Order in Council 697/2021

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 this 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, FNX Mining Company Inc. (“FNX”) holds mining lands as described in Schedule “A” located in the Sudbury area;

And whereas FNX operates mines on the said mining lands, from which various metal ores are initially processed in Ontario but require final processing at offshore refineries because there are not adequate facilities in Canada to fully process them;

And whereas FNX was granted an exemption under Order in Council O.C. 1003/2016 approved and ordered June 22, 2016, which referred to its ore being processed initially in Ontario with final refining offshore, at the facilities of a specific company;

And whereas Order in Council O.C. 1003/2016 was amended by Order in Council O.C. 142/2018 to better reflect the way the ores were processed, and it was considered advisable to do so;

And whereas Order in Council O.C. 142/2018 expires on June 21, 2021;

And whereas FNX continues to operate mines in the Sudbury area, producing a variety of metal ores, which are initially processed in Ontario but require final processing at offshore refineries because there are not adequate facilities in Canada to fully process them;

And whereas it is considered advisable for the exemption to continue beyond June 21, 2021;

Therefore pursuant to subsection 91(3) of the Mining Act, R.S.O. 1990, c. 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 for a period of five years effective as of the date this Order in Council is approved and ordered, and Order in Council O.C. 142/2018 is revoked as of the same date.

Schedule A