New Regulatory Provisions under the General Regulation 113/91 of the Mining Act - Development of Criteria for sites of Aboriginal cultural significance.
Bill or Act:
Summary of Proposal:
Under Amended Sections 35 and 51 under the Mining Act
Under section 35, of the Mining Act the Minister may withdraw Crown owned lands from claim staking and exploration. When the amended section 35 is in force, the Minister may consider a number of factors in making a withdrawal decision including whether land meets the prescribed criteria as a site of Aboriginal cultural significance.
Section 51 of the Mining Act deals with possible restrictions on an existing mining claim holder’s right to use the surface of the claim to explore for minerals, when there are competing interests seeking to use the surface for other purposes. A hearing process is contemplated before either a Provincial Mining Recorder or the Mining and Lands Commissioner.
A new authority has been added in subsection 51(4) of the Mining Act, which, when proclaimed in force, will authorize the Minister to make an order imposing restrictions on an existing claim holder’s right to use portions of the surface rights of a mining claim, if the lands meet the prescribed criteria as sites of Aboriginal cultural significance.
The Ministry is proposing to prescribe criteria for sites of Aboriginal cultural significance for purposes of both sections 35 and 51 which may include:
- Certain specific types of sites identified as significant to Aboriginal communities;
- Certain other specific characteristics required of the site, such as: its size, its historic use and permanence, its physical attributes that might suffer irreparable harm from mineral exploration activities, or its location relative to mineral potential, among others.
October 1, 2010
Comments Due Date:
November 15, 2010
Ministry of Northern Development and Mines
Room 3650 Whitney Block