Order in Council 1035/2017

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas subsection 91(1) of the Mining Act, R.S.O. 1990, Chapter M.14, provides that all lands, claims or mining rights patented, leased or otherwise disposed of under this or any other Act or by any authority whatsoever, are subject to the condition that all ores or minerals raised or removed therefrom shall be treated and refined in Canada so as to yield refined metal or other product suitable for direct use in the arts without further treatment;

And Whereas under subsection 91(3) of the said Act the Lieutenant Governor in Council may exempt any lands, claims or mining rights from the operation of the said subsection 91(1) for such period of time as seems proper;

And Whereas Goldcorp Inc. (Goldcorp) operates the Red Lake Gold Mines (RLGM) in Red Lake, Ontario;

And Whereas Goldcorp operates a custom-built autoclave unit at the RLGM to process floatation concentrate from the milling process into gold;

And Whereas the autoclave unit at the RLGM required repairs and was unable to operate for a period of time prior to completion of those repairs and therefore, Goldcorp obtained a short-term exemption under subsection 91(3) of the Act by Order in Council O.C. 1729/2016 dated November 16, 2016, effective for a period from November 14, 2016 to February 14, 2017, to have the floatation concentrate from the RLGM and more than 5,000 tonnes of floatation concentrate from the mill that had been stockpiled while the autoclave had been out of operation, processed outside of Canada;

And Whereas repairs to the autoclave took several months, leading to an increased stockpile of concentrate that could not be shipped outside of Canada for processing because the stockpile had frozen and could not be moved before the expiry of the exemption;

And Whereas it is considered advisable to approve another exemption until December 31, 2017, for those lands, claims or mining rights described in Schedule “A”, to allow the stockpiles of concentrate to be shipped outside of Canada for processing;

Therefore, pursuant to subsection 91(3) of the Mining Act, R.S.O. 1990, c. M.14, the lands, claims or mining rights described in Schedule “A” attached hereto are hereby exempted from the operation of subsection 91(1) of the Mining Act from the date this Order in Council is ordered and approved until December 31, 2017.

Schedule A – Order in Council 1035/2017