152 (1) A proponent may appeal to the Tribunal, (a) an order requiring the submission of a closure plan under subsection 147 (1); (b) an order requiring changes to a filed closure plan or to filed amendments to a closure plan under section 143.1; or (c) an order for the performance of rehabilitation measures under subsection 145 (2). 2019, c. 14, Sched. 7, s. 10 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 152 (1) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 17 (1)) Appeals Appeal to Tribunal (1) A proponent may appeal to the Tribunal, (a) an order requiring the submission of a closure plan under subsection 147 (1); (b) an order requiring changes to a filed closure plan under section 143.1; or (c) an order for the performance of rehabilitation measures under section 146. 2023, c. 6, s. 17 (1). Notice (2)  The proponent may appeal an order or action under subsection (1) if, within 30 days after receiving the Director’s order or being informed of the Director’s action, the proponent serves the Director with the prescribed notice requiring a hearing before the Tribunal.  1996, c. 1, Sched. O, s. 28; 2017, c. 8, Sched. 17, s. 7 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection 152 (2) of the Act is amended. (See: 2023, c. 6, s. 17 (2)) Hearing (3)  The Director shall refer the matter to the Tribunal for a hearing within 30 days after being served.  1996, c. 1, Sched. O, s. 28; 2017, c. 8, Sched. 17, s. 7 (1). Automatic stay unless removed (4)  Upon service on the Director of the notice under subsection (2), the Director’s order is stayed until the Tribunal disposes of the appeal unless the Director applies, upon notice, for a removal of the stay.  1996, c. 1, Sched. O, s. 28; 2017, c. 8, Sched. 17, s. 7 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 152 (4) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 17 (3)) Automatic stay unless removed (4) Upon service on the Minister of the notice under subsection (2), the Minister’s order is stayed until the Tribunal disposes of the appeal unless the Minister applies, on notice, for a removal of the stay. 2023, c. 6, s. 17 (3). Grounds for removal of stay (5)  The Tribunal may remove the stay if the matter being appealed relates to changes to a filed closure plan or to the performance of rehabilitation measures. 1996, c. 1, Sched. O, s. 28; 2017, c. 8, Sched. 17, s. 7 (1); 2019, c. 14, Sched. 7, s. 10 (2); 2023, c. 6, s. 17 (4). Refusal by Tribunal (6)  Despite subsection (4), the Tribunal shall refuse to hear an appeal of an order for changes to a filed closure plan or to filed amendments to a closure plan that require an increased amount of financial assurance unless the proponent has provided the Director, along with the notice of appeal, with the increased amount of financial assurance required, which amount shall be held by the Crown pending the outcome of the appeal. 1996, c. 1, Sched. O, s. 28; 2017, c. 8, Sched. 17, s. 7 (1); 2019, c. 14, Sched. 7, s. 10 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 152 (6) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 17 (5)) Refusal by Tribunal (6) Despite subsection (4), the Tribunal shall refuse to hear an appeal of an order for changes to a filed closure plan that require an increased amount of financial assurance unless the proponent has provided the Minister, along with the notice of appeal, with the increased amount of financial assurance required, which amount shall be held by the Crown pending the outcome of the appeal. 2023, c. 6, s. 17 (5). Waiver (7)  The Tribunal upon application with notice by the proponent may waive the requirement under subsection (6) if the Tribunal considers it just to do so.  1996, c. 1, Sched. O, s. 28; 2017, c. 8, Sched. 17, s. 7 (1). Power of Tribunal on appeal (8)  Upon hearing the proponent’s appeal, the Tribunal may confirm, alter or revoke the Director’s order or action that is the subject-matter of the appeal.  1996, c. 1, Sched. O, s. 28; 2017, c. 8, Sched. 17, s. 7 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 152 (8) of the Act is amended by striking out “the Director’s order or action” and substituting “the Minister’s order or action”. (See: 2023, c. 6, s. 17 (6)) Procedure (9)  Sections 114, 121, 124, 128 and 129 of this Act apply to appeals under this section with necessary modifications.  1996, c. 1, Sched. O, s. 28; 2021, c. 4, Sched. 6, s. 62 (13). Appeal to Divisional Court (10)  An appeal lies to the Divisional Court on a question of law from any decision of the Tribunal under subsection (8) in accordance with the rules of court.  1996, c. 1, Sched. O, s. 28; 2017, c. 8, Sched. 17, s. 7 (1). (11)  Repealed: 2021, c. 4, Sched. 10, s. 2 (1). Parties (12)  The person requiring the hearing, the Director and any other person specified by the Tribunal are parties to the hearing.  1996, c. 1, Sched. O, s. 28; 2017, c. 8, Sched. 17, s. 7 (1). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 28 - 30/06/2000 2009, c. 21, s. 62
- 28/10/2009 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 2019, c. 14, Sched. 7, s. 10 (1-3) - 01/04/2021 2021, c. 4, Sched. 6, s. 62 (13) - 01/06/2021; 2021, c. 4, Sched. 10, s. 2 (1) - 01/06/2021 2023, c. 6, s. 17 (1-3, 5, 6), 28 (1) - not in force; 2023, c. 6, s. 17 (4)
- 21/07/2023 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2021, c. 34, Sched. 12, s. 7) Recovery and Remediation Permit to recover minerals, mineral bearing substances 152.1 (1) Any person may, subject to section 152.2, apply to the Director for a permit authorizing the recovery of minerals or mineral bearing substances from tailings or other waste materials resulting from mining. 2021, c. 34, Sched. 12, s. 7. Terms and conditions (2) A recovery permit is subject to the following terms and conditions: 1. That the permit holder shall ensure the remediation of the land on which the tailings or other waste materials are located, such that the condition of the land with respect to one or both of public health and safety or the environment is improved following the recovery and remediation, as determined by the Director. Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force, paragraph 1 of subsection 152.1 (2) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 18 (1)) 1. That the permit holder shall ensure the remediation of the land on which the tailings or other waste materials are located, such that the condition of the land with respect to public health and safety and the environment following the remediation is comparable to or better than it was before the recovery, as determined by the Minister. 2. Any terms and conditions that the Director determines are appropriate and specifies in the permit, which may include a requirement that the permit holder provide financial assurance, in the form and amount specified by the Director in the permit, to the Crown in right of Ontario for either or both of, i. the performance of any activity authorized by the permit that is specified in the permit for the purposes of the requirement, and ii. measures taken to prevent, eliminate or ameliorate any adverse effect arising from the recovery or remediation undertaken under the permit. 2021, c. 34, Sched. 12, s. 7. Application (3) An application under subsection (1) must be made in accordance with the regulations, and must contain, (a) a recovery and remediation plan that meets the prescribed requirements, setting out, (i) a description of the land on which the tailings or other waste materials are located, (ii) how the minerals or mineral bearing substances would be recovered, (iii) how the land would be remediated such that the condition of the land with respect to one or both of public health and safety or the environment is improved following the recovery and remediation, as determined by the Director, Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force, subclause 152.1 (3) (a) (iii) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 18 (2)) (iii) how the land would be remediated such that the condition of the land with respect to public health and safety and the environment following the remediation is comparable to or better than it was before the recovery, as determined by the Minister, (iv) the estimated costs of the recovery and remediation, (v) a proposed schedule for the recovery and remediation, and (vi) any other information specified by the regulations; (b) the written consent to the recovery and remediation of every owner of the land that is not the applicant or the Crown; and (c) any other prescribed document or information. 2021, c. 34, Sched. 12, s. 7. Determination of application (4) The Director shall review the application and determine whether to issue a recovery permit or reject the application. 2021, c. 34, Sched. 12, s. 7. Considerations (5) In deciding whether to issue a permit and what additional terms and conditions, if any, should apply to it, the Director shall consider, (a) the purpose of this Act; (b) whether Aboriginal consultation has occurred in accordance with any prescribed requirements; (c) any arrangements that have been made with a surface rights owner of the land respecting the proposed recovery and remediation; (d) whether, if the remediation were carried out in accordance with the proposed recovery and remediation plan, the condition of the land with respect to one or both of public health and safety or the environment would be improved following the recovery and remediation; and Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force, clause 152.1 (5) (d) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 18 (3)) (d) whether, if the remediation were carried out in accordance with the proposed recovery and remediation plan, the condition of the land with respect to public health and safety and the environment following the remediation would be comparable to or better than it was before the recovery; and (e) any other prescribed matter. 2021, c. 34, Sched. 12, s. 7. Plan to form part of permit (6) A recovery permit that is issued by the Director shall include the recovery and remediation plan proposed by the permit holder, subject to any modifications specified by the Director. 2021, c. 34, Sched. 12, s. 7. Effective duration of permit (7) A recovery permit is effective from the later of the day it is issued and the day on which the Director gives notice to the permit holder acknowledging that the financial assurance, if any, required by the permit has been provided, and ceases to be effective on the date specified in the permit. 2021, c. 34, Sched. 12, s. 7. Amendment, renewal of permit (8) On application by the permit holder in accordance with the regulations or on the Director’s own initiative, the Director may, after considering the matters listed in subsection (5), amend or renew a recovery permit. 2021, c. 34, Sched. 12, s. 7. Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021
comes into force, section 152.1 of the Act is amended by striking out “the Director” and “the Director’s” wherever they appear and substituting in each case “the Minister” or “the Minister’s” respectively. (See: 2023, c. 6, s. 28 (2)) Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 12, s. 7 - not in force 2023, c. 6, s. 18 (1-3), 28 (2) - not in force Excluded lands 152.2 (1) Subsection 152.1 (1) does not apply with respect to tailings or other waste materials that are located on, (a) any prescribed land or class of land; or (b) any land designated by the Director under subsection (2). 2021, c. 34, Sched. 12, s. 7. Designations (2) The Director may designate specified lands for the purposes of clause (1) (b). 2021, c. 34, Sched. 12, s. 7. Designations shall be public (3) The Director shall publish every designation made under subsection (2) on a website of the Government of Ontario. 2021, c. 34, Sched. 12, s. 7. Conflict (4) In the event of a conflict between a regulation made for the purposes of clause (1) (a) and a designation made under subsection (2), the regulation prevails to the extent of the conflict. 2021, c. 34, Sched. 12, s. 7. Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force, section 152.2 of the Act is amended by striking out “the Director” and “the Director’s” wherever they appear and substituting in each case “the Minister” or “the Minister’s” respectively. (See: 2023, c. 6, s. 28 (2)) Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 12, s. 7 - not in force 2023, c. 6, s. 28 (2)
- not in force Compliance with permit 152.3 Every recovery permit holder shall comply with the permit, including, for greater certainty, the recovery and remediation plan that forms part of the permit and the terms and conditions to which the permit is subject. 2021, c. 34, Sched. 12, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 12, s. 7 - not in force Transfer of permit 152.4 (1) A recovery permit holder may transfer the permit to another person if the Director has consented in writing to the transfer and the transfer is carried out in accordance with such terms and conditions as the Director specifies in writing. 2021, c. 34, Sched. 12, s. 7. Transferee bound by permit (2) A recovery permit that is transferred to a person under subsection (1) is binding on and enforceable against the person. 2021, c. 34, Sched. 12, s. 7. Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force, section 152.4 of the Act is amended by striking out “the Director” and “the Director’s” wherever they appear and substituting in each case “the Minister” or “the Minister’s” respectively. (See: 2023, c. 6, s. 28 (2)) Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 12, s. 7 - not in force 2023, c. 6, s. 28 (2)
- not in force Return or release of financial assurance 152.5 The Director may, on the request of a recovery permit holder to return or release any or all financial assurance provided by the permit holder in accordance with the permit, make an order returning or releasing the amount, if the Director is satisfied that the amount is not required in respect of the permit. 2021, c. 34, Sched. 12, s. 7. Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force, section 152.5 of the Act is amended by striking out “the Director” and “the Director’s” wherever they appear and substituting in each case “the Minister” or “the Minister’s” respectively. (See: 2023, c. 6, s. 28 (2)) Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 12, s. 7 - not in force 2023, c. 6, s. 28 (2)
- not in force Director may make orders Re non-compliance with permit 152.6 (1) If the Director has reasonable grounds for believing that a recovery permit holder has failed to comply with the permit, the Director may, by order, (a) require the permit holder to achieve compliance with the permit within the time specified in the order; (b) require the permit holder to prevent the continuation or repetition of the failure to comply within the time specified in the order; (c) require the permit holder to cease carrying out activities under the permit until the failure to comply is addressed to the Director’s satisfaction and the order to cease activity has been revoked; or (d) cancel the permit. 2021, c. 34, Sched. 12, s. 7. Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force, the French version of subsection 152.6 (1) of the Act is amended. (See: 2023, c. 6, s. 19 (1)) To repair or prevent injury, etc. (2) If the Director has reasonable grounds for believing that the activities being carried out under a recovery permit have injured, damaged or endangered public health and safety or the environment, or are likely to do so, the Director may, by order, require the permit holder, any owner of the land, or all of them jointly to repair the injury or damage or prevent the injury, damage or danger. 2021, c. 34, Sched. 12, s. 7. Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force, the French version of subsection 152.6 (2) of the Act is amended. (See: 2023, c. 6, s. 19 (2)) Failure to comply (3) Failure to comply with an order made under clause (1) (a), (b) or (c) or subsection (2) constitutes an offence that continues for each day during which the failure continues. 2021, c. 34, Sched. 12, s. 7. Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force, the French version of subsection 152.6 (3) of the Act is amended. (See: 2023, c. 6, s. 19 (3)) Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force, section 152.6 of the Act is amended by striking out “the Director” and “the Director’s” wherever they appear and substituting in each case “the Minister” or “the Minister’s” respectively. (See: 2023, c. 6, s. 28 (2)) Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 12, s. 7 - not in force 2023, c. 6, s. 19 (1-3), 28 (2) - not in force Directions to Ministry employees, agents 152.7 (1) This section applies if the Director has reasonable grounds for believing that, (a) a recovery permit holder has failed to comply with an order made under clause 152.6 (1) (a), (b) or (c); or Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force, the French version of clause 152.7 (1) (a) of the Act is amended. (See: 2023, c. 6, s. 20 (1)) (b) the activities being carried out under a recovery permit have injured, damaged or endangered public health and safety or the environment, or are likely to do so. 2021, c. 34, Sched. 12, s. 7. Same (2) The Director may give directions in accordance with subsection (3) to the employees and agents of the Ministry, if the Director is of the opinion that it is in the public interest to do so and, (a) the Director is of the opinion that the recovery permit holder will not carry out promptly the work required to comply with the order or to repair the injury or damage or prevent the injury, damage or danger; or (b) the recovery permit holder requests the Director’s assistance in order to comply with the order or to repair the injury or damage or prevent the injury, damage or danger. 2021, c. 34, Sched. 12, s. 7. Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force, the French version of subsection 152.7 (2) of the Act is amended. (See: 2023, c. 6, s. 20 (2)) Same (3) The Director may, under subsection (2), direct employees and agents of the Ministry to do everything practicable, or to do such work and take such action as may be specified in the directions, in respect of the failure to comply with the order or of the repair of the injury or damage or prevention of the injury, damage or danger. 2021, c. 34, Sched. 12, s. 7. Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021
comes into force, the French version of subsection 152.7 (3) of the Act is amended. (See: 2023, c. 6, s. 20 (2)) Same (4) The Director need not hold, or afford to any person an opportunity for, a hearing before giving directions under subsection (2). 2021, c. 34, Sched. 12, s. 7. Use of financial assurance by Crown (5) The Crown may, for the purpose of carrying out the directions, use any cash, realize any letter of credit or bond or enforce any other security, guarantee or protection provided by the recovery permit holder as financial assurance in respect of the permit. 2021, c. 34, Sched. 12, s. 7. Where cost debt due to Crown (6) Any of the total cost incurred by the Crown in carrying out the directions that is not covered by financial assurance provided by the recovery permit holder is a debt due to the Crown by the permit holder, subject to subsection (7), that, (a) forms a lien and a charge on the land that is the subject of the permit in favour of the Crown, realizable by action for sale of any part or all of the land subject to the lien, including any buildings, structures, machinery, chattels or personal property situate in, on, over or under the land; and (b) is recoverable by the Crown in any court in which a debt or money demand of a similar amount may be collected. 2021, c. 34, Sched. 12, s. 7. Same (7) If the permit holder is not an owner of the land to which the recovery permit relates, or is not the only owner, the permit holder and every owner of the land that is not the Crown are jointly and severally liable for a debt due under subsection (6). 2021, c. 34, Sched. 12, s. 7. Same (8) Subsections 151 (4), (5) and (6) apply with necessary modifications with respect to the debt due to the Crown under subsection (6). 2021, c. 34, Sched. 12, s. 7. Note: On the later of the day subsection 5 (1) of the Building More Mines Act, 2023 comes into force and the day section 7 of Schedule 12 to the Supporting People and Businesses Act, 2021 comes into force, section 152.7 of the Act is amended by striking out “the Director” and “the Director’s” wherever they appear and substituting in each case “the Minister” or “the Minister’s” respectively. (See: 2023, c. 6, s. 28 (2)) Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 12, s. 7 - not in force 2023, c. 6, s. 20 (1, 2), 28 (2) - not in force Miscellaneous Officers and directors