Class EA for Activities of the Ministry of Northern Development and Mines under the Mining Act

Project summary

This class environmental assessment establishes a planning and approval process for activities of the Ministry of Northern Development and Mines under the Mining Act that have predictable and manageable environmental effects.

There are two types of activities:

Discretionary decisions

There are four types of discretionary decisions related to surface rights, mining rights and chattels carried out by the MNDM under the Mining Act that are subject to the Environmental Assessment Act (EAA):

• new dispositions, including exploratory licences of occupation, surface rights leases for mining, mineral rights under road allowances, or portions of lands accidentally omitted at the time of the original grant
• conversions of existing tenure, including licence of occupation to a lease, lease to an unpatented mining claim, lease to a mining patent, single lease to a multiple lease, or a multiple lease to a single lease
• forfeiture or surrender of title, including non-compliance with statutory or contractual obligations to the Crown, tax arrears, or a voluntary surrender
• disposition of assets, including permissions to remove bulk minerals or ores for testing purposes, or physical assets, such as buildings, rock piles or tailings areas, which become the property of the Crown upon the title reverting to the Crown

Mine rehabilitation and emergency remediation

Since 1999, the MNDM has administered the Abandoned Mines Rehabilitation Fund to rehabilitate Crown-held, abandoned mine sites. Funds have also been allocated for special projects where the mine hazards are not Crown properties.

Since the inception of the Abandoned Mines Rehabilitation Fund, the MNDM has undertaken rehabilitation work on approximately 75 separate sites throughout Ontario. These projects range from being small in size with minimal potential environmental effects to large-scale engineering and design projects that involve the disposal of hazardous materials and containment and treatment of acidic and metal laden discharges.

Learn more on the Ministry of Northern Development and Mines' website.

Proponent

Ministry of Northern Development and Mines

Location

Province-wide

Type

Other

Reference number

11028

Contact

Carolyn Lee, Environmental Assessment Branch
Email: carolyn.lee@ontario.ca

• Tel: 416-314-8001
• Toll-free: 1-800-461-6290

Project history

Class environmental assessment—major amendment (2020): submitted
Date submitted: September 27, 2019

Class environmental assessment—minor amendment (2018): approved
Decision date: February 28, 2018

Class environmental assessment—minor amendment (2014): approved
Decision date: July 3, 2014

Class environmental assessment (2012): approved
Date submitted: May 11, 2012
Expiry of public comment period: June 29, 2012
Expiry of public comment period for Ministry Review: October 5, 2012
Decision date: December 12, 2012

Terms of reference: approved
Date submitted: May 6, 2011; amended July 5, 2011
Expiry of public comment period: June 6, 2011
Decision date: August 23, 2011

Class environmental assessment—proposed major amendment (2020)

Ontario is taking the next steps to modernize its almost 50-year-old environmental assessment program, as committed to in our Made-in-Ontario Environment Plan.

We are working with holders of Class Environmental Assessments (Class EA) to propose sensible, practical changes that would ensure environmental protections while eliminating duplication and reducing delays on projects that matter most to Ontario communities.

By looking at smarter ways of working, we’re bringing important public services and infrastructure projects to communities of Ontario without delay.

To support the government’s modernization initiative, the Ministry of Energy, Northern Development and Mines (ENDM) is proposing amendments to the Class EA for Activities of the Ministry of Northern Development and Mines under the Mining Act.

The proposed amendments would better align the level of assessment with the level of potential environmental impact associated with a project. The proposed amendments include:

• that all discretionary tenure decisions be made exempt from the Environmental Assessment Act (i.e. be Category A activities)
• that maintenance activities, and installation of temporary fencing or hazard warning signs be assigned to Category A (For Category A projects, ENDM may proceed immediately with notification and implementation)
• changes to its project screening process which would give flexibility to assign projects to categories according to environmental risk and public interest. The “Notice Requesting Input into a Screening Process” consultation process would allow ENDM to consult on whether a proposed project is suitable for assigning to a Category A, or if it should be assessed at a higher category

In addition, ENDM proposed administrative changes to update the list of undertakings and terminology per recent amendments to the Mining Act.

Learn more about the proposed changes.

Submit your comments

Please submit comments directly to carolyn.lee@ontario.ca by August 22, 2020. An information notice related to this public consultation opportunity is posted on the Environmental Registry of Ontario.

The Ministry of the Environment, Conservation and Parks will review and consider all comments received during the comment period.

If approved, the amended Class EA would replace the existing 2018 version.

Class environmental assessment—minor amendment (2018)

Notice of minor amendment

Class environmental assessment for activities of the Ministry of Northern Development and Mines under the Mining Act

The Ministry of Northern Development and Mines has proposed minor amendments to the Class Environmental Assessment for Activities of the Ministry of Northern Development and Mines under the Ontario Mining Act (Class Environmental Assessment).

On April 2, 2015, March 10, 2016, and March 22, 2017, the Ministry of Northern Development and Mines submitted minor amendment requests to the Environmental Assessment and Permissions Branch of the Ministry of the Environment and Climate Change (ministry). The ministry has determined that the majority of the minor amendments will improve the implementation of the Class Environmental Assessment and will not substantially change the intent of Class Environmental Assessment.

Pursuant to subsection 7.2.1 of the Class Environmental Assessment, the minor amendments, with and without modifications, have been approved by the ministry. A copy of this notice and the list of approved minor amendments have been placed in the public record.

Copies of this notice and approved minor amendments can be obtained from the public record file located at:

The Ministry of Environment and Climate Change
Environmental Assessment and Permissions Branch
135 St. Clair Avenue West, 1^st Floor
Toronto, Ontario
M4V 1P5

• Tel: 416-314-8001
• Fax: 416-314-8452

Further information on the Class Environmental Assessment can be obtained from the Ministry of Northern Development and Mines’ website.

Notice dated February 28, 2018.

Table 1: Minor amendments to the class environmental assessment for activities of the Ministry of Northern Development and Mines under the Mining Act

Note: Page reference refers to the July 3, 2014 print edition of the class environmental assessment.

Planning procedures

Proposed amendment #1: 1.6, Figure 1

See proposed changes to Figure 1 (Overview of Ministry of Northern Development and Mines’s Class Environmental Assessment Process) attached.

Rationale

Current figure does not accurately depict the planning process already described in the class environmental assessment.

MOECC response

Approved without changes.

Proposed amendment #2: 2.3.1, paragraph 2

Defining the boundary of the area of the proposed project is part of the screening process.

Replace with:

Defining the boundary of the project area is the initial step in the screening process.

Rationale

Clarifying terminology and procedure.

MOECC response

Approved with changes.

The Ministry of the Environment and Climate Change also requests that the term study area be defined in the glossary (Appendix 1).

Proposed amendment #3: 3.1.1, paragraph 3

The screening process for most discretionary activities starts at the Part 1 screening criteria (Table 5) and, if necessary, proceeds to the Part 2 screening criteria (Table 6).

The screening process for permissions to test mineral content (bulk samples) and discretionary rehabilitation activities that are not emergencies or maintenance activities starts at the Part 2 screening criteria (Table 6).

Rationale

Clarifying the procedure that is reflected elsewhere in the Class Environmental Assessment.

MOECC response

Approved without changes.

Proposed amendment #4: 3.1.1.3, Table 6, column 3

Under 3. Can the effect be mitigated… added the option to select unk. (i.e., unknown).

Rationale

Clarifying procedure.

MOECC response

Approved without changes.

Heritage management process

Proposed amendment #5: 3.1.1.3, Table 6

Moved built heritage resources/cultural heritage resources to the line above archaeological resources.

Rationale

Amending text in order to be consistent with the order of Schedule A and Schedule B in Appendix 3 (Heritage Management Process).

MOECC response

Approved without changes.

Project documentation

Proposed amendment #8: 4.1.1.2

Add after 11^th bullet:

• a summary of planned construction, post-monitoring construction plans, and/or an estimation of the start and completion dates of the project, if applicable;
• any technical reports prepared for the project (as appendices); and,
• a list of approvals and permits required for the project.

Rationale

Implementation of the Class Environmental Assessment has demonstrated that project documentation requirements for Category C projects are also appropriate for many Category B projects. Therefore, the Ministry of Northern Development and Mines would like to see these additional bullets to be added to Project documentation requirements for Category B projects. Adding additional text in this section to reflect what is already described in other sections of the Class Environmental Assessment.

MOECC response

Approved without changes.

Proposed amendment #12: 5.1, 3^rd last paragraph

A Record of Consultation will be completed for Category B, C and D projects and will be added to the project file.

Rationale

Current text does not accurately describe the process for Category B projects (i.e., there is no Notice of Completion).

The Ministry of Northern Development and Mines will post notices, consultation materials and project documents (e.g. Environmental Study Report) on its Class Environmental Assessment website for Category B, C and D projects.

A complete Record of Consultation for all Category B, C and D projects will be maintained with the physical project file.

MOECC response

Approved without changes.

Planning procedures

Proposed amendment #13: 7.6.2 (Lapse of Time), after paragraph 3

Add after third paragraph:

If, during the 30-day comment period, no Part II Order requests are received, and no comments or information are received that require the proposed project to be treated as a new project, then a Revised Statement of Completion will be prepared in accordance with sections 4.1.2.2, 4.2.2.3 and 4.3.2.3, as appropriate, and added to the project file and posted on Ministry of Northern Development and Mines’s Class EA web page.

Rationale

Procedure is missing from current text. Amending text to clarify procedure.

The Ministry of Northern Development and Mines intends to further amend this section to improve the procedure for considering lapse of time. Per discussion with the Ministry of the Environment and Climate Change, the Ministry of Northern Development and Mines anticipates that this will require a major amendment to the Class Environmental Assessment and will therefore consider these changes during the Five-year Review of the Class Environmental Assessment.

MOECC response

Approved without changes.

The Ministry of the Environment and Climate Change acknowledges the Ministry of Northern Development and Mines’ proposal to further improve the lapse of time procedure as a major amendment.

Ministry name updates

Proposed amendment #14: General

All references to Regional Area Supervisor (Ministry of the Environment and Climate Change)

Change to Air, Pesticides and Environmental Planning Supervisors.

Rationale

Updated to refer to correct ministry job titles.

MOECC response

Approved with changes.

The Ministry of the Environment and Climate Change also requests that all references to the Minister of the Environment be changed to Minister of the Environment and Climate Change. References to the Director of the Environmental Approvals Branch should also be changed to the Director of the Environmental Assessment and Permissions Branch.

Species at risk

Proposed amendment #15: Appendix 1 (Glossary), Maintenance

(e.g., impacts to species at risk or cultural heritage resources)

Rationale

Amending text to be consistent with Ministry of Natural Resources and Forestry terminology. The term refers to protected species in general, whether they are protected under the Endangered Species Act (provincial) or the Species at Risk Act (federal).

MOECC response

Approved without changes.

Heritage management process

Proposed amendment #17: Appendix 3 (Heritage Management Process), Section 5.1

(Heading) 5.1 Screening Checklist for Built Heritage Resources and Cultural Heritage Landscapes)

Rationale

Clarifying terminology per Table 6 (Part 2 Screening Criteria) of Class Environmental Assessment.

MOECC response

Approved without changes.

Proposed amendment #18: Appendix 3 (Heritage Management Process), Section 12.0

Add to end of section:

See Appendix 7 for examples of typical mitigation measures that Ministry of Northern Development and Mines could use to address potential negative environmental effects.

Rationale

Updated per changes made to Section 4.6 for July 3, 2014 amendment.

MOECC response

Approved without changes.

Proposed amendment #19: Appendix 3 (Heritage Management Process), Section 13.0

(Heading) Effects Monitoring

Rationale

Clarifying type of monitoring relevant to the section. Consistent with wording in Section 4.7.

MOECC response

Approved without changes.

Proposed amendment #20: Appendix 3 (Heritage Management Process), Section 13.0, paragraph 1

As described in sections 4.7

Rationale

Correction of a typographic error.

MOECC response

Approved without changes.

Proposed amendment #21: Appendix 3 (Heritage Management Process), Section 13.0, paragraph 1

As described in section 4.7 of the Class EA, effects monitoring may be required as part of the implementation of a proposed project.

Rationale

Clarifying type of monitoring relevant to the section. The distinction between compliance monitoring and effects monitoring is appropriate for Section 4.7 but not necessary to understand procedure in Appendix 3. New wording is consistent with wording in section 4.7 of Class Environmental Assessment.

MOECC response

Approved without changes.

Proposed amendment #22: Appendix 3 (Heritage Management Process), Schedule A

(Heading) Screening Checklist for Built Heritage Resources and Cultural Heritage Landscapes

Rationale

Clarifying terminology per Heritage Management Process.

MOECC response

Approved without changes.

Proposed amendment #23: Appendix 3 (Heritage Management Process), Schedule A, Part B, 4(a)

a) is subject of a covenant or agreement (under Parts II or IV of the Ontario Heritage Act) between

Rationale

Per Ministry of Tourism, Culture and Sport suggestion, updated wording per their updated Criteria for Evaluating Potential for Built Heritage Resources and Cultural Heritage Landscapes checklists. Changes help clarify the process and/or sources of information when filling in the checklist.

MOECC response

Approved without changes.

Proposed amendment #24: Appendix 3 (Heritage Management Process), Schedule A, Part B, 4(L)

Changed current (L) to (m)

New text: l) is designated under the Heritage Lighthouse Protection Act?

For more information: http://www.pc.gc.ca/eng/progs/lhn-nhs/pp-hl/page01.aspx

Rationale

Per Ministry of Tourism, Culture and Sport suggestion, updated wording per their updated Criteria for Evaluating Potential for Built Heritage Resources and Cultural Heritage Landscapes checklists. Changes help clarify the process and/or sources of information when filling in the checklist.

MOECC response

Approved without changes.

Proposed amendment #25: Appendix 3 (Heritage Management Process), Schedule A, Part B, 4(L) – per line 24, now proposed to be 4(m)

Information can be found at the following sources:

• municipal heritage committees or local heritage organizations, for the locations of plaques in their community: http://www.mtc.gov.on.ca/en/heritage/lacac.shtml
• Ontario Historical Society’s Heritage Directory, for a list of historical societies and heritage organizations: https://www.ontariohistoricalsociety.ca/index.php/services/heritage-directory-map
• Ontario Heritage Trust, for a list of plaques commemorating Ontario’s history: http://www.heritagetrust.on.ca/Resources-and-Learning/Online-Plaque-Guide.aspx
• Historic Sites and Monuments Board of Canada, for a list of plaques commemorating Canada’s history: http://www.pc.gc.ca/apps/dfhd/default_eng.aspx

Rationale

Per Ministry of Tourism, Culture and Sport suggestion, updated wording per their updated Criteria for Evaluating Potential for Built Heritage Resources and Cultural Heritage Landscapes checklists. Changes help clarify the process and/or sources of information when filling in the checklist.

MOECC response

Approved without changes.

Proposed amendment #26: Appendix 3 (Heritage Management Process), Schedule A, Part C, 5(a)

Replace with:

a) is on or adjacent to a known burial site and/or cemetery?

The presence of a cemetery can be confirmed through a site visit. Additionally, information on registered cemeteries may be obtained from:

• the Registrar of Cemeteries, Ministry of Consumer Services’ database of registered cemeteries
• the Ontario Genealogical Society (OGS) records of Ontario cemeteries (both currently and no longer in existence), cairns, family plots and burial registers: http://www.ogs.on.ca/indexes.php
• the Canadian County Atlas Digital Project which lists early cemeteries in Southern Ontario: http://web.library.mcgill.ca/countyatlas/searchmapframes.php

Rationale

Per Ministry of Tourism, Culture and Sport suggestion, updated wording per their updated Criteria for Evaluating Potential for Built Heritage Resources and Cultural Heritage Landscapes checklists. Changes help clarify the process and/or sources of information when filling in the checklist.

MOECC response

Approved without changes.

Proposed amendment #27: Appendix 3 (Heritage Management Process), Schedule A, Part D, 6(a)

a) is considered a landmark in the local community or contains any structures or sites that are important to defining the character of the area?

For example: existing cultural heritage landscape inventories

Replace with:

a) is considered a landmark in the local community or contains any structures or sites that are important to defining the character of the area?

For instance: buildings or landscape features that are accessible to the public or readily noticeable and widely known, complexes or buildings, monuments, or ruins.

For more information (on Part D questions) contact: Elders in Aboriginal communities, community researchers, municipal heritage committees, or local heritage organizations (see Ontario Heritage Society’s Heritage Directory:

https://www.ontariohistoricalsociety.ca/index.php/services/heritage-directory-map).

Rationale

Per Ministry of Tourism, Culture and Sport suggestion, updated wording per their updated Criteria for Evaluating Potential for Built Heritage Resources and Cultural Heritage Landscapes checklists. Changes help clarify the process and/or sources of information when filling in the checklist.

MOECC response

Approved without changes.

Proposed amendment #28: Appendix 3 (Heritage Management Process), Schedule A, Part D, 6(c)

c) contains or is part of a cultural heritage landscape?

For example: Aboriginal trail, park, designed garden, historic road or rail corridor that may have been established as a key transportation or trade route, or unique landforms such as waterfalls, rock faces, caverns or mounds that may have connections to a particular event, group or belief.

Rationale

Per Ministry of Tourism, Culture and Sport suggestion, updated wording per their updated Criteria for Evaluating Potential for Built Heritage Resources and Cultural Heritage Landscapes checklists. Changes help clarify the process and/or sources of information when filling in the checklist.

MOECC response

Approved without changes.

Proposed amendment #29: Appendix 3 (Heritage Management Process), Schedule A

In general, updated broken links as required.

Rationale

Per Ministry of Tourism, Culture and Sport suggestion, updated wording per their updated Criteria for Evaluating Potential for Built Heritage Resources and Cultural Heritage Landscapes checklists. Changes help clarify the process and/or sources of information when filling in the checklist.

MOECC response

Approved without changes.

Proposed amendment #30: Appendix 3 (Heritage Management Process), Schedule C

Add new section underneath Section 4:

5.0 Who will be Involved

The judgement on what information is sufficient to meet the criteria when evaluating a property will be based on the advice of one or more qualified persons, or as a team when appropriate, with community input.

Rationale

Per Ministry of Tourism, Culture and Sport suggestion, adding section per final version of Ministry of Tourism, Culture and Sport’s Heritage and Identification & Evaluation Process (approved September 2014, after Class Environmental Assessment was approved). Ministry of Northern Development and Mines agrees with the recommendation to be consistent with Ministry of Tourism, Culture and Sport wording/process.

MOECC response

The Ministry of the Environment and Climate Change also requests the addition of the definition of qualified person from Part 3 – Section 3.0 of the Ministry of Tourism, Culture and Sport Identification and Evaluation Process to the section describing Who will be Involved in Appendix 3.

Approved language as follows:

A qualified person should have:

• understanding of the ministry or prescribed public bodies’ heritage management process;
• expertise, qualifications and/or experience in the identification, evaluation and documentation of cultural heritage resources relevant to the type of resource being considered; and;
• recent experience in the identification, evaluation and conservation of cultural heritage resources (e.g. within the last three to five years).

Proposed amendment #31: Appendix 3 (Heritage Management Process), Schedule C, Section 5.0

(Heading) 6.0 Ontario Regulation 9/06 Criteria for Determining Cultural Heritage Value or Interest

Rationale

Updating numbering per proposed change in line 22.

MOECC response

Approved without changes.

Proposed amendment #32: Appendix 3 (Heritage Management Process), Schedule C, Section 6.0

(Heading) 7.0 Ontario Regulation 10/06 Criteria for Determining Cultural Heritage Value or Interest of Provincial Significance

Rationale

Updating numbering per proposed changes in lines 22 and 23.

MOECC response

Approved without changes.

Proposed amendment #33: (Appendix 3) Heritage Management Process), Schedule C, Section 6.0, Criterion 4

Proposed amendment

Moved paragraphs 2 and 3 to beginning of section.

Rationale

Per Ministry of Tourism, Culture and Sport suggestion, moving the order of the paragraphs to provide procedural clarity and improve the structure of the section. The Ministry of Northern Development and Mines agrees with the recommendation to be consistent with the Ministry of Tourism, Culture and Sport wording/process.

MOECC response

Approved without changes.

Proposed amendment #34: (Appendix 3) Heritage Management Process), Schedule C, Section 6.0, Criterion 8

Proposed amendment

Add the following text to the end of the paragraph:

It would be the role and responsibility of the Minister of Tourism, Culture and Sport to determine whether there is a provincial interest in the protection of the heritage value of the property. In such cases, Ministry of Northern Development and Mines staff would need to engage with MTCS staff.

Rationale

Suggested wording from Ministry of Tourism, Culture and Sport to clarify that the Minister in Criterion 8 refers to the Minister of Tourism, Culture and Sport.

MOECC response

Approved without changes.

Proposed amendment #36: Appendix 3 (Heritage Management Process), Schedule A

f) is subject to a Heritage Conservation District study area bylaw?

Replace with:

f) is an area designated by a municipal by-law made under section 40.1 of the Ontario Heritage Act as a heritage conservation district study area?

Rationale

Clarifying terminology to avoid confusion over the term study area. Amended text is per Ministry of Tourism, Culture and Sport suggestion.

MOECC response

Approved without changes.

Planning procedures

Proposed amendment #37: Appendix 4 (Screening Criteria Procedure), paragraph 1

Section 2.2 and Table 1 list all of Ministry of Northern Development and Mines’s discretionary activities that are subject to the Environmental Assessment Act.

Rationale

Clarifying procedure per Section 3.1.

MOECC response

Approved without changes.

Proposed amendment #38: Appendix 4 (Screening Criteria Procedure), paragraph 2

Add after last sentence: Ministry of Northern Development and Mines’s emergency undertakings (see Section 7.4) and maintenance activities are also preassigned to Category A.

Rationale

Clarifying procedure per Section 3.1.

MOECC response

Approved without changes.

Proposed amendment #39: Appendix 4 (Screening Criteria Procedure), paragraph 3

The screening process for all other projects is made up of two sequential parts that are used to determine the level of effect on the environment (tables 4 to 6).

The screening process for discretionary activities not listed in table 4 is initiated at the Part 1 screening criteria (Table 5), with the exception of permissions to test mineral content (bulk samples), which are initiated at Part 2 (Table 6). For discretionary rehabilitation activities that are not emergency undertakings or maintenance activities, the screening process is initiated at Part 2 (Table 6).

Replace with:

The screening process for all other projects is made up of two sequential parts that are used to determine the level of effect on the environment (tables 5 and 6 and sections 3.1.1.2 and 3.1.1.3).

The screening process for most discretionary activities starts at the Part 1 screening criteria (Table 5) and, if necessary, proceeds to the Part 2 screening criteria (Table 6). The screening process for permissions to test mineral content (bulk samples) and discretionary rehabilitation activities that are not emergencies or maintenance activities starts at the Part 2 screening criteria (Table 6).

Rationale

Clarifying procedure per Section 3.1.

MOECC response

Approved without changes.

Proposed amendment #40: Appendix 4 (Screening Criteria Procedure), Procedure for Category A Projects / Procedure for Discretionary Tenure Decisions (other than Permission to Test Mineral Content) / Procedure for Permission to Test Mineral Content (Bulk Samples) / Procedure for Discretionary Rehabilitation Activities

Replace all procedures with:

Procedure:

1. Cross reference the proposed project with Table 4 to determine if it is a pre-screened project. If so, proceed to step 2. If not, proceed to step 3.
2. Proceed with planning and consultation requirements, requirements, per sections 3.2.1, 4.0, 5.0 and 6.0).
3. Screen the proposed project according to the Part 1 screening criteria in Table 5 of Section 3.1.1.2 to determine if it is a Category A project. If so, proceed to step 2. If it not, further screening is required. Proceed to steps 4 through 8.
4. Prepare a description of the proposed project, with reference to the appropriate section of the Mining Act, if applicable
5. Screen the project according to the Part 2 screening criteria in Table 6 of Section 3.1.1.3. Consultation with internal and external subject-matter experts may be required to complete the screening. Note: Ministry of Northern Development and Mines identifies known and/or potential cultural heritage resources by completing the screening checklists in Schedule A (Screening for Built Heritage Resources and Cultural Heritage Landscapes) and Schedule B (Screening for Archaeological Resources) of Appendix 3.
6. Assign the project to the appropriate category (Section 3.2.2, 3.2.3 or 3.2.4 as appropriate) and document the decision on the project file.
7. Supervisor or Environmental Assessment Coordinator will confirm or modify category and sign off on the screening form.
8. Proceed with planning and consultation requirements, per sections 3.2, 4.0, 5.0 and 6.0.

Rationale

Clarifying procedure per Section 3.1.

MOECC response

Approved without changes.

Project documentation

Proposed amendment #41: Appendix 5, (Screening Documentation Form)

Delete Appendix 5 and all references within the document to the appendix.

Rationale

Screening documentation form is no longer required to be maintained in the Class Environmental Assessment due to the creation of an electronic version. Only Ministry of Northern Development and Mines staff need access to the templates. All of the screening criteria within this appendix are described in Section 3.1.1.3. Deletion of appendix aids in streamlining the Class Environmental Assessment parent document. Updating the appendix in the parent document, per any other changes made to the Class Environmental Assessment from time to time, is merely an administrative exercise.

MOECC response

Approved with changes.

The Ministry of the Environment and Climate Change requests that all other templates in the appendices of the Class Environmental Assessment remain in the document. A disclaimer statement can be added to templates stating that the template samples are intended to generally illustrate what they will entail and may be amended from time to time.

The Ministry of the Environment and Climate Change acknowledges the Ministry of Northern Development and Mines’ efforts to create electronic resources for staff and to streamline and minimize duplication of information in its Class Environmental Assessment.

As the screening table in Appendix 5 is a replica of Table 6 in Section 3.1.1.3, the Ministry of the Environment and Climate Change supports the removal of Appendix 5. However, the Ministry of the Environment and Climate Change prefers that forms and templates be kept as appendices in approved parent Class Environmental Assessment documents for consistency with other Class Environmental Assessments and for public transparency.

Mining Act requirement clarification

Proposed amendment #46: Section 2.2.1, Table 1, 6^th row, first column

52. (1) and (4)

Rationale

Clarification of the Ministry of Northern Development and Mines’ undertakings under Section 52. Section 52(4) was erroneously omitted from Table 1.

MOECC response

Approved without changes.

Proposed amendment #47: Section 2.2.1, Table 1, 6^th row, 2^nd column

Permission to test or dispose of mineral content (bulk sample)

Rationale

Description of the undertaking amended to include description of Section 52.(4).

MOECC response

Approved without changes.

Proposed amendment #48: Section 2.2.1, Table 1, 6^th row, 2^nd column

The Minister’s written permission, subject to such conditions as are prescribed, must be obtained prior to mining, milling, refining or disposing of more than the prescribed quantity of any mineral-bearing substance on an unpatented mining claim.

Rationale

Description of the undertaking amended to include description of Section 52.(4).

MOECC response

Approved without changes.

Proposed amendment #49: Section 2.2.1, Table 1, Footnote 2

Bulk sample permissions may be subject to the requirement to obtain an exploration permit issued under Section 78.3 of the Act or a closure plan filed under section 140.(1) of the Act.

Rationale

Clarification of existing Mining Act requirements. For bulk samples over 1,000 tonnes, the proponent must submit a closure plan to Ministry of Northern Development and Mines.

MOECC response

Approved without changes.

Source water protection

Proposed amendment #50: Section 3.1.1.3, Table 6: Part 2 Screening Criteria

Under Wells or drinking water sources add new criterion: Drinking Water Source Protection Region or Area.

Rationale

Per Ministry of the Environment and Climate Change request.

MOECC response

Approved without changes.

The Ministry of the Environment and Climate Change also recommends that the Ministry of Northern Development and Mines include examples of drinking water source impacts and mitigation measures in Table 2 (Examples of Potential Environmental Effects and Mitigation Measures) of Appendix 7 as a future amendment.

Project documentation

Proposed amendment #52: Section 4.4, Table 7, 5^th row, 1^st column

Phase 5

Replace with:

Phase 4

Rationale

Correcting a typographic error.

MOECC response

Approved with changes.

The Ministry of the Environment and Climate Change requests that the following text be added to Table 7 for Phase 4.

Approved language as follows:

Prepare Statement of Completion, implement, monitor and evaluate project.

Annual reporting documentation

Proposed amendment #53: Section 4.4, Table 7, 5^th row, 1^st column

a summary table listing all Category B, C and D projects that were completed during the reporting period and a breakdown by class and category, including:

Rationale

Clarifying procedure – current wording may imply that a project may be ongoing.

MOECC response

Approved without changes.

Mining Act requirement clarification

Proposed amendment #54: Section 2.2.1, Table 1: Ministry of Northern Development and Mines’s Discretionary Activities under the Mining Act

Addition of Rehabilitation Activities undertaken pursuant to Subsection 4(1) of Mining Act to Table 1 (please see the table below)

Rationale

This subsection is the authority used by the Ministry of Northern Development and Mines in undertaking rehabilitation activities on public lands. The non-inclusion in the Class Environmental Assessment was an oversight–the activities are already screened and adding this subsection would provide clarity to the document.

MOECC response

Approved without changes.

Proposed changes to Figure 1: Overview of Ministry of Northern Development and Mines’ class environmental assessment process

• 1.0 Introduction
• 2.0 Activities Subject to the Class EA
• 3.1 Screening
• Pre-Screened Discretionary Activities (Table 4)
• Category A activity?
  • Yes: continue to 3.2 Categories.
  • No: Part 1 Screening Criteria (Table 5).
    • Category A activity?
      • Yes: continue to 3.2 Categories.
      • No: Part 2 Screening Criteria (Table 6), then continue to 3.2 Categories.
• 3.2 Categories
  • 3.2.1 Category A—No Potential Environmental Effects
  • 3.2.2 Category B—Low Potential Environmental Effects
    • 4.1 Category B Project Review Process
      • Further assessment or consultation required?
        • Yes: return to 3.2 Categories.
        • No: proceed with project review and planning process.
  • 3.2.3 Category C—Moderate Potential Environmental Effects
    • 4.2 Category C Project Review Process
      • Further assessment or consultation required?
        • Yes: return to 3.2 Categories.
        • No: proceed with project review and planning process.
  • 3.2.4 Category D—Significant Potential Environmental Effects
    • 4.3 Category D Project Review Process
      • Further assessment or consultation required?
        • Yes: return to 3.2 Categories.
        • No: proceed with project review and planning process.
  • 3.2.5 Individual Environmental Assessment
    • Individual Environmental Assessment Process
• Project review and planning process
  • 4.6 Coordination and Integration with Other Approval processes
  • 4.7 Mitigation
  • 4.8 Effects Monitoring
  • 5.0 Consultation
  • 6.0 Aboriginal Consultation
  • 7.0 Class EA administrative procedures

Class environmental assessment

In accordance with the approved terms of reference, the Ministry of Northern Development and Mines (MNDM) drafted the class environmental assessment (EA) and formally submitted it to the Ministry of the Environment (MOE) on May 11, 2012 for a seven week comment period. The class EA was developed in consideration of the advice and input received from the provincial and federal agencies, Aborignal communities and the public.

During the comment period, comments were received from government agencies and Aboriginal communities. In response, the MNDM took additional time to make changes and clarifications to the class EA and to respond to the comments made by the government agencies. The MNDM submitted responses to the comments raised and an amended class EA on August 10, 2012.

On August 31, 2012, the MOE published the notice of completion of the ministry review for this class EA. The notice of completion was published in local newspapers and was sent to the MNDM, government agencies, Aboriginal communities and all parties with known or expressed interest in the class EA.

The government agencies, Aboriginal communities, public and other interested parties were given until October 5, 2012 to provide the MOE with comments about the proposed class of undertakings, the class EA and the ministry review. At the end of the comment period, submissions received were evaluated and approval was granted under the EAA effective December 12, 2012.

Prior to approval of the class EA, the class of undertakings were covered under two declaration orders:

• MNDM-3 for dispositions
• MNDM-4 for abandoned mine rehabilitation

The declaration orders do not provide long-term environmental assessment coverage under the EAA. The class EA will replace the declaration orders and provide the MNDM with long-term EAA coverage.

For activities where the MNDM has initiated work planning on or before approval of the class EA, that activity can proceed under the requirements of the declaration orders. After December 12, 2012, all activities subject to the class EA will be expected to follow the class EA process.

Notice of approval to proceed with the class environmental assessment

Proponent: Ministry of Northern Development and Mines
EA file number: EA02-12-02

Take notice that the period for requesting a hearing, provided for in the Notice of Completion of the ministry Review for the above-noted Class Environmental Assessment, expired on October 5, 2012.

I received 6 submissions before the expiration date, and three submissions after the expiration date, one of which requested a hearing by the Environmental Review Tribunal.

Having considered the purpose of the Environmental Assessment Act, the approved Terms of Reference, the Class Environmental Assessment, the ministry Review of the Class Environmental Assessment and submissions received, I hereby give approval to proceed with the Class Environmental Assessment, subject to conditions set out below.

Reasons

My reasons for giving approval are:

1. Issues raised in the submissions regarding the proponent’s Class Environmental Assessment have been addressed or will be addressed during the preparation of individual Class Environmental Assessment projects.
2. The Class Environmental Assessment process is appropriate for the assessment of the Ministry of Northern Development and Mines activities under the Mining Act that are subject to the Environmental Assessment Act.
3. On the basis of the proponent’s Class Environmental Assessment, the ministry Review and the conditions of approval, the discretionary tenure activities and discretionary rehabilitation activities, including emergencies within the class of undertakings will be consistent with the purpose of the Environmental Assessment Act.
4. I am satisfied that there are no outstanding concerns that cannot be addressed through conditions of approval. The public review of the proponent’s Class Environmental Assessment and Aboriginal consultation did not identify any outstanding concerns with this Class Environmental Assessment that was not considered by the proponent.
5. I am satisfied that cultural heritage resources will be considered under the Class Environmental Assessment process for individual projects.

Conditions

Definitions

1. For the purposes of these conditions:
   1. proponent means the Ministry of Northern Development and Mines, its agents, successors, and assigns
   2. MOE means the Ontario Ministry of the Environment
   3. EAB means the Environmental Approvals Branch of the Ministry of the Environment
   4. Director means the Director of the Environmental Assessment and Approvals Branch
   5. the Class EA means the version of the Class Environmental Assessment for Activities of the Ministry of Northern Development and Mines under the Mining Act
2. The proponent shall comply with all the provisions of the Class EA which are hereby incorporated in this approval by reference except as provided in these conditions and as provided in any other approvals or permits that may be issued.
3. These conditions do not prevent more restrictive conditions being imposed under other statutes.

Public record

4. Where a document is required for the MOE Public Record File, the proponent shall provide the document to the Director for filing within the specific Public Record File maintained for the Class EA. The proponent shall also provide copies of all documents for the purpose of public review to:
   1. the Director of the MOE Eastern Region Office
   2. the Director of the MOE Central Region Office
   3. the Director of the MOE West Central Region Office
   4. the Director of the MOE Southwestern Region Office
   5. the Director of the MOE Northern Region Office

   The Annual Report required by subsection 7.1.2 of the Class EA is required for the MOE Public Record File. These documents may also be provided through other means as considered appropriate.

5. Within 21 days of the approval of this Class EA. proponent shall provide:
   5. 1. forty (40) copies of the Class EA document, incorporating the amendments required by Condition 8, to the EAB (for placement in the Public Record File and for distribution by EAB to ministry staff (including each Regional and District office))
      2. one (1) copy of the Class EA document, incorporating the amendments required by Condition 8, or more than one (1) copy if requested, to each government agency to which the Class EA was circulated for comment
      3. one (1) copy of the Class EA document, incorporating the amendments required by Condition 8, to any group or individual which submitted comments during either of the two public and agency comment periods for the Class EA
      4. the Class EA incorporating the amendments required by Condition 8, on the Ministry of Northern Development and Mines' web site

General conditions

6. The proponent shall commence the first five-year review of the Class EA, as required in section 7.3 of the Class EA, on or before the fifth anniversary of the date this approval comes into force, and a five-year review shall occur every five years thereafter on that anniversary date until such time as is otherwise indicated in writing by the Director to the proponent. Each review shall be submitted to the Director and placed in the Public Record File no later than April 1 of the following year.
7. The proponent shall submit Annual Monitoring Reports to the Director for placement on the Public Record File as described in section 7.1.2 of the Class EA. The Monitoring Reports shall be submitted no later than April 1 of the following year of approval of the Class EA.
8. The proponent shall amend the Class EA in accordance with the specific textual changes the proponent has agreed to make as outlined in the letter from the proponent to the MOE dated November 1, 2012 attached hereto and incorporated into this approval as Appendix 1.
9. The proponent shall amend the Class EA to add maintenance activities as a Category A activity. The proponent shall make changes to the description of Category A and other in areas as appropriate in the Class EA.
10. The proponent shall work with the Ministry of Tourism, Culture and Sport to develop a Heritage Management Process in Appendix 5 that is mutually agreeable, no later than one year following the date of this Notice of Approval or other agreed date as may be satisfactory to the EAB. The proponent shall amend the Class EA in accordance to include the finalized Heritage Management Process.
11. The proponent shall add a table in the Appendix of the Class EA that describes specific potential environmental effects and mitigation measures for discretionary tenure decisions and discretionary rehabilitation activities, no later than one year following the date of this Notice of Approval or other date as may be satisfactory to the EAB. This table will have to reviewed and approved by the Director.
12. Any applications for discretionary tenure decisions received by the Ministry of Northern Development and Mines on or before December 31, 2012, can proceed under the requirements of Declaration Order MNDM-3.
13. Where the proponent has initiated work planning for a discretionary rehabilitation activity on or before December 31, 2012, that activity can proceed under the requirements of Declaration Order MNDM-4.

Dated the 28^th day of November 2012 at Toronto.

Original signed by:
Minister of the Environment
77 Wellesley Street West, 11^th floor
Toronto, Ontario
M7A 2T5

Terms of reference

On August 23, 2011, the Minister of the Environment approved the terms of reference for this class environmental assessment.

Get details on the notice of approval.