GLOBE-Net - Taxpayers will have to pay an estimated $500 million to clean up mine sites that have been abandoned by their developers in Ontario, says a report by the Canadian Institute for Environmental Law and Policy (CIELAP) and Ecojustice.  There are 5,700 such mines in the province, 4,000 of which are deemed potentially dangerous to the environment and public health, according to the report.

The environmental groups want the provincial government to close loopholes in the Ontario Mining Act that allow developers to walk away scot-free.   Right now, the government accepts a company’s credit rating as proof that it has enough money to pay for restoring mine sites.   CIELAP and Ecojustice would like Ontario to instead collect security deposits corresponding to 100 percent of the reclamation costs.

“This is bad for business, bad for the health of our communities and is an unnecessary burden on taxpayers.  Simply put: polluters must pay,” “says Maureen Carter-Whitney, research director at CIELAP. 

The Ontario Mining Act dates back to 1873 and was modified in 1906 to establish a “free-entry model” whereby company rights trump everyone else’s.  Prospectors can claim rights to minerals under private property, public lands and traditional First Nations’ territory without asking for owners’ consent.  Once a mining claim has been staked, says the report, a claim holder must only give one day’s notice of intention to perform assessment work.

This is quite different from regulations in Alberta, Quebec, Newfoundland, the Northwest Territories and Nunavut where free miners cannot enter onto land with mechanical equipment unless the surface right holder has been notified and consent given. In british Columbia, a free miner is not required to seek the owner’s consent, although the Ministry recommends that a free miner inform a property owner of his or her intentions prior to entering upon the property to carry out any exploration or development work. 

A comprehensive environmental review system for mining processes is not even in place in Ontario.  This means mining companies can establish camps in remote regions, build roads, drive heavy machinery and drill bore-holes without concern for local wildlife and natural habitat.   A very different situation from British Columbia where in March 2008 the expansion of an open-pit copper/gold mine project was turned down because an environmental assessment review panel thought the project would not bring lasting sustainability benefits.

Regulations favor mining companies to such an extent that in Ontario the government is not always informed of land development activities that might affect First Nations.  “Because there is no requirement to inform government of such activities, the government is often unaware of prospecting activities and mining claims before they are recorded,” says the report. As such, the government is unable to engage in any kind of prior consultation process with Aboriginal peoples at an early stage.

Ontario Premier Dalton McGuinty has pledged to reform the Mining Act to reflect the modern-day values associated with public-land management.  The governing Liberals are expected to introduce such legislation before the Parliament of Ontario breaks on December 11^th, according to The Globe and Mail.

There is no doubt that the mining industry is an integral part of Canada’s economy that contributes billions of dollars to the country’s GDP. As such, there is need for greater sensitivity on environmental matters, preferably without the need to impose stricter regulations on the mining industry.  Such steps would protect eco-systems for future generations and reduce the risk of conflict between industry, the public and First Nations who, especially in Ontario, have warned of potential confrontations if the government does not change its approach with respect to the mining industry.