176 (1) The Lieutenant Governor in Council may make regulations generally, 1. governing the opening, construction, maintenance and use of roads to, through or over mining claims, mining locations or lands sold or leased as mining lands or recorded as mining claims or locations under this Act or a predecessor thereof, and for the opening, construction or maintenance and use of ditches, aqueducts or raceways through, over or upon such claims, locations or lands for the conveying and passage of water for mining purposes; 1.1 governing the provincial grid; 1.2 governing the mining claims registry; 1.2.1 governing the licence of occupation registry; 1.3 governing the Ministry’s mining lands administration system; 2. governing documents required, permitted or provided for, by or under this Act, including the use and delivery of the documents; 2.0.1 respecting a recorder’s powers to delete, correct, amend or make entries in a registry; 2.1 prescribing additional restrictions or requirements respecting the lands with respect to which mining claims shall not be registered for the purposes of subsection 29 (1) and section 30; 2.2 governing mining claims; 2.3 governing the requirements for obtaining a prospector’s licence or renewal of a licence, including prescribing the Mining Act awareness program and the evidence required to prove successful completion of the program; 2.4 prescribing factors to be considered by the Minister in making an order to withdraw lands under subsection 35 (1); 3.  governing the assessment of the mineral potential of lands and prescribing additional criteria for the purposes of subsection 35.1 (9); 3.1 governing the manner in which mining rights that have been withdrawn under section 35.1 are opened; 4. governing confirmation of registration of mining claims and verification of the confirmation for the purposes of section 46; 5. prescribing the annual rental for a licence of occupation; 6.  Repealed: 2017, c. 6, Sched. 2, s. 76 (7). 6.1 prescribing additional circumstances in which the Minister may make an order under subsection 51 (4); 7. prescribing the quantity of mineral bearing substances that require permission to be obtained, and prescribing any terms and conditions upon which permission may be granted to mine, mill and refine mineral bearing substance from an unpatented mining claim, for purposes of section 52; 7.1 for the purposes of subsection 52 (5), permitting and governing the sale or disposition of the end product of the mining, milling and refining permitted under subsection 52 (1); 8. governing the annual units of assessment work to be performed by the holder of a mining claim, the circumstances in which a claim holder may make payments instead of performing annual units of assessment work, limitations on the substitution of payments for units of assessment work, the amount of such payments and the allocation of such payments as assessment work credits; 9. prescribing, for the purposes of subsection 65 (4), the date reports in respect of specified types of assessment work shall be filed; 10. prescribing the types of work eligible for assessment work credits, the method of calculating and approving credits for work performed and the manner of distribution of credits to mining claims; 11. prescribing the manner in which prospecting and regional surveys performed before mining claims registration are eligible for assessment work credits; 12. prescribing the manner in which assessment work performed on mining lands, or payments made instead of assessment work, may be allocated to contiguous unpatented mining claims; 13. prescribing the conditions on which an extension of time for the performing of and filing a report on assessment work may be allowed by a recorder; 14. prescribing the annual rental for the first year for a lease of a mining claim, the rate for each subsequent year and the annual rental for a renewal lease; 15.  Repealed: 2017, c. 6, Sched. 2, s. 76 (9). 16. prescribing the additional assessment work to be performed in respect of any excess area of a mining claim or in respect of excess average area of mining claims within a perimeter survey; 17. respecting abandoning a mining claim, in whole or in part, under section 70; 17.1 prescribing exploration activities or classes of exploration activities for which the prescribed requirements must be met or for which an exploration plan or an exploration permit is required, and prescribing circumstances in which an activity must be dealt with under an exploration permit and circumstances in which the Director of Exploration may require an exploration permit; 17.2 governing the application for and issue, refusal, renewal, amendment and cancellation of exploration permits and prescribing their standard terms and conditions and governing the resolution of disputes relating to a refusal to issue or renew an exploration permit, a cancellation or amendment of an exploration permit, or relating to terms and conditions imposed on an exploration permit; 17.2.1 respecting the waiver of standard terms and conditions that apply to an exploration permit for the purposes of subsection 78.3 (3.1); 17.3 governing how the activities described in an exploration plan or exploration permit are carried out and requiring the prescribed rehabilitation activities to be performed; 17.4 governing how objections regarding exploration plans are to be made and the process for addressing the objections; 17.5 providing that sections 78.2, 78.3, 78.5 and 78.6 apply to a region of Ontario on and after the date specified for the region; 18. prescribing the annual rental of a lease referred to in section 82; 19. prescribing the annual rental of a lease or renewal lease of surface rights referred to in section 84; 19.1 where a rental is to be prescribed under this Act, prescribing a minimum rent or a method of calculating rent; 20. governing the surveying of mining claims, including prescribing the methods and procedures to be followed when conducting such surveys; 20.1 respecting extensions of time that may be ordered under subsection 138 (2), including prescribing conditions for the extension; 21. prescribing rates of interest for the purposes of this Act; 22. respecting the manner and time of registering an unpatented mining claim to be held by the owner, lessee or holder with respect to lands or parts of lands under subsection 183 (3); 23. prescribing, for the purposes of section 187, the amount of tax to be paid for each hectare and prescribing a minimum tax or a method of calculating tax; 24. prescribing classes of instruments and documents that may be filed through transmission by electronic means in such manner as is prescribed; 24.1 governing whether land is used for mining purposes for the purpose of subsection 189 (1.1); 24.2 governing whether land is a site of Aboriginal cultural significance; 24.3 requiring consultation with Aboriginal communities in the prescribed circumstances and governing all aspects of Aboriginal consultation under this Act, including the manner in which any consultation that may occur under this Act is to be conducted and providing for the delegation of certain procedural aspects of the consultation; 24.4 setting out requirements respecting the dispute resolution process referred to in section 170.1 and otherwise governing the process, and prescribing the circumstances in which the process shall or may be used; 24.5  Repealed: 2017, c. 6, Sched. 2, s. 76 (15). 25. defining any word or expression for the purposes of this Act and the regulations that has not already been expressly defined in this Act; 26. respecting anything in this Act that is required or permitted to be prescribed or to be done by or in accordance with the regulations or that is subject to the regulations or required to be authorized, specified or provided in or by the regulations.  R.S.O. 1990, c. M.14, s. 176 (1); 1994, c. 27, s. 134 (11); 1996, c. 1, Sched. O, s. 32 (1); 1997, c. 40, s. 5 (1); 1999, c. 12, Sched. O, s. 52 (1-3); 2006, c. 33, Sched. R, s. 1; 2007, c. 7, Sched. 22, s. 3 (1); 2009, c. 21, s. 81 (1-9), 101 (4); 2017, c. 6, Sched. 2, s. 76; 2021, c. 25, Sched. 14, s. 14 (1-4). Regulations, transition (1.1) The Lieutenant Governor in Council may make regulations governing transitional matters arising from the enactment of the Aggregate Resources and Mining Modernization Act, 2017
that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate implementation of amendments to this Act made by the Aggregate Resources and Mining Modernization Act, 2017, including regulations, (a) governing the delineation of legacy claims on the provincial grid under section 38.1 and the powers and duties of recorders with respect to the delineation; (b) governing the conversion of legacy claims to mining claims under section 38.2 including the election that may be made by a legacy claim holder under subsection 38.2 (4); (c) governing the cell claims and boundary claims that result from the conversion of legacy claims to mining claims under section 38.2 including determining the circumstances in which such cell claims do not apply to an entire cell for the purposes of clause 38.2 (7) (d); (d) governing the determination of the anniversary date of a cell claim or boundary claim for the purposes of clauses 38.2 (7) (e) and 38.3 (4) (e); (e) governing the circumstances in which boundary claims may be changed to mining claims for an entire cell under section 38.3 including the election that may be made by the holder of two or more boundary claims under subsection 38.3 (3); (f) governing the cell claims that result from a change of a boundary claim to a mining claim for an entire cell under section 38.3 including determining the circumstances in which such cell claims do not apply to an entire cell for the purposes of clause 38.3 (4) (d). 2017, c. 6, Sched. 2, s. 76 (17). Note: On a day to be named by proclamation of the Lieutenant Governor, section 176 of the Act is amended by adding the following subsection: (See: 2023, c. 6, s. 27 (1)) Same (1.1.1) The Lieutenant Governor in Council may make regulations governing transitional matters arising from the enactment of the Building More Mines Act, 2023
that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of amendments made by that Act. 2023, c. 6, s. 27 (1). Same (1.2) A regulation made under subsection (1.1) may provide that it applies despite this Act. 2017, c. 6, Sched. 2, s. 76 (17). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 176 (1.2) of the Act is amended by adding “or (1.1.1)” after “subsection (1.1)”. (See: 2023, c. 6, s. 27 (2)) Idem (2) The Lieutenant Governor in Council may make regulations relating to Part VII, 1. prescribing the manner of preparing closure plans, their form and content, including their certification and reporting requirements, and the information, particulars, maps and plans to be included therein; 2. prescribing standards for rehabilitation; 3. prescribing standards for the protective measures to be taken in respect of the closure of a mine; 4. prescribing the form and manner and time of giving public notice; 5. prescribing the form and manner in which notice is to be given to the Director and to the proponent; 6. prescribing the form of a report under subsection 139.1 (2); 7. prescribing corporate financial tests for the purposes of section 145; 7.1 prescribing the manner in which the Director may require other forms of financial assurance under subsection 145 (6); 8.  Repealed:  2009, c. 21, s. 81 (11). 9.  Repealed:  1996, c. 1, Sched. O, s. 32 (4). 10. prescribing material and quantities of material extracted, and other types of work that are to be classified as advanced exploration work; 11. prescribing time periods within which duties under Part VII shall be complied with; 12. prescribing anything that by Part VII is to be or may be prescribed; 13. authorizing a person specified in the regulations to exempt a proponent from complying with any standard, procedure or requirement in a regulation respecting closure plans if the specified person determines that the closure plan meets or exceeds the objectives of the provision; 14. prescribing other circumstances under which a proponent, or project, or any class thereof, need not comply with a regulation, or a provision thereof, made under this subsection; 15. governing transitional matters arising from the enactment of Schedule 7 to the Better for People, Smarter for Business Act, 2019 that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of the amendments to this Act made by that Schedule; 16. governing transitional matters arising from the enactment of Schedule 10 to the Accelerating Access to Justice Act, 2021 that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of the amendments to this Act made by that Schedule. R.S.O. 1990, c. M.14, s. 176 (2); 1994, c. 27, s. 134 (12); 1996, c. 1, Sched. O, s. 32 (2-5); 1997, c. 40, s. 5 (2); 2009, c. 21, s. 81 (11); 2019, c. 14, Sched. 7, s. 13; 2021, c. 4, Sched. 10, s. 2 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 176 (2) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 27 (3)) Regulations re Part VII (2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations relating to Part VII, (a) governing closure plans and their preparation, including specifying documents and information that must be included in a closure plan and setting out certification and reporting requirements; (b) governing the standards for rehabilitation, including governing the standards for the protective measures to be taken in respect of the closure of a mine; (c) governing determinations for the purposes of clause (b) of the definition of “rehabilitate” in subsection 139 (1), including setting out procedures for requesting a determination; (d) governing financial assurance for the purposes of section 145; (e) imposing time limits for the compliance of duties under the Part; (f) authorizing a person specified in the regulations to exempt a proponent from complying with any standard, procedure or requirement in a regulation made for the purposes of the Part, subject to any terms or conditions the person may specify or that may be specified in the regulations; (g) providing for circumstances in which a proponent, project or class of either need not comply with a regulation or a provision of a regulation made for the purposes of the Part; (h) governing transitional matters arising from the enactment of Schedule 10 to the Accelerating Access to Justice Act, 2021 that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of the amendments to this Act made by that Schedule. 2023, c. 6, s. 27 (3). Same (2.1) A regulation made under paragraph 6, 7 or 7.1 of subsection (2) shall not come into force unless, (a) the regulation was published in The Ontario Gazette at least four weeks before the regulation comes into force; or (b) the Minister states that the regulation must come into force before clause (a) can be complied with and gives reasons for that statement.  1996, c. 1, Sched. O, s. 32 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 176 (2.1) of the Act is repealed. (See: 2023, c. 6, s. 27 (3)) Regulations re Part VIII (2.1.1) The Lieutenant Governor in Council may make regulations relating to Part VIII, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 176 (2.1.1) of the Act is amended by adding “Without limiting the generality of subsection (1)” at the beginning. (See: 2023, c. 6, s. 27 (4)) (a) governing the valuation of diamonds; (b) prescribing requirements respecting the manner in which diamonds must be handled, prepared and processed before valuation; (c) defining “net value of the output” for the purposes of subsection 154 (1); (d) prescribing conditions for the purposes of determining if a diamond is part of the output of a diamond mine; (e) governing the payment, collection and administration of royalties for the purposes of Part VIII; (f) setting out a procedure by which the amount set out in a notice of royalty or revised notice of royalty may be reviewed; (g) governing the calculation of interest and penalties on late payments of royalties under Part VIII; (h) specifying the notices, returns and information that an operator of a diamond mine is required to deliver to the Minister for the purposes of section 154.5, including, (i) information relating to the output of the mine, (ii) notices requiring the operator to inform the Minister of the gross value or net value of the output of the diamond mine, (iii) descriptions of how diamonds produced at the diamond mine are handled, prepared and processed before they are removed from the mine or sold, and (iv) sufficient information for the Minister to assess the amount of the royalty payable under Part VIII; (i) prescribing conditions that must be met before any diamonds produced at a diamond mine are removed or sold; (j) governing the terms of an agreement referred to in section 154.9 respecting the administration and enforcement of Part VIII; (k) prescribing anything that is to be or may be prescribed by Part VIII; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 176 (2.1.1) (k) of the Act is repealed. (See: 2023, c. 6, s. 27 (5)) (l) respecting any other matter that the Lieutenant Governor in Council considers necessary or desirable in relation to royalties under Part VIII.  2007, c. 7, Sched. 22, s. 3 (2). Regulations may be general or particular (2.2) A regulation made under subsection (1), (2) or (2.1.1) may be general or particular in application, may be limited as to time or place or both and may provide that it applies only to the area or areas designated by the Minister.  1997, c. 40, s. 5 (3); 2007, c. 7, Sched. 22, s. 3 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 176 (2.2) of the Act is amended by striking out “subsection (1), (2) or (2.1.1)” and substituting “this section”. (See: 2023, c. 6, s. 27 (6)) Minister’s designations (2.3) Part III (Regulations) of the Legislation Act, 2006 does not apply to a Minister’s designation that is permitted by subsection (2.2).  1997, c. 40, s. 5 (3); 2006, c. 21, Sched. F, s. 136 (1). Incorporation by reference (2.4) If a regulation made under this section incorporates a document by reference, in whole or in part, the document may be incorporated, (a) with such changes as the Lieutenant Governor in Council considers necessary; or (b) as amended from time to time, whether the amendment to the document was made before or after the regulation was made.  2009, c. 21, s. 81 (12). Same (2.5) Subsection (2.4) applies to a regulation made under this Act even if the regulation was made before subsection (2.4) came into force.  2009, c. 21, s. 81 (12). Access to incorporated document and earlier versions (2.6) When a document is incorporated by reference as described in subsection (2.4), the Minister responsible for the administration of the Part of this Act under which the regulation is made shall take steps to ensure that, (a) the incorporated document is readily available to the public, on and after the day the provision containing the reference comes into force; (b) the incorporated document and any earlier versions of it that were previously incorporated into the regulation or into a predecessor of the regulation remain readily available to the public; and (c) where a document is incorporated as amended from time to time, the version of the document that exists on the day the regulation comes into force and all versions of the document that are made after that day and until the regulation is revoked, remain readily available to the public.  2009, c. 21, s. 81 (12). Minister may issue or validate licence, lease or patent (3) Despite anything in this Act, in special circumstances the Minister may, subject to the approval of the Lieutenant Governor in Council, issue or validate unpatented mining claims, or a licence of occupation, lease or patent of any mining lands or mining rights on such terms and conditions as the Minister considers appropriate.  R.S.O. 1990, c. M.14, s. 176 (3); 1996, c. 1, Sched. O, s. 32 (7); 1999, c. 12, Sched. O, s. 52 (4). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 134 (11, 12) - 09/12/1994; 1996, c. 1, Sched. O, s. 32 (1, 6, 7) - 30/01/1996; 1996, c. 1, Sched. O, s. 32 (2-5) - 30/06/2000; 1997, c. 40, s. 5 (1-3) - 18/12/1997; 1999, c. 12, Sched. O, s. 52 (1-4) - 30/06/2000 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007; 2006, c. 33, Sched. R, s. 1 - 20/12/2006 2007, c. 7, Sched. 22, s. 3 (1-3) - 05/07/2007 2009, c. 21, s. 81 (1, 3, 5) - 01/01/2011; 2009, c. 21, s. 81 (2, 4, 6, 7, 9-12), 101 (4) - 28/10/2009; 2009, c. 21, s. 81 (8)
- 01/11/2012 2017, c. 6, Sched. 2, s. 76 (1, 2, 5, 9, 11, 12, 15-17) - 09/01/2018; 2017, c. 6, Sched. 2, s. 76 (3, 4, 6-8, 10, 13, 14) - 10/04/2018 2019, c. 14, Sched. 7, s. 13 - 01/04/2021 2021, c. 4, Sched. 10, s. 2 (2) - 01/06/2021; 2021, c. 25, Sched. 14, s. 14 (1, 2) - 01/02/2022; 2021, c. 25, Sched. 14, s. 14 (3)- 01/04/2022; 2021, c. 25, Sched. 14, s. 14 (4) - 03/06/2021 2023, c. 6, s. 27 (1-6)
- not in force