Red Tape Reduction Act (Ministry of Northern Development and Mines), 1997
EXPLANATORY NOTE
The Bill is part of the government's initiative to reduce red tape. It amends the Mining Act as follows:
The definition of "minerals' is amended to include precious minerals.
The requirement to stake out and record placer mining claims is eliminated.
The Lieutenant Governor in Council may prescribe the circumstances where a proponent need not comply with a provision in a regulation respecting rehabilitation of mining lands.
The Lieutenant Governor in Council is authorized to make regulations that are particular in application, may be limited as to time or place or both, and that apply in areas designated by the Minister of Northern Development and Mines.
The Minister of Northern Development and Mines is authorized to set the amount of fees required to be paid to the Minister, the Ministry, the Commissioner, or a recorder under the Act.
Bill 1201997
An Act to reduce red tape by
amending the Mining Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The definition of "minerals" in section 1 of the Mining Act is amended by striking out "precious metals" in the fifth line and substituting "precious minerals and metals".
2. Subsection 95 (8) of the Act is amended by striking out "the prescribed amount" in the second line and substituting "the amount set by the Minister".
3. Part III of the Act is repealed.
4. Clause 164 (1) (g) of the Act is amended by striking out "a placer mining claim" in the second and third lines.
5. (1) Paragraph 3 of subsection 176 (1) of the Act is repealed.
(2) Subsection 176 (2) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134 and 1996, chapter 1, Schedule O, section 32, is further amended by adding the following paragraphs:
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.
(3) Section 176 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134 and 1996, chapter 1, Schedule O, section 32, is further amended by adding the following subsections:
Regulations may be general or particular
(2.2) A regulation made under subsection (1) or (2) 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.
Minister's designations
(2.3) The Regulations Act does not apply to a Minister's designation that is permitted by subsection (2.2).
6. The Act is amended by adding the following section after the heading "Fees":
Fees
177.1 The Minister may set the amount of any fee required to be paid to the Minister, the Ministry, the Commissioner or a recorder under this Act.
7. The following provisions are amended by striking out "prescribed fee" in the places referred to and substituting in each case "required fee":
1. Section 8, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 4, last line.
2. Subsection 19 (1), last line.
3. Subsection 21 (1), fourth line.
4. Clause 22 (1) (b).
5. Subsection 25 (1), as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 7, last line.
6. Subsection 44 (1.1), as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 12, third line.
7. Subsection 46 (2), ninth line.
8. Subsection 47 (1), third line.
9. Subsection 48 (1), thirteenth and fourteenth lines.
10. Subsection 48 (2), tenth line.
11. Subsection 48 (7), first line.
12. Subsection 64 (1), seventh line.
13. Subsection 64 (2), sixth line.
14. Subsection 64 (6), sixth line.
15. Subsection 64 (10), first line.
16. Section 77, third line.
17. Subsection 79 (9), last line.
18. Clause 81 (2) (d).
19. Subsection 83 (1), fourth line.
20. Subsection 110 (4), second and third lines.
21. Subsection 114 (1), sixth line.
22. Section 131, second line.
23. Subsection 134 (2), sixth line.
24. Subsection 134 (3), fourth line.
25. Subsection 181 (8), last line.
26. Subsection 185 (5), last line.
27. Subsection 196 (2), last line.
Commencement
8. This Act comes into force on the day it receives Royal Assent.
Short title
9. The short title of this Act is the Red Tape Reduction Act (Ministry of Northern Development and Mines), 1997.