Early exploration mining
 23.10 (1) This section applies with respect to a mining activity that constitutes early exploration as defined in subsection 1 (1) of Ontario Regulation 308/12 (Exploration Plans and Exploration Permits) made under the Mining Act
if, (a) the activity is listed in Schedule 2 of Ontario Regulation 308/12 and is included in an exploration plan that was submitted to the Director under section 5 of that regulation; (b) the activity is listed in Schedule 3 of Ontario Regulation 308/12 and is authorized by a permit issued under section 78.3 of the Mining Act; or (c) the activity is authorized by a permit issued under section 78.3 of the Mining Act that was required by a Director under section 18 of Ontario Regulation 308/12. O. Reg. 176/13, s. 14. (2) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who, while carrying out an activity described in subsection (1), kills, harms, harasses, captures or takes a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species, or damages or destroys the habitat of such a species, if the person satisfies all of the conditions set out in subsection (4). O. Reg. 176/13, s. 14. (3) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a member of a species if, (a) pursuant to subsection (2), clause 9 (1) (a) of the Act did not apply with respect to the member of the species; or (b) the possession or transport of the member of the species is necessary in order to satisfy the conditions set out in subsection (4). O. Reg. 176/13, s. 14. (4) The following are the conditions that a person who carries on an activity described in subsection (1) must satisfy for the purposes of subsection (2): 1. Before doing anything, in the course of carrying out the activity, that is prohibited under clause 9 (1) (a) or subsection 10 (1) of the Act, the person must, i. subject to subsection (5), give the Minister notice of the activity by submitting a notice of activity form available on the Registry to the Minister through the Registry, ii. subject to subsection (6), prepare in accordance with subsection (7) a mitigation plan that meets the requirements of subsection (8). 2. The person must ensure that the notice of activity form includes, i. the proposed start and end dates for the activity, ii. the location at which the activity will be carried out, and iii. a list of all the species that are listed on the Species at Risk in Ontario List as endangered or threatened species and that will likely be affected by the activity. 3. The person must follow the requirements set out in section 23.3 with respect to the completion of the notice of activity form, the keeping of records relating to the notice of activity form and the updating of the information on the Registry. 4. While carrying out the activity, the person must, i. comply with the requirements of the mitigation plan, and ii. ensure that reasonable steps are taken to minimize the adverse effects of the activity on the species identified in the notice of activity form, including the steps described in subsection (10) and such other steps as may be described in the mitigation plan. 5. The person must, i. retain a copy of the mitigation plan for at least five years after the activity is complete, ii. provide a copy of the mitigation plan to the Ministry within 14 days of receiving a request for it, and iii. ensure that, at the times determined under section (9), the mitigation plan is updated in accordance with subsection (7) to include information obtained while monitoring the effects of the activity under paragraph 6. 6. While carrying out the activity, the person must monitor, i. the effects of the activity on each species identified in the notice of activity form, and ii. the effectiveness of the steps taken to minimize or avoid adverse effects on each species. 7. Within 180 days of the completion of the activity, the person must, i. prepare a report on the activity in accordance with subsection (11), and ii. if the activity occurs within the habitat of caribou (boreal population), prepare the information specified in subsection (12) and submit it to the Minister. 8. The person must retain a copy of the report on the activity referred to in subparagraph 7 i for at least five years after it is prepared and provide a copy of it to the Ministry within 14 days of receiving a request for it. 9. If the person or an employee or agent of the person observes a species identified in the notice of activity form in the course of carrying out the activity, the person must ensure that, within three months of the observation, the Ontario Species at Risk Observation Reporting Form available on a website maintained by the Government of Ontario is completed, detailing the species and number of individual members that were observed, the date and location of observation and any other information requested on the form. O. Reg. 176/13, s. 14; O. Reg. 308/16, s. 8 (1); O. Reg. 218/18, s. 8; O. Reg. 831/21, s. 17. (5) If a person commences an activity described in subsection (1) before a species that is listed on the Species at Risk in Ontario List as endangered or threatened first appears in the area where the activity is being carried out, the person is not required to submit a notice of activity form before doing anything in relation to that species that is prohibited under clause 9 (1) (a) or subsection 10 (1) of the Act, so long as the person submits the notice of activity form to the Minister as soon as is reasonably possible after the date the species first appears. O. Reg. 176/13, s. 14. (6) A person who carries out an activity described in subsection (1) is not required to complete the preparation of a mitigation plan until the following dates if the following circumstances apply: 1. If the mitigation plan relates to a species that was added to the Species at Risk in Ontario List as an endangered or threatened species for the first time on or after January 24, 2013, but no later than the date specified in section 0.1, the second anniversary of the day the species was so added. 2. If the mitigation plan relates to a species that first appears in the area of the activity after the activity commences, the earlier of, i. three years after the date the species first appears in the area, and ii. if the activity is completed before the end of the three-year period described in subparagraph i, the day the person begins to restore, create or enhance habitat as required under paragraph 11 of subsection (10). O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 5. (7) A mitigation plan shall be prepared and updated by one or more persons with expertise in relation to every species that is the subject of the plan, using the best available information on steps that may help minimize or avoid adverse effects on the species, which includes consideration of information obtained from the Ministry, aboriginal traditional knowledge and community knowledge if it is reasonably available. O. Reg. 176/13, s. 14. (8) A mitigation plan prepared with respect to an activity described in subsection (1) must include the following information: 1. The name and contact information of the person carrying out the activity. 2. The following information with respect to the activity: i. the proposed start and completion dates of the activity, ii. a description of all of the stages of the activity and a timeline for the stages, and iii. a map indicating the geographic location of the activity at a scale of no greater than 1:20,000. 3. A list of species that are listed on the Species at Risk in Ontario List as endangered or threatened species that will likely be affected by the activity and an assessment of those effects on the individual members of the species and their habitat. 4. Details of the steps the person will take during the activity to minimize or avoid the adverse effects on species identified under paragraph 3, including, i. details of the steps described in subsection (10), such as the dates on which, and locations at which, each step will be taken, and ii. the times during the year at which a species identified under paragraph 3 is likely to be carrying out a life process related to hibernation or reproduction, including rearing, and at which activities that are likely to kill, harm or harass a member of the species should not be carried out. 5. Details regarding the steps the person will take to monitor the effects of the activity on members of the species identified under paragraph 3 and the effectiveness of the steps taken to minimize adverse effects on the species. O. Reg. 176/13, s. 14. (9) A person who is carrying out an activity described in subsection (1) shall update the mitigation plan prepared with respect to the activity on or before the following time: 1. If the activity is included in an exploration plan referred to in clause (1) (a) and the plan reaches the end of its effective period before the activity is complete, the day the effective period ends. 2. If the activity is authorized by a permit referred to in clause (1) (b) or (c) and the permit expires before the activity is complete, the day the permit expires. O. Reg. 176/13, s. 14. (10) The following are the steps that a person must take to minimize the adverse effects of the activity described in the notice of activity form submitted to the Minister under subparagraph 1 i of subsection (4) on the species identified in the form: 1. The person must not kill, harm or harass caribou (boreal population) during a time of year when caribou (boreal population) are likely to be carrying out a life process related to feeding, migration or reproduction, including rearing. 2. The person must take reasonable steps to minimize or avoid killing, harming or harassing a member of a species identified in the notice of activity form, other than the caribou (boreal population), during a time of year when the species is likely to be carrying out a life process related to hibernation or reproduction, including rearing. 3. The person must not carry out any part of the activity in an area that is being used, or has been used at any time in the previous three years, by a member of a species identified in the notice of activity form to carry out a life process related to hibernation or reproduction, including rearing. 4. The person must not possess or transport a member of a species identified in the notice of activity form for a period longer than is necessary to avoid or minimize adverse effects to the member. 5. If the person encounters an animal that is a member of the species while carrying out the activity, the person must cease carrying out the activity in the area of the encounter and provide the animal with a reasonable amount of time to leave the area before continuing the activity. 6. If, after providing an animal with a reasonable amount of time in accordance with paragraph 5 the animal does not leave the area, the person must take measures to relocate the animal to a nearby location that is suitable and safe for the animal. 7. If the person encounters a moss, lichen or vascular plant that is a member of the species in the course of carrying out the activity and it is not necessary to kill or harm the member for the purpose of carrying out the activity, the person must, i. cease the activity in the area of the encounter, ii. install and maintain barriers or other structures to create a protective zone around the species, and iii. after establishing the protective zone referred to in subparagraph ii, continue the activity in a manner that does not impair the ability of the species to carry out its life processes, including reproduction. 8. If it is necessary to kill or harm a moss, lichen or vascular plant referred to in paragraph 7 for the purpose of carrying out the activity, the person must relocate the moss, lichen or vascular plant to a nearby location within the species’ habitat that is suitable and safe for the species so that it is not killed or harmed, provided it is feasible to do so. 9. The determination under paragraph 8 as to whether it is feasible to relocate a moss, lichen or vascular plant must be made by the person using the best available information with respect to the suitability of relocating that species, including information obtained from the Ministry. 10. The relocation of an animal or of a moss, lichen or vascular plant in accordance with paragraph 6 or 8 must be undertaken by, or in consultation with, a person who is knowledgeable about, or has training in, the handling of the species. 11. Before the end of the activity, the person must take reasonable steps to, i. restore any habitat of the species that was damaged or destroyed by the activity, to the extent it is feasible to do so, or ii. create habitat for the species, or enhance an existing habitat for the species, in the same ecoregion as the habitat that was damaged or destroyed by the activity, in a manner that minimized the overall loss of habitat for the species resulting from the activity. O. Reg. 176/13, s. 14; O. Reg. 308/16, s. 8 (2). (11) The report on the activity that the person is required to prepare under subparagraph 7 i of subsection (4) shall include, (a) a list of the species identified in the notice of activity form submitted to the Minister under subparagraph 1 i of subsection (4) that were observed in the course of carrying out the activity and the circumstances relating to the observation, including the location, date and time of the observation; and (b) a description of the steps taken by the person in the course of carrying out the activity to minimize adverse effects on the species identified in the notice, including the locations where the steps were taken, and an assessment of the effectiveness of those steps. O. Reg. 176/13, s. 14. (12) The information that a person is required to prepare under subparagraph 7 ii of subsection (4) shall include a detailed description of, (a) the nature of the activity; and (b) the area within the habitat of caribou (boreal population) in which the activity was carried out, including its geographic location and size. O. Reg. 176/13, s. 14; O. Reg. 308/16, s. 8 (3). (13) This section does not apply to Golden Eagle. O. Reg. 176/13, s. 14.