Environment czar calls for better planning, Mining Act reform

By IAN ROSS

Ontario’s Environmental Commissioner says the Mining Act needs to be reformed.

In his annual report, Gord Miller says the Ministry of Northern Development and Mines’ (MNDM) strategy for mineral development “revolves entirely around the promotion of mining” with little consideration given to strategic land use planning or environmental protection.

The lack of government regional planning, especially in the Far North, was a central theme in Miller’s 225-page report released Dec. 4.

Miller says MNDM views mining as the “preeminent” use for Crown lands, especially in the Far North, and has forced other ministries into secondary roles.

In 1999, some areas set aside as protected areas by the Ministry of Natural Resources (MNR) under the Living Legacy Land Use Strategy were later revealed to having mining claims staked on 66 of the 378 areas identified to become provincial parks.

Some were staked after the protected areas were proposed but before MNR requested MNDM remove the areas from eligibility.

In the early 1980s, the Attawapiskat River was identified by the MNR as a candidate for a provincial park, but the planning held no legal weight and the area near the Victor diamond mine is now extensively staked.

Miller says in his report there’s been a lack of co-ordination between various provincial ministries in protecting and balancing all interests.

He says Queen’s Park has a “clear duty” to consult with First Nations and develop “appropriate consultation policies” to fulfill its constitutional duties, reduce conflict and alleviate uncertainty with the mining industry.

Prior to the provincial election, the Liberals announced they would review the Mining Act.

Changes won’t be easy, but the time is right, says Miller, mentioning the conflict in northwestern Ontario over a mineral claim between junior miner Platinex and residents of Big Trout Lake.

Miller says mining companies are given a fair degree of latitude to extract resources on Crown land, but Ontarians expect social and environmental standards to be met.

“The mining industry knows they have to have a social contract to work in the land.”

A good framework to start from is Ontario’s Living Legacy strategy where land users sat down with environmental groups and worked out a plan.

He says the mining industry wants a clear set of rules that meet their business expectations and Aboriginal environmental demands.

A reformed Mining Act would provide clarity.

“It takes years, but let’s start,” says Miller. “Let’s get the natural heritage landscape mapped in the Far North.”

In his report, Miller says individual ministries have a “silo mentality” but in certain cases, such as the Victor diamond mine, key ministries worked together in a co-ordinated fashion to get the permit approvals. That ad-hoc committee could be expanded region-wide.

Miller, a former Ministry of Environment (MOE) district manager, says chronic underfunding of the MOE and MNR hampers the ability of the bureaucrats and field staff to do this kind of comprehensive region-wide planning.

“They haven’t got the depth of resources and money and people they need to do this.”

He adds the Ontario government could do a better job of listening to grass roots public input in shaping good policy.
On the forest side, there’s largely been a good consultation process. But a coming debate is the question of community control of wood resources versus the traditional  industry-based allocation.

But in areas such as energy projects and mining developments, the government’s track record on consultation and outreach ranges from spotty to “lousy.”

“I don’t get the sense in other areas, they are as eager to absorb the wisdom of the public.”  

The Ontario Mining Association (OMA) wants to re-orient the province's environmental commissioner's perspective on the industry to their way of thinking.

In a Dec. 20 news release, OMA president Chris Hodgson says he plans on flying Gord Miller up to the De Beers Canada Victor mine site in February for a "first-hand look" on the economic impacts in the Attawapiskat area on the James Bay coast.

The Toronto-based industry group wasn't thrilled with Miller's annual report released in December, Reconciling Our Priorities, where he called for reforms to the Ontario Mining Act and better use of overall land planning in the North.

The association says the industry provides an "extremely large" economic impact in Ontario. The OMA commissioned the University of Toronto to provide a report indicating an average mine adds $280 million to Ontario's Gross Domestic Product, provides close to 2,300 high-paying jobs and provides $84 million annually in government tax revenue.

"We are hopeful that the trip to the Victor Mine...would help put into perspective the environmental improvements around modern mining and the benefits a mine provides to local communities," said Hodgson in a statement. "Perhaps by getting him to see how a diamond mine operates in 2008 and to meet people from the local community who benefit from a mine, we can engage in meaningful dialogue and begin to help address some of his concerns and have this reflected in his next annual report." 

www.eco.on.ca