The Failed Reform of Ontario's Mining Laws

Journal of Environmental Law and Practice, Vol. 23, p. 1, 2011

15 Pages Posted: 19 Jan 2012

See all articles by Bruce Pardy

Bruce Pardy

Queen's University - Faculty of Law

Annette Stoehr

affiliation not provided to SSRN

Date Written: September 19, 2011

Abstract

The Ontario government’s recent modernization of mining laws falls short of genuine reform. Recent amendments have left untouched the Mining Act’s central function of facilitating mining at the expense of other legitimate interests. In the south and near-north of the province, the continuation of the free entry system gives priority to the pursuit of mineral rights over the property rights of surface and neighboring owners. The Crown’s duty of consultation with Aboriginal peoples is being twisted into a burden for mining companies, and under the Far North Act, into an effective veto for Aboriginal interests over mining development. The environmental rules that apply to mineral development are scattered and complicated, and the standards that apply to the rehabilitation of mining sites are lax. Instead of establishing rules for mining that are general, equal and certain, the legislation gives government officials broad discretion over mining policy. Much of the substance of the legislation is delegated to the regulations.

Keywords: Mining, mine rehabilitation, property, mineral rights, aboriginal rights, discretion

JEL Classification: K11, K23, K32, L71, L72

Suggested Citation

Pardy, Bruce and Stoehr, Annette, The Failed Reform of Ontario's Mining Laws (September 19, 2011). Journal of Environmental Law and Practice, Vol. 23, p. 1, 2011. Available at SSRN: https://ssrn.com/abstract=1988320

Bruce Pardy (Contact Author)

Queen's University - Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6
Canada
613-533-6000 Ext. 77570 (Phone)
613-533-6509 (Fax)

HOME PAGE: http://law.queensu.ca/facultyAndStaff/facultyDirectory/pardy.html.htm

Annette Stoehr

affiliation not provided to SSRN ( email )

Register to save articles to
your library

Register

Paper statistics

Downloads
253
Abstract Views
1,783
rank
123,482
PlumX Metrics