Blog: Ontario’s bid to shorten time needed to build mines about making regulation more ‘effective’: George Pirie – Financial Post

Ontario’s bid to shorten time needed to build mines about making regulation more ‘effective’: George Pirie

Rights groups warn changes risk hurting environment, Indigenous communities

Ontario Minister of Mines George Pirie.
Ontario Minister of Mines George Pirie. Photo by Andrew Autio/The Daily Press

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Ontario’s minister of mines defended legislative proposals that would shorten the time required to build a mine in the province, dismissing charges from some rights groups that Premier Doug Ford risks hurting the environment and Indigenous communities.

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“Not at all,” George Pirie said March 3 when asked if his amendments would hurt the environment. “This is improving how the Ministry of Mines operates,” he said. “There’s no change in environmental regulations and there’s no change to the Crown’s duty to consult.”

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The Ford government says it currently takes 15 to 20 years to build a mine in Ontario, risking the province’s ability to take full advantage of a global mining boom sparked by the transition to electric vehicles and the willingness of the United States, the European Union, Canada and other rich democracies to spend heavily to weaken China’s dominance of the supply of critical minerals.

Pirie’s amendments would give him more power to make decisions linked to the permits required by mining companies to explore deposits and build mines.

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Ontario also wants to update the mine closure plan that miners must submit before they can begin construction, a process that takes several years. (A closure plan includes the steps a company will take to restore the physical, chemical and biological quality of a region disturbed by the mining to a satisfactory level.)

Currently, the Ministry of Mines conducts reviews of the draft closure plans before they are filed. The amendments would allow certifications from “qualified persons” instead and allow the minister to conditionally file closure plans.

Pirie’s changes would also reduce up-front expenses for miners. Currently, miners need to provide the government with financial assurance that amounts to the estimated costs of the rehabilitation measures described in the closure plan. The province is permitted to use this money to carry out the work in case the miner is unable to do the work itself. The changes would introduce a system where a miner would be able to submit the financial assurance in incremental amounts on a schedule tied to the construction of the mine.

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Jamie Kneen, who co-leads operations at MiningWatch Canada, a non-profit watchdog, said the changes were “asking for trouble” and “hugely” risky.

“It’s a real step backwards in terms of environment and public safety,” Kneen said. “There’s a reason that all of these safeguards were put in place over the years because we experienced these problems and had to find ways to get around them.”

Kneen added that the “other really big missing element” was the absence of public or Indigenous engagement.

Kate Kempton, a lawyer who represents several First Nations in Ontario, including the Attawapiskat First Nation, echoed Kneen’s sentiments and said the government’s move was a “recipe for disaster” and that Indigenous communities wouldn’t “tolerate” the changes.

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Natural Resources Canada said in a statement that it would work with all provinces in a way that “advances reconciliation with Indigenous Peoples, as Canadians are looking for products mined in adherence to high environmental and social standards.”

Pirie said his legislative push was part of making the Mining Ministry “as effective and efficient” as possible. “These things can make a big change,” and help Ontario secure its supply chain, he said.

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