Ontario s Modernized Mining Act Implementation Report

Transcription

1 Ontario s Modernized Mining Act Implementation Report Ontario Ministry of Northern Development and Mines Presented by: Chris Bath Consultant, Mineral Exploration and Development

2 Content of Today s Presentation Purpose of the Mining Act Exploration Plans and Permits Regulation Terms and Conditions/Provincial Standards Sites of Aboriginal Cultural Significance

3 The Purpose of The Mining Act In 2009, Ontario became the first Canadian jurisdiction to expressly recognize Aboriginal and treaty rights in its mining legislation Section 2 of the Mining Act: To encourage prospecting, staking and exploration for the development of mineral resources in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the duty to consult, and to minimize the impact of these activities on public health and safety and the environment.

4 Modernizing the Mining Act In 2009, Bill 173 An Act to Amend the Mining Act received royal assent. Extensive and comprehensive consultation through public presentations, community discussions and the Minister s Mining Act Advisory Committee (MMAAC) continued to develop the proposed regulations to implement the amended sections of the Act.

5 Changes to the Mining Act Before Quarterly Aboriginal notification of staking (policy) Aboriginal Consultation Closure plans Bulk samples Crown Rehabilitation of mine hazards Now Aboriginal and Treaty rights in Purpose Clause of new MA Mining Act Awareness Program (MAAP) Staking Rules Notification of new Mining Claims Protection for Sites of Aboriginal Cultural Significance (SoACS) Plans and Permits regime Bulk Sample Permissions Enhanced requirements for Aboriginal engagement and consultation for Closure Plans Dispute Resolution Voluntary rehabilitation Assessment credit for consultation expenses Cash in Lieu Aboriginal capacity building

6 Mining Sequence Exploration Development Production Closure Prospecting & Staking Consultation Early Exploration Exploration Plans & Permits Advanced Exploration Feasibility Studies Environmental Studies Additional Permits Construction Mining Site Rehab Pre-Exploration Discovery Production Decision Mine Opens Mine Closes Spending $ Making $ Spending $

7 Activities not Regulated (by the New Regulation) There are a number of prospecting and early exploration activities that will not require either an exploration plan or permit from MNDM. Extremely low impact Another authority (provincial or federal) may already regulate or have jurisdiction for some activities. The project may already be covered by a filed Closure Plan. Work on patented land. Geological Mapping Airborne Geophysical Surveys Channel Sampling

8 Plan & Permit Activities Exploration Plans Exploration Permits Advanced Exploration Geophysical surveys that require a power generator Line cutting where the width of the line is 1.5 m or less Line cutting where the width of the line is >1.5 m Drilling drills <150 kg in weight Drilling drills >150 kg in weight Mechanized stripping where the total surface area stripped is <100 m 2, within a 200 m radius Pitting and trenching 1-3 m 3 in volume, within a 200 m radius Mechanized stripping where the total surface area stripped is >100 m 2, within a 200 m radius Pitting and trenching >3 m 3 in volume within a 200 m radius Mechanized stripping where the total area stripped is >10,000 m 2 of surface area, or >10,000 m 3 within 500 m radius; or >2,500 m 2 of surface area, or >2,500 m 3 of volume within 100 m of a body of water Test pitting and trenching >1,000 metric tonnes (350 m 3 ), within a radius of 500 m

9 Exploration Plan Process Ongoing industry and Aboriginal community consultation Proponent submits Exploration Plan to surface rights owner and ministry (incl. report documenting any Aboriginal consultation prior to submission) Adjustments may be made to the exploration plan at any time during the 30 days Proceed with exploration plan activities Ministry circulates exploration plan to Aboriginal communities / Lists on MNDM website Aboriginal communities and surface rights owner review: provide comments, if any, to the ministry Ministry considers any comments received OR 5 calendar days (service standard) 30 calendar days Exploration permit required Circulation Date

10 When will you hear from MNDM during this process? We will , Fax, or mail a Exploration Plan to the designated contact for each community. The date the Plan is received is the circulation date. Community contact may provide comments to MNDM who will call to discuss the concerns and possible adjustments to mitigate these. You will also hear from us if one or more of the Plan activities requires a permit in order for MNDM to be able to apply Terms and Conditions if adjustments are not sufficient.

11 Exploration Permit Process Ongoing industry and Aboriginal community consultation Proponent submits Exploration Permit application to surface rights owner and ministry (incl. report documenting any Aboriginal consultation prior to submission) 5 calendar days (service standard) Ministry circulates to Aboriginal communities and posts on Environmental Registry calendar days Environmental Registry posting (30 days) Aboriginal communities and surface rights owner review: Provide any comments / MNDM considers any comments received (up to 50 days) Issue exploration permit / Post decision on Environmental Registry (including site-specific terms and conditions, if any) Temporary Hold: Circulation Date Can outstanding issues / concerns arising from impacts to Aboriginal or treaty rights or other matters be resolved within the day period? YES NO To facilitate outstanding concerns relating to Aboriginal consultation To mediate Aboriginal disputes To align timelines with other processes (i.e. section 52 bulk sample or section 51 surface rights restrictions)

12 When will you hear from MNDM during this process? We will , fax, or mail an Exploration Permit application to the designated contact for each community. The date the Permit is delivered is the circulation date. The community contact can provide comments to MNDM and/or the proponent. There will be a 3-way conversation between all parties to discuss the concerns and possible adjustments or Terms & Conditions that can be used to mitigate these. You will also hear from us once the permit decision has been made, if there is a Temporary Hold placed on the application or Dispute Resolution has been enabled.

13 Permit Terms & Conditions There are standard terms & conditions that will apply to all permit activities. These include the requirements set out in Schedule 1, Provincial Standards and conducting the activities in a manner to protect existing Aboriginal and Treaty rights. Permit-specific terms & conditions may also be added to exploration permits to avoid and/or mitigate concerns raised during the 30-day comment period Mining Act Sec. 78.3(3). Examples: Restriction to an area or the timing of operations. Timing restriction (e.g., during a hunt) Avoid an area of cultural significance

14 Permit-Specific Terms & Conditions Specific Terms and Conditions applied to an exploration permit shall: only address concerns within the mandate of the Mining Act be written and developed so the proponent can comply be enforceable from a compliance approach, if necessary not prevent or exclude the proposed activities from being carried out

15 Sites of Aboriginal Cultural Significance Withdrawals Where mining claims do not exist, a site will be considered for withdrawal, if the following criteria are met: It is strongly associated with an Aboriginal community for social, cultural, sacred or ceremonial reasons or because of its traditional use by that community, according to Aboriginal traditions, observances, customs or beliefs It is in a fixed location, subject to clear geographic description or delineation on a map Its identification is supported by the community as a whole, as evidenced by appropriate documentation. Examples: burial grounds, places of worship, traditional teaching site, ceremonial lands and pictographs

16 Example of Site of Aboriginal Cultural Significance Withdrawal (pre-claim staking) Site of Aboriginal Cultural Significance (Y)

17 Sites of Aboriginal Cultural Significance Restrictions Where a mining claim already exists, a surface rights restriction may be used as a last resort and will only be considered when the following criteria are met: An agreement on voluntary measures to protect a value or feature can not be met; and The permit specific terms and conditions are deemed inadequate by the Minister.

18 Aboriginal Capacity MNDM has adopted a number of options to assist communities in the consultation processes of Plans, Permits and Closure Plans and to benefit from mineral exploration and development activities, including: Information sharing efforts aimed at increasing awareness of mineral exploration and development and its opportunities Technological support to enable electronic delivery of information Advisory services to assist with technical components of consultation. For more information on Aboriginal Capacity please contact Rosalee.LaPlante@ontario.ca

19 General Requirements General Requirements apply to all early exploration activities, whether or not those activities require an exploration plan or permit. 1. Keep sites maintained in a clean and safe condition 2. Existing roads and trails must not be obstructed by exploration activities 3. All refuse must be removed on completion of the program, or before expiry of the plan or permit.

20 Provincial Standards The Provincial Standards describe how activities are to be carried out during exploration and then rehabilitated upon completion of the program. Marking open holes Properly marked drill hole

21 For more information: Mineral Exploration & Development Offices: South Office Northeast Office Northwest Office Sudbury Timmins Thunder Bay (705) (705) (807) Provincial Recording Office & Geoscience Assessment Office: Sudbury , option 1 OR (705) , option 1