Ontario Regulation 35/24, made under the Mining Act and effective February 15, 2024, introduces updated guidelines for the rehabilitation of lands impacted by mining activities. The regulation specifies the responsibilities and requirements for mining operators regarding land rehabilitation, closure plans, and post-closure site management. It emphasizes environmental protection, sustainable practices, and adherence to established standards to ensure that lands affected by mining are safely restored and made available for other uses once mining operations cease.

Several important terms frame the regulation’s application. One key term is “rehabilitation measure,” referring to actions taken to restore land, as defined in the Mining Act. The “post-closure state” refers to the condition of the site following rehabilitation, which must be outlined in the closure plan. The “Mine Rehabilitation Code of Ontario” (the Code) provides a comprehensive set of standards for ensuring that operators follow recognized environmental and safety practices. Additionally, a “qualified person” is defined as a professional engineer or a member of certain professional bodies who is responsible for certifying the rehabilitation work.

The regulation outlines specific rehabilitation standards to be followed at different stages of a mining project. It mandates different protective and rehabilitation measures during temporary suspension, inactivity, or before a site is closed out. These standards, defined in the Code, include a range of actions to safeguard environmental quality and public safety. Proponents must comply with these standards unless they propose an alternative measure certified by a qualified person, which must meet or exceed the Code’s objectives and follow industry best practices, scientific principles, and good engineering practices. Progressive rehabilitation, which involves ongoing rehabilitation throughout the life of a mine, is encouraged and requires regular reporting to the Minister, detailing rehabilitation work, maps, and monitoring results.

Under certain circumstances, the Minister may grant exemptions from specific rehabilitation requirements. For instance, if a measure is impractical, environmentally harmful, or conflicts with municipal land use bylaws, the proponent may apply for an exemption. The Minister will assess the proposal to ensure that alternative measures meet the required environmental and safety standards. If an exemption is granted, corresponding requirements in the closure plan may be waived.

After rehabilitation, a site’s post-closure use must be assessed and approved by the Minister. This post-closure state determination evaluates whether the new use of the site is feasible and safe, based on factors such as land capabilities, tenure, and potential risks to public health and the environment. The Minister will also consider whether the site will need active management after closure. Proper consultation with Aboriginal communities must be conducted as part of this process when considering the new post-closure use.

Ontario (35/24) March 2, 2024