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ontario regulation 36/24

made under the

Mining Act

Made: February 15, 2024
Filed: February 15, 2024
Published on e-Laws: February 16, 2024
Published in The �������� Gazette: March 2, 2024

Amending O. Reg. 45/11

(GENERAL)

1. �������� Regulation 45/11 is amended by adding the following section:

Interpretation

Definitions of “mine”

0.1 (1) For the purpose of clause (d) of the definition of “mine”, when used as a noun, in section 1 of the Act, any discharge or waste from the washing, crushing, grinding, sifting, reducing, leaching, roasting, smelting, refining or treating of a mineral or mineral bearing substance, or from research on a mineral or mineral bearing substance, is a prescribed substance.

(2) The following classes of plant, premises and works are not included in the definition of “mine”, when used as a noun, in section 1 of the Act:

1.�� Research facilities not located on or directly related to a site.

2.�� Analytical laboratories not located on or directly related to a site.

3.�� Refineries of scrap jewellery and metal not located on or directly related to a site.

4.�� Precious metal refineries engaged in refining only not located on or directly related to a site.

5.�� Steel mills not located on or directly related to a site.

6.�� Pits and quarries the closure or rehabilitation of which is regulated by the Aggregate Resources Act.

7.�� Facilities not located on a site or located on a site on which a closed out mine is located, if they primarily produce one or more of,

i.�� nickel sulphate,

ii.�� cobalt sulphate,

iii.�� manganese sulphate,

iv.�� lithium carbonate,

v.�� lithium hydroxide, and

vi.�� spheronized graphite.

(3) In subsection (2),

“site” has the same meaning as in Part VII of the Act.

(4) For the purposes of the definition of “mine”, when used as a verb, in section 1 of the Act, “preliminary exploration” means any exploration that is not advanced exploration.

Definition of “mine hazard”

0.2 For the purposes of the definition of “mine hazard” in section 1 of the Act, “disturbance of the ground” means the excavation or movement of rock, overburden or other material that creates a hazard to public safety or the environment because of the nature of the material or the fact that it is being excavated or moved.

2. (1) Section 9.1 of the Regulation is amended by striking out “9.8” in the portion before the first definition and substituting “9.7”.

(2) The definition of “material” in section 9.1 of the Regulation is amended by striking out “subsection 3 (2) of �������� Regulation 240/00 (Mine Development and Closure Under Part VII of the Act)” and substituting “subsection 2 (1) of �������� Regulation 35/24 (Rehabilitation of Lands)”.

3. Subsection 9.8 (2) of the Regulation is revoked.

4. Sections 13.1.1, 13.1.2 and 13.1.3 of the Regulation are amended by striking out “Director” wherever it appears and substituting in each case “Minister”.

Commencement

5. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Sections 1, 2 and 4 come into force on the later of the day subsection 27 (3) of the Building More Mines Act, 2023 comes into force and the day this Regulation is filed.

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