Order in Council 1729/2016

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 Goldcorp Inc. (Goldcorp) operates the Red Lake Gold Mines (RLGM) in Red Lake, Ontario; 

whereas Goldcorp operates a custom-built autoclave unit at the RLGM to process floatation concentrate from the milling process into gold;  

and whereas the autoclave unit at the RLGM requires repairs and is unable to operate for a period of time prior to completion of those repairs and, therefore, for the duration of that time period, Goldcorp is seeking a one-time exemption under subsection 91(3) of the Act to process outside of Canada any new floatation concentrate from the RLGM and more than 5,000 tonnes of floatation concentrate from the mill that has been stockpiled while the autoclave has been out of operation;

and whereas it is considered advisable to approve an exemption for three months for those lands, claims or mining rights described in Schedule "A";

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 three months, effective as of November 14, 2016 and expiring February 14, 2017.