O. Reg. 190/18: EXPLORATION PLANS AND EXPLORATION PERMITS
filed April 3, 2018 under Mining Act, R.S.O. 1990, c. M.14
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made under the
Mining Act
Made: March 27, 2018
Filed: April 3, 2018
Published on e-Laws: April 3, 2018
Printed in The Ontario Gazette: April 21, 2018
Amending O. Reg. 308/12
(EXPLORATION PLANS AND EXPLORATION PERMITS)
1. (1) The definition of “circulation date” in subsection 1 (1) of Ontario Regulation 308/12 is revoked and the following substituted:
“circulation date” means,
(a) the date on which a Director sends, by whatever means, an exploration plan or an application for an exploration permit to an Aboriginal community that the Director has identified for the purposes of section 7 or 14, or
(b) if the Director has not identified any Aboriginal communities for the purposes of section 7 or 14, the date on which the Director sends, by whatever means, a notice to the early exploration proponent that the exploration plan or exploration permit application has been received and meets the requirements of this Regulation; (“date de circulation”)
(2) The definition of “qualified supervisor” in subsection 1 (1) of the Regulation is amended by striking out “prospector’s awareness program” and substituting “Mining Act awareness program”.
2. Paragraph 2 of section 3 of the Regulation is revoked and the following substituted:
2. Early exploration activities that are carried out on land subject to a filed certified closure plan under section 140 or 141 of the Act by an early exploration proponent who is also the proponent of the filed certified closure plan.
3. Subsection 5 (2) of the Regulation is revoked and the following substituted:
(2) In an exploration plan submitted by an early exploration proponent, the proponent shall,
(a) identify the qualified supervisor for the proposed exploration activities; and
(b) include information to verify,
(i) that the qualified supervisor successfully completed the prescribed Mining Act awareness program not more than five years before the proposed start of the early exploration activities, and
(ii) if the early exploration proponent is an individual, that he or she has successfully completed the prescribed Mining Act awareness program not more than five years before the proposed start of the early exploration activities.
4. Subsection 6 (4) of the Regulation is revoked and the following substituted:
(4) If an early exploration proponent notifies the identified Aboriginal communities of their intent to submit an exploration plan, the early exploration proponent shall, when submitting the exploration plan to the Director and if requested to do so by the Director, include a consultation report detailing how comments received from Aboriginal communities, if any, have been considered.
5. The Regulation is amended by adding the following section immediately before the heading “Exploration Permits”:
Where exploration permit allowed for exploration plan activity
10.1 (1) For the purposes of subsection 78.2 (4) of the Act and despite subsection 78.2 (1) of the Act and sections 5 to 9 of this Regulation, an early exploration proponent may apply for an exploration permit to carry out exploration plan activities if the proponent is proposing in the permit application to carry out both exploration plan activities and exploration permit activities.
(2) For greater certainty, if an early exploration proponent applies for an exploration permit to carry out exploration plan activities under subsection (1),
(a) section 78.3 of the Act and sections 12 to 17 and 19 of this Regulation apply to the exploration plan activities as though they were exploration permit activities; and
(b) the proponent is not required to submit an exploration plan to the Director.
6. Subsection 12 (2) of the Regulation is revoked and the following substituted:
(2) In an application for an exploration permit submitted by an early exploration proponent, the proponent shall,
(a) identify the qualified supervisor for the proposed exploration activities; and
(b) include information to verify,
(i) that the qualified supervisor successfully completed the prescribed Mining Act awareness program not more than five years before the proposed start of the early exploration activities, and
(ii) if the early exploration proponent is an individual, that he or she has successfully completed the prescribed Mining Act awareness program not more than five years before the proposed start of the early exploration activities.
7. Subsection 13 (4) of the Regulation is revoked and the following substituted:
(4) If an early exploration proponent notifies the identified Aboriginal communities of their intent to submit an application for an exploration permit, the early exploration proponent shall, when submitting the application to the Director and if requested to do so by the Director, include a consultation report detailing how comments received from Aboriginal communities, if any, have been considered.
8. Subsection 14 (3) of the Regulation is amended by striking out “in the approved form”.
9. Clause 18 (1) (a) of the Regulation is revoked and the following substituted:
(a) in the Director’s opinion, an exploration permit may be necessary to address issues pertaining to,
(i) existing or asserted Aboriginal or treaty rights, or
(ii) potential adverse impacts on surface rights interests, public health and safety and the environment; or
10. Section 20 of the Regulation is revoked and the following substituted:
Amendments and renewal
20. (1) A Director may,
(a) amend an exploration permit on the Director’s own initiative or on application by the early exploration proponent; and
(b) renew an exploration permit on application by the early exploration proponent.
(2) Where a Director is considering renewing or amending an exploration permit, including an exploration permit required under section 18, sections 13 to 17 and section 19 apply with necessary modifications to the amended or renewed permit unless otherwise directed by the Director.
Commencement
11. This Regulation comes into force on the later of April 10, 2018 and the day it is filed.