Statements to the Legislature

Introduction of the Mining Amendment Act, 2009

April 30, 2009

By
The Honourable Michael Gravelle
Minister of Northern Development and Mines
MPP Thunder Bay–Superior North

Queen’s Park, Toronto

(Check against delivery)

Thank you, Mr. Speaker.

Today, I introduced a Bill aimed at bringing our mining legislation into harmony with the values of a modern Ontario while, at the same time, promoting a strong, vibrant and competitive mineral industry.

If passed, this legislation would revitalize Ontario’s approach to mineral exploration and mineral development.
It proposes bold steps toward making our Mining Act modern, effective and innovative… through legislation that would balance all of our respective interests, benefit all Ontarians, as well as provide clarity and certainty to the minerals industry.

The Mining Amendment Act would deliver on a pledge made last July by Premier Dalton McGuinty when – as part of his announcement of the Far North Planning initiative – he called for a modernized Mining Act – one that would promote mineral exploration and development that is more respectful of Aboriginal communities and private land holders.

I believe we have succeeded in drafting legislation that would fulfill the Premier’s commitment.
To do so, we have relied on advice from individual First Nations, Aboriginal organizations, a wide range of stakeholder groups, communities from across the province, and many interested citizens.

I would like to thank Aboriginal Affairs Minister Brad Duguid for his tremendous support and assistance throughout this process.

I would also like to recognize the First Nations leaders, industry representatives and other stakeholders who are with us today to mark the introduction of this Bill.

I extend a special thanks for their words of support to:

• Ontario Regional Chief Angus Toulouse 
• Grand Chief John Beaucage of the Union of Ontario Indians
• Garry Clark, executive director of the Ontario Prospectors Association
• George R. Burns, Vice-President, Canada and the United States, of Goldcorp Corporation, and 
• Larry Innes, executive director of the Canadian Boreal Initiative.

Mr. Speaker, the participation of these groups and individuals has been much appreciated.  It has been instrumental in our ability to maintain a balanced approach to modernization – an approach that sought to reconcile many divergent views for the benefit of all Ontarians.

There are two features of this proposed legislation that give me particular pride.

First, it is ground-breaking in several significant areas.  For instance:

• It would expressly incorporate Aboriginal consultation in legislation and regulations 
• It would introduce a requirement for completion of an awareness program to obtain a prospector’s licence, and
• It would introduce a dispute-resolution process for Aboriginal-related issues in mining.

No other jurisdiction in Canada has such provisions.
Second, our draft legislation draws on a consultation process that was, by far, the most comprehensive ever undertaken by my ministry.

Since launching the process last August, Mr. Speaker, we have benefited from the input of approximately one thousand individuals and organizations, including the minerals industry, environmental groups, municipalities and private citizens.

Our proposals reflect the input, too, of all major Aboriginal organizations, as well as approximately 100 First Nation communities. These groups participated in workshops and community meetings across the province or presented individual submissions on issues that were of special concern to them.

As a result of these extensive discussions, our draft legislation is much sounder and we are all richer for the process.  I believe we have laid a solid foundation for the future. 

One of our main objectives in launching the modernization process was to ensure mineral exploration and development is undertaken in a way that respects the rights and interests of Ontario’s Aboriginal communities.

In our draft legislation, we have tried to balance the divergent positions we heard during the consultation process in a way that is fair to all and benefits all Ontarians.

For instance, our modernization approach would include:

• Provisions for withdrawal of significant Aboriginal cultural sites from claim staking 
• Notification of Aboriginal communities immediately after a claim is staked, and   
• Requirements for prospectors and companies to notify Aboriginal communities of plans for exploration activities within their traditional lands.

In addition, Mr. Speaker, the proposed legislation would introduce a graduated approach to Aboriginal consultation. 

Consultation requirements would be outlined.  Environmental rehabilitation would be required.  And exploration plans or permits would be required for activities.

These are significant changes.  They would address some of the key concerns we heard during our consultation process. 

Another objective in modernizing the Mining Act was to mitigate the conflicts that have arisen between mineral exploration companies and private landholders who do not hold the mineral rights on their properties.

Ontario proposes to withdraw Crown-held mining rights in southern Ontario where surface rights are privately held, while respecting existing claims and leases.

In Northern Ontario, private land holders could apply for such withdrawals.  Ontario would consider criteria such as mineral potential before deciding whether to grant them.

When private land is involved, there would be enhanced requirements for notification, as well as enhanced provisions covering the post-staking and exploration stages.

In addition, owners of patented mining land who are not using that land for mining purposes would be able to apply for an exemption from mining land tax.

Mr. Speaker, these proposed changes would address the concerns of private property owners, provide clear rules to the exploration industry and reduce the impact of mineral exploration on the environment.

Our proposed legislation also responds to calls for greater consideration for the environment.

It would reduce impacts to the environment by including rehabilitation requirements in our new graduated regulatory approach to exploration activities.

It would embed in legislation the provision that no new mine opening can occur in the Far North unless there is an approved community based land use plan.

And the phased implementation of map staking – a modern computer-based system that doesn’t require stakers to enter or disturb the surface of the land – would reduce the already low impact of ground staking.

Those are some of the highlights of our proposed legislation, Mr. Speaker.

I believe it sets a framework that supports significant strides in Aboriginal consultation. 

In addition, our proposals would help ensure that Aboriginal peoples participate more fully in mineral sector activities in their territories.

Working in conjunction with other government initiatives -- such as the Far North Planning initiative and the $30 million set aside for Resource Benefits Sharing -- our proposed legislation would foster partnerships in development ….promoting prosperity for Aboriginal communities and Ontario as a whole.

At the same time, it steers a wise and prudent course that balances all our social and economic interests.

While these changes may require some short-term adjustments, they would, in the longer-term, strengthen the industry and provide new opportunities for growth -- particularly in our northern, rural and Aboriginal communities.

We set out to create a modern Mining Act that would promote balanced development that benefits all Ontarians, while modernizing the way mining companies stake and explore their claims.

At the same time, we wanted our legislation to continue supporting a vibrant Ontario minerals industry that would help our communities realize their economic and social aspirations.

I believe our proposals succeed in meeting those objectives.

Thank you, Mr. Speaker.

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