Order in Council 1132/2021

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 Evolution Mining Gold Operations Ltd. (“Evolution”) and Evolution Red Lake Nominee Ltd. own certain mining lands in Red Lake, Ontario, and Evolution owns the Red Lake Gold Mines (“RLGM”), including an autoclave unit used to process floatation concentrate from ore milled at RLGM into gold;

And whereas there has been an increase in lower grade ore being extracted from the RLGM, and the ore has an increased sulfur content which results in more time and oxygen to process the concentrate, and consequently the production of concentrate has already exceeded the autoclave unit’s capacity to process it;

And whereas Evolution plans to undertake upgrades to their oxygen plant, which would increase the available oxygen supply, and increase the autoclave unit’s processing capacity;

And whereas it is considered advisable to approve an exemption for the lands as described in the attached Schedule “A”, so that Evolution can process the amounts of concentrate in excess of the autoclave unit’s capacity outside of Canada;

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

Schedule “A”