Order in Council 862/2026

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

And whereas FNX operates mines on the 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 obtained an exemption under subsection 91(3) in Order in Council O.C. 697/2021 dated June 3, 2021, and expiring June 2, 2026, which exempted 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 FNX represents that it 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 the exemption, under Order in Council O.C. 697/2021, expired June 2, 2026, and FNX is seeking a further exemption;

And whereas it is considered advisable to approve an exemption for three 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 June 4, 2026 to June 3, 2029.