LandKeepers News Archive
Mining Act removes more land from staking and claims
April 30 2009 | News Articles | Canadian Press
Mining Act removes more land from staking and claims
Apr 30, 2009 03:07 PM
Keith Leslie
THE CANADIAN PRESS
Changes to Ontario’s Mining Act will address conflicts between prospectors and private landowners by excluding more lands from staking, claiming and exploration, Northern Development and Mines Minister Michael Gravelle said Thursday.
The legislation introduced Thursday will modernize the way companies stake claims so they are more respectful of landowners and the environment, Gravelle said.
“We recognized that one of the issues that we needed to deal with was … a number of landowners who did not own the mining rights to their properties,” he said.
There have been complaints for years about outdated provisions in the Mining Act that allow prospectors to stake and explore on private lands, especially from cottagers in southern and eastern Ontario.
If passed, the bill would withdraw mining rights in southern Ontario, where surface rights are privately held, while at the same time respecting existing claims and leases.
In northern Ontario, private landowners could apply for a withdrawal, but the mineral potential of the land would have to be considered before the request could be approved.
“There is a different perspective in northern Ontario, (where) mining has been the backbone of the economy for some time,” Gravelle said.
“I believe this will be supported by northerners.”
The changes will also broaden the list of lands not open to staking, and require better notification of landowners after a claim is staked but before exploration begins.
The government will also phase in a map-based staking system to eliminate the need for prospectors to enter private property to stake claims.
The Ontario Mining Association and the Ontario Prospectors Association both welcomed the legislation, and said providing certainty for mineral explorers would help attract investment to the province.
The New Democrats said the changes would be good news for big mining companies, but not for individual prospectors.
“It may be a great thing for big corporations, but for lone prospectors, not staking would mean that all of those people would be out of a job and big conglomerates could come in and map-stake, completely bypassing the people who live there,” said NDP critic France Gelinas.
Ontario will become the first province to recognize aboriginal and treaty rights in its Mining Act, and to include a dispute-resolution process for First Nations issues.
However, the Nishnawbe Aski Nation said it was “very concerned” the bill might not fully recognize the rights of First Nations to decide on mining on their territory.
“Our primary concern is that NAN First Nations must have free, prior and informed consent before any activity can take place in their homelands,” Grand Chief Stan Beardy said in a release.
“That’s the standard expressed in Article 32 of the United Nations Declaration on the Rights of Indigenous Peoples, and that’s the standard we expect.”
John Beaucage of the Union of Ontario Indians called the legislation “historic” for marking a new way of doing things.
“However, we have to move beyond basic consultation towards engagement and signing of impact benefit agreements between mining companies and First Nations,” Beaucage said.
The legislation stops short of giving aboriginal communities a share of mining revenues, but the province set aside $30 million last week to start sharing its tax revenues from mining and forestry with First Nations.
“What (that money) does is say we’re serious about this,” said Aboriginal Affairs Minister Brad Duguid.
“There’s no question about whether we’re going to move forward with revenue benefits sharing. The question is, what’s it going to look like?”
Ontario collected $231 million in mining taxes in 2007, but that fell to $117 million last year because of a big drop in commodity prices that led to a drop in production.
The legislation also includes a provision to make significant aboriginal cultural sites in Ontario off-limits to staking, and a requirement for immediate notification of First Nations communities after a claim is staked.
The government also promised there would be additional opportunities for public input in the coming months as specific regulations are developed.
If the bill is passed, miners will be required to take training so they know their obligations under the act to landowners, aboriginal communities and the environment before they can get a prospector’s licence.
The changes will provide clear rules for the mining industry and reduce the impact of mineral exploration on the environment, added Gravelle, who said he would like to see the updated act implemented later this year.
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