Regulatory Corner - October 2023

Ontario – Mining Act Proposed Regulatory and Mine Rehabilitation Code Amendments

Following upon on 2022/23 legislative amendments to the Mining Act, Ontario is now proposing amendments to its Advanced Exploration, Mine Development and Closure Regulation 240/00 and associated Mine Rehabilitation Code, which amongst other matters specifically references CDA technical guidance.

The policy proposal notes that eliminating Ministry of Mines technical review is being offset by: strengthening the certification structure, removing gaps in certified items where appropriate, and defining a "qualified person” such that it incorporates appropriate training, experience, education, and expertise (and, where a professional designation is involved, accountability through the qualified person’s regulatory requirements associated with that profession). The Mine Rehabilitation Code would be removed from the new regulation and referenced as a policy document.

Further information on the proposed regulatory amendments are available at: Proposed regulatory amendments required to implement legislative amendments made through Building More Mines Act, 2023 | Environmental Registry of Ontario

Ontario – Ontario Provincial Climate Change Impact Assessment Report

On August 25, 2023, the Ministry of Environment, Conservation and Parks released this January 2023 Report prepared by the Climate Risk Institute. The Report gives a baseline understanding of how Ontario will continue to experience the impacts of climate change.

The climate change impact assessment evaluates impacts on a regional scale focusing on key themes including: infrastructure; food and agriculture; people and communities; natural resources, ecosystems and the environment; and business and the economy.

Specific to dams, Section 6.7.3 Infrastructure (Stormwater) provides a brief but important recognition of how climate change will impact water management, the key roles played by dams and require increased consideration of climate resiliency.

The Report is available at: Ontario Provincial Climate Change Impact Assessment | ontario.ca

 

Canada - Electricity Vision Paper: Powering Forward and Proposed Clean Electricity Regulations

As part of its commitment to a carbon net zero electricity system, the federal government recently released its Electricity Vision Paper: Powering Forward, as well as announcing consultation on its proposed Clean Electricity Regulations. These federal initiatives will be of interest to dam owners, given the significant role and contribution that hydro electric power and its associated dams play in Canada’s current and future electricity supply.

The federal documents are available at: https://www.canada.ca/en/natural-resources-canada/news/2023/08/government-of-canada-releases-vision-to-build-a-clean-affordable-and-reliable-electricity-system-to-power-canada-forward.html and https://www.canada.ca/en/environment-climate-change/services/canadian-environmental-protection-act-registry/publications/proposed-frame-clean-electricity-regulations.html

 

British Columbia – Investment Agriculture Foundation Funding

New funding has been made available from the Investment Agriculture Foundation for the province’s rural community to support the improvement, rehabilitation, expansion or new construction of water storage systems for farms – including agricultural dams.

Further information on the program and the cost shared funding is available at: Agricultural Water Infrastructure Program – Investment Agriculture Foundation of BC (iafbc.ca)