Ontario Releases Long-Awaited Amendments To Mining Act

On April 30, 2009, Ontario's Minister of Northern Development and Mines, the Hon. Michael Gravelle, introduced for First Reading Bill 173, the Mining Amendment Act, 2009. The Bill strikes a balance between preserving the competitiveness of Ontario for exploration and mining and addressing the concerns of surface rights holders. Importantly it implements the Crown's constitutional duties owed to Aboriginal people. Although the Bill leaves considerable detail for regulations, resource companies that have been engaging Aboriginal people will likely find alignment with the approach of the new regime.

The extensive package of amendments to the province's Mining Act would formalize consultation with Aboriginal communities affected by exploration and mining activities. It would also require prospectors to undergo "awareness" training, and introduce a dispute resolution process to resolve problems when discussions over exploration permits and closure plans run