Order in Council 1253/2025

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas subsection 91(1) of the Mining Act, R.S.O. 1990, Chapter M.14, provides that all lands, claims or mining rights patented, leased or otherwise disposed of under the Mining Act or any other Act or by any authority whatsoever, are subject to the condition that all ores or minerals raised or removed therefrom shall be treated and refined in Canada so as to yield refined metal or other product suitable for direct use in the arts without further treatment;

And whereas under subsection 91(3) of the said Act the Lieutenant Governor in Council may exempt any lands, claims or mining rights from the operation of the said subsection 91(1) for such period of time as seems proper;

And whereas the applicant, Vale Canada Limited (“Vale”), operates mines in the Province of Ontario from which are produced minerals used in the production of semi- refined precious metals and semi-refined nickel product, which require final processing outside of Canada;

And whereas by-products, residues and similar process derivatives may result from the processing of these minerals in Ontario, for which further treatment and refining is required outside of Canada;

And whereas Vale obtained an exemption under subsection 91(3) in Order in Council O.C. 1361/2020 dated October 1, 2020, and expiring September 30, 2025, exempting certain lands, claims or mining rights described in a Schedule attached thereto from the operation of subsection 91(1) of the Mining Act, R.S.O. 1990, Chapter M.14;

And whereas Vale represents that it remains unable to perform final processing, treatment, or refining of these materials in Canada, and accordingly seeks to export materials for processing at Vale’s own refinery facilities outside of Canada, and seeks to sell certain of the materials to third parties in Asia, Europe, and the United States;

And whereas the existing exemption, under Order in Council O.C. 1361/2020, expires September 30, 2025 and Vale is seeking a further exemption;

And whereas it is considered advisable to approve an exemption for five years for those mining lands described in Schedule “A”;

Therefore pursuant to subsection 91(3) of the Mining Act, R.S.O. 1990, Chapter M.14 the lands, claims or mining rights described in Schedule "A" attached hereto are hereby exempted from the operation of subsection 91(1) of the Mining Act from October 1, 2025 to September 30, 2030.

Schedule A