Order in Council 1614/2021

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 Impala Canada Ltd. (“Impala”) owns certain mining lands, formerly owned by Lac des Iles Mines Ltd.;

And whereas Impala operates a palladium mine and a concentrator in the Thunder Bay area, which produce a palladium concentrate;

And whereas Order in Council O.C. 1002/2016 referred to processing arrangements for the palladium concentrate to be initially smelted at three different facilities: in Sudbury, Ontario, Rouyn-Noranda, Quebec and in Hamburg, Germany, and in all cases, final refining was done outside of Canada;

And whereas Order in Council O.C. 1002/2016 expires on December 31, 2021;

And whereas initial processing of Impala’s palladium concentrate continues to be carried out in Ontario and Quebec, but requires final processing 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 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. 1002/2016 is revoked as of the same date.

Schedule "A"