Order in Council 1578/2022

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 Marathon PGM Inc. proposes to construct, operate and decommission an open-pit platinum group metals and copper mine and milling operation approximately 10 kilometres north of the Town of Marathon, Ontario (the “Project”), which is subject to provincial and federal environmental assessment legislation; and

Whereas under section 3.1 of the Environmental Assessment Act (the “Act”), the Minister of the Environment made an order dated August 8, 2011 varying and dispensing with certain requirements of the Act with respect to the Project for the purpose of harmonizing the requirements of the Act with the requirements of federal legislation, said order having been amended in 2022 (collectively the “Harmonization Order”); and

Whereas a joint review panel was established to assess the environmental impacts of the Project and to prepare and submit a report (the “Joint Review Panel Report”) to the Minister of the Environment, Conservation and Parks (the “Ontario Minister”) and the federal Minister of Environment and Climate Change, said report having been submitted on August 2, 2022; and

Whereas pursuant to section 9 of the Act and the Harmonization Order, the Ontario Minister, with the approval of the Lieutenant Governor in Council, may give approval to proceed with the Project in accordance with the Joint Review Panel Report, give approval to proceed with the Project subject to such conditions as the Ontario Minister considers necessary or refuse to give approval to proceed with the Project; and

Whereas the undersigned Ontario Minister, having considered the purpose of the Act, the Joint Review Panel Report and such other matters as he considers necessary, is of the opinion that the Project should be given approval to proceed, subject to the conditions specified in the attached approval;

Therefore, pursuant to section 9 of the Act and the Harmonization Order, approval to proceed with the Project is given in the form attached, subject to the conditions specified therein.

Notice of Approval