Order in Council 1131/2021

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 the applicant Glencore Canada Corporation (“Glencore”) holds mining lands as described in Schedule “A”;

And whereas Glencore obtained Order in Council O.C. 1004/2016, approved and ordered June 22, 2016, exempting certain lands, claims or mining rights described in a Schedule attached thereto from the operation of subsection 91(1) of the Mining Act, R.S.O. 1990, c. M.14, effective as of January 1, 2017 and expiring December 31, 2021;

And whereas Order in Council O.C. 1004/2016 referred to the initial processing of Glencore’s nickel and nickel-copper ore being carried out in Sudbury to create a matte, which is then shipped to Glencore’s offshore refinery for final processing;

And whereas Order in Council O.C. 1004/2016 expires on December 31, 2021;

And whereas initial processing of Glencore’s nickel and nickel-copper ore continues to be carried out in Sudbury to create a matte, but requires final processing at Glencore’s offshore refinery;

And whereas it is considered advisable to approve an exemption for five years for those mining lands described in Schedule “A”;

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 for a period of five years effective as of the date this Order in Council is approved and ordered, and Order in Council O.C. 1004/2016 is revoked as of the same date.

Schedule "A"