p43 s1 bill 71 b071rep e.pdf

Ontario — Bills

1ST SESSION, 43RD LEGISLATURE, ONTARIO 1 CHARLES III, 2023 Bill 71

An Act to amend the Mining Act The Hon. G. Pirie Minister of Mines Government Bill 1st Reading March 2, 2023 2nd Reading March 9, 2023 3rd Reading Royal Assent (Reprinted as amended by the Standing Committee on the Interior and as reported to the Legislative Assembly April 19, 2023) (The provisions in this bill will be renumbered after 3rd Reading)

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. 2.

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 measure s”, 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 t hat the outstanding requirements be met within the period specified by the Minister in the order, and may be subject to further terms and conditions that the Minister may include in the order. Similar 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 146.

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 ins tead 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 a mendment 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

An 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

(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”. 2

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). 3

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. 4 Paragraph 2 of subsection 138 (1) of the Act is repealed. 5

(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 wh ich compliance with a standard is not required. 6

(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”. 7

(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 r equire 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 to the terms and conditions set out in subsection (4), if, before the proponent 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, terms and conditions

(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. 8

(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 to the terms and conditions set out in subsection (4), if, before the proponent submits the closure plan, (

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

3 (

b) the Minister determines that it is consistent with the purposes of this Act to make the order. Same, terms and conditions

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

a) shall include a condition

Document details

Collection	Ontario — Bills
Citation	p43 s1 bill 71 b071rep e.pdf
Type	bill
Volume / chapter	p43 s1 bill 71 b071rep e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	be26d867b342f80abfa48271ea887337ba889f3d

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