O. Reg. 307/12: MINE DEVELOPMENT AND CLOSURE UNDER PART VII OF THE ACT

Link to law: http://www.ontario.ca/laws/regulation/r12307
Published: 2012-10-02

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ontario regulation 307/12

made under the

Mining Act

Made: September 26, 2012
Filed: October 2, 2012
Published on e-Laws: October 3, 2012
Printed in The Ontario Gazette: October 20, 2012


Amending O. Reg. 240/00

(Mine Development and Closure under Part VII of the Act)

1. Section 1 of Ontario Regulation 240/00 is amended by adding the following definition:

“approved form” means a form that is approved by the Minister for the purposes specified in the provision containing the reference to the approved form;

2. Sections 5 and 6 of the Regulation are revoked and the following substituted:

Notice of Project Status

5. (1) For the purposes of subsection 140 (1), 141 (1) or 144 (1) of the Act, a proponent shall submit to the Director a notice of project status in the approved form.

(2) A proponent shall submit to the Director a further notice of project status if advanced exploration or mine production begins more than one year after the date specified in the project schedule submitted with the original notice.

(3) Despite subsection (1), where a notice of project status is submitted to the Director before November 1, 2012 in respect of a closure plan under section 140 or 141 of the Act and the closure plan to which the notice relates is submitted to the Director before April 1, 2013, the proponent shall comply with this Regulation as it read immediately before its amendment by Ontario Regulation 307/12.

Notice of Material Change

6. (1) For the purposes of subsection 144 (2) of the Act, a proponent shall submit to the Director a notice of material change in the approved form.

(2) Despite subsection (1), where a notice of material change is submitted to the Director before November 1, 2012 and the closure plan amendment to which the notice relates is submitted to the Director before April 1, 2013, the proponent shall comply with this Regulation as it read immediately before its amendment by Ontario Regulation 307/12.

3. The Regulation is amended by adding the following sections:

Aboriginal Consultation

8.1 (1) Before filing a certified closure plan pursuant to clause 140 (1) (d) or 141 (1) (d) of the Act or a certified amendment to a closure plan pursuant to section 143 of the Act, a proponent shall,

(a) give notice to the Director by submitting a notice of project status or a notice of material change, as appropriate; and

(b) conduct consultation with Aboriginal communities as directed.

(2) The Director shall provide written direction with respect to consultation with Aboriginal communities after the Director receives a notice under subsection (1) or an application to rehabilitate a mine hazard pursuant to section 139.2 of the Act,

(a) to the proponent that has given notice under subsection (1); or

(b) to an applicant that has applied to rehabilitate a mine hazard pursuant to section 139.2 of the Act.

(3) The written direction provided by the Director shall identify the Aboriginal communities that are to be notified and may do any one or more of the following:

1. Require that the proponent or applicant prepare a proposed plan for consultation with Aboriginal communities for review by the Director.

2. Establish a schedule for making interim reports to the Director.

3. Direct that the proponent or applicant do such other things by way of consultation with Aboriginal communities as the Director considers, in his or her sole discretion, appropriate in the circumstances.

(4) A proponent or applicant shall consult with Aboriginal communities pursuant to,

(a) a proposed plan for consultation, where one has been required, that has been reviewed by the Director; and

(b) any direction provided by the Director with respect to consultation with Aboriginal communities.

(5) Proponents before giving notice under subsection (1) and applicants before submitting an application to rehabilitate a mine hazard may consult with Aboriginal communities and, where they do so, they shall first request that the Director identify Aboriginal communities to be notified of their proposed activity.

(6) Proponents and applicants who have consulted with Aboriginal communities before submitting their notice or application shall include with the notice or application submitted to the Director a consultation report in the approved form detailing how comments from Aboriginal communities, if any, have been considered.

(7) Where a proponent or applicant is required to provide interim reports to the Director, the proponent or applicant shall provide the reports in the approved form, unless directed otherwise by the Director.

(8) The Director may at any time, including after reviewing any interim reports, provide such further direction with respect to consultation with Aboriginal communities or with respect to a proponent’s or applicant’s proposed plan for consultation as the Director, in his or her sole discretion, considers appropriate in the circumstances.

(9) Where a proponent has conducted consultation, the proponent shall submit to the Director a consultation report in the approved form, which shall include information with regard to any arrangement reached with an Aboriginal community or the efforts made to reach such an arrangement, at the same time that the proponent submits to the Director a certified closure plan or a certified amendment to a closure plan.

(10) Where an applicant has conducted consultation, the Director may require that the applicant submit a consultation report in the approved form at any time before approving the application to rehabilitate a mine hazard.

(11) In this section,

“applicant” means a person who has applied or intends to apply to rehabilitate a mine hazard pursuant to section 139.2 of the Act.

Dispute Resolution re Aboriginal Consultation on Closure Plans

8.2 (1) The dispute resolution process set out in this section applies with respect to disputes to which clause 170.1 (1) (b) of the Act applies.

(2) The Director may, in his or her sole discretion and before a proponent submits a certified closure plan or a certified amendment to a closure plan, refer a dispute relating to consultation with Aboriginal communities to an individual or body designated by the Minister pursuant to subsection 170.1 (1) of the Act.

(3) The purpose of a dispute resolution process conducted by the individual or body designated by the Minister is to facilitate consultation among the proponent, Aboriginal communities and the Director, and is not an appeal.

(4) The designated individual or body shall provide a report setting out recommendations to the Minister within 30 days after having received the referral or within such other time as agreed to by the Director.

(5) The Minister shall pay the costs of the designated individual or body and the costs associated with conducting the process, at a scale and to a maximum amount set and approved by the Minister.

(6) The designated individual or body’s report forms part of the record of the Minister in consulting with Aboriginal communities regarding the proposed closure plan or proposed amendment to the closure plan and may be disclosed in legal or other proceedings as may be necessary or appropriate.

(7) For greater certainty, the designated individual or body’s own work product, including notes, case file and any other materials of the individual or body pertaining to the dispute are confidential to the individual or body and are not subject to disclosure in any legal or other proceeding.

4. The Regulation is amended by adding the following sections:

Voluntary Rehabilitation

9.1 For the purposes of subsection 139.2 (1) of the Act, the following lands are prescribed:

1. Any land in respect of which the surface rights, mining rights or both are under licence of occupation from the Crown.

2. Land in the actual use or occupation of the Crown or a ministry of the Government of Ontario.

3. Land the use of which is withdrawn or set apart or appropriated for a public purpose.

4. Land held by a ministry of the Government of Ontario.

9.2 The person applying for approval to rehabilitate a mine hazard under subsection 139.2 (1) of the Act shall submit an application for approval to the Director in the approved form.

9.3 The person applying for approval to rehabilitate a mine hazard on lands for which there is one or more surface rights owners, surface rights holders or recorded holders of a mining claim shall provide a copy of the application to all surface rights owners, surface rights holders or recorded holders of mining claims, before submitting the application for approval to the Director.

9.4 (1) The person who applied for approval to rehabilitate a mine hazard shall ensure that the rehabilitation is carried out in accordance with the standards and requirements in the Mine Rehabilitation Code that are specified by the Director in the conditions of the approval for the rehabilitation plan.

(2) For the purposes of this section and in respect of standards and requirements in the Mine Rehabilitation Code that are specified by the Director under subsection (1), a reference in the Code to a closure plan is deemed to be a reference to a voluntary rehabilitation plan.

5. Section 10 of the Regulation is revoked.

6. Section 11 of the Regulation is revoked and the following substituted:

11. (1) A closure plan shall include at least the items and information set out in Schedule 2 in the order in which the Schedule sets out the items and information to be included.

(2) Despite subsection (1), where a notice of project status or notice of material change for a project is submitted to the Director before November 1, 2012 and a certified closure plan or certified closure plan amendment for that project is submitted to the Director before April 1, 2013, the proponent shall comply with this Regulation as it read immediately before its amendment by Ontario Regulation 307/12.

7. (1) Clause 12 (2) (e) of the Regulation is revoked and the following substituted:

(e) the proponent has complied with any written direction regarding Aboriginal consultation provided by the Director pursuant to subsection 8.1 (2);

(2) Subsection 12 (6) of the Regulation is revoked and the following substituted:

(6) The proponent shall submit to the Director the number of copies of the closure plan document as is specified by the Director.

8. (1) Subclause (ii) of item ii of Schedule 2 to the Regulation is revoked and the following substituted:

 


 


 


(ii) indicate that closure plan document constitutes entire closure plan under Part VII of the Act.



(2) Item 14 of Schedule 2 to the Regulation is revoked.

Commencement

9. This Regulation comes into force on the later of November 1, 2012 and the day it is filed.