Exemption - Prospector (O. Reg. 504/95)

Under the Regulations “prospector” means a person who is proposing to undertake, is undertaking or has undertaken mineral exploration. Subject to section 3, a prospector is exempt from sections 7, 8, 17, 18, 43, 44 and 97 of the Environmental Protection Act (R.S.O. 1990, c. E.19) in respect of an exploration property. Subject to section 3, a prospector is exempt from the definitions of “owner of the pollutant” and “person having control of a pollutant” in Part X of the Act in respect of an exploration property and a pollutant if, the prospector did not have legal title to the pollutant before its first discharge into the natural environment and no person acting on the prospector’s behalf, whether as an employee, agent, contractor or otherwise, had legal title to the pollutant before its first discharge into the natural environment; immediately before its first discharge into the natural environment, the pollutant was on the exploration property; and the pollutant was not brought to or created on the exploration property by the prospector or a person acting on the prospector’s behalf, whether as an employee, agent, contractor or otherwise. O. Reg. 504/95, s. 2 (2)