Order in Council 1361/2020

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, c. 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 periods of time as seems proper;

And whereas the applicant, Vale Canada Limited (Vale), operates mines in the Province of Ontario from which are produced minerals used in the production of semi-refined precious metals, nickel oxide sinter, nickel sulphate residue and nickel sulphide matte, which require final processing outside of Canada;

And whereas by-products, residues and similar process derivatives may result from the processing of these minerals in Ontario, for which further treatment and refining is required outside of Canada;

And whereas Vale obtained an exemption under subsection 91(3) in Order in Council O.C. 1661/2015 dated November 25, 2015 and expiring December 31, 2020, which indicates that final processing of these materials would take place at Vale’s own refinery facilities outside of Canada;

And whereas Vale has changed its processing arrangements and now represents that it does not have the capability to perform all of the final processing, treatment, or refining of these materials at its own facilities, and accordingly seeks to sell certain of these materials to third parties in Asia, Europe, and the United States for further processing, treatment, or refining, as applicable;

And whereas it is considered advisable to have the Order in Council approving Vale’s exemption reflect this change in arrangements, and for the exemption to continue beyond December 31, 2020;

Therefore pursuant to subsection 91(3) of the Mining Act, R.S.O. 1990, Chap M.14, the lands, claims or mining rights described in Schedule "A" attached hereto, are hereby exempt from the operation of subsection 91(1) of the said Act for a period of five years effective as of the date this Order in Council is approved and dated and Order in Council O.C. 1661/2015 is revoked as of the same date.

Schedule "A"