This consultation was open from:
May 3, 2021
to June 3, 2021
Decision summary
We decided to renew 2 existing mining leases, #106466 and #107254, used to support/provide access to the underground salt mine operations of the Ojibway Mine below the Detroit River. The lessee has met the conditions for renewal and the leases will be issued substantially on the terms and conditions set out in the consultation draft that was posted
Location details
Site address
Ojibway Salt Mine
Geographical Township of Sandwich West
Windsor,
ON
Canada
Site location details
Ojibway Mine in the Geographic Township of Sandwich West, County of Essex (Windsor Ontario) - mining rights only composed of: (i) part of the bed of the Detroit River, Water Lot Location CL5013 in front of Lots 33, 34, 35, 36, 37, 38 and 39 Concession 1, designated as Parts 1, 2 and 3 on Plan 12R-9291; and (ii) part of the bed of Detroit River in front of Lots 37 to 54 incl. Con 1
Proponent(s)
K+S Windsor Salt Ltd.
200 Morton Drive
Telephone: (519) 255-5451
Windsor,
ON
N9J3W9
Canada
Decision details
The Ministry of Northern Development, Mines, Natural Resources and Forestry (NDMNRF) has decided to renew two existing mining leases, #106466 and #107254, used to support and provide access to the underground salt mine operations of the Ojibway Mine below the Detroit River. The lessee has met the conditions for renewal of each lease for a 21-year term, commencing at the expiry date of the previous lease.
The terms and conditions of the renewed leases will be substantially consistent with those posted in the ERO posting. Among other things, these terms and conditions confirm that the leases are subject to applicable environmental legislation. There are also terms and conditions that protect water quality, natural water flow, navigation of the waters, and fishing rights.
We do not anticipate any new environmental impacts associated with the renewal of these leases. The ongoing environmental effects of the Ojibway salt mine are managed and mitigated through other regulatory processes and not through the terms and conditions of the leases.
Effects of consultation
The majority of the comments received on this posting were requests for additional information. The Ministry responded to all of these requests and provided information where possible.
None of the comments articulated specific concerns about the environmental impacts of the Ojibway salt mine.
Two comments were received from First Nations in the region.
Walpole Island First Nation (WIFN) referenced an assertion of Aboriginal title over the leased area, as claimed in litigation commenced in 2000. WIFN took the position that an impact benefit agreement should be a condition of the renewed leases. The Ministry responded, indicating its position that the Crown’s duty to consult, if triggered in the circumstances, does not require the Ministry to insist that the company enter into a commercial arrangement with WIFN, and that such commercial arrangements are not required or regulated under the Mining Act. The Ministry encouraged WIFN to contact the company directly.
WIFN responded, reiterating its position and asking whether the Ministry had considered whether a shorter renewal term might be appropriate and whether the renewed lease will have another renewal clause. The Ministry responded, further discussing its position, and noting that the existing leases provide the lessee a right to renew for a twenty-one year term, and there is no option for a shorter term; and that, in respect of subsequent renewals, one of the leases is on its final term and the consultation draft for the other had a renewal clause that was more discretionary than its prior iteration.
Questions were also received from Caldwell First Nation (CFN) regarding the depth of the lease area and related maintenance protocols for those areas, and regarding opportunities to benefit from the project, which is located within the traditional territory of CFN and other Aboriginal communities. The Ministry acknowledged that the project is located within the traditional territory of CFN, responded to CFN’s questions, and encouraged CFN to contact the company directly regarding opportunities to benefit.
Apart from WIFN and CFN, no other commenters requested additional or modified terms and conditions in the lease, nor did they refer to impacts to the environment that could potentially be mitigated through revised terms and conditions.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
How to Appeal
Appeals are not allowed
This instrument type cannot be appealed. Learn more about our consultation process.
Connect with us
Contact
Lisette Prudhomme
Willet Green Miller Ctr Bldg B Level B3, 933 Ramsey Lake Rd
Sudbury,
ON
P3E 6B5
Canada
Original proposal
Proposal details
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The Ministry of Energy, Northern Development and Mines (ENDM) intends to renew two existing mining leases, #106466 and #107254, used to support and provide access to the underground salt mine operations of the Ojibway Mine below the Detroit River. The lessee has met the conditions for renewal for a 21-year term.
While Ontario is obliged by the terms of the existing leases to grant the requested renewals, Ontario has discretion with respect to the terms and conditions that will apply to the renewed leases.
ENDM proposes to retain existing terms and conditions in the renewed leases that confirm the leases are subject to applicable environmental legislation, as well as terms and conditions that protect water quality, natural water flow, navigation of the waters, and fishing rights.
We do not anticipate any new environmental impacts associated with the renewal of these leases. The ongoing environmental effects of the Ojibway salt mine are managed and mitigated through other regulatory processes and not through the terms and conditions of the leases.
The renewed leases are instruments for the purposes of the Environmental Bill of Rights; this posting relates to the proposal to issue those instruments.
In addition, renewal of the leases is a Category B project under the Class Environmental Assessment for ENDM’s Activities under the Mining Act (Class EA); as required by the Class EA, so this posting is also an opportunity to provide input on a Category B project. Please see the Class EA Notice of Opportunity to Provide Input.
For both of these purposes, you are invited to comment on whether additional terms and conditions should be imposed on the renewed leases.
Drafts of the proposed terms and conditions for the renewed leases, as well as copies of the current leases, are included as supporting material.
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Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Comment
Commenting is now closed.
This consultation was open from May 3, 2021
to June 3, 2021
Connect with us
Contact
Lisette Prudhomme
Willet Green Miller Ctr Bldg B Level B3, 933 Ramsey Lake Rd
Sudbury,
ON
P3E 6B5
Canada
Comments received
Through the registry
1By email
10By mail
0