Table of Contents
- 1.Effective November 1, 2012
- 2.What is the process for filing a closure plan?
- 3.Closure Plans FAQ
The Ministry of Northern Development and Mines (MNDM) has made changes to sections of the Ontario Regulation 240/00. These changes formalize the requirements for Aboriginal consultation for those submitting closure plans and closure plan amendments (proponents) for advanced exploration and mine production stage projects.
Effective November 1, 2012
The changes require that Aboriginal consultation be conducted prior to submitting a certified closure plan or certified closure plan amendment and pursuant to direction from the Director of Mine Rehabilitation. Transition provisions may apply to projects initiated prior to November 1, 2012. Please refer to Ontario Regulation 240/00 or contact the Mineral Exploration and Development Section office in Sudbury, Thunder Bay or Timmins.
What is the process for filing a closure plan?
- Notification: Proponents must notify MNDM by completing either a Notice of Project Status or a Notice of Material Change in advance of the proposed submission of a Closure Plan.
- Aboriginal consultation: Proponents are encouraged to consult Aboriginal communities, as identified by MNDM, early in the process, even prior to formally submitting a Notice of Project Status or a Notice of Material Change. If consultation occurs prior to the submission, an Aboriginal Consultation Report should accompany the Notice of Project Status or Notice of Material Change when submitted.
- Review: MNDM will review the notice and provide written direction with respect to consultation with Aboriginal communities. Direction will include which Aboriginal communities are to be consulted, whether a proposed plan for consultation is required to be prepared, and when interim reports will be required. If a Plan of Consultation is required, MNDM will give direction as to what is required to be included in that plan.
- Consultation process: The proponent must conduct consultation as directed by the ministry. MNDM staff may participate in the consultation process and will continue to provide oversight and direction. MNDM staff can also help to facilitate the consultation process and may consider referral of the process to a third party if issues are outstanding that would benefit from the facilitation of an independent third party.
- Filing: The proponent may only file a certified closure plan or closure plan amendment after having conducted consultation pursuant to the direction provided by MNDM. A consultation report must accompany the certified closure plan or closure plan amendment. Financial assurance must also be submitted to the Financial Assurance Coordinator at this time.
Closure Plans FAQ
When do the changes to the regulations concerning closure plans come into effect?
The changes come into effect as of November 1, 2012. Transition provisions may apply to projects initiated prior to November 1, 2012. Please refer to Ontario Regulation 240/00 or contact your local MNDM office for more information.
How do the changes to regulations affect closure plans?
The changes formalize and clarify the requirements for Aboriginal consultation relating to closure plans for advanced exploration and mine production stage projects.
Aboriginal consultation must be completed before a closure plan is submitted and there have been changes to the Notice of Project Status and Notice of Material Change forms. These forms must be provided well in advance of the proposed submission of a closure plan. Please refer to Ontario Regulation 240/00 or contact your local MNDM office for more information.
How do I find out which Aboriginal communities I must consult?
Contact a Mineral Exploration and Development Consultant at an MNDM office in Sudbury, Thunder Bay or Timmins, and they will identify which Aboriginal communities you must consult.