The Ministry of Northern Development and Mines (NDM) is proposing a Bill to amend the Mining Act. The proposed amendments would modernize the way mining exploration is carried out in Ontario, by making sure the Act promotes balanced, sustainable development that is respectful of Aboriginal communities and private land owners, while supporting a vibrant industry and competitive investment climate.

The purpose of the proposed amending Bill is to modernize the Mining Act to ensure that the legislation promotes fair and balanced development that benefits all Ontarians in a sustainable, socially appropriate way, while supporting a vibrant, safe, environmentally sound mining industry.

Proposed Amendments
The proposed Bill to amend and modernize the Mining Act would, if passed:
• Facilitate a phased implementation of map staking, starting with a paper-based system in Southern Ontario, then moving to include Northern Ontario in an online electronic system;
• Establish a graduated regulatory approach for exploration activity
• Provide for a required prospector awareness program to obtain a prospector’s licence;
• Enable appropriate Aboriginal consultation throughout the mining sequence and add to the purpose clause that exploration and mining activities are encouraged in a manner that is consistent with the recognition of Aboriginal and treaty rights in the Constitution
• Enable a specific dispute resolution process for Aboriginal-related mining issues in mining legislation;
• Reduce conflicts between private surface rights owners and mining rights holders by: providing for the withdrawal from staking of Crown-owned mining rights where surface rights are privately owned in southern Ontario; where mining activities are allowed to continue, such activities would be subject to the new graduated regulatory regime for mineral exploration on private surface rights
• Implement the announced prohibition on new mine openings in the Far North until there is a community-based land use plan in place;
• Enhance efficiency, improve customer service and streamline processes dealing with oil and gas matters, various uses of surface rights, including renewable energy projects, clarification of provisions for administration of the diamond royalty, revising inspection and offence provisions and fines, and a variety of general housekeeping amendments.

Map Staking
Provision is made in the proposed Bill to introduce less intrusive methods of acquiring a mining claim, via map staking, which would remove the need for prospectors to enter onto the land to physically mark out a claim on the ground.

Graduated Regulatory Approach
The graduated regulatory approach for exploration would require consultation and notification reflecting the impact of the activity. Exploration would require filing of exploration plans for lower impact activities and exploration permits would be required for activities with higher impacts. Regulations would provide the details for exploration plans and permits, including: timelines; requirements for environmental rehabilitation; Aboriginal consultation; withdrawal for sites of Aboriginal cultural significance; and working on private surface rights.

Aboriginal Consultation
Aboriginal consultation would be required for exploration plans and permits for exploration activity, proportionate to the potential impact of the proposed activities. Activities such as advanced exploration and mine development already require Aboriginal consultation, through closure plan requirements in the regulations. The Bill would make more express reference to Aboriginal consultation requirements for closure plans in the Act. In making decisions under the Act that require consideration of consultation that has occurred, the proposed amendments signal that regard will be had to arrangements made between project proponents and potentially affected Aboriginal communities.

Dispute Resolution
Ontario would be the first Canadian jurisdiction to build a specific dispute resolution process for Aboriginal-related mining issues into its mining legislation. Dispute resolution would be available for disputes related to exploration permits, the filing of closure plans or any other considerations as may be prescribed in the regulations. Dispute resolution would be enabled in legislation and details would be set out in regulation.


Surface Rights and Mining Rights
The Act would enable the exclusion of staking of new mining claims on lands where the surface rights are privately owned but the mining rights belong to the Crown.
• In Southern Ontario, these mining rights would be withdrawn from mineral staking automatically.
• In Northern Ontario, owners would be able to apply to the Minister for an order to withdraw the mining rights from staking.
• In all cases, existing tenure will be respected.
• In Southern Ontario, when claims lapse, mineral rights would be withdrawn where surface rights are privately held.
• Where mining activity is allowed to continue on privately owned surface rights, the graduated regulatory approach would be followed, including enhanced notification and environmental rehabilitation requirements.

The Act would allow certain private property owners to apply for an exemption from mining land tax, where the property was originally patented by the Crown for mining purposes, but the property is not being used for mining purposes. These property owners may apply to MNDM for the exemption, putting an end to a tax that has been viewed by some as unfair.


Far North
The proposed Act provides for implementation of the Far North Land Use Planning commitment that there will be no new mine openings in the Far North until there is a community-based land use plan in place.

A proposed provision clarifies that mineral claim staking, exploration and development in the Far North can continue while the land use planning process is ongoing. Existing mining claims and exploration approvals issued prior to the completion of a community-based land use plan will not be rendered invalid if the plan imposes an inconsistent land use designation.

Housekeeping and Administrative
In the process of reviewing the Mining Act, MNDM has brought forward a number of proposed amendments that look to address housekeeping and administrative issues that can enhance the efficiency of internal operations and serve Ontarians more effectively including:
• the repeal of obsolete provisions;
• changes to be consistent with other legislation referenced in Act;
• clarifying the time for filing documents;
• changes with respect to the administration of oil, gas and salt solution mining, which is under the jurisdiction of the Ministry of Natural Resources;
• minimizing restrictions on renewable energy projects;
• administration of diamond royalties in Part VIII;
• clarifying processes for extension or exclusion of time;
• for noting pending proceedings on claim abstracts;
• making adjustments to reflect the proposed move to map staking.

On July 14, 2008 the Premier announced the Far North Planning Initiative and a commitment to modernize Ontario’s Mining Act.

In August 2008, the Ministry of Northern Development and Mines launched the consultation phase of the Mining Act Modernization initiative by releasing a discussion paper entitled, “Modernizing Ontario’s Mining Act – Finding a Balance”.
The consultation focused on five broad policy areas:
1. Mineral tenure system and security of investment;
2. Aboriginal rights and interests related to mining development
3. Regulatory processes for exploration activities on Crown land
4. Land use planning in Ontario’s Far North
5. Private rights and interests relating to mining development (mineral rights/surface rights issues)
From August 2008 to February 2009, the Ministry of Northern Development and Mines conducted extensive consultations.

Public Consultations and Focused Consultations with Industry Stakeholders
In total, over 1,000 individuals and groups participated in the public and industry stakeholder sessions.
Public and stakeholder consultations were conducted in five centres in Ontario (Timmins, Thunder Bay, Sudbury, Kingston and Toronto). More than 700 individuals participated in these sessions
Approximately 20 sessions were conducted with regional prospectors and industry associations.

Consultations with Aboriginal Organizations and Communities
Nearly 40 workshops and sessions were undertaken with Aboriginal communities, Treaty Organizations and Tribal Councils and the Métis Nation of Ontario. In total, approximately 100 First Nations have participated in these consultations in some manner.

Environmental Registry
Posted in mid-August 2008, the Mining Act Modernization discussion paper received 208 responses (156 through the Registry, an additional 52 written) by the closing date of October 15, 2008.

This proposal has been posted for a 60 day public review and comment period starting May 05, 2009. If you have any questions, or would like to submit your comments, please do so by July 04, 2009 to the individual listed under "Contact". Additionally, you may submit your comments on-line.

All comments received prior to July 04, 2009 will be considered as part of the decision-making process by the Ministry of Northern Development and Mines if they are submitted in writing or electronically using the form provided in this notice and reference EBR Registry number 010-6559.

Please Note: All comments and submissions received will become part of the public record. You will not receive a formal response to your comment, however, relevant comments received as part of the public participation process for this proposal will be considered by the decision maker for this proposal.