Atikameksheng Anishnawbek issues a formal response to Ontario government’s proposed Bill 71, Building More Mines Act

April 27, 2023

We do not support Bill 71 and call for a complete review of the Ontario Mining Act in collaboration with First Nations in Ontario

ATIKAMEKSHENG ANISHNAWBEK – After careful review and consideration of the impacts that Ontario’s Bill 71, Building More Mines Act, 2023, will have on the traditional territories of Atikameksheng Anishnawbek, Gimaa Craig Nootchtai and Council wish to issue a formal response to the Government of Ontario.

Atikameksheng Anishnawbek stands in solidarity with other First Nations in Ontario, including the Matawa Chiefs Council, in opposition to Bill 71’s clear disregard for First Nations inherent Treaty rights.

Atikameksheng Anishnawbek does not support Bill 71 as it has not been properly consulted and engaged during the review and amendment process of the Ontario Mining Act.

Atikameksheng Anishnawbek has five (5) mines operating on our asserted reservation lands and four (4) mines operating within our traditional territory. These mines were started without our free, prior, and informed consent, and continue to have a cumulative negative impact on the health and well-being of Atikameksheng Anishnawbek.

Atikameksheng Anishnawbek’s inherent Treaty rights will be adversely impacted by the proposed changes in Bill 71 as it further perpetuates the cycle of resource exploitation in our reservation and traditional lands. Further, Ontario has a legal requirement to consult, engage, and accommodate Atikameksheng Anishnawbek when it chooses to infringe upon our Treaty rights, and has not approached Atikameksheng Anishnawbek to consult with us to discuss our concerns in a meaningful way.

We call on the Government of Ontario to address the following key points regarding Bill 71 and to commit to the development of a consultation framework to review and amend the Ontario Mining Act, in full consultation and engagement with Ontario First Nations:

1. Further Consultation and Engagement with Atikameksheng Anishnawbek and other First Nations is necessary before Bill 71 proceeds to the Third Reading:

Atikameksheng Anishnawbek agrees that the discussion of the proposed amendments during the information session was insufficient to fully understand the potential impact of the proposed amendments.
We recommend that the Government of Ontario hold proper consultation with Ontario First Nations to review and discuss the current regulatory regime and the proposed amendments prior to proceeding further with the legislative reform process.

2. Atikameksheng Anishnawbek questions the consolidation of decision-making authority by empowering the Minister to act as both Director of Exploration and Director of Mine Rehabilitation

Under the current Mining Act, the Minister can appoint one or more individuals as Directors of Exploration. Those appointed have the authority to consider the adequacy and consultation with First Nations, waive standard terms and conditions of an exploration permit, and amend or renew exploration permits.
Bill 71 would allow the Minister to exercise any power and perform any duty of a Director of Exploration. This would also eliminate the Director of Mine Rehabilitation position and give the Minister these powers.
This consolidation of power will further exasperate the problems surrounding a lack of consultation with First Nations and remove more regulatory oversight.
We call upon lawmakers to provide additional support and resources for decision-makers tasked with overseeing the adequacy of consultation with the Anishnawbek.

3. Atikameksheng Anishnawbek is concerned about the proposed amendments regarding “closure plans” including the following:

i. The loosened certification process
ii. Deferring elements
iii. Lowering reporting obligations
iv. Allowing phased financial assurance
v. Changing the definition of “rehabilitate”
• Many of the proposed amendments to Ontario’s Mining Act relate to “closure plans”. This relates to the steps that a proponent will take to restore the region after mining activity is finished. The proposed amendments make it easier for industry to build more mines by relaxing the rules governing how proponents rehabilitate the mining site once they are finished. These amendments could damage our natural resources and environment. This is not acceptable as we are the stewards of these lands.

4. Atikameksheng Anishnawbek is concerned with the lower standard of care required to issue recovery permits.

The Mining Act currently possesses a framework where mining proponents require “recovery permits” before they are permitted to recover minerals from mine tailings and other wastes. The current wording states that for a recovery permit to be issued, the land subject to mineral recovery would be improved after the recovery activity.
The proposed amendments would replace the word “improved” with “comparable or better than”. This is a lower standard than what currently exists.
Atikameksheng Anishnawbek believes that this change will have a negative impact on the environment and on our rights and interests that have been recognized and protected by section 35 of the Constitution Act, 1982.

In summation, Bill 71 will:

Encourage more mining developments with less regulation and reduced rehabilitative measures.
Sacrifice the environment and the inherent Treaty rights of Atikameksheng Anishnawbek and other First Nations in Ontario to the benefit of industry and investors.
Set back working relationships between provincial ministries and Ontario First Nations due to the reduction of key ministry staff and due to the added burden placed onto already strained and underfunded First Nations political and administrative bodies.
Further perpetuate the exploitation of resources in First Nation lands through implementation of a colonialist system that excludes First Nations in mining activities in their reservation and traditional lands.
Increase the chance of further legal actions from First Nations who are forced to protect their reservation and traditional lands because of cumulative infringements on their inherent Treaty rights.

We call on the Ontario government to commit to the development of a consultation framework to review and amend the Ontario Mining Act, in full consultation and engagement with Ontario First Nations.