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Mining Act

Mining in Ontario

The Ontario Mining Act was passed in 1873 and falls under the jurisdiction of the Ministry of Northern Development and Mines (MNDM). One of the most contentious aspects of this Act is the right of "free entry," which allows prospectors access to most of Ontario's land mass and the power to stake claims and undertake exploration on private and Crown land, without consulting property owners or the public, without regard for First Nation treaty rights and without any environmental assessment of other land uses and the impact of mining exploration and activities on the local ecology.

Thanks to this legislation (and other factors, such as economic incentives to invest in mining companies), Ontario is a mining stronghold. The province produced $9.4 billion worth of minerals in 2006, more than any other jurisdiction in Canada. According to the Ontario Prospectors Association, 41 mines are currently in operation and more than 800 exploration projects are ongoing. The amount of land staked for mining interests totals nearly 54,000 square kilometers – about 6 percent of the province's land base.

In 2009, the Province initiated consultations to amend this outdated Act. Ontario Nature's recommendations for amending the Mining Act to address serious environmental and social issues are outlined below.

1. ENVIRONMENTAL ASSESSMENT
   Currently, mining operations in Ontario are exempt from environmental assessment, a disturbing and unacceptable situation given the significant environmental impacts of mining. A comprehensive environmental assessment of all stages of mining operations should be mandatory.
2. CONSENT OF ABORIGINAL PEOPLES
   Ontario's Mining Act must ensure that mining operations occur in a manner that upholds Aboriginal and treaty rights. It must require meaningful consultation and free, prior and informed consent as a precondition to allowing development to proceed. Bill 173 should ensure that Aboriginal peoples can determine where and when mining can occur in their traditional territories.
3. FINANCIAL SECURITY FOR 100% OF CLEAN-UP COSTS
   While mining generates considerable economic activity, the massive clean-up and reclamation costs usually fall on taxpayers. Nearly 6,000 abandoned mine sites are scattered across Ontario and the estimated cost to clean up these sites is $500 million. The problem of abandoned mines highlights the need for companies to provide financial security for clean up and reclamation costs prior to being allowed to proceed with development.
4. PRIORITIZING LAND USE PLANNING
   Municipalities should help decide where mining activities will take place within their boundaries. Current land use planning processes in the far north and near north need to have priority over mining to allow communities to determine where mining might occur.
5. RULES FOR URANIUM MINING
   Significant public outcry has resulted from the surge of uranium exploration in Ontario. There should be a moratorium on uranium mining until the health and safety implications have been studied and appropriate rules established. This needs to include environmental considerations and consider the option of a long-term prohibition.
6. IMPROVED PERMITTING
   A permitting process for each stage of mining activity will ensure that there are environmental, Aboriginal and other public interest screens prior to any mining interests being created.

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