Mining Issues

FOCA has participated in the Mining Act review process for several years through our representation on the Minister’s Mining Act Advisory Committee and continues to represent the interests of cottagers. In April 2009 the Ontario Ministry of Northern Development and Mines introduced legislation to modernize Ontario’s Mining Act. The proposed amendments appear to address the issue of landowners in southern Ontario who own their surface rights but not their mining rights by automatically withdrawing these lands from mineral staking. In northern Ontario landowners of such lands will be able to apply to have their lands withdrawn from staking. Unfortunately these provisions do not apply to lands which are already under active claims such as those in the uranium exploration areas around Gooderham and Sharbot Lake.

In FOCA’s view the most serious omissions from the proposed amendments to the Mining Act relate to the role of municipalities and municipal plans, the need for an appeal process, and the lack of environmental assessment.

The Role of Municipalities

In Ontario, Municipal Official Plans do not apply to Crown Land and therefore municipalities have no say over what happens on crown lands within their areas and mining exploration can occur right up to the property lines of private land holders with no municipal input. This means that in areas like Haliburton where over many decades the economy has been transformed from mining and forestry based to tourism, recreation and cottage based, the municipalities still have no say with respect to future mining exploration and mine development. Residents have been shocked to find crown land adjoining and near their private lands staked and then subject to destructive exploration activity while their local municipalities have no control over what is happening. FOCA believes that it is in the interests of all cottagers to urge the government to bring all crown lands, at least in Southern Ontario, under the Planning Act to ensure that municipal plans and zoning will apply to these lands and that residents will have the same land use protections they have with respect to developments on private lands.

Environmental  Assessment

Mineral  exploration activities and mine development can have major environmental impacts  and yet mining activity in Ontario remains exempt from the Environmental Assessment Act. The proposed amendments include new provisions related to  exploration plans and exploration permits as well as reference to rehabilitation  of exploration sites. But the details of these provisions will not be spelled  out until the regulations are written after the final passage of the amendments. FOCA is concerned that the new regulations must be explicit to identify and  mitigate impacts which affect private property owners and crown lands that that  are regularly used for recreation purposes. FOCA believes that it is in the interests  of all cottagers for all mineral exploration activities to be subject to serious  environmental review and that all mine development must be brought under the  Environmental Assessment Act.

What can associations and individuals do?

You can contact your local members of the  provincial government. In contacting members of the Ontario Legislature remember  to contact both your cottage representative and your home representatives.

Many cottage country MPPs are well aware of these issues and already representing our concerns. But urban representatives, who hold the vast majority of votes in the legislature  and in the government caucus, are less likely to be familiar with the issues and  may be surprised to learn that crown lands in cottage country are not covered by  municipal plans, and that environmental review and environmental assessment do  not automatically apply to mining activities, be sure to let them know that these  issues are a concern to you.