This consultation was open from:
December 5, 2025
to February 3, 2026
Decision summary
Ontario is streamlining environmental permissions for certain early mineral exploration projects while maintaining environmental protection. These changes support Ontario’s Critical Minerals Strategy, helping to unlock investment, create jobs and drive economic development.
Decision details
Ontario is taking action to help accelerate mineral exploration projects, support economic development and make Ontario more competitive while continuing to protect human health and the environment.
We are moving forward with the following regulatory amendments which will come into effect on September 1, 2026:
Amendment to Ontario Regulation 525/98 under the Ontario Water Resources Act
We are amending Ontario Regulation 525/98 under the Ontario Water Resources Act (OWRA) to exempt proponents from requiring an environmental compliance approval (ECA) for sewage works directly related to early exploration activities where the proponent has an early exploration plan or permit under the Mining Act.
An example of sewage works that would be exempt is a pit used to remove drill cuttings that are extracted while drilling for core samples from the water that is recirculated on the site.
The regulatory amendments do not exempt proponents from requiring permissions for sewage works that handle or treat sanitary sewage such as domestic sewage generated at worker camps.
Amendment to Ontario Regulation 387/04 under the OWRA
We are amending Ontario Regulation 387/04 under the OWRA to exempt proponents from requiring a Permit to Take Water (PTTW) for certain water taking activities directly related to early exploration activities where the proponent has an early exploration plan or permit.
To qualify for the proposed exemption, activities would be required to meet certain environmentally protective eligibility criteria. These criteria are aimed at confirming that exempt water takings are non-consumptive and are from water sources with characteristics where the potential for impact from takings that are part of early exploration projects is low, and to require proponents to conduct the water takings in a manner that does not have adverse impacts. If these eligibility criteria are not met, proponents would be required to obtain a PTTW.
Amendment to Ontario Regulation 524/98 under the Environmental Protection Act
The ministry has amended Ontario Regulation 524/98 under the Environmental Protection Act (EPA) to exempt proponents from requiring an ECA for air and noise emissions that directly result from early exploration activities where a proponent has an early exploration plan or permit.
Air and noise emissions from early exploration are typically localized and intermittent as this phase involves small-scale activities such as line cutting, geological mapping, geophysical and geochemical surveys, pitting and trenching, stripping and drilling.
Amendment to Ontario Regulation 63/16 under the EPA
We have amended Ontario Regulation 63/16 under the EPA to clarify that proponents can register construction dewatering related to activities that are ancillary to mining online on the Environmental Activity and Sector Registry (EASR) instead of obtaining a PTTW or ECA. Examples include construction dewatering activities related to the construction of a highway or access road to a mine or the construction of an office building for a mining company not inside the mine.
Analysis of regulatory impact
The regulatory changes would accelerate permissions for mineral exploration projects, allowing these projects to start faster, saving proponents the time, cost and resources they currently spend on obtaining environmental permissions and keeping Ontario competitive while maintaining environmental protection. The proposal supports Ontario’s Critical Minerals Strategy by streamlining approvals for the mining sector and aligns with the Protect Ontario by Unleashing Our Economy Act, 2025.
The changes are expected to result in estimated total cost savings of approximately $17.4 million for proponents and savings of over 11,240 hours of regulatory compliance hours over the next 10 years.
Effects of consultation
The ministry received 17 submissions directly through the ERO and 775 comments through email, for a total of 793 submissions, with 774 of the emails generated through organized letter writing campaigns. Comments were received from municipalities, industry, environmental organizations, Indigenous communities and organizations and individual members of the public.
While consulting on this proposal through the Environmental and Regulatory Registries, we also consulted with Indigenous Communities throughout late 2025 and 2026. This included holding six hybrid in-person/virtual information sessions across Ontario.
Support for accelerating environmental permissions
Comments from industry stakeholders were supportive of the proposal, indicating that the changes would speed up the approvals process for mining activities, resulting in reduced costs and timelines for projects. Certain stakeholders also provided recommendations to streamline additional permissions related to mining activities.
The changes allow proponents to start early exploration activities without waiting up to a year for an ECA or PTTW to be issued by the ministry.
The ministry did not expand the original proposal to streamline permissions for additional types of mining activities but will consider these suggestions in future proposals to accelerate permissions while maintaining environmental protection.
Concerns related to potential for reduced ministry oversight and environmental protection and increased cumulative impacts
We heard concerns that the exemptions would potentially reduce ministry oversight and environmental protection and would increase cumulative impacts that could impact water availability.
The activities that have been exempted pose little to no risk to the environment. Environmental protection is maintained through a combination of requirements under the Mining Act and through exemption criteria in the new regulatory amendments:
- To qualify for the exemptions, activities must meet environmentally protective regulatory criteria and proponents must meet certain regulatory requirements when engaging in the exempt activities. An example is implementing erosion and sediment control measures for any discharge to a water body.
- Proponents must first have an early exploration plan or permit under the Mining Act to qualify for the exemptions.
- Under the Mining Act and Ontario Regulation 308/12 (Exploration Plans and Exploration Permits), proponents engaged in early exploration activities are required to follow the Provincial Standards for Early Exploration which include certain requirements to prevent contamination of waterbodies.
MECP continues to retain the ability to inspect activities to confirm that the requirements to qualify for an exemption are met and to take action if there is an adverse impact through a range of tools such as orders.
The regulatory amendments are not expected to result in cumulative impacts. To qualify for the exemption related to water taking activities, any water that is taken must be returned to the same watershed to mitigate cumulative impacts. Any consumptive water takings would continue to require a ministry-reviewed PTTW. Additionally, air and noise emissions from mineral exploration activities are intermittent and temporary and not expected to result in cumulative impacts on the environment.
Concerns related to potential reduction in consultation opportunities
We heard concerns that exempting proponents from requiring environmental permissions for mineral exploration activities would potentially reduce opportunities for consultation with the public and Indigenous communities.
Although MECP will no longer consult with the public and Indigenous communities on the individual sewage works, air and noise emissions and water taking activities related to early exploration that are now exempt, other opportunities for consultation continue to exist.
As described above, proponents would first need to have an early exploration plan or permit as needed under the Mining Act to qualify for the exemptions. Early exploration plans and permits are typically posted on the Environmental Registry of Ontario (ERO) for public consultation. In addition, any duty to consult obligations held by the Crown must be met regarding submitted early exploration plans or early exploration permit applications. As part of the consultation process under Ontario Regulation 308/12 under the Mining Act, communities identified for notification, and where applicable, consultation on submitted exploration plans or submitted applications for early exploration permits would have the ability to provide comments or express concerns as it relates to potential adverse impacts on Aboriginal and treaty rights. If potential adverse impacts related to a plan are identified, the Director of Exploration frequently requires an early exploration permit application. Before a Director of Exploration can issue an early exploration permit they must be satisfied that adequate consultation has taken place.
Compliance and enforcement
We also heard concerns about how the ministry would enforce compliance with regulatory requirements.
The ministry would continue to retain the ability to inspect activities to confirm that the requirements to qualify for an exemption are met and to take action if there is an adverse impact through a range of tools including education and outreach, notices of violations, mandatory measures such as ministry orders that legally require actions to be taken or investigations that could result in a prosecution.
Clarification on scope of regulatory amendments
After a comprehensive review of the feedback received, the ministry found that there were certain misunderstandings related to the intent and scope of the regulatory amendments. Concerns were received that the regulatory amendments would exempt proponents from all the requirement to obtain all necessary authorizations related to mineral exploration activities.
The regulatory amendments only exempt proponents from requiring ECAs and PTTWs for early exploration activities. Proponents would continue to be required to hold other types of permissions such as early exploration plans and permits.
Changes After Consultation
To better align with the Provincial Standards for Early Exploration under the Mining Act, changes were made to the eligibility criteria that must be met to qualify for an exemption from requiring a PTTW for early exploration activities:
- The ministry had originally consulted on requiring proponents to meet certain numerical effluent criteria for turbidity for any discharge to a water body. The ministry has replaced this previously proposed numerical limit with a requirement for any discharge to be at least 30 metres away from a water body.
- The ministry established a requirement for proponents to maintain records to demonstrate that all eligibility criteria have been met to qualify for the exemption, including any measurements and calculations. The records must be retained for the duration of the early exploration permit or plan.
The ministry had consulted on proposed regulatory amendments to exempt proponents from requiring an ECA for air and noise emissions that directly result from advanced exploration activities where a proponent has filed a closure plan, subject to meeting certain setback distances. The ministry is not proceeding with these regulatory amendments currently, as additional time is required to consider and address feedback on this component of the proposal.
Next steps
We are updating the Water Taking EASR User Guide and the Water Taking and Transfer Guide to support the regulatory amendments coming into effect on September 1, 2026.
Supporting materials
Related linksClick to Expand Accordion
- O. Reg. 387/04: WATER TAKING AND TRANSFER
- O. Reg. 524/98: ENVIRONMENTAL COMPLIANCE APPROVALS - EXEMPTIONS FROM SECTION 9 …
- O. Reg. 525/98: APPROVAL EXEMPTIONS
- O. Reg. 63/16: REGISTRATIONS UNDER PART II.2 OF THE ACT - WATER TAKING
- Early Exploration Plan and Permit
- Consultation framework: implementing the duty to consult with Aboriginal commun…
- Water taking and transfer user guide: clarifications and exemptions | ontario.ca
- Water Taking Guidance for EASR
- Environmental Compliance Approval
- Permit to Take Water
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
40 St. Clair Avenue West
11th Floor
Toronto,
ON
M4V 1M2
Canada
Connect with us
Contact
Permissions Modernization Team
40 St. Clair Avenue West
Floor 2
Toronto,
ON
M4V 1M2
Canada
Original proposal
Proposal details
Ontario has been taking action to modernize its environmental permission processes to help advance mineral exploration and development projects, support economic development and make Ontario more competitive while continuing to protect human health and the environment.
We are proposing to exempt proponents from having to obtain environmental permissions from the Ministry of the Environment, Conservation and Parks (the ministry) for certain low-risk early exploration activities and aspects of advanced exploration projects, while maintaining environmental protections.
Proponents would continue to be subject to permitting requirements under the Mining Act and regulations, such as requiring early exploration plans and permits for early exploration activities and closure plans for advanced exploration activities, which generally include terms and conditions that are protective of the environment.
We are also proposing to clarify the definition of a construction site in the water taking Environmental Activity and Sector Registration (EASR) regulation, to address questions about who is eligible for EASR registration.
These proposed changes would reduce burden and duplicative requirements for the mining sector, including critical mineral development projects, which will create jobs and stimulate local economies. This proposal aligns with the Protect Ontario by Unleashing Our Economy Act, 2025 and Ontario’s Critical Minerals Strategy to reduce red tape and duplicative processes.
Proposed Regulatory Changes
The sections below describe the proposed regulatory changes, including details of the proposed exemptions and requirements that would have to be met for proponents to qualify for an exemption. These proposed requirements are consistent with existing requirements that proponents must typically meet when applying for a permission from the ministry.
1. Proposed amendments to Ontario Regulation 525/98 under the Ontario Water Resources Act, R.S.O. 1990
Sewage approval exemption for early exploration
The ministry is proposing to exempt proponents from the requirement to obtain an Environmental Compliance Approval (ECA) for sewage works related to low-risk early exploration activities subject to the following proposed criteria:
- sewage works are not for the purpose of treating sanitary sewage
- proponent has an active early exploration plan or obtained an early exploration permit under the Mining Act for the early exploration activity
Proponents carrying out any exploration activities in accordance with a plan or permit would continue to be subject to:
- Ontario Regulation 308/12 (O. Reg. 308/12) including a requirement under Schedule 1 to maintain early exploration sites in a clean and safe condition
- the applicable requirements in the Provincial Standards for Early Exploration (the Provincial Standards) that apply to the activities being conducted, and any additional terms and conditions in the permit that may be included on a case-by-case basis such as requirements to sample surface water
- The Provincial Standards are based on environmental practices associated with certain types of early exploration activities and the prevention of impairment or contamination of nearby watercourses
- any applicable requirements under Regulation 903 (Wells Regulation) would continue to apply, such as requirements for the drilling of wells as part of any early exploration drilling
2. Proposed amendments to Ontario Regulation 387/04 under the Ontario Water Resources Act, R.S.O. 1990
Permit to take water exemption for early exploration
The ministry is proposing to exempt proponents from being required to obtain a Permit to Take Water (PTTW) for certain water taking activities related to early exploration activities subject to proposed eligibility criteria and operational requirements. These criteria are based on the water body’s type, size and stream order (classification of streams based on number and type of tributaries).
Eligibility criteria
- The water taking must be directly related to early exploration activities that are subject to an early exploration plan or permit
- If water is taken from a surface water body, the surface water body must be a lake, pond or a permanent stream and meet the following criteria:
- For lakes, the surface area of the lake should be greater than 10 hectares.
- Ponds should not be connected to another water body that is a creek, stream or river.
- Permanent streams must be a stream order of three or greater.
- If the water body is a permanent stream, the instantaneous rate of water taking should not exceed 5% of the stream flow rate at the point of the water taking, calculated within the previous seven days before the taking of water
Operational requirements
- all surface water takings would be required to have an intake structure
- any water taken would be required to be returned to the same watershed from which it was taken
- any ground water takings would be required to not impact surrounding ground water and surface water features and other water users that could be impacted by the water taken or by the quantity or quality of the water discharged
- erosion and sediment control measures would be required to be implemented and maintained to minimize erosion, scouring and sedimentation from occurring as a result of the discharge
- the turbidity of the discharge, if it reaches a water body, would be required to not exceed 8 Nephelometric Turbidity Units above the background levels of the nearest water body and have no visible petroleum hydrocarbon film or sheen present
Environmental protection would be maintained through the proposed requirements that have to be met to qualify for an exemption, proposed operational requirements, the requirements under O. Reg. 308/12 to comply with the Provincial Standards for Early Exploration, and any applicable terms and conditions that are included in early exploration permits.
3. Proposed amendments to Ontario Regulation 524/98 under the Environmental Protection Act, R.S.O. 1990
The ministry is proposing to exempt proponents from requiring an ECA for air and noise emissions for early exploration activities and certain aspects of an advanced exploration project subject to certain requirements below.
Early exploration activities and some aspects of advanced exploration are time-limited and produce air and noise emissions that are similar to those of drilling and blasting of a building or structure, which are currently exempted from requiring an air and noise ECA.
Air and noise emissions exemption for early exploration
The ministry is proposing to exempt proponents from requiring an ECA for air and noise emissions from early exploration activities, if an active early exploration plan has been submitted or if an early exploration permit has been issued under the Mining Act.
Air and noise exemption for advanced exploration projects
The ministry is proposing to exempt proponents from requiring an ECA for air and noise emissions arising from certain aspects of advanced exploration subject to the following proposed criteria:
- air and noise emission sources are not located within 1,000 metres of a sensitive receptor if no blasting is conducted on the site
- air and noise emission sources are not located within 2,000 metres of a sensitive receptor if blasting is conducted on the site, and
- there is a filed closure plan for the advanced exploration project
For the purposes of this proposed exemption, sensitive receptors would include a school, childcare centre or any residence or facility at which at least one person sleeps (including long-term care homes, hospitals, trailer parks or campgrounds). This is consistent with the definition of a sensitive receptor under the Aggregate Resources Act. This would not include sensitive receptors associated with advanced exploration projects such as worker camps. Occupational health and safety requirements such as occupational air quality exposure limits under the Occupational Health and Safety Act (OHSA) would continue to apply such as limits for respirable silica.
4. Proposed amendments to Ontario Regulation 63/16 under the Environmental Protection Act, R.S.O. 1990
The ministry is proposing regulatory amendments to Ontario Regulation 63/16 to clarify which prescribed water taking activities can be registered by a proponent on the EASR. Currently, the regulation defines a construction site as “a site at which construction occurs but does not include a site that is associated with mines, mine development, mine reclamation, pits or quarries”.
The intent of this definition was to exclude proponents from self-registering water taking activities at sites that are located at mines, mine developments, mine reclamation, pits, or quarries. It was not intended to exclude projects that are ancillary to or associated with mineral development projects, such as highways built to access a proposed or existing mine, or mine reclamation. Based on recent feedback from the industry, amendments are proposed to clarify this definition.
Discussion questions:
If the ministry makes the proposed changes, what benefit and cost savings would the exemptions provide for mineral exploration and development, including operations?
Protecting the environment
Environmental impacts will be mitigated as proponents would still be required to obtain permissions under the Mining Act, which typically include environmentally protective requirements including complying with Provincial Standards for Early Exploration. As described in sections above, the proposed exemptions would also be subject to environmentally protective requirements and criteria such as proposed setback distances, effluent criteria and erosion and sediment control measures. If operations cannot meet these environmentally protective criteria, then environmental permissions such as ECAs and PTTWs may continue to be required.
The ministry will continue to retain the ability to inspect activities to confirm that the proposed requirements to qualify for an exemption are met and to take action if there is an adverse impact.
Background
Mineral exploration:
Early exploration activities are undertaken to assess the mineral potential of a site. These activities may include line cutting, geological mapping, geophysical and geochemical surveys, pitting and trenching, stripping and drilling.
An advanced exploration project involves additional activities that go beyond the thresholds of early exploration activities to determine the economic viability of a mineral deposit. These activities may include but are not limited to: excavation of an exploratory shaft, excavation of material in excess of 1000 tonnes and reopening of underground mine workings.
Current permissions that are required:
Depending on the type of proposed activity, proponents may require several types of permits, authorizations and approvals before undertaking mineral exploration activities or advanced exploration including:
- ECAs
- PTTWs (for takings above 50,000 litres per day)
- closure plans
- early exploration plans or permits
The early exploration plans and permits, and advanced exploration closure plans address factors such as environmental protection and provide opportunities for stakeholder and Indigenous engagement as applicable. For early exploration activities, proponents are also required to comply with the Provincial Standards for Early Exploration.
Public consultation opportunities
This proposal has been posted for a 60-day public review and comment period. We encourage interested parties to make comments on this proposal. Comments made on this proposal will be considered before making a decision.
Regulatory impact assessment
The proposed regulatory changes would remove the requirement to obtain ECAs and PTTWs for certain mineral early exploration activities and some aspects of advanced exploration projects, which would reduce time, costs and resources that proponents spend obtaining permissions from the ministry.
This proposal is expected to reduce burden and duplicative requirements for the mining industry and streamline approvals, which:
- supports efforts to accelerate critical mineral development in Ontario
- boosts the province’s economy
- supports job creation
We are working to develop a regulatory impact assessment to determine potential costs or estimated savings related to this proposal.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
40 St. Clair Avenue West
11th Floor
Toronto,
ON
M4V 1M2
Canada
Comment
Commenting is now closed.
This consultation was open from December 5, 2025
to February 3, 2026
Connect with us
Contact
Permissions Modernization Team
40 St. Clair Avenue West
Floor 2
Toronto,
ON
M4V 1M2
Canada
Comments received
Through the registry
17By email
775By mail
0