News & Events

Mining Act gets needed updates!

Oct 22 2009

After many years of patient and diligent work towards a modern and more thoughtful approach to mining in Ontario, FOCA is cautiously pleased that Bill 173, an Act to amend the Mining Act received third and final reading in the Ontario Legislature on October 21, 2009. The Mining Amendment Act received Royal Assent on October 28, 2009

The revised Act includes some important improvements that affect property owners in Ontario:

•    Protecting the property rights of private land owners who do not own their mineral rights.

•    Strengthening environmental considerations during mineral exploration

•    Creating a map staking system which should reduce intrusive and unannounced entry onto private lands for the purposes of staking

•    Requiring increased training to obtain a prospector’s license, and requiring advance notice to property owners prior to entry onto private lands

Issues that FOCA believes remain outstanding include:

• the Purpose of the Act still fails to formally recognize the rights and obligations as relates to private landowners;
• the missing role of municipalities;  
• environmental rehabilitation and assessment;
• the lack of an appeal process for decisions taken by the Director of Permitting under the Act.

FOCA is still active on the Ministers' Mining Act Advisory Committee and as members of the Permits and Exploration subcommittee.

FOCA remains committed to participating in the development of the appropriate and required regulations that will make the desired improvements a reality. 

For more information on the new ACT, visit the Ministry of Northern Development and Mines website.  For some background on FOCA's involvement in the improvements to Ontario's Mining Act, visit the FOCA Mining pages.