Advanced Exploration

Advanced Exploration Project under the Mining Act

Certain types of projects classified as Advanced Exploration trigger requirements under Part VII of the Mining Act. Click here for the definition of Advanced Exploration under the Mining Act.

These requirements include notification, public and aboriginal consultation, closure plans and financial assurance. The requirements are detailed here.

Note that mine production is allowed only on mining claims brought to lease or on a mining patent. The removal of mineral-bearing material under Advanced Exploration must be for exploration/evaluation purposes. Permission to Test Material is required for bulk sampling on unpatented claims. See myLaws - Permission to Test Material & Application Instructions for Bulk Sampling.

The Ministry of Northern Development and Mines' (MNDM) 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

Advanced Exploration projects most often require various other permits and approvals depending on the type of project, location and other factors. Larger-scale projects may trigger significant additional permitting requirements. The range of permit and approval requirements is summarized here and described in more detail in the regulatory topics section. Guide to Starting a Project provides a basic description for preparing for the permitting process.

 

Public Consultation Requirements

New Advanced Exploration projects may be subject to public consultation requirements as dictated by the individual approvals required. See Public Consultation.
 

Aboriginal Communities

Many projects, 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 structures 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.

 

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.
 

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).
 

Requirements for Cutting Crown Timber:

A Forest Resource Licence may be required to cut Crown-owned timber. Contact your Ministry of Natural Resources district office for information on the permit requirements. See myLaws – Timber Licence.

 

Development of Aggregate Sources: 

Development of an aggregate pit will require permitting from the Ministry of Natural Resources (MNR) if the aggregate is Crown owned, or licencing if located in designated parts of the province.
 

Work Permits:

Permits are required for certain types of work on Crown land, such as the construction of roads and buildings or structures. Information regarding work permit requirements can be found at the MNR website here. Work permits are not required if the work is on property where the surface is leased or patented. See myLaws – Work Permit-PLA. Also, see Working in or Near Water Crossings.



 

Camps:

Construction of an exploration 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 health 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.

Fire Permits

If you are planning to do any burning while you carry out your exploration program, please review the Burning Guidelines in order to determine if a fire permit is required. Fire permits may be obtained from your local Ministry of Natural Resources office. See myLaws – Burning Permits.
 

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 municipality where the project is located for information.

Access Roads

Public forest access roads:

Public forest access roads can be opened or closed at the discretion of the MNR - district manager by authority of the Public Lands Act S.52. The district manager may also grant a permit for travel under terms and conditions he or she may consider advisable. Access roads may closed by barricade, or posting of signage. Proponents should contact the local MNR office for current road conditions and closures.
 

Private forest access roads:

Private forest access roads may not be accessible to the public unless under term and conditions of an agreement with the land holder.

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 Authorization–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 the local conservation authority may also be involved. See myLaws – Fish Habitat Authorization.

Any work undertaken in a navigable waterway that will impede navigation 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 requires 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 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.

Environmental Permits and Approvals

Various environmental standards, permits and approval processes may apply to some aspects of an Advanced Exploration 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

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.
• The section on Environmental Assessments for further information.

Environmental Assessments

There are a number of environmental assessment processes that may apply to an Advanced Exploration project. While the environmental assessment process is often routine, there are some instances where more significant processes may be triggered. See the section on environmental assessments for further information.

Occupational Health and safety Requirements

There are extensive requirements for surface operations and underground operations. For a detailed discussion of the requirements click here . Also, visit the Ministry of Labour (MOL) website or visit ServiceOntario's Workplace Gateway for additional information.

Explosives

Blasting Explosives Purchase and Possession Permit:

A permit is required for the purchase of blasting explosives when it is for personal use and not for sale or transfer, when the quantity does not exceed the licencing threshold of 75 kilograms and/or 100 detonators, and storing does not exceed 90 days. This permit can be obtained from the licenced explosives vendor nearest you. See myLaws – Explosives Permit.

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.

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 - Notice of Magazine or Use of Explosives. See myLaws – Notice of Explosives and the section on health and safety for more information.
The Ontario Ministry of Labour has a fact sheet titled "How to Obtain Blasting Explosives".

Fuel Storage and Handling Technical Safety Inspections and Approvals

Standards for fuels storage and handling are covered under the Technical Standards & Safety Act (TSSA). 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 Ministry of the Environment (MOE) 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.  See my Laws - Spills.
The owner or controller of the pollutant also has the duty to act to restore the natural environment and prevent any adverse affects.
The MOE Spills Action Centre is available 24 hours a day at 1-800-268-6060 for spill notification. See the link above for more information.

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.

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.