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O. Reg. 851/21: GENERAL

filed December 13, 2021 under Mining Act, R.S.O. 1990, c. M.14

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ontario regulation 851/21

made under the

Mining Act

Made: December 9, 2021
Filed: December 13, 2021
Published on e-Laws: December 14, 2021
Printed in The Ontario Gazette: January 1, 2022

Amending O. Reg. 45/11

(GENERAL)

1. Sections 7 to 9 of Ontario Regulation 45/11 and the heading immediately before section 7 are revoked and the following substituted:

Registries

Information about claim holders, licence holders

7. (1) For the purposes of clause 7 (1) (c) of the Act, the mining claims registry shall include the following information about each claim holder:

1.  Name.

2.  Mailing address.

3.  Other contact information provided for business purposes, including the following:

i.  Email address.

ii.  Telephone number.

4.  Client number issued by the Ministry.

(2) For the purposes of clause 7.1 (1) (c) of the Act, the licence of occupation registry shall include the following information about each licence holder:

1.  Name.

2.  Mailing address.

3.  Other contact information provided for business purposes, including the following:

i.  Email address.

ii.  Telephone number.

4.  Client number issued by the Ministry.

Access to non-electronic documents

8. (1) For the purposes of subsection 7.2 (5) of the Act, if the Minister has directed under subsection 7.2 (2) of the Act that certain instruments or documents be maintained as part of a registry in a non-electronic form, those instruments or documents shall be made available to the public at the Provincial Recording Office during normal business hours.

(2) Public access to a document or instrument mentioned in subsection (1) may be limited by the Provincial Recording Office to the extent that is necessary in order to protect the document or instrument due to its condition or format, including requiring the document or instrument to be handled in a particular manner, permitting access to copies instead of originals or requiring that a request be made in advance to allow for preparation of the document or instrument.

Deletion, correction and amendment of registry

9. (1) For the purposes of clause 8 (1) (a) of the Act, a recorder may delete, correct or amend entries in a registry, including entries on abstracts for mining claims and licences of occupation, if the recorder has discovered or has been provided with documents or information, which in the recorder’s opinion indicate that the registry is not accurate or up to date.

(2) The extent of the deletion, correction or amendment shall not exceed what is necessary to make the registry accurate and up to date and may include correcting typographical, data entry and administrative errors and deleting entries that are obsolete.

2. (1) Section 9.1 of the Regulation is amended by striking out “9.9” in the portion before the definition of “applicant” and substituting “9.8”.

(2) The definition of “permission holder” in section 9.1 of the Regulation is amended by striking out “and includes an applicant who, in addition to a bulk sample permission, has been granted a disposition permission” at the end.

3. (1) The English version of subsection 9.3 (2) of the Regulation is amended by striking out “products” and substituting “product”.

(2) Section 9.3 of the Regulation is amended by adding the following subsection:

(3) Subsection (2) does not apply with respect to sale or disposition in accordance with section 9.3.1.

4. The Regulation is amended by adding the following section:

Disposition not requiring permission

9.3.1 (1) For the purposes of subsection 52 (5) of the Act, the end product of mining, milling and refining of a mineral bearing substance permitted under a bulk sample permission may be sold or disposed of in accordance with this section if,

(a)  an applicant indicates in the application for the bulk sample permission that the applicant intends to sell or dispose of the end product in accordance with this section; or

(b)  a permission holder gives notice to the Minister in the approved form that the permission holder intends to sell or dispose of the end product in accordance with this section.

(2) Clause (1) (b) does not apply to a permission holder who also holds a disposition permission.

(3) The permission holder shall pay to the Crown any proceeds of the sale or disposition that exceed the costs to the permission holder of excavating, processing, transporting, testing and evaluating the bulk sample and of any required rehabilitation resulting from any of these activities.

5. (1) Paragraph 2 of subsection 9.6 (3) of the Regulation is revoked and the following substituted:

2.  The total cost of the bulk sampling project, including the costs of excavating, processing, transporting, testing and evaluating the bulk sample and of any required rehabilitation resulting from any of these activities.

(2) Section 9.6 of the Regulation is amended by adding the following subsection:

(4) A permission holder to whom subsection 9.3.1 (3) applies shall include the following additional information and documents in the certified report:

1.  The information specified in paragraphs 1 and 2 of subsection (3) of this section.

2.  A copy of every receipt and invoice documenting the costs incurred and paid by the permission holder for excavating, processing, transporting, testing and evaluating the bulk sample or for any required rehabilitation resulting from any of these activities.

3.  A summary of the receipts and invoices referred to in paragraph 2 that details, in table format, the specific amount of each cost being reported.

6. Subsection 9.8 (1) of the Regulation is revoked.

7. Section 9.9 of the Regulation is revoked.

Commencement

8. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 1, subsections 2 (1) and 3 (2) and sections 4 and 5 come into force on the later of the day section 3 of Schedule 14 to the Supporting Recovery and Competitiveness Act, 2021 comes into force and the day this Regulation is filed.

 

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