8.1 (1) Before submitting a closure plan pursuant to paragraph 4 of subsection 140 (1) or paragraph 4 of subsection 141 (1) of the Act or an amendment to a closure plan pursuant to paragraph 4 of subsection 143 (1) of the Act, a proponent shall, (a) give notice to the Director by submitting a notice of project status or a notice of material change, as appropriate; and (b) conduct consultation with Aboriginal communities as directed. O. Reg. 307/12, s. 3; O. Reg. 226/21, s. 5 (1). (2) The Director shall provide written direction with respect to consultation with Aboriginal communities after the Director receives a notice under subsection (1) or an application to rehabilitate a mine hazard pursuant to section 139.2 of the Act, (a) to the proponent that has given notice under subsection (1); or (b) to an applicant that has applied to rehabilitate a mine hazard pursuant to section 139.2 of the Act. O. Reg. 307/12, s. 3. (3) The written direction provided by the Director shall identify the Aboriginal communities that are to be notified and may do any one or more of the following: 1. Require that the proponent or applicant prepare a proposed plan for consultation with Aboriginal communities for review by the Director. 2. Establish a schedule for making interim reports to the Director. 3. Direct that the proponent or applicant do such other things by way of consultation with Aboriginal communities as the Director considers, in his or her sole discretion, appropriate in the circumstances. O. Reg. 307/12, s. 3. (4) A proponent or applicant shall consult with Aboriginal communities pursuant to, (a) a proposed plan for consultation, where one has been required, that has been reviewed by the Director; and (b) any direction provided by the Director with respect to consultation with Aboriginal communities. O. Reg. 307/12, s. 3. (5) Proponents before giving notice under subsection (1) and applicants before submitting an application to rehabilitate a mine hazard may consult with Aboriginal communities and, where they do so, they shall first request that the Director identify Aboriginal communities to be notified of their proposed activity. O. Reg. 307/12, s. 3. (6) Proponents and applicants who have consulted with Aboriginal communities before submitting their notice or application shall include with the notice or application submitted to the Director a consultation report in the approved form detailing how comments from Aboriginal communities, if any, have been considered. O. Reg. 307/12, s. 3. (7) Where a proponent or applicant is required to provide interim reports to the Director, the proponent or applicant shall provide the reports in the approved form, unless directed otherwise by the Director. O. Reg. 307/12, s. 3. (8) The Director may at any time, including after reviewing any interim reports, provide such further direction with respect to consultation with Aboriginal communities or with respect to a proponent’s or applicant’s proposed plan for consultation as the Director, in his or her sole discretion, considers appropriate in the circumstances. O. Reg. 307/12, s. 3. (9) Where a proponent has conducted consultation, the proponent shall not submit a closure plan or an amendment to a closure plan to the Director before the following criteria are met: 1. The proponent has submitted to the Director a consultation report in the approved form, which includes information with regard to any arrangement reached with an Aboriginal community or the efforts made to reach such an arrangement. 2. The proponent has received notice from the Director that the Director is satisfied that appropriate consultation with Aboriginal communities has been carried out. O. Reg. 226/21, s. 5 (2). (10) Where an applicant has conducted consultation, the Director may require that the applicant submit a consultation report in the approved form at any time before approving the application to rehabilitate a mine hazard. O. Reg. 307/12, s. 3. (11) In this section, “applicant” means a person who has applied or intends to apply to rehabilitate a mine hazard pursuant to section 139.2 of the Act. O. Reg. 307/12, s. 3. Dispute Resolution re Aboriginal Consultation on Closure Plans