Closure Plans

Closure Plans ensure that mining operations are developed and operated with a sound strategy and the financial resources necessary for the eventual closure of the operation.

For all new Advanced Exploration or mining projects a proponent must have a certified Closure Plan in place prior to development. The approval process for new advanced exploration and mines are described here. See myLaws - Closure Plan.

Standards

Schedule 1 - Mine Rehabilitation Code of Ontario in Ontario Regulation 240/00 sets out the standards for closure. Schedule 2 of this regulation details the required format and content of a closure plan. See myLaws - Closure Plan.

Links to other referenced standards are available at the Ministry’s website for Part VII of the Mining Act.

Certification

Closure Plans must be certified according to Section 12 of Ontario Regulation 240/00, which includes both corporate certification that the Closure Plan meets all requirements of the Act and a technical certification that the Closure Plan meets all applicable technical requirements. See myLaws - Closure Plan.

Financial Assurance

Financial Assurance is a financial guarantee in an approved form, provided with Closure Plans and held in trust by the government on behalf of the proponent. For further information, contact the Financial Assurance Office of the Ministry of Northern Development, Mines and Forestry or see the Financial Assurance Policy Index.

First Nation Consultation

A Closure Plan must provide details of and certify that the proponent has carried out reasonable and good faith consultation with the appropriate representatives of all First Nation communities affected by the project. See Section 12 of Ontario Regulation 240/00. For further discussion of this subject, see the section on First Nation Consultation. See myLaws - Closure Plan

Filing of a Closure Plan

Once filed an operator is legally required to operate according to the Closure Plan.

Progressive Rehabilitation

A proponent shall take all reasonable steps to progressively rehabilitate a site whether closure has commenced or a Closure Plan has been filed. A report must be filed to the Director of Mine Rehabilitation within 60 days of completing the work. See myLaws – Progressive Rehabilitation.

Material Changes

A proponent subject to a Closure Plan must file a Notice of Material Changes (form - PDF, 787kB) if the project alterations or additions have a material affect on the adequacy of the Closure Plan. See myLaws – Material Changes.

Amendments

A proponent may file or the director may at any time order amendments to a certified Closure Plan including the amount of financial assurance. (see Mining Act 143(2)).

Return of Financial Assurance

Financial Assurance will be returned on evidence that the rehabilitation work guaranteed by financial assurance has been performed in accordance with the Closure Plan and to the ministry’s satisfaction.

Notice Required When Implementing Closure of a Site

Mining or Advanced Exploration projects operating under a Closure Plan must file a Notice of Project Status (form - PDF, 798kB) when commencing any one of the three stages of mine closure (temporary suspension, state of inactivity, or closed-out) or making any change in the stage of closure reached.

Mine Plans

A proponent subject to a Closure Plan must prepare and update annually mine plans, which must include a surface site plan as required in the closure plan and plans and sections showing all mine workings. These plans must be submitted to the Director of Mine Rehabilitation on request and be made available for inspection.

If the project is placed in a state of inactivity or is closed out, the proponent shall promptly revise the plans to the date of inactivity or close out and submit them to the appropriate office of the resident geologist of the ministry. See myLaws – Mine Plans.

Mine Rehabilitation Works

All rehabilitation work done under the Mining Act is protected from harmful disturbance of alteration without ministerial permission. See myLaws – Protection of Rehabilitation Works.