Mineral Exploration and Development Section Regulation 308/12 Update PRESENTATION BY: Ontario Ministry of Northern Development and Mines 2015 Prospectors and Developers Association of Canada Convention
2 What is the Current Landscape? Exploration Plans 45 40 39 35 32 Number of Plans 30 25 20 15 10 5 7 19 6 8 6 13 8 17 6 6 6 17 9 7 7 8 6 9 5 2013 2014 0
3 What is the Current Landscape? Exploration Permits 60 53 50 Number of Permits 40 30 20 10 17 14 11 15 31 11 19 20 18 7 10 8 19 20 14 8 16 16 6 8 2013 2014 0
4 Why Review Relatively New Regulations? Regulation 308/12 (Exploration Plans and Exploration Permits) has been in effect since November 2012 and became mandatory as of April 1, 2013 The MNDM committed to a review of the early exploration regulatory regime 1 year after implementation MNDM is committed to being responsive and improving the plans and permits process where opportunities exist, and to being open to comments and feedback from industry, the public, and Aboriginal communities
5 Regulatory Review Process MNDM staff were asked to provide feedback they d received from clients and Aboriginal communities about their experiences with the exploration plans and permits process as well as their own suggestions to improve the process An internal (MNDM) working group was established to assess the feedback in October 2014 Recommended changes for consideration fell into three general categories: Regulation Provincial Standards for Early Exploration Operational/Administrative (including policies and procedures)
6 Scope of Regulatory Review Mining Act Regulation 308/12 Regulation 240/00 Regulation 45/11 Regulation 6/96 Other. Provincial Standards Operational Policies
7 Proposed Regulation Changes Expand the list of those required to take the Mining Act Awareness Program to include not only the Qualified Supervisor, but also those involved in the early exploration work, as well as the proponent Comment: This would enhance the education and understanding of those involved in the execution of early exploration activities
8 Proposed Regulation Changes Clarify how the regulation applies to lands within a Closure Plan Comments: The intent of the provision was to allow Closure Plan proponents to do early exploration on the lands covered by their Closure Plan without needing an exploration plan or permit. Non Closure Plan proponents seeking to explore on mining claims within a Closure Plan would be subject to the early exploration regulatory process.
9 Proposed Regulation Changes Broaden discretion of the Director to require an exploration permit for exploration plan activities. Comments: Currently only potential impacts to Aboriginal or treaty rights may trigger the requirement for a proponent to apply for an exploration permit when undertaking plan activities A number of stakeholders (ENGOs, Cottagers, and industry) said they wanted a broader discretion for the Director to require an exploration permit for exploration plan activities.
10 Proposed Regulation Changes Allow proponent the option to submit an exploration permit application that includes exploration plan activities along with exploration permit activities. Comment: Industry and MNDM staff indicated it would simplify the process and allow Aboriginal communities to see all exploration activities within a project
11 Proposed Regulation Changes Clarify MNDMs process to amend permits taking into consideration: Administrative changes Project/scope and potential impact changes Directors discretion to require an amendment Comment: This would provide clearer guidance to proponents about the permit amendment process
12 Housekeeping Items Proposed Regulation Changes Clarification to avoid potential confusion or ambiguity in the current regulation Clarify the rules around the establishment of a circulation date Update definitions and terminology to ensure consistency throughout the 308/12 regulation: Prospectors Awareness Program/MAAP
Proposed Changes to the Provincial Standards for Early Exploration (PS) Proposed changes include Clarification of language in the PS and standardization of terminology with other legislation: 13 contained water body Enhancing environmental standards to which early exploration activities are held including: Establishment of standard buffers around water bodies (30m) Addition of drilling fluid standards similar to other jurisdictions Requiring mobilization and demobilization notices pre-post execution of early exploration work
14 Proposed Revisions to Policy Regulatory and operational changes will be supported by a revised Consultation Policy More effective and predictable processes at plans and permits stages could be established by: Re-emphasizing the graduated approach to consultation and that plans and permits trigger a process at the low end of the consultation spectrum Delegating procedural aspects of consultation to proponents on a case-bycase basis. Providing clearer guiding principles and parameters to staff for decisionmaking, leading to more consistent approaches
15 Proposed Revisions to Policy Proportionality of both process and of arrangements could be reinforced by: Expanding the Policy to address consultation across the entire mining sequence - illustrating how and why process and expectations change as projects advance Emphasizing arrangements at later stages of the mining sequence, when potential benefits and opportunities increase Creating a clearer distinction between the Crown s consultation obligations and proponents business interests in reaching agreements (social licence) by: simplifying and stating more clearly what is relevant to MNDM s consultation considerations pointing to existing examples and industry best practices and guidance with regard to proportionality of commitments at various stages
16 Operational, Administrative, and Process Changes Update and improve early exploration proponent guidance for plan submission and permit application: Sample maps and instructions on how to use MNDM online tools Update existing A Practitioners Guide to Planning and Permitting a Mineral Development Project in Ontario document to encompass early exploration and consider enhancing the document with Best Management Practices Update the Mining Act Awareness Program (MAAP) content Update the early exploration activity information sheets circulated to Aboriginal communities to provide more clarity on potential impacts Require individual consultation reports for each Aboriginal community
17 What s Next? Engage with Aboriginal communities Provide the public and other stakeholders an opportunity to comment on proposed changes Solicit input from industry at regional symposiums and via focus groups THANK YOU!
Ontario 18