Environment czar calls for better planning, Mining Act reform.

• Author: Ross, Ian
• Position: NEWS - Law governing mining industry's environmental concern

Ontario's Environmental Commissioner says the Mining Act needs to be reformed.

In his annual report, Gord Miller says the Ministry of Northern Development and Mines' (MNDM) strategy for mineral development "revolves entirely around the promotion of mining" with little consideration given to strategic land use planning or environmental protection.

The lack of government regional planning, especially in the Far North, was a central theme in Miller's 225-page report released Dec. 4.

Miller says MNDM views mining as the "preeminent" use for Crown lands, especially in the Far North, and has forced other ministries into secondary roles.

In 1999, some areas set aside as protected areas by the Ministry of Natural Resources (MNR) under the Living Legacy Land Use Strategy were later revealed to having mining claims staked on 66 of the 378 areas identified to become provincial parks.

Some were staked after the protected areas were proposed but before MNR requested MNDM remove the areas from eligibility.

In the early 1980s, the Attawapiskat River was identified by the MNR as a candidate for a provincial park, but the planning held no legal weight and the area near the Victor diamond mine is now extensively staked.

Miller says in his report there's been a lack of co-ordination between various provincial ministries in protecting and balancing all interests.

He says Queen's Park has a "clear duty" to consult with First Nations and develop "appropriate consultation policies" to fulfill its constitutional duties, reduce conflict and alleviate uncertainty with the mining industry.

Prior to the provincial election, the Liberals announced they would review the Mining Act.

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Changes won't be easy, but the time is right, says Miller, mentioning the conflict in northwestern Ontario over a mineral claim between junior miner Platinex and residents of Big Trout Lake.

Miller says mining companies are given a fair degree of latitude to extract resources on Crown land, but Ontarians expect social and environmental standards to be met.

"The mining industry knows they have to have a social contract to work in the land."

A good framework to start from is Ontario's Living Legacy strategy where land users sat down with environmental groups and worked out a plan.

He says the mining industry wants a clear set of rules that meet their business expectations and Aboriginal environmental demands.

A reformed Mining Act would provide clarity.

"It takes years...