Mining Regulatory Compliance Lawyer In Ontario

The regulatory framework governing mining in Ontario is complex, with multiple provincial and federal regulators overseeing different aspects of a mining project throughout its lifecycle. At Licata Law, our lawyers help mining companies navigate these complex, intertwining regulations.

Key Regulatory Bodies

Mining regulations in Ontario are governed by both federal and provincial regulators. Combined, these regulators govern most of the activities that may be undertaken in the lifecycle of a mine, including (but not limited to):

How exploration can be conducted

The environmental impact that a mine can have, and the procedures that must be put into place to limit that environmental impact

Labour and workers’ rights

Foreign ownership

To whom the products of the mine can be sold

Provincial Regulators

The Government of Ontario plays the most direct role in regulating mining activities through The Mining Act. Key regulatory bodies in Ontario include:

Other regulatory bodies and ministries, like the Ministry of Heritage, Sport, Tourism and Culture Industries and the Ministry of Transportation, may also influence the viability of a mining project.

Federal Regulators

Federal regulators also have significant sway over mining in Ontario. The key federal regulators mining companies should be aware of are:

Not all of these federal regulators are involved in every mining project; the Fisheries Act will only be applicable if mining activities could impact fish or fish habitats, while the Canadian Navigable Waters Act may only affect projects that could impact rivers, water crossings, and shipping routes.

A mining finance lawyer at our firm can help you navigate the regulatory frameworks laid out by the Investment Canada Act, the Special Economic Measures Act, and other relevant acts from Canadian regulators.

All About Licences And Permits

The Ontario Mining Association offers a broad overview of permitting requirements on its Mining 101 page.

On that page, you can find a breakdown of the dozens of permits that it takes to open, operate, and close a mine – and the regulators responsible for each permit. Though the names of some of the regulators are slightly outdated, it offers an excellent glimpse at the sheer number of licences and permits it may take to see a mining project through its lifecycle.

Environmental Assessment Requirements

Provincial EA Process

Environmental assessments in Ontario are conducted as a part of the Environmental Assessment Act. Environmental assessments are studies to assess the potential environmental impacts of a project.

In Ontario, mining projects are not always required to undergo environmental assessments. Projects that are designated for review by the Ministry of the Environment, Conservation and Parks or those that fall within prescribed categories under the Environmental Assessment Act, must, however, undergo an environmental assessment.

The triggers for an environmental assessment can be hard to determine, and a sudden environmental assessment can grind a project to a halt. For these reasons, many companies opt into voluntary agreements to undergo environmental assessments with the Ministry of the Environment, Conservation and Parks.

To learn how to conduct an environmental assessment, you can review the Government of Ontario’s Preparing Environmental Assessments page.

Federal Impact Assessment (For Larger Projects)

Larger mining projects may trigger a review under the Government of Canada’s Impact Assessment Act. Federal impact assessments determine the potential benefits and drawbacks of a project, then propose actions stakeholders in the project can take to minimize adverse effects and maximize benefits.

Impact assessments touch on potential environmental, economic, health, and social benefits and harms; under the IAA, regulators can impose mitigation measures on stakeholders to ensure that adverse effects are minimized. These mitigation measures must be implemented and are legally binding.

First Nations Consultation Obligations

Duty To Consult Framework

The Crown – whether that be the Province of Ontario or the Government of Canada – has a duty to consult with Indigenous communities before projects that could directly affect those communities are undertaken.

Practically, the Crown often requires mining project proponents to undertake some procedural aspects of consultation. Proponents may be asked to engage with communities, share information with those communities, and take steps to mitigate the negative impacts of mining activities.

The Government of Ontario provides a detailed consultation framework that stakeholders in a mining project can review.

Impact Benefit Agreements

Impact benefit agreements are legally binding agreements that set the terms for how the proponents of a mining project and an Indigenous community will collaborate and cooperate on the project. These agreements may involve financial remuneration to the Indigenous community. More and more frequently, they may also include provisions regarding:

Education, training, and employment for members of the community

Environmental stewardship

Business development and community investment

Not all mining projects require an impact assessment agreement; these legally binding agreements can, however, secure community buy-in and stave off potential costly delays.

Penalties For Non-Compliance

The penalties for non-compliance with mining regulations vary substantially depending on which regulations were violated and the severity of the violations. Non-compliance can lead to costly delays, fines, and even criminal charges.

How Licata Law Can Help

We have experience navigating the complex regulatory landscape governing mining projects in Ontario. We can help our clients understand regulations, draft and review materials slated to be submitted to regulators, and provide assistance should a regulator pursue administrative or legal penalties.

Looking for a mining lawyer in Ontario? Contact Licata Law today.

FAQ

What permits are required to start mining exploration in Ontario?

To begin exploration, a proponent must either submit an exploration plan or apply for an exploration permit. Additional permits, such as road construction permits, Land Use Permits, and Natural Resource Canada explosives permits, may be required – it all depends on the type of exploration work being conducted.

How long does the environmental assessment process typically take?

The amount of time that an environmental assessment (EA) will take depends heavily on the type of assessment in question.

– Class EAs take less time than individual EAs
– Individual EAs (for major projects) take less time than impact assessments
– Impact assessments take the longest

The EA timeframe can take anywhere from 6 months to 6 years or longer.

What are the consequences of operating without proper mining permits?

Operating without proper mining permits can lead to costly delays and even the termination of the project. Possible consequences also include administrative penalties and criminal charges.

Schedule A Consultation

Licata Law is happy to provide free initial consultations to understand your legal matters. To schedule a consultation, fill out the quick form and the lawyer will respond to you shortly to set up a date and time to discuss your legal needs.