Ontario’s Mining Law changes aim to bring mining regulation into 21st Century – by Dorothy Kosich (Mineweb.com – October 4, 2012)

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Key changes under Ontario’s Mining Act come into effect on Nov. 1, 2012, impacting exploration, bulk samples, assessment work credits, aboriginal consultation and mine closure.

RENO (MINEWEB) –  The administration of Ontario Premier Dalton McGuinty announced Wednesday that key changes in Ontario’s Mining Act will come into effect on November 1 that will eventually mandate the filing of exploration plans and permits, Aboriginal consultation, and encourage voluntary mine rehabilitation of mine hazards.

“We’ve brought a 100-year-old piece of legislation into the 21st Century,” said Rick Bartolucci, Ontario’s Minister of Northern Development and Mines. “Through these regulations, as well as our ongoing work with industry and Aboriginal communities, we can all ensure Ontario continues to be a leading jurisdiction for mineral exploration investment for decades to come.”

Among the changes are voluntary submission of an exploration plan in order to undertake certain early exploration activities. Any surface rights owners must be notified of the planned exploration activities.

New criteria will help determine sites that are of social, cultural, sacred or ceremonial significance to Aboriginal communities in order to protect those sites from claim staking.

Aboriginal communities potentially impacted by the exploration plan activities will have an opportunity to provide comments and feedback before a decision is made on the exploration permit. Effective on November 1, Aboriginal communities will be able to apply to have sites of Aboriginal cultural significance withdrawn so many claims cannot be staked.

Aboriginal consultation will also be required prior to the submission of a certified closure plan or close plan amendment.
“These changes will ensure Aboriginal communities are appropriately notified and consulted throughout critical points in the mining sequence, from early exploration to mine closure,” said Kathleen Wynn, minister of Aboriginal Affairs. “This will help industry and Aboriginal communities to build positive relationships and ensure respect for Aboriginal and treat rights as well as the protection of sites of Aboriginal cultural significance.

The new rules under Ontario’s Mining Act also will require an exploration permit for some early exploration activities. Surface rights owners must be notified when applying for an exploration permit. While submission of an application for an exploration permit is voluntary, exploration permits will be mandatory as of April 1, 2013.

Also effective on November 1 will be provisions to allow individuals or companies to apply to voluntarily rehabilitate an existing mine hazard that they did not create on Crown-held land without becoming liable for pre-existing environmental issues on the site.

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