Ontario Mining Act Reform

On August 5, 2008 the McGuinty government announced a series of public and stakeholder meetings on the Ontario Mining Act reforms. These meetings were held in 5 cities: Timmins, Sudbury, Thunder Bay, Kingston and Toronto. Since that time, FUME has concentrated its efforts on ensuring that the Mining Act is changed to offer greater protection to the environment, individual property owners and municipalities. We have joined with other groups in Eastern Ontario to form the Coalition for Balanced Mining Act Reform (CBMAR).

The coalition came up with Three Modest Proposals (below) concerning citizen and mining rights in Ontario that we want to see included in the revised Mining Act. The Three Modest Proposals have been promoted at the Mining Act revision stakeholder meetings, presented to the Ministry in a private meeting with the Minister's advisors on Mining Act reform, and have been sent to every MPP in Ontario. The acceptance of these Three Modest Proposals is a critical, if not final, step toward putting a stop to the development of a uranium mine, or any other kind of mine (exploration for nepheline has taken place recently in Gooderham), in Haliburton County.

The Mining Act changes were announced at the end of April, 2009, and FUME, along with other CBMAR members, were at the Ontario Legislature for the first reading and attended a private briefing on the new Act with representatives from the Ministry of Northern Development and Mines. A copy of the Bill and other Mining Act reform information can be found on the MNDM's website.

There is still work to be done! While the Ministry removed private property where the mineral rights are held separately from staking, they did not reunite mineral and surface rights. Claim staking still remains at the Minister's discretion and they could easily put private property back on the map in the future if they so choose. Existing claims on private property still stand. Crown land in is still open for staking even if mining goes against the official plans of the municipality where the Crown land lies. The Mining Act amendments as they stand, offer no protection to residents and cottagers living in proximity to, or downstream from, potential mine sites.

The Mining Act has passed second reading and will go to Committee in the fall. FUME has applied to present to the Subcommittee and is currently awaiting confirmation. It is essential that we let as many MPP's know just how the Mining Act impacts their constituents. If you're a cottager, please help us to keep the message moving by writing or visiting your hometown MPP and let them know what's happening here in cottage country.

THREE MODEST PROPOSALS CONCERNING MINING IN ONTARIO

Changes are urgently required to the rules that govern mining and mining exploration activities in the Province of Ontario so as to ensure that the rights, the interests and the health of the citizens of the Province are no longer made subordinate to the interests of mining firms.

While we are pleased that Minister Gravelle has acknowledged the need to modernize the Mining Act, we most strongly feel that a longer, more open and more meaningful consultation process is required, and that the proposals that have been made by affected parties after many years of considered discussion are included in the changes to the Act.

Through years of work, a number of well-informed individuals and groups have proposed three modest changes that aim to correct the most fundamental problems created by the extraordinary privileges that the current mining legislation gives to mineral exploration and mining firms.

The Three Modest Proposals listed here are consistent with what has been proposed by community groups, municipalities, environmental bodies, politicians from all levels of government, and municipal politicians working through the Association of Municipalities of Ontario (AMO).

Three Modest Proposals call on the provincial government to treat all land owners fairly and equally, and to give land owners, municipalities and all affected persons a proper say in all mining-related activities that would have an impact on them, their rights, their responsibilities, their health and their livelihood.

Proposal 1: - Single Ownership - RE-UNIFY MINERALS WITH LAND

The Government of Ontario re-unite all provincially-owned mining rights with land that is privately owned and municipally taxed.

  • ensure that the 2% of property owners who do not own the minerals under their property have the same rights as the other 98% of property owners;

  • permanently resolve the problems of two owners to one property: where land owners, whose deeds assure the right to the private enjoyment of their property, can lose that right because the government allows prospectors to lay claim to the minerals under their land and to conduct exploration and mining activities on their land without the owner’s consent; and

  • bring an end to the discriminatory provincial mining acreage tax being levied on those properties where the owners already pay municipal taxes on their lands.

This is consistent with the resolution passed by the Association of Municipalities of Ontario (AMO) on June 22, 2007.

Proposal 2: - Local Planning - STRENGTHEN MUNICIPAL PLANNING POWERS

The Provincial government give municipal governments: the ability to develop and to enforce official plans including mineral land use designation; and thus the subsequent authority to zone lands so as to restrict the locations in which mining activities can be undertaken, in accordance with municipal needs.

This will result in a better balancing of the importance of mining, agriculture, recreation and tourism to the economy of Ontario, and ensure more open and transparent governance that respects the different realities in different regions of the province.

Proposal 3: - Impact Authorization - REQUIRE A REVIEW and ANALYSIS OF IMPACTS

The Provincial government require a comprehensive public review of the impacts of proposed mineral exploration and mining activities before such activities can be undertaken by anyone.This will ensure that mineral exploration and mining activities will cause no adverse legal, health, environmental and property impacts.

These Three Modest Proposals offer a positive step towards balance, by changing provincial legislation and procedures that allow mining firms to claim and to take publicly owned minerals and to engage in mining activities in ways that put the environment, the legal rights, the properties, the investments, and the health of Ontario’s citizens at risk.The three modest proposals are completely in line with the duty of governments: to protect the rights and interests of all citizens;

  • to manage the resource wealth of the Province in a way that balances the rights and interests of all;
  • to protect the ecological systems upon which all citizens depend; and
  • to protect the health of all citizens throughout the province.


  • FUME's Letter Writing Campaign

    FUME has launched a letter writing campaign targetted to the Provincial Government. To preserve environment and the keep the beauty of the Haliburton Highlands intact, it is important to let the Provincial Government know how you feel about the potential for open pit mining here. We are calling on the Province to consider the Three Modest Proposals in their reforms so exploration and mining activity cannot take place in communities where it is not wanted and does not benefit the community. FUME's position is that Haliburton's economy is driven by tourism and we feel that mining activity in this area will negatively effect the local economy by driving away cottagers and residents.

    The Mining Act is going to Committee in the fall. It is the individual MPP's that will be voting on the Mining Act. We encourage you to visit or write your local MPP as well as the Premier, the Minister of Mines, and the leaders of the Opposition. If you are a cottager and not a consituent of Haliburton-Kawartha Lakes-Brock, it is important to let your hometown MPP know that you want him/her to help protect your cottage. Please mention the Three Modest Proposals.

    We have some downloadable sample letters (below) in Word document format that you can use as a basis. It is a good idea to send your letter to 5 people: the Premier, the Minister of Northern Development and Mines, NDP Leader, Andrea Horwath, the new PC leader when elected, and your hometown MPP. The latter is particularly important. Download the letter of your choice, sign and address it, and send a copy to all of the aforementioned. You will need to print or type your name and address as well as your local MPP's name in the cc list at the end of the letter. You will find government addresses below.

    We'd like to keep track of how many letters are going out and would greatly appreciate it if you would let us know if you've sent some letters. We'd also like to know if you get a response and encourage you reply to it.

    Please contact us if you'd like more information. THANK YOU!!!!!

    Sample letters

    Sample letter - Mining Act impact on cottage country economy
    Sample letter - Supporting Three Modest Proposals    

    Useful Addresses

    To find your hometown MPP's address click here.
    To find your electoral district click here.

    Hon. Dalton McGuinty, Premier
    Rm 281, Main Legislative Building
    Toronto ON M7A 1A4

    Andrea Horwath
    Rm 112, Main Legislative Building
    Toronto ON M7A 1A5

    PC Leader
    TBD


    Hon. Michael Gravelle
    Minister of Northern Development and Mines
    5630-99 Wellesley St. W., 5th Fl. Whitney Block
    Toronto, ON M7A 1W3

    Rick Johnson, MPP
    Rm 330, Legislative Building, Queen's Park
    Toronto ON M7A 1A4

    France Gélinas, MPP (Nickel Belt)
    Critic, Northern Development and Mines
    Rm 159, Main Legislative Building
    Toronto ON M7A 1A5