Order in Council 2325/2017

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 Glencore Canada Corporation  (formerly Xstrata Canada Corporation) operates the Kidd Mine and mill near Timmins, Ontario, from which are produced concentrates of the ores or minerals raised or removed from mining lands that it controls as more particularly described in Schedule “A” attached hereto; 

And Whereas  Glencore Canada Corporation (Glencore) operates smelting and refining facilities in the province of Quebec to derive from the said concentrates zinc metal, cadmium metal and copper metal and which also yield by-products, residues, sludges and like process derivatives from the ores or minerals;

And Whereas Glencore represents that it needs to optimize the blend of feed in its smelting and refining facilities in Quebec to remain competitive and to do so, it would process some of the concentrates from its Kidd operations, which are more easily processed, outside of Canada and would substitute an equivalent amount of third party foreign and domestic concentrates that are more complex to process, to be processed in its Quebec facilities;

And Whereas the processing by-products, residues and sludges would continue to be processed or treated outside of Canada, as competitive facilities to do so are inadequate or unavailable in Canada, and the construction of specialized facilities to further process the mineral substances cannot be technically or economically justified at this time; 

And Whereas the existing exemption, under Order in Council O.C. 123/2013 dated January 23, 2013 expires December 31, 2017 and Glencore is seeking a further exemption;

And Whereas it is considered advisable to approve a further exemption for those lands, claims or mining rights described in Schedule “A”, for a period of five years;

Therefore, pursuant to subsection 91(3) of the Mining Act, R.S.O. 1990, c. M.14, the lands, claims or mining rights as described in Schedule “A” attached hereto are hereby exempted from the operation of subsection 91(1) of the Mining Act from January 1, 2018 to December 31, 2022.

Schedule A