Many steps between exploration to mine development

Continued from previous column published in the Nov. 12 edition of Wawatay News.
This is what the Mining Act now says about Aboriginal Dispute Resolution and the Withdrawal of lands from staking:
The Mining Act says consultation may occur after a person has submitted an exploration plan, in accordance with any prescribed requirements, “including any Aboriginal consultation that may be prescribed.”
This person will have had “applied for and been issued an exploration permit,” from the director of exploration, who may be appointed by the minister from the officers and employees of the ministry.
This director shall consider “Whether Aboriginal consultation has occurred in accordance with prescribed requirements, which may include consideration of any arrangements that have been made with Aboriginal communities that may be affected by the exploration.”
Bill 173 says “a dispute resolution process is established for disputes relating to Aboriginal consultation occurring under the act.”
The dispute resolution clause for Aboriginal consultation says “the minister can designate one or more individuals, or a body, “to hear and consider disputes ... relating to consultation with Aboriginal or treaty rights or to the assertion of Aboriginal or treaty rights, including disputes that may occur.”
Once a report and recommendations are made by the designated body to the minister, the dispute resolution outlines the minister’s powers dealing with Aboriginal consultation in the permitting, advanced exploration and the mine production stage in the following manner. The Minister may,
• confirm, vary or rescind a director’s decision in respect of an exploration permit issued under 78.3 exploration permit;
• provide such further direction or support as he or she considers appropriate respecting any consultation undertaken for the purposes of advanced exploration and mine production stage; or
• take any actions that he or she considers appropriate in the circumstances.
When combined with the provision that says there can be no activities during a dispute section 78.2 (7), Ontario and communities now have more tools available to them so that conflicts can’t be further inflamed or provoked during a dispute. It is also very important for communities to know that under this law, exploration permits can be rescinded.
It is no longer a foregone conclusion that all exploration must go forward. This also means we now have more checks and balances on exploration than prior to this law.
Provisions for withdrawing lands that “meet the prescribed criteria as a site of Aboriginal cultural significance,” can be done under the authority of the minister, who can order lands be withdrawn from prospecting, staking, sale and lease any lands, mining rights or surface rights that are the property of the Crown.
The minister may, by order signed by him or her, withdraw from prospecting, staking, sale and lease any lands, mining rights or surface rights that are the property of the Crown, and the lands, mining or surface rights shall remain withdrawn until reopened by the minister.
In making an order, the Minister may consider any factors that he or she considers appropriate including:
• whether the lands, mining rights or surface rights are required for developing or operating public highways, renewable energy projects or power transmission lines or for another use that would benefit the public, whether the order would be consistent with any prescribed land use designation that may be made with respect to the Far North and whether the lands meet the prescribed criteria as a site of Aboriginal cultural significance; and
• any other factor that may be prescribed.
Look for more columns about the act in coming editions of Wawatay News.
John Cutfeet is from Kitchenuhmaykoosib Inninuwug. He is the bilingual mining coordinator for CPAWS Wildlands League. His blog can be found at noopemig.blogspot.com