Mine Development

Since mining projects vary in size and scope, permitting will depend on the specifics of the project, its location and facilities, and many other factors. Permitting processes for larger-scale projects may be very complex. A guide to starting a project provides a basic description for preparing for the permitting process. An outline of the various permitting approval requirements is outlined in the myLaws section. 

Mine Production under the Mining Act

"Mine production" means mining that is producing any mineral or mineral-bearing substance for immediate sale or stockpiling for future sale, and includes the development of a mine for such purposes" 

Lease or Patent Requirement

Mine production is allowed only on mining claims brought to lease or on a mining patent. The removal of minerals other than for exploration/evaluation purposes requires some form of mineral rights tenure. Rights to the mineral must be obtained either via a lease or patent under the Mining Act. In some cases, mineral rights were granted or are deemed granted with the original freehold patent. For further information see the section on mining lands.

Other Land Tenure Requirements

Acquisition of project lands may be a significant factor in the development of the project. The land tenure page discusses the requirements and methods of land acquisition to support the project or its infrastructure under both the Mining Act and Public Lands Act.

Metallic Minerals, Non-metallic Minerals and Aggregate

Mine production under the Mining Act applies to underground mining of all minerals and surface mining of all metallic minerals but only some non-metallic minerals. The non-metallic minerals covered by the Mining Act for surface mining are as follows: andalusite, asbestos, barite, coal, diamond, graphite, gypsum, kaolin, kyanite, lepidolite, magnesite, mica, petalite, phosphate-rock, nepheline-syenite, salt, sillimanite, spodumene, talc and wollastonite. Other non-metallic minerals are considered aggregate as defined by the Aggregate Resources Act. Please see the section on aggregate and the Aggregate Resources Act. 

Placer Mining

Placer mining is the extraction of non-aggregate minerals from sand and gravel, soil or other loose, unconsolidated surface materials. Placer minerals are typically are gold, silver, platinum or precious stones.

Placer mining is regulated under the Mining Act administered by the Ministry of Northern Development and Mines (MNDM). However, the excavation of aggregate or topsoil resulting from non-aggregate mineral extraction from a placer deposit is considered to be the operation of a pit for the purpose of Aggregate Resources Act (ARA) and an aggregate permit is required. (see ARA Section 34.  (1)). The Ministry of Natural Resources and the Ministry of Northern Development and Mines should be contacted for an interpretation of the regulatory requirements for any potential placer mining development.

Domestic Processing

Mineral ores may not be processed outside of Canada without a prior exemption from the Lieutenant Governor in Council. The application process is described at the Ministry of Northern Development and Mines website here. See myLaws – Domestic Processing.

Rough Diamonds

Rough diamonds of Canadian origin are subject to the provisions of the Export and Import of Rough Diamonds Act (EIRDA).  The Act provides controls for the export, import or transit across Canada of rough diamonds and enables the implementation in Canada of the international Kimberley Process Certification Scheme for trade in rough diamonds. See myLaws – Kimberley Process.

Remote Mines

Mines are subject to provincial mining tax under the Mining Tax Act which is administered by the Ministry of Finance. Mines that qualify as remote are eligible to receive a tax incentive under the Mining Tax Act. For further information see certification of a remote mine. See myLaws – Certification of a Remote Mine.

While taxation of mining is outside the scope of this website, some basic information on tax regimes in Canada can be found at Natural Resources Canada’s mining taxation website.

Closure Plans and Part VII of the Mining Act

Mine production triggers requirements under the Part VII of the Mining Act. These requirements include notifications, public and aboriginal consultation, closure plans and financial assurance. The requirements are detailed here. Mineral Exploration and Development staff is available to assist you through the process.

Notices

For a change in mine ownership/corporate name, a Notice of Material Change (MNDM) is required.

For a change in the status for a project, a Notice of Project Status (MNDM) is required.

(Other notice forms will be added to this list in the future.)

Other Requirements

Development of a mine will require other permits and approvals depending on the type of project, facilities being constructed, location and other factors. Larger-scale projects may trigger significant additional permitting requirements. Environmental Assessments are often required. The range of permit and approval requirements is summarized here and described in more detail in the regulatory topics section.

Public Consultation Requirements

New mining projects as well as mines that are recommencing are subject to public consultation requirements as dictated by the individual approvals required. See public consultation.

Aboriginal Communities

Many new mining developments especially those in more remote regions or those near Aboriginal communities will need to consider Aboriginal interests prior to development. Additional information regarding Aboriginals and the mineral industry may be found here.

Municipal Requirements

Mineral exploration and mine development activities may be subject to official plans and bylaws within municipalities. Construction of buildings and other structure will require building permits, compliance with the Ontario Building Code and will be subject to municipal property taxes. For more information see the municipal requirements page.

Cultural and Heritage Values

Studies are often required by the Ministry of Culture (MCL) to evaluate a site’s potential for cultural and heritage value to ensure these are protected. The Ontario Heritage Act and the Planning Act contain provisions regarding protection of archaeological and cultural heritage sites (studies and standards for archaeological studies will be required).

Land Use Designations

Land use restrictions on the project lands or on adjacent lands may have an impact on the project. Land restrictions such as parks or protected areas can be reviewed on websites such as CLAIMaps (Claim Maps) and the Crown Land Use Policy Atlas. Contact your local MNDMF and MNR offices for additional information.

Cutting Crown Timber

A Forest Resource Licences is required to cut Crown-owned timber. Contact your Ministry of Natural Resources district office for information on the permit requirements.

Aggregate Supply

Aggregate supplies requiring the development of a new or expanded pit may require permitting or licensing. See the section on aggregate.

Work Permits

Work permits are required for certain types of work on Crown land such the construction of roads and buildings. Information regarding work permit requirements can be found at the Ministry of Natural Resources website here. Also see Working in or Near Water – Water Crossings.

Mining/Construction Camps 

Construction of a camp requires a work permit if on Crown land (See section on work permits above). Camp health and hygiene is regulated by the Health Protection and Promotion Act administered by the Ministry of Health and community public health units. A Notice of Camp Opening is required for field camps serving five or more persons in unorganized territory. Local heath units may also approve small-sized sewage systems for these camps depending on the number of people in the camp. 

See myLaws - Notice of Camp Opening, Work Permits, Zoning Order.

Fire Prevention: 

Operations must comply with the Forest Fires Prevention Act. Information regarding the requirements of the Act and fire safety can be found at MNR's website.

In addition, if the project is within a municipality, additional restrictions and requirements may apply. Contact the local municipality where the project is located for information.

Working in or Near Water

Water Crossings: 

Water crossings, including culverts, bridges and winter ice bridges, require approval from the Ministry of Natural Resource. This approval is required for all water crossings whether on Crown, municipal, leased or private land and includes water crossings for trails. Authorization may take the form of a work permit under the Public Lands Act (PLA) or approvals under the Lakes and Rivers Improvement Act (LRIA). Information about water crossing requirements can be found at the Ministry of Natural Resources website here. See myLaws - Work Permit-PLA and myLaws - Approval–LRIA . Readers are advised to contact your local Ministry of Natural Resources office to obtain the appropriate approval. 

In areas under the jurisdiction of a conservation authority, some activities may be managed or regulated by the conservation authority. Please contact the local conservation authority for more information.

In circumstances where there is potential to affect fish or fish habitat, the federal Department of Fisheries and Oceans (DFO) must be contacted. Proper planning and care must be taken to mitigate impact on water quality and fish habitat. Where impact on fish habitat is unavoidable, a Fisheries Act Authorization will be required from DFO. In some cases, the Ministry of Natural Resources and local conservation authority may also be involved. See myLaws – Fish Habitat Authorization . 

Any work undertaken in a navigable waterway must receive Transport Canada's approval prior to its construction. The type of approval required and the process to be followed will vary depending on the type and complexity of the proposed work. See myLaws – Navigable Waters.

Dams and Diversions: 

The construction of dams, dikes and diversions require approvals under the Lakes and Rivers Improvement Act (LRIA). “Dam” under the Act means a structure or work forwarding, holding back or diverting water and includes a dam, tailings dam, dike, diversion, channel alteration, artificial channel, culvert or causeway. Approvals are obtained through the Ministry of Natural Resources. See myLaws Approval– LRIA . 

In areas under the jurisdiction of a conservation authority, some activities may be managed or regulated by the conservation authority. Please contact the local conservation authority for more information.

In circumstances where there is potential to affect fish or fish habitat, the Ministry of Natural Resources, conservation authority and the federal Department of Fisheries and Oceans (DFO) must be contacted. Proper planning and care must be taken to mitigate impact on water quality and fish habitat. Where impact on fish habitat is unavoidable, a Fisheries Act Authorization will be required from DFO. See myLaws – Fish Habitat Authorization .

Dredging: 

Dredging may be required for navigation purposes for some mining operations needing access to water transportation. Dredging may require approvals from a number of government bodies including the Ministry of Natural Resources under the Public Lands Act. See myLaws – Work Permit-PLA. The Ontario Ministry of the Environment has several useful publications on dredging.

Approvals may also be required under the Federal Fisheries Act. Marine dumping of dredge spoils requires the approval of Environment Canada. See myLaws - Dredge Disposal .

Environmental Permits and Approvals

Various environmental standards, permits and approval processes will apply to different aspects of a mining project. These include permit requirements for: power generation systems, waste management systems, treatment systems, emission sources and water takings. For a more detailed outline of environmental permits and approvals see here. 

Electricity Projects and Power Lines

In addition to other permits that may be required, changes to the Energy Act now subject private electricity projects to the requirements of the provincial Environmental Assessment Act. For example:

• Diesel generation facilities between >1 MW and <5 MW require a screening level environmental assessment.
• Diesel generation facilities >5 MW require an individual environmental assessment
• Most power transmission lines will be subject to the class environmental assessment process for minor transmission line projects.

See the section on environmental assessments for further information.
 
Many transmission lines also require approval under the Ontario Energy Board. See myLaws - OEB Order to Construct.

Environmental Assessments

Mine development projects often trigger environmental assessment requirements under both the Canadian Environmental Assessment Act and the Ontario Environmental Assessment Act. The type of the environmental assessment usually depends on the nature of the regulatory trigger. The implications environmental assessment on project permits and schedule will depend the type of process. See the section on environmental assessment.

Occupational Health and Safety Requirements

There are extensive requirements for surface operations and underground operations. 

For a detail discussion of the requirements click here. Also visit the Ministry of Labour (MOL) website or visit ServiceOntario’s Workplace Gateway for additional information.

Explosives

Magazine Licences:

Licences are required for the establishment of a storage facility for all explosives where quantities exceed 75 kilograms or 100 detonators. Licences are issued by regional offices of the Explosives Regulatory Division of Natural Resources Canada. See myLaws - Magazine Licence.
 

Factory Licences:

Licences are required for explosive manufacturing facilities. For more information visit Natural Resource Canada’s website here.

The Canadian Environmental Assessment Act (CEAA) requires that an environmental assessment is completed before a factory licence is issued or significant amendments or changes are expected to an existing factory. See myLaws - Factory Licence.
 

Transportation Permits:

An Explosives Transportation Permit is generally required when transporting explosives by road in loads exceeding 2,000 kilograms net explosives weight. Transport Canada’s Dangerous Goods Directorate issues these permits. For more information on transportation permits, contact: Dangerous Goods Directorate of Transport Canada. 
 

Worker Safety: 

Procedures for storage and use of explosives are outlined in the Occupational Health and Safety Act - Regulation for Mines and Mining Plants. A notification to the Ministry of Labour inspector and the joint health and safety committee is required. See myLaws – Notice of Explosives and the section on health and safety for more information.

Fuel Storage and Handling

Technical Safety Inspections and Approvals Standards for fuels storage and handling are covered under the Technical Standards & Safety Act. For more information about TSSA requirements including certification and inspections contact, the Technical Standards & Safety Authority.

Spills

Part X of the Environmental Protection Act requires immediate notification to the MOE and others in the event of a spill of a pollutant into the natural environment. Any abnormal discharge of a contaminant into the natural environment is considered a spill and requires immediate notification. See the Spills Action Centre. The owner or controller of the pollutant also has the duty to act to restore the natural environment and prevent any adverse effects. The MOE Spills Action Centre is available 24 hours a day at 1-800-268-6060 for spill notification. See the link for more information. See myLaws - Spills.

Provincial Highways

Anyone planning to construct on, or adjacent to, a provincial highway may require a permit from the Ontario Ministry of Transportation (MTO). MTO issues permits under the Public Transportation and Highway Improvement Act, and administration of the permits is the responsibility of the Corridor Management Office.

The Corridor Management Office administers control over the following activities on and adjacent to provincial highways:

• Commercial signage. See myLaws - Hwy Commercial Sign Permit
• Building construction and land use. See myLaws - Hwy Corridor Building/Land use Permit
• Entrances to provincial highways. See myLaws - Hwy Entrance Permit
• Encroachments of hwy right-of-way. See myLaws - Hwy Encroachment Permit.

Information on all highway corridor-related activities can be obtained from your local MTO highway corridor management office. Appropriate permit applications can be found in each of the activities sites listed above.

Construction of a new highway or relocation of an exiting highway triggers Class Environmental Assessment for Provincial Transportation Facilities. See the Section on environmental assessments or contact the Ministry of Transportation.

Pipelines

Hydrocarbon pipelines may require approval under the Ontario Energy Board. See myLaws - Pipeline Construction.

Railway Crossings

Private railway crossings may require a use and maintenance agreement with the local railway company. Please contact the specific railway company for further information.