The discussion workbook, Ontario’s New Mining Act: Workbook on Development of Regulations, is intended to give interested parties an opportunity to provide input on the development of regulations in the eight key areas. The workbook provides information about the changes made in these areas and poses questions designed to help participants focus their thoughts and responses.

This input will be considered in the development of the regulations, programs, policies, procedures, and information technology solutions required to implement the Mining Act amendments over the next 3-5 years.

The original posting of this policy proposal can be found here.

Additionally, the workbook itself can be downloaded here.

On April 30, 2009, Minister Michael Gravelle introduced Bill 173 – An Act to Amend the Mining Act into the Legislative Assembly of Ontario. Bill 173 passed First Reading that same day and Second Reading on May 27, 2009. From there, Bill 173 was referred to the Legislative Standing Committee on General Government for review.

After public hearings, the Bill was reviewed and amended by the Standing Committee and returned to the Legislature for Third Reading. On October 21, 2009, the Mining Amendment Act, 2009 was enacted and it received Royal Assent on October 28, 2009.

Some of the amendments to the Mining Act are now in effect with royal assent, but most will be proclaimed once regulations are developed. New provisions that are now in effect include:

• Automatic withdrawal of Crown mineral rights under privately held surface rights in Southern Ontario;
• A clause in all leases and lease renewals highlighting Section 35 of the Constitution Act regarding Aboriginal and treaty rights;
• The ability to replace a lost or stolen prospector’s licence without requiring an affidavit; a significant benefit in areas such as First Nations and remote communities where no Commissioner is available; and,
• Provisions for the streamlining of some administrative processes.

It is important to note that different sections of the Act will be proclaimed once the relevant details are developed. For example, paper staking in Southern Ontario and the withdrawal of Crown-held mineral rights under privately held surface rights in Northern Ontario should be in place within the first year. Sections related to exploration plans and permitting and the awareness program for prospectors require further discussion to develop the appropriate regulations and allow for a change in ministry business processes, which may take two to three years. Map staking, which requires an integrated information technology solution, will be introduced over three to five years.

There are eight key areas where substantive changes require focussed input in support of regulatory development:

1. Awareness Program for Prospectors
2. Online Map Staking
3. Exploration Plans and Permits
4. Assessment Work
5. Aboriginal Consultation
6. Dispute Resolution
7. Protection for Sites of Aboriginal Cultural Significance
8. Private Surface Rights

This proposal has been posted for a 60 day public review and comment period starting December 21, 2009. If you have any questions, or would like to submit your comments, please do so by February 19, 2010 to the individual listed under “Contact”. Additionally, you may submit your comments on-line.

All comments received prior to February 19, 2010 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 010-8656.

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.