Order in Council 999/2022

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 Vale Canada Limited (“Vale”) holds mining lands as described in Schedule “A”;

And whereas Vale obtained Order in Council O.C. 1034/2017, approved and ordered May 18, 2017, exempting certain lands, claims or mining rights described in a Schedule attached thereto from the operation of subsection 91(1) of the Mining Act, effective as of June 27, 2017 and expiring June 26, 2022;

And whereas Vale operates mines in Ontario to extract nickel and, in the course of its nickel mining operations, copper ores are produced, which Vale processes into copper concentrates and copper anodes at its Sudbury facilities;

And whereas Order in Council O.C. 1034/2017 referred to the majority of Vale’s copper ore production taking place in Canada, but for excess ore production beyond available processing capacity, which required an exemption to ensure that Vale could access processing facilities outside of Canada in the event that adequate processing capacity in Canada was not available or could not be secured on sustainable commercial terms;

And whereas Order in Council O.C. 1034/2017 expires on June 26, 2022;

And whereas the majority of Vale’s copper ore production is fully processed in Canada, but Vale continues to require access to processing facilities outside of Canada, in the event that adequate processing capacity in Canada is not available or cannot be secured on sustainable commercial terms;

And whereas it is considered advisable to approve an exemption for five years for those mining lands 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 five years effective as of the date this Order in Council is approved and ordered, and Order in Council O.C. 1034/2017 is revoked as of the same date.

Schedule "A"