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Opportunities: Mining and exploration
Actions in progress
Communicate changes to the exploration plans and permits process and implement a regular process review
Status: Action in progress
What we heard
Seeking exploration plans and permits is seen as unnecessarily complex, particularly for low risk activities. Specifically, the process to develop, submit, and receive feedback on exploration plans and permits takes a long time, has no defined feedback timelines, and causes unnecessary burden to business.
Our plan
In 2017, the Ministry of Northern Development and Mines began streamlining the exploration plans and permits process, which included updating plans and permits on the ministry’s website on a bi-weekly basis, as well as reviewing and streamlining the plans and permits forms. In 2018, proposed changes to the exploration plans and exploration permits regulation will allow proponents the option to include plan activities on a permit application.
Additionally, the ministry is creating external facing policies to allow interested parties to better understand how the ministry follows regulations and how decisions are made.
The ministry will continue to work with partner ministries to ensure Ontario’s mineral exploration process remains efficient, and continues to respect stakeholders and communities.
Clearly communicate timelines for mining modernization
Status: Action in progress
What we heard
There is a perception that parts of the updated Mining Act (relating to plans and permits) are being implemented through government policy, rather than through updated or newly created regulations. The mineral sector is concerned that this may lead to inconsistencies in implementation. They are also concerned about whether the rules for operating in the province are going to change again, since policies are easier to change than regulations.
Our plan
Previous changes to Ontario’s Mining Act have put in place new rules and tools that provide clarity and certainty to industry, help build positive relationships with surface rights owners, and ensure ongoing consultation by industry with affected Indigenous communities.
To build on this, the Ministry of Northern Development and Mines is creating external facing policies to allow interested parties to better understand how the ministry follows regulations and how decisions are made.
The ministry will also continue to work with industry and Indigenous communities to ensure changes are implemented in an open, transparent manner.
Create or update consultation guides for developing exploration plan applications
Status: Action in progress
What we heard
Requirements for consultation around exploration plans and permits are not clear.
Our plan
In 2018, the Ministry of Northern Development and Mines will review and update the current policy on Indigenous consultation for public use. The ministry will also hold workshops with industry to help provide further clarity regarding consultation requirements at early exploration. The ministry will continue to increase outreach efforts to build awareness and support a positive, constructive dialogue between industry and Indigenous communities.
Communicate the changes to the claim staking process in Ontario as a result of the Mining Act modernization
Status: Action in progress
What we heard
There are a number of concerns around the claim staking process, including:
- The need to use an eight-inch post to stake a claim
- Mining divisions are an outdated and unnecessarily complex way to stake a claim
- Uncertainty around how the new digital claim staking process will work, especially for non-technical users
Our plan
As part of the Ministry of Northern Development and Mines’ efforts to modernize the Mining Act, Ontario is developing a new leading-edge electronic Mining Lands Administration System (MLAS) that will be online in 2018.
Ontario is keeping pace with other provinces where online registration is already in place, including British Columbia, Saskatchewan, New Brunswick, Newfoundland and Labrador, Nova Scotia, and Quebec. Although the process for staking and recording claims is going digital, prospectors will still be able to carry out certain activities on the ground (e.g., sample and assay collection).
Online claim registration will provide all users with equal access and eliminates the need to physically stake a claim or reference a mining division. The new system will be available 24 hours a day, seven days a week, and prospectors and other stakeholders will be able to register their claims from anywhere at minimal cost. Registered mining claims will be available for viewing on MLAS, which will allow clients to see the grid boundary around the perimeter of the claims. Cells will be shown on a detailed topographic map so that features such as roads, rivers and lakes can be used for reference.
The Ministry of Northern Development and Mines has a comprehensive communications plan to ensure industry and all affected parties are aware of these changes. You can also subscribe to receive updates by email.
Modernize assessment work reporting, claim assessment filing and credits processes
Status: Action in progress
What we heard
The assessment work reporting process is outdated and ineffective. It includes reports with maps instead of more detailed geographical data, uses non-standard data formats, and does not account for all assessment costs. In addition, the claim assessment filing and credits processes are inflexible and outdated. This causes more work and delays for the mining sector.
Our plan
In 2018, the government will implement the Mining Lands Administration System (MLAS) and review assessment regulations that will make it easier for clients to distribute or move credits around, while ensuring that data is in a format consistent with industry needs.
MLAS will provide 24-hour-a-day, seven-days-a-week, real-time, self-serve access to mining land registration, giving clients greater flexibility to manage mining lands and file assessment work reports. The new online system will allow the government to obtain the most current and accurate data possible to coordinate with the proposed cell-based provincial grid. It will also allow licensees to access the provincial grid, register mining claims and pay for the registration with the click of a mouse enabling them to stake claims in minutes, rather than weeks.
The Ministry of Northern Development and Mines has a comprehensive communications plan to ensure industry and all affected parties are aware of these changes. This plan includes email updates to which stakeholders can subscribe.
Communicate requirements, processes, timelines, changes to the closure plan review process, and performance on ministry service
Status: Action in progress
What we heard
Create a mine closure guide that clearly outlines the requirements, process, timelines, and criteria for a material change to mine closure plans. In addition, use the guide to communicate changes to the closure plan review process and performance on ministry service standards.
Our plan
The Ministry of Northern Development and Mines is working with the Ontario Mining Association (OMA) to evaluate best practices for closure plans and will develop a best practices guide for financial assurance in closure plans that will be available in 2018.
A closure plan coordinator has also been hired by the ministry to ensure a consistent review of closure plans is applied. The ministry is reviewing internal procedures, including standards for review times, and will communicate the changes to the industry.
The ministry will also communicate the Mining Act requirements for a material change, and that the intent of these standards is to ensure public safety and to rehabilitate land impacted by exploration and development. MNDM will also clarify the Mining Act regulations that allow proponents to amend closure plans without incurring additional costs.
Ensure ministries have the appropriate staff to meet timelines and provide clear information on government processes
Status: Action in progress
What we heard
Proponents lack guidance materials to explain the permitting process and there is a perception that ministries do not have enough technical staff to meet timelines. This can cause additional burden for businesses since there are long wait times for receiving information or direction.
Our plan
Staff with specific technical knowledge have been hired to support reviews and allow for the transfer of knowledge to less experienced staff. This breadth of experience will help ensure all aspects of the review of mining projects are understood by staff and clearly communicated to proponents.
In fall 2017, the Ministry of Northern Development and Mines reviewed and updated the guidance materials relating to the permitting processes.
Streamline exploration and mining permit applications
Status: Action in progress
What we heard
There is duplication between the Public Lands Act administered by the Ministry of Natural Resources and Forestry (MNRF) and the Mining Act administered by the Ministry of Northern Development and Mines (MNDM). MNRF took over responsibility of the Public Lands Act, but MNRF does not have the industry knowledge to understand the needs of those applying for an exploration permit.
Our plan
The Public Lands Act provides for the planning and management of Crown land including area-specific land use policy establishing permitted and restricted land uses.
The requirements for permits under the Public Lands Act are necessary to provide environmental protection that is not provided through other permitting processes in special or enhanced management areas, such as the Temagami Area.
MNRF will continue to support MNDM as the one-window ministry for applications related to disruptive mineral exploration in enhanced management areas, which includes work permits issued under the Public Lands Act.
Review the current delegations of authority under the Aggregate Resources Act
Status: Action in progress
What we heard
Front line staff do not have the authority to make decisions on applications, which causes unnecessary delays for businesses.
Our plan
In fall 2017, the Ministry of Natural Resources and Forestry is reviewing the current delegation of authority for the Aggregate Resources Act (ARA).
The delegation of authority under the ARA may need to be revisited following future regulation changes. The ministry intends to move forward with public consultations on any future proposed regulatory and policy changes under the revised ARA. There will be opportunities for the public, municipalities, stakeholders and Indigenous communities to consult on the detailed content of regulations and standards.
Provide more information and guidance materials to support compliance for risk assessments on mining plants
Status: Action in progress
What we heard
The Ministry of Labour has not provided enough guidance about how to comply with requirements for risk assessments on mining plants. There is also a perception that inspectors do not have sufficient industry experience to enforce requirements.
Our plan
The Ministry of Labour recognizes the importance of clear and concise guidance material when new regulatory requirements are introduced. The ministry has a standard process in place for any changes to the mining regulation, involving the expertise of our Mining Legislative Review Committee (MLRC), which is made up of labour and management representatives.
The ministry has developed a guideline, in consultation with the MLRC, to help the mining sector comply with the requirements to conduct risk assessments. The guideline is publicly available on the Ministry of Labour’s website.
Inspectors have already received training on the new provisions, and will continue to receive additional training.
Assess the possibility of adding exploration and mining work into municipal official plans and zoning by-laws
Status: Action in progress
What we heard
Currently, prospecting and mining activities are exempted from zoning and official plan by-laws. This could create conflict between mining companies and the public, especially where a site is close to water. This is made worse by the fact that rules for consultation on new mineral extraction projects are not aligned with other municipal zoning or official plan by-laws.
Our plan
Mineral exploration generally occurs on Crown land. Exploration is subject to all other federal and provincial statutes. The Ministry of Northern Development and Mines (MNDM) will continue working with municipalities, through the Ministry of Municipal Affairs, via the Provincial One Window Planning Service to provide input into the Municipal Official Plan review and renewal.
Additionally, during any review of the Provincial Standards for Early Exploration, MNDM engages with various stakeholders and the public to solicit and share perspectives and input through Environmental Registry postings and consultations with Ministers Mining Act Advisory Committee, municipalities and Indigenous groups.
Review health and safety requirements for mines related to self-rescuers, training, and where first aiders are placed in mining operations
Status: Action in progress
What we heard
Ontario’s rules around where first aid responders are stationed are seen as not being responsive to the underground nature of mining operations. Also, these rules as well as those for first responder training are seen as not being as strong as the rules in the United States.
Our plan
The Ministry of Labour (MOL) has developed a guideline on first aid requirements that will be available on the ministry’s website once finalized.
Employers are required to have a person trained in first aid in charge of a surface-level first aid room, but others with first aid training will be underground.
Employers must ensure persons trained in rescue methods are readily available and that there will also be workers trained in mine rescue.
The Mines and Mining Plants regulation generally addresses the need to have refuge stations and first aid equipment underground.
MOL will discuss this issue with the Mining Legislative Review Committee at its meeting in fall 2017 to seek additional input from stakeholders.
Consider the adoption of more innovative personal protective equipment
Status: Action in progress
What we heard
Rules around protective equipment for workers have not kept pace with advancements in technology and product design.
Our plan
In 2015, the Ministry of Labour publicly consulted on a proposal to replace the 11 existing Codes for Respiratory Protection with new requirements that would be set out in the Designated Substances regulation.
The proposed requirements would apply to all workplaces, including mines and mining plants, and address the selection, care and use of respiratory protection equipment and worker instruction/training, among other issues.
The ministry is finalizing its recommendations and will communicate any changes to all impacted sectors, including the mining sector.
Review the process to ensure ground is stable and secure
Status: Action in progress
What we heard
Workers should not be expected to work on ground that cannot be proven to be safe and stable.
Our plan
Ground instability was identified as a high hazard during the recent Mining Health, Safety and Prevention Review.
Following the review, the work of the Mining Legislative Review Committee (MLRC) was realigned to reflect these high hazards. The MLRC has a Ground Stability Subcommittee, made up of labour and management stakeholders, that examines related issues and can make recommendations to amend relevant sections of the Mines and Mining Plants regulation.
In January 2017, section 72 of the Mines and Mining Plans regulation was amended to enhance requirements regarding the recording of certain seismic events.
The Ministry of Labour will continue to work with the MLRC and its Ground Control subcommittee to explore issues regarding ground stability requirements.
Review underground fuel tank requirements
Status: Action in progress
What we heard
Requirements for underground fuel tanks are not seen as adequate to reduce health and safety risks.
Our plan
Current requirements allow flexibility for industry in complying with existing requirements for fuelling stations and the safe handling, transfer, storage and dispensing of fuel in underground mines.
Employers are required to develop appropriate safeguards and procedures in consultation with the joint health and safety committee or worker health and safety representative, if any.
The Ministry of Labour will discuss the adequacy of current requirements with the Mining Legislative Review Committee, which includes labour and management representatives, at its meeting in fall 2017 to determine if further action is required.
Actions tracking
Streamline the closure plan and financial assurance approval processes and communicate changes
Status: Action tracking
What we heard
The Ministry of Northern Development and Mines (MNDM) and the Ministry of the Environment and Climate Change (MOECC) have different requirements for closure plans and financial assurance, which creates additional burden for businesses. In addition, there is no common industry fund to support the restoration of abandoned mines, and the current financial assurance processes for mine closures are inadequate for rehabilitating mines after operations have ceased.
Our plan
The Ministry of Northern Development and Mines (MNDM) is responsible for mine closure plans and the financial assurance associated with advanced exploration and mine production sites. The Ministry of Environment and Climate Change’s financial assurance only applies to landfill sites which are regulated under the Environmental Protection Act.
MNDM is currently conducting a review of its financial assurance policies and procedures to determine if changes are required. In 2018, the ministry will work with the Ontario Mining Association to develop a best practices guide for financial assurance in closure plans and a cost estimator tool.
Historically, many “small scale mining operations” were abandoned and the Crown became liable for these abandoned mine sites and their rehabilitation. Proponents can manage financial assurance costs by managing their environmental footprint through progressive rehabilitation and limiting the extent of mine hazards. In addition, financial assurance amounts are based on the cost of the rehab measures identified in the closure plan, so smaller projects generally require less financial assurance than larger projects as the closure costs tend to be less.
The ministry has committed to publicly posting the amount and type of financial assurance it currently holds for each mine site on the ministry’s website.
Improve the “One Window Coordination Protocol” for permitting of mining projects and communicate changes to regulations and policies
Status: Action tracking
What we heard
There are multiple issues related to mining project approvals, including:
- not being coordinated by a single ministry;
- existing one-window approaches are not well coordinated.
This results in a time consuming and confusing process that negatively impacts businesses and creates a backlog for approvals. Also, regulatory and policy changes are not communicated well by ministries, which means that the government has to review large amounts of new information to ensure that mining companies are compliant.
Our plan
The Ministry of Northern Development and Mines (MNDM) is working with the Ministry of the Environment and Climate Change and other provincial and federal partners to review MNDM’s One Window Coordination Protocol for permitting of mining projects. Review of the protocol followed by MNDM-led engagement with the industry will encourage awareness of the protocol and encourage proponents to follow a streamlined approach to their permitting process, which should result in more timely and efficient processing.
Review regulations and allow for the adoption of new technology and a more permissive approach to certain standards
Status: Action tracking
What we heard
Regulations are narrowly focused, out of date and inefficient, which can slow the progress of mining projects.
Our plan
The Ministry of Northern Development and Mines reviewed the Mining Act under its Mining Act Modernization project to ensure it is constantly evolving to meet the needs of today’s mining industry.
Bill 39 received Royal Assent on May 10, 2017. This legislation allowed the ministry to move to the Mining Lands Administrative System to ensure that Ontario is keeping pace with other jurisdictions so that it remains one of Canada’s leading jurisdictions for mineral exploration and development.
The ministry will continue to review regulations and legislation to ensure that, as the mining industry evolves, so do the requirements around mining projects.
Update the Aggregates Resource Policies and Procedures Manual
Status: Action tracking
What we heard
The Aggregates Resources Policies and Procedures Manual is outdated and the process for making changes is not transparent or well communicated to industry. This makes it difficult for aggregate producers to understand requirements related to the Aggregate Resources Act.
Our plan
In fall 2015, the Ministry of Natural Resources and Forestry posted a document for public consultation proposing a suite of changes to the act’s policy framework (i.e., updates to legislation, regulation, standards, policies and procedures).
The ministry is moving forward with changes in a phased approach, starting with changes to the legislation, then regulation/standards, followed by policies and procedures.
In 2017, MNRF completed the first phase of legislative amendments and Phase 2 is underway on proposed regulatory changes potentially with some components of the policy manual. The ministry will undertake a comprehensive review and update the Policies & Procedures Manual as part of Phase 3 of the ARA Review.
There will be opportunities for the aggregate industry and others to comment on future proposed changes as the ministry moves forward with the next phase(s) of the ARA Review.
Streamline and coordinate the aggregate licensing process
Status: Action tracking
What we heard
The aggregate licensing process is lengthy, uncoordinated and expensive for businesses.
Our plan
As part of the Aggregate Resources Act review, the Ministry of Natural Resources and Forestry (MNRF) is assessing the license/permit review process internally as well as with other partner ministries to determine options for streamlining.
In 2017, MNRF completed legislative amendments, and is working on proposed regulatory changes as well as a review and update of the Policies & Procedures Manual. Streamlining options will continue to be considered during all phases of the review.
MNRF will consult with the public on any future proposed regulatory and policy changes under the revised Act, including opportunities for the public, municipalities, stakeholders and Indigenous communities to consult and engage on proposed streamlining opportunities.
Work with utility providers to create a streamlined approach to connecting mines to the power grid
Status: Action tracking
What we heard
The process for securing energy for a new mining project is not transparent, unclear, and complex. Also, the government and utilities do not communicate adequately with industry. This creates unnecessary delays for mining projects.
Our plan
On October 26, 2017, Ontario released the Long Term Energy Plan (LTEP) which highlights the importance of a customer-focused electricity system and commits to engaging with the mining sector and other large industrials to discuss ways to improve the grid-connection process. The Ministry of Energy will convene a group to work with the Independent Electricity System Operator, the Ontario Energy Board and electricity transmitters to identify opportunities to simplify the connection assessment process and reduce timelines.
Review closure plans requirements to set realistic targets for business
Status: Action tracking
What we heard
Current rules for mine closure plans may require businesses to take on costs from past mining operations. Also, these rules sometimes mean that the government expects environmental standards on mining lands to be higher than those on untouched land and waterways, which is unrealistic.
Our plan
Ontario’s Mining Act Regulation 240, includes several requirements for closing out a mining project, including restoring sites to their former use or condition and taking all reasonable measures to prevent personal injury or property damage.
The Mining Act requires closure plans along with financial assurance to be submitted and filed for advanced exploration and new mine production projects to ensure a sustainable mineral exploration and development industry in Ontario. The Ministry of Northern Development and Mines will clarify to the industry that closure plans must comply with the standards and requirements in the regulations. The transfer of a closure plan does not result in "higher standards" being imposed, unless the closure plan is out of date and does not comply with current standards set out in Regulation 240. If the closure plan does not comply with current standards, it must be brought up to date, however, the regulation does offer options when dealing with legacy sites.
Work with the federal government to evaluate the establishment of road and rail infrastructure in the “Ring of Fire”
Status: Action tracking
What we heard
Federal and provincial governments are not supporting the development of road and rail infrastructure in the "Ring of Fire".
Our plan
In August 2017 the Premier announced that Ontario will support First Nations to plan and construct an east-west road connecting the Webequie and Nibinamik communities to the provincial highway network north of Pickle Lake. This project would provide all-season access to both First Nations communities as well as access from Webequie First Nation into the Ring of Fire (RoF) development.
The province is also supporting Marten Falls First Nation to plan and construct an access road connecting the community to the existing provincial highway network at Aroland/Nakina. Communities are working to begin environmental assessments (EA) of these projects by January 2018, and plan to begin construction in 2019, pending all necessary approvals.
Ontario will continue to support Marten Falls to undertake further technical and environmental studies that could inform planning and development of a north-south access road tied to the development of, and business case for, chromite mining in the RoF.
Ontario is actively working to advance RoF development opportunities in close collaboration with key partners. The province has committed to invest $1 billion to support strategic transportation infrastructure that will not only connect to the proposed mine developments, but will also connect the First Nations in the Ring of Fire area.
Our government continues to maintain an open dialogue with First Nations in the region to ensure these communities can actively participate in the decision-making process and fully benefit from RoF development. Ontario also continues to work with First Nations, both collectively through the Regional Framework Agreement, as well as individually to advance discussions through our bilateral agreements in areas such as multi-purpose roads.
Ontario has been clear in our desire to have the federal government match our $1 billion commitment to transportation infrastructure in the Ring of Fire. The work we are doing together with First Nations will help in developing a plan that we anticipate the federal government will be able to better support.
The Ministry of Northern Development and Mines continues its efforts to lay the important groundwork to drive smart, sustainable and collaborative development in the RoF region. Ontario will continue to work in collaboration with key partners to move forward with this historic opportunity to effect positive economic outcomes for the region, Ontario and all of Canada.
Communicate permitted land uses under the Niagara Escarpment and other recently updated provincial plans
Status: Action tracking
What we heard
Increased development is pushing mine pits and quarries further outside populated areas. This increases costs for businesses.
Our plan
Increasing development pressures in southern Ontario are largely associated with population growth. The Niagara Escarpment Plan (NEP) seeks to ensure these development pressures, including aggregate operations, are properly planned for and located to consider the Escarpment environment.
After over two years of consultation, the Coordinated Land Use Planning Review resulted in the release of four updated land use plans in the spring of 2017: the Niagara Escarpment Plan, Oak Ridges Moraine Conservation Plan, Greenbelt Plan and Growth Plan for the Greater Golden Horseshoe.
Following the release of the updated plans, the Government of Ontario, led by MMA and with support from partner ministries including MNRF, held municipal training sessions to provide information on the changes and improvements to the four plans. The ministries also held a key stakeholder briefing to provide information on the changes. As the lead ministry, MMA has provided a link to a webinar located on the OPPI YouTube Channel regarding updated changes to the Co-ordinated Review.
The province is arranging additional technical briefings and engagements with specific stakeholder groups as requests are made. In addition, the Niagara Escarpment Commission is planning information sessions this fall (2017) to provide additional information to municipalities and stakeholders on the changes to the NEP.
The government will continue to engage industry to convey the policies of the updated NEP, which have not substantially changed with respect to aggregate operations, and make information available to the public and stakeholders regarding the updated policies of the NEP.
This will ensure a more thorough understanding of how the updated policies work to achieve the purpose and objectives of the NEP to protect the continuous natural environment of the Escarpment while permitting compatible development.
Harmonize duplicated regulations under the Aggregate Resources Act and Mining Act
Status: Action tracking
What we heard
Companies that extract minerals have to comply with both the Mining Act and Aggregate Resources Act, which fall under different ministries. This makes compliance more costly, time-consuming and confusing.
Our plan
The Ministry of Natural Resources and Forestry (MNRF) is aware of overlapping areas between the Aggregate Resources Act and the Mining Act for approvals to use aggregate materials on lands regulated under the Mining Act (surface rights).
MNRF will work with MNDM to align the approval processes, which may include exemptions, shared review processes, and alignment of closure plans with permit requirements.
Engagement with MNDM, other ministries, and industry to reduce regulatory burdens is planned as part of the phased approach of the Aggregate Resources Act review. It is anticipated that engagement will commence in early 2018.
Consider reviewing local air quality requirements
Status: Action tracking
What we heard
There is a perception that applying population-based guidelines to a property boundary is overly protective.
Our plan
Under the Local Air Quality Regulation, facilities can choose from three compliance approaches to meet provincial requirements for contaminants emitted to air:
- Demonstrate compliance with the air standard, based on health and environmental impacts
- Request and meet a Site-Specific Standard (for individual facilities)
- Register and meet the requirements under Technical Standards (sector specific standards).
Ontario will continue to work with stakeholders such as public health units, regulated industries and Indigenous communities to support understanding of the three compliance approaches for air contaminants.
Review and communicate the Municipal Property Assessment Corporation process for assessing mine property values
Status: Action tracking
What we heard
Businesses do not understand how the Municipal Property Assessment Corporation (MPAC) evaluates mine property values across the province, especially for those at different stages of development.
Our plan
In 2015, Ontario implemented an advanced disclosure process for the 2017-2020 tax years. It enables mine owners to review the criteria their property valuations are based on, which helps determine the values before assessments are finalized. The Ministry of Finance will work with MPAC, municipalities and other stakeholders to consider if modifications to the process are required. For future reassessments, MPAC will continue to raise awareness of this process and other resources available to property owners and municipalities, including mining property holders. More information about the advance disclosure process can be found on MPAC’s website. The methodology guide for mining properties can also be accessed from MPAC’s website.
Determine if exploration activities need to be improved to support the environment and cultural groups
Status: Action tracking
What we heard
There is a perception that:
- current regulations around exploration activities are too lax and do not protect the environment or communities;
- exploration plans and permits do not adequately protect the environment, in particular bodies of water and soil;
- the Hudson Bay Lowlands is a particularly fragile ecosystem and environmental assessments should be required for all development projects.
Our plan
Stakeholders have the opportunity to comment on a proposed project through the environmental bill of rights (EBR) postings. The Ministry of Northern Development and Mines will explore ways to improve communication of the EBR.
MNDM is also considering advanced coordination with other ministries such as the Ministry of the Environment and Climate Change and the Ministry of Natural Resources and Forestry to discuss permit and approval needs for additional requirements to support exploration, particularly in the remote areas of the province.
Communicate the benefits of rehabilitation methods, such as using a pit as a landfill
Status: Action tracking
What we heard
There is a perception that some rehabilitation methods, such as making a pit or quarry into a landfill, may be harmful to the environment.
Our plan
The Ministry of Natural Resources and Forestry (MNRF) will explore opportunities to improve information available to industry and the public regarding rehabilitation options or methods. These may include best management practices, which will provide standard methodologies for industry to consider and may reduce costly consultation, promoting an integrated approach to the rehabilitation of pits and quarries.
As MNRF moves ahead with the phased approach under the Aggregates Resources Act review, this information will be collected and evaluated as part of the review of the policy manual (likely after 2018).
The Ontario Aggregate Resources Corporation, trustee for the Aggregate Resources Trust, also has a mandate to advance research and information regarding aggregate resource management, including rehabilitation.
Review if clean air regulations support worker health and safety
Status: Action tracking
What we heard
Standards for underground ventilation are lax, too prescriptive, and not focused on outcomes such as improved air quality for worker health and safety.
Our plan
Airborne hazards and ventilation were identified as high hazards during the recent Mining Health, Safety and Prevention Review.
Following the review, the work of the Mining Legislative Review Committee (MLRC) was realigned to reflect these high hazards, including the establishment of a Ventilation and Industrial Hygiene Subcommittee.
The MLRC Subcommittee is comprised of labour and management stakeholders who examine issues related to airborne hazards, make recommendations, and review any proposals to amend relevant sections of the Mines and Mining Plants regulation, including ventilation requirements. It is important that all affected parties are at the table.
The Ministry of Labour will continue to work with the MLRC and its Ventilation and Industrial Hygiene Subcommittee to explore issues regarding airborne hazards and ventilation requirements.
Publicize Ontario’s Environmental Assessment processes
Status: Action tracking
What we heard
There is a perception that Ontario does not have a mandatory environmental assessment process for mining, and that this causes a number of environmental issues.
Our plan
While mines themselves are not covered under Ontario’s Environmental Assessment Act, components of the projects, such as the disposition of land, the transmission of electricity to the mine site, or transportation needs, may be subject to streamlined environmental assessment requirements.
Alternatively, proponents may consider volunteering to complete individual environmental assessments. The Minister of the Environment and Climate Change can designate a project subject to the Environmental Assessment Act, when appropriate.
Ontario also regulates mining-related activities through the issuance of approvals and permits under other legislation such as the Ontario Water Resources Act, the Environmental Protection Act, the Lakes and Rivers Improvement Act, and the Mining Act.
The closure plan requirement provides for establishing a set of environmental baseline conditions of the immediate or subject lands proposed for the mineral development project and lands adjacent to the proposed project area which may be impacted by the project’s activities. This would include: water resources – quality, quantity and movement; vegetation; wildlife habitat; soil resources; human land use and enjoyment; and air quality. This baseline description of existing environmental conditions form the basis for the subsequent closure plan that must be implemented once mining operations have ceased.
No action recommended
Update the definition of the Engineer in the Mining Act
Status: No action recommended
What we heard
The Mining Act and regulations should replace the term ”engineer” with ”registered engineering practitioner” and include the definition provided by the Professional Engineers of Ontario.
Our plan
In 2016, the Ontario government took steps to retain the Industrial Exception under section 23 of the Professional Engineers Act of Ontario. The exception allows companies to have work performed on their own equipment without involving a licensed professional engineer to sign off on the plans.
If the definition were to be amended or replaced to require professional or registered engineering practitioners, it would increase costs for businesses.
Conduct an inter-provincial harmonization review of mining regulations and prospector licences
Status: No action recommended
What we heard
Mining regulations and prospector licences vary across Canada, which creates a potential trade barrier.
Our plan
Each of Canada’s provinces and territories has its own mining act and policies that apply to its mining sector. Harmonization with other jurisdictions is not being contemplated as Ontario’s regulations address the unique issues impacting Ontario’s mining sector.
The Ministry of Northern Development and Mines is transitioning to an electronic Mining Lands Administration System to keep pace with other jurisdictions.
Enhance communication of mining health and safety training standards
Status: No action recommended
What we heard
The process for recognizing mining health and safety training from other provinces is not clear. In addition, training programs are seen as outdated, not harmonized across provinces, and having modules required by all mining staff, even if they are not applicable.
Our plan
Ontario is recognized as a leader in the development of training modules for health and safety in the mining sector. In the past, the modules have been used as the basis for national guidelines offered by the Mining Industry Human Resources (MiHR) Council. Ontario’s training modules are updated at regular intervals and changes are communicated to the sector through multiple channels.
The Ministry of Advanced Education and Skills (MAESD) will also explore expanding the online presence of its modular training and standards by the end of 2018. Using Employment Ontario Partners Gateway and ONe-key Access portal, MAESD will increase the ease with which employers can access all modular training standards, industry guidelines, and updates.
Consider expansion of extensions and exclusions
Status: No action recommended
What we heard
The way the government calculates assessment credits does not consider the costs and delays from the review periods for plans, permits, and consultations. Also, rules around extensions and exclusions do not recognize that certain types of work can only be done at particular times of the year.
Our plan
All claims impacted by a permit that is put on hold are given extension or exclusions of time through an application by the proponents, in order to provide for the delay in process.
All exclusions and extensions of time requests are reviewed on a case-by-case basis as each exploration project is unique. Also, the Ministry of Northern Development and Mines takes into consideration any comments provided by the proponent, including considerations around time of year.
Clarify the differences between surface and mining rights
Status: No action recommended
What we heard
The 2009 government decision to withdraw Crown-owned mineral rights in southern Ontario from staking has resulted in a loss of potential mining opportunities.
Our plan
The intent of the 2009 decision was to strike a balance between preserving the competitiveness of Ontario for exploration and mining and addressing the concerns of surface rights holders.
Exploration companies can approach the surface rights owner and communicate their interest in the land. However, it is up to the surface rights owner to request an order from the Minister to open the mining rights.
These changes encourage development of mineral resources in a way that is respectful of private landowners, minimizes environmental impact and recognizes any affirmation of existing Aboriginal treaty rights.
Move to outcomes-based environmental protection regulations to support mobile treatment plants
Status: No action recommended
What we heard
The environmental compliance approval process is too restrictive and time intensive for mobile treatment plants.
Our plan
An Environmental Compliance Approval (ECA) is required for mobile facilities or equipment such as aggregate crushing and groundwater treatment facilities, to ensure they meet regulatory requirements that protect the environment and human health.
A single ECA is required for the specified mobile facility to operate at different locations across the province without the need for additional applications and reviews for each location.
Applicants are encouraged to contact Ministry of Environment and Climate Change staff to discuss their proposal in advance of submitting an application to reduce the potential for delays during the review process.
Ontario also provides detailed guidance material to support applicants applying for an ECA.
Expand scope of practice for hydrogeologists
Status: No action recommended
What we heard
There is a lack of clarity as to why hydrogeologists who are qualified to address Groundwater Under the Direct Influence of Surface Water (GUDI) cannot assess water well construction and drinking water treatment equipment as required by an Engineering Evaluation Report under the Drinking Water Systems Regulation.
Our plan
Ontario allows only qualified engineers holding a licence (limited or temporary) under the Professional Engineering Act to evaluate and approve drinking water treatment equipment to ensure the health of Ontarians is protected.
Hydrogeologists play an important role in well construction by studying the distribution and movement of groundwater in and around the well, but are not licensed to assess water well construction or drinking water system equipment.
A hydrogeologist may apply to Professional Engineers Ontario to obtain a licence as a professional engineer.
Review and update the Technical Standards and Safety Authority certified equipment lists regularly
Status: No action recommended
What we heard
Equipment on the Technical Standards and Safety Authority’s (TSSA) pre-approved list is overpriced, outdated, inefficient and not aligned with current industry standards.
Our plan
Ontario is committed to public safety. National safety standards and codes are used to strengthen public safety. The codes include equipment requirements that promote safe design, construction, installation, operation, inspection and testing practices.
Under the Technical Standards and Safety Act, 2000, the Technical Standards and Safety Authority (TSSA) adopts national standards and codes for use in Ontario. The codes, which specify the characteristics that equipment must have, are reviewed on a regular basis, both nationally and provincially. TSSA consults with its advisory councils, comprised of industry experts and stakeholders, when reviewing these codes, and posts to its website any potential provincial changes for consultation.
Businesses can apply to TSSA for a variance from regulatory or code requirements for approved equipment if they can demonstrate that their preferred equipment maintains public safety.
Digitalize historical data and maps of northern Ontario
Status: No action recommended
What we heard
The Accessibility for Ontarians with Disabilities Act (AODA) is seen as a barrier to publishing historical data on the geology of northern lands, which may have valuable information to support exploration efforts.
Our plan
All Ontario Geological Survey (OGS) publications areavailable online free of charge through the Geology Ontario Geoscience Warehouse.
Since 2012, all OGS publications added to the Geology Ontario Warehouse comply with the AODA. Items published prior to 2012 can be made accessible upon request. If accessible formats or communications supports are required, please contact us.
Assessment work reporting should include information around how exploration sites are maintained according to provincial standards
Status: No action recommended
What we heard
Assessment work reports should include information around rehabilitation of mine hazards, newly created and historic, as well as any rehabilitation work carried out according to provincial standards.
Our plan
There is no requirement for claim holders to report to the Ministry of Northern Development and Mines on pre-existing mine hazards. It is encouraged that proponents undertake voluntary rehabilitation and report on mine hazard conditions identified in the field. The ministry will continue with an education and outreach campaign on mine hazards.
The ministry publicizes its historic mines hazards on its website to ensure the public is aware of them.
The ministry actively carries out inspections of early exploration under the Exploration Plans and Exploration Permits regulation to ensure that provincial standards are being applied to any new disturbances.
Mining companies are responsible under Ontario’s Occupational and Safety Act to ensure that all employees are aware of potential hazards in their workplaces.
Review water protection mechanisms
Status: No action recommended
What we heard
There is a perception that the government does not oversee watershed safety and that mining companies may pollute water sources.
Our plan
Protecting and supporting clean air, water and land is a central piece of the Ministry of the Environment and Climate Change’s (MOECC) mandate.
The province regulates mining-related activities through a comprehensive regulator regime that includes environmental legislation such as the Environmental Assessment Act, Ontario Water Resources Act, Environmental Protection Act, and Lakes and Rivers Improvement Act.
Prior to issuing permits to take water and approvals to discharge wastewater effluent into Ontario’s waterways, the ministry considers many factors, including the potential impacts that a taking or discharge may have on the natural environment.
When companies fail to meet requirements, the MOECC uses a range of compliance and enforcement tools, including orders, monetary penalties, and prosecutions.
Review provisions in place to protect the enjoyment of natural landscapes for private citizens
Status: No action recommended
What we heard
Exploration activities are overly invasive and negatively impact the public’s enjoyment of nature.
Our plan
Ontario’s plans and permits regime regulates activities proportionate to their potential adverse effects on the land. For activities with zero to low impacts, early exploration plans require notification to any affected party, such as local Indigenous communities and/or surface rights owners. For activities where moderate impacts are concerned, exploration permits are required and provide the Ministry of Northern Development and Mines more flexibility to help mitigate impacts by allowing further consultation and input through the Environmental Registry. Where known archaeological values exist, potential impacts are mitigated through requirements to conduct archaeological studies. In addition, archaeological assessments are conducted routinely at the mine development stage and at advanced exploration stages as a best practice to identify what, if any, cultural heritage resources may exist.
It is also important to note that mineral exploration is a significant contributor to the provincial economy, as the minerals industry supports over 75,000 jobs in Ontario. Minerals and metals mined here play an important role in building a low-carbon economy. From the first nearly all-electric mine in the province, to the use of lithium-ion batteries to reduce reliance on diesel, to transformative technologies that could help increase production and reduce costs, Ontario remains committed to supporting a low-carbon mineral exploration and development sector, as well as to supporting the accelerated uptake of low-carbon exploration and mining technologies.
Communicate how exploration and mining regulations protect the environment and the public interest
Status: No action recommended
What we heard
There should be higher environmental and cultural standards to ensure that mining operations do not negatively impact the public and the environment.
Our plan
New mine developments undergo environmental assessments. This can be through voluntary individual environmental assessments, or through a series of Class EAs under Ontario’s Environmental Assessment Act, whereby components of mining projects, such as the disposition of land, the transmission of electricity to the mine site, and transportation needs, are subject to Class EA requirements.
In addition, the Ministry of Environment and Climate Change (MOECC) regulates mining-related activities through a comprehensive regulatory regime that includes legislation, such as the Environmental Assessment Act, Ontario Water Resources Act and Environmental Protection Act. Site-specific requirements for water use, waste disposal, wastewater treatment, noise, and air emissions are outlined in permits and approvals issued by the MOECC. MOECC staff conduct regular inspections to assess compliance with these approvals and to ensure environmental protection. When companies fail to meet requirements, the MOECC uses a range of compliance and enforcement tools, including orders, monetary penalties, and prosecutions.
The new Mineral Exploration and Development Guide, which will be publicly available in 2018, will clearly identify, in plain language, the regulations in the Mining Act that exist to protect the environment.
Review the exemptions in the Endangered Species Act
Status: No action recommended
What we heard
There is a perception that there are too many exemptions for mining and forestry activities under the Endangered Species Act, which leads to endangered species not being protected.
Our plan
The Ministry of Natural Resources and Forestry (MNRF) applies an adaptive management approach to the Endangered Species Act, 2007 (ESA) policy framework to ensure the protection and recovery of species at risk while also balancing social and economic considerations. An adaptive management approach ensures that knowledge and information gained through research, monitoring and stewardship activities improves our understanding of species at risk, their needs and the effects of various human activities on these species and their habitats. As the ministry’s collective understanding grows, future approaches, decisions and guidance for protecting and recovering species at risk and their habitat will be adapted accordingly.
The regulatory exemption for early exploration mining made under the ESA exempts eligible activities and species from ESA provided certain rules are followed. These rules address the risks that early mineral exploration activities may pose to species at risk by applying certain conditions.
Where the rules in the regulation cannot be met, or for mining-related activities or species at risk that are ineligible for the regulatory exemption, a permit may be required.
Ontario’s Mining Act requires all land affected by exploration and mining activities to be rehabilitated after the activity has finished. A closure plan must be developed by a mining company, and accepted by the Ministry of Northern Development and Mines (MNDM), before advanced exploration or mining can begin. In accordance with closure plan regulations (Ontario Regulation 240/00) mining companies address potential impacts to terrestrial and aquatic plant and animal life in the closure plan (or closure plan amendment), as well as the appropriate rehabilitation and financial assurance measures that are required.
MNRF has taken steps to provide the mining industry with best management practices that minimize adverse effects on species at risk that most commonly intersect with mining activities, such as caribou and at-risk bat species. These resources are available on the Government of Ontario’s website. MNRF will continue to work closely with the mining sector to provide support as needed for the application of the ESA policy framework to mining-related activities.
Review health and safety requirements to determine if changes are required for night shifts
Status: No action recommended
What we heard
The lack of health and safety rules around night shifts (e.g. geology, engineers, and ventilation) expose workers to unsafe working conditions.
Our plan
The requirements, rights and responsibilities set out in the Ontario Health and Safety Act and its regulations apply regardless of time of day.
During night shifts, supervisors on site have received training on hazards and issues like geology, ventilation, etc.
Health and safety information and mining specific resources can be found on the Ministry of Labour’s website.
Review labour and wage practices and ensure they are aligned with requirements as set out in the Employment Standards Act
Status: No action recommended
What we heard
There is a perception that mining pay and working conditions do not meet Ontario’s labour standards.
Our plan
The recently completed Changing Workplaces Review included a comprehensive assessment of the Employment Standards Act, 2000 (ESA) and input from a wide range of business, labour, and advocacy groups as well as individuals. The final report was released in May 2017.
The government subsequently introduced Bill 148, Fair Workplaces, Better Jobs Act. More information about the bill and its status is available on the Legislative Assembly website.
Review the practice of cycling development rounds and determine if changes should be made
Status: No action recommended
What we heard
Rules around cycling development are too broad. This leads to inconsistent evaluation by inspectors and mining companies cutting corners, which puts worker safety at risk.
Our plan
The Occupational Health and Safety Act is based on the principle of the internal responsibility system (IRS), and sets out the rights and responsibilities for all workplace parties in order to protect worker health and safety.
Inspectors receive ongoing training on the Mines and Mining Plants regulation and promote stronger workplace health and safety culture during enforcement activities.
The Ministry of Labour will continue to promote strong workplace health and safety practices through its communications and prevention initiatives, and will continue to promote consistency in enforcement through training and development of resources for inspectors.