In November 2008 the Nishnawbe Aski Nation (NAN) Chiefs passed Resolution 08/84 that supports the continuation of Oski-Machiitawin until March 31, 2010.
Mining Table
On February 19, 2009 the Minister of Northern Development and Mines, Michael Gravelle committed to continue mining discussions with NAN at the Oski-Machiitawin Mining Table.
Mining Act Reform
The Ministry of Northern Development and Mines, (MNDM) is carrying out the Premier’s promise to change the Mining Act. In 2008 MNDM instituted a Mining Act reform consultation process which was unacceptable to NAN First Nations due to the short time frame and the culturally inappropriate approach to the consultations. Through Oski-Machiitawin process First Nations who wished to, gave input on mineral exploration and Mining Act reform. NAN developed a set of recommendations for the new Mining Act legislation. The participating NAN First Nations have stated that their participation should not be construed as consultation and does not meet Ontario’s legal obligation to consult. The recommendations were brought forward in a Pan-Ontario/Pan-Aboriginal forum being held by the Political Confederacy (PC) through Chiefs of Ontario (COO). With MNDM and Ministry of Aboriginal Affairs (MAA,) the PC worked on developing language to help guide the drafting of the new Mining Act legislation. NAN is involved in the PC discussions. The OM Mining Table Lead has been attending the meetings and bringing forth the NAN First Nations positions with regard to Mining Act Legislation.
NAN Involved in the Legislative Drafting Process for Mining Act
Oski-Machiitawin and NAN First Nations put forward a position that they be involved in the drafting of the new mining legislation. It was the hoped that NAN could influence the drafting, especially in the area of termination of the Free Entry System. The drafting process began in late March. Because Oski-Machiitawin had developed the NAN recommendations for amendments to the Act in 2008, and had gathered input and feedback from NAN communities on the recommendations, its representatives at the legislative drafting process were thoroughly prepared to advance the NAN First Nations agenda for the Mining Act.
Some key areas NAN First Nations want addressed in the amended legislation include:
- Free Prior Informed Consent: No prospecting, staking, exploration or mine development will proceed without a written agreement in place, at the discretion of the First Nation.
- Participation in Regulations: All regulations under the new Act must be made in consultation with First Nations in a government-to-government relationship.
- Spirit and Intent of the Treaties (no. 9 and No. 5): These agreements to live and work together will be recognized by any person exercising authority under the Act.
- Environmental Standards: The land, water, air and all living things must be protected - by the highest environmental standards with all exploration and development projects subject to the scrutiny of environmental assessments.
- Dispute Resolution: An independent dispute resolution mechanism involving NAN Nation communities that respects the values and laws of First Nations people.
- Funding and Capacity: A firm commitment to funding and technical resources to engage and respond to the project assessment process.
- Land Use Planning: An assurance that new legislation does not pre-empt the current process, that land use plans take precedence over mining rights, and clear indication that land use plans will be respected, and will not be trumped by mining tenure.
- Map Staking and Land Designations: A commitment that consultation and accommodation obligations will be met and that capacity and technology will be provided to First Nations who want to participate.
NAN has requested a commitment from the Government of Ontario to a process that will see more meaningful participation by First Nations during the regulation and policy stages; detailed work that will be conducted following the implementation of the Mining Act amendment bill.
Mining Act Legislation Tabled in the Ontario Legislature
The Modernization of the Mining Act Bill was tabled in the legislature on April 30, 2009. The following are some of the highlights of the bill for First Nations. The highlights are taken from a presentation on the MNDM section of the Government of Ontario Website:
http://www.mndm.gov.on.ca/miningact/pdf/mining_act_tech_briefing_slides.pdf
Highlights:
For Aboriginal Communities
Ontario would become the first jurisdiction in Canada to expressly recognize Aboriginal and treaty rights in its mining legislation, and enable a dispute resolution process for Aboriginal-related mining issues through regulation. Proposals would also address key concerns of Aboriginal communities. For instance, Ontario's modernization approach would include:
- Provisions for withdrawing significant Aboriginal cultural sites from claim staking;
- Notification of Aboriginal communities immediately after a claim is staked;
- Requirements for prospectors and companies to notify Aboriginal communities of plans for significant exploration activities within their traditional lands;
- Provisions to enable restrictions on prescribed prospecting and exploration activities;
- Introduction of a graduated approach to Aboriginal consultation, with the scope and degree tied to impact of proposed exploration activities. This approach would:
- Outline consultation requirements
- Require environmental rehabilitation
- Require exploration work plans or permits
The Ministry will invite further input from First Nation communities and Aboriginal organizations as Ontario develops policies and regulations to implement the new Mining Act.
The Modernization of the Mining Act bill has passed the second reading in Ontario Legislature. It is expected that a standing committee will tour the province and take submissions about the legislation from the public this summer. It is NAN's position that the standing committee should visit Tribal Councils and First Nations.
