Domestic Processing Requirement/Exemption

Subsection 91(1) of the Mining Act states that all lands are subject to the condition that "all ores or minerals raised or removed therefrom shall be treated and refined in Canada" and failure to do so may result in the title of the mining lands, claims or mining rights becoming voided.

Subsection 91(3) states that the Lieutenant Governor in Council may exempt any lands, claims or mining rights from the operation of the above section for a period of time as seems proper.
To apply for an exemption under Subsection 91(3), a proponent must submit in writing a request for an exemption that includes the following:

• Rationale for an exemption including where ores or minerals are to be treated and why they cannot be treated in Canada
• Amount and description of ores or minerals to be exempted
• Detailed description of location(s) from where ores or minerals are being removed
• Proposed length of time for which the exemption may be required

to

• Cindy Blancher-Smith
  Director
  Mineral Development and Lands Branch
  Ministry of Northern Development, Mines and Forestry
  B6 – 933 Ramsey Lake Road
  Sudbury, ON P3A 6B5

Please allow 3 to 4 months for the processing of such a request.

If you have any questions about the exemption process, please contact a member of the Mineral Development staff.