July 7th, 2013
Yukon Government
Energy, Mines and Resources
Mineral Resources Branch, K-9
Yukon Mine Site Reclamation and Closure Policy Review
Box 2703, Whitehorse, Yukon
Y1A 2C6
By email: mining@gov.yk.ca; Bryony.McIntyre@gov.yk.ca
Attn: Bryony McIntyre
Manager, Mineral Planning and Development
Re:
Quartz Mining Act and Placer Mining Act Review
Dear Ms. McIntyre
Please find below comments from the Yukon Conservation Society (YCS) re: the June
2013 Discussion Paper on Class 1 Mining Land Use as it relates to the Quartz Mining Act
and Placer Mining Act review.
All Class 1 Activities Must Trigger the Duty to Notify and Consult
If Class 1 mining activity is proposed, irrespective of what that Class 1 activity is, it can
be assumed that the intention or hope is that a mine could be developed on that site. This
is different from an individual camping, berry picking, hunting etc. For that reason, all
class 1 mining activities should be covered and their activity must trigger the duty to
notify and consult as laid out in the recent decision of the Yukon Court of Appeal in Ross
River Dena Council v. Government of Yukon, 2012 YKCA 14.
The Potential Role of YESAB
YCS respectfully suggests that consideration be given to the Yukon Environmental and
Socio Economic Assessment Board (YESAB) playing a role in the intent of the court
ruling. YCS recognizes that YESAB is governed by federal legislation, but YCS puts
forward the idea for discussion given that there may be some advantages and efficiencies
in using YESAB infrastructure as opposed to establishing a new, independent Class 1
Notification infrastructure.
Advantages would include making use of existing assessment officers, the YESAB public
registry, etc. It provides a semblance of neutrality because YESAB would oversee the
First Nation, Mining Lands and the proponent discuss new or amended terms and
conditions resulting from consultation or required mitigations for environmental or socioeconomic effects of the program.
YESAB would recommend, and then the Chief Mining Lands could (in the signing off of
the Decision Document) ensure that it met the legal obligations.
YESAB and Class 1 Screening
While YCS recognizes that currently Class 1 activities are not included in the project
regulation listing under YESAA (Yukon Environmental and Socio-Economic Assessment
Act), as they are understood not to create significant environmental risk if mitigated by
application of the operating conditions, this entire mining Acts review is being driven by
the extent that Class 1 activities may prejudicially affect Aboriginal rights. This gives rise
to the possibility that YESAB could be involved given that Aboriginal rights and the
environmental and socio-economic aspects of the YESAB legislation could overlap.
Additional Powers of the Chief of Mining Land Use for Class 1
YCS notes that additional powers and duties are proposed for the Chief of Mining Land
Use in relation to Class 1 activities. These include the need for possible extensions past
the proposed 25 day review and First Nation consultation.
YCS is uncomfortable with the Chief of Mining Land Use having this power with
oversight or perhaps consultation with others. If the YESAB process was involved, or if
the Chief of Mining Land Use was obliged to consult with the affected First Nation(s)
regarding the extension, that could be a possible solution. YCS suggests that YESAB
could be the main repository for extensions past the 25 day review period
Comments on “Proposed Process – Class 1 Notification” flowchart
Proponent to Contact Mining Lands Office
Under the recommended proponent actions mention is made that the proponent will
“contact First nation to discuss proposed program”. Why does the proponent have to
initiate the discussion? Shouldn’t it be Yukon Government (YG) to First Nation
Government discussion (which occurs under the “25 Day Clock Starts” section
“25 Day Clock Starts”
Mention is made that the Mining Lands Office will conduct an internal YG review
(including other departments as required) of plan and mitigations. YCS suggests that a
formal checklist of other YG departments to be contacted. This will ensure all
departments can provide input, rather than having Mining Lands determine which
departments can provide input.
Further, consideration should be given to contacting certain Federal Government
departments: Department of Fisheries and Oceans; Environment Canada and Aboriginal
Affairs and Northern Development Canada. There is also the potential to review with
other levels of government, specifically municipalities. It should be noted that a typical
YESAB process allows for all YG departments as well as other levels of government
(and the public) to provide input.
Notification
YCS suggests that even if no extension is warranted (and the program approved as
submitted) public notice be given to the proponent (this could be something as basic as
posting on the internet). This would let other interested parties know approval has been
given.
If you have any questions, please contact the undersigned.
Yours truly
Lewis Rifkind
Mining Coordinator
Yukon Conservation Society
Tel: 867-668-5678 email: ycspipe@ycs.yk.ca