the remediation were

carried out in accordance with the proposed recovery and remediation plan, the

condition of the land with respect to one or both of public health and safety

or the environment following the remediation would be comparable to or better

than it was before the recovery; and

(1) Paragraph 1 of subsection 152.1 (2) of the Act is repealed and

the following substituted:

1. That the permit holder shall

ensure the remediation of the land on which the tailings or other waste

materials are located, such that the condition of the land with respect to

public health and safety and the environment following the remediation is

comparable to or better than it was before the recovery, as determined by the

Minister.

(2) Subclause 152.1 (3) (a)

(iii) of the Act is repealed and the following substituted:

(iii) how the land would be

remediated such that the condition of the land with respect to public health

and safety and the environment following the remediation is comparable to or

better than it was before the recovery, as determined by the Minister,

(3) Clause 152.1 (5) (

d) of

the Act is repealed and the following substituted:

(

d) whether, if the remediation were

carried out in accordance with the proposed recovery and remediation plan, the

condition of the land with respect to public health and safety and the environment

following the remediation would be comparable to or better than it was before

the recovery; and

(1) The French version of subsection 152.6 (1) of the Act is amended

by,

(

a) striking

out “peut, par ordonnance” in the portion before clause (

a) and substituting

“peut, par arrêté”;

(

b) striking

out “dans l’ordonnance” wherever it appears and substituting in each case “dans

l’arrêté”; and

(

c) striking

out “et que l’ordonnance de cessation de l’activité ait été révoquée” at the

end of clause (

c) and substituting “et que l’arrêté de cessation de l’activité

ait été révoqué”.

(2) The

French version of subsection 152.6 (2) of the Act is amended by striking out

“peut, par ordonnance” and substituting “peut, par arrêté”.

(3) The

French version of subsection 152.6 (3) of the Act is amended by striking out

“une ordonnance prise” and substituting “un arrêté pris”.

(1) The French version of clause 152.7 (1) (

a) of the Act is amended

by striking out “une ordonnance prise” and substituting “un arrêté pris”.

(2) The

French version of subsections 152.7 (2) and (3) of the Act are amended by

striking out “l’ordonnance” wherever it appears and substituting in each case

“l’arrêté”.

21 Subsection 153 (2) of the Act is repealed.

(1) Subsection 153.2 (1) of the Act is amended by striking out “an

order of the Director, the Tribunal or the Minister under this Part” in the

portion before clause (

a) and substituting “an order under this Part”.

(2) Subsection

153.2 (2) of the Act is amended by striking out “the Director may recommend

that the Minister not consent to the transfer of the lease or licence” at the

end and substituting “the Minister may, on that basis, refuse to consent to the

transfer of the lease or licence”.

(3) The

French version of subsection 153.2 (3) of the Act is amended by striking out

“peut ordonner” and substituting “peut, par arrêté, ordonner”.

(4) Subsection

153.2 (4) of the Act is amended by striking out clause (

a) and the portion

before clause (

a) and substituting the following:

Realization

of security

(4) If

a proponent fails to comply with an order referred to in subsection (3), the

Minister may,

(

a) realize

on the financial assurance under

section 146 if the proponent is subject to a

closure plan;

. . . .

(5) Subsection

153.2 (5) of the Act is amended by striking out “an order of the Director,

Tribunal or Minister” and substituting “an order under this Part”.

(6) Section

153.2 of the Act is amended by adding the following subsection:

Deemed

amendment

(7) If

a filed closure plan is transferred in accordance with subsection (6), an

amendment to the closure plan indicating the transfer shall be deemed to have

been filed.

(1) The French version of subsection 153.4 (1) of the Act is amended

by striking out “d’une ordonnance ou” in the portion before clause (a).

(2) The

French version of subsection 153.4 (2) of the Act is amended by,

(

a) striking

out “et l’ordonnance ou l’arrêté sont réputés signifiés” and substituting “et

l’arrêté est réputé signifié”; and

(

b) striking

out “de l’avis, de l’ordonnance ou de l’arrêté” and substituting “de l’avis ou

de l’arrêté”.

(3) The

French version of subsection 153.4 (3) of the Act is amended by,

(

a) striking

out “et les ordonnances ou arrêtés” and substituting “et les arrêtés”; and

(

b) striking

out “l’avis, l’ordonnance ou l’arrêté” and substituting “l’avis ou l’arrêté”.

Section 153.5 of the Act is repealed and the following substituted:

Notice

for amending and revoking orders

153.5 If the Minister amends

or revokes any order made under this Part, the Minister shall give written

notice to the person to whom the order is directed.

(1) Subsection 167 (2) of the Act is amended by,

(

a) striking

out “an order of the Director, Tribunal or Minister under

Part VII” and

substituting “an order under

Part VII”; and

(

b) striking

out “aux conditions de l’ordonnance” and substituting “aux conditions de

l’ordonnance ou de l’arrêté ” in the French version.

(2) Subsection

167 (3) of the Act is repealed and the following substituted:

Application

for restraining order

(3) The

Minister may apply at any time to a judge of the Superior Court of Justice for

an order prohibiting advanced exploration, mining or mine production on a site

if any person fails to,

(

a) comply

with

section 140, 141 or 141.1, as the case may be, before commencing or

recommencing a project;

(

b) comply

with a term or condition of an order made under subsection 140 (3), 141 (3) or 143

(3);

(

c) comply

with a filed closure plan as required under

section 141.2;

(

d) comply

with the requirements of

section 143 or 143.1; or

(

e) submit

a notice of material change required under subsection 144 (2).

(1) Clause 170.1 (3) (

a) of the Act is amended by striking out “a

Director’s decision” and substituting “a decision”.

(2) Clause

170.1 (3) (

b) of the Act is amended by striking out “clause 140 (1) (

c) or 141

(1) (c)” and substituting “paragraph 3 of subsection 140 (1) or paragraph 3 of subsection

141 (1)”.

(1) Section 176 of the Act is amended by adding the following

subsection:

Same

(1.1.1) The

Lieutenant Governor in Council may make regulations governing transitional

matters arising from the enactment of the Building More

Mines Act, 2023 that, in the opinion of the Lieutenant Governor in

Council, are necessary or desirable to facilitate the implementation of

amendments made by that Act.

(2) Subsection

176 (1.2) of the Act is amended by adding “or (1.1.1)” after “subsection

(1.1)”.

(3) Subsections

176 (2) and (2.1) of the Act are repealed and the following substituted:

Regulations

Part VII

(2) Without

limiting the generality of subsection (1), the Lieutenant Governor in Council

may make regulations relating to

Part VII,

(

a) governing

closure plans and their preparation, including specifying documents and

information that must be included in a closure plan and setting out

certification and reporting requirements;

(

b) governing

the standards for rehabilitation, including governing the standards for the

protective measures to be taken in respect of the closure of a mine;

(

c) governing

determinations for the purposes of clause (

b) of the definition of

“rehabilitate” in subsection 139 (1), including setting out procedures for requesting

a determination;

(

d) governing

financial assurance for the purposes of

section 145;

(

e) imposing

time limits for the compliance of duties under the Part;

(

f) authorizing a person specified in the

regulations to exempt a proponent from complying with any standard, procedure

or requirement in a regulation made for the purposes of the Part, subject to

any terms or conditions the person may specify or that may be specified in the

regulations;

(

g) providing

for circumstances in which a proponent, project or class of either need not

comply with a regulation or a provision of a regulation made for the purposes

of the Part;

(

h) governing

transitional matters arising from the enactment of

Schedule 10 to the Accelerating Access to Justice Act, 2021 that, in the

opinion of the Lieutenant Governor in Council, are necessary or desirable to

facilitate the implementation of the amendments to this Act made by that

Schedule.

(4) Subsection

176 (2.1.1) of the Act is amended by adding “Without limiting the generality of

subsection (1)” at the beginning.

(5) Clause

176 (2.1.1) (

k) of the Act is repealed.

(6) Subsection

176 (2.2) of the Act is amended by striking out “subsection (1), (2) or

(2.1.1)” and substituting “this section”.

(1) The following provisions of the Act are amended by striking out

“the Director” and “the Director’s” wherever they appear and substituting in

each case “the Minister” or “the Minister’s” respectively:

Section

Part

VII, other than sections 152.1 to 152.7.

(2) Sections

152.1 to 152.7 of the Act are amended by striking out “the Director” and “the

Director’s” wherever they appear and substituting in each case “the Minister”

or “the Minister’s” respectively.

Commencement

(1) Except as otherwise provided in this section, this Act comes

into force on the day it receives Royal Assent.

(2) Sections

1 to 17 and 21 to 27 and subsection 28 (1) come into force on a day to be named

by proclamation of the Lieutenant Governor.

(3) Sections

18 to 20 and subsection 28 (2) come into force on the later of the day subsection

5 (1) comes into force and the day

section 7 of

Schedule 12 to the Supporting People and Businesses Act, 2021 comes into

force.

Short

title

The

short title of this Act is the Building More Mines Act,

2023 .

Bill 71 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Mining Act .

The

Act is amended to provide for certain powers exercised by public servants

appointed for the purpose to be exercised by the Minister of Mines instead:

Section

78 is amended to permit the Minister to exercise any power and perform any duty

of a Director of Exploration under the Act in place of the Director.

Part

VII is amended to remove the position of Director of Mine Rehabilitation and to

give the powers and duties of the Director of Mine Rehabilitation to the

Minister. A number of amendments are made to the French version of the Act to

reflect the change.

Most

of the remaining amendments in the Bill are made to or are in relation to

Part

VII of the Act (Rehabilitation of Mining Lands), including the following:

1. The

definition of “rehabilitate” in subsection 139 (1) is re-enacted to provide for

different rehabilitation outcomes. Complementary amendments are made to the

definition of “protective measures”, which forms part of rehabilitation.

Section

140 is amended to provide that a closure plan respecting advanced exploration

may be filed even if it does not meet the requirements of the Act and the

regulations, if the proponent obtains an order from the Minister permitting the

filing. The order must provide that the outstanding requirements be met within

the period specified by the Minister in the order, and may be subject to

amendments are made to

section 141 in relation to the filing of a closure plan

respecting mine production and to

section 143 in relation to the filing of an amendment

to a filed closure plan.

3. Provisions

are added to sections 140, 141 and 143 to expressly provide that regulations

setting out the requirements for a submitted closure plan or amendment to a

closure plan may require that a statement to be included in the closure plan or

amendment be certified by a qualified person or other individual specified by

the regulations. A definition of “qualified person” is added to subsection 139

(1).

4. Subsection

144 (2) of the Act is re-enacted to limit the number of circumstances in which

a proponent must give notice of a material change in respect of a project.

Section

145 is amended to expressly take into account phased financial assurance.

6. A

new subsection 145 (6.3) provides that if the Minister approves a change to the

financial assurance in a proponent’s closure plan, an amendment to the closure

plan indicating the change is deemed to have been filed. This removes any need

for the proponent to propose an amendment to the filed closure plan under

section 143 respecting the change.

7. Subsections

145 (2) to (5), dealing with the realization of security on the basis that a

rehabilitation measure has not or will not be carried out, are re-enacted as a

new

section

Section

152.1, dealing with recovery of minerals or mineral bearing substances and subsequent

remediation of land, currently provides that the remediation must be such that the

condition of the land with respect to one or both of public health and safety

or the environment is improved following the remediation, as determined by the

Director of Mine Rehabilitation. The section, which is not yet in force, is

amended so that it will instead provide that the condition of the land

following remediation must be comparable to or better than it was before the

recovery, as determined by the Minister.

9. Subsection

153.2 (7) is enacted so that, if the Minister transfers a proponent’s filed

closure plan to another person, an amendment to the closure plan indicating the

transfer is deemed to have been filed. This removes any need for a person to

propose an amendment to the filed closure plan under

section 143 respecting the

transfer.

Various

complementary amendments are made to the Act, including the re-enactment of the

regulation-making authority specific to

Part VII (subsection 176 (2)) and the

enactment of a transitional regulation-making authority (subsection 176

(1.1.1)).

Bill 71 2023

Act to amend the Mining Act

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

(1) Section 1 of the Mining Act is

amended by striking out “Director of Mine Rehabilitation” wherever it appears

and substituting in each case “Minister”.

(2) The

definition of “Deputy Minister” in subsection 1 (1) of the Act is repealed and

the following substituted:

“Deputy

Minister” means the Deputy Minister of the Ministry; (“sous-ministre”)

(3) Clause

(

a) of the definition of “Minister” in subsection 1 (1) of the Act is amended

by striking out “Minister of Northern Development and Mines” and substituting

“Minister of Mines”.

Section 4 of the Act is amended by adding the following subsection:

Exception

(5.0.1) Subsection

(5) does not apply to a power or duty set out in subsection 78 (2).

Section 78 of the Act is amended by adding the following subsections:

Minister

may act instead of Director of Exploration

(2) The

Minister may exercise any power and perform any duty of a Director of

Exploration under this Act in place of the Director.

Same,

interpretation

(3) For

the purposes of subsection (2), if the Minister exercises a power or performs a

duty of a Director of Exploration, a reference in any Act or regulation to a

Director of Exploration in respect of the exercise or performance shall be read

as a reference to the Minister.

Paragraph 2 of subsection 138 (1) of the Act is repealed.

(1) The definition of “Director” in subsection 139 (1) of the Act is

repealed.

(2) The definition of “protective measures”

in subsection 139 (1) of the Act is amended by adding “subject to subsection

(1.1)” at the end.

(3) Subsection

139 (1) of the Act is amended by adding the following definition:

“qualified

person” means an individual who meets the prescribed requirements; (“personne

compétente”)

(4) The

definition of “rehabilitate” in subsection 139 (1) of the Act is repealed and

the following substituted:

“rehabilitate”

means to take measures, including protective measures, in accordance with the

prescribed standards, subject to subsection (1.1), to treat a site or mine

hazard so that the use or condition of the site,

(

a) is

restored to its former use or condition to the extent required by the

prescribed standards, or

(

b) is

changed to a different use or condition that the Minister determines, in

accordance with the regulations,

(

i) is

or will be compatible with the use of adjacent land, or

(ii) is

suitable for a future use of the site determined by the Minister; (“réhabiliter”)

(5) Section 139 of the Act is

amended by adding the following subsection:

Interpretation, prescribed standards

(1.1) For

the purposes of this Part, the prescribed standards referred to in the

definitions of “protective measures” and “rehabilitate” in subsection (1) are the

prescribed standards, subject to any exemptions authorized by regulations made

under clause 176 (2) (

f) or circumstances provided for by regulations made

under clause 176 (2) (

g) in which compliance with a standard is not required.

(1) Subsection 139.3 (5) of the

Act is amended by striking out “the Director may issue an order” and

substituting “the Minister may issue an order”.

(2) The

French version of subsection 139.3 (6) of the Act is amended by striking out

“L’ordonnance prévue” at the beginning and substituting “L’arrêté prévu”.

(1) Paragraph 4 of subsection 140 (1) of the Act is repealed and the

following substituted:

4. After

the conditions set out in paragraphs 2 and 3 have been met,

i. the

proponent has submitted to the Minister a closure plan that,

A. includes

financial assurance as required under this Act or the regulations, and

B. meets

any other prescribed requirements, or

ii. the

proponent has submitted to the Minister a closure plan that does not meet the

requirements referred to in subparagraph i, together with an order under

subsection (3) permitting the filing of the closure plan.

(2) Subsection

140 (2) of the Act is repealed and the following substituted:

Certifications

(2) Regulations

made for the purposes of subparagraph 4 i of subsection (1) may require that a

statement to be included in a closure plan be certified by a qualified person

or other individual specified by the regulations.

Order

permitting filing

(3) The

Minister may by order permit the filing of a closure plan that does not meet all

of the requirements referred to in subparagraph 4 i of subsection (1), subject

submits the closure plan,

(

a) the

proponent submits a request for the order in the prescribed form and manner;

and

(

b) the

Minister determines that it is consistent with the purposes of this Act to make

the order.

Same,

(4) In

making an order under subsection (3), the Minister,

(

a) shall

include a condition that the proponent meet the outstanding requirements in the

time and manner specified by the Minister in the order; and

(

b) may

include any other terms or conditions the Minister considers appropriate.

Filing

or returning closure plan

(5) No

later than 45 days after a proponent has submitted a closure plan, the Minister

shall,

(

a) file

the closure plan and give the proponent written confirmation that the closure

plan has been filed as of the date of the written confirmation, if the closure

plan meets the requirements of this Act and the regulations or there is an

order under subsection (3) permitting the filing; or

(

b) return

the closure plan to the proponent for resubmission, if the closure plan does

not meet the requirements of this Act and the regulations and there is no order

under subsection (3) permitting the filing.

(1) Paragraph 4 of subsection 141 (1) of the Act is repealed and the

following substituted:

4. After

the conditions set out in paragraphs 2 and 3 have been met,

i. the

proponent has submitted to the Minister a closure plan that,

A. includes

financial assurance as required under this Act or the regulations, and

B. meets

any other prescribed requirements, or

ii. the

proponent has submitted to the Minister a closure plan that does not meet the

requirements referred to in subparagraph i, together with an order under

subsection (3) permitting the filing of the closure plan.

(2) Subsection

141 (2) of the Act is repealed and the following substituted:

Certifications

(2) Regulations

made for the purposes of subparagraph 4 i of subsection (1) may require that a

statement to be included in a closure plan be certified by a qualified person

or other individual specified by the regulations.

Order

permitting filing

(3) The

Minister may by order permit the filing of a closure plan that does not meet all

of the requirements referred to in subparagraph 4 i of subsection (1), subject

submits the closure plan,

(

a) the

proponent submits a request for the order in the prescribed form and manner;

and

(

b) the

Minister determines that it is consistent with the purposes of this Act to make

the order.

Same,

(4) In

making an order under subsection (3), the Minister,

(

a) shall

include a condition that the proponent meet the outstanding requirements in the

time and manner specified by the Minister in the order; and

(

b) may

include any other terms or conditions the Minister considers appropriate.

Filing

or returning closure plan

(5) No

later than 45 days after a proponent has submitted a closure plan, the Minister

shall,

(

a) file

the closure plan and give the proponent written confirmation that the closure

plan has been filed as of the date of the written confirmation, if the closure

plan meets the requirements of this Act and the regulations or there is an

order under subsection (3) permitting the filing; or

(

b) return

the closure plan to the proponent for resubmission, if the closure plan does

not meet the requirements of this Act and the regulations and there is no order

under subsection (3) permitting the filing.

Section 141.2 of the Act is repealed and the following substituted:

Compliance

with filed closure plan

141.2 A proponent shall

comply with their filed closure plan.

(1) Paragraph 4 of subsection 143 (1) of the Act is repealed and the

following substituted:

4. After

the conditions set out in paragraphs 2 and 3 have been met,

i. the

proponent has submitted to the Minister an amendment to the closure plan that,

A. includes

financial assurance as required under this Act or the regulations, and

B. meets

any other prescribed requirements, or

ii. the

proponent has submitted to the Minister an amendment to the closure plan that

does not meet the requirements referred to in subparagraph i, together with an

order under subsection (3) permitting the filing of the closure plan.

(2) Subsections

143 (2) and (3) of the Act are repealed and the following substituted:

Certifications

(2) Regulations

made for the purposes of subparagraph 4 i of subsection (1) may require that a

statement to be included in an amendment to a closure plan be certified by a qualified

person or other individual specified by the regulations.

Order

permitting filing

(3) The

Minister may by order permit the filing of an amendment to a closure plan that

does not meet all of the requirements referred to in subparagraph 4 i of

if, before the proponent submits the amendment,

(

a) the

proponent submits a request for the order in the prescribed form and manner;

and

(

b) the

Minister determines that it is consistent with the purposes of this Act to make

the order.

Same,

(4) In

making an order under subsection (3), the Minister,

(

a) shall

include a condition that the proponent meet the outstanding requirements in the

time and manner specified by the Minister in the order; and

(

b) may

include any other terms or conditions the Minister considers appropriate.

Amendments,

ordered by Minister

(5) The

Minister may at any time, by order, require that the proponent submit, within

the time specified in the order and in accordance with the order, amendments to

a filed closure plan, which may include requirements to increase the amount of

financial assurance.

Filing

or returning amendment to closure plan

(6) No

later than 45 days after a proponent has submitted an amendment to a closure

plan, the Minister shall,

(

a) file

the amendment and give the proponent written confirmation that the amendment

has been filed as of the date of the written confirmation, if the amendment

meets the requirements of this Act and the regulations or there is an order

under subsection (3) permitting the filing; or

(

b) return

the amendment to the proponent for resubmission, if the amendment does not meet

the requirements of this Act and the regulations and there is no order under

subsection (3) permitting the filing.

(1) Subsection 143.1 (1) of the Act is repealed and the following

substituted:

Specified

changes by order

(1) The

Minister may at any time, by order, require changes to a filed closure plan.

(2) Subsection

143.1 (2) of the Act is amended by striking out the portion before paragraph 1

and substituting the following:

Same,

mine hazard under s. 147 (1)

(2) If

a change ordered under subsection (1) is to a closure plan for a mine hazard

under subsection 147 (1) and the order requires that a new

schedule for

completing the rehabilitation of the mine hazard be submitted, the following

rules apply:

. . . .

(3) The

French version of paragraphs 1 and 2 of subsection 143.1 (2) of the Act are

amended by striking out “l’ordonnance” wherever it appears and substituting in

each case “l’arrêté”.

(4) Subsection

143.1 (3) of the Act is amended by striking out “within 30 days after receiving

the order requiring changes, notify the Director” and substituting “within 30

days after receiving the order requiring changes, notify the Minister”.

by striking out “forthwith” and substituting “promptly”.

(2) Subsection

144 (2) of the Act is repealed and the following substituted:

Notice

of material change

(2) A

proponent shall promptly notify the Minister in the prescribed form and manner

if a change that could reasonably be expected to have a material effect on the

adequacy of the proponent’s filed closure plan is planned, has occurred or is

likely to occur.

(1) Paragraph 6 of subsection 145 (1) of the Act is repealed and the

following substituted:

6. Any

other form of security or any other guarantee or protection, including a pledge

of assets, a sinking fund, royalties per tonne or any type of phased financial

assurance, that meets any prescribed requirements and that is acceptable to the

Minister.

(2) Subsections

145 (2) to (5) of the Act are repealed.

(3) The

“forthwith” and substituting “promptly”.

(4) Section

145 of the Act is amended by adding the following subsections:

Change

in phased financial assurance

(6.1) If

the financial assurance provided under this

section is any type of phased

financial assurance and the proponent fails to comply with the required

phasing, the Minister may require, in the prescribed manner, that the proponent

promptly provide cash, a letter of credit, a bond or other security, guarantee

or protection acceptable to the Minister for any or all of the outstanding

amount.

Change

of financial assurance on application

(6.2) A

proponent may apply to the Minister for a change in the form of financial

assurance specified in the filed closure plan to another form permitted under

subsection (1).

Deemed

amendment

(6.3) If

the Minister approves a change under subsection (6), (6.1) or (6.2), an

amendment to the proponent’s closure plan indicating the change shall be deemed

to have been filed.

The Act is amended by adding the following section:

Order

for rehabilitation

(1) If

the Minister has reasonable and probable grounds for believing that a

rehabilitation measure required by a filed closure plan in respect of which

financial assurance was given has not been or will not be carried out in

accordance with the plan, the Minister may, by order, provide for the

performance of the rehabilitation measure.

Notice

(2) At

least 15 days before an order is issued under subsection (1), the Minister

shall give the proponent written notice of an intention to issue the order.

Parties

affected

(3) Both

the notice and the order shall be directed to,

(

a) the

proponent who submitted the closure plan or to their successor; and

(

b) any

person who, to the Minister’s knowledge, provided the financial assurance for

or on behalf of the proponent or to that person’s successor or assignee.

Realization

of security

(4) On

the issuance of the order, the Crown may use any cash, realize any letter of

credit or bond or enforce any other security, guarantee or protection provided

or obtained as financial assurance for the performance of rehabilitation

measures in respect of the site or mine hazard in order to carry out the rehabilitation

measure specified in the order.

Performance

by agent

(5) The

Minister may appoint an agent to carry out a rehabilitation measure on behalf

of the Crown, if the Minister considers it necessary.

(1) The French version of subsection 147 (1) of the Act is amended

by,

(

a) striking

out “peut, par écrit,” and substituting “peut, par arrêté,”; and

(

b) striking

out “l’ordonnance” and substituting “l’arrêté”.

(2) Subsection

147 (2) of the Act is amended by striking out “does not comply with an order of

the Director under subsection (1), the Director may” and substituting “does not

comply with an order under subsection (1), the Minister may”.

(3) Subsection

147 (3) of the Act is repealed and the following substituted:

Recommendation

that lease be voided

(3) If

the proponent does not comply with an order under subsection (1) and is a

lessee of the lands on which the mine hazard exists, the Minister may recommend

to the Lieutenant Governor in Council that the lease be declared void on

condition that the Minister indicate in the notice referred to in subsection

(2) the intention to make such a recommendation.

(4) The

French version of subsection 147 (5) of the Act is amended by striking out

“l’ordonnance rendue” and substituting “l’arrêté pris”.

Subsection 151 (3) of the Act is amended by striking out “subsection 145 (5)” in

the portion before clause (

a) and substituting “section 146”.

(1) Subsection 152 (1) of the Act is repealed and the following

substituted:

Appeals

Appeal

to Tribunal

(1) A

proponent may appeal to the Tribunal,

(

a) an

order requiring the submission of a closure plan under subsection 147 (1);

(

b) an

order requiring changes to a filed closure plan under

section 143.1; or

(

c) an

order for the performance of rehabilitation measures under

section 146.

(2) The

French version of subsection 152 (2) of the Act is amended by,

(

a) striking

out “d’une ordonnance ou d’une mesure visée” and substituting “d’un arrêté ou

d’une mesure visés”; and

(

b) striking

out “l’ordonnance” and substituting “l’arrêté”.

(3) Subsection

152 (4) of the Act is repealed and the following substituted:

Automatic

stay unless removed

(4) Upon

service on the Minister of the notice under subsection (2), the Minister’s

order is stayed until the Tribunal disposes of the appeal unless the Minister

applies, on notice, for a removal of the stay.

(4) Subsection

152 (5) of the Act is amended by striking out “or to filed amendments to a

closure plan”.

(5) Subsection

152 (6) of the Act is repealed and the following substituted:

Refusal

by Tribunal

(6) Despite

subsection (4), the Tribunal shall refuse to hear an appeal of an order for

changes to a filed closure plan that require an increased amount of financial

assurance unless the proponent has provided the Minister, along with the notice

of appeal, with the increased amount of financial assurance required, which

amount shall be held by the Crown pending the outcome of the appeal.

(6) Subsection

152 (8) of the Act is amended by striking out “the Director’s order or action”

and substituting “the Minister’s order or action”.

(1) Paragraph 1 of subsection 152.1 (2) of the Act is repealed and

the following substituted:

1. That

the permit holder shall ensure the remediation of the land on which the

tailings or other waste materials are located, such that the condition of the

land with respect to one or both of public health and safety or the environment

following the remediation is comparable to or better than it was before the

recovery, as determined by the Minister.

(2) Subclause

152.1 (3) (a) (iii) of the Act is repealed and the following substituted:

(iii) how

the land would be remediated such that the condition of the land with respect

to one or both of public health and safety or the environment following the

remediation is comparable to or better than it was before the recovery, as

determined by the Minister,

(3) Clause

152.1 (5) (

d) of the Act is repealed and the following substituted:

(

d) whether,

if the remediation were carried out in accordance with the proposed recovery

and remediation plan, the condition of the land with respect to one or both of

public health and safety or the environment following the remediation would be comparable

to or better than it was before the recovery; and

(1) The French version of subsection 152.6 (1) of the Act is amended

by,

(

a) striking

out “peut, par ordonnance” in the portion before clause (

a) and substituting

“peut, par arrêté”;

(

b) striking

out “dans l’ordonnance” wherever it appears and substituting in each case “dans

l’arrêté”; and

(

c) striking

out “et que l’ordonnance de cessation de l’activité ait été révoquée” at the

end of clause (

c) and substituting “et que l’arrêté de cessation de l’activité

ait été révoqué”.

(2) The

French version of subsection 152.6 (2) of the Act is amended by striking out

“peut, par ordonnance” and substituting “peut, par arrêté”.

(3) The

French version of subsection 152.6 (3) of the Act is amended by striking out

“une ordonnance prise” and substituting “un arrêté pris”.

(1) The French version of clause 152.7 (1) (

a) of the Act is amended

by striking out “une ordonnance prise” and substituting “un arrêté pris”.

(2) The

French version of subsections 152.7 (2) and (3) of the Act are amended by

striking out “l’ordonnance” wherever it appears and substituting in each case

“l’arrêté”.

21 Subsection 153 (2) of the Act is repealed.

(1) Subsection 153.2 (1) of the Act is amended by striking out “an

order of the Director, the Tribunal or the Minister under this Part” in the

portion before clause (

a) and substituting “an order under this Part”.

(2) Subsection

153.2 (2) of the Act is amended by striking out “the Director may recommend

that the Minister not consent to the transfer of the lease or licence” at the

end and substituting “the Minister may, on that basis, refuse to consent to the

transfer of the lease or licence”.

(3) The

French version of subsection 153.2 (3) of the Act is amended by striking out

“peut ordonner” and substituting “peut, par arrêté, ordonner”.

(4) Subsection

153.2 (4) of the Act is amended by striking out clause (

a) and the portion

before clause (

a) and substituting the following:

Realization

of security

(4) If

a proponent fails to comply with an order referred to in subsection (3), the

Minister may,

(

a) realize

on the financial assurance under

section 146 if the proponent is subject to a

closure plan;

. . . .

(5) Subsection

153.2 (5) of the Act is amended by striking out “an order of the Director,

Tribunal or Minister” and substituting “an order under this Part”.

(6) Section

153.2 of the Act is amended by adding the following subsection:

Deemed

amendment

(7) If

a filed closure plan is transferred in accordance with subsection (6), an

amendment to the closure plan indicating the transfer shall be deemed to have

been filed.

(1) The French version of subsection 153.4 (1) of the Act is amended

by striking out “d’une ordonnance ou” in the portion before clause (a).

(2) The

French version of subsection 153.4 (2) of the Act is amended by,

(

a) striking

out “et l’ordonnance ou l’arrêté sont réputés signifiés” and substituting “et

l’arrêté est réputé signifié”; and

(

b) striking

out “de l’avis, de l’ordonnance ou de l’arrêté” and substituting “de l’avis ou

de l’arrêté”.

(3) The

French version of subsection 153.4 (3) of the Act is amended by,

(

a) striking

out “et les ordonnances ou arrêtés” and substituting “et les arrêtés”; and

(

b) striking

out “l’avis, l’ordonnance ou l’arrêté” and substituting “l’avis ou l’arrêté”.

Section 153.5 of the Act is repealed and the following substituted:

Notice

for amending and revoking orders

153.5 If the Minister amends

or revokes any order made under this Part, the Minister shall give written

notice to the person to whom the order is directed.

(1) Subsection 167 (2) of the Act is amended by,

(

a) striking

out “an order of the Director, Tribunal or Minister under

Part VII” and

substituting “an order under

Part VII”; and

(

b) striking

out “aux conditions de l’ordonnance” and substituting “aux conditions de

l’ordonnance ou de l’arrêté ” in the French version.

(2) Subsection

167 (3) of the Act is repealed and the following substituted:

Application

for restraining order

(3) The

Minister may apply at any time to a judge of the Superior Court of Justice for

an order prohibiting advanced exploration, mining or mine production on a site

if any person fails to,

(

a) comply

with

section 140, 141 or 141.1, as the case may be, before commencing or

recommencing a project;

(

b) comply

with a term or condition of an order made under subsection 140 (3), 141 (3) or 143

(3);

(

c) comply

with a filed closure plan as required under

section 141.2;

(

d) comply

with the requirements of

section 143 or 143.1; or

(

e) submit

a notice of material change required under subsection 144 (2).

(1) Clause 170.1 (3) (

a) of the Act is amended by striking out “a

Director’s decision” and substituting “a decision”.

(2) Clause

170.1 (3) (

b) of the Act is amended by striking out “clause 140 (1) (

c) or 141

(1) (c)” and substituting “paragraph 3 of subsection 140 (1) or paragraph 3 of

subsection 141 (1)”.

(1) Section 176 of the Act is amended by adding the following

subsection:

Same

(1.1.1) The

Lieutenant Governor in Council may make regulations governing transitional

matters arising from the enactment of the Building More

Mines Act, 2023 that, in the opinion of the Lieutenant Governor in

Council, are necessary or desirable to facilitate the implementation of

amendments made by that Act.

(2) Subsection

176 (1.2) of the Act is amended by adding “or (1.1.1)” after “subsection

(1.1)”.

(3) Subsections

176 (2) and (2.1) of the Act are repealed and the following substituted:

Regulations

Part VII

(2) Without

limiting the generality of subsection (1), the Lieutenant Governor in Council

may make regulations relating to

Part VII,

(

a) governing

closure plans and their preparation, including specifying documents and

information that must be included in a closure plan and setting out

certification and reporting requirements;

(

b) governing

the standards for rehabilitation, including governing the standards for the

protective measures to be taken in respect of the closure of a mine;

(

c) governing

determinations for the purposes of clause (

b) of the definition of

“rehabilitate” in subsection 139 (1), including setting out procedures for

requesting a determination;

(

d) governing

financial assurance for the purposes of

section 145;

(

e) imposing

time limits for the compliance of duties under the Part;

(

f) authorizing a person specified in the

regulations to exempt a proponent from complying with any standard, procedure

or requirement in a regulation made for the purposes of the Part, subject to

any terms or conditions the person may specify or that may be specified in the

regulations;

(

g) providing

for circumstances in which a proponent, project or class of either need not

comply with a regulation or a provision of a regulation made for the purposes

of the Part;

(

h) governing

transitional matters arising from the enactment of

Schedule 10 to the Accelerating Access to Justice Act, 2021 that, in the

opinion of the Lieutenant Governor in Council, are necessary or desirable to

facilitate the implementation of the amendments to this Act made by that

Schedule.

(4) Subsection

176 (2.1.1) of the Act is amended by adding “Without limiting the generality of

subsection (1)” at the beginning.

(5) Clause

176 (2.1.1) (

k) of the Act is repealed.

(6) Subsection

176 (2.2) of the Act is amended by striking out “subsection (1), (2) or

(2.1.1)” and substituting “this section”.

(1) The following provisions of the Act are amended by striking out

“the Director” and “the Director’s” wherever they appear and substituting in

each case “the Minister” or “the Minister’s” respectively:

Section

Part

VII, other than sections 152.1 to 152.7.

(2) Sections

152.1 to 152.7 of the Act are amended by striking out “the Director” and “the

Director’s” wherever they appear and substituting in each case “the Minister”

or “the Minister’s” respectively.

Commencement

(1) Except as otherwise provided in this section, this Act comes

into force on the day it receives Royal Assent.

(2) Sections

1 to 17 and 21 to 27 and subsection 28 (1) come into force on a day to be named

by proclamation of the Lieutenant Governor.

(3) Sections

18 to 20 and subsection 28 (2) come into force on the later of the day subsection

5 (1) comes into force and the day

section 7 of

Schedule 12 to the Supporting People and Businesses Act, 2021 comes into

force.

Short

title

The

short title of this Act is the Building More Mines Act,

2023 .

Date Bill stage Event Outcome Committee

May 18, 2023

Royal Assent

Royal Assent received

May 10, 2023

Third Reading

Vote

Carried on division

May 10, 2023

Third Reading

Question put

May 10, 2023

Third Reading

Closure

Carried on division

May 9, 2023

Third Reading

Moved closure

Vote deferred

May 9, 2023

Third Reading

Debated

May 9, 2023

Third Reading

Debated

Debate adjourned

May 8, 2023

Third Reading

Debated

Debate adjourned

April 19, 2023

Second Reading

Ordered for Third Reading

April 19, 2023

Second Reading

Report adopted

April 19, 2023

Second Reading

Reported as amended

Standing Committee on the Interior

April 18, 2023

Second Reading

Consideration of a Bill

Standing Committee on the Interior

April 6, 2023

Second Reading

Consideration of a Bill

Standing Committee on the Interior

April 5, 2023

Second Reading

Consideration of a Bill

Standing Committee on the Interior

March 9, 2023

Second Reading

Ordered referred to Standing Committee

Standing Committee on the Interior

March 9, 2023

Second Reading

Vote

Carried on division

March 9, 2023

Second Reading

Question put

March 9, 2023

Second Reading

Closure

Carried on division

March 8, 2023

Second Reading

Moved closure

Vote deferred

March 8, 2023

Second Reading

Debated

March 8, 2023

Second Reading

Debated

March 8, 2023

Second Reading

Debated

Debate adjourned

March 7, 2023

Second Reading

Debated

Debate adjourned

March 7, 2023

Second Reading

Debated

Debate adjourned

March 2, 2023

First Reading

Ordered for Second Reading

March 2, 2023

First Reading

Vote

Carried

First Reading

March 2, 2023

Carried

Second Reading

March 7, 2023

Principal Debaters

Bailey, Robert

Sarnia—Lambton

Cuzzetto, Rudy

Mississauga—Lakeshore

Hsu, Ted

Kingston and the Islands

Leardi, Anthony

Essex

McCarthy, Todd

Durham

Pirie, Hon. George

Timmins

Scott, Laurie

Haliburton—Kawartha Lakes—Brock

Vanthof, John

Timiskaming—Cochrane

West, Jamie

Sudbury

Questions and Responses

Andrew, Jill

Toronto—St. Paul's

Armstrong, Teresa

London—Fanshawe

Bouma, Will

Brantford—Brant

Byers, Rick

Bruce—Grey—Owen Sound

Fife, Catherine

Waterloo

Ke, Vincent

Don Valley North

Kernaghan, Terence

London North Centre

Pang, Billy

Markham—Unionville

Rakocevic, Tom

Humber River—Black Creek

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Skelly, Donna

Flamborough—Glanbrook

Vaugeois, Lise

Thunder Bay—Superior North

March 7, 2023

Debated

March 8, 2023

Principal Debaters

Anand, Deepak

Mississauga—Malton

Bresee, Ric

Hastings—Lennox and Addington

Dixon, Jess

Kitchener South—Hespeler

Fife, Catherine

Waterloo

French, Jennifer

Oshawa

Gélinas, France

Nickel Belt

Glover, Chris

Spadina—Fort York

Harris, Mike

Kitchener—Conestoga

Kernaghan, Terence

London North Centre

Rickford, Hon. Greg

Kenora—Rainy River

Sarrazin, Stéphane

Glengarry—Prescott—Russell

Saunderson, Brian

Simcoe—Grey

Schreiner, Mike

Guelph

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Vaugeois, Lise

Thunder Bay—Superior North

Questions and Responses

Armstrong, Teresa

London—Fanshawe

Bell, Jessica

University—Rosedale

Bouma, Will

Brantford—Brant

Burch, Jeff

Niagara Centre

Gallagher Murphy, Dawn

Newmarket—Aurora

Gates, Wayne

Niagara Falls

Harden, Joel

Ottawa Centre

Karpoche, Bhutila

Parkdale—High Park

Khanjin, Andrea

Barrie—Innisfil

Leardi, Anthony

Essex

Pierre, Natalie

Burlington

Romano, Ross

Sault Ste. Marie

Sattler, Peggy

London West

Smith, Laura

Thornhill

Stevens, Jennifer (Jennie)

St. Catharines

Wai, Daisy

Richmond Hill

West, Jamie

Sudbury

March 8, 2023

Debated

March 8, 2023

Moved closure

March 9, 2023

Closure carried on division

Carried on division

Ordered referred to Standing Committee

Standing Committee on the Interior

April 5, 2023

Consideration of a Bill

Standing Committee on the Interior

April 6, 2023

Consideration of a Bill

Standing Committee on the Interior

April 18, 2023

Consideration of a Bill

Standing Committee on the Interior

April 19, 2023

Reported as amended

Standing Committee on the Interior

Ordered for Third Reading

Third Reading

May 8, 2023

Principal Debaters

Leardi, Anthony

Essex

Oosterhoff, Sam

Niagara West

Pirie, Hon. George

Timmins

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Smith, Dave

Peterborough—Kawartha

West, Jamie

Sudbury

Wong-Tam, Kristyn

Toronto Centre

Questions and Responses

Armstrong, Teresa

London—Fanshawe

Coe, Lorne

Whitby

Dowie, Andrew

Windsor—Tecumseh

Fife, Catherine

Waterloo

French, Jennifer

Oshawa

Harden, Joel

Ottawa Centre

Hogarth, Christine

Etobicoke—Lakeshore

Jones, Trevor

Chatham-Kent—Leamington

Mamakwa, Sol

Kiiwetinoong

McCarthy, Todd

Durham

May 9, 2023

Principal Debaters

Bourgouin, Guy

Mushkegowuk—James Bay

Flack, Rob

Elgin—Middlesex—London

Fraser, John

Ottawa South

Kusendova-Bashta, Natalia

Mississauga Centre

Mamakwa, Sol

Kiiwetinoong

Mantha, Michael

Algoma—Manitoulin

Schreiner, Mike

Guelph

Questions and Responses

Bailey, Robert

Sarnia—Lambton

Bouma, Will

Brantford—Brant

Burch, Jeff

Niagara Centre

Glover, Chris

Spadina—Fort York

Holland, Kevin

Thunder Bay—Atikokan

Kernaghan, Terence

London North Centre

Sattler, Peggy

London West

Smith, Laura

Thornhill

Tabuns, Peter

Toronto—Danforth

May 9, 2023

Debated

Moved closure

May 10, 2023

Closure carried on division

Carried on division

Royal Assent

May 18, 2023

Royal Assent received