12. (1) A proponent is solely responsible for ensuring that the measures contained in a filed or approved closure plan for the rehabilitation of a project site under Part VII of the Act are carried out in accordance with the plan, including any amendments to the plan filed or approved by the Director. O. Reg. 226/21, s. 7 (1). (1.1) In subsections (2) to (10), a reference to a closure plan includes an amendment to a closure plan.  O. Reg. 282/03, s. 3 (1). (2) A closure plan submitted under Part VII shall contain the following certificate signed by the proponent where the proponent is an individual, or the chief financial officer and one other senior officer where the proponent is a corporation: I (We) hereby certify that, (a) the attached closure plan complies in all respects with the Mining Act and this Regulation, including the Code; (b) the proponent relied upon qualified professionals in the preparation of the closure plan, where required, under the
Mining Act and this Regulation, including the Code; (c) the cost estimates of the rehabilitation work described in the attached closure plan are based on the market value cost of the goods and services required by the work; (d) the amount of financial assurance provided for in the attached closure plan is adequate and sufficient to cover the cost of the rehabilitation work required in order to comply with the Mining Act and this Regulation, including the Code; (e) the proponent has complied with any written direction regarding Aboriginal consultation provided by the Director pursuant to subsection 8.1 (2); (f) the attached closure plan constitutes full, true and plain disclosure of the rehabilitation work currently required to restore the site to its former use or condition or to make the site suitable for a use the Director sees fit in accordance with the Mining Act and this Regulation, including the Code.  O. Reg. 240/00, s. 12 (2); O. Reg. 307/12, s. 7 (1); O. Reg. 226/21, s. 7 (2). (3) A closure plan submitted under Part VII shall include all certificates required by the closure plan, signed by the person providing the certificate.  O. Reg. 240/00, s. 12 (3); O. Reg. 226/21, s. 7 (2). (4) A certificate shall, (a) state the name, address, occupation and qualifications of the person providing it; (a.1) provide a statement of the specific aspects of the closure plan with respect to which the certificate relates; (b) indicate whether the person providing the certificate personally examined the project or examined information related to it provided by another source; (c) state the date of an examination carried out under clause (b); (d) if the certificate is not based on personal examination of the project, indicate the source of the information assessed before making the certificate; and (e) contain details of any direct or indirect interest, current or expected, of the person providing the certificate or of a person who has provided information to that person, in the project of a corporate proponent or any of the proponent’s affiliates, including any direct or indirect beneficial ownership in the securities of the proponent or any of its affiliates.  O. Reg. 240/00, s. 12 (4); O. Reg. 282/03, s. 3 (2); O. Reg. 194/06, s. 3. (f)  Revoked:  O. Reg. 282/03 s. 3 (2). (5) For the purposes of clause (4) (e), a corporation shall be deemed to be affiliated with another corporation if one of them is the subsidiary of the other, both are subsidiaries of the same corporation or each of them is controlled by the same person.  O. Reg. 240/00, s. 12 (5); O. Reg. 282/03, s. 3 (3). (6) The proponent shall submit to the Director the number of copies of the closure plan document as is specified by the Director. O. Reg. 307/12, s. 7 (2). (7) If any item of information required in a closure plan is not applicable to a project, the proponent shall specifically refer to the item of information in the closure plan and state that the item is not applicable.  O. Reg. 240/00, s. 12 (7). (8) If a closure plan relates to a project with respect to an existing or abandoned site and information is required regarding conditions or events that existed or occurred prior to the start of the project, the proponent shall provide the information that is reasonably available and, where such information is not reasonably available, shall indicate what searches have been undertaken with a view to providing the required information, including a list of any sources searched.  O. Reg. 240/00, s. 12 (8). (9) A plan or map, or additional detail or background information, required in a closure plan may appear in an appendix to the closure plan if the proponent specifically refers to the plan, map, detail or information under the item of information required in the closure plan to which the plan, map, detail or information relates.  O. Reg. 240/00, s. 12 (9). (10) An appendix to a closure plan forms part of the closure plan.  O. Reg. 240/00, s. 12 (10). Financial Assurance