ontario regulation 463/24

made under the

Mining Act

Made: November 7, 2024
Filed: November 21, 2024
Published on e-Laws: November 21, 2024
Published in The Ontario Gazette: December 7, 2024

Recovery of minerals

Excluded lands

1. The following are prescribed lands or classes of lands for the purposes of clause 152.2 (1) (a) of the Act:

1. Lands withdrawn under subsection 35 (1) of the Act.

Application for recovery permit

2. (1) A person applying for a recovery permit under subsection 152.1 (1) of the Act shall submit an application to the Minister in the approved form.

(2) For the purposes of clause 152.1 (3) (a) of the Act, a recovery and remediation plan shall be in a form acceptable to the Minister.

(3) The following documents are prescribed for the purposes of clause 152.1 (3) (c) of the Act:

1. The written consent to the recovery and remediation of every recorded holder of the mining claims that is not the applicant, if one or more unpatented mining claims have been registered on the land on which the tailings or other waste materials are located.

Application for renewal or amendment of recovery permit

3. A person applying for renewal or amendment of a recovery permit under subsection 152.1 (8) of the Act shall submit an application to the Minister in the approved form.

Aboriginal consultation

4. (1) The Minister shall provide written direction with respect to consultation with Aboriginal communities after the Minister receives an application under subsection 152.1 (1) or (8) of the Act 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 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 applicant do such other things by way of consultation with Aboriginal communities as the Minister considers, in their sole discretion, appropriate in the circumstances.

(2) An 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.

(3) Applicants may, before submitting an application under subsection 152.1 (1) or (8) of the Act, 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.

(4) Applicants who have consulted with Aboriginal communities before submitting an application under subsection 152.1 (1) or (8) of the Act shall include with the application submitted to the Minister a consultation report in the approved form detailing how comments from Aboriginal communities, if any, have been considered.

(5) Where an applicant is required to provide interim reports to the Minister, the applicant shall provide the reports in the approved form, unless directed otherwise by the Minister.

(6) 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 an applicant’s proposed plan for consultation as the Minister, in their sole discretion, considers appropriate in the circumstances.

(7) 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.

Commencement

5. This Regulation comes into force on the later of the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force and the day this Regulation is filed.