Prospectors leery about Mining Act changes.

• Author: Ross, Ian
• Position: NEWS

The head of the Ontario Prospectors Association harbours some trepidation on whether new regulations to the province's Mining Act will reduce misunderstandings and conflict between the exploration industry and First Nations. "We have some reservations on some of the things they are enacting," said Garry Clark, the association's executive director in Thunder Bay.

The new rules are basically geared to improve the consultation process between government, industry and First Nations.

Included in the revised act are new requirements for notifying landowners and Aboriginal communities about proposed activities through a system of plans and permits during various phases of early exploration.

Prospectors have been grumbling the new regulations in the revised act create more paperwork and slow down projects. "We're not 100 per cent sure that plans and permits are going to work, but on a personal level I think it's one of the ways to go," said Clark. "But we need First Nation communities' buy-in and we're not sure it's there."

Clark said each First Nation community is very individual and independent, making it difficult to have a one-window solution.

Among the new rules from the Ministry of Northern Development and Mines are that exploration permit applications will be posted to the Environmental Registry for public comment. Bulk samples for testing purposes will require an exploration permit and there will be new criteria to determine sites of great cultural significance to First Nations in order to protect sites from claim staking.

Aboriginal consultation is also required prior to the submission, or the amendment, of a mine closure plan.

The Anishinabek Nation in northeastern Ontario expressed concerns about consultation with Aboriginal communities at the early exploration stage.

In a news release, Lake Huron Regional Chief Isadore Day said the revised act does not address many of their long-held concerns.

Day said many of the proposed changes will "infringe on our constitutional rights, and disregard the recommendations from the Anishi-nabek Mining Strategy and feedback from our community engagement sessions."

Anishinabek leaders want the opportunity for "free, informed consent and the ability to reject a development that may have an adverse impact on their territory"

The new rules take effect Nov. 1, but Clark said it's a "soft launch" and won't become mandatory until April...