Mining: One Project, One Process framework

Information Sharing and Disclosure

The proponent is responsible for obtaining all necessary permits, authorizations and approvals for a designated project. Please note that this document is intended to provide detailed information and guidance about the One Project, One Process (1P1P) framework and should not be construed as providing readers with technical or legal advice or interpretation of legislation or regulations. The ministry encourages proponents to seek independent legal advice, and the services of qualified professionals where needed.

Subject to certain exceptions, the public has the right of access to records in the custody or control of the Government of Ontario under the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31 (FIPPA). Information submitted to the Government of Ontario is considered business and project information and may be disclosed if required under FIPPA, by court order or in the course of legal proceedings. Participating ministries may share this information with other provincial ministries and agencies involved in 1P1P.

Introduction

Mining projects in Ontario are regulated by multiple provincial ministries, each responsible for distinct permits, authorizations and approvals. The One Project, One Process (“1P1P”) framework, established under section 153.0.1 of the Mining Act, provides an integrated approach to the permitting, authorization and approval processes for projects designated by the Minister of Energy and Mines (the “Minister”).

Under 1P1P, a Mine Authorization and Permitting Delivery Team (“MAPDT”) will provide dedicated project management support to coordinate Indigenous consultation and align the steps in the application, review and decision-making processes for obtaining the permits, authorizations and approvals required for a designated project.

The 1P1P framework is designed to coordinate provincial permitting, authorizations and approvals processes, reduce duplication, improve predictability for proponents, and provide a clear, transparent, and dynamic pathway for advancing designated projects.

Ontario is committed to fulfilling its duty to consult Indigenous communities where it arises. The Crown has a constitutional duty to consult and, where appropriate, accommodate Indigenous communities when it has knowledge of Aboriginal and/or treaty rights protected under section 35(1) of the Constitution Act, 1982, and contemplates conduct that has the potential to adversely affect those rights. The 1P1P approach is intended to reduce the burden consultation activities can place on Indigenous communities by coordinating consultation efforts at the project level rather than on a permit-by-permit basis.

This guidance outlines how the 1P1P framework operates, the process for designating projects, the steps following project designation, and the respective roles and responsibilities of participating ministries and project proponents.

Objectives

The 1P1P framework seeks to:

• Achieve a 50 per cent reduction in government review timelines;
• Enhance clarity and predictability for proponents navigating permitting, authorization and approval processes, as well as Indigenous consultation;
• Support a whole-of-project consultation approach with Indigenous communities, helping to reduce the burden consultation activities can place on Indigenous communities through coordinated consultation across required permits, authorizations and approvals;
• Reduce duplication and delays in permitting, authorization and approval processes;
• Facilitate timely and consistent decision-making for permits, authorizations and approvals associated with designated projects; and
• Strengthen collaboration among provincial ministries and agencies with permitting, authorization and approval responsibilities for designated projects.

Participating Ministries

Participating Ontario ministries with regulatory or mandate responsibilities in respect of designated projects include:

• Ministry of Energy and Mines (“MEM”)
• Ministry of the Environment, Conservation and Parks (“MECP”)
• Ministry of Natural Resources (“MNR”)
• Ministry of Transportation (“MTO”)
• Ministry of Citizenship and Multiculturalism (“MCM”)

The work of the MAPDT and the participating ministries is supported by:

• Ministry of Indigenous Affairs and First Nations Economic Reconciliation (“IAFNER”)
• Ministry of the Attorney General (“MAG”)

MEM serves as the lead ministry, responsible for leading and implementing the 1P1P framework, and is accountable for the work of each MAPDT to ensure alignment across participating ministries.

MEM may also invite other Ontario ministries, municipalities, or federal departments and agencies on a project-specific basis where they have permitting, authorization or approval responsibilities relevant to the proposed project.

Ministries or agencies without direct permitting, authorization, approval, or other regulatory responsibilities for a designated project may also participate, based on the needs of the designated project. Such participation may be initiated at the request of a proponent, an Indigenous community, a participating ministry, or the ministry or agency itself.

The absence of certain provincial ministries, municipalities, or federal departments and agencies does not remove the proponent’s obligation, if required, to engage with relevant parties to obtain all necessary permits, authorizations and approvals for a designated project.

Roles and Responsibilities

Participating Ministries

Under the 1P1P framework, participating ministries provide project management support for designated projects by coordinating Indigenous consultation and aligning the application, review, and decision-making processes for obtaining the permits, authorizations and approvals required for the designated project.

Roles and responsibilities include:

• The Minister establishes a MAPDT for the designated project to facilitate the coordination of all application, review and decision-making processes for identified permits, authorizations and approvals across the participating ministries;
• The Deputy Minister of the MEM appoints a dedicated Team Lead, who leads the MAPDT and serves as the primary point of contact for the proponent and Indigenous communities;
• Other participating ministries dedicate resources to the MAPDT, as required, including assigning MAPDT members;
• The MAPDT collaborates with and provides support to the proponent to ensure completeness of the Project Definition, which supports the preparation of an Integrated Authorization and Permitting Plan (“IAPP”);
• The MAPDT prepares an IAPP, based on the complete Project Definition, to set out the steps for the application, review and decision-making processes for obtaining the permits, authorizations and approvals;
• The MAPDT identifies Indigenous communities whose Aboriginal and/or treaty rights have the potential to be adversely affected by the designated project and associated permits, authorizations and approvals specified in the IAPP;
• The MAPDT prepares an Integrated Consultation Plan (“ICP”) following the acceptance of a Plan for Consultation from the proponent; and
• The MAPDT coordinates structured communication to monitor progress, address emerging issues, and provide feedback through:
  • monthly meetings with the proponent;
  • meetings with Indigenous communities, as appropriate; and
  • regular meetings across ministries and agencies.

Through this whole-of-government, project-level approach, participating ministries work collectively with the proponent, through the MAPDT, to provide a clear and dynamic path and to ensure required information is submitted to support timely review and decision-making for permits, authorizations and approvals required for advancing designated projects. Participating ministries will carry out their permitting, authorization, approval, and associated Indigenous consultation processes in a coordinated and, where appropriate, parallel manner.

Participating ministries will continue to carry out and retain responsibility in respect of their statutory responsibilities under applicable legislation, including the exercise of discretion and the fulfillment of the Crown’s duty to consult Indigenous communities.

Project Proponents

Proponents of designated projects play a key role in ensuring 1P1P is implemented efficiently in respect of their designated project. To support timely and efficient integrated permitting, authorization and approval processes, and coordinated Indigenous consultation, proponents are expected to actively participate in each stage of 1P1P, including to:

• Provide complete and accurate project information using the Project Definition Template to enable the MAPDT to adequately assess permitting, authorization and approval requirements;
• Maintain regular, proactive communication with the MAPDT through the Team Lead, including participation in monthly meetings to support project progress and issues resolution;
• Respond to any requests for information or clarification made by the Team Lead on behalf of the MAPDT and/or supporting ministries;
• Carry out any delegated procedural aspects of consultation which form part of the Crown’s duty to consult obligations, in accordance with the proponent’s Plan for Consultation and the ICP;
• Meaningfully consult and engage Indigenous communities to share relevant project information, build understanding of the designated project, respond to feedback and concerns, and establish trust;
• Provide interim consultation reports on a quarterly basis to the MAPDT, including any issues or concerns raised by Indigenous communities, to ensure they are addressed through the appropriate processes;
• Adhere to the proponent-driven timelines^{footnote 1[1]} established in the IAPP and work with the MAPDT to proactively adjust the IAPP, proponent’s Plan for Consultation, or the ICP where required;
• Cover the proponent's own project-specific costs associated with applications for permits, authorizations and approvals, including costs related to studies, meetings, legal or professional advice, and other project-specific requirements;
• Where reasonable, consider contributing to the costs associated with capacity needs for Indigenous communities to allow for meaningful consultation; and
• Comply with all applicable legislation and regulatory requirements for permits, authorizations and approvals in respect of the designated project.

Indigenous Community Participation in 1P1P

Under the 1P1P framework, consultation with Indigenous communities is coordinated at a whole-of-project level by the MAPDT to reduce the burden consultation activities can place on Indigenous communities.

This includes:

• Indigenous consultation requirements for each permit, authorization and approval will be sequenced through the proponent’s Plan for Consultation and the ICP, in alignment with the IAPP.
• The Team Lead will serve as the Government of Ontario’s primary point of contact for Indigenous communities to support the consultation process and facilitate information sharing in respect of the designated project.
• The Team Lead will maintain regular communication with Indigenous communities throughout the designated project on matters related to permits, authorizations and approvals, including providing regular updates on the status of the designated project and consultation activities.
• Each identified Indigenous community will receive a notification letter, setting out the Crown’s consultation process, any delegated procedural aspects to the proponent, where appropriate, and confirming that the community has been identified for consultation.
• Identified Indigenous communities will have access to planned project timelines and other relevant project information.
• Where appropriate, consultation sessions will be coordinated across ministries to address multiple permitting, authorization or approval requirements.

While the 1P1P framework supports internal alignment, communication, and coordination among participating ministries, each statutory decision-maker retains the discretion to determine, to their satisfaction, whether the Crown’s duty to consult has been satisfied for their respective permitting, authorization or approval processes, and whether further consultation activities are necessary.

Capacity and Funding Support for Consultation

The Government of Ontario broadly supports capacity needs, where appropriate, and continues to pursue initiatives that enable communities to effectively participate in consultation processes.

Indigenous communities may apply for funding through the Indigenous Participation Fund (“IPF”) or other funding sources to help build the capacity needed to participate effectively in consultation activities for designated projects.

The IPF provides funding that may include:

• Support for staff and activities that enhance the capacity of eligible Indigenous communities to participate in consultation related to exploration and mine development;
• Support for Mineral Development Advisors within any Indigenous community in Ontario whose Aboriginal and/or treaty rights have the potential to be adversely impacted by mineral activity; and
• Support for Mineral Sector Specialists within representative Indigenous organizations (i.e., tribal councils, Political Territorial Organizations, or other province-wide Indigenous organizations).

Project proponents who have been delegated procedural aspects of consultation for designated projects may consider, and where reasonable, contribute to the capacity needs of Indigenous communities to support meaningful consultation.

Designation of Projects

Eligibility Criteria

The 1P1P framework may apply to the following types of proposed projects that require permits, authorizations and approvals, from more than one provincial ministry and would benefit from an integrated approach due to their impacts, complexity or scale:

• New advanced exploration or mine production;
• Recommencement of a past-producing mine; or
• Major mine expansions or modifications to an existing advanced exploration or mine development project.

Projects that require only a single provincial permit, authorization or approval, minor amendments to existing approvals, or that are in an early stage of planning are generally not suitable for designation under 1P1P.

The 1P1P framework does not apply to:

• Early exploration activities; or
• Federal or municipal permitting processes.

Project Designation Process

Projects may be considered for designation by the Minister through one of two mechanisms:

1. A proponent-initiated request addressed to the Minister; or
2. A referral to the Minister from an Ontario ministry or an Indigenous community.

Any request or referral for designation should include a Project Definition prepared and submitted by the proponent using the Project Definition Template to support the Minister’s decision on whether to designate the project.

As the Project Definition informs subsequent steps in the process, it is imperative that the information provided is complete and accurate to support a timely and efficient process and limit potential issues later on.

Requests must be submitted to 1P1P@ontario.ca.

When one of these mechanisms is initiated, MEM, with input from participating ministries, will assess whether the proposed project aligns with 1P1P eligibility criteria and if the project is at a sufficient state of readiness to advance, including whether the proponent has provided sufficient information in the Project Definition.

If necessary, MEM, with support from participating ministries, will meet with the proponent to discuss eligibility and seek any additional relevant project information needed to inform a decision.

If the Minister determines that the project meets the eligibility criteria, the Minister may designate a project under section 153.0.1 of the Mining Act.

Upon designation, the Minister may establish a MAPDT. The Deputy Minister of the MEM will appoint a Team Lead to lead the MAPDT and serve as the primary point of contact for the proponent and Indigenous communities.

Preliminary Meeting with MEM

Before submitting a designation request, proponents are strongly encouraged to request a preliminary meeting with MEM to discuss their proposed project. This will allow staff to provide guidance on the designation process, including information required to support a complete Project Definition and help minimize delays in the designation process.

To request a preliminary meeting, proponents should contact MEM at 1P1P@ontario.ca.

Upon receiving the request, MEM will hold a meeting within ten (10) business days.

Note: Staff can provide general information about the 1P1P framework and the designation process, but cannot provide legal advice to proponents. Proponents seeking clarification on their legal rights or responsibilities in respect of their proposed project should obtain independent legal advice.

Integrated Authorization and Permitting Plan

Within 10 business days of confirming completeness of the Project Definition, the MAPDT will develop a project-specific IAPP.

The IAPP:

• Sets out the steps for the application, review, and decision-making processes for obtaining all the required permits, authorizations and approvals for the designated project;
• Outlines strategic sequencing of permitting, authorization and approval requirements, considering the project status, the proponent’s preparedness, the status of technical and baseline studies, land tenure, and other dependencies;
• Facilitates coordination of reviews across participating ministries, enabling parallel review where feasible to reduce duplication and delays; and
• Supports the identification of communities whose Aboriginal and/or treaty rights may be adversely impacted by a designated project and informs the development of the ICP.

While the MAPDT provides coordination, guidance and support, the proponent is responsible for implementing the IAPP by submitting complete applications for the permits, authorizations and approvals specified in the IAPP, in accordance with each ministry’s applicable legislative and procedural requirements.

If the project scope changes, and/or if additional permits, authorizations or approvals are required, the proponent must notify the Team Lead in writing without delay. The Team Lead will work with the MAPDT and the proponent to assess the implications of the proposed changes and, if necessary, revise the IAPP to reflect updated requirements, timelines, and sequencing.

Indigenous Consultation

Where the Crown’s duty to consult Indigenous communities is triggered by decisions relating to a designated project, participating ministries will support an integrated approach to identifying and consulting with Indigenous communities or engaging with interested Indigenous communities where the duty is not triggered. The nature, scope, and content of this duty will vary depending on the proposed project activities, the stage of the project, the regulatory decisions required, and the potential adverse effects on Aboriginal and/or treaty rights.

Community Identification

Within 30 business days of completing the IAPP, participating ministries, through the MAPDT, will identify Indigenous communities whose Aboriginal and/or treaty rights have the potential to be adversely affected by the designated project and associated permits, authorizations and approvals specified in the IAPP.

Delegation to Project Proponents

While the constitutional responsibility for fulfilling the duty to consult rests with the Crown, procedural aspects of Indigenous consultation may be delegated to the proponent, where appropriate. The scope of any delegation will depend on the nature of any potential adverse effects to Aboriginal and/or treaty rights, the regulatory responsibilities of the participating ministry, the stage and complexity of the project, and the IAPP.

Participating ministries, through the Team Lead, will issue a Direction Letter to the proponent that confirms the list of identified Indigenous communities and outlines the delegated procedural aspects of consultation. Notification letters will also be sent to the identified Indigenous communities. The Direction Letter will require the proponent to prepare and submit a Plan for Consultation with the identified communities, for review by the MAPDT.

Proponent’s Plan for Indigenous Consultation

For designated projects, a Plan for Consultation is required for the permits, authorizations and approvals specified in the IAPP. The Plan for Consultation should describe, as precisely as possible, how the proponent proposes to carry out the delegated procedural aspects of Indigenous consultation for each permit, authorization and approval specified in the IAPP. The process for consultation outlined in the Plan for Consultation is intended to create an environment for meaningful discussion between parties, which focuses on:

• Creating a clear understanding of proposed project activities and required permits, authorizations and approvals;
• Providing opportunities for Indigenous communities to share comments and specific concerns about how the proposed project activities might affect their exercise of Aboriginal and/or treaty rights; and
• Exploring options for avoiding, mitigating, or otherwise accommodating potential adverse effects to Aboriginal and/or treaty rights identified through the consultation process.

Proponents should work with their Team Lead and MAPDT to discuss and seek project-specific guidance to help support preparation of an effective Plan for Consultation.

In situations where a proponent has previously developed a Plan for Consultation and has consulted with Indigenous communities in earlier phases of a project, the proponent may be able to use an existing Plan for Consultation as a starting point, adding the necessary information to ensure the Plan for Consultation that is provided to the MAPDT reflects the specific circumstances of the designated project, the Aboriginal and/or treaty rights that may be adversely affected, and the anticipated gravity or seriousness of the potential adverse effects.

Proponents must also provide Interim Consultation Reports (ICR) on a quarterly basis to the MAPDT. This should be reflected in the Plan for Consultation. The MAPDT may also ask for an ICR or Record of Consultation as needed, for example, if issues arise with consultation. Issues can also be discussed at monthly meetings with the proponent and the MAPDT.

Through interim consultation reporting, the MAPDT can identify an out-of-scope issue, or an issue resulting in delays in getting a permit and/or authorizations. The Team Lead, supported by the MAPDT can then respond accordingly to assist in finding a meaningful resolution.

Integrated Consultation Plan

Within 15 business days of the proponent submitting a Plan for Consultation and its acceptance by the MAPDT, the MAPDT will prepare an ICP.

The ICP:

• Outlines how the Crown intends to carry out its role in fulfilling the duty to consult across all permits, authorizations and approvals, including supporting the proponent’s fulfillment of the delegated procedural aspects of consultation;
• Identifies and consolidates consultation requirements from all participating ministries into a single, integrated plan;
• Identifies consultation activities to be carried out by participating ministries and those involving the proponent;
• Establishes anticipated consultation timelines across the whole project and key touchpoints with Indigenous communities; and
• Describes how participating ministries will align their consultation processes to reduce duplication of Crown efforts and communications to the communities and the proponent, improve overall efficiency across permits, authorizations and approvals, and minimize burden placed on Indigenous communities.

Relevant milestones and activities will be shared with the proponent and identified Indigenous communities.

Permit Application, Review, Consultation and Decision Making

Application Submission and Review

Once the IAPP, proponent’s Plan for Consultation, and the ICP are finalized, the proponent is responsible for submitting applications for permits, authorizations and approvals specified in the IAPP. Applications are submitted directly to each participating ministry.

Through the MAPDT and in accordance with the IAPP and ICP, participating ministries coordinate the timing and sequencing of reviews to minimize duplication and enhance predictability for the proponent and Indigenous communities, including conducting parallel reviews where feasible and coordinating decision-making. Consultation activities, including regular communications with Indigenous communities, will be undertaken by the MAPDT as outlined in the ICP.

The relevant statutory decision-makers at each participating ministry or agency retain the discretion to determine, to their satisfaction, whether the Crown’s duty to consult has been satisfied for their respective permitting, authorization or approval processes and would continue to make decision on applications independently based on their legislative mandates and technical requirements.

The Team Lead organizes monthly MAPDT meetings with the proponent, with additional meetings scheduled as needed. These meetings serve to monitor progress, address emerging issues, and provide updates on permitting and Indigenous consultation activities.

The Team Lead remains the primary point of contact for the proponent and the identified Indigenous communities throughout the designated project. If procedural, technical, or consultation-related issues arise, the proponent and Indigenous communities should raise them directly with the Team Lead. The Team Lead will work with the MAPDT to coordinate issue resolution across participating ministries, ensuring that the issue is addressed at the appropriate level.

Amendments to Permitting and Consultation Plans

The IAPP, proponent’s Plan for Consultation, and the ICP are integrated and dynamic documents and may need to be updated if:

• The project scope changes;
• New permits, authorizations or approvals are required or applications or other information is not submitted to relevant ministries within the relevant timeframe;
• The Crown’s understanding of Indigenous communities’ Aboriginal and/or treaty rights and its obligations in respect of them continues to evolve (e.g., through new developments in the case law or the potential receipt of new credible assertions of Aboriginal and/or treaty rights from other communities); or
• Circumstances arise that require changes to ensure that potential impacts to Aboriginal and/or treaty rights have been meaningfully considered and/or accommodated.

If any of these circumstances arise, participating ministries, through the MAPDT, will reassess and update the IAPP, the list of identified Indigenous communities and the depth of consultation owed. Participating ministries, through the Team Lead, will issue an updated Direction Letter to the proponent with any revised consultation requirements, and identified communities will be notified of any changes. The proponent’s Plan for Consultation and the ICP will also be reviewed and updated as required.

Completion or Suspension of 1P1P

The work of a MAPDT for a designated 1P1P project concludes once decisions with respect to permits, authorizations or approvals specified in the IAPP have been made.

In some circumstances, including if a project is placed in a state of inactivity or at the request of the proponent, the Minister may revoke a project’s 1P1P designation and the respective MAPDT would be discontinued.

MAPDT activities may also be suspended for a specified period of time if a project is placed in a state of temporary suspension, at the request of the proponent or due to other factors (e.g., insufficient technical studies, limited Indigenous consultation efforts by the proponent, or low commodity prices).

Notice would be provided to the proponent and identified Indigenous communities in respect of any proposed decisions to revoke a 1P1P project designation and/or to suspend the activities of the MAPDT.