Ontario Regulation 463/24, made under the Mining Act, addresses the process and requirements for the recovery of minerals from lands under specific conditions. The regulation defines particular lands as “excluded” for the purpose of mineral recovery. This includes lands withdrawn under subsection 35(1) of the Act. Individuals or entities seeking a recovery permit must submit an application to the Minister in a format approved by the Ministry. Part of the application process includes providing a recovery and remediation plan in a form acceptable to the Minister. Additionally, if unpatented mining claims are present on the land where tailings or waste materials are located, the written consent of every recorded holder of these claims must be obtained, provided they are not the applicant.

For those seeking the renewal or amendment of an existing recovery permit, a similar application process is required, using the approved form. The regulation also outlines the consultation process with Aboriginal communities. Upon receiving an application for a recovery permit, the Minister must provide written direction regarding which Aboriginal communities should be notified. The direction may include requirements such as preparing a consultation plan for review, establishing a reporting schedule for interim updates, and other measures deemed appropriate by the Minister.

Applicants are required to conduct consultations according to any plan or direction specified by the Minister. Before submitting an application, applicants may voluntarily consult with Aboriginal communities, requesting the Minister to identify affected communities. If consultations occur prior to application, the applicant must submit a consultation report as part of the application, detailing how feedback was incorporated into their plans. The regulation also mandates that any required interim reports be submitted in an approved format unless directed otherwise by the Minister.

The Minister retains discretion to provide further directions regarding consultation and may request consultation reports at any stage, even before the approval of an application. The regulation came into force on the later of two dates: when section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021, becomes effective and when the regulation itself is filed. The regulation aims to establish a structured and comprehensive approach to the recovery of minerals and the necessary consultation with Aboriginal communities, ensuring that all required procedures are followed to align with legislative and environmental standards.

Ontario (463/24) December 7, 2024