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OntarioPassed41st Parliament, 2nd Session

Bill 39 explained in plain English

Aggregate Resources and Mining Modernization Act, 2017

Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Ontario Legislature
Legislature / Parliament
Legislative Assembly of Ontario
Session
41st Parliament, 2nd Session
Bill number
Bill 39
Full title
Aggregate Resources and Mining Modernization Act, 2017
Current status
Passed
Latest event
Royal Assent received
Last updated
May 10, 2017

Official Legislative Assembly of Ontario snapshot for 41st Parliament, 2nd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.

Chamber
Legislative Assembly of Ontario
Current Stage
Royal Assent received
Latest Activity
May 10, 2017
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill 39 modernizes Ontario's aggregate and mining industries by introducing an electronic administration system for mining lands, an online registration process for mining claims, and new Aboriginal consultation requirements.

What It Means

This bill, the Aggregate Resources and Mining Modernization Act, 2017, makes several changes to Ontario's laws regarding aggregate resources and mining. Key changes include establishing a new electronic mining lands administration system, modernizing the mining claims registration process to an online, cell-based system, and introducing new consultation requirements with Indigenous communities. It also updates various procedures, fees, and enforcement mechanisms within both the Aggregate Resources Act and the Mining Act.

What This Bill Does
  • Amends the Aggregate Resources Act and the Mining Act.
  • Introduces requirements for consultation with Aboriginal communities before certain licensing or permitting powers are exercised.
  • Modernizes the mining claims registration system by implementing an electronic, cell-based system and creating a new mining lands administration system.
  • Establishes new rules for the creation, conversion, and management of mining claims, including 'legacy claims,' 'cell claims,' and 'boundary claims.'
  • Updates provisions related to prospector's licenses, including the name of the awareness program.
  • Introduces new offences and penalties for providing false or misleading information under the Act.
  • Provides for increased information gathering from licensees and permittees.
  • Changes various administrative procedures, fees, and enforcement powers related to aggregate permits and mining claims.
  • Introduces provisions for the Minister to waive fees and to have enhanced powers to amend licences and permits.
Who Is Affected
  • Operators and holders of licences and permits under the Aggregate Resources Act.
  • Individuals and companies involved in mining activities under the Mining Act.
  • Aboriginal communities.
  • The Minister of Natural Resources and Forestry and other relevant ministries.
  • Inspectors and public servants involved in the administration of these Acts.
  • The Ontario Aggregate Resources Corporation (as trustee of the Trust).
  • Applicants for licences and permits.
  • Holders of mining claims.
  • Surface rights holders.
Rights, Duties, Or Obligations
  • The Minister must consider adequate consultation with Aboriginal communities before exercising certain powers related to licences or permits.
  • Licensees and permittees must submit annual compliance reports.
  • Licensees and permittees must submit reports on progressive and final rehabilitation of sites.
  • Licensees and permittees must provide information as directed by the Minister.
  • Claim holders must perform annual assessment work or make payments in lieu.
  • Claim holders must ensure that annual aggregate removal does not exceed permitted amounts.
  • A new offence is created for providing false or misleading information.
  • The Minister can waive application fees for licences and permits.
Important Dates
  • The Act received Royal Assent on May 10, 2017.
  • Some provisions of the Act came into force on Royal Assent.
  • Other provisions come into force on a day to be named by proclamation of the Lieutenant Governor.
  • Specific commencement dates for certain sections related to the Aggregate Resources Act and the Mining Act are noted as being proclaimed.
Financial Or Tax Impacts
  • Fees payable under the Aggregate Resources Act are required to be prescribed by regulation.
  • The Minister may waive application fees for licences and permits.
  • New provisions require a person who applies to transfer or surrender a licence or permit to pay an application fee.
  • The Aggregate Resources Trust must comply with performance reporting requirements.
  • A new maximum fine of $1,000,000 and a new maximum daily fine of $100,000 are established for offences under the Aggregate Resources Act.
  • The Mining Act is amended to reflect new fees and payment structures related to the electronic mining lands administration system and mining claim registration.
  • A fine of not more than $25,000 is established for making a false statement in the mining lands administration system or related documents under the Mining Act.
Enforcement Or Penalties
  • Inspectors are given the power to provide reports on contraventions identified during inspections to encourage voluntary compliance.
  • A new offence is established for providing false or misleading information under the Aggregate Resources Act.
  • Penalties for offences under the Aggregate Resources Act are updated, with a new maximum fine of $1,000,000 and an additional daily fine of $100,000.
  • The Mining Act is updated with new offence provisions reflecting the mining lands administration system and the mining claims registry.
  • The Minister is given enhanced powers to amend licences and permits and to require new site plans.
  • The Minister can revoke licences or permits in cases of insolvency, death of the licensee/permittee, or dissolution of a corporation.
Uncertainties Or Limits
  • Details regarding prescribed materials, criteria for operations without licences/permits, and specific requirements for custom plans, site plans, and reports are to be determined by regulation.
  • The commencement date for certain provisions is dependent on proclamation by the Lieutenant Governor.
  • The specific details of the electronic mining lands administration system and the mining claims registry, including directives for public use, are established by the Minister.
  • The Act notes that the Minister will consider Aboriginal consultation, but the extent and adequacy of this consultation are not explicitly defined in the text provided.
  • The bill text does not specify the exact dollar amounts for all prescribed fees or the precise details of how fees will be disbursed by the Trust or other prescribed entities.
Laws Or Regulations Affected
Aggregate Resources Act
amends

The bill makes numerous amendments to this Act, including changes to definitions, licensing and permitting procedures, fee structures, reporting requirements, enforcement powers, and provisions related to Aboriginal consultation.

Source: SCHEDULE 1

Mining Act
amends

The bill significantly amends this Act to implement a new electronic mining lands administration system, an online registration system for mining claims, and to update various definitions, procedures, and enforcement mechanisms.

Source: SCHEDULE 2

Clean Water Act, 2006
amends

An amendment to the Aggregate Resources Act provides an exception to the hearing requirement when a licence or permit is changed to implement a source protection plan under this Act.

Source: Section 44 of the Aggregate Resources Act, as amended by Section 37(2) of Bill 39

Executive Council Act
amends

An amendment clarifies that the Minister responsible for the Aggregate Resources Act can be any minister to whom responsibility is assigned or transferred under this Act.

Source: Section 1(4) of the Aggregate Resources Act, as amended by Section 1(4) of Bill 39

Archives and Recordkeeping Act, 2006
amends

The Mining Act is amended to require the mining claims registry to be maintained in accordance with the requirements established under this Act.

Source: Section 7(1)(b) of the Mining Act, as amended by Section 4 of Bill 39

Legislation Act, 2006
amends

Part III of this Act does not apply to the establishment of fees under Section 177.1 of the Aggregate Resources Act.

Source: Section 177.1(4) of the Aggregate Resources Act, as amended by Section 77 of Bill 39

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Process Snapshot

Step 1
First reading
Oct 6, 2016
Step 2
Second reading
Nov 15, 2016
Step 3
Committee review
Mar 9, 2017
Step 4
Third reading
May 9, 2017
Step 5
Royal assent
May 10, 2017

Vote Summary

No published recorded division

This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.

Sponsor
Kathryn McGarry
Sponsor party or district not listed
Jurisdiction
Ontario Legislature

No published representative vote breakdown

The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced