Phase II Amendments To Ontario Mining Act Now In Effect

The previously announced amendments to the Ontario Mining Act (the "Act"), which came into force on November 1, 2012, will have a substantial impact on the activities of exploration stage mining companies. The Phase II amendments contemplate considerable consultation and cooperation between exploration stage mining companies and Aboriginal groups and open the door for companies to undertake voluntary rehabilitation projects without assuming liability for pre-existing environmental issues. Highlights of the amendments include:

1. Duty to Consult. Amendments clarify that the purpose of the Act is to promote mineral exploration and development in a manner that recognizes and affirms Aboriginal and treaty rights and to facilitate ongoing engagement by industry members with Aboriginal communities. Accordingly, the rules impose a mandatory duty to conduct Aboriginal consultation in connection with most stages of early exploration, including when developing an exploration