ONTARIO REGULATION 306/12
made under the
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. 45/11
Note: Ontario Regulation 45/11 has not previously been amended.
1. Ontario Regulation 45/11 is amended by adding the following sections:
Permission to Extract, Test Mineral Content and Dispose of Minerals
9.1 In sections 9.2 to 9.9,
“applicant” means the recorded holder of a mining claim who has applied for bulk sample permission or disposition permission under section 52 of the Act and includes,
(a) directors, officers, employees and authorized agents of the applicant,
(b) partners, subsidiaries or affiliates of the applicant,
(c) contractors or subcontractors of the applicant, and
(d) successors and assigns of the applicant; (“demandeur”)
“bulk sample” means a quantity of mineral bearing substance extracted from an unpatented mining claim that exceeds the thresholds set out in section 9.2; (“échantillon en vrac”)
“bulk sample permission” means the Minister’s written permission to mine, mill or refine mineral bearing substance from an unpatented mining claim for the purpose of testing mineral content, pursuant to subsection 52 (1) of the Act; (“autorisation de prélever un échantillon en vrac”)
“disposition permission” means the Minister’s written permission to sell or dispose of the end product of mining, milling and refining of mineral bearing substance, pursuant to subsection 52 (4) of the Act; (“autorisation d’aliéner”)
“extraction” means the removal of material from the ground by any method, except if the removal is by the use of a drill which creates a hole not greater than 15 centimetres in diameter; (“extraction”)
“material” has the same meaning as in subsection 3 (2) of Ontario Regulation 240/00 (Mine Development and Closure Under Part VII of the Act) made under the Act; (“matières”)
“mineral bearing substance” means that part of the extracted material that is to be subjected to testing; (“substance contenant des minéraux”)
“permission holder” means an applicant to whom a bulk sample permission has been granted and includes an applicant who, in addition to a bulk sample permission, has been granted a disposition permission. (“titulaire d’autorisation”)
9.2 (1) Subject to subsection (2), extraction is a bulk sample subject to section 52 of the Act where the amount of mineral bearing substance extracted exceeds 100 tonnes.
(2) Where the mineral bearing substance is being extracted to test for lapidary stones, semi-precious stones or precious stones, other than diamonds, the extraction is a bulk sample subject to section 52 of the Act where the amount of mineral bearing substance extracted exceeds 100 kilograms.
Application for permission
9.3 (1) An applicant shall make an application for a bulk sample permission in the approved form.
(2) If the applicant proposes to sell or dispose of the end products of the mining, milling or refining of the bulk sample, the applicant shall include with the request for a bulk sample permission, a request for a disposition permission.
9.4 (1) A bulk sample permission is subject to the following conditions:
1. The quantity of mineral bearing substance extracted must not exceed the quantity set out in the bulk sample permission.
2. The permission holder must comply with all requirements of the Act and its regulations and the terms and conditions of the bulk sample permission, including any deadlines for completion of the sampling project or for providing reports to the Minister.
3. The permission holder must comply with any applicable requirements for exploration plans and exploration permits under the Act with respect to the activity of extracting the bulk sample, including rehabilitation requirements.
4. The permission holder must comply with the requirements of Part VII of the Act, including the requirements for an advanced exploration closure plan pursuant to section 140 of the Act, if the extraction meets the threshold for advanced exploration.
(2) Where the bulk sample permission is with respect to the extraction of mineral bearing substance to test for diamonds and the amount of material being extracted does not exceed 1,000 tonnes, the permission may exempt the operator, as defined in subsection 154 (1) of the Act, from the requirements of subsection 14 (1) of Ontario Regulation 323/07 (Royalty on Diamonds) made under the Act, subject to the condition that the certified report required under section 9.6 includes the additional information specified in subsection 9.6 (2).
9.5 Where a bulk sample permission includes a disposition permission, the permission holder shall comply with any terms and conditions that the Minister requires as part of the disposition permission, in addition to any terms and conditions that apply to the bulk sample permission.
9.6 (1) The permission holder shall, by the date specified in the bulk sample permission, submit a certified report in the approved form to the Minister.
(2) If the bulk sample permission is with respect to diamonds, the certified report shall include the following additional information:
1. The date the bulk sample was shipped to the laboratory or other processing facility and the full name and address of the laboratory or facility.
2. The total number of diamonds recovered from the bulk sample.
3. The total weight in carats and the number of diamonds for each sieve size.
4. A description of the characteristics of each individual diamond, including,
i. stone dimensions,
ii. weight, colour and clarity,
iii. percentage preservation, and
(3) Where the bulk sample permission includes a disposition permission, the permission holder shall provide the following additional information in the certified report:
1. The amount of the proceeds from the sale of the product or mineral that is produced from the extracted mineral bearing substance.
2. The total cost of the bulk sampling project, including the costs of extracting, mining, milling, refining, testing, transporting and evaluating the bulk sample and the costs of any required rehabilitation for the extraction activity.
3. Any other information that may be required as a term of the disposition permission.
9.7 (1) A permission holder may make a request to extend a bulk sample permission or the deadline for submitting the required certified report in writing to the Minister at least 10 days before the expiry of the permission or the deadline for submitting the certified report.
(2) The Minister may grant an extension on such conditions as the Minister determines are reasonable in the circumstances.
9.8 (1) Sections 9.1 to 9.7 do not apply to applications for a bulk sample permission that are received before the day section 1 of Ontario Regulation 306/12 comes into force.
(2) Applications for a bulk sample permission that are received on and after the day section 1 of Ontario Regulation 306/12 comes into force shall comply with sections 9.1 to 9.7 and the extraction of the bulk sample shall be done in compliance with Ontario Regulation 308/12 (Exploration Plans and Exploration Permits) made under the Act.
Transition, financial assurance
9.9 Despite the revocation of Ontario Regulation 192/06 (Permission to Test Mineral Content) made under the Act, if any financial assurance was provided for a bulk sample permission under that Regulation and the financial assurance is still held by the Minister on November 1, 2012, section 4 of that Regulation, as it read immediately before its revocation, is deemed to continue to be in effect until the earlier of,
(a) the date when all of the financial assurance has been returned to the permission holder or has been applied to rehabilitate the project site; or
(b) the first anniversary after November 1, 2012.
2. The Regulation is amended by adding the following section:
Sites of Aboriginal cultural significance
9.10 (1) Land, with a surface area of 25 hectares or less, may be considered as a site of Aboriginal cultural significance for the purposes of the Act if the following criteria are met:
1. It is strongly associated with an Aboriginal community for social, cultural, sacred or ceremonial reasons, including because of its traditional use by that community, according to Aboriginal traditions, observances, customs or beliefs.
2. It is in a fixed location, subject to clear geographic description or delineation on a map.
3. Its identification is supported by the community, as evidenced by appropriate documentation.
(2) In determining whether a site of Aboriginal cultural significance should be the subject of a withdrawal order or an order to restrict the right to the use of portions of the surface rights of a mining claim, the Minister may consider whether other mechanisms are available and appropriate to protect the site.
3. The Regulation is amended by adding the following sections:
Publication of defaulters’ list
14.1 (1) For the purposes of subsection 197 (2) of the Act, the Deputy Minister shall cause the second notice of default in the payment of mining land tax to be published,
(a) by publishing it in one issue of The Ontario Gazette; and
(b) by posting it on the Ministry website or on another Government website established for the posting of notices.
(2) In addition to publication under subsection (1), where the Deputy Minister considers it expedient, the second notice of default may be published in one issue of a newspaper published in the district, upper-tier municipality or local municipality in which the property is located.
Prescribed prospector’s awareness program
14.2 (1) For the purposes of sections 19 and 21 of the Act, the Ministry program known as the Mining Act Awareness Program is the prescribed prospector’s awareness program.
(2) The reference in subsection (1) to the Mining Act Awareness Program is a reference to the Program as it is amended from time to time.
Renewal of prospector’s licence, transition
14.3 (1) If a prospector’s licence would otherwise expire on the day that subsection 8 (1) of the Mining Act Amendment Act, 2009 comes into force or within 60 days after that day, the licence is deemed to remain in effect for 60 days after the day subsection 8 (1) of that Act comes into force.
(2) A prospector’s licence is deemed to be renewed as of the day following the original expiry day if,
(a) the prospector whose licence is deemed to remain in effect under subsection (1) successfully completes the Mining Act Awareness Program and applies for a renewal of the licence before the expiry of the 60-day period the licence is deemed to remain in effect; and
(b) the licence is renewed.
(3) A prospector’s licence that is deemed to remain in effect under subsection (1) expires at the end of the 60-day period if the prospector does not successfully complete the Mining Act Awareness Program within the 60-day period.
4. (1) Subject to subsection (2), this Regulation comes into force on the later of November 1, 2012 and the day it is filed.
(2) Section 1 comes into force on the latest of the following:
1. November 1, 2012.
2. The day this Regulation is filed.
3. The day subsection 81 (5) of the Mining Amendment Act, 2009 comes into force.