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O. Reg. 35/24: REHABILITATION OF LANDS

under Mining Act, R.S.O. 1990, c. M.14

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current February 15, 2024 (e-Laws currency date)

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Mining Act

ONTARIO REGULATION 35/24

REHABILITATION OF LANDS

Consolidation Period: From February 15, 2024 to the e-Laws currency date.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on April 1, 2024, the day subsection 27 (3) of the Building More Mines Act, 2023 comes into force.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

Interpretation

1.

Interpretation

2.

Definition of “advanced exploration” in Part VII of the Act

3.

Definition of “qualified person” in Part VII of the Act

Rehabilitation

4.

Rehabilitation standards

5.

Exemptions from compliance by proponent

6.

Determination of different use or condition post-closure

7.

Progressive rehabilitation

8.

Voluntary rehabilitation

Aboriginal Consultation

9.

Aboriginal consultation

10.

Dispute resolution process

Notices (Advanced Exploration and Mine Production)

11.

Notice of Project Status

12.

Public notice

13.

Notice of Material Change

Closure Plans

14.

Contents

15.

Conditional filing order requests

16.

Submission

Financial Assurance

17.

Corporate financial tests

18.

Compliance for entire life of mine

19.

Compliance for first half of life of mine

20.

Effect of temporary suspension

21.

Phased financial assurance

22.

Change in financial assurance

Other Matters

23.

Certifying for the purposes of the Code

24.

Effect of certification by qualified person

25.

Reporting requirements

26.

Notice of Crown intervention

Transition

27.

Transition, filed closure plan

28.

Transition, no filed closure plan

Schedule 1

Standards for rehabilitation

Schedule 2

Contents of closure plans

Form 1

Proponent’s certificate (requirements are met)

Form 2

Proponent’s certificate (requirements are not met)

Form 3

Qualified person certificate (conforming measures)

Form 4

Qualified person certificate (non-conforming measures)

 

Interpretation

Interpretation

1. (1) In this Regulation,

“approved form” means a form approved by the Minister for the purposes specified in the provision containing the reference to the approved form; (“formulaire approuvé”)

“certified alternative measure” means a rehabilitation measure described in subsection 4 (3); (“mesure de rechange attestée”)

“Code” means the document titled “Mine Rehabilitation Code of Ontario”, dated February 2, 2024, and published by the Ministry on a Government of Ontario website, as amended from time to time; (“Code”)

“conditional filing order” means an order of the Minister made under subsection 140 (3), 141 (3) or 143 (3) of the Act, as the case may be; (“arrêté de dépôt conditionnel”)

“post-closure state” means, in respect of a site, the use or condition of the site referred to in clause (a) or (b) of the definition of “rehabilitate” in subsection 139 (1) of the Act as the consequence of rehabilitation that is specified in the closure plan for the site; (“état après fermeture”)

“post-closure state determination” means a determination by the Minister respecting a change in the use or condition of a site for the purposes of clause (b) of the definition of “rehabilitate” in subsection 139 (1) of the Act; (“détermination concernant l’état après fermeture”)

“rehabilitation measure” means a measure referred to in the definition of “rehabilitate” in subsection 139 (1) of the Act; (“mesure de réhabilitation”)

“senior officer” means, in respect of a corporation,

(a)  the chair or a vice-chair of its board of directors,

(b)  a president, vice-president, chief financial officer, chief executive officer, chief operating officer, chief administrative officer, general manager and any duly appointed officer of the corporation,

(c)  if the corporation does not have a chief financial officer, an individual who performs a similar function in the corporation, or

(d)  the president of a division of the corporation, if that individual is an officer of the corporation. (“cadre dirigeant”)

(2) A reference in this Regulation to a filed closure plan includes reference to,

(a)  an approved closure plan, for the purposes of section 142 of the Act; and

(b)  for greater certainty, a closure plan that is deemed to have been filed under Part VII of the Act.

(3) A requirement under this Regulation that applies to a proponent also applies to a prior holder of an unpatented mining claim who is subject to an order under subsection 147 (1) of the Act.

(4) For greater certainty, in this Regulation, a reference to this Regulation includes reference to the Code.

(5) For greater certainty, nothing in this Regulation affects the operation of section 141.2 of the Act.

Definition of “advanced exploration” in Part VII of the Act

2. (1) In this section,

“material” means rock, ore or any other substance excavated during the process of developing, mining, evaluating or testing any mineral or mineral deposit, but does not include excavated overburden; (“matières”)

“surface stripping” means the removal of overburden to expose bedrock or other material. (“découverture”)

(2) The following work is prescribed for the purposes of the definition of “advanced exploration” in section 139 of the Act:

1.  Exploration carried out underground involving the construction of new mine workings or expanding the dimensions of existing mine workings.

2.  Exploration involving the reopening of underground mine workings by the removal of fixed or permanently fastened caps or bulkheads, or involving the excavation of backfilled shafts, raises, adits or portals.

3.  Exploration that may alter, destroy, remove or impair any rehabilitation work done in accordance with Part VII of the Act or a filed closure plan.

4.  Excavation of material in excess of 1,000 tonnes.

5.  Surface stripping on mining lands where the surface area over which the surface stripping is carried out is greater than 10,000 square metres, or where the volume of surface stripping is greater than 10,000 cubic metres, except where all of the following are satisfied:

i.  Surface stripping is carried out in two or more separate areas on the mining lands.

ii.  The edges of each area where surface stripping is carried out are separated by a minimum of 500 metres.

iii.  In each area where surface stripping is carried out,

A.  the surface area over which the surface stripping is carried out is not greater than 10,000 square metres, and

B.  the volume of surface stripping is not greater than 10,000 cubic metres.

6.  Surface stripping on mining lands where the area over which the surface stripping is carried out is greater than 2,500 square metres or where the volume of the surface stripping is greater than 2,500 cubic metres, if the surface stripping is carried out within 100 metres of a body of water.

Definition of “qualified person” in Part VII of the Act

3. For the purposes of the definition of “qualified person” in subsection 139 (1) of the Act, a qualified person is an individual who,

(a)  is a professional engineer under the Professional Engineers Act or a member of the Association of Professional Geoscientists of Ontario, The Ontario Association of Landscape Architects or the Ontario Institute of Professional Agrologists; or

(b)  holds a university degree in science or engineering and has, in respect of the subject matter of any certified statement to be provided by the individual for the purposes of Part VII of the Act, at least five years of relevant experience.

Rehabilitation

Rehabilitation standards

4. (1) The following standards for rehabilitation, including with respect to protective measures to be taken in respect of closure, are prescribed:

1.  The standards set out in section 2 of Schedule 1 for protective measures to be carried out by a proponent during a state of temporary suspension.

2.  The standards set out in section 3 of Schedule 1 for protective measures and other rehabilitation measures to be carried out by a proponent during a state of inactivity.

3.  The standards set out in section 4 of Schedule 1 for protective measures and other rehabilitation measures to be carried out by a proponent before a project or site is closed out.

4.  The standards, procedures and requirements set out in the Code, which are applicable to the standards and measures referred to in paragraphs 1 to 3.

(2) Subsection (1) applies, with necessary modifications, where the Crown or an agent of the Crown performs rehabilitation measures under Part VII of the Act.

(3) Despite paragraph 4 of subsection (1), if a filed closure plan includes the certificate of a qualified person, provided in accordance with Schedule 2, that a rehabilitation measure set out in the closure plan that does not conform to a standard, procedure or requirement of the Code meets the criteria listed in subsection (4),

(a)  the rehabilitation measure in the closure plan applies instead of the standard, procedure or requirement of the Code; and

(b)  the proponent is not required to comply with the standard, procedure or requirement of the Code as it relates to the measure.

(4) For the purposes of subsection (3), the rehabilitation measure must,

(a)  meet or exceed the objective specified in the applicable Part of the Code; and

(b)  be consistent with one or more of,

(i)  recognized industry standards or best practices,

(ii)  sound scientific principles, and

(iii)  good engineering practice.

(5) This section does not apply with respect to voluntary rehabilitation under section 139.2 of the Act.

Exemptions from compliance by proponent

5. (1) The Minister may, on application by a proponent in writing, exempt the proponent from complying with a requirement under this Regulation respecting a rehabilitation measure, subject to any terms or conditions the Minister may specify, if the Minister determines that,

(a)  it is impracticable to carry out the requirement;

(b)  the requirement would adversely affect the environment;

(c)  the requirement is inconsistent with a land use control set out in a municipal by-law or an order of the Minister of Municipal Affairs and Housing made under the Planning Act; or

(d)  the proponent has specified in the closure plan a rehabilitation measure that meets or exceeds the objective of the requirement.

(2) If the Minister exempts a proponent from complying with a requirement, any corresponding requirement in Schedule 2 to include information respecting the requirement in the proponent’s closure plan does not apply.

(3) The Minister shall give written notice to the proponent of an exemption granted under this section.

Determination of different use or condition post-closure

6. (1) A person who wishes the Minister to make a post-closure state determination shall submit a request to the Minister in the approved form.

(2) In making a post-closure state determination, the Minister shall consider the following matters:

1.  Whether the different use or condition is reasonably likely to be achieved within an appropriate time period, having regard to the land tenure of the site, land capabilities and any applicable land use controls.

2.  Whether the site would require active management after the project is closed out, if the different use or condition were achieved.

3.  Whether, and to what extent, the different use or condition could pose greater risk to public health and safety and the environment than the former use or condition.

4.  Whether appropriate consultation with Aboriginal communities has been carried out.

Progressive rehabilitation

7. For the purposes of subsection 139.1 (2) of the Act, a proponent shall submit to the Minister a progressive rehabilitation report containing the following information:

1.  The name and address of the proponent and, if the holder of the mining rights and surface rights is not a proponent, of the holder.

2.  The name, including any alternate names by which the site is known, and location of the site containing the mine hazards.

3.  The name, address, email address and telephone number of an authorized contact person.

4.  The name and address of the person or company that carried out the rehabilitation work.

5.  A description of each mine hazard and the nature and extent of the rehabilitation work carried out for each mine hazard, including details of how the work meets the prescribed standards for rehabilitation.

6.  A map, to a legible scale, accurately depicting locations and areas where the rehabilitation work was carried out, including references to mining claim numbers, parcel numbers and, where applicable, to the township name and lot and concession numbers.

7.  A summary of results from any monitoring program.

Voluntary rehabilitation

8. (1) In this section,

“applicant” means a person applying for approval under subsection 139.2 (1) of the Act to rehabilitate a mine hazard.

(2) The following lands are prescribed for the purposes of subsection 139.2 (1) of the Act:

1.  Any land in respect of which the surface rights, mining rights or both are under licence of occupation from the Crown.

2.  Land in the actual use or occupation of the Crown or a ministry of the Government of Ontario.

3.  Land the use of which is withdrawn or set apart or appropriated for a public purpose.

4.  Land held by a ministry of the Government of Ontario.

(3) The applicant shall submit the application for approval required by subsection 139.2 (2) of the Act to the Minister in the approved form.

(4) If the lands for which approval is sought has one or more surface rights owners, surface rights holders or recorded holders of a mining claim, the applicant shall provide a copy of the application to all surface rights owners, surface rights holders or recorded holders of mining claims before submitting the application to the Minister.

(5) For the purposes of section 139.2 of the Act, the prescribed rehabilitation standards are those portions of the Code that are applicable to the proposed rehabilitation.

(6) For the purposes of subsection (5), a reference in the Code to a closure plan shall be read as a reference to a voluntary rehabilitation plan.

Aboriginal Consultation

Aboriginal consultation

9. (1) Before submitting a closure plan under paragraph 4 of subsection 140 (1) or paragraph 4 of subsection 141 (1) of the Act or an amendment to a closure plan under paragraph 4 of subsection 143 (1) of the Act, a proponent shall,

(a)  give notice to the Minister by submitting a Notice of Project Status or a Notice of Material Change, as appropriate; and

(b)  conduct consultation with Aboriginal communities as directed.

(2) The Minister shall provide written direction with respect to consultation with Aboriginal communities after the Minister receives a notice under subsection (1) or an application to rehabilitate a mine hazard pursuant to section 139.2 of the Act,

(a)  to the proponent that has given notice under subsection (1); or

(b)  to an applicant that has applied to rehabilitate a mine hazard pursuant to section 139.2 of the Act.

(3) The written direction provided by the Minister shall identify the Aboriginal communities that are to be notified and may do any one or more of the following:

1.  Require that the proponent or applicant prepare a proposed plan for consultation with Aboriginal communities for review by the Minister.

2.  Establish a schedule for making interim reports to the Minister.

3.  Direct that the proponent or applicant do such other things by way of consultation with Aboriginal communities as the Minister considers, in the Minister’s sole discretion, appropriate in the circumstances.

(4) A proponent or applicant shall consult with Aboriginal communities in accordance with,

(a)  a proposed plan for consultation, where one has been required, that has been reviewed by the Minister; and

(b)  any direction provided by the Minister with respect to consultation with Aboriginal communities.

(5) Proponents before giving notice under subsection (1) and applicants before submitting an application to rehabilitate a mine hazard may consult with Aboriginal communities and, where they do so, they shall first request that the Minister identify Aboriginal communities to be notified of their proposed activity.

(6) Proponents and applicants who have consulted with Aboriginal communities before submitting their notice or application shall include with the notice or application submitted to the Minister a consultation report in the approved form detailing how comments from Aboriginal communities, if any, have been considered.

(7) Where a proponent or applicant is required to provide interim reports to the Minister, the proponent or applicant shall provide the reports in the approved form, unless directed otherwise by the Minister.

(8) The Minister may at any time, including after reviewing any interim reports, provide such further direction with respect to consultation with Aboriginal communities or with respect to a proponent’s or applicant’s proposed plan for consultation as the Minister, in the Minister’s sole discretion, considers appropriate in the circumstances.

(9) Where a proponent has conducted consultation, the proponent shall not submit a closure plan or an amendment to a closure plan to the Minister before the following criteria are met:

1.  The proponent has submitted to the Minister a consultation report in the approved form, which includes information with regard to any arrangement reached with an Aboriginal community or the efforts made to reach such an arrangement.

2.  The proponent has received notice from the Minister that the Minister is satisfied that appropriate consultation with Aboriginal communities has been carried out.

(10) Where an applicant has conducted consultation, the Minister may require that the applicant submit a consultation report in the approved form at any time before approving the application to rehabilitate a mine hazard.

(11) In this section,

“applicant” means a person who has applied or intends to apply to rehabilitate a mine hazard pursuant to section 139.2 of the Act.

Dispute resolution process

10. (1) The dispute resolution process set out in this section applies with respect to disputes under paragraph 3 of subsection 140 (1) of the Act, paragraph 3 of subsection 141 (1) of the Act or paragraph 3 of subsection 143 (1) of the Act.

(2) The Minister may, in the Minister’s sole discretion and before a proponent submits a closure plan or an amendment to a closure plan, refer a dispute relating to consultation with Aboriginal communities to an individual or body designated by the Minister under subsection 170.1 (1) of the Act.

(3) The purpose of a dispute resolution process conducted by the designated individual or body is to facilitate consultation among the proponent, Aboriginal communities and the Minister, and is not an appeal.

(4) The designated individual or body shall provide a report setting out recommendations to the Minister within 30 days after having received the referral or within such other time as agreed to by the Minister.

(5) The Minister shall pay the costs of the designated individual or body and the costs associated with conducting the process, at a scale and to a maximum amount set and approved by the Minister.

(6) The designated individual or body’s report forms part of the record of the Minister in consulting with Aboriginal communities regarding the proposed closure plan or proposed amendment to the closure plan and may be disclosed in legal or other proceedings as may be necessary or appropriate.

(7) For greater certainty, the designated individual or body’s own work product, including notes, case file and any other materials of the individual or body pertaining to the dispute, are confidential to the individual or body and are not subject to disclosure in any legal or other proceeding.

Notices (Advanced Exploration and Mine Production)

Notice of Project Status

11. (1) For the purposes of subsections 140 (1), 141 (1), 141.1 (2) and 144 (1) of the Act, a proponent shall submit to the Minister a Notice of Project Status in the approved form.

(2) A proponent shall submit to the Minister a further Notice of Project Status if advanced exploration or mine production begins more than one year after the date specified in the project schedule submitted with the original notice.

Public notice

12. (1) Public notice under subsection 140 (1), 141 (1) or 143 (1) of the Act shall be given,

(a)  by holding a public information session in the area in which the project is located or in another location chosen to ensure that as many members as possible of the public affected by the project may receive information regarding it;

(b)  by publishing a notice in a newspaper having general circulation in the area in which the project is located or by an alternative or additional measure designed to ensure that as many members of the public as possible have reasonable notice of the public information session; and

(c)  by notifying directly the owners of the lands that are adjacent to the project of the public information session.

(2) Public notice shall be given at least seven days before holding the public information session and shall include the following:

1.  The name and address of the proponent.

2.  The name of the project.

3.  The name, address, email address and telephone number of an authorized contact person.

4.  A description of the location of the project site and a map showing the location. The map must be a minimum of seven centimetres per side, include a north arrow and scale and show a minimum of a three kilometre radius and a maximum of a five kilometre radius around the site.

5.  A description of the project, indicating its nature and size and the nature and extent of related work to be carried out to complete the project.

6.  The proposed starting or restarting date for the advanced exploration or mine production.

7.  The time and location of the public information session for the project.

(3) The proponent shall provide to the Minister the names of the members of the public who attend the public information session and any written comments provided by them, no later than 15 days after the session.

(4) The proponent shall provide to the Minister the names of the owners of lands adjacent to the project who were notified of the public information session.

Notice of Material Change

13. For the purposes of subsections 141.1 (2), 143 (1) and 144 (2) of the Act, a proponent shall submit to the Minister a Notice of Material Change in the approved form.

Closure Plans

Contents

14. (1) Except as otherwise provided under Part VII of the Act or this Regulation, a closure plan must include at least the information set out in Schedule 2, in the order in which the Schedule lists the required information.

(2) A proponent may omit from the closure plan any item of information listed in Schedule 2 that is not applicable to a project, but the proponent shall specifically refer to the item in the closure plan, state that it is not applicable and specify the reason why.

(3) If an item of information listed in Schedule 2 is not applicable to a project because of a conditional filing order, an exemption granted under section 5 or a post-closure state determination, a copy of the order, exemption or determination shall be attached to the closure plan as an appendix.

(4) If a closure plan relates to a project with respect to an existing or abandoned site and information is required regarding conditions or events that existed or occurred before the start of the project, the proponent shall,

(a)  provide the information that is reasonably available; or

(b)  if the information is not reasonably available, indicate what searches have been undertaken with a view to providing the required information, including a list of any sources searched.

(5) A plan or map, or additional detail or background information, required in a closure plan may appear in an appendix to the closure plan if the proponent specifically refers to the plan, map, detail or information under the item in the closure plan to which the plan, map, detail or information relates.

(6) An appendix to a closure plan forms part of the closure plan.

(7) This section applies with necessary modifications with respect to amendments to a closure plan.

(8) For the purposes of subsection (7), an up-to-date qualified person certificate under subparagraph 2 ii of Schedule 2 is only required with respect to the Parts of the Code that are relevant to the aspects of the filed closure plan that would be changing through the amendment.

Conditional filing order requests

15. A proponent shall submit a request for a conditional filing order to the Minister in the approved form.

Submission

16. The proponent shall submit to the Minister the number of copies of the closure plan or amendment to the closure plan that is specified by the Minister, together with the financial assurance required as part of the closure plan or amendment.

Financial Assurance

Corporate financial tests

17. (1) The corporate financial tests set out in sections 18 and 19 are prescribed for the purposes of paragraph 5 of subsection 145 (1) of the Act.

(2) For the purposes of the corporate financial tests,

“credit rating” means a corporate credit rating or, in the absence of such a rating, a debt rating on a proponent’s most senior debt instrument having a term of at least five years; (“cote de solvabilité”)

“life of a mine” means the projected length of time that a project will be in mine production, be processing mineral products resulting from mine production or involve the active placement of tailings, as determined in accordance with this section; (“durée de vie d’une mine”)

“proven and probable reserves” means reserves of ore that have been determined in accordance with the standards for determining such reserves found in Canadian Securities Administrators’ National Instrument 43-101. (“réserves prouvées et probables”)

(3) The life of a mine begins on the date on which the closure plan for the rehabilitation of the project is filed or deemed to have been filed.

(4) Subject to subsections (5) and (6), the life of a mine is calculated with reference to,

(a)  the proven and probable reserves at the site;

(b)  the planned production schedules referred to in the closure plan; and

(c)  the mine development period referred to in the closure plan.

(5) For those projects, located on their own site, that process mineral products resulting from mine production such as but not limited to refining, smelting or milling, the life of a mine is calculated with reference to total feed dedicated to the processing facility over the life of the contributing mines divided by the annual production schedule if,

(a)  at least two thirds of mined material supplied to the processing facility during the proponent’s fiscal year came from the proponent’s proportioned share of mined material from mines in which it has an ownership interest; and

(b)  at least one third of mined material supplied to the processing facility during the proponent’s fiscal year came from the proponent’s proportioned share of mined material from Ontario mines.

(6) For those projects that are located on their own site and consist of the active placement of tailings, the life of the mine is calculated with reference to total feed dedicated to the processing facility producing the tailings over the life of all the proponent’s contributing mines divided by the annual production schedule of the processing facility if,

(a)  at least two thirds of mined material supplied to the processing facility during the proponent’s fiscal year came from the proponent’s proportioned share of mined material from mines in which it has an ownership interest; and

(b)  at least one third of mined material supplied to the processing facility during the proponent’s fiscal year came from the proponent’s proportioned share of mined material from Ontario mines.

(7) Subject to subsection (8), if any of the operations mentioned in subsection (5) or (6) are carried out on mined material received from other projects, the life of the mine is calculated by prorating the proven and probable reserves and the planned production schedules for all projects providing material to those operations.

(8) Subsection (7) does not apply for the calculation of the life of a mine unless the following conditions are met:

1.  At least two-thirds of mined material supplied to a project during the proponent’s fiscal year came from the proponent’s proportioned share of mined material from mines in which they have an ownership interest.

2.  At least one-third of mined material supplied to a project during the proponent’s fiscal year came from the proponent’s proportioned share of mined material from Ontario mines.

Compliance for entire life of mine

18. (1) If a proponent’s credit rating meets or exceeds two of the following credit ratings from the stated credit rating services, the proponent complies with the corporate financial test for the entire life of the mine:

1.  A (low) from DBRS Limited.

2.  A3 from Moody’s Canada Inc.

3.  A- from S&P Global Ratings Canada.

4.  A- from Fitch Ratings, Inc.

(2) A proponent that provides financial assurance by complying with the test under subsection (1) shall, in the closure plan,

(a)  name the rating services being relied on;

(b)  submit confirmation from those services of their credit ratings for the proponent; and

(c)  identify the form and amount of financial assurance that the proponent will provide if the proponent ceases to comply with the test under subsection (1) or ceases production from the mine.

(3) A proponent that has complied with the test shall inform the Minister in writing,

(a)  within seven days if any rating service named under clause (2) (a) downgrades the proponent’s credit rating or issues a credit watch with respect to the proponent’s credit rating; or

(b)  within 30 days if any matter other than those mentioned in clause (a) arises that may materially affect the proponent’s status in relation to financial assurance or the life of a mine.

(4) If, as a result of a downgrading referred to in clause (3) (a), the proponent no longer complies with the corporate financial test under subsection (1), the proponent shall, within 30 days, provide the Minister with financial assurance in the form and in the amount identified in accordance with clause (2) (c).

(5) Despite subsection (4), the proponent may provide evidence satisfactory to the Minister that the proponent, although no longer complying with the corporate financial test under subsection (1), complies with the test set out in section 19.

(6) A proponent that complies with the test under section 19 is considered to have provided financial assurance for the balance of the first half of the life of the mine.

Compliance for first half of life of mine

19. (1) If a proponent’s credit rating meets or exceeds two of the following credit ratings from the stated credit rating services, the proponent complies with the corporate financial test for the first half of the life of the mine if the first half of the life of a mine is at least four years:

1.  BBB (low) from DBRS Limited.

2.  Baa3 from Moody’s Canada Inc.

3.  BBB- from S&P Global Ratings Canada.

4.  BBB- from Fitch Ratings, Inc.

(2) A proponent that provides financial assurance by complying with the test under subsection (1) shall, in the closure plan,

(a)  name the rating services being relied on;

(b)  submit confirmation from those services of their credit ratings for the proponent; and

(c)  identify the form and amount of financial assurance that the proponent will provide if the proponent ceases to comply with the test under subsection (1) or ceases production from the mine, and that the proponent will provide over the second half of the life of the mine.

(3) A proponent that has complied with the test shall inform the Minister in writing,

(a)  within seven days if any rating service named under clause (2) (a) downgrades the proponent’s credit rating or issues a credit watch with respect to the proponent’s credit rating; or

(b)  within 30 days if any matter other than those mentioned in clause (a) arises that may materially affect the proponent’s status in relation to financial assurance or the life of a mine.

(4) If, as a result of a downgrading referred to in clause (3) (a), the proponent no longer complies with the corporate financial test under subsection (1), the proponent shall, within 30 days, provide the Minister with financial assurance in the form and in the amount identified in accordance with clause (2) (c).

(5) A proponent that complies with the test under subsection (1) shall, within 60 days after the end of a fiscal year, provide the Minister with a statement of the amount of ore produced or processed during the previous fiscal year, certified by a senior officer of the corporation.

Effect of temporary suspension

20. A proponent that complies with a corporate financial test and that places a project into temporary suspension shall provide 25 per cent of the financial assurance that the proponent would have been required to provide if the proponent had not complied with the test,

(a)  within 30 days of the submission of the Notice of Project Status indicating that the project has been placed in temporary suspension; and

(b)  no later than the first, second and third anniversaries respectively of the date of submission of the Notice of Project Status indicating that the project has been placed in temporary suspension.

Phased financial assurance

21. (1) In this section, references to phases of a project are references to the phases of the project as identified in the closure plan.

(2) For the purposes of paragraph 6 of subsection 145 (1) of the Act, financial assurance in the form of phased financial assurance must meet the following requirements:

1.  It must provide for financial assurance with respect to each phase of a project.

2.  The amount and timing of the financial assurance must result in the Minister holding, at any given time during a project, adequate and sufficient financial assurance to cover the rehabilitation work required under the closure plan for each mine hazard located on the site at that time.

3.  The financial assurance must be provided in accordance with the following rules:

i.  For the purposes of section 16, the financial assurance for the first phase of the project must be submitted together with the closure plan.

ii.  Financial assurance for each subsequent phase of the project must be received by the Ministry at least 45 days before the start of any activity in the phase.

4.  The amount of the financial assurance provided for a phase of the project shall not include any set-off or deduction for any progressive rehabilitation done during the phase or any previous phase.

(3) For greater certainty, nothing in this section shall be read as affecting a requirement of a proponent to apply for a reduction of financial assurance under subsection 145 (7) of the Act in order to reflect the performance of rehabilitation work.

Change in financial assurance

22. (1) If the Minister requires financial assurance under subsection 145 (6) or (6.1) of the Act, or approves a change in the form of financial assurance under subsection 145 (6.2) of the Act, the Minister shall notify the proponent in writing of the required form of assurance by a method referred to in subsection 153.4 (1) of the Act or by electronic means.

(2) If the Minister approves a change in the form of financial assurance to compliance with a corporate financial test, the Minister shall, no later than 30 days after approving the change, return any previously-provided financial assurance to the proponent.

Other Matters

Certifying for the purposes of the Code

23. (1) If the Code requires or permits the provision of a certificate, certified report or other certified statement by a qualified person, the certificate, report or statement shall be signed by the person and shall,

(a)  state the person’s name, address, occupation and qualifications;

(b)  provide a statement of the specific aspects of the closure plan with respect to which the certificate, report or statement relates;

(c)  indicate whether the person personally examined the project or examined information related to it provided by another source;

(d)  state the date of an examination carried out under clause (c);

(e)  if the certificate, report or statement is not based on personal examination of the project, indicate the source of the information assessed before certifying; and

(f)  contain details of any direct or indirect interest, current or expected, of the person or of a person who has provided information to that person, in the project of a corporate proponent or any of the proponent’s affiliates, including any direct or indirect beneficial ownership in the securities of the proponent or any of its affiliates.

(2) For the purposes of clause (1) (f), a corporation is deemed to be affiliated with another corporation if one of them is the subsidiary of the other, both are subsidiaries of the same corporation or each of them is controlled by the same person.

Effect of certification by qualified person

24. For greater certainty, a requirement or other provision in this Regulation for a qualified person to certify information shall not be read as making the qualified person to any extent responsible for ensuring that a measure contained in a closure plan is carried out in accordance with the plan, which is solely the responsibility of the proponent as provided for under Part VII of the Act.

Reporting requirements

25. (1) The proponent of the project to which a filed closure plan relates shall prepare and maintain each year,

(a)  surface site plans required in the closure plan;

(b)  plans on a horizontal plane, with separate drawings for each mining level, showing all underground workings, including shafts, tunnels, dams and bulkheads; and

(c)  plans on a vertical plane of all mine sections at suitable intervals and azimuths, showing all shafts, tunnels, drifts, stopes and other mine workings in relation to the surface, including the location of the top of the bedrock and the surface of any known body of water.

(2) Copies of the plans must be prepared to a legible scale and be digitized or microfilmed or made suitable for digitization or microfilming.

(3) The proponent shall,

(a)  promptly submit copies of the plans to the Minister on request; and

(b)  make copies of the plans available for inspection at the project site or another mutually agreed on location in Ontario.

(4) If the project is placed in a state of inactivity or is closed out, the proponent shall promptly revise the plans to the date of inactivity or close out and submit them to the appropriate office of the Resident Geologist of the Ministry.

Notice of Crown intervention

26. A notice to a proponent or prior holder of an unpatented mining claim under subsection 147 (2) of the Act shall,

(a)  be in writing;

(b)  identify the lands on which the mine hazard exists;

(c)  specify the rehabilitation work to be completed; and

(d)  be given at least 15 days before the Crown or an agent of the Crown enters the lands to rehabilitate the mine hazard.

Transition

Transition, filed closure plan

27. (1) In this section and section 28,

“transition date” means the day on which this Regulation comes into force.

(2) This section applies if there is a filed closure plan with respect to a project on the transition date.

(3) If the circumstances specified in subsection (4) apply, the proponent is not required to comply with the requirements of subparagraph 2 ii of Schedule 2 to provide qualified person certificates with respect to any amendment to the filed closure plan, other than certificates for the purposes of subsection 4 (3).

(4) Subsection (3) applies if,

(a)  the Notice of Material Change for the amendment was submitted before the transition date or within three months after it; and

(b)  the amendment is submitted no later than the second anniversary of the transition date.

Transition, no filed closure plan

28. (1) This section applies if there is no filed closure plan with respect to a project on the transition date.

(2) If the circumstances specified in subsection (3) apply, the proponent is not required to comply with the requirements of subparagraph 2 ii of Schedule 2 to provide qualified person certificates with respect to the submission of a closure plan, other than certificates for the purposes of subsection 4 (3).

(3) Subsection (2) applies if,

(a)  the Notice of Project Status for the closure plan was submitted before the transition date or within three months after it; and

(b)  the closure plan is submitted no later than the second anniversary of the transition date.

29. Omitted (revokes other Regulations).

30. Omitted (provides for coming into force of provisions of this Regulation).

Schedule 1
STANDARDS FOR REHABILITATION

1. If a certified alternative measure set out in a closure plan applies instead of a standard, procedure or requirement set out in the Code, a reference in this Schedule to the Code that would include the replaced standard, procedure or requirement shall be read as including the certified alternative measure instead.

2. The following standards apply with respect to a project that is in a state of temporary suspension:

1.  All reasonable measures shall be taken to restrict access to the site and all buildings and other structures to authorized persons only.

2.  All mine openings that are potentially dangerous shall be protected against unauthorized or inadvertent access.

3.  All electrical systems shall be protected from inadvertent access.

4.  All mechanical and hydraulic systems shall be maintained in a no-load condition.

5.  All physical, chemical and biological monitoring programs shall be continued.

6.  All contaminated effluents shall be controlled.

7.  All waste management systems and sites and petroleum products, chemicals and waste shall be made secure.

8.  All explosives shall be disposed of or removed from the site.

9.  All rock piles and stockpiles of ore, concentrate, overburden and other materials and all tailings, water and other impoundment structures shall be maintained in a stable and safe condition.

10.  All other reasonable measures shall be taken to prevent personal injury or property damage that is reasonably foreseeable as a result of placing the project in a state of temporary suspension.

3. (1) The following standards apply with respect to a project that is in a state of inactivity:

1.  All reasonable measures shall be taken to restrict access to the site and all buildings and other structures to authorized persons only.

2.  All shafts, raises and stopes open to surface shall be secured.

3.  All portals of adits and declines shall be secured.

4.  All other mine openings to surface shall be stabilized and secured.

5.  All surface and subsurface mine workings shall be assessed for stability in accordance with the Code.

6.  All mechanical and hydraulic systems shall be maintained in a no-load condition.

7.  All essential electrical systems shall be protected from inadvertent access and non-essential electrical systems shall be de-energized.

8.  All tailings, rock piles, stockpiles of ore, concentrate, overburden and other materials, landfill sites and other waste management sites and systems shall be monitored and maintained, removed or rehabilitated.

9.  All petroleum products, chemicals and waste, including polychlorinated biphenyls (PCBs), shall be removed, disposed of, isolated or otherwise managed on site.

10.  All explosives shall be disposed of or removed from the site.

11.  All impoundment structures shall be maintained in a stable and safe condition.

12.  All materials, or conditions created as a result of mining, that produce or may produce acid rock drainage or metal leaching shall be dealt with in accordance with the Code including with any applicable management plan required under the Code.

13.  All other reasonable measures shall be taken to prevent personal injury or property damage that is reasonably foreseeable as a result of placing the project in a state of inactivity.

(2) The proponent shall inspect the site at least once every six months to ensure that all required protective measures are in place.

4. The following standards apply with respect to a project that is being closed out:

1.  The following mine features and disturbances shall be treated in accordance with the Code:

i.  All shafts, raises and stopes open to surface, portals of adits and declines, and any other openings to surface.

ii.  All surface and subsurface mine workings, including any crown pillars.

iii.  All tailings dams and other impoundment structures and areas.

iv.  All tailings, rock piles and stockpiles of ore, concentrate, overburden and other materials.

v.  All project infrastructure, including,

A.  buildings,

B.  concrete structures, foundations and slabs,

C.  utility lines and poles,

D.  pipelines,

E.  transportation corridors, including the shoulders and surfaces of roads,

F.  airstrips,

G.  railways, and

H.  machinery, equipment and storage tanks.

2.  Without limiting the generality of paragraph 1, all materials, and all conditions created as a result of mining, that produce or may produce acid rock drainage or metal leaching shall be dealt with in accordance with the management plan required under the Code.

3.  All explosives shall be disposed of or removed from the site.

4.  All petroleum products, chemicals and waste shall be disposed of on site or removed.

5.  PCBs or material contaminated with PCBs shall be removed or managed on site.

6.  All soils in the vicinity of areas used for storing or transferring petroleum products, chemicals, ore, concentrates or waste during the life of the project shall be sampled and tested for contamination and, if contamination is found, a risk assessment and action plan for the contaminated soils shall be developed and implemented.

7.  All landfills and other waste management sites shall be closed.

8.  All decant structures, other than dam spillways, shall be removed or left inoperable.

9.  All remaining on-site watercourses or drainage channels shall be left so as not to require maintenance.

10.  Revegetation measures shall be implemented to achieve the objectives described in the Code.

11.  All other reasonable measures shall be taken to prevent personal injury or property damage that is reasonably foreseeable as a result of closing out the project.

Schedule 2
CONTENTS OF CLOSURE PLANS

A closure plan shall contain the following information:

1.  Letter of transmittal:

i.  The signature of the following individual, and the date on which the letter was signed:

A.  The proponent, if the proponent is an individual.

B.  If the proponent is a corporation, a senior officer of the corporation.

ii.  A statement that the submitted closure plan constitutes the entire closure plan under Part VII of the Act.

iii.  The names of any agents or employees authorized to act on the proponent’s behalf.

2.  Certificates:

i.  Proponent’s certificate:

A.  If the closure plan meets the requirements of this Regulation, a certificate in Form 1 to this Schedule, in English or in French, signed by the individual or individuals specified in sub-subparagraph C.

B.  If the closure plan does not meet the requirements of this Regulation and is being submitted together with a conditional filing order, a certificate in Form 2 to this Schedule, in English or in French, signed by the individual or individuals specified in sub-subparagraph C.

C.  The certificate shall be signed by,

1.  the proponent, if the proponent is an individual, or

2.  if the proponent is a corporation, two senior officers, one of whom must be the chief financial officer or, if the corporation does not have a chief financial officer, an individual who performs a similar function in the corporation.

ii.  Qualified person certificates:

A.  For each Part of the Code, the certificate specified by sub-subparagraph B, C or D, as applicable, signed by a qualified person in accordance with the following rules:

1.  Parts 1 to 4, 6, 8 and 10 may only be signed by a professional engineer under the Professional Engineers Act or a member of the Association of Professional Geoscientists of Ontario.

2.  Part 7 may only be signed by a professional engineer under the Professional Engineers Act or a member of the Association of Professional Geoscientists of Ontario or the Ontario Institute of Professional Agrologists.

3.  Parts 5 and 9 may be signed by any qualified person.

B.  If the rehabilitation measures set out in the closure plan conform to the standards, procedures and requirements of the Part or Parts of the Code to which the certificate relates, the certificate shall be in Form 3 to this Schedule.

C.  If the rehabilitation measures set out in the closure plan do not conform to the standards, procedures, and requirements of the Part or Parts of the Code to which the certificate relates, but the non-conformance is only to the extent permitted by a conditional filing order submitted together with the closure plan, the certificate shall be in Form 4 to this Schedule.

D.  If the certificate is for the purposes of subsection 4 (3) of this Regulation, the certificate shall be in Form 4 to this Schedule.

E.  A form required by this paragraph shall include the qualified person’s name and, if the qualified person is a professional engineer under the Professional Engineers Act or a member of the Association of Professional Geoscientists of Ontario, The Ontario Association of Landscape Architects or the Ontario Institute of Professional Agrologists, the person’s designation.

3.  Project information:

i.  The proponent’s name and address and the location and address of the project site.

ii.  The boundaries of the project site and details of the land tenure of the project, including the proponent’s interest in the mining lands within the boundaries and of the tenure of land not owned but leased or otherwise controlled by the proponent.

iii.  A site plan of legible scale indicating the location of all project features, including all openings to the surface, in relation to the site boundaries and the claim numbers, parcel numbers and, where applicable, the township name, lot number and concession number.

iv.  Plans and sections of proposed new underground or open pit development.

4.  Current project site conditions:

i.  Details of the current land use of the site and the immediately adjacent lands that may be affected by the project, including current zoning and official plan designations, where applicable.

ii.  Topographical details of the site, including a plan of appropriate scale and contour interval where the project will alter existing site topography.

iii.  Details of the surface waters on or flowing through the site and any surface waters receiving flow from the site, including an assessment of the quality and quantity of such waters that indicates whether and to what extent they will be affected by the project and shall be consistent with the monitoring requirements specified in the Code and a plan of legible scale showing the current location of all such waters and their watershed boundaries.

iv.  Details of the ground waters within and beyond the site boundaries that may be affected by the project, including the identification of aquifers and an assessment of the quality and quantity of such ground waters that indicates whether and to what extent they will be affected by the project and shall be provided in accordance with the Code.

v.  Details of the terrestrial plant and animal life that may be affected by the project.

vi.  Details of the aquatic plant and animal life that have been or may be affected by the project.

vii.  Complete details of any previous activities that may have resulted in a mine hazard existing on the site or any contamination of the site that has occurred, including the history of the site, an assessment of any physical mine hazards that exist and an assessment of any current contamination of soils, surface and ground waters that exist at the start of the project.

5.  Project description:

i.  A brief summary of the project.

ii.  Details of the mineralogy of the ore and host rock within the site.

iii.  Details of the mining activities anticipated throughout the life of the project, including methods and rates of mine development and mining, and methods and procedures for handling mine backfill.

iv.  Details of any processing, including a general description of the process, types and rates of any reagents used and a process water balance.

v.  Details of existing and expected buildings and infrastructure on the site, including their size, type, use and location and a surface plan, at a legible scale, showing their location.

vi.  Details of the production, handling and disposal of any tailings on the site, including the physical and chemical nature of the tailings, an assessment of the potential for metal leaching and acid mine drainage in accordance with the Code, the rate of production of tailings, methods of handling tailings, the location, size and nature of any tailings impoundment and treatment areas and a surface plan of legible scale showing the location of any such areas with engineering details of any impoundment structures.

vii.  Details of the production, handling, storage and disposal of waste rock, ore, concentrate and overburden, including the physical and chemical nature of the materials, an assessment of the potential for metal leaching and acid mine drainage in accordance with the Code, the rates of production of such material, methods of handling and the location, size and nature of any storage or disposal areas and a surface plan of legible scale showing the location of any storage or disposal areas.

viii.  Available details of any existing or proposed waste management systems and treatment or disposal sites, including disposal sites located within tailings areas, a description of the treatment or disposal process or system and a surface plan of legible scale showing the location of any treatment or disposal site and effluent discharge points.

ix.  Details of any water management or treatment systems, including a description of the processes and physical facilities for such systems.

x.  Details of storage sites for petroleum products, chemicals, explosives, hazardous substances and toxic substances, including the quantity of materials stored, the size, nature and location of such storage areas and a surface plan of legible scale showing their location.

xi.  A proposed schedule for the project.

xii.  If a management plan for materials that produce or may produce acid rock drainage or metal leaching is required under the Code, a copy of the management plan.

6.  Progressive rehabilitation: details of any such measures anticipated during the life of the project, including a schedule for carrying them out.

7.  Rehabilitation measures — temporary suspension:

i.  Details of measures to,

A.  restrict access to the project site, buildings and other structures to authorized persons,

B.  secure petroleum products, chemicals, waste and waste management systems, and

C.  dispose of or remove explosives from the site.

ii.  Details of measures for the prevention of unauthorized or inadvertent access to mine openings to the surface.

iii.  Details of measures to ensure maintenance of mechanical and hydraulic systems in a no-load condition and protect electrical systems from unauthorized or inadvertent access.

iv.  Details of measures to control effluents of all types.

v.  Details of measures to ensure that all rock piles and stockpiles of ore, concentrate, overburden and other materials are maintained in a safe and stable condition.

vi.  Details of measures to ensure that all tailings, water and other impoundment structures are maintained in a safe and stable condition in accordance with the Code.

vii.  A schedule of protective measures to be implemented in order for the project to be considered in temporary suspension.

8.  Rehabilitation measures — inactivity:

i.  Details of measures to restrict access to the project site, buildings and other structures to authorized persons.

ii.  Details of how all shafts, raises or open stopes are to be secured.

iii.  Details of how all portals of adits and declines are to be secured.

iv.  Details of measures to ensure that all other mine openings to surface that create a mine hazard are stabilized and secured.

v.  Details of measures to ensure that all mechanical and hydraulic systems are maintained in a no-load condition and that non-essential electrical systems are de-energized and all other electrical systems are made safe and secure.

vi.  Details of measures to monitor, maintain or rehabilitate all tailings impoundment areas.

vii.  Details of measures to monitor, maintain or rehabilitate all landfill or other waste management sites.

viii.  Details of measures to remove, dispose of, isolate or manage on site all petroleum products, chemicals and waste, including polychlorinated biphenyls (PCBs), and to ensure that all explosives are disposed of or removed from the site.

ix.  Details of measures to ensure that all rock piles and stockpiles of ore, concentrate, overburden and other materials are monitored and maintained in a physically and chemically safe and stable condition.

x.  Details of measures to ensure that all tailings, water and other impoundment structures are maintained in a safe and stable condition in accordance with the Code.

xi.  Details of a site inspection program to be conducted at least once every six months to ensure that the required rehabilitation measures are in place and how the site inspections will be recorded and reported to the Minister.

xii.  A schedule of the protective measures and other rehabilitation measures to be implemented in order for the project to be considered in a state of inactivity.

9.  Rehabilitation measures — closed out:

i.  Details of how all shafts, raises or open stopes shall be secured in accordance with the Code.

ii.  Details of how all portals of adits and declines are to be secured in accordance with the Code.

iii.  Details of the measures to be implemented to ensure that all other mine openings to surface that create a mine hazard are stabilized and secured in accordance with the Code.

iv.  Details of the measures to be implemented to assess the stability of surface and subsurface mine workings and any measures to be used to ensure stability of the ground surface in accordance with the Code, including reports of all geotechnical studies required under the Code as of the date of the closure plan.

v.  Details of how all buildings, power transmission lines, waterlines, railways, pipelines, airstrips and other structures and infrastructure will be treated in accordance with the Code.

vi.  Details of how all machinery, equipment and storage tanks will be treated in accordance with the Code.

vii.  Details of how all transportation corridors will be treated in accordance with the Code.

viii.  Details of how all concrete structures, foundations and slabs shall be treated in accordance with the Code.

ix.  Details of how all petroleum products, chemicals and waste will be disposed of on site or removed and how all explosives will be disposed of or removed.

x.  Details of how any PCBs or PCB-contaminated material will be removed or managed on site.

xi.  Details of measures to close all landfill sites and other waste management sites.

xii.  Details of measures to sample and test soils in the vicinity of any petroleum product, chemical, explosive or waste storage or transfer sites, and details of the risk assessment and action plan for contaminated soil if contamination is found.

xiii.  Details of measures to ensure physical and chemical stability, erosion control and surface and ground water quality at all tailings areas.

xiv.  Details of measures to ensure physical and chemical stability, erosion control and surface and ground water quality at all rock piles and stockpiles of ore, concentrate, overburden and other materials.

xv.  Details of measures to breach or stabilize all tailings, water and other impoundment structures against static or dynamic loadings to ensure the containment of materials and the maintenance of the post-closure state.

xvi.  Details of measures to remove or make inoperable all decant structures, other than dam spillways.

xvii.  Details of measures to ensure that the physical structure of all water courses and drainage channels remaining on the site will be left so as to not require maintenance.

xviii.  Details of measures for the revegetation of the site in accordance with the Code.

xix.  A schedule of the protective measures and other rehabilitation measures to be implemented before the project can be considered closed out.

10.  Monitoring:

i.  Details of the monitoring programs and procedures in accordance with the Code to ensure that the physical stability of mine hazards located on the site provide the level of protection required for each stage of closure, including the locations, methods and frequencies of monitoring and how the results of the monitoring will be recorded and reported to the Minister.

ii.  Details of the monitoring programs and procedures in accordance with the Code to ensure that the chemical stability of tailings, rock piles and stockpiles of ore, concentrate, overburden and other materials, and surface and subsurface effluents provide the level of protection required for each stage of closure, including the locations, methods and frequency of sampling, the parameters to be analyzed, the analytical methods to be used and how the results of the monitoring will be recorded and reported to the Minister.

iii.  Details of any biological monitoring programs and procedures to assess the effects of the project on any biological communities. These details shall include the locations, nature, methods and frequency of monitoring, the biological communities to be monitored and how the results of the monitoring will be recorded and reported to the Minister.

11.  Expected site conditions:

i.  Details of the post-closure state.

ii.  Details of the site topography after close out if significant changes to the existing site topography are expected, including a topographic plan of legible scale and contour interval.

iii.  Details of the expected conditions, after close out, of all surface waters on or flowing through the site and any surface waters receiving flow from the site, including the expected quantity and physical and chemical quality as well as all expected final water elevations of all surface waters that may be affected by the project.

iv.  Details of the expected conditions, after close out, of all ground waters located within the site that may have been affected by the project, including the expected location of aquifers, the expected quantity, the expected physical and chemical quality, all expected final water elevations and the compatibility with expected land use of all ground waters that may be affected by the project.

v.  Details of the expected condition of the terrestrial plant and animal life communities, as compared to the condition of such communities before the start of the project, that may have been affected by the project, including the methods to be used to assess the health or quality of the communities to demonstrate that the project will sustain terrestrial plant and animal life and that the project can be considered closed out.

vi.  Details of the expected condition of the aquatic plant and animal life communities, as compared to the condition of such communities before the start of the project, that may have been affected by the project, including the methods to be used to assess the health or quality of the communities to demonstrate that the project will sustain aquatic plant and animal life and that the project can be considered closed out.

12.  Costs:  details of the expected costs of implementing the rehabilitation measures and monitoring programs required to close out the site, including at least a detailed expenditure schedule and an itemized estimate of capital costs and operating costs based on the market value of the material goods and services provided.

13.  Financial assurance:

i.  The form and amount of the financial assurance provided.

ii.  All financial and commercial information used to establish the financial assurance. If the proponent intends to comply with a corporate financial test, the information required by subsection 18 (2) or 19 (2) of this Regulation shall be included.

iii.  In the case of phased financial assurance, a phasing schedule, supported by detailed costing information, that contains,

A.  for each phase,

1.  estimated date ranges for the start and end of the phase,

2.  a list of each mine hazard that will be constructed or materially impacted during the phase and a projected timeframe for the start of such activity, consistent with the proposed schedule for the project,

3.  details of the amount of the expected costs detailed under paragraph 12 that would be specific to the rehabilitation measures required in respect of the listed mine hazards during the phase, itemized for each mine hazard, and

4.  a description of the amount of financial assurance to be provided before the commencement of the phase, and

B.  in the case of a mine production closure plan only,

1.  a list of all pre-existing mine hazards predating the start of the project, and

2.  details of the amount of the expected costs detailed under paragraph 12 that would be specific to the rehabilitation measures required in respect of the listed pre-existing mine hazards, itemized for each mine hazard.

14.  For each intended certified alternative measure,

i.  a description of the measure, and

ii.  details respecting the nature of the measure’s non-conformity with a standard, procedure or requirement of the Code.

Form 1
proponent’s certificate (requirements are met)

I (We) hereby certify that,

(a)  the attached closure plan complies in all respects with the Mining Act and its regulations, including the Mine Rehabilitation Code of Ontario;

(b)  the proponent relied on qualified persons in the preparation of the closure plan, where required under the Mining Act and its regulations, including the Mine Rehabilitation Code of Ontario;

(c)  the cost estimates of the rehabilitation work described in the attached closure plan are based on the market value cost of the goods and services required by the work;

(d)  the amount of financial assurance provided for in the attached closure plan is adequate and sufficient to cover the cost of the rehabilitation work required in order to comply with the Mining Act and its regulations, including the Mine Rehabilitation Code of Ontario;

(e)  (only if a form of phased financial assurance is provided for) the schedule set out for the phased financial assurance provided for in the attached closure plan meets the requirements of section 21 of Ontario Regulation 35/24 (Rehabilitation of Lands) made under the Mining Act;

(f)  the proponent has complied with any written direction regarding Aboriginal consultation provided by the Minister under subsection 9 (3) of Ontario Regulation 35/24 (Rehabilitation of Lands) made under the Mining Act; and

(g)  the attached closure plan constitutes full, true and plain disclosure of the rehabilitation work currently required to,

(i)  restore the site to its former use or condition to the extent required by Ontario Regulation 35/24 (Rehabilitation of Lands) made under the Mining Act, including the Mine Rehabilitation Code of Ontario, or, if applicable,

(ii)  change the use or condition of the site to a different use or condition determined by the Minister for the purposes of clause (b) of the definition of “rehabilitate” in subsection 139 (1) of the Mining Act.

Form 2
proponent’s certificate (requirements are Not met)

I (We) hereby certify that,

(a)  the attached closure plan complies in all respects with the Mining Act and its regulations, including the Mine Rehabilitation Code of Ontario, except to the extent described in the attached conditional filing order;

(b)  the conditional filing order permitting the submission of the closure plan is attached as an appendix, and the proponent has complied with all terms and conditions of the order that are required to be complied with as of the date of this certificate;

(c)  the proponent relied on qualified persons in the preparation of the closure plan, where required under the Mining Act and its regulations, including the Mine Rehabilitation Code of Ontario;

(d)  the cost estimates of the rehabilitation work described in the attached closure plan are based on the market value cost of the goods and services required by the work;

(e)  the amount of financial assurance provided for in the attached closure plan is adequate and sufficient to cover the cost of the rehabilitation work required in order to comply with the Mining Act and its regulations, including the Mine Rehabilitation Code of Ontario;

(f)  (only if a form of phased financial assurance is provided for) the schedule set out for the phased financial assurance provided for in the attached closure plan meets the requirements of section 21 Ontario Regulation 35/24 (Rehabilitation of Lands) made under the Mining Act;

(g)  the proponent has complied with any written direction regarding Aboriginal consultation provided by the Minister under subsection 9 (3) of Ontario Regulation 35/24 (Rehabilitation of Lands) made under the Mining Act; and

(h)  the attached closure plan constitutes full, true and plain disclosure of the rehabilitation work currently required to,

(i)  restore the site to its former use or condition to the extent required by Ontario Regulation 35/24 (Rehabilitation of Lands) made under the Mining Act, including the Mine Rehabilitation Code of Ontario, or

(ii)  change to a different use or condition determined by the Minister for the purposes of clause (b) of the definition of “rehabilitate” in subsection 139 (1) of the Mining Act.

Form 3
Qualified Person certificate (Conforming Measures)

I, (insert full legal name of qualified person), hereby certify that,

(a)  this certificate pertains to Part(s) (specify the Part or Parts) of the Mine Rehabilitation Code of Ontario;

(b)  I (choose one of the following statements),

(i)  am providing this certificate in my capacity as a professional engineer under the Professional Engineers Act,

(ii)  am a member of the Association of Professional Geoscientists of Ontario and am providing this certificate in my capacity as a professional geoscientist,

(iii)  am a member of The Ontario Association of Landscape Architects and am providing this certificate in my capacity as a landscape architect,

(iv)  am a member of the Ontario Institute of Professional Agrologists and am providing this certificate in my capacity as a professional agrologist,

(v)  am not a professional engineer under the Professional Engineers Act or a member of the Association of Professional Geoscientists of Ontario, The Ontario Association of Landscape Architects or the Ontario Institute of Professional Agrologists, but hold a university degree in science or engineering and have, in respect of this certificate’s subject matter, at least five years of relevant experience;

(c)  I am familiar with the provisions of Ontario Regulation 35/24 (Rehabilitation of Lands) made under the Mining Act, including of the Mine Rehabilitation Code of Ontario, that are relevant to the subject matter of this certificate;

(d)  I have examined the closure plan and made such other investigations as I believe to be necessary or desirable to provide this certificate; and

(e)  the rehabilitation measures set out in the closure plan conform to the standards, procedures and requirements of Part(s) (specify the Part or Parts) of the Mine Rehabilitation Code of Ontario.

Form 4
Qualified Person certificate (Non-Conforming Measures)

I, (insert full legal name of qualified person), hereby certify that,

(a)  this certificate pertains to Part(s) (specify the Part or Parts) of the Mine Rehabilitation Code of Ontario;

(b)  I (choose one of the following statements),

(i) am providing this certificate in my capacity as a professional engineer under the Professional Engineers Act,

(ii)  am a member of the Association of Professional Geoscientists of Ontario and am providing this certificate in my capacity as a professional geoscientist,

(iii)  am a member of The Ontario Association of Landscape Architects and am providing this certificate in my capacity as a landscape architect,

(iv)  am a member of the Ontario Institute of Professional Agrologists and am providing this certificate in my capacity as a professional agrologist,

(v)  am not a professional engineer under the Professional Engineers Act or a member of the Association of Professional Geoscientists of Ontario, The Ontario Association of Landscape Architects or the Ontario Institute of Professional Agrologists, but hold a university degree in science or engineering and have, in respect of this certificate’s subject matter, at least five years of relevant experience;

(c)  I have examined the closure plan and made such other investigations as I believe to be necessary or desirable to provide this certificate;

(d)  I am familiar with the provisions of Ontario Regulation 35/24 (Rehabilitation of Lands) made under the Mining Act, including of the Mine Rehabilitation Code of Ontario, that are relevant to the subject matter of this certificate;

(e)  the rehabilitation measures set out in the closure plan conform to the standards, procedures and requirements of Part(s) (specify the Part or Parts) of the Mine Rehabilitation Code of Ontario, except with respect to the following non-conforming rehabilitation measures: (list the measures); and

(f)  each of the non-conforming rehabilitation measures,

(i)  is only non-conforming to the extent permitted in the conditional filing order being submitted with the closure plan, or

(ii)  meets or exceeds the objective specified in the applicable Part(s), and is consistent with one or more of,

(A)  recognized industry standards or best practices,

(B)  sound scientific principles, and

(C)  good engineering practice.

 

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