Order in Council 1341/2019

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 Avalon Advanced Materials Incorporated (“Avalon”) holds a mining lease of certain lands located north of Kenora, Ontario, referred to as the Separation Rapids Project, where it proposes to extract a bulk sample of lithium;

And whereas a portion of the bulk sample will be processed and tested to determine if the resulting product is suitable for industrial use, while the remainder would be held for further testing;

And whereas Avalon represents that the particular form of lithium in its bulk sample cannot be processed at any facility in Canada at this time, and accordingly, Avalon intends to have its bulk sample processed outside of Canada;

And whereas it is considered advisable to approve an exemption for Avalon’s leased mining lands as described in the attached Schedule “A”, for a period of two years to allow the processing of the bulk sample outside of Canada for product testing;

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 two years from the date this Order in Council is ordered and approved.

Schedule "A"