O. Reg. 226/21: MINE DEVELOPMENT AND CLOSURE UNDER PART VII OF THE ACT

 

ontario regulation 226/21

made under the

Mining Act

Made: March 25, 2021
Filed: March 30, 2021
Published on e-Laws: March 30, 2021
Printed in The Ontario Gazette: April 17, 2021

Amending O. Reg. 240/00

(MINE DEVELOPMENT AND CLOSURE UNDER PART VII OF THE ACT)

1. Subsection 4 (2) of Ontario Regulation 240/00 is amended by striking out “and acknowledged”.

2. Subsection 5 (1) of the Regulation is amended by striking out “141 (1)” and substituting “141 (1), 141.1 (2)”.

3. Subsection 6 (1) of the Regulation is amended by striking out “subsection 144 (2)” and substituting “subsections 143 (1) and 144 (2)”.

4. Subsection 8 (1) of the Regulation is amended by striking out “140 (1) or 141 (1)” in the portion before clause (a) and substituting “140 (1), 141 (1) or 143 (1)”.

5. (1) Subsection 8.1 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) Before submitting a closure plan pursuant to paragraph 4 of subsection 140 (1) or paragraph 4 of subsection 141 (1) of the Act or an amendment to a closure plan pursuant to paragraph 4 of subsection 143 (1) of the Act, a proponent shall,

. .  . . .

(2) Subsection 8.1 (9) of the Regulation is revoked and the following substituted:

(9) Where a proponent has conducted consultation, the proponent shall not submit a closure plan or an amendment to a closure plan to the Director before the following criteria are met:

1.  The proponent has submitted to the Director a consultation report in the approved form, which includes information with regard to any arrangement reached with an Aboriginal community or the efforts made to reach such an arrangement.

2.  The proponent has received notice from the Director that the Director is satisfied that appropriate consultation with Aboriginal communities has been carried out.

6. Subsection 8.2 (2) of the Regulation is amended by,

(a)  striking out “certified” before “closure plan”; and

(b)  striking out “a certified amendment” and substituting “an amendment”.

7. (1) Subsection 12 (1) of the Regulation is revoked and the following substituted:

(1) A proponent is solely responsible for ensuring that the measures contained in a filed or approved closure plan for the rehabilitation of a project site under Part VII of the Act are carried out in accordance with the plan, including any amendments to the plan filed or approved by the Director.

(2) Subsections 12 (2) and (3) of the Regulation are amended by striking out “filed” wherever it appears and substituting in each case “submitted”.

8. Subsection 18 (1) of the Regulation is amended by striking out “shall file a certified amendment” and substituting “shall submit an amendment”.

9. Section 19 of the Regulation is amended by striking out “filing” wherever it appears and substituting in each case “submission”.

Commencement

10. This Regulation comes into force on the latest of,

(a)  the day section 6 of Schedule 7 to the Better for People, Smarter for Business Act, 2019 comes into force;

(b)  April 1, 2021; and

(c)  the day this Regulation is filed.