Order in Council 142/2018

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, FNX Mining Company Inc. (FNX) currently operates mines in the Sudbury area, producing a variety of metal ores, which are initially processed in Ontario but require final processing at offshore refineries because  there are not adequate facilities in Canada to fully process them;

And Whereas FNX was granted its existing exemption under Order in Council O.C. 1003/2016 ordered and approved June 22, 2016, which refers to its ore being processed initially in Ontario with final refining offshore, at the facilities of a specific company but FNX may have some of its ore processed at different facilities in Ontario and offshore;

And Whereas FNX wishes to amend its current exemption in O.C. 1003/2016 to better reflect the way the ores may be processed and it is considered advisable to do so;

Therefore pursuant to subsection 91(3) of the Mining Act, R.S.O. 1990, c. M.14, O.C. 1003/2016 is revoked and replaced and the lands, claims or mining rights described in Schedule "A" attached hereto, are hereby exempted from the operation of subsection 91(1) of the said Act and, effective as of the date that this Order in Council is approved and ordered until June 21, 2021.

Schedule "A"