Adams Mine Lake Act, 2004

Bills that amended this Act0

No published amendment links yet for this Act.

Sections18

• 1Definitions

  1 In this Act, “Adams Mine site” means the abandoned open pit mine, commonly known as the Adams Mine, located approximately 10 kilometres southeast of the Town of Kirkland Lake in the geographic township of Boston in the District of Timiskaming; (“mine Adams”) “waste” has the same meaning as in Part V of the Environmental Protection Act. (“déchets”) 2004, c. 6, s. 1.

• 1.
• 2Prohibition on disposal of waste at Adams Mine site

  2 No person shall dispose of waste at the Adams Mine site. 2004, c. 6, s. 2.

• 2.
• 3Revocation of approvals related to Adams Mine site

  3 (1) The following are revoked: 1. The approval dated August 13, 1998 that was issued to Notre Development Corporation under the Environmental Assessment Act, including any amendments made after that date. 2. Certificate of Approval No. A 612007, dated April 23, 1999, issued to Notre Development Corporation under Part V of the Environmental Protection Act, including any amendments made after that date. 3. Approval No. 3250-4NMPDN, dated July 9, 2001, issued to Notre Development Corporation under section 53 of the Ontario Water Resources Act, including any amendments made after that date. 4. Any permit that was issued under section 34 of the Ontario Water Resources Act before this Act comes into force in response to the application submitted by 1532382 Ontario Inc. for New Permit #4121-5SCN9N (00-P-6040) and described on the environmental registry established under the Environmental Bill…

• 3.
• 4Schedule 1 lands

  4 (1) An agreement entered into by Notre Development Corporation or 1532382 Ontario Inc. after December 31, 1988 and before this Act comes into force is of no force or effect if the agreement is with the Crown in right of Ontario and is in respect of, (a) the purchase or sale of the lands described in Schedule 1 or any part of those lands; (b) the granting of letters patent for the lands described in Schedule 1 or any part of those lands; or (c) any interest in, or any occupation or use of, the lands described in Schedule 1 or any part of those lands. 2004, c. 6, s. 4 (1). Letters patent (2) If any letters patent are issued to Notre Development Corporation or 1532382 Ontario Inc. before this Act comes into force or during the 60 days after this Act comes into force in respect of the lands described in Schedule 1, or any part of those lands, (a) the letters patent cease to have any force …

• 4.
• 5Extinguishment of causes of action

  5 (1) Any cause of action that exists on the day this Act comes into force against the Crown in right of Ontario, a member or former member of the Executive Council, or an employee or agent or former employee or agent of the Crown in right of Ontario in respect of the Adams Mine site or the lands described in Schedule 1 is hereby extinguished. 2004, c. 6, s. 5 (1). Same (2) No cause of action arises after this Act comes into force against a person referred to in subsection (1) in respect of the Adams Mine site or the lands described in Schedule 1 if the cause of action would arise, in whole or in part, from anything that occurred after December 31, 1988 and before this Act comes into force. 2004, c. 6, s. 5 (2). Aboriginal or treaty rights (3) Subsections (1) and (2) do not apply to a cause of action that arises from any aboriginal or treaty right that is recognized and affirmed by secti…

• 5.
• 6Compensation

  6 (1) The Crown in right of Ontario shall pay compensation to 1532382 Ontario Inc. and Notre Development Corporation in accordance with this section. 2004, c. 6, s. 6 (1). Amount (2) Subject to subsection (3), the amount of the compensation payable to a corporation under subsection (1) shall be determined in accordance with the following formula: A + B + C where, A = the reasonable expenses incurred and paid by the corporation after December 31, 1988 and before April 5, 2004 for the purpose of using the Adams Mine site to dispose of waste, B = the lesser of, i. the reasonable expenses incurred by the corporation after December 31, 1988 and before April 5, 2004, but not paid before April 5, 2004, for the purpose of using the Adams Mine site to dispose of waste, and ii. $1,500,000, in the case of Notre Development Corporation, or $500,000, in the case of 1532382 Ontario Inc., C = the reaso…

• 6.
• 7

  7 Omitted (amends or repeals other Acts). 2004, c. 6, s. 7.

• 7.
• 8

  8 Omitted (provides for coming into force of provisions of this Act). 2004, c. 6, s. 8.

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• 9

  9 Omitted (enacts short title of this Act). 2004, c. 6, s. 9. SCHEDULE 1 The lands described as: Location CL 411-A, Boston Township, District of Timiskaming, containing 387.48 hectares; Location CLM 104, McElroy Township, District of Timiskaming, containing 238.72 hectares; Parts 1, 2, 3, 4, 5, 6, Plan 54R-2947, Boston Township, District of Timiskaming, containing 14.58 hectares; Parts 1, 2, 3, Plan 54R-1694, Boston Township, District of Timiskaming, containing 18.76 hectares; Location CL 936, Plan TER-670, Boston Township, District of Timiskaming, containing 33.46 hectares; Parts 1, 2, Plan 54R-1807, Boston Township, District of Timiskaming, containing 37.10 hectares; Parts 1, 2, 3, Plan 54R-1693, Boston Township, District of Timiskaming, containing 12.12 hectares; Parts 1, 2, Plan 54R-2322, Boston Township, District of Timiskaming, containing 18.69 hectares; Part 1, Plan 54R-1540, Bost…

• 9.