jswizzle3737/ontario_laws_and_regs huggingface dataset:
1. In this Regulation, “approved form” means a form that is approved by the Minister for the purposes specified in the provision containing the reference to the approved form; “Code” means the Mine Rehabilitation Code of Ontario set out in Schedule 1; “crown pillar” means a rock mass of variable geometry that is situated above the uppermost underground workings of a mine and that serves to ensure permanently or temporarily the stability of surface elements and underground workings; “professional engineer” means a person who holds a licence or a temporary licence in Ontario under the Professional Engineers Act; “senior officer” means the chair or a vice-chair of the board of directors of a corporation, the president, a vice-president, the chief financial officer or the general manager of the corporation, or the president of a division of the corporation if he or she is an officer of the corporation.  O. Reg. 240/00, s. 1; O. Reg. 307/12, s. 1.
2. (1) For the purpose of clause (d) of the definition of “mine”, when used as a noun, in section 1 of the Act, any discharge or waste from the washing, crushing, grinding, sifting, reducing, leaching, roasting, smelting, refining or treating of a mineral or mineral bearing substance, or from research on a mineral or mineral bearing substance, is a prescribed substance.  O. Reg. 240/00, s. 2 (1). (2) For the purpose of the definition of “mine”, when used as a noun, in section 1 of the Act, the following constitute prescribed classes of plant, premises or works: 1. Research facilities not located on or directly related to a site. 2. Analytical laboratories not located on or directly related to a site. 3. Refineries of scrap jewellery and metal not located on or directly related to a site. 4. Precious metal refineries engaged in refining only not located on or directly related to a site. 5. Steel mills not located on or directly related to a site. 6. Pits and quarries the closure or rehabilitation of which is regulated by the Aggregate Resources Act.  O. Reg. 240/00, s. 2 (2). (3) In the definition of “mine”, when used as a verb, in section 1 of the Act, “preliminary exploration” means any exploration that is not advanced exploration.  O. Reg. 240/00, s. 2 (3). (4) In the Act and this Regulation, “disturbance of the ground” means the excavation or movement of rock, overburden or other material that creates a hazard to public safety or the environment because of the nature of the material or the fact that it is being excavated or moved.  O. Reg. 240/00, s. 2 (4).
3. (1) For the purposes of Part VII of the Act and this Regulation, “advanced exploration” includes the following types of work: 1. Exploration carried out underground involving the construction of new mine workings or expanding the dimensions of existing mine workings. 2. Exploration involving the reopening of underground mine workings by the removal of fixed or permanently fastened caps or bulkheads, or involving the excavation of backfilled shafts, raises, adits or portals. 3. Exploration that may alter, destroy, remove or impair any rehabilitation work done in accordance with Part VII of the Act or a filed closure plan. 4. Excavation of material in excess of 1,000 tonnes; 5. Surface stripping on mining lands where the surface area over which the surface stripping is carried out is greater than 10,000 square metres, or where the volume of surface stripping is greater than 10,000 cubic metres, except where all of the following are satisfied: i. Surface stripping is carried out in two or more separate areas on the mining lands. ii. The edges of each area where surface stripping is carried out are separated by a minimum of 500 metres. iii. In each area where surface stripping is carried out, A. the surface area over which the surface stripping is carried out is not greater than 10,000 square metres, and B. the volume of surface stripping is not greater than 10,000 cubic metres. 6. Surface stripping on mining lands where the area over which the surface stripping is carried out is greater than 2,500 square metres or where the volume of the surface stripping is greater than 2,500 cubic metres, if the surface stripping is carried out within 100 metres of a body of water.  O. Reg. 240/00, s. 3 (1); O. Reg. 282/03, s. 1; O. Reg. 194/06, s. 1. (2) In the definition of “advanced exploration” in subsection (1), “material” means rock, ore or any other substance excavated during the process of developing, mining, evaluating or testing any mineral or mineral deposit, but does not include excavated overburden; “surface stripping” means the removal of overburden to expose bedrock or other material.  O. Reg. 240/00, s. 3 (2). Mine Rehabilitation Code
4. (1) All persons engaged in the rehabilitation of mines and mine hazards shall comply with the standards, procedures and requirements of the Mine Rehabilitation Code of Ontario set out in Schedule 1.  O. Reg. 240/00, s. 4 (1). (2) A specific standard, procedure or requirement set out in the Code does not apply where a closure plan filed under section 140, 141 or 147 of the Act or a closure plan approved under section 142 of the Act sets out another standard, procedure or requirement that meets or exceeds the specific objective set out in the Code, and the Director provides and files a written acknowledgement referred to in section 26.  O. Reg. 240/00, s. 4 (2); O. Reg. 226/21, s. 1. Notice of Project Status
5. (1) For the purposes of subsection 140 (1), 141 (1), 141.1 (2) or 144 (1) of the Act, a proponent shall submit to the Director a notice of project status in the approved form. O. Reg. 307/12, s. 2; O. Reg. 226/21, s. 2. (2) A proponent shall submit to the Director a further notice of project status if advanced exploration or mine production begins more than one year after the date specified in the project schedule submitted with the original notice. O. Reg. 307/12, s. 2. (3) Despite subsection (1), where a notice of project status is submitted to the Director before November 1, 2012 in respect of a closure plan under section 140 or 141 of the Act and the closure plan to which the notice relates is submitted to the Director before April 1, 2013, the proponent shall comply with this Regulation as it read immediately before its amendment by Ontario Regulation 307/12. O. Reg. 307/12, s. 2. Notice of Material Change
6. (1) For the purposes of subsections 143 (1) and 144 (2) of the Act, a proponent shall submit to the Director a notice of material change in the approved form. O. Reg. 307/12, s. 2; O. Reg. 226/21, s. 3. (2) Despite subsection (1), where a notice of material change is submitted to the Director before November 1, 2012 and the closure plan amendment to which the notice relates is submitted to the Director before April 1, 2013, the proponent shall comply with this Regulation as it read immediately before its amendment by Ontario Regulation 307/12. O. Reg. 307/12, s. 2. Notice of Crown Intervention
7. A notice to a proponent under subsection 147 (2) of the Act shall be in writing, identify the lands on which the mine hazard exists and specify the rehabilitation work to be completed and be given at least 15 days before the Crown or an agent of the Crown enters the lands to rehabilitate the mine hazard.  O. Reg. 240/00, s. 7. Public Notice
8. (1) Public notice under subsection 140 (1), 141 (1) or 143 (1) of the Act shall be given, (a) by publishing a notice in a newspaper having general circulation in the area in which the project is located or by an alternative or additional measure designed to ensure that as many members of the public as possible have reasonable notice of the meeting; (b) by holding a public information session in the area in which the project is located or in another location chosen to ensure that as many members as possible of the public affected by the project may receive information regarding it; and (c) by notifying directly the owners of the lands that are adjacent to the project of the public information session.  O. Reg. 240/00, s. 8 (1); O. Reg. 194/06, s. 2 (1); O. Reg. 226/21, s. 4. (2) Public notice shall be given at least seven days before holding the public information session and shall include the following: 1. The name and address of the proponent. 2. The name of the project. 3. The name, address and telephone number of an authorized contact person. 4. A description of the location of the project site and a map showing the location. The map shall be a minimum of seven centimetres per side, include a north arrow and scale and show a minimum of a three kilometre radius and a maximum of a five kilometre radius around the site. 5. A description of the project, indicating its nature and size and the nature and extent of related work to be carried out to complete the project. 6. The proposed date of commencement or recommencement of advanced exploration or mine production. 7. The time and location of the public information session for the project.  O. Reg. 240/00, s. 8 (2). (3) The proponent shall provide to the Director the names of the members of the public who attend the public information session and any written comments provided by them no later than 15 days after the session.  O. Reg. 240/00, s. 8 (3). (4) The proponent shall provide the Director with the names of the owners of lands adjacent to the project notified of the public information session.  O. Reg. 194/06, s. 2 (2). Aboriginal Consultation
8.2 (1) The dispute resolution process set out in this section applies with respect to disputes to which clause 170.1 (1) (b) of the Act applies. O. Reg. 307/12, s. 3. (2) The Director may, in his or her sole discretion and before a proponent submits a closure plan or an amendment to a closure plan, refer a dispute relating to consultation with Aboriginal communities to an individual or body designated by the Minister pursuant to subsection 170.1 (1) of the Act. O. Reg. 307/12, s. 3; O. Reg. 226/21, s. 6. (3) The purpose of a dispute resolution process conducted by the individual or body designated by the Minister is to facilitate consultation among the proponent, Aboriginal communities and the Director, and is not an appeal. O. Reg. 307/12, s. 3. (4) The designated individual or body shall provide a report setting out recommendations to the Minister within 30 days after having received the referral or within such other time as agreed to by the Director. O. Reg. 307/12, s. 3. (5) The Minister shall pay the costs of the designated individual or body and the costs associated with conducting the process, at a scale and to a maximum amount set and approved by the Minister. O. Reg. 307/12, s. 3. (6) The designated individual or body’s report forms part of the record of the Minister in consulting with Aboriginal communities regarding the proposed closure plan or proposed amendment to the closure plan and may be disclosed in legal or other proceedings as may be necessary or appropriate. O. Reg. 307/12, s. 3. (7) For greater certainty, the designated individual or body’s own work product, including notes, case file and any other materials of the individual or body pertaining to the dispute are confidential to the individual or body and are not subject to disclosure in any legal or other proceeding. O. Reg. 307/12, s. 3. Progressive Rehabilitation Report
9. (1) A proponent shall submit to the Director two copies of a progressive rehabilitation report under subsection 139.1 (2) of the Act.  O. Reg. 240/00, s. 9 (1). (2) The report shall contain the following information: 1. The name and address of the proponent, and if the holder of the mining rights and surface rights is not a proponent, such a holder. 2. The name, including any alternate names by which the site is known, and location of the site containing the mine hazards. 3. The name, address and telephone number of an authorized contact person. 4. The name and address of the person or company that carried out the rehabilitation work. 5. A description of each mine hazard and the nature and extent of the rehabilitation work carried out for each mine hazard, including details of how the work meets the prescribed standards for rehabilitation. 6. A map, to a legible scale, accurately depicting locations and areas where the rehabilitation work was carried out, including references to mining claim numbers, parcel numbers and, where applicable, to township, lot and concession numbers. 7. A summary of results from any monitoring program.  O. Reg. 240/00, s. 9 (2). Voluntary Rehabilitation
9.1 For the purposes of subsection 139.2 (1) of the Act, the following lands are prescribed: 1. Any land in respect of which the surface rights, mining rights or both are under licence of occupation from the Crown. 2. Land in the actual use or occupation of the Crown or a ministry of the Government of Ontario. 3. Land the use of which is withdrawn or set apart or appropriated for a public purpose. 4. Land held by a ministry of the Government of Ontario. O. Reg. 307/12, s. 4.
9.2 The person applying for approval to rehabilitate a mine hazard under subsection 139.2 (1) of the Act shall submit an application for approval to the Director in the approved form. O. Reg. 307/12, s. 4.
9.3 The person applying for approval to rehabilitate a mine hazard on lands for which there is one or more surface rights owners, surface rights holders or recorded holders of a mining claim shall provide a copy of the application to all surface rights owners, surface rights holders or recorded holders of mining claims, before submitting the application for approval to the Director. O. Reg. 307/12, s. 4.
9.4 (1) The person who applied for approval to rehabilitate a mine hazard shall ensure that the rehabilitation is carried out in accordance with the standards and requirements in the Mine Rehabilitation Code that are specified by the Director in the conditions of the approval for the rehabilitation plan. O. Reg. 307/12, s. 4. (2) For the purposes of this section and in respect of standards and requirements in the Mine Rehabilitation Code that are specified by the Director under subsection (1), a reference in the Code to a closure plan is deemed to be a reference to a voluntary rehabilitation plan. O. Reg. 307/12, s. 4.
10. Revoked: O. Reg. 307/12, s. 5. Closure Plan
11. (1) A closure plan shall include at least the items and information set out in Schedule 2 in the order in which the Schedule sets out the items and information to be included. O. Reg. 307/12, s. 6. (2) Despite subsection (1), where a notice of project status or notice of material change for a project is submitted to the Director before November 1, 2012 and a certified closure plan or certified closure plan amendment for that project is submitted to the Director before April 1, 2013, the proponent shall comply with this Regulation as it read immediately before its amendment by Ontario Regulation 307/12. O. Reg. 307/12, s. 6.
13. (1) A closure plan shall specify the form and amount of the financial assurance to be provided by the proponent in respect of the project.  O. Reg. 240/00, s. 13 (1). (2) The financial assurance shall be submitted with the closure plan.  O. Reg. 240/00, s. 13 (2).
14. Sections 16 and 17 establish and describe corporate financial tests compliance with which is a form of financial assurance as provided in paragraph 5 of subsection 145 (1) of the Act.  O. Reg. 240/00, s. 14.
16. (1) If a proponent’s credit rating meets or exceeds two of the following credit ratings from the stated credit rating services, the proponent complies with the corporate financial test for the entire life of the mine: 1.  Revoked:  O. Reg. 282/03, s. 5. 2. A (low) from the Dominion Bond Rating Service Limited. 3. A3 from Moody’s Investors Services Inc. 4. A– from Standard and Poor’s Inc.  O. Reg. 240/00, s. 16 (1); O. Reg. 282/03, s. 5. (2) A proponent that provides financial assurance by complying with the test under subsection (1) shall, in the closure plan, (a) name the rating services whose ratings are being relied upon; (b) submit confirmation from those services of their credit ratings for the proponent; and (c) identify the form and amount of financial assurance that the proponent will provide if the proponent ceases to comply with the test under subsection (1) or ceases production from the mine.  O. Reg. 240/00, s. 16 (2). (3) A proponent that has complied with the test shall inform the Director, (a) within seven days if any rating service named under clause (2) (a) downgrades the proponent’s credit rating or issues a credit watch with respect to the proponent’s credit rating; or (b) within 30 days if any matter other than those mentioned in clause (a) arises that may materially affect the proponent’s status in relation to financial assurance or the life of a mine.  O. Reg. 240/00, s. 16 (3). (4) If, as a result of a downgrading under clause (3) (a), the proponent no longer complies with the corporate financial test under subsection (1), the proponent shall, within 30 days, provide the Director with financial assurance in the form and in the amount identified in accordance with clause (2) (c).  O. Reg. 240/00, s. 16 (4). (5) Despite subsection (4), a proponent described in that subsection may provide evidence satisfactory to the Director that the proponent, although no longer complying with the corporate financial test under subsection (1), complies with the test set out in section 17.  O. Reg. 240/00, s. 16 (5). (6) A proponent that complies with the test under section 17 is considered to have provided financial assurance for the balance of the first half of the life of the mine.  O. Reg. 240/00, s. 16 (6).
17. (1) If a proponent’s credit rating meets or exceeds two of the following credit ratings from the stated credit rating services, the proponent complies with the corporate financial test for the first half of the life of the mine if the first half of the life of a mine is at least four years: 1.  Revoked:  O. Reg. 282/03, s. 6. 2. BBB (low) from the Dominion Bond Rating Service Limited. 3. Baa3 from Moody’s Investors Services Inc. 4. BBB– from Standard and Poor’s Inc.  O. Reg. 240/00, s. 17 (1); O. Reg. 282/03, s. 6. (2) A proponent that provides financial assurance by complying with the test under subsection (1) shall, in the closure plan, (a) name the rating services whose ratings are being relied upon; (b) submit confirmation from those services of their credit ratings for the proponent; and (c) identify the form and amount of financial assurance that the proponent will provide if the proponent ceases to comply with the test under subsection (1) or ceases production from the mine, and that the proponent will provide over the second half of the life of the mine.  O. Reg. 240/00, s. 17 (2). (3) A proponent that has complied with the test shall inform the Director, (a) within seven days if any rating service named under clause (2) (a) downgrades the proponent’s credit rating or issues a credit watch with respect to the proponent’s credit rating; or (b) within 30 days if any matter other than those mentioned in clause (a) arises that may materially affect the proponent’s status in relation to financial assurance or the life of a mine.  O. Reg. 240/00, s. 17 (3). (4) If, as a result of a downgrading under clause (3) (a), the proponent no longer complies with the corporate financial test under subsection (1), the proponent shall, within 30 days, provide the Director with financial assurance in the form and in the amount identified in accordance with clause (2) (c).  O. Reg. 240/00, s. 17 (4). (5) A proponent that complies with the test under subsection (1) shall provide the Director with a certified statement of the amount of ore produced or processed during the previous fiscal year within 60 days after the end of that fiscal year.  O. Reg. 240/00, s. 17 (5).
18. (1) If a proponent is subject to a filed closure plan and the proponent wishes to provide financial assurance by complying with the test set out in section 16 or 17, the proponent shall submit an amendment to the closure plan containing all necessary information in support of compliance with the test.  O. Reg. 240/00, s. 18 (1); O. Reg. 226/21, s. 8. (2) If a proponent has provided financial assurance other than by way of compliance with a corporate financial test and the proponent complies with a corporate financial test set out in section 16 or 17, the Director shall return the previously provided financial assurance to the proponent within 30 days after the Director acknowledges receipt of the amendment.  O. Reg. 240/00, s. 18 (2).
19. A proponent that complies with a corporate financial test under section 16 or 17 and that places a project into temporary suspension shall provide 25 per cent of the financial assurance that the proponent would have been required to provide if the proponent had not complied with the test, (a) within 30 days of the submission of the notice of change of project status indicating that the project has been placed in temporary suspension; and (b) no later than the first, second and third anniversaries respectively of the date of submission of the notice of change of project status indicating that the project has been placed in temporary suspension.  O. Reg. 240/00, s. 19; O. Reg. 226/21, s. 9.
20. If the Director requires financial assurance under subsection 145 (6) of the Act, the Director shall notify the proponent, in writing, of the required form of assurance, by regular lettermail, fax or by electronic means.  O. Reg. 240/00, s. 20. Rehabilitation Standards
21. The Director is hereby authorized to exempt a proponent from complying with any standard, procedure or requirement in this Regulation, including the Code, if the Director determines that the closure plan meets or exceeds the objectives of the provision in which the standard, procedure or requirement is set out.  O. Reg. 240/00, s. 21. Temporary Suspension
22. (1) In order to place a project in a state of temporary suspension, the proponent shall, after providing notice under subsection 144 (1) of the Act, take all reasonable measures to prevent personal injury or property damage that is reasonably foreseeable as a result of placing the project in a state of temporary suspension.  O. Reg. 240/00, s. 22 (1). (2) The proponent shall implement or complete the following minimum rehabilitative measures in accordance with the applicable standards, procedures and requirements of the Code: 1. All reasonable measures shall be taken to restrict access to the site and all buildings and other structures to authorized persons only. 2. All mine openings that are potentially dangerous shall be protected against inadvertent access. 3. All electrical systems shall be protected from inadvertent access. 4. All mechanical and hydraulic systems shall be maintained in a no-load condition. 5. All physical, chemical and biological monitoring programs shall be continued. 6. All contaminated effluents shall be controlled. 7. All waste management systems and sites and petroleum products, chemicals and waste shall be made secure. 8. All explosives shall be disposed of or removed from the site. 9. All rock piles, overburden piles and stockpiles and all tailings, water and other impoundment structures shall be maintained in a stable and safe condition.  O. Reg. 240/00, s. 22 (2). Inactivity
23. (1) In order to place a project in a state of inactivity, the proponent shall, after providing notice under subsection 144 (1) of the Act, take all reasonable measures to prevent personal injury or property damage that is reasonably foreseeable as a result of placing the project in a state of inactivity.  O. Reg. 240/00, s. 23 (1). (2) The proponent shall implement or complete the following minimum rehabilitative measures in accordance with the applicable standards, procedures and requirements of the Code: 1. All reasonable measures shall be taken to restrict access to the site and all buildings and other structures to authorized persons only. 2. All shafts, raises and stopes open to surface shall be secured. 3. All portals of adits and declines shall be secured. 4. All other mine openings to surface that create a mine hazard shall be stabilized and secured. 5. All surface and subsurface mine workings shall be assessed by a qualified professional engineer to determine their stability and any surface areas disturbed or likely to be disturbed by such mine workings shall be stabilized or, if stabilization is not practicable, protected against inadvertent access if such disturbance is likely to endanger the public or property. 6. All mechanical and hydraulic systems shall be maintained in a no-load condition. 7. All essential electrical systems shall be protected from inadvertent access and non-essential electrical systems shall be de-energized. 8. All tailings, rock piles, overburden piles, stockpiles, landfill sites and other waste management sites and systems shall be monitored and maintained, or be rehabilitated. 9. All petroleum products, chemicals and waste, including PCBs, shall be removed, disposed of, isolated or otherwise managed on site. 10. All explosives shall be disposed of or removed from the site. 11. All impoundment structures shall be maintained in a stable and safe condition. 12. All materials, or conditions created as a result of mining, that produce or may produce acid rock drainage or metal leaching shall be dealt with in accordance with the management plan referred to in section 59 of the Code.  O. Reg. 240/00, s. 23 (2). (3) The proponent shall inspect the site at least once every six months to ensure that all required rehabilitative measures are in place.  O. Reg. 240/00, s. 23 (3). Closing Out
25. (1) The proponent of the project to which the closure plan relates shall prepare and maintain each year, (a) surface site plans required in the closure plan; (b) plans on a horizontal plane, with separate drawings for each mining level, showing all underground workings, including shafts, tunnels, dams and bulkheads; and (c) plans on a vertical plane of all mine sections at suitable intervals and azimuths, showing all shafts, tunnels, drifts, stopes and other mine workings in relation to the surface, including the location of the top of the bedrock and the surface of any known body of water.  O. Reg. 240/00, s. 25 (1). (2) Copies of the plans shall be prepared to a legible scale and shall be digitized or microfilmed or made suitable for digitization or microfilming.  O. Reg. 240/00, s. 25 (2). (3) The proponent shall, (a) promptly submit copies of the plans to the Director on request; and (b) make copies of the plans available for inspection at the project site or another mutually agreed upon location in Ontario.  O. Reg. 240/00, s. 25 (3). (4) If the project is placed in a state of inactivity or is closed out, the proponent shall promptly revise the plans to the date of inactivity or close out and submit them to the appropriate office of the Resident Geologist of the Ministry.  O. Reg. 240/00, s. 25 (4).
26. A proponent is not required to carry out a specific rehabilitative measure referred to in section 22, 23 or 24 if the Director provides the proponent with a written acknowledgment that, (a) it is impracticable to carry out the required measure; (b) the required measure would adversely affect the environment; (c) the required measure is inconsistent with a land use control set out in a municipal by-law or an order of the Minister of Municipal Affairs and Housing made pursuant to the Planning Act; or (d) the proponent has specified in the closure plan an alternative measure that meets or exceeds the standards, procedures and requirements set out in this Regulation, including the Code.  O. Reg. 240/00, s. 26. Disclosure of Plans
27. Any drawings, plans and specifications accompanying closure plans shall be made available to the Association of Professional Engineers of the Province of Ontario and the Ontario Association of Landscape Architects upon request for the purpose of determining whether the Professional Engineers Act
or the Ontario Association of Landscape Architects Act, 1984
is being contravened.  O. Reg. 240/00, s. 27.
28. Omitted (revokes other Regulations).  O. Reg. 240/00, s. 28.
29. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 240/00, s. 29. Schedule 1   MINE REHABILITATION CODE OF ONTARIO PART 1 PROTECTION OF MINE OPENINGS TO SURFACE
1. The objective of this Part of the Code is to ensure that inadvertent access to mine openings to the surface is prevented.
2. (1) Subject to sections 11 to 14 (steel caps) and 17 (backfilling) of this Part, a reinforced concrete cap certified by a qualified professional engineer shall be used to stop shafts, raises and stopes. (2) Before installation of a concrete cap to stop shafts, raises and stopes, (a) a qualified professional engineer shall examine the competency of the rock at the supports and no construction shall be undertaken unless the engineer approves the rock as competent; (b) all loose rock shall be removed from the rock anchorages leaving only competent rock; (c) all concrete work shall meet or exceed the minimum standards set out in the CAN/CSA-A23.1-M90 or latest revision; (d) the formwork for the concrete, shoring and temporary support shall be designed by a qualified professional engineer. (3) The concrete cap may be left exposed to the elements or may be buried. (4) Where the cap is to be left exposed, consideration shall be given to providing a slope to the surface of the cap to prevent the collection of water on the surface.
3. All reinforced concrete caps shall meet or exceed the following specifications: 1. The reinforced concrete cap shall be designed for the following minimum design live loads: i. 1.4 metres cover of saturated soil uniformly distributed with a unit weight of 19 kN/cubic metre, and ii. the greater effect of either, A. an 18 kPa uniformly distributed load, or B. an 81 kN concentrated load applied over an area 300 mm by 300 mm anywhere on the cap, and the weight of the cap as the dead load. 2. The 28-day concrete strength shall be a minimum of 30 MPa. 3. The reinforcing bars yield strength shall be a minimum of 400 MPa. 4. The concrete cap minimum thickness shall be, i. 450 mm as per MNDM Drawing No. 94103-M1:  “Monolithic Concrete Cap Typical Plan and Section” and Drawing No. 94103-M2:  “Typical Monolithic Concrete Cap Reinforcement Schedule”, or ii. 300 mm if an alternate design with all calculations is provided. 5. All supports shall be founded on sound rock having a minimum bearing capacity of 600 kPa. 6. All concrete design shall be as per CAN3-A23.3-M84 or its most recent revision. 7. The reinforced concrete cap shall be vented with a stainless steel pipe that is at least 75 mm in diameter and extends above the cap or soil cover to permit airflow. 8. The reinforced concrete cap shall be securely attached to the bedrock or to the concrete collar if one exists. 9. Appropriate reinforcing steel bars and concrete shall be used in areas where corrosive conditions may exist.
4. The concrete design shall meet the following specifications: 1. The minimum 28-day concrete strength shall not be less than 30 MPa. 2. The maximum slump shall not be greater than 75 mm. +/- 25 mm. 3. The maximum aggregate size shall not be greater than 20 mm. 4. The air entrainment content shall be 6 per cent +/- 1 per cent. 5. The maximum water/cement ratio by weight shall not be greater than 0.50.
5. The aggregates used in the concrete mix shall be non-alkali-silica reactive type.
6. The concrete cover shall be as follows: 1. 75 mm thick on the top of reinforcing bars. 2. 50 mm thick on the bottom of reinforcing bars. 3. 40 mm thick on the stirrups.
7. The concrete shall be cured as per CSA-A23.1-M90 or its latest revision.  Curing compounds shall be clear liquid conforming to Canadian General Standards Board (CGSB) Standard 90-GP-1a, Type 1 or latest revision and applied as directed by the manufacturer.
8. Before the placement of concrete, a qualified professional engineer shall inspect and approve any reinforcing steel bars that have been installed.
9. (1) The concrete shall be tested for air content and slump in the field. (2) A minimum of one set of four cylinders shall be cast and tested for compressive strength. (3) The cylinders shall be cured under the same field conditions as the shaft cap and seat support (if applicable). (4) The testing shall be done in accordance with CAN/CSA-A23.2-M90 or its latest revision.
10. A qualified professional engineer shall certify all test results obtained under section 9, and the certified results shall be submitted to the Director no later than 90 days after testing.
11. With the Director’s prior authorization, a steel cap designed and certified by a qualified professional engineer may be used, instead of a reinforced concrete cap, to stop shafts, raises and stopes if the project is temporarily suspended or placed in a state of inactivity.
12. (1) A steel cap shall only be used in an area where there is no vehicular traffic. (2) A steel cap shall not be covered with earth.
13. Before the installation of a steel cap, (a) a qualified professional engineer shall examine the competency of the rock at the supports and no construction shall be undertaken unless the engineer approves the rock as competent; (b) all loose rock shall be removed from the rock anchorages leaving only competent rock; (c) all steel used in making the cap shall comply with Ontario Provincial Standard Specification 906 or latest revision; (d) all structural steel and its erection shall conform to CSA-CAN3-S16.1-M78 or latest revision; (e) the cap shall be protected against corrosion in accordance with CSA-G189-1980 or latest revision; (f) temporary support and shoring shall be designed by a qualified professional engineer; (g) warning signs and barriers shall be set up around the cap location; and (h) a qualified professional engineer shall inspect all steel members.
14. The cap shall meet or exceed the following design and steel specifications: 1. The cap shall be designed for the following minimum design loads: i. the greater effect of, A. a
uniformly distributed load of 18 kPa, or B. a concentrated load of 81 kN over a 300 mm square area anywhere on the cap, and ii. the weight of the cap as a dead load. 2. The cap design shall be based on CSA-CAN3-S16.1-M84 or latest revision. 3. All structural steel shall be Grade 300W conforming to CSA-CAN3-G40.21-M78 or latest revision. 4. All welding shall conform to CSA W59-1989 or latest revision and electrodes shall be type E480xx to CSA W48.1-M1980 or latest revision. 5. The individual or the corporation that employs the individual who performs the welding shall be certified in accordance with W47.1-1992 or latest revision. 6. The cap shall have no opening greater than 75 mm. 7. All bolts shall conform to ASTM A325 (A325M) or latest revision. 8. All galvanized coating shall conform to CSA G164 or latest revision. 9. All supports shall be founded on sound rock based on the minimum bearing value of good quality sedimentary rock of 600 kPa. 10. All oil and grease shall be removed in accordance with SSPC Standard SP-1 or latest revision. 11. The steel shall be cleaned and painted in accordance with the following rules: i. the prime coat shall be applied at a dry film thickness of 2.5 mils, ii. the two intermediate coats shall be applied at a dry film thickness of not less than 3.5 mils per coat, iii. the final high gloss, anti-fouling coat shall be applied at a dry film thickness of not less than 2 mils, iv. the coating material shall be applied by brushing or spraying or a combination of these methods, v. each coat shall be inspected for coverage and dry film thickness prior to the application of the following coat, vi. all painted surfaces that have been damaged during transit or installation shall be touched up with two intermediate coats and a final coat, vii. primer shall conform to CGSB-85-GP-10M or latest revision for plain steel surface, and viii. paint materials shall conform to CGSB standards.
15. An inspection of the cap shall be carried out at least once every five years to ensure that it continues to meet the specifications and requirements of this Code.
16. The measures designed to permanently prevent access to adits, ramps, declines or portals shall be certified by a qualified professional engineer.
17. If a shaft, raise or stope is to be backfilled rather than capped, the long term stability of the backfilled opening shall be certified by a qualified professional engineer. PART 2 OPEN PITS
18. The objective of this Part of the Code is to limit potential hazards, maintain public safety and restore the site to an appropriate land use.
19. When planning the rehabilitation of open pits, including quarries, open cuts and trenches, safety shall be the prime objective although land use and aesthetics are also important.
20. Open pits shall be rehabilitated through measures that have been decided upon after consideration of, (a) the dimensions of the open pit; (b) the characteristics of the pit walls and benches; (c) access to the crest of the open pit; (d) the nature of the rock; (e) faulting; (f) rock stability; (g) the surrounding topography; (h) the surrounding land use; (i) proximity to residential or recreational areas; (j) the disposition of waste rock extracted from the open pit; and (k) water elevations and ground water characteristics.
21. (1) Subject to subsections (2) to (6), open pits shall be rehabilitated by backfilling. (2) Flooding may be used to rehabilitate an open pit if fully justified in the closure plan. (3) Sloping may be used to rehabilitate an open pit if fully justified in the closure plan as being more appropriate than backfilling or flooding. (4) If backfilling, flooding or sloping are impracticable, boulder fencing or berming may be used if fully justified in the closure plan. (5) If none of the measures set out in subsections (1) to (4) are practicable, fencing and signs may be used if fully justified in the closure plan. (6) A combination of measures set out in subsections (1) to (5) may be used at different stages of closure if fully justified in the closure plan.
22. Where an open pit has a single vertical or near vertical drop of greater than 3 metres and a bench width of less than 3 metres and is not to be rehabilitated by the measure referred to in subsection 21 (1), a geotechnical study and report signed by a professional engineer shall be provided to state the long term stability of the structure.
23. If an open pit is flooded, (a) additional rehabilitation is required only with respect to workings above the final ground water elevation; (b) interim protection shall be provided until the final ground water elevation is reached; (c) at least one sloped entrance shall be left or created to allow a reasonable exit point should inadvertent access occur; and (d) a professional qualified in hydrogeology shall predict the water elevation within the pit to provide an assurance of the continuing effectiveness of flooding as a protective measure.
24. If boulder fencing is used, the boulders, (a) shall be a minimum of 2.0 metres in height; (b) shall be no further than 0.60 metres apart; and (c) where no geotechnical study exists, shall be set back from the toe of the pit at least a distance equivalent to the pit depth so as to locate the boulder fence beyond any area of potential pit instability.
25. If berming is used, the berm, (a) shall be at least 2.0 metres in height; (b) where no geotechnical study exists, shall be set back from the toe of the pit at least a distance equivalent to the pit depth so as to locate the berm beyond any area of potential pit instability; and (c) may be combined with a shallow trench or boulders to increase its effectiveness.
26. If fencing is used, fences,  (a) shall be constructed of at least #6 gauge chain-link galvanized material; (a.1) shall be constructed in accordance with, (i) the drawing entitled “Fence, Chain-link: Component — Barbed Wire” and identified as OPSD-972.101, (ii) the drawing entitled “Fence, Chain-link: Component — Gate” and identified as OPSD-972.102, and (iii) the drawing entitled “Fence, Chain-link: Installation — Roadway” and identified as OPSD-972.130, in Volume 3 of the Ontario Provincial Standards for Roads and Public Works, published by the Ministry of Transportation; (b) shall be secured against access at the bottom; (c) where no geotechnical study exists, shall be set back from the toe of the pit at least a distance equivalent to the pit depth so as to locate the fence beyond any area of potential pit instability; and (d) shall be used in conjunction with signs.
27. If signs are used in conjunction with another measure, the signs, (a) shall be at least 30 cm by 30 cm in size; (b) shall be placed no further than 20 metres apart; and (c) shall have at least the words “Danger — Open Hole”, in both English and French, in letters that are at least 3.5 cm in size. PART 3 STABILITY OF CROWN PILLAR AND ROOM AND PILLAR OPERATIONS
28. The objective of this Part of the Code is to limit potential hazards, maintain public safety and restore the site to an appropriate land use.
29. In this Part, “NGI-Q” means the Norwegian Geotechnical Institute Q value as given by E. Hoek, P.K. Kaiser and W.F. Bawden in “Support of Underground Excavations in Hard Rock”, A.A. Balkema, Rotterdam, 1995; “RMR” means the Council for Scientific and Industrial Research (CSIR) Rock Mass Rating as given by E. Hoek, P.K. Kaiser and W.F. Bawden in “Support of Underground Excavations in Hard Rock”, A.A. Balkema, Rotterdam, 1995.
30. (1) Where a crown pillar or pillars are to remain on a site, a geotechnical study shall be undertaken to determine their long term stability in order to select those rehabilitation measures that will be compatible with the planned or possible long term land use of the site, and the study shall be certified by a qualified professional engineer. (2) The study required under subsection (1) shall include at least information with respect to, (a) the history, if any, of instability of the rockmass in the stope walls or in the crown pillar; (b) whether backfilling of the stopes should be considered and, if so, the type of backfill that would be suitable; (c) the location of backfilled stopes and the backfill material used; (d) the proximity of people or infrastructure to the site; (e) the population density in the surrounding area; (f) the likelihood that the public will access the site; (g) the infrastructure at risk including roads, power lines, pipelines, gas lines, buildings; (h) the potential for mining or alternative uses in the future; (i) the possible environmental impacts caused by a failure; and (j) the current and future land use designation. (3) Based on the results of the study required under subsection (1), an assessment of the risk and consequences of crown pillar failure shall be provided by a qualified professional engineer.
31. For sites determined to be of low risk and consequence, the following is the minimum information that shall be evaluated: 1. General surface topography, including lakes, rivers, roads, buildings, benchmarks and survey details. 2. Sections showing the overburden profile. 3. Sections showing plans of all mine levels to a depth specified by a professional engineer that is not less than 200 metres below the base of the crown pillar. 4. The basic crown pillar/abutment and stope configuration, including length, span, thickness, basic geology and structural features. 5. The nature and composition of the backfill, where applicable. 6. The RMR and NGI-Q values for each of the controlling rock mass zones. 7. Historical information on rock mass instability, where available.
32. (1) For all other sites, the following minimum information shall be evaluated: 1. Surface conditions, including, i. surface topography in the vicinity of the crown pillar, ii. the presence or absence of a water body, iii. a surface projection of the underground working to a depth specified by a professional engineer that is not less than 200 metres below the base of the crown pillar, iv. general surface topography, including lakes, rivers, roads, buildings, benchmarks and survey details, v. all rights-of-way, utility corridors and easements, and vi. the surface area that would be affected by a crown pillar failure. 2. Overburden characterization, including, i. soil types and thicknesses, unless a qualified professional engineer considers this information unnecessary, ii. the bedrock-overburden interface topography, iii. the ground water regime, and iv. if soil investigation is undertaken, the following information shall be collected as a minimum requirement: A. bulk density, B. in situ bulk density, C. grain size distribution, D. friction angle, E. cohesion, F. moisture content, and G. ground water levels. 3. A rock mass characterization including, i. the geology, ii. the strike and dip of the ore body and host rocks, iii. the presence of structural features such a joints, faulting or cleavage, iv. the geotechnical classification of the hangingwall, footwall and crown pillar using both the RMR and NGI-Q classification systems, utilizing, A. underground mapping or drill core data evaluation, B. laboratory strength determination or published ranges, where available, with justification for using the data specified and its origin, and C. discontinuity characterization. 4. The mine workings geometry, including the geometry and location of the crown pillar, upper mine openings and stopes including, i. the mining width and depth, if mine unfilled, ii. the crown pillar thickness, iii. the stope span, iv. the nature and composition of backfill, v. the support method used, vi. all drifts, shafts and raises, and vii. historical information on rockmass instability, where available. 5. Other factors including the presence of, i. elevated horizontal stress fields, ii. multiple openings, and iii. complex geometries. (2) Numerical modelling of the crown pillar and stope geometry shall be conducted using an industry-recognized model to assist in assessing potential failure mechanism and the likelihood of crown pillar failure. (3) All rock and soil properties testing shall conform to American Society for Testing and Materials (ASTM) Standards.
33. (1) The results of the evaluation under sections 31 and 32 shall be used to determine appropriate rehabilitation measures for the crown pillars. (2) The measures determined under subsection (1) shall be justified, documented, and certified by a qualified professional engineer. (3) If it is determined that the appropriate rehabilitation measures include the use of fencing, the fences shall be constructed in accordance with the requirements set out in section 26 of this Schedule.
34. (1) For room and pillar operations, geotechnical studies and evaluations similar to those referred to in sections 30, 31 and 32 shall be undertaken in the manner specified by a qualified professional engineer. (2) The results of the evaluation under sections 31 and 32 shall be used to determine appropriate rehabilitation measures. (3) The measures determined under subsection (2) shall be justified, documented, and certified by a professional engineer. (4) If it is determined that the appropriate rehabilitation measures include the use of fencing, the fences shall be constructed in accordance with the requirements set out in section 26 of this Schedule. PART 4 TAILINGS DAMS AND OTHER CONTAINMENT STRUCTURES
37. The objective of this Part of the Code is to ensure that water quality is demonstrated to be unimpaired and that it is satisfactory for aquatic life and other beneficial uses.
38. (1) In this Part, “mixing zone” means the smallest possible area of surface water that does not meet the Provincial Water Quality Objectives (PWQO) established by the Ministry of the Environment as a result of discharge, drainage or seepage from a project, or the background levels for water quality referred to in subsection (2). (2) Subject to subsection (3), the surface water quality of a closed out site shall meet the PWQO referred to in subsection (1) or, where the proponent establishes that it is not practicable to meet the objectives set out therein, shall meet the background levels for water quality if the proponent establishes scientifically what those levels were. (3) The proponent may use a mixing zone if able to demonstrate scientifically that, (a) it is not practicable to meet either of the standards referred to in subsection (2); (b) contaminant levels in the mixing zone will meet the requirements of sections 44 and 45; and (c) the mixing zone is of minimal area.