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Too much, too soon on revising new Mining Act

The process to modernize Ontario's Mining Act got off to a rocky start at a Sudbury public meeting in August.

The process to modernize Ontario's Mining Act got off to a rocky start at a Sudbury public meeting in August.

Many in the crowd of 40 prospectors, junior miners, private landholders and environmentalists openly questioned why the public consultation process was being fast-tracked in time to prepare a bill before the Ontario Legislature resumes in the fall.

And it was Ministry of Northern Development and Mines (MNDM) officials who bore the brunt of withering criticism by a handful of angry prospectors who stormed out of a hotel conference room just minutes into the proceedings.

The government's desire to move forward "in an expeditious fashion" soured many in attendance whose expressions ranged from outright distrust of the entire process, to skepticism of the province's motives.

"They've designed a process that ensures the outcome that they want," said prospector William Boot who traveled from Ottawa to attend the Aug. 13 session. "And they ask for public opinion to endorse that outcome."

He left the meeting only minutes into the proceedings. Joining him was Sudbury prospector Leo Kosowan, who brushed off the process "as a waste of time."

Most stayed behind to break off into discussion groups. "It's more effective to work with the system than to walk out," said Harold Cheley of DST Consulting Engineers in Sudbury.

Cheley, like many attendees, grumbled loudly about having only a week's notice before the mid-August round of public meetings began. They felt there was precious little time to peruse and properly address five items listed in a government discussion paper released only two days prior.

Five policy issues are being reviewed related to access, and surface and mineral rights of mining companies, landowners and Aboriginal people on Crown and private lands.

In dredging up the controversial Lands for Life process of the late 1990s, some wondered if their voices will even be heard in the final legislation.

Government officials assured them there will be many opportunities to contribute submissions before the Oct. 15 deadline.

Environmentalist Brennan Lloyd of Northwatch agrees the process is being rushed "at the direction of the Premier's Office," but she believes that the review is too limited in scope.
She favours a full-blown examination of the act rather than dealing with specifics.

"The Mining Act is about promoting and enabling mining," she says, adding there's been environmental rollbacks in financial assurance requirements by mining companies and an erosion in the protecting natural values during early stages of exploration.

Sudbury was the second of five public meetings to discuss Queen's Park's proposed changes. Emotions figure to heighten when the MNDM delegation hosts consultations in Thunder Bay and Kingston later in the month where Aboriginal leaders in those areas were jailed for blockading mineral exploration projects.

Changes in the act were said to be coming until Premier Dalton McGuinty finally kicked off the review in July in announcing the government's intent to protect half of Ontario's Far North boreal forest from mining and forestry development.

Scott McLean of HTX Minerals called the plan a "land grab" at a robust time in the minerals industry "when frontiers are just starting to open up."

A sampling of opinion included the introduction of electronic map-staking in Ontario to eliminate on-the-ground conflicts between landowners and prospectors when linecutting.

Others ranged from wanting an independent dispute-resolution tribunal, to the government recognizing the need by prospectors to keep early exploration confidential, while some asked the government to fulfill its duty to engage First Nations prior to exploration.

Almost all preached slowing down the government's review process.

Northern Development and Mines Minister Michael Gravelle was home in Thunder Bay and Sudbury MPP Rick Bartolucci, a former mines minister, did not attend.

Looking on was assistant Deputy Mines Minister Christine Kaszycki who called some attendees' lack of faith in the review, "unfortunate."

"When people choose not to participate, their voices are not heard," she said. "People shouldn't be too surprised by the kind of things we're asking for comment on. There's a genuine sense people want to participate in a meaningful fashion, but there's perhaps some frustration about not as being prepared as they'd like to be."

The Mining Act's origins date back to 1845 when Ontario was called Upper Canada. It has been amended through the years, most recently in the early 1990s when mine closure and rehabilitation plans were required, which later included informing Aboriginal groups of those plans in 2000.