ontario regulation 222/22
made under the
Mining Act
Made: March 10, 2022
Filed: March 21, 2022
Published on e-Laws: March 21, 2022
Printed in The Ontario Gazette: April 9, 2022
Amending O. Reg. 45/11
(GENERAL)
1. Ontario Regulation 45/11 is amended by adding the following sections:
application for determination under section 139.0.1 of the act
Application for determination
13.1.1 (1) For the purposes of subsection 139.0.1 (3) of the Act, a proponent may apply for a determination by the Director by submitting an application in the approved form.
(2) In an application for a determination submitted under subsection (1), the proponent shall provide the following information about the proposed activity:
1. Whether the proponent is applying for a determination under subsection 139.0.1 (1) or (2) of the Act.
2. The mineral or mineral-bearing substance to be extracted as well as how and where it is to be processed.
3. Details regarding any surface stripping, pitting or trenching to be carried out including the surface area to be stripped and the total volume of any pits or trenches.
4. The location of the proposed activity.
5. A description of all testing proposed to be conducted.
6. A schedule for the activity, including the estimated date of completion.
(3) In addition to providing the information described in subsection (2), the application shall be accompanied by a map, of appropriate scale, that identifies the lands on which the activity is proposed to occur as well as the tenure of the lands, including whether the surface and mining rights for the lands are leased, owned in fee simple or subject to a license of occupation.
Aboriginal consultation
13.1.2 (1) The Director shall provide written direction with respect to consultation with Aboriginal communities after the Director receives an application from a proponent under section 13.1.1 and the direction 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 prepare a proposed plan for consultation with Aboriginal communities for review by the Director.
2. Establish a schedule for making interim reports to the Director.
3. Direct that the proponent do such other things by way of consultation with Aboriginal communities as the Director considers, in his or her sole discretion, appropriate in the circumstances.
(2) A proponent 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 Director; and
(b) any direction provided by the Director with respect to consultation with Aboriginal communities.
(3) Proponents may before submitting an application under section 13.1.1 consult with Aboriginal communities and, where they do so, they shall first request that the Director identify Aboriginal communities to be notified of their proposed activity.
(4) Proponents who have consulted with Aboriginal communities before submitting their application shall include with the application submitted to the Director a consultation report in the approved form detailing how comments from Aboriginal communities, if any, have been considered.
(5) Where a proponent is required to provide interim reports to the Director, the proponent shall provide the reports in the approved form, unless directed otherwise by the Director.
(6) The Director 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 proposed plan for consultation as the Director, in his or her sole discretion, considers appropriate in the circumstances.
(7) Where a proponent has conducted consultation, the Director may require that the proponent submit a consultation report in the approved form at any time before approving the application.
Information report
13.1.3 For the purposes of clause 139.0.1 (6) (b) of the Act, a proponent in respect of whom a deeming under subsection 139.0.1 (1) or (2) of the Act applies shall, by the date specified by the Director, submit a report to the Director, in the approved form, containing the following information:
1. The amount of the proceeds from the sale of the extracted mineral or mineral-bearing substance, together with receipts.
2. The total cost of the activity, including all related costs to the proponent referred to in clause 139.0.1 (6) (a) of the Act, together with receipts.
Commencement
2. This Regulation comes into force on the later of the day section 5 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force and the day this Regulation is filed.