Notice of extension of declaration order

Proponent: Ministry of Northern Development and Mines

The Declaration Order for the disposition of certain or all rights to Crown resources was approved on the 11th day of June 2003, by Order-in-Council number 1266/03. Condition 17 of this approval provides that the Declaration Order shall expire on June 11, 2004 or may be extended to such later date as is determined by the Minister of the Environment and published in the Ontario Gazette.

Take notice that the above Declaration Order has been extended to provide time for the Ministry of Northern Development and Mines to obtain long-term approval under the Environmental Assessment Act for the disposition of certain or all rights to Crown resources. The Declaration Order will now expire on December 31, 2012, subject to the conditions below.

As the Ministry of Northern Development and Mines has not yet finalized a Memorandum of Understanding with the Ministry of Culture, Condition 14, in effect, now reads:

  1. By December 31, 2009, the Ministry of Northern Development and Mines shall develop, with the Ministry of Culture, a Memorandum of Understanding to address the mitigation of impacts to cultural heritage resources.

As the Ministry of Northern Development and Mines has been advised that no further extensions to this Declaration Order will be considered, Condition 17, in effect, now reads:

  1. This Order shall expire on December 31, 2012 or upon approval of a Class Environmental Assessment for activities including those subject to this Declaration Order, whichever is earlier

As the Ministry of Northern Development and Mines is continuing to work towards the development of a Class Environmental Assessment, Condition 18, in effect, now reads:

  1. Within 90 days of completion of the Mining Act modernization process, the Ministry of Northern Development and Mines shall submit a revised Strategy for Environmental Assessment Coverage (Strategy) that includes all of the Ministry of Northern Development and Mines' activities that are subject to the Environmental Assessment Act. For the purposes of this Condition, the Mining Act modernization process is complete on the date on which there exists sufficient information to determine the Ministry of Northern Development and Mines' Environmental Assessment Act coverage requirements.

    The revised Strategy shall include a time table that is acceptable to the Director of the Environmental Assessment and Approvals Branch and shall outline key deliverables and associated timelines to permit a Class Environmental Assessment for the Ministry of Northern Development and Mines activities which are subject to the Environmental Assessment Act to be approved prior to the expiry of this Declaration Order as outlined in Condition 17.

    The Ministry of Northern Development and Mines shall report every six months to the Director of the Environmental Assessment and Approvals Branch, in writing, on its progress with respect to implementation of the revised Strategy, commencing six months from the date upon which the revised Strategy is submitted to the Director of the Environmental Assessment and Approvals Branch for approval. The Ministry of Northern Development and Mines shall continue to submit the reports every six months until it has submitted its final Class Environmental Assessment for approval.

    Where the Ministry of Northern Development and Mines has not fulfilled a deliverable outlined in its revised Strategy by the date specified in the timeline, the Ministry of Northern Development and Mines shall notify the Director of the Environmental Assessment and Approvals Branch immediately, providing rationale for the delay and outlining the steps to be taken to permit the Class EA to be approved prior to expiry of this Declaration Order.

Dated the 4th day of June, 2009 at Toronto.

Original signed by:
Minister of the Environment
135 St. Clair Avenue West, 12th floor
Toronto, Ontario
M4V 1P5