Ontario unveils proposed changes to mining law
miningweekly.com
By: Liezel Hill
30th April 2009
TORONTO (miningweekly.com) – New mining legislation has been introduced to the legislature of Ontario, which, if passed, could produce new rules governing how exploration claims are staked, and what land can be explored in the Canadian province, before the end of this year.
Northern Development and Mines Minister Michael Gravelle said the bill includes strict new requirements for exploration companies to consult with first nation communities, as well as plans to limit conflicts between mineral exploration companies and private landholders who do not hold the mineral rights on their properties.
Ontario's Mining Act, in its current form, has been in place for more than 100 years, and has been criticised for not prescribing processes for how mining and exploration companies consult with local aboriginal communities.
The issue made headlines last year, after six members of the Kitchenuhmaykoosib Inninuwug First Nation received six-month sentences for failing to obey a court order to stay away from land where explorer Platinex had been granted rights, but which the community claimed.
The separation of surface and mineral rights also means that prospectors can stake claims to the mineral rights on privately held land, which can result in a nasty surprise for the property owners.
Ontario Premier Dalton McGuinty announced in July last year that the province planned to relook at its mining legislation, and a public consultation process was launched soon after that.
If passed, the new law will “expressly” incorporate Aboriginal consultation in legislation and regulations and introduce a dispute resolution process for aboriginal-related issues in mining, Gravelle said on Thursday.
It also includes provisions for the withdrawal of significant Aboriginal cultural sites from claim staking, and would require Aboriginal communities to be notified immediately after a claim is staked.
Communities would also have to be notified of plans for exploration activities within their traditional lands.
The proposed legislation would also prescribe a “graduated” approach to Aboriginal consultation, Gravelle said.
“Consultation requirements would be outlined, environmental rehabilitation would be required, and exploration plans or permits would be required for activities.”
MINERAL RIGHTS
Another central theme in the proposed legislative changes is the need to mitigate conflicts between mineral exploration companies and private landholders who do not hold the mineral rights on their properties.
Ontario proposes to withdraw Crown-held mining rights in southern Ontario where surface rights are privately held, “while respecting existing claims and leases”.
In Northern Ontario, private land holders could apply for such withdrawals, and Ontario would consider criteria such as mineral potential before deciding whether to grant them, Gravelle said.
When private land is involved, there would be enhanced requirements for notification, as well as enhanced provisions covering the post-staking and exploration stages.
In addition, owners of patented mining land who are not using that land for mining purposes would be able to apply for an exemption from mining land tax.
The new legislation also includes environmental rehabilitation requirements in the new graduated regulatory approach to exploration activities, and will ban any mines opening in the Far North unless there is an approved community-based land use plan.
The phased implementation of map staking – a modern computer-based system that doesn’t require stakers to enter or disturb the surface of the land – would also reduce the already low impact of ground staking, Gravelle added.
RESPONSE
The proposed law was broadly welcomed on Thursday by the minerals industry and first nation communities.
“These changes will provide certainty around access to land, which will allow us to attract investment to Ontario,” said Ontario prospectors association executive director Garry Clark.
"The Mining Amendment Act will be the first piece of provincial legislation that expressly recognizes and affirms First Nations Treaty and aboriginal rights," commented Anishinabek Nation leader John Beaucage. |
