Please see the attached…

ERO number

019-6749

Comment ID

84070

Commenting on behalf of

Grand Council Treaty #3

Comment status

Comment approved More about comment statuses

Comment

Please see the attached document "GCT3 Proposed Mining Changes Comments 04-16-2023" for comments from the Territorial Planning Unit (TPU) of Grand Council Treaty #3. Also, please add the following four comments below to the overall comment register from Grand Council Treaty #3 in relation to Bill 71. Lastly, the Territorial Planning Unit is requesting a response for the purposes of transparency from Ministry of Mines. This response will highlight the comments made by the Territorial Planning Unit and how and where they were incorporated to the Mines Policy, and if not, the reasoning why they were excluded. Thank you / Miigwech.

Additional Points to be added to the attached document, "GCT3 Proposed Mining Changes Comments 04-16-2023."

(1) If approved, Bill 71 will change many aspects of the Mining Act. Therefore, the “Consultation
framework: Implementing the duty to consult with Aboriginal communities on mineral exploration
and mine production in Ontario” will also need to be changed. It is recommended that the Territorial
Planning Unit of Grand Council Treat #3, along with all First Nation communities in Treaty #3, have
direct participation, engagement and involvement in the revisions of the “Consultation Framework.”

(2) If a proponent puts forth an “alternative rehabilitation measure” than what is required by code, then
this should automatically trigger the Duty to Consult protocol and First Nation’s should be consulted.
The “alternative rehabilitation measure” should also be reviewed and analyzed by BOTH qualified
person’s / industry professionals as well as Ministry of Mines technical staff. Its important to have
Ministry of Mines technical staff involved to insure accountability.

(3) On the Ontario Ministry of Mines government webpage, it states that the mandate for the Ministry
of Mines is, “Overseeing Ontario’s mineral sector and supporting sustainable development; Help
Ontario become a leader in sustainable mineral development; Collect and publish maps, reports and
data about Ontario’s geology and mining claims; Work with Indigenous partners and the mining
industry to support sustainable development.” However, the proposed regulatory amendments
would create a fully proponent-driven system which relies on the technical expertise of qualified
persons and industry professionals, and correspondingly removes the need for government
technical reviews. That being said, how will the Ministry of Mines carry out their mandate of
“sustainable development” if they are no longer involved in the technical review process?

(4) In ERO Number: 019-6749, it states: Consequential amendments to the Ontario regulations,
including those listed below, are required to reflect this change:
• O. Reg. 240/00 Advanced exploration, mine development and closure under part vii of the act
(Mining Act)
• O. Reg. 45/11 General (Mining Act)
• O. Reg. 242/08 General (Endangered Species Act)
• O. Reg. 349/98, Work permit - disruptive mineral exploration activities (Public Lands Act)

However, there is no detail regarding what the changes would be to these Acts and Regulations. Can the Ministry of Mines specifically address what the changes (exact wording) will be to the four regulations mentioned above?

Supporting documents