Rehabilitation of Mining Lands

Requirements for Advanced Exploration and Mine Production (Part VII of the Mining Act)

Advanced exploration and mine production requirements under Part VII of the Mining Act are administered by the Ministry of Northern Development and Mines – Mines Group.

Advanced Exploration Requirements under the Mining Act

Prior to beginning an advanced exploration project, the proponent must meet the following requirements:

• Submit Notice of Project Status (PDF, 800kB) to the Director of Mines Rehabilitation;
• Public Notification in the prescribed manner may also be required (see Section 8 of Regulation 240/00). Public Notice, if required, must be completed prior to submission of the Closure Plan;
• Consult with Aboriginal Communities affected by the project;
• File a certified Closure Plan with accompanying Financial Assurance;
• Receive written notice from the Director that the Closure Plan has been accepted as filed Closure Plans not accepted as filed will be returned and the project may not proceed;
• On unpatented mining claims (Crown land), permission is required to remove material for testing. The application process is described on the Ministry’s website. See myLaws - Permission to Test Material.

See myLaws - Notice of Project Status

See myLaws - Public Notice

See myLaws - Closure Plan

Timelines

Depending on the completeness of the information submitted:

• Proponent must certify that meaningful and good faith consultation with affected First Nations people has been conducted within the Closure Plan.
• Within 45 days of receiving the Notice of Project Status, the Director may require Public Notice.
• If a Public Notice has been required, the proponent must carry out public notice prior to submitting the Closure Plan.
• Within 45 days of the filing of a certified Closure Plan, the Director will either accept the Closure Plan as filed and the project can proceed subject to the Closure Plan, or return the plan for re-filing if it does not meet the requirements of the Act. Note: if the director does not indicate the Closure Plan is unacceptable within 45 days, then the Closure Plan is deemed filed.
• Concurrent with the 45-day filing period, notice of the Closure Plan will be posted on the Environmental Registry for a 30-day public comment period.
• During the 45-day process, the Closure Plan will be distributed to relevant government ministries for review.

Ministry of Northern Development and Mines Mineral Exploration and Development staff are available to assist you through the above process.

Mine Production Requirements under the Mining Act

Mine production requirements are similar to advanced exploration with the main differences being that mine production is not allowed on unpatented mining claims and Public Notice is mandatory for Mine Production.

Prior to beginning mine production, a proponent must meet the following requirements:

• Submit Notice of Project Status (PDF, 800kB) to the Director of Mines Rehabilitation;
• Perform Public Notification in the prescribed manner is also required (see Section 8 of Regulation 240/00). Public Notice must be completed prior to submission of the Closure Plan;
• Consult with Aboriginal communities affected by the project;
• File a certified Closure Plan with accompanying Financial Assurance;
• Receive written notice from the Director that the Closure Plan has been accepted as filed. Closure Plans not accepted as filed will be returned and the project may not proceed.

See myLaws - Notice of Project Status

See myLaws - Public Notice

See myLaws - Closure Plan

Timelines

Depending on the completeness of the information submitted:

• The proponent must carry out public consultation no sooner than 30 days prior to mine production;
• Proponent must certify that meaningful and good faith consultation with affected First Nations people has been conducted within the Closure Plan;
• Public Notice must be carried out prior to submitting the Closure Plan.
• Within 45 days of the filing of a certified Closure Plan, the director will acknowledge receipt of the plan and the project can proceed subject to the Closure Plan, or return the plan for re-filing if it does not meet the reporting requirements for a closure plan.
• Concurrent with the 45-day filing period, notice of the Closure Plan will be posted on the Environmental Registry for a 30-day public comment period.
• During the 45-day process, the Closure Plan will be distributed to relevant government ministries for review.