Order in Council 2324/2017

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. and Goldcorp Canada Limited (Goldcorp) own certain mining lands in Red Lake, Ontario and the Red Lake Gold Mines (RLGM), including a custom-built autoclave unit used to process floatation concentrate from ore milled at RLGM into gold;

And Whereas the autoclave unit was inoperable for a period of time in 2016 to make necessary repairs and this resulted in a stockpile of unprocessed concentrate, Goldcorp obtained a short-term exemption under subsection 91(3) of the Act by Order in Council O.C. 1729/2016 dated November 16, 2016 to process the concentrate outside of Canada until February 14, 2017;

And Whereas the repairs to the autoclave took several months and other technical difficulties arose, leading to an increasing stockpile of concentrate that could not be dealt with prior to the expiry of O.C. 1729/2016, an extension of the exemption was granted by Order in Council O.C. 1035/2017 dated May 18, 2017 until December 31, 2017;

And Whereas Goldcorp has been mining in an area where there is higher sulfur content in the ore which results in taking more time to process the concentrate and consequently, Goldcorp expects its production of concentrate to exceed the autoclave unit’s capacity to process it by approximately 4,500 tonnes by the end of 2017 and in subsequent years by 7,000 to 9,000 tonnes;

And Whereas it is considered advisable to approve an exemption for Goldcorp’s lands, claims or mining rights described in Schedule “A”, so that Goldcorp can process these amounts of concentrate in excess of the autoclave unit’s capacity, in the United States;

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 from January 1, 2018 until December 31, 2019.

Schedule A