(Ontario) Reg. 240/00: Advanced Exploration, mine development and closure under Part VII of the Mining Act

Last updated: 11 December 2023

In 2021, the province of Ontario changed the name and created guidance for Regulation 240/00 of the Mining Act: Advanced exploration, mine development and closure. These changes clarify closure plan requirements demonstrating that the requirements through the mining sequence are gradual, scalable and proportional to the activities and impacts associated with each project. These changes help to build a competitive regulatory framework for all minerals, including critical minerals. 
The regulation provides guidance on improving transparency in mining development through public notice. The regulation also established a mandatory consultation process with Aboriginal communities before submitting closure plans or amendments related to mining activities. Proponents must notify the Director, conduct consultations as directed and follow written directions that may include preparing a proposed plan, submitting consultation reports and providing interim reports. Additionally, the act outlines a dispute resolution process for conflicts related to Aboriginal consultation, involving referral to a designated individual or body for facilitating consultation and providing non-appeal recommendations to the Minister.
The life of a mine begins on the date that the mining closure plan is filed or deemed to be filed. Section 24 of the Regulation lists the minimum rehabilitative measures that must be taken upon mine closure. Technical specifications for mine closure are detailed in Schedule 1: Mine Rehabilitation Code of Ontario under the following categories:
Part 1: Protection of mine openings to surface
Part 2: Open pits
Part 3: Stability of crown pillar and room and pillar operations
Part 4: Tailings dams and other containment structures
Part 5: Surface water monitoring
Part 6: Groundwater monitoring
Part 7: Metal leaching and acid rock drainage requirements
Part 8: Physical stability monitoring
Part 9: Revegetation

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