Questions raised over changes to Crown land-use legislation

Initial concerns raised by the Prospectors and Developers Association of Canada (PDAC) over amendments to Ontario’s Public Lands Act (Bill 137) have abated somewhat, the association’s managing director told The Northern Miner.

Introduction by the Ontario Ministry of Natural Resources of a multi-purpose work permit for all activities (mining, logging, etc.) on Crown land was first viewed as being part of a “scary document,” Anthony Andrews said. However, the PDAC has met with ministry officials and the association now feels the legislation is not as onerous as originally perceived.

Passage of the amendments — first reading was given May 19, and royal assent granted June 29 — took the association by surprise. That the new measures came via the ministry of natural resources also caught the association off guard; its dealings on mining matters have mainly been with the Ontario Ministry of Northern Development and Mines.

Basically, what the ministry of natural resources has done is try to streamline the permitting process for land use by rolling all the uses into one “multi-use” permit.

After reviewing the legislation in late June, the PDAC recommended the removal of all references in the amendments to “mineral exploration” and the inclusion of an omnibus statement at the beginning of the bill which refers to “mineral exploration” under the existing Mining Act.

“We see no reason why a work permit cannot be issued by the Mining Recorder in any mining division, pursuant to the Mining Act,” wrote the PDAC in a brief to the ministry.

The association pointed out that prospecting (or reconnaissance exploration) activities prior to the property being obtained have never required a work permit.

“A work permit requires disclosure of location and purpose and one-to-10 weeks or more to be issued, and as such would endanger the security, confidentiality and timeliness of prospecting activities,” wrote the PDAC. “We can see no purpose for such a permit, except to interfere with the free and unencumbered access to Crown mineral rights, and to invade the privacy of prospectors.”

Another area of the amendments to which the PDAC has objected is the section allowing the minister to appoint officers to administer the Act. Rules and regulations spelled out in writing should be used to govern, the PDAC says, not the local opinion of officials.

PDAC and ministry officials met at the first of August to iron out the former’s concerns. Andrews said the PDAC has asked to be consulted on the drafting of regulations pertaining to the Public Lands Act.