Mining act review full of good intentions

--Greg Boyle--

In light of the Ontario government’s recent extension of the Mining act consultations (the first time they have listened to first nations and NGOs I think!!) I would like to make a few comments about how the recent Ontario government call to amend the mining act can be effective. The spirit of the governments call to amend this act was to remove the terrible policies inherent in it that partially led to the events at KI and countless other conflicts between mining companies and First Nation’s people. Whether this spirit comes to life is another question. In order for the Mining Act to effectively minimise conflict it will be vital for the amendments to:

• Recognise and clearly establish the ability and right of First Nations and municipal governments to withdraw lands from staking for mineral claims;
• Require the Free, Prior, and Informed Consent of First Nations, as well as consultation with municipalities and surface rights holders (landowners), before mineral exploration at any level and development of any sort occurs;
• Establish a permitting system for mineral exploration, advanced exploration, and mine development that will allow for meaningful public consultation and the setting of enforceable conditions on the permitted activities

In addition to the reforms necessary to the mining act, other provincial policies that are counterproductive to the intentions of minimising social conflict and environmental harm need to be addressed. Specifically, it is necessary that as part of the reform to mining practices the provincial government:

• End the exemption of mining activities from the provincial Environmental Assessment process;
• Revise the Municipal Planning Act and Planning Policy Statement to remove the designation of mineral development as the highest priority land use in areas of high mineral potential.

We as youth and citizens of Ontario trust that the process to reform the Mining Act and other relevant provincial regulations and policies will be continue to be undertaken in a transparent and inclusive fashion, including representation from First Nations, municipalities, and non-governmental organizations. We all look forward to contributing to this process in the months and years ahead.