Building More Mines Act 2023 open for industry comment

On March 2, George Pirie, Minister of Mines announced on behalf of the Government of Ontario Bill 71, the Building More Mines Act, which if passed, would amend the Mining Act (Ontario). These amendments represent continued steps by the Government of Ontario to improve and streamline the mineral permitting process and regulatory oversight, consistent with its critical mineral strategy and the ongoing efforts of the Government of Ontario to modernize the Mining Act.

What you need to know

Bill 71, if passed, would amend legislation relating to closure plans, recovery permits and statutory decision-making, and financial assurance.

• Closure planning. Project proponents are currently required to prepare a plan to rehabilitate a site or mine hazard. Bill 71 would amend the definitions of “rehabilitate” and “protective measures” to allow for alternate post-closure land uses, as well as for a different use, condition or feature to remain post-closure. The amendments would also allow the Minister of Mines to issue an order allowing for the deferral of at least one of the required elements of a proponent’s closure plan.
• Recovery of minerals and statutory decision-making. To obtain a permit authorizing the recovery of minerals from tailings or other waste materials, currently an applicant must demonstrate that the proposed activity will improve the condition of the land following recovery and remediation. The amendments would replace that requirement with a requirement that the land be made “comparable to or better than” the prior condition, with respect to one or both of public health and safety or the environment. The amendments would also allow certain changes to be made to closure plans without an amendment and eliminate the need for a notice of material change for certain site alterations.
• Financial assurance. The proposed amendments would codify the practice of phased financial assurance tied to the development of new mining features.
• In addition, the amendments establish the concept of “qualified persons” in the Mining Act, a change that could eliminate the requirement for a ministry technical review.
• Background. Bill 71 comes on the heels of recently introduced critical minerals strategies by the governments of Canada and Ontario. Both levels of government have called for streamlined mineral permitting and regulatory processes, citing the sector’s importance to the digital and green technology sectors.
• Timing. The proposed amendments in Bill 71 are open for public comment until April 16.