Regulatory Corner - November 2023

Ontario – Mining Act Proposed Regulatory and Mine Rehabilitation Code Amendments

As reported on in the October 2023 Regulatory Corner and as follow up to recent legislative amendments to the Mining Act, Ontario is advancing amendments to its Advanced Exploration, Mine Development and Closure Regulation 240/00 and associated Mine Rehabilitation Code, which amongst other matters, currently reference CDA technical guidance.

The province posted an October 10, 2023 "decision” notice that consultation is complete and that it will be advancing a policy proposal that apparently replaces the Ministry of Mines technical review of mine closure projects by: strengthening the certification structure, removing gaps in certified items where appropriate, and defining a "qualified person” such that it incorporates appropriate training, experience, education, and expertise. The Mine Rehabilitation Code would be removed from the new regulation and referenced as a policy document.

The proposed amendments have met with some opposition from environmental organizations active in Ontario.

Further information on the decision are available at: Proposed regulatory changes to closure plan rehabilitation requirements for advanced exploration and mine production and adding an additional class of facilities to the list of such classes that are excluded from the definition of "mine”. | Environmental Registry of Ontario