New mining act earns mixed reviews

Posted By HAROLD CARMICHAEL, THE SUDBURY STAR

Posted 4 days ago

Proposed changes to Ontario's Mining Act that would see the introduction of a new map staking system and eliminate the need for prospectors to physically visit properties to stake mining claims, don't sit well with the head of a mining exploration company based in Greater Sudbury.

"I certainly question the (proposed) rules with staking," said Grayme Anthony, president and chief executive officer of Houston Lake Mining. "Prospectors need to go out and stake without interference or blocking what they need to do ... People have the right to go out and walk around freely, see what's there. If you tell people what you are going to do, claims get jumped."

Changes to the way mining claims are staked are among four areas addressed in proposed changes to the Mining Act announced Thursday by the province.

Highlights of the proposed changes include:

* Ontario would become the first jurisdiction in Canada to expressly recognize aboriginal and treaty rights in its mining legislation and enable a dispute resolution process for aboriginal-related mining issues through regulation;

* No new mine opening can occur in the Far North unless there is an approved community-based land use plan;

* Notification of aboriginal communities immediately after a claim is staked;

* Requirements for prospectors and companies to notify aboriginal communities of plans for significant exploration activities within their traditional lands;

* Enhanced notification of private land owners after claim staking and prior to exploration;

* The introduction of a graduated regulatory system for early exploration, including exploration plans for lower-impact activities and exploration permits required for activities with higher impact;

* Setting out a clear framework for the responsible management and sustainable development of the province's mineral resources.

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Houston Lake Mining is an exploration company actively exploring for gold, platinum-group metal and rare metal deposits in northwestern Ontario.

Anthony said he also has a concern with the proposed increased consultation process with aboriginal communities.

"I think you have to respect people who work in the area," he said. "I have worked all over the world. If (aboriginal communities) have to give approval in the process, you may be giving them the right to extort things from you."

Anthony added that with the Environmental Act already adding considerable time to the process whereby a mineral find moves along to the production stage, the proposed Mining Act changes could make the process an even longer one.

The 2009 Ontario budget committed $40 million over three years for initiatives to support Mining Act modernization. According to the government, mining currently provides Ontario with a trade surplus of about $3.3 billion a year.

The proposed changes are the product of six months of consultation that involved more than 1,000 people and groups in public and stakeholder sessions held across the province. Input was also received through the Environmental Bill of Rights registry.

The Ministry of Northern Development and Mines also held consultations with aboriginal organizations and communities.

"Ontario's new collaborative approach to developing legislation and public policy is certainly innovative," said John Beaucage, grand council chief of the 42- member First Nations of the Anishinabek Nation, in a news release.

"It is respectful to the recognition of First Nations' rights and indicative of Ontario's commitment to working with First Nations on a government-to-government basis."

Michael Gravelle, Ontario's Northern Development and Mines minister, told reporters during a visit to Greater Sudbury in early April that the goal of the new act is balance.

"We want to maintain and promote an investment climate, yet protect the interests of aboriginal peoples on their lands," he said. "There will be proposals for development that will be good for business and all Ontarians, yet allow companies to process their claims while respecting the rights of individuals."

Gravelle said the draft "will satisfy the industry and result in new opportunities in the North."

The minister told reporters the mining industry made it loud and clear about what it wanted in the new act: clarity.

Cory McPhee, Vale Inco's director of communications and public affairs, said "the process leading to these revisions was an inclusive one that provided ample opportunity for input. From the announcement today, the government appears to have done a good job balancing the needs for appropriate aboriginal consultation with the need to encourage and promote value-added exploration activities -- with clear guidelines established for all the players.

"It's important to remember that exploration is the lifeblood of the mining industry, 1 as finding the minerals in the first place is the first step in the development process."