Huntsville - Lake of Bays Lakes Council

     After a public consultation process the Government of Ontario has proposed amendments to the Mining Act. The amendments were introduced in the legislature this spring and have received approval at first and second reading. They have been referred to a legislative committee and there will be limited public hearings this summer. The amendments have been posted on The Environmental Registry as posting 010-6559 and the deadline for public comment is July 4, 2009. The web address for the Environmental registry, where you can record your comments  is: http://www.ebr.gov.on.ca/. 

Background

FOCA has participated in the Mining Act review process for several years through our representation on the Minister’s Mining Act Advisory Committee and we will continue to represent the interests of cottagers.  However it is also important that individual cottagers and associations tell the government directly what they expect from the revised Mining Act. At the present time Uranium exploration is of great concern to cottagers in the Shabot Lake area of eastern Ontario and in the Gooderham/Bancroft area of Haliburton. Destructive exploration activities have occurred and been documented on private land and on crown lands abutting private properties. There is a good website established by the group Fight Uranium Mining (FUME) which documents the experiences and concerns of cottagers in those areas at www.fighturanium.com. There was also a good article on this subject in the May 2009 issue of Cottage Life Magazine (http://www.cottagelife.com/index.cfm/ci_id/19198/la_id/1.htm). 

The Proposed Amendments

The proposed amendments, which are well documented on the EBR posting, appear to address the issue of landowners in southern Ontario who own their surface rights but not their mining rights by automatically withdrawing these lands from mineral staking. In northern Ontario landowners of such lands will be able to apply to have their lands withdrawn from staking. Unfortunately these provisions do not apply to lands which are already under active claims such as those in the uranium exploration areas around Gooderham and Shabot lake. 

WHAT STILL NEEDS TO BE CHANGED

In FOCA’s view the two most serious omissions from the proposed amendments to the Mining Act relate to the role of municipalities and municipal plans, and the lack of environmental assessment. 

The Role of Municipalities

In Ontario, Municipal Official Plans do not apply to Crown Land and therefore municipalities have no say over what happens on crown lands within their areas and mining exploration can occur right up to the property lines of private land holders with no municipal input. This means that in areas like Haliburton where  over many decades the economy has been transformed from mining and forestry based to tourism, recreation and cottage based, the municipalities still have no say with respect to future mining exploration and mine development. Residents have been shocked to find crown land adjoining and near their private lands staked and then subject to destructive exploration activity while their local municipalities have no control over what is happening. FOCA believes that it is in the interests of all cottagers to urge the government to bring all crown lands, at least in Southern Ontario, under the Planning Act to ensure that municipal plans and zoning  will apply to these lands and that residents will have the same land use protections they have with respect to developments on private lands. 

Environmental Assessment

Mineral exploration activities and mine development can have major environmental impacts and yet mining activity in Ontario remains exempt from the Environmental Assessment Act. The proposed amendments include new provisions related to exploration plans and exploration permits as well as reference to rehabilitation of exploration sites. But the details of these provisions will not be spelled out until the regulations are written after the final passage of the amendments. FOCA is concerned that the new regulations must be explicit to identify and mitigate impacts which affect private property owners and crown lands that that are regularly used for recreation purposes.  FOCA believes that it is in the interests of all cottagers for all mineral exploration activities to be subject to serious environmental review and that all mine development must be brought under the Environmental Assessment Act.  

WHAT CAN ASSOCIATIONS AND INDIVIDUALS DO? 

1.              You can record comments on the EBR posting until July 4, 2009

2.            Over the summer you can contact to your local members of the provincial government. In contacting members of the Ontario Legislature remember to contact both your cottage representative and your home representatives (http://www.ontla.on.ca/web/go2.jsp?locale=en&Page=/members/members_main&menuItem=mpps_header).   

Many cottage country MPPs are well aware of these issues and already representing our concerns. But urban representatives, who hold the vast majority of votes in the legislature and in the government caucus, are less likely to be familiar with the issues and may be surprised to learn that crown lands in cottage country are not covered by municipal plans, and that environmental review and environmental assessment do not automatically apply to mining activities, be sure to let them know that these issues are a concern to you.

   =========First notice ====April 30, 2009 announcement=====================

        Ontario Ministry of Northern Development and Mines introduced legislation today (April 30) to modernize Ontario’s Mining Act.
Many of the shortcomings identified with existing practices appear to have been addressed within this legislation. These include:
Moving some private lands completely from staking and exploration;
Enhanced notification of private land owners of claim-staking and prior to exploration;
The introduction of map staking, eliminating the need for prospectors to physically enter onto private lands.

While we are encouraged by the introduction of  this enabling legislation, the ultimate results will be manifested in the regulations that will accompany the bill and which will follow passing of the legislation. 

 Click here for more information on the Ministry of Northern Development and Mines.