O. Reg. 114/91: MINE DEVELOPMENT AND CLOSURE UNDER PART VII OF THE ACT

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Mining Act

ONTARIO REGULATION 114/91

Amended to O. Reg. 240/00

MINE DEVELOPMENT AND CLOSURE UNDER PART VII OF THE ACT

Note: This Regulation was revoked on April 25, 2000. See: O. Reg. 240/00, s. 28.

This is the English version of a bilingual regulation.

Definitions

1.In this Regulation,

“crown pillar” means a rock mass of variable geometry that is situated above the uppermost underground workings of a mine and that serves to ensure permanently or temporarily the stability of surface elements and underground workings; (“stot”)

“milling” means the treatment of a mineral-bearing substance for the recovery of metals or the concentration of minerals. (“broyage”) O. Reg. 114/91, s. 1.

2.(1)In this section,

“material” means rock, ore or any other substance excavated for the purpose of testing, mining or deposit evaluation, but does not include excavated overburden; (“matières”)

“surface stripping” means the removal of overburden to expose bedrock. (“découverture”) O. Reg. 114/91, s. 2 (1).

(2)For the purposes of this Regulation and Part VII of the Act, “advanced exploration” includes the following types of work:

1. Exploration carried out underground involving the construction or reconstruction of mine workings.

2. Extraction of material in excess of 500 tonnes.

3. Surface stripping on any mining lands, other than unpatented mining claims, of an area in excess of 10,000 square metres or displacement of material in excess of 10,000 cubic metres.

4. Surface stripping on any mining lands, other than unpatented mining claims, of an area in excess of 2,500 square metres or displacement of material in excess of 2,500 cubic metres, if any of the activity occurs less than 100 metres from a body of water. O. Reg. 114/91, s. 2 (2).

Notice of Advanced Exploration or Mine Production

3.A notice of advanced exploration under subsection 141 (1) of the Act shall be signed by the proponent or an agent of the proponent and shall be submitted at least thirty days before the proposed date of commencement or recommencement of advanced exploration. O. Reg. 114/91, s. 3.

4.A notice of mine production under subsection 142 (1) of the Act shall be signed by the proponent or an agent of the proponent. O. Reg. 114/91, s. 4.

5.If any portion of the work being carried out on a project deviates by more than twelve months from the dates specified in the project schedule submitted with a notice under subsection 141 (1) or 142 (1) of the Act, the proponent shall submit a new notice to the Director. O. Reg. 114/91, s. 5.

Public Notice

6.(1)Public notice under subsection 141 (1) or 142 (1) of the Act shall be given,

(a) by publishing a notice in a newspaper having general circulation in the area in which the project is located; and

(b) by holding a public information session in the area in which the project is located, unless a session has been previously held for the project within six months of the proposed date of commencement or recommencement of advanced exploration or mine production. O. Reg. 114/91, s. 6 (1).

(2)The newspaper notice shall be published at least thirty days before the proposed date of commencement or recommencement of advanced exploration or mine production. O. Reg. 114/91, s. 6 (2).

(3)The newspaper notice shall include the following:

1. The name and address of the proponent.

2. The name of the project.

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

4. A description of the location of the project site and a map showing the location.

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 date of commencement or recommencement of advanced exploration or mine production.

7. The time and location of the public information session for the project. O. Reg. 114/91, s. 6 (3).

(4)The public information session shall be held,

(a) at least seven days after the date of publication of the newspaper notice; and

(b) at least twenty days before the proposed date of commencement or recommencement of advanced exploration or mine production. O. Reg. 114/91, s. 6 (4).

Closure Plan

7.(1)A closure plan under Part VII of the Act shall be signed by the proponent or an agent of the proponent. O. Reg. 114/91, s. 7 (1).

(2)The proponent shall submit eleven copies of the closure plan document to the Director. O. Reg. 114/91, s. 7 (2).

(3)The closure plan shall set out the following:

1. The name and address of the proponent.

2. The location and address of the project site.

3. The name of the project.

4. The name and address of the person authorized to act on behalf of the proponent for purposes of obtaining the Director’s acceptance of the closure plan.

5. The nature of the proponent’s mining and surface rights in the land on the project site. O. Reg. 114/91, s. 7 (3).

8.(1)The closure plan shall include the following information with respect to the project site and areas to be affected by the project:

1. The current conditions and uses of the site and areas.

2. The expected conditions and uses of the site and areas after the project has been closed out and all rehabilitation measures have been completed. O. Reg. 114/91, s. 8 (1).

(2)The information provided under subsection (1) shall include details of at least the following matters:

1. Climate and local air quality.

2. Mineralogy.

3. Topography.

4. Hydrology, including water quality.

5. Soils.

6. Plant and animal life.

7. Previous activity that may have resulted in contamination of the site. O. Reg. 114/91, s. 8 (2).

9.(1)The closure plan shall include details of the nature, extent and timing of the project and related work. O. Reg. 114/91, s. 9 (1).

(2)The information provided under subsection (1) shall include details of at least the following matters:

1. The history of the project site.

2. The mineralogy of ore and host rock.

3. The expected mine life.

4. Mining and milling processes.

5. Expected rates of mining and milling production.

6. The nature, location and expected size of all tailings impoundment areas and all piles of ore, concentrate, rock, overburden and waste.

7. The nature and location of all structures, facilities and infrastructures.

8. The nature and location of all mine openings to surface.

9. The nature and location of all waste treatment systems.

10. The storage of all petroleum products, chemicals, hazardous substances and toxic substances. O. Reg. 114/91, s. 9 (2).

(3)The closure plan shall include a schedule of any development work and mining work that may cause surface disturbances or hazards. O. Reg. 114/91, s. 9 (3).

10.(1)The closure plan shall include details of specific rehabilitation measures to be carried out progressively and at each stage of closure for each site or part of a site in order to attain the conditions and uses referred to in paragraph 2 of subsection 8 (1). O. Reg. 114/91, s. 10 (1).

(2)The information provided under subsection (1) shall include details of at least the following matters:

1. Security of the project site.

2. Mine openings to surface.

3. Crown pillars.

4. Structures, facilities and infrastructures.

5. Machinery and equipment.

6. Ore, concentrate, waste, rock and overburden piles.

7. Tailings impoundment areas, including associated structures and treatment systems.

8. Other waste disposal or management sites, including associated structures and treatment systems.

9. Storage of petroleum products, chemicals, hazardous substances and toxic substances.

10. Dams and other drainage control structures. O. Reg. 114/91, s. 10 (2).

(3)The closure plan shall include a schedule of rehabilitation work. O. Reg. 114/91, s. 10 (3).

(4)The closure plan shall include details of alternative rehabilitation measures that have been considered. O. Reg. 114/91, s. 10 (4).

11.(1)The closure plan shall include details of the monitoring program to be carried out during and following each stage of closure, including,

(a) the nature, frequency and duration of the monitoring program; and

(b) the procedures for verifying the attainment of the conditions and uses referred to in paragraph 2 of subsection 8 (1). O. Reg. 114/91, s. 11 (1).

(2)The closure plan shall include details of the long term site management program that will be implemented if the proposed rehabilitation work does not attain the conditions and uses referred to in paragraph 2 of subsection 8 (1). O. Reg. 114/91, s. 11 (2).

12.(1)The closure plan shall include details of the expected costs of carrying out the proposed rehabilitation measures, monitoring program and long term site management program. O. Reg. 114/91, s. 12 (1).

(2)The information provided under this section shall include at least an expenditure schedule and an estimate of expected capital costs and operating costs. O. Reg. 114/91, s. 12 (2).

(3)The information provided under this section shall be certified by the project geologist, a professional engineer or a public accountant. O. Reg. 114/91, s. 12 (3).

13.The closure plan shall specify the form and amount of the financial assurances to be provided by the proponent in respect of the project. O. Reg. 114/91, s. 13.

14.The closure plan shall include an assessment of the effect of all mine openings on the stability of the surface areas above and adjacent to mining activity in order to determine whether the surface areas have been or are likely to be disturbed. O. Reg. 114/91, s. 14.

15.(1)The closure plan shall include the plans referred to in sections 16 and 17 but copies of the plans are not required to be submitted to the Director except as provided in subsections (4) and (5). O. Reg. 114/91, s. 15 (1).

(2)The proponent shall semi-annually review and revise the plans and shall make copies of them available for inspection at the project site or another location approved by the Director. O. Reg. 114/91, s. 15 (2).

(3)Copies of the plans shall be prepared at a legible scale and shall be digitized or microfilmed or suitable for being digitized or microfilmed. O. Reg. 114/91, s. 15 (3).

(4)The proponent shall promptly submit copies of the plans to the Director if the Director so requests. O. Reg. 114/91, s. 15 (4).

(5)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 closure and submit copies of the plans to the Director. O. Reg. 114/91, s. 15 (5).

16. The proponent of the project to which the closure plan relates shall prepare,

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

(b) 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; and

(c) a plan showing,

(i) the position of all fixed electrical apparatus and communication systems,

(ii) the routes of all fixed power feeders and fixed branch feeders, and

(iii) the ratings of all electrical feeder control apparatus and equipment. O. Reg. 114/91, s. 16.

17.(1)The proponent of the project to which the closure plan relates shall prepare a surface plan showing the following:

1. The boundaries of the project site.

2. The co-ordinates of the portion of the project site on which mining has been carried out.

3. All bodies of water, roads, railways, power transmission lines, main pipelines, buildings, adits, surface workings, diamond drill holes, outcroppings of rock, dumps, tailing disposal sites, impoundment structures and mine openings to surface.

4. All stoppings of mine openings to surface.

5. The location of all crown pillars in relation to survey points on the surface. O. Reg. 114/91, s. 17 (1).

(2)The surface plan shall show the boundaries of the project site,

(a) if the site is in a subdivided township, in relation to the lot fabric;

(b) if the site is in an unsubdivided township, in relation to the nearest mile post on a surveyed township boundary; or

(c) if the site is in unsurveyed territory, in relation to the nearest mile post on a surveyed township boundary or the nearest base line or meridian line. O. Reg. 114/91, s. 17 (2).

(3)The surface plan shall show the boundaries of the project site in relation to a co-ordinate control survey monument, if one exists within ten kilometres of the site. O. Reg. 114/91, s. 17 (3).

(4)The measurements for boundaries referred to in subsection (2) or (3) shall be consistent with the accuracy standards for third order horizontal control surveys based on Ontario Specifications for Horizontal Control Surveys, 1979. O. Reg. 114/91, s. 17 (4).

(5)The surface plan shall show the position and form of a permanent bench mark to which all elevations are related, and the permanent bench mark shall be related to,

(a) the permanent bench mark of each property adjoining the project site; and

(b) a Canadian Geodetic Datum bench mark, if one exists within ten kilometres of the project site. O. Reg. 114/91, s. 17 (5).

Annual Report

18.(1)The annual report under subsection 144 (3) of the Act shall contain the following information:

1. The name and address of the proponent.

2. The name of the project.

3. The name and address of the senior operating manager.

4. The name, address and telephone number of the authorized contact person.

5. The nature and extent of rehabilitation work carried out over the past year.

6. The nature and extent of rehabilitation work to be carried out during the next year.

7. Any changes in conditions of the project that may affect the closure plan for the project during the next three years.

8. The results of all monitoring described in the closure plan.

9. Any changes in conditions that may affect the rehabilitation of an advanced exploration project that is not subject to a closure plan. O. Reg. 114/91, s. 18 (1).

(2)The annual report shall include an assessment of the effect of all mine openings on the stability of the surface areas above and adjacent to mining activity in order to determine whether the surface areas have been or are likely to be disturbed. O. Reg. 114/91, s. 18 (2).

Notice of Producing or Temporarily Suspended Mine

19.(1)A notice of a producing or temporarily suspended mine under subsection 147 (1) of the Act shall be signed by the proponent or an agent of the proponent and shall contain the following information:

1. The name and address of the proponent.

2. The name of the mine.

3. The name and address of the senior operating manager.

4. The name, address and telephone number of the authorized contact person for the mine and for each operation, site and sub-site.

5. A description of the location and boundaries of the mine and a map showing the location and boundaries.

6. The nature of the proponent’s mining and surface rights in the land on the project site.

7. Any anticipated closure events.

8. A list of all relevant government certificates, orders, permits and approvals that relate to closure of the mine and that are currently in effect or applied for, by type, number and date of issue or application, as applicable. O. Reg. 114/91, s. 19 (1).

(2)The notice shall contain a description of the nature and status of the project, including the following information:

1. Minerals produced.

2. Mining and milling operations, processes and rates of production.

3. The expected mine life.

4. The number of workers.

5. Operating schedules. O. Reg. 114/91, s. 19 (2).

Notice of Declaration of Abandonment

20.A notice of declaration of abandonment under section 148 or 149 of the Act shall be sent by registered mail to the proponent at the proponent’s last known address at least thirty days before,

(a) an agent of the Crown enters onto the site to implement rehabilitative measures; or

(b) the Lieutenant Governor in Council declares the proponent’s lease to be void. O. Reg. 114/91, s. 20.

Rehabilitation Standards

21.(1)Before a project is placed in a state of temporary suspension, the proponent shall take all reasonable measures to prevent personal injury or property damage that is reasonably foreseeable as a result of the project being in a state of temporary suspension. O. Reg. 114/91, s. 21 (1).

(2)The following are the minimum rehabilitative measures that shall be taken by the proponent:

1. All mine openings that are potentially dangerous shall be protected against inadvertent access.

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

3. All mechanical and hydraulic systems shall be left in a no-load condition.

4. All waste management systems shall be maintained as required by the closure plan.

5. All monitoring programs shall be continued as required by the closure plan.

6. All contaminated effluents shall be controlled as required by the closure plan.

7. All petroleum products, chemicals and waste other than tailings and rock shall be made secure.

8. All tailings and water impoundment structures and all rock piles, overburden piles and stockpiles shall be left in a stable and safe condition. O. Reg. 114/91, s. 21 (2).

22.(1)Before a project is placed in a state of inactivity, the proponent shall take all reasonable measures to prevent personal injury or property damage that is reasonably foreseeable as a result of the project being in a state of inactivity. O. Reg. 114/91, s. 22 (1).

(2)The following are the minimum rehabilitative measures that shall be taken by the proponent:

1. All shafts, raises and stopes open to surface shall be stopped with a reinforced concrete cap anchored to bedrock and capable of supporting a uniformly-distributed load of twelve kilopascals and a concentrated load of fifty-four kilonewtons and shall be supplied with a vent capable of preventing accumulations of gas beneath the cap.

2. All portals of adits and declines shall be sealed in a manner to prevent unauthorized or inadvertent access.

3. All mine openings to surface that create a hazard greater than the hazards associated with the natural topographic features of the area shall be stabilized and secured against inadvertent access.

4. All surface areas disturbed or likely to be disturbed by mining shall be stabilized or protected against inadvertent access if such disturbance is likely to endanger the public or property.

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

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

7. All tailings impoundment areas, landfill sites and other waste management sites and systems shall be monitored, maintained or decommissioned as required by the closure plan.

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

9. All tailings and water impoundment structures and all rock piles, overburden piles and stockpiles shall be left in a stable and safe condition. O. Reg. 114/91, s. 22 (2).

(3)The proponent shall inspect the site at least once every six months to ensure that all required rehabilitative measures are in place. O. Reg. 114/91, s. 22 (3).

(4)The proponent shall take all necessary steps to maintain the required rehabilitative measures. O. Reg. 114/91, s. 22 (4).

23.(1)Before a project is closed out, the proponent shall take all reasonable measures to prevent personal injury or property damage that is reasonably foreseeable as a result of the project being closed out. O. Reg. 114/91, s. 23 (1).

(2)The following are the minimum rehabilitative measures that shall be taken by the proponent:

1. All shafts, raises and stopes open to surface shall be stopped with a reinforced concrete cap anchored to bedrock and capable of supporting a uniformly distributed load of twelve kilopascals and a concentrated load of fifty-four kilonewtons, and shall be supplied with a vent capable of preventing an accumulation of gas beneath the cap.

2. All portals of adits and declines shall be sealed off in a manner to prevent unauthorized or inadvertent access.

3. All mine openings to surface that create a hazard greater than the hazards associated with the natural topographic features of the area shall be stabilized and secured against inadvertent access.

4. All surface areas disturbed or likely to be disturbed by mining shall be stabilized or protected against inadvertent access if such disturbance is likely to endanger the public or property.

5. All buildings, power transmission lines, pipelines, railways, airstrips and other structures shall be dismantled and removed from the site or otherwise disposed of.

6. All machinery, equipment and storage tanks shall be removed from the site or otherwise disposed of.

7. All transportation corridors shall be closed off and re-vegetated.

8. All concrete structures, foundations and slabs shall be removed or covered by overburden and re-vegetated.

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

10. All landfill sites and other waste management sites shall be rehabilitated.

11. If petroleum products, chemicals or waste have been stored or transferred during the life of the operation, the soils in the immediate vicinity of the storage sites shall be tested and any contaminated soils shall be controlled or disposed of.

12. All tailings impoundment areas, rock piles, overburden piles and stockpiles shall be rehabilitated or treated to ensure stability, erosion control and effluent quality.

13. All tailings, water and other control structures shall be either breached or made stable against any static and dynamic loading to which they may be subjected.

14. All watercourses on the site shall be either restored to their original courses or directed to new courses that will sustain themselves in the future without maintenance and that are consistent with the intended future use of the land.

15. All disturbed sites shall, to the extent practicable, be re-vegetated. O. Reg. 114/91, s. 23 (2).

24.A proponent is not required to carry out a specific rehabilitative measure referred to in subsection 21 (2), 22 (2) or 23 (2) in circumstances where,

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

(b) the measure would adversely affect the environment; or

(c) the measure is inconsistent with a land use control set out in a municipal by-law made under Part V of the Planning Act, or an order of the Minister of Municipal Affairs made under Part V of the Planning Act. O. Reg. 114/91, s. 24.

25.(1)The proponent of a project shall have a professional engineer conduct an evaluation to assess the long-term stability of the work described in paragraphs 1, 3, 4 and 9 of subsection 22 (2) and paragraphs 1, 3, 4, 12 and 14 of subsection 23 (2). O. Reg. 114/91, s. 25 (1).

(2)The proponent shall submit to the Director a copy of a report on the evaluation prepared by the engineer who conducted it. O. Reg. 114/91, s. 25 (2).

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