The Boreal Below Mining Issues and Activities in Canada’s Boreal Forest

Northwatch and MiningWatch Canada May 2008

Foreword

The mining sector is a major industrial player and source of long lasting and wide-ranging environmental and social impacts within and beyond the boreal forest region, both now and into the foreseeable future. Mining and mineral exploration leave virtually no part of the vast boreal forest untouched. With few exceptions, the entire forest landscape is subject to mineral exploration, and every major watershed is host to a mining operation. Abandoned mines are scatt ered across the region, the majority of them unatt ended and a great number of them not yet even evaluated for their impacts on the environment. Mines bring with them a full slate of industrial infrastructure – roads, power generators, transmission lines, camps or communities, and related development, paving the way for other resource extraction players, who inevitably follow.

This report has been prepared by Northwatch and MiningWatch Canada to provide an overview of mining activities and issues, including an inventory of operating mines and a preliminary cataloguing of closed and abandoned mines and new mineral development activities in Canada’s boreal.

The report off ers a survey and general analysis of mining activities and impacts, but falls short of being fully comprehensive, particularly in its cataloguing of mining activity (other than operating mines). This is chiefl y because the time and resources allocated to the task permitt ed only an initial review and inventorying. The report provides a solid and reliable overview, and refers the reader to additional resources and information sources.

Acknowledgements

The Boreal Below report was fi rst developed in 2001 by MiningWatch Canada with a consortium of researchers and authors, including Northwatch mining campaigners Brennain Lloyd and Catherine Daniel, who assembled the inventory, researched and wrote all sections except those otherwise noted in this introduction, and edited the report into a single document; Colin Chambers and Hugh Benevides, who researched and wrote the section on political and regulatory trends; Henri Jacob, who provided research for the section on Québec; Roch Tasse, who provided translation of portions of the Québec report; Beverly Shiels of the Laurentian University Field Station in Elliot Lake who provided GIS and mapping services; and Joan Kuyek of MiningWatch Canada who provided overall support and editorial comment, as did members of MiningWatch Canada’s board. Reviews of regional sections were generously provided by the Environmental Mining Council of British Columbia, Yukon Conservation Society, the Environmental Law Centre in Edmonton, Saskatchewan Environmental Society, Manitoba Resource Conservation, Northwatch and the Innu Nation.

This revised and updated version of the report has been prepared by Northwatch, MiningWatch Canada and associates, contributions from Brennain Lloyd and Catherine Daniel of Northwatch and Joan Kuyek of Mining Watch Canada, with assistance from Jennifer Simard of Mushkegowuk Environmental Research Centre, Anna Tilman, Robert Ratt le of Human Dimensions of Global Change/Sustainable Consumption, and Carrie Slanina of the Centre for Science in Public Participation. Several others contributed comments and assisted by reviewing sections of the report, including Marina Biasutt i-Brown, Ugo Lapointe, Maribelle Provost, Romain Taravella, Larry Innes, David Peerla, Robert Ratt le, Katie Pearson, Bruce McLean, Soha Keen, Lorraine Rekmans, Sharon Gow-Meawisige, Carrie Slanina, Gerry Couture, Jean Langlois, Randy Fleming, Amy Crook, and Kevin O’Reilly. Their time and invaluable contributions are greatly appreciated. Helen Forsey shared her skills as a copy editor and fi nal arbiter of punctuation, for which we are grateful.

i Table of Contents Foreword i Acknowledgements i

1.0 Mining the Boreal 1 1.1 An Introduction to Canada’s Boreal as a Mining Region 1 1.2 The Ecology of the Boreal Forest Region 1 1.3 Defi nition and Delineation of the Boreal Forest Ecozones 2 1.4 A Summary of Mining Activity 3 Exploration 3 Operating Mines 3 1.5 An Economic Snapshot 4 1.6 Mining and Natural Capital 5 Biodiversity 5 Climate Change 6

2.0 The Mining Sequence 8 2.1 An Overview of the Mining Sequence 8 2.2 Prospecting 8 Free Entry 9 Staking 13 2.3 Exploration 15 Early Exploration 15 Drilling 16 Bulk Sampling 17 Feasibility Studies 17 Impacts from mineral exploration 18 2.4 Mine Operation 19 Extraction 19 Waste Rock 20 2.5 Processing 21 Milling 21 Tailings 22 Smelting 23 2.6 Mine Closure 24 Closure Plans 25 Financial Assurances 25 The Exit Ticket 26 2.7 Perpetual Care 26

3.0 Mining and the Environment 28 3.1 Impacts on the Land 28 Access to the Land Base 28 Surface Disturbance 31 Contaminated Soil 32 Abandoned Mines 33 3.2 Impacts on Water 35 Acid Mine Drainage and Metal Leaching 35 Polluting Process Agents 37 Mixing Zones: The Solution to Pollution? 39 Sediments 41 Water Consumption 42

ii The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest 3. 3 Impacts on Air 43 Greenhouse Gases 43 Heavy Metals and Toxics 44 Mitigation 48

4.0 Mining and Society 49 4.1 Mining Communities in the Boreal 49 Social Impacts in Mining-Dependent Communities 50 Aboriginal Community Economics 51 Public Participation Processes 53 4.2 The Governments 55 A Summary of the Federal-Provincial Division of Powers 56 The Federal Government as Regulator 58 Provincial and Territorial Regulation – A Summary 67 Devolution 68 4.3 The Mining Industry 69 Demand and supply 69 Mergers and Acquisitions 71 Junior Mining Companies and the Exploration Boom 72 Canadian Mining Companies Abroad 73 Mining Industry Associations 73

5.0 Aboriginal Peoples and the Mineral Sector 78 5.1 The First Peoples 78 5.2 Issues and Impacts 79 5.3 Rights and Responses 80 5.4 Impact Benefi t Agreements (IBAs) 83 5.5 Environmental Assessments 85 5.6 Taking Action 87

6.0 Across Canada’s Boreal 90 6.1 Newfoundland and Labrador 90 Mining’s History 90 Mining Today 91 Staking and Exploration 91 Production 92 Mining’s Legacy 95 6.2 Québec 96 Introduction 96 Mining’s History 96 Mining Today 97 Staking and Exploration 98 The Mineral Tenure System 98 Production 100 Mining’s Legacy 103 6.3 Ontario 106 Mining’s History 106 Mining Today 106 Staking and Exploration 107 Production 111 Mining’s Legacy 112

Table of Contents iii 6.4 Manitoba 114 Mining’s History 114 Mining Today 114 Staking and Exploration 115 Production 116 Mining’s Legacy 119 6.5 Saskatchewan 120 Mining’s History 120 Mining Today 120 Staking and Exploration 120 Production 121 Mining’s Legacy 123 6.6 Alberta 125 Introduction 125 Mining Today 125 Staking and Exploration 125 Production 126 Mining’s Legacy 127 6.7 British Columbia 128 Mining’s History 128 Mining Today 128 Staking and Exploration 129 Production 132 Mining’s Legacy 135 6.8 Nunavut 137 Introduction 137 Mining Today 137 Staking and Exploration 138 Production 138 Mining’s Legacy 138 6.9 Northwest Territories 141 Mining’s History 141 Mining Today 141 Staking and Exploration 144 Production 145 Mining’s Legacy 149 6.10 The Yukon 151 Mining’s History 151 Mining Today 151 Staking and Exploration 152 Production 154 Mining’s Legacy 155

7.0 Conclusions and recommendations 159 7.1 Context 159 Political and Regulatory Trends 159 Markets and Commodities 161 Public Expectations 161 7.2 A Call for Change 162

Endnotes 165 Glossary 187 Suggested Readings and On-line Resources 192 Mine Listings by Jurisdiction and Category 201 iv The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest 1.0 Mining the Boreal developed in more remote loca- the boreal forest region. The acid tions. This phenomenon ensures laden mine effl uent and acid laced 1.1 An Introduction to Canada’s that the mining industry will air discharges of the mining indus- Boreal as a Mining Region retain its deserved reputation try overlay the thin and naturally as a frontier-buster, bringing acidic soils of the boreal to stress Canada’s boreal is an immense the roads, power developments these forest ecosystems perhaps northern forest “draped like a and infrastructure with it into beyond recovery. The slow growing green scarf across the shoulders of the last remaining remote or and slow healing taiga is brutalized North America”.1 It comprises 77% semi-remote areas. by earth-stripping activities of the of Canada’s forest land and over diamond and mineral exploration 90% of the country’s remaining Canada’s boreal forest builds soil, industry, where crews move tens large intact forest lands, stretching fi lters water, captures carbon and of thousands of the thin boreal soils in a multi-hued green band from produces oxygen. While diffi cult to each day in the search for prett y the Yukon Territory to southeast monetize the value of such life-giv- gems and minerals. Newfoundland. ing functions, they have been quan- tifi ed as nearly $ 92.8 billion3 worth For the impacts of mining activity Representing 25% of the world’s of environmental services. in Canada’s boreal forest region remaining intact forests, Canada’s to be evaluated, they need to be boreal is host to millions of migrat- Mining, forestry and hydroelec- viewed in the context of the natural ing song birds and some of the tric development are the most sig- characteristics and function of the largest caribou herds in the world, nifi cant industrial activities in the boreal forest. Since a full discussion as well as the large predators that boreal. These activities provide of the boreal forest ecosystem is depend upon them. The region is infrastructure in remote areas and available elsewhere, the following also home to over 600 Aboriginal interact with each other to “open section is intended only to provide communities. In total, approxi- up” a region. the environmental context for the mately 3.5 million people live in the later discussions of mining in this boreal region.2 region.8 “The window of opportunity for The boreal is, in the romantic imag- preserving all of the values of the 1.2 The Ecology of the Boreal ination of North Americans, the last boreal forest is closing rapidly”4 Forest Region and everlasting wilderness. While the wilderness qualities of the The northern ecoregion accounts boreal may, tragically, prove to be The last 50 years have seen rapid, for about one-third of the earth’s less than everlasting, the legacy of poorly controlled, and poorly total forest area and is identifi ed as the mining activities which rob the planned development in the boreal, one of the world’s three great forest great northern forest of its wildness as transportation has improved and ecosystems.9 Soft water boreal lakes will be permanent. resources have become depleted in around the world may contain 80% other regions.5 Neither the cumula- or more of the world’s unfrozen So what is so “boreal” about min- tive eff ects of the development nor freshwater.10 Canada’s boreal eco- ing in Canada? Three factors stand its ecological context appear to have zones cover an enormous part of out: been eff ectively considered at any the country: six million square kilo- point in this development “rush”, metres (91.4 billion acres) or 58 per- • Eighty percent of the mining in which is taking place in Canada’s cent of Canada’s landmass.11 Canada occurs in the boreal for- least conserved landscape.6 Both est region. the country’s leading scientists and Boreal ecosystems contain relatively • The long term impacts of min- Senate subcommitt ees have identi- low numbers of species (approxi- ing and the slow recovery rate fi ed the Boreal ecosystem as at risk mately 100,000 in Canada12) and of the boreal ecosystem couple of being lost in the next half-cen- their simple community structures to make mining of great con- tury, unless industrial development make them vulnerable.13 Limited cern, particularly considering is drastically curtailed.7 numbers of plant and animal spe- its prevalence. cies result in lower genetic diver- • Because more readily accessible There exists an unholy marriage sity in an ecosystem. Effi ciency is ore reserves have already been between the unique impacts of reduced if the information content depleted, more mines are being mining and the unique qualities of of a system is reduced.14 Therefore, 1.0 Mining the Boreal 1 removing a few species from a 1.3 Defi nition and Delineation of boreal ecosystem that contains a the Boreal Forest Ecozones relatively lower number of species may be more likely to degrade vital The boreal forest region has been community and ecosystem func- defi ned many ways. This poses tions than the removal of the same some challenge to eff orts to quan- number of species from a tropical tify activities or impacts in Canada’s ecosystem that contains hundreds boreal region, since such quanti- of thousands of taxa.15 The disap- fi cation must fi rst identify which pearance of only a few species has delineation has been used. been shown to impair the proper functioning of food chains and The 2001 issue of this report relied biogeochemical functions in boreal upon Stanley Rowe’s 1972 delinea- lakes.16 In addition, lower biotic tion of Canada’s forest regions in productivity of boreal ecosystems general, and, in particular, adopts increases their recovery time fol- the boreal forest region defi ned by lowing disturbance. Rowe as “Boreal – Predominantly Forest”.25 This delineation does not Winters in the boreal forest are include the taiga and the transi- long and severe while summers are tional area between the prairies and short and oft en warm.17 White and the boreal forest. For the 2007 issue black spruce, as well as tamarack of the report, the delineation used dominate the boreal forest.18 In east by the Canadian Boreal Initiative and central portions, balsam fi r and was adopted to allow easy com- jack pine occur, and in the west and parison and co-relation with other northwest, alpine fi r and lodgepole important research papers that are pine. Prominent broadleaved trees being produced by or in partnership are white birch, trembling aspen with the Canadian Boreal Initiative and balsam poplar.19 Soils in the (CBI). boreal are mainly thin and acidic, including podzols, brunisols, luvi- The Canadian Boreal Initiative sols and cryosols.20 Over 200 bird defi nes the Canadian boreal region species breed in the boreal and using the National Ecological wildlife includes caribou, lynx, Framework for Canada Ecozones black bear, moose, coyote, timber (NEFC). The following NEFC eco- wolf and recovering populations of zones are considered to be boreal: wood bison.21 Boreal Shield, Boreal Cordillera, Boreal Plains, Taiga Shield, Taiga Typically, there is no senescent Cordillera, Taiga Plains, and phase in boreal forest development Hudson Plains. The NEFC defi ni- and forest systems appear to accu- tion is the most recent national land mulate biomass and nutrients con- classifi cation eff ort and is intended tinuously until interrupted by fi re to provide a consistent spatial con- or other disturbance.22 Boreal forest text within which ecosystems can plant communities are well adapted be described. At the same time, the to fi re, which occurs at average classifi cation scheme is relevant intervals of 80-100 years in mid- to conservation planning at many continental boreal systems.23 Fires spatial scales because it is hierar- are larger and occur with greater chical. In addition, the classifi ca- frequency in the boreal shield than tion scheme is ecologically-based, in any other forested region of the taking into account the combined country.24 infl uence of vegetation, geology, landform, soil, climate , wildlife, water and human factors.

2 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Natural communities typically do projects across the country place Operating Mines not start and stop according to lines total expenditures for the year at Over the twelve months of 2006, the on a map. As one moves northward $1.7 billion, up 32% from $1.3 bil- value of metal mining in Canada from the more deciduous forests lion in 2005. A further increase of increased 45% to $21.2 billion. Most of the south, there is generally no 9% to $1.9 billion is indicated for of the increased value was due to abrupt line that marks the begin- 2007. This represents a run of four higher commodity prices. ning of the Boreal region. This years in a row where mineral explo- • Nickel value increased 76% to adds uncertainty to classifi cation ration expenditures have topped $1 $6.2 billion, with a 17% increase of natural communities. The south- billion per year. in production. ern most part of the Boreal Shield • Copper jumped by 79% to ecozone, known as the Algonquin Government sources identify a $4.6 billion, but production Lake Nipissing ecoregion, was favourable investment climate, sus- remained stable. removed from CBI’s boreal defi ni- tained high commodity prices, and • Iron ore increased by 10.5% to tion because the area’s tree species diff erent tax incentives available in $2.6 billion. are predominantly non-boreal. Canada as signifi cant factors.26 • Gold output was down by Other areas along the southern 13.5%, but its value increased fringe of Boreal ecozones remain as Most of this exploration activ- by 8.4% to over $2.2 billion. part of the boreal as defi ned by CBI ity- 75% of it – took place away • Uranium rose dramatically to because the characteristic vegeta- from existing mine sites in 2006. $1.4 billion, a 26.4% increase, tion is predominantly boreal. The With higher commodity prices, although the volume produced absence of a clear boundary along more known deposits are being declined by 22.4%. the southern and northern fringes fast-tracked toward production • Zinc production declined by of the boreal region has resulted in decisions.27 4.0%, but its value more than diff erences among boreal bound- doubled to $2.1 billion. 30 aries as defi ned by classifi cation Spending increases were observed schemes such as the NEFC and in every jurisdiction across Canada The value of Canadian diamond Rowe’s Forest Regions of Canada. in 2006, with the exception of production declined in 2006 as Manitoba. The largest spending a result of slightly lower quality 1.4 A Summary of Mining increases were in Saskatchewan, of stones mined, but it remains Activity British Columbia and Québec. a dynamic part of the Canadian In 2007, all jurisdictions except mining industry. In addition to Canada’s boreal forest is host to for Alberta and the Northwest the two diamond mines operat- approximately 7,000 abandoned Territories are indicating increases ing in the Northwest Territories, a mines (10,139 are “on fi le” across in expenditures. 28 third – Jericho Mine – commenced Canada), 72 operating mines and 14 production in 2006 in Nunavut. In smelters. In 2007, approximately 98 Exploration spending has been 2006, Canada was the third lead- projects are in “advanced explora- highest for precious metals, with ing diamond-producing country in tion” or under development, with total expenditures of $667 million the world in terms of value, behind thousands more properties being in 2006. Base metals exploration Botswana and Russia. 31 prospected under mineral claims. spending was $380 million, dia- monds $303 million, and uranium An increasing number of former Both mineral exploration spend- $190 million. Diamonds accounted deposits, or former mines, are now ing and claim staking activity have for between 20 and 25% of total being fast-tracked toward produc- been on an increase over the last expenditures. Uranium expendi- tion by companies wanting to take several years, largely in response to tures doubled from 2005, reaching advantage of the current high prices a combination of diminishing min- $190 million in 2006 with more than and commodity demand. eral reserves and rising metal and 350 projects under way. In 2007, commodity prices. uranium exploration spending is Despite extensive exploration and projected to reach as high as $241 record spending on exploration and Exploration million. Saskatchewan remains the deposit appraisal, Canada contin- Exploration spending also con- leading jurisdiction for uranium ues to have relatively and increas- tinued to climb in 2006 and 2007. expenditures, and Newfoundland- ingly low ore reserves, especially Reports for 2006 covering the 734 Labrador has been second in both for base metals. 32 exploration and deposit appraisal 2006 and 2007. 29

1.0 Mining the Boreal 3 In 2005 and the fi rst half of 2006, 11 production and processing, includ- mines, including 4 new mines (a cop- ing everything from exploration per-zinc mine in Newfoundland and to manufacture of metal products. Labrador, a gold mine in Ontario, a Government data do not segregate coal mine in British Columbia and a the Boreal from other eco-regions diamond mine in Nunavut) came on in Canada, so an assessment of stream. Another 20 mines, includ- the socio-economic impacts in the ing 11 new mines, may open or be Boreal requires extrapolation of re-opened before the end of 2008.33 data prepared for other purposes. Since 1996, Environment Canada In Canada’s Boreal region, there has not updated the State of the are 11 coal mines and 56 producing Environment report, which was metal mines, including: largely based on 1991 statistics. • Alberta’s seven coal mines; • British Columbia’s four coal A broad defi nition of the Canadian mines, one copper-gold mine, mineral industry includes mining one gold mine and one gold- (including coal), primary metal silver mine; manufacturing, non-metallic min- • Manitoba’s three gold mines, eral product manufacturing, and three copper-zinc-gold-silver fabricated metal product manu- mines, two copper-nickel mines facturing. It does not include the and one copper-zinc, and one crude petroleum and natural gas 1 lithium-cesium-rubidium industries. The minerals industry operation; (excluding bitumen) accounted for • Newfoundland-Labrador’s two $42.0 billion, or 3.9%, of Canada’s iron ore mines, one nickel mine GDP in 2005. Measured at basic and one copper-zinc; prices in 1997 dollars, this was the • Nunavut’s one diamond mine; same contribution to GDP as in • Ontario’s nine gold producers, 2004. Mining contributed 23.7% to one zinc-copper, one nickel- the industry’s GDP, primary metal copper, one nickel, and one manufacturing, 29.2%, non-metal- platinum group; lic mineral manufacturing, 13.4%, • Québec’s ten gold mines, one and fabricated metals, the remain- zinc mine, one iron, one iron- ing 33.7%. 34 In other words, mining titanium, two zinc copper-gold, itself contributed less than 1% of one cobalt-copper-nickel, and GDP in 2005. one copper-gold; • Saskatchewan’s three uranium The total value of all mineral com- mines and one gold operation; modities mined in Canada, includ- • Yukon’s one zinc-lead-silver ing metals, non-metals and coal, operation; was $24.3 billion in 2004, $26.4 bil- • North West Territories’ one lion in 2005, and $33.6 billion in tungsten operation and two 200635. The increase was due to ris- diamond mine. ing commodity prices; for several commodities production actually 1.5 An Economic Snapshot decreased while “value” increased.

There is not a lot of reliable data In 2006, Canada’s mineral industry available to assess the socio- (excluding crude petroleum, natu- economic role of mining in the ral gas and bitumen) accounted for Boreal. Most data aggregate quar- $39.9 billion, or 3.7%, of Canada’s ries, oil and gas and mining, or GDP, a slight drop from the previ- mineral fuels and mining. Some ous year. Mining contributed 24.5%, data include Stages I-V in mineral primary metal manufacturing

4 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest 30.0%, non-metallic mineral man- the primary metals sector ranked for molybdenum, 8 years for gold, 7 ufacturing 12.9%, and fabricated number one for total releases per years for zinc, 6 years for silver, and metals the remaining 32.6%.36 job with an astonishing 19,253 kilo- 4 years for lead.41 grams of contaminants and toxics In 2005, exploration was a major released per job in that year alone. In a study published on January economic activity with 736 project The level of toxic releases per job 17, 2006 in the Proceedings of the operators prospecting at 2300 prop- was more than four times higher National Academy of Sciences, Yale erties in Canada, with total expen- than the second ranking sector, and University researchers said that ditures of $1.3 billion, doubled more than eight times higher than their fi ndings had determined that since 2000. The largest increase was the chemical and chemical prod- supplies of copper, zinc and other in uranium and diamond explo- ucts sector.39 It should be noted that metals cannot meet the needs of ration in Saskatchewan and cop- mining companies are not required the global population forever, even per and gold in British Columbia. to report contaminants trans- with the full extraction of metals Ontario continues to be the lead ferred to tailings ponds and waste from the Earth’s crust and exten- jurisdiction for exploration spend- rock dumps to the NPRI, so these sive recycling programs, and that ing overall, with $341 million spent fi gures for pollution are greatly depletion will be an immediate in 2006, ahead of British Columbia underestimated. problem for some precious metals at $219 million and Québec at $205 like platinum.42 million. A landmark study called Counting Canada’s Natural Capital: Assessing Counting Canada’s Natural Capital According to data compiled by the Real Value of Canada’s did, however, draw a number of Statistics Canada, employment Ecosystems40 was undertaken in startling conclusions: in the Canadian mining industry 2006 to assess the economic impor- stood at an estimated 50,734 in tance of the Boreal to Canadians. • The market value of mining and 2006, showing an increase over pre- The study not only measured its oil and gas activity in the Boreal vious years but still hovering at the benefi ts to the general economy is estimated at $14.5 billion, half-way mark from its high in the but assessed the integrity and value while the industry is estimated early 1980s. of the ecosystem, using “natural to have received more than $1 capital accounting”. Natural capi- billion in federal government Gains in employment were tal accounting looks at the physi- subsidies. recorded for all three sectors of the cal and qualitative conditions of • The estimated cost to human mining industry metal, non-metal the services provided by nature to health from pollution from and coal mining from 2005 to 2006, humans and att empts to quantify these activities (mining, oil and with employment in metal mining these services in dollar values. The gas) is estimated at $9.9 billion. increasing by 5.2% to 22,109, non- study had a number of limitations • The total non-market value of metal mining by 9.1% to 23,166, and because of the unavailability of Boreal ecosystem services is employment in coal rising by 6.0% data. For example, the study had to estimated at $93.2 billion, at to 5,458. When the primary metal, aggregate mining with oil and gas least 2.5 times greater than the non-metallic mineral and metal extraction for most of its fi gures. net market values of forestry, fabricating industries are included, Also, mining pollution costs are mining, oil and gas and hydro- employment in 2006 totalled an not included: “Further analysis is electricity combined. estimated 370,000, up from 357,000 needed to compile comprehensive in 2005.37 data for mining sector pollution Biodiversity costs, and therefore no cost esti- Large scale resource development However, the number of per- mates have been included in this activities such as commercial log- son-hours paid per tonne mined study.” ging, mining and hydroelectric dropped by one-third between 1995 generation pose the single greatest and 2004.38 It also did not include data on human threat to biodiversity in the depletion of mineral reserves. the North American Boreal forest 1.6 Mining and Natural Capital The Canadian Minerals Yearbook ecosystem.43 states: The apparent life indices Of the ten largest employment sec- for the major metals in Canada at Recent decades have seen rapid tors who reported to the National the end of 2005 were 17 years for development in the Boreal, as Pollutants Release Inventory in 2002, nickel, 10 years for copper, 8 years resources have become depleted

1.0 Mining the Boreal 5 elsewhere and transportation in three infl uences, which together the region has improved.44 But have a synergistic eff ect on ecosys- that development has been poorly tem degradation.51 planned and poorly controlled. Only 2.66% of the ecosystem is The global climate is changing as strictly protected from all forms we are releasing large amounts of large scale industrial activities, of greenhouse gases such as car-

and 30% of the Boreal forest is now bon dioxide (CO2) into our atmo-

within a kilometre of a road or sphere. As a gas, CO2 contributes to access route.45 higher global temperatures (climate change) that could have a profound The negative impacts of resource impact on human health, water sys- development, such as fragmenta- tems, wildlife habitats and vegeta- tion and habitat loss, are magnifi ed tion. The reduction of the boreal’s by global infl uences such as climate carbon storage capabilities, due to change, acid rain, and industrial land conversion and forest clear- pollution. ing, intensifi es the rate of climate change. The impact of atmospheric Most soils in the Boreal are highly changes is diffi cult to predict, but sensitive to acid precipitation, has been recognized as a threat to being relatively thin and also highly Canadian biodiversity over the acidic and low in nutrients and medium and long term52. oxygen. Acid rain has already had a signifi cant eff ect on these soils Canada’s Boreal forest stores an where base ions have been partially estimated 150-190 billion tonnes of 46 53 leached away. Since base ions in carbon (CO2) – almost ten times soils neutralize acid deposition, in the total annual global carbon emis- soils where their levels are low, acid sions from fossil fuels.54 Canadian precipitation is having more eff ect Boreal trees store an amount of than it did previously.47 Particularly carbon (30 billion tonnes) that is in the Canadian Shield region, soils roughly 40 times Canada’s total are acidic enough to stunt forest annual fossil fuel emissions.55 Soils growth by up to 10%.48 and peat lands also serve a critical carbon storage role. However, if Direct causes of impacts to Boreal the climate continues to warm and waters include industrial contami- thaw the permafrost below the peat nation, alteration of fl ow patt erns, lands then the necessary surface invasive species, and discharge of water would drain away and allow eutrophying nutrients and persis- peat land decomposition thereby tent contaminants.49 Improper man- releasing carbon into the atmo- agement also causes degradation of sphere. It is expected that climate Boreal waters. Clear-cut logging, warming will degrade the Boreal climate warming, acid precipita- forest faster than any other ecosys- tion and stratospheric ozone deple- tem in Canada.56 tion are among the more important indirect stressors.50 According to Environment Canada: “We will see a shrinking of the Boreal Climate Change forest due mainly to the fact that it Human alterations to the atmo- cannot move northward without sphere are causing climatic warm- running out of soil or running into ing, acid precipitation and increas- water.”57 Since 1970, records reveal ing UV radiation resulting from an upward trend in forest fi re activ- ozone depletion. The Boreal region ity.58 Insect and disease outbreaks is among the most sensitive to all have also increased in area and

6 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest duration in the past 30 years due 5.5%. In 2004, gold, base metal, iron to fi re control, harvesting, forest ore and diamond mines had a com- fragmentation, pollution, invasive bined output of 6,684,300 tonnes species and climate change. First of CO2, which was approximately Nations, as well as other indig- 9% of the Canadian total from all enous communities, are the fi rst to sources. 61 experience the devastating impacts of climate change, including fl ood- Mines in Canada are particularly ing and other emergency situations, vulnerable to the eff ects of climate loss of reliable travel routes, poor change. Many mine facilities have hunting, fi shing and gathering, loss been designed to rely on water of land, threats to food security, cover to reduce acid generation increased risk of respiratory illness in their tailing or waste rock area. and infectious disease. Others, such as the Raglan Mine, have designed their waste rock and The mining sector is both a sig- tailings to remain frozen in perma- nifi cant contributor to and a direct frost to reduce acid generation and recipient of the phenomena of a for overall stability. Rising temper- warming climate. Climate change atures and reductions in the water may also present several challenges budget will adversely aff ect both to the mining industry such as tail- of these approaches. Moreover, ing treatments that rely on encap- although mines across Canada have sulating and freezing tailings to been designed to handle extreme prevent acid leaching, a shortened weather events, facilities will have winter road season, greenhouse to be re-evaluated for their ability gas emissions, and depleted water to handle future conditions as those resources. extreme events become more com- mon and more severe.62 There is no complete set of data for greenhouse gas emissions from the mineral sector, and the estimate that 3% of the greenhouse gas emissions in Canada are from the mining sec- tor is associated with a relatively low degree of certainty.59

Greenhouse gas emissions from mine development and operations come primarily from the opera- tion of heavy vehicles, from on- site generators, and from shipment of concentrates and ores off -site. However, more signifi cant sources of greenhouse gas emissions are smelting and refi ning processes, and the very high energy demanded by those processes. 60

Between 1990 and 2001, coinciding with a slump in the mineral sector, the industry managed to decrease its energy consumption by 22% and improved its energy intensity (energy per unit of metal milled) by © Garth Lenz 1.0 Mining the Boreal 7 2.0 The Mining Sequence milling, refi ning and further pro- cessing of the ores. Most mines will 2.1 An Overview of the Mining have an on-site mill, but few have Sequence on-site smelters, and frequently there is cooperation among pro- Dubbed by both industry and regu- ducers, with one smelter servicing lators as the mining “sequence,” a more than one mine. For example, chain of events is set off when the Vale-Inco’s (formerly CVRD-Inco) fi rst stake is driven in the ground operation in Thompson has phased to claim a piece of wilderness as out some of its products at the a mineral prospect. The sequence Manitoba Division, and is now ship- supposedly continues through ping copper in concentrates from mine development and operation Thompson to Vale-Inco’s Ontario and metal refi ning, until industry Division in Sudbury. casts their last backward glance at an exhausted mine and the opera- The following sections provide a tor moves on to other ventures. In description of each stage, including the 150 year history of mining in the activities generally assigned to Canada, there are few if any exam- that stage and the related impacts. ples of a major mining operation More discussion of major areas of which has been fully closed out. impact, such as acid mine drainage or air emissions, occurs in Section Mining has stages in its develop- 4, which discusses environmen- ment, operation and closure: the tal concerns. Additional issues initial prospecting and staking of are described in Section 5, which the mineral claim; the exploration describes the role of government and evaluation of the claim for its and regulation, and in Section 7, mineral potential; the development which organizes the discussion by and operation of the mine; the mill- province and territory. ing and refi ning of the ore into the sought-aft er metals; and the closing 2.2 Prospecting out of the mine and, in most cases, the perpetual care of that site. Frequently, prospecting and explo- ration are clustered or discussed The stages may not always be together, as if they are one stage sequential. For example, some in the mining sequence. There are initial evaluation of mineral poten- however, disadvantages to doing “Mining was very different when tial may take place at the time the so. There can be distinctly diff erent free entry laws were established. claim is staked, and the exploration impacts in the diff erent stages, and Mines were smaller, less activities can extend to the actual diff erent rules apply. Neither pros- intrusive, and left much less of production of ore. At the closing pecting nor mineral exploration an ecological footprint. Modern end of the mining sequence, mine are activities which are conducted day hard rock mining is a large operators frequently blur the line without environmental harm. scale, mechanized, industrial between a suspended mine, i.e. one activity that has signifi cant which still has commercially viable Anyone with a prospecting licence environmental impacts…These ore reserves but which has tempo- can enter on property to look for laws were passed at a time when rarily suspended operations, and minerals, even before a claim is the scope and scale of hard rock a closed mine. Some closed-out or staked. Prospecting is about fi nding mining that exist today would not abandoned mine sites are redevel- and staking out a mineral “pros- even have been contemplated. oped, taking them back to the start- pect,” or an area which may host a Incremental changes have ing point in the mine sequence. mineral deposit or ore body of such modernized the law of free entry, quality and quantity as to make but the underlying philosophy of There is also a great deal of varia- the mining of that ore a profi table free entry has remained intact.”63 tion among mines in terms of the venture. 8 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Generally, prospecting begins with • Mining is the highest and best such as Aboriginal communities or some review of information already use of Crown lands. surface rights holders. known about an area, such as geo- • All Crown lands are open for logical reports, past exploration staking and mineral explora- Staking is not allowed on reserve reports, maps, or other information tion unless they are expressly lands without the permission of which might provide some “clue” excluded or withdrawn by the First Nation, although stak- as to the mineralogy. The geologi- statute. ing can take place on Crown lands cal maps developed by federal and • Mining prevails over Aboriginal that are of traditional Aboriginal provincial governments are essen- land rights. use and interest. The Haida/Taku tial to this endeavour. • Mineral tenures are appropri- Supreme Court decision makes it ately granted on a “fi rst come/ clear that the Crown has an obliga- Individuals and companies gain the fi rst served” basis. tion to meaningfully consult with exclusive right to search for miner- • Mineral potential is so valu- First Nations on these lands before als on an exploration property, and able that it warrants leaving the it makes decisions about resource to develop any discoveries, by stak- staked area essentially unregu- allocations. (These matt ers are dis- ing a claim. In most cases physical lated and potentially unusable cussed further in Section 6). staking of a property takes place on for other resource interests.66 the ground, known as “claim stak- While the mechanics vary slightly ing.” Several provinces now allow The system was developed in from one jurisdiction to the next, “map staking” or “internet staking” Europe in the 1500s, largely to serve the way the free entry system oper- in some or all regions. Map staking the fi nancial needs of warring noble ates is a three step process: allows a company or individual to clans, where kings had an interest place a mineral claim on an area in keeping the coff ers full in order 1) The prospector or “free miner” and so establish a form of tenure to pay the military tab.67 In Canada, as they are sometimes called, must over that area, simply by identify- the free entry system fi rst appeared obtain a prospecting license. These ing the area on a map and paying a in the west, during the frontier days are available, generally, to anyone small fee.64 of the early gold rushes and it was over 18 years of age for a small fee, fi rst writt en into the Goldfi elds Act of usually around $25. The licence Free Entry BC in 1859. The frontier mentality of then gives the individual the right The mineral industry in Canada the free entry system then traveled to prospect for minerals on any enjoys almost unrestricted land east, where its mark is still clearly lands in the province or territory in access. Exploration across the seen in the mining legislation of the which the licence has been granted, boreal forest takes place under a Yukon Territory and the Northwest subject to a few exceptions (private “free entry” tenure system, except Territories, Saskatchewan and lands where the mineral rights have in Alberta, where a discretionary Manitoba. The free entry system not been reserved to the crown, mineral tenure system is in place.65 was adopted by Ontario, based on a few excepted land uses such as the example of British Columbia. cemeteries or occupied houses, or In most jurisdictions, surface and Ontario’s mining rules then infl u- – in most jurisdictions – parks and sub-surface rights are severed from enced the laws of fi rst Québec protected areas or areas withdrawn each other, with subsurface rights and then, later, the regimes devel- by a minister’s order. held by the Crown even when the oped in New Brunswick and surface rights are privately held, Newfoundland. 2) Upon entry, the prospector can and occupied as residences, farms stake a mineral claim. or recreational properties. Under The system persists to this day, a “free entry” regime, prospectors giving priority to mineral develop- 3) Aft er having staked a mineral are permitt ed to explore and claim ment over other land uses and other claim, the prospector has exclusive sub-surface rights to minerals with- social, environmental or cultural right to exploit the minerals beneath out consulting other resource users values. Under the system, miners the surface of the claim area, but in or surface rights holders. have a pervasive right of entry and exchange must meet requirements access on lands that may contain to conduct a certain level of mineral The free entry system is based upon minerals, and a right to locate and exploration – measured by expen- the following premises: register a claim without consult- diture per hectare or per claim – • Mining prevails over private ing the Crown, other land users, or within a set time frame. property interests. others with an interest in the land, 2.0 The Mining Sequence 9 Consequences of the Free Entry of the resource unless and until System a mine is developed. By contrast, The consequences of the free the oil and gas process guarantees entry system are both social and that licenses will be granted and environmental. royalties collected in a timely way. For example, the BC Petroleum and Environmental impacts include all Natural Gas Act establishes clear of those associated with prospect- provisions whereby provincial oil ing and exploration, discussed else- and gas rights are to be publicly where in this section, but the free auctioned, for a fee, and royalties entry system provides such encour- are charged to tenure holders.69 agement to mineral exploration that these impacts are both multiplied By giving pre-eminence to mining and more widespread as a result of interests, the free entry system the system. limits the land from being allocated for other uses. This is exacerbated The system’s granting undiscrimi- by policies that potentially “steril- nating access for mineral explora- ize” land for other uses if it has “sig- tion means that sensitive features nifi cant mineral potential,” such as and natural values are completely Ontario’s Mineral Development unprotected during these early Policy.70 stages of the mining sequence. Operating under an antiquated All players are welcome. Past per- system which favours one particular formance and a track record of envi- land use over all others inevitably ronmentally damaging practices on leads to confl icts. In today’s society, the part of any particular operator the public expects to be consulted are not factors in the free entry on a broad range of policy and system. As a result, mine operators environmental matt ers, and gov- that have left a trail of destruction ernments have sworn allegiances to in their wake, like Peggy Witt e of the mantra of “sustainable develop- Royal Oak Mines, or Cliff Frame ment.” First Nations, land owners of the Westray disaster, are treated and the public at large are showing like other prospectors when they an increasing unwillingness to sac- stake claims. rifi ce environmental and commu- nity values for the sake of mineral The free entry system creates an exploration and exploitation. expectation on the part of the industry and a practice on the part With prices for gold, copper, ura- of government that all mining per- nium and just about every metal hit- mits will be granted. The instances ting record highs, prospectors have of mine permits being refused are been claiming millions of hectares. few and far between. The govern- Many landowners are fi nding that ment has no discretion to choose when prospectors want to look for amongst applicants in order to minerals on their property there is reduce the impact on the land. 68 litt le they can do to stop them.71

From a resource revenue Recently confl icts have erupted perspective, the free entry system across the country, within the defers the possibility of government Boreal forest region and elsewhere. royalty collection to the time of pro- Confl icts between miners and duction, and prevents governments ranchers, cott agers and others in from collecting royalties and rents rural Canada are becoming more associated with the development common, as companies look to cash

10 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest in on the recent commodity boom gained profi le and att racted con- First Nation (KI), a First Nation of and fl ex their free entry muscle. troversy in Ontario in recent years. more than 1,500 members on Big There have been a number of con- Trout Lake about 600 kilometres While some of the recent confl icts fl icts as a result of mining compa- north of Thunder Bay, announced and confrontations have been out- nies staking on rural residential a development moratorium on side the Boreal region, the implica- lands in Ontario. At one point in its treaty lands in 2001. The com- tions for the Boreal forest are clear: 2002, there were 36 disputes before munity was reacting to a mineral if the absolute “right to mine” the Provincial Mining Recorder exploration rush across the region entrenched in the free entry system from the Bedford-Perth municipal- and plans to push clear-cut logging can be eff ectively challenged, any ity alone. At another point, a group into the northern half of Ontario’s resulting changes to the system will in Ontario managed to have 47 of Boreal forest. be of benefi t system-wide. 61 mining claims cancelled on pri- vate property through pressure on In response, Platinex launched a The stakes can be high. In 2003, a the provincial Ministry of Northern $10 billion lawsuit against the First company that mines clay (diatoma- Development and Mines.72 Nation and sought an injunction ceous soil) for kitt y litt er entered to keep protestors away from its Kamloops property belonging to North and south, confrontations operations aft er demonstrations by the Bepples family to begin mining. and court actions have been the KI residents in February forced a The Bepples lost their lawsuit, their response of First Nations and other stop to exploratory drilling. Judge land, and their peace of mind, and local residents as mining interests Smith ruled that granting Platinex they gained a view of a kitt y litt er move in. the injunction would “send a mes- plant. In 2004, a court reduced the sage to other resource development amount of compensation they were In northwestern Ontario, in July companies that they can simply paid. Others have lost their privacy, 2006, Ontario Superior Court ignore aboriginal concerns.” Citing their use and enjoyment of their Judge Patrick Smith suspended the recent Supreme Court of Canada own land, and any sense that they mining operations of Platinex Inc. rulings that First Nations must are equal before the law when they and castigated the provincial gov- be consulted on development of fi nd themselves in confl ict with ernment for ignoring the rights of lands covered by treaties, Smith mineral development interests. First Nation community. said negotiated sett lements “must occur before any activity begins The free entry system has also Kitchenuhmaykoosib Inninuwug and not aft erwards or at a stage

One angry landowner in BC is taking action

Rob Westie and his family had built their dream home on their dream property, nestled on the side of Bluenose Mountain just north of Vernon in the British Columbia interior. But in January 2006 life changed abruptly when an eccentric neighbour staked the mineral rights and developed an irregular habit of lurking about the family home. Initial complaints to police were met with inaction; local police said there was nothing they could do because the neighbour had secured the mineral rights to Westie’s land and much of the surrounding area. Under Canada’s “free entry” mining system, prospectors and mining companies have the right to enter both public and private property to explore and develop their mineral claims. That means they can legally cut down trees, dig trenches, drill holes and even use heavy machinery to take away thousands of tonnes of rock samples, all without the permission of a landowner.

Westie has since assembled a group of angry landowners and neighbours – including a teacher, farmer, developer, sawmill manager and retired cowboy - and started a grassroots rebellion. His B.C. Landowners Rights Group has drafted a letter explaining the lack of landowners’ rights and the goals of the organization. The members are preparing to draft a faux-amendment, to be voted on at their website, and they’re sending their message far and wide.

But BCLOR’s backcountry revolt may have a broader base than fi rst meets the eye – the number of landowners whose rights have been threatened or obliterated has exploded in recent years, and environmental activists and environmental law groups have taken note.73 (Summarized from story printed by The Tyee, June 14, 2006) 2.0 The Mining Sequence 11 where it is rendered meaningless.” land before the land claims are sett led.74 A subsequent court decision in 2007 (discussed in more detail in Section Att empts to reform the Free entry 6 of this report) provided more system direction to the company, requir- In the early 1970s the government of ing them to fund consultations British Columbia removed the right with the First Nation to develop a of the free miner to enter lands to Memorandum of Understanding mine, and the automatic right of the on how exploration activities might claimholder to obtain a lease and to proceed. mine, though it retained the right of the free miner to explore and

© Garth Lenz In an opposite corner of the province, develop minerals. It also installed a two Algonquin First Nations com- requirement for a production plan munities have launched a $1-billion to be approved by a Minister as lawsuit against the province and a being the best possible method of $10-million countersuit against a producing minerals, and to consider mining exploration company that environmental, social and economic is suing them for blocking access to issues. These changes were “greatly a potential uranium mining site in disliked by the mining industry,” south-eastern Ontario. and were rescinded two years later with a change of government from The Ardoch and Shabot Obaadjiwan NDP to Social Credit.75 First Nations allege that Ontario breached their aboriginal rights While reform was a matt er of cen- and failed to consult them before tral concern and of much debate granting a company mining rights during the development of the on their traditional lands about Whitehorse Mining Accord of 1995, 90 kilometres north of Kingston no agreement on actual reform was near Sharbot Lake. The counter- forthcoming.76 suit against Frontenac Ventures is intended to send a message to the In 1997, the Canadian Arctic company that launched its own Resources Committ ee petitioned $77-million lawsuit against the two the Auditor General of Canada to communities in July 2007. provide leadership in reforming the free entry system. CARC wrote: Frontenac Ventures has won a The substance of our petition contempt of court motion against is that the system of disposing Ardoch and Shabot Obaadjiwan of Crown mineral rights in the protesters disobeying an injunction Northwest Territories (N.W.T.) that ordered them off a site near is entirely inconsistent with the Sharbot Lake. Protesters had occu- defi nition of sustainable devel- pied the potential mining site from opment contained in the Auditor June to October 2007. General Act. Furthermore, it is our contention that there is no The land in dispute is mainly evidence that the Department “Crown” land that is the subject of of Indian Aff airs and Northern ongoing land claim talks between Development (DIAND) is making the Algonquins and the federal any progress towards adapting and provincial governments. The the current regime so that it is Algonquins say uranium mining consistent with the principles of could cause environmental damage sustainable development… to the land and the company should not have been granted rights to the A free-entry system makes it

12 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest impossible to take into account Again, the government has the dis- rest any notion that prospecting is a considerations of ecosystem cretion to decide whether and on benign presence. health in the absence of an what terms it will issue the lease.78 adequate planning mechanism Ground Staking is used exclusively designed to ensure that lands Staking to acquire claims in New Brunswick, valued for reasons of ecosystem Staking a mineral claim is done by Ontario, Yukon, Northwest health are withdrawn from dis- two principal means: claim staking Territories and Nunuvat and in the position or staking. This is not or ground staking, which happens unsurveyed parts of Manitoba and the case in N.W.T. where min- in real time on real land, and map Saskatchewan. Map Staking is used eral staking precedes ecological staking, which happens on paper exclusively in Nova Scotia and planning.77 or on-line. Both result in a form of Alberta, and in the surveyed parts mineral tenure, and both are part of of the province in Manitoba and The response provided by the the free entry system. Saskatchewan. Ontario has pro- Department of Indian and Northern posed to move to map staking in the Aff airs was telling. It read, in part: Staking a claim on the ground gen- surveyed part for the province to The licensed staking of mineral erally involves cutt ing sight lines address issues related to confl icting claims is among the least intru- through the bush, blazing trees to surface rights. On-line Map Staking sive of all mining activities and mark the claim boundaries, and is used exclusively in Québec (2000), causes relatively litt le distur- driving a claim post – properly British Columbia (January 2005), bance to the land. The eff ects of identifi ed, usually with a prospect- Newfoundland (February 2005), this activity are not very diff erent ing tag – into each corner of the has been announced in Manitoba from those of many unlicenced claim. (October 2005), and is under con- uses of Crown land such as hunt- sideration in the Yukon, Northwest ing, fi shing, hiking and eco-sys- Prospecting can also include Territories, Nunuvat, Ontario and tem assessment. ground-work, such as stripping or Saskatchewan.80 trenching to remove the overbur- In August 2007, Ontario’s Ministry den (soils and subsoils, with associ- Map staking is a paper-based of Northern Development and ated vegetation) and so expose the system, with claim boundar- Mines has put forward a proposal mineral bearing rocks below, and ies referenced by the land survey to require notice that staking has can involve initial drilling to obtain system (legal subdivision, section, taken place be provided to surface samples from depth. Frequently, township, range, Meridian) rather rights holders, and that the consent geochemical and/or geophysical than by ground staking. On-line of the surface rights holder would surveys are done in advance of map staking refers to an internet- have to be sought prior to explora- staking the claim, and maps and based, applicant driven method tion work. The proposed changes geological reports will have been of acquiring mineral dispositions. were posted for a 60 day public reviewed, in order to identify areas Dispositions are acquired by select- comment period in August 2007. of mineral interest. ing available areas/cells on a seam- less digital GIS map, and electronic Alternatives to the free entry system The impacts include adverse eff ects payment of fees.82 do exist. In the provinces of Alberta, on wildlife and wildlife movement, Nova Scotia and Prince Edward increased access and access cor- While from an environmental per- Island someone wishing to do min- ridors, garbage, fuel spills, forest spective, there may be benefi ts to a eral exploration must fi rst apply clearing, disruption of the forest system that means less traffi c in the for and obtain an exploration or fl oor and breaking of forest cover, bush and fewer disturbances from land use permit. The owner of the use and spill of drilling fl uids, etc. activities such as blazing boundary mineral resource, i.e. the govern- Noise from helicopter fl y-overs have lines, map staking brings contro- ment, has the discretion to decide been known to disrupt geese, cari- versies of its own. whether and on what terms it will bou, mountain sheep and goats. issue the permit. If a permit holder From industry, government and later wishes to develop a mineral The impacts are spread over a public perspectives there are both deposit on the lands for which they vast area because prospecting sur- advantages and disadvantages to hold an exploration permit, the veys large tracts of land to identify the map-staking system in general, permit holder must apply for and potential mineral deposits.79 The and an on-line map staking system obtain a mining or mineral lease. sheer volume of the activity lays to in particular. What constitutes an

2.0 The Mining Sequence 13 advantage or a disadvantage varies companies to control large area by sector and perspective. of Crown mineral rights rather On January 12, 2005 the Province than having a number of com- of British Columbia replaced its In a 2005 discussion paper on peting companies carrying out traditional claim staking method On-Line Map Staking prepared by separate exploration programs with an Internet system. No the Saskatchewan Department of on the same lands. longer did free miners need Industry and Resources, advantages • Speculation. On-line map- to drive actual stakes into the and disadvantages from a govern- staking facilitates speculation ground to mark their claims. Nor ment perspective were outlined as as there are no up-front staking did they have to walk into one of follows: costs. Financial risk is limited to the two provincial Mineral Titles the recording fees. While large offi ces to register. Since January, Advantages areas of Crown minerals may be all a registered free miner needs • Greater accessibility and effi - applied for, this may not trans- to do is to log in at Mineral Titles ciency; more effi cient on-line late into increased exploration. Online and stake a claim with the mineral tenure administration; • No physical demarcation of click of a mouse, even if he was • Reduced overall cost to acquire disposition boundaries. Field in Hong Kong. mineral dispositions; exploration programs benefi t • Secure mineral disposition title; from the demarcation of prop- Pan Pacifi c Aggregates is a map staking is subject to fewer erty boundaries. The lack of small company with no track disputes; boundaries on the ground may record in mining or aggregate • Reduced confl icts among sur- cause confl ict between adja- development. But in the course of face users, as surface access cent, competing companies, a few hours, Pan Pacifi c captured would not be required to acquire for example during exploration a 19,320-hectare mining claim mineral dispositions; work. which envelops nearly all of • Competition: a number of juris- • Cost to government. The con- the southern half of the Sechelt dictions have converted to map version to an on-line map peninsula, including Premier staking processes so it is more tenure system is estimated to Gordon Campbell’s summer accessible and less expensive to cost between $1-2 million. home overlooking the currently acquire mineral dispositions in • To participate in an on-line map still scenic Halfmoon Bay. The those jurisdictions. staking and mineral tenure pro- fl edgling company staked 51 cess, clients require access to the claims on the day the Mineral Disadvantages internet, as well as electronic Titles Online system opened for • Loss of jobs and economic ben- commerce. Clients with access business. By the time darkness efi ts to local areas. Ground stak- to high speed computers, and fell that January evening, the ing off ers short-term, seasonal, areas with high speed internet Vancouver-based fi rm had well-paying jobs for many access will have a competitive staked the subsurface rights to residents of rural and northern advantage. As online payments a swath of the Sunshine Coast regions. are typically limited to credit that reaches from West Sechelt • Eliminating ground staking cards, clients must have access to Pender harbour. potentially decreases the skilled to this form of fi nance. workforce available to carry out During its fi rst week of operation, the continuum of exploration There is a diversity of views on this Mineral Titles Online received work, as claim staking crews within both the mining industry 2.56 million hits, and a total of are also line cutt ing crews. and the environmental community. 3,110 claims were acquired. • Monopolistic acquisition. Map Within the environmental com- By March 31, some 2.2 million staking allows for the acquisi- munity, there is defi nite consen- hectares of land had been staked tion of large tracts of land very sus on the adverse eff ects of the online. By comparison, only 1.1 quickly compared to ground free entry system in general and million hectares were staked in staking. This could result in large the impacts of ground staking as all of 2004 formerly regarded as areas of land being unexplored part of that regime, but some dif- a boom year.81 but held by the transfer of work ferences of opinion on whether the (The Tyee, April 19, 2005) from smaller areas of focussed advantage of reducing the environ- exploration. There is also the mental impacts of physically staking potential for well-fi nanced a claim and blazing lines outweighs

14 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest the disadvantage of making mining sediment samples, grab samples, Another sample done early in claims that much easier to obtain, bulk samples and drilling. Many of the exploration stage is a “grab” and in the absence of any and all the impacts in the exploration stage sample. A “grab” sample should knowledge of the land upon which relate to the sampling that must be mean a composite sample made the claim is being made. Other done to determine if the property up of random pieces of small rock concerns relate to the potential for has an economically viable mineral samples which are roughly repre- monopolies, increased volume of deposit. sentative of all the material present. staking, and loss of benefi ts to local However “grab” samples are oft en communities. Some hold the view Early Exploration a more carefully selected sample that the physical mark of the min- The earliest exploration activities of the richest mineralization avail- eral claim is a necessary warning will probably involve helicopter able. These samples are sent off to to other land users, including First surveys, to look for visible miner- an assay lab for evaluation.87 Nations and surface rights hold- alization and magnetic fi elds. If the ers, that a mineral interest is being company is looking for uranium, Trenching, power washing and/ pursued. they will also check for radiation.85 or more broadly-targeted strip- ping remove the soil and vegeta- Among the miners, the diff erence tion down to bedrock. Even if the tends to relate to the size of their “Often the prospector will be trenching is done carefully – using company, with the larger compa- attracted by a rusty rock sur- a backhoe to remove the topsoil and nies and operators favouring map- face due to oxidation of sulphide then the deeper materials and then staking and the smaller interests minerals.” (Mineral Exploration refi lling the trench using the same – in particular the individual pros- Primer, Association for Mineral materials, replacing them in reverse pectors – opposing map-staking Exploration British Columbia) order – there is serious environ- because of potential loss of liveli- mental disruption. Excavated mate- hood and economic benefi ts for rial expands as much as 20 percent local communities. Exploring a mineral mining claim or more, which means the materials oft en includes soil sampling. A can not all be returned to the same Aft er years of debate, in 2007 series of holes are dug at specifi ed trench.88 Needless to say, all of the the Prospectors and Developers intervals to collect soil samples vegetative cover has been lost, and Association of Canada agreed that from identifi ed soil horizons. the soil structure will have been the association should develop and changed. advocate for a map staking policy Soil develops over very long peri- in Canada on a “fi rst come basis” ods of time, in what would com- which protects the confi dential- monly be described as layers or ity, mineral title and tenure of the more technically as “horizons.” Just Exploration Sequence claimant83 below the leaf mould is a rich black soil horizon which is termed the ‘A’ The area of new mineral claims horizon. It is rich in nutrients and Mapping staked or recorded in Canada in hosts the plant rootlets. At the base 1999 was 5,189,069, hectares (ha) of this rich black soil there is usu- with expenditures totalling an esti- ally a leached zone, gray to white in mated $395 million.84 colour, called ‘A2’ horizon, and then Surveys a tan to rich brown coloured hori- 2.3 Exploration zon called the ‘B’ horizon. The “B” horizon tends to concentrate metal- Initial Samples Following staking, further min- lic ions which have been brought eral exploration is undertaken. up by ground water from below First steps may overlap with work and leached down from the ‘A’ Stripping & Trenching done during prospecting and horizon, and is the preferred hori- prior to staking a mineral claim zon for soil sampling. A soil sam- – geological mapping, geophysi- pling survey may entail collection Drilling cal surveys, geochemical sampling of hundreds, or even thousands, of – followed by physical sampling. soil samples.86 Physical sampling includes soil and Bulk Sampling

2.0 The Mining Sequence 15 While the territorial governments Reclamation costs following strip- have improved the regulation of ping and trenching can vary signifi - mineral exploration in recent years cantly, depending on the site and and oft en require environmental the level of disturbance. Generally, assessments and public consulta- costs will range from less $1,000 per tion prior to advanced exploration, acre ($2,400/hectare) to more than most provinces have few or no reg- $30,000 per acre ($72,000/hectare).92 ulatory requirements to rehabilitate these impacts in the early stages Drilling of exploration. However, some In a typical chain of exploration provinces and all the territories do activities, drilling comes next. include at least general direction in their regulations related to mineral Drills with diamond bits bore deep exploration. For example: into earth, oft en going thousands of metres through solid rock, in order • Saskatchewan requires that to produce sample rock cores which prior to any mineral exploration are then assayed or assessed for the that involves drilling, trench- presence of valuable minerals. If ing or hydraulic removal of initial drill samples look promis- overburden the operator must ing, a series of drills will be done, provide an outline of the explo- oft en in a grid like fashion, and the ration program. Further details results will be analysed as part of may be required.89 mapping out the ore body. • Newfoundland-Labrador requires a security deposit. Drilling is done using two main • The Yukon requires a permit for methods: percussion drills which “Stage 2 and 3” exploration. break up the rock as the hole is • In Alberta, no permit is required drilled producing rock chips like unless the surface will be dis- coarse sand which are fl ushed to turbed, and then an exploration the surface by circulating fl uids or permit (which costs $50-$100) is by compressed air; and core drill- needed. ing methods which recover more or • In Newfoundland and Labrador, less continuous rock core from the an exploration company which drill hole by grinding, or cutt ing, an intends to do diamond drill- annular ring of rock from around ing, trenching, heavy mineral the central core and recovering the studies or airborne geophysical core by a system of retaining core surveys, or which will make barrels or tubes. Percussion drill- extensive use of off -road vehi- ing uses steel rock bits and uses cles or establish a camp, must compressed air or water to force provide an exploration plan. the drill cutt ings to surface, where a Work cannot commence until representative sample is collected. the plan has been reviewed by Core drilling uses a hollow drill the department and an explora- bit set with small diamonds, and tion approval issued.90 drilling fl uids are forced down the inner side of the drill rods. A drill In Ontario, however, an exploration core – a slender column of rock – is project can surface strip up to 10,000 produced in approximately ten foot square metres, or 10,000 cubic lengths.93 metres without a permit as long as the stripped areas are separated by Costs vary greatly, but can be aver- at least 500 metres from each other aged around $30 per metre for per- and are at least 100 metres from the cussion drilling and $60 per metre nearest water body.91 for diamond drilling, plus the costs

16 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest of gett ing the equipment in and out, be done from surface, or through for predicting and managing acid camp costs, and other supports.94 sinking of an exploratory under- mine drainage and metal leaching ground shaft . Bulk sampling usu- must be provided.100 Only sampling There are numerous environmental ally involves the removal of large which results in the extraction of concerns related to drilling during volumes of ore. an amount equal to or greater than mineral exploration. Some common 10,000 tonnes of mineralized rock concerns are related to spills or Bulk samples range from one tonne must comply with Part 10.1.2 of the leaks of fuels, oils and drilling fl uids to 1000 tonnes or more. Test milling B.C. Mining Code. into soils, leading to contamination procedures may be done in labora- of vegetation, or into local water tories using small samples, in test In bulk sampling, the line begins to bodies.95 plants available in certain localities, blur between mineral exploration or in pilot mills erected to mill pre- and mining. Bulk sampling is oft en The drill cores themselves are of commercial quantities, such as 100 underground exploration, and concern. Regulations focus on stor- tonnes per day. 97 oft en requires sinking a mine shaft age of the drill cores for information or driving a “decline” or mine adit purposes related to the mineralogy In Ontario, for projects between ten into a hillside (essentially, a mine of the site and future mining poten- tonnes and 1,000 tonnes, operators adit is a horizontal mine shaft ).101 tial. However anecdotal evidence must obtain a “lett er of permis- suggests that it is common practice sion.” The writt en application must Underground exploration inves- to simply discard the drill cores describe the materials that are to tigates the continuity of the min- at the exploration site, creating be excavated, the amount of mate- eralized zone, and provides infor- potential for a number of physical rial, the excavation methods to be mation about rock stability and hazards as well as environmental used, and what rehabilitation will structure and possibly water fl ows. impacts such as those related to be done. A fi nancial assurance must From the explorationist’s perspec- acid mine drainage, metal leaching be provided for the greater of $500 tive, the bulk samples allow exten- or radiation. or $1.00 for each tonne of the mate- sive metallurgical studies and test rial to be excavated. The fi nancial milling.102 The release of radon gas to surface is assurance will be returned follow- a concern that is perhaps highest in ing receipt of a fi nal report, unless Feasibility Studies operations exploring for uranium, it is “proven” that the rehabilitation At this stage, the company will but it is not restricted to uranium work was not completed.98 undertake a feasibility study to exploration, given that thorium examine questions of profi tability, and uranium are present in many Under Ontario’s mining laws, bulk and prepare the company to go to ore bodies that may be explored for sampling of over 1,000 tonnes passes fi nanciers for money to develop other metals. an exploration project over the a mine. The feasibility study will regulatory threshold and makes it address a number of questions: Radon is a cancer-causing, radio- an “Advanced Exploration Project,” active gas which is odourless and with requirements to develop and 1) A description of the ore body. A tasteless. It is a by-product of ura- fi le a closure plan with the Ministry detailed set of drill results and esti- nium, and has been estimated by of Northern Development and mates (grade, how was the cut-off the U.S. Surgeon General to have Mines and provide public notice grade set? how extensively is the caused many thousands of deaths that the project is underway. area explored?) prepared by an each year, and has been named the independent qualifi ed person. second leading cause of lung cancer In British Columbia, bulk sam- in the United States today.96 It is pling can be done under a “Notice 2) Capital requirements to develop released from the drill holes them- of Work” for “Small Mines and the mine; projected cash fl ow. selves, but also from drill cores and Exploration Projects” which is fi led rock samples. with the Mining Operations Branch 3) Access to the ore body and to the District Manager.99 The “Notice land to develop it. Bulk Sampling of Work” requires very general Before actual mine development, and brief descriptions of loca- 4) Energy - How much power will bulk samples are usually taken tions, equipment, and reclamation the project require? What is the to more accurately establish the work. If bedrock excavation is to source(s) of that power? How much grade of the ore. Bulk sampling can be 1,000 tonnes or more a program will it cost?

2.0 The Mining Sequence 17 5) Transportation - What are the diesel farms, power-lines, and plans for transportation infrastruc- exploration and mining camps. ture? (rail, roads, port development, etc.) What will it cost? All of these activities – and associ- ated impacts – are quite likely to 6) Water - How much water will be occur in the course of gathering needed? Where will it come from? the information a company will require in order to make a deci- 7) Labour - What are the labour sion to move to an operating mine. needs: skilled and unskilled? At Except in jurisdictions that provide construction? for Environmental Assessment of advanced exploration, all of this 8) Market - Where will the ore be activity will take place prior to any processed? Is there a need to trans- environmental review of the mine port ore to diff erent smelters and proposal. refi neries (e.g., zinc, copper, gold)? The Aquarius Mine in Timmins, What competition can be expected Impacts from mineral Ontario is an open pit gold for the product? Nationally? exploration mine with a projected life span Internationally? What penalties Impacts from mineral explora- of fi ve years. Numerous issues will there be for contaminants? tion are numerous. Overburden is surround the mine development stripped. Many kilometres of geo- proposal, including a scheme 9) Regulatory Approvals and physical grids are cut through veg- to fi ll a cold-water stream in a Permits- Provincial and federal etation and surface soils. Large vol- nearby Boreal valley with the permits required? Areas of regula- umes of water are consumed. Roads mine tailings. However, nothing tory uncertainty: changes to federal and trails increase overall access to illustrates the elastic boundaries or provincial legislation, political the area, making other develop- of “advanced exploration” uncertainty. ment projects more att ractive and better than the installation of increasing hunting pressures. Leaks the mine’s experimental freeze 10) Unfunded liabilities: Accident of fuels, oils and drilling fl uids lead wall. The mine design includes potential: earthquakes, avalanches, to contamination of soils, spawning surrounding the open pit with a fl ood events, experimental tech- streams and fi sh-bearing waters. freeze-wall, which is purported nologies etc. Emergency plans? Garbage is left behind in explora- to replicate permafrost, and Closure and reclamation bonding tion camps. Mine waste, e.g. waste therefore create a barrier to requirements: long-term liability. rock and ore, is left behind and may control groundwater movement be acid-generating/metal-leaching. during open pit operations. The 11) Competitive Internal Rate of Noise, such as that from drill rigs, company, Echo Bay Mines, Return (IRR) and Net Present Value ATVs and 4x4s, and low-fl ying air- installed the freeze wall - a (NPV). craft carrying sensing equipment, series of pipes every eighteen further disturb wildlife and people 105 inches that will be fi lled with brine The mine infrastructure begins to who live in the Boreal. brought to sub-zero temperatures develop, oft en while the feasibility - and two giant freezer plants, all studies are still being done. This Drill cores may be left at the site before a single provincial permit includes shaft sinking, pit excava- indefi nitely, leaching heavy metals had been issued or the federal tion, road building and construc- and (if radioactive) radiation. If the environmental assessment tion of surface facilities. The mine company is drilling for uranium, concluded.103 Company reports site will be designed, including: the drill holes can act as conduits in 1998 indicated an intention mine production and processing for radon gas to get to the surface, to actually begin freezing facilities, waste management areas where it can contaminate surround- the sub-surface wall before for waste rock, tailings and solid ing plants. provincial permits were issued, waste and sewage, and adminis- in order to demonstrate the tration buildings. Depending on Radiation eff ects are a special con- method’s feasibility and thereby location, mine design and develop- cern in mineral exploration, as they attract needed investment and ment are also likely to include the are in uranium mining and milling. development dollars.104 design and construction of roads, However, as noted above, in mineral 18 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Exploration Cycle % uranium.” The average grade of uranium in Saskatchewan is 4-5%; Regional Prospective New Option Stake uranium exploration reports in Review/Recon areas YES Geological from tenure Prospective for Prospective already northern Ontario are estimated Concept holder Areas Areas staked? grade at 0.3%, both of which are in NO the “signifi cant radiation exposure” zone, even by the permissive stan- Feasibility Stage Advanced Exploration Preliminary Exploration 106 engineering, environmental detailed drilling, resource soil/rock sampling dards of Saskatchewan Labour. marketing and economic calcs, bulk sample, baseline mapping, geophysics studies environmental studies trenching, init. drilling Because they are working with “naturally occurring radioactive HOLD: Await NO Project is YES Advanced YES Preliminary material,” exploration crews are higher prices or Feasible and Exploration Exploration Revise Economic?? Successful? Successful? classifi ed as incidentally exposed

YES workers and are regulated provin- DEVELOP PROJECT cially. This is in contrast to workers permits, financing NO NO HOLD OR in uranium mines who are usu- DROP ally classifi ed as nuclear energy PROPERTY workers and whose radiation Figure 1 Source: “Mineral Exploration,” Prepared by FinisTerre Mineral exposures are regulated under the Industry Advisors, March 2003 federal Nuclear Safety and Control Act.107 exploration they are primarily a samples in the vicinity. concern with uranium exploration, 2.4 Mine Operation but not exclusively, given that rock Radon gas will emanate from the formations being explored for other core samples and drill cutt ings. Extraction metals may also contain thorium Radon gas and radon progeny are The operation of a mine includes and uranium. not considered to be a signifi cant not just the mine itself (where the source of worker radiation expo- ore is removed from the ground) Exploration crews searching for sure because it is assumed that the but also the creation of waste rock uranium will receive radiation drill core is being handled in a well- and mine tailings, and all of the exposures from uranium and its ventilated area. infrastructure related to the mine’s associated radioactive decay prod- operation. ucts in the drill core and cutt ings, The radiation dose that work- as will other nearby residents and ers receive from the inhalation or Major impacts of mine development users of the same land base. ingestion of fi ne radioactive dust include air strips, roads and power (containing alpha or beta particles) lines. This mine infrastructure will The three primary sources of radia- can be signifi cant if basic preven- use and impact much more land tion exposure due to mineral explo- tive measures are not taken. That than the mine itself. An instructive ration are: includes “good housekeeping” to example is the three major high- • Gamma radiation prevent the re-suspension of dust ways into Saskatchewan’s Boreal • Radon gas, and by workers moving about, cutt ing of forest north of the Churchill River, • Radioactive dust core samples by a wet process or in which have all been built to serve a separately ventilated enclosure. the mining industry. Public and The primary source of worker radi- community access has been inci- ation exposure will be from exter- According to the “Occupational dental. These highways, to Cluff nal gamma radiation. The external Health & Safety Radiation Lake, Key Lake and Wollaston gamma radiation dose received by Protection Guidelines for Lake, involve about 1,000 kilome- exploration crews will depend on Uranium Exploration” issued by tres of road constructed largely at the grade of uranium ore (varying Saskatchewan Labour “it should public expense.111 from approximately 0.1 percent to be evident that exploration crews approximately 20%), the amount are unlikely to receive signifi cant Surface mining operations can create of time the workers spend close to radiation exposures as long as the serious dust problems, and open the drill core or ore samples, and uranium mineralization they are pit and strip mine projects, many of the amount of drill core and ore working with has grades below 0.2 which operate 24 hours a day, also

2.0 The Mining Sequence 19 create high levels of noise and light year.112 At the proposed Kemess North pollution. Blasting in mines, both Mine, the gold grade is only open pit and underground, can Waste Rock .307 grams per tonne of ore, aff ect the local water table and local All mines create waste rock, and a and copper is .16 % of the ore. well conditions, as well as the struc- great many, by extension, create acid The mine is expected to produce tural integrity of local buildings. mine drainage when the sulphide 397 million tonnes of fi nely Stories abound in mining towns bearing waste rock is exposed to air ground toxic tailings and 325 of pictures shaken from walls, and water. This phenomenon is dis- million tonnes of acid-leaching and tea cups sent dancing off their cussed in more detail in Section 4. waste rock. Northgate Mineral’s shelf when the local mine blasted. preferred option was to dump Waste rock comes from the need the waste rock and tailings While the mine shaft and milling to remove a large volume of rock into nearby Duncan Lake.108 At facilities may be relatively local- which is not ore-bearing in order Northgate’s sister operation, the ized, the impacts of waste rock, tail- to get to the ore body. Waste rock Kemess South Mine, 260 tonne ings and waste water storage are can also include low grade ore, haul trucks move more than 30 enormous. which may be stored separately in a million tonnes of waste rock each stockpile for later processing when year.109 The ore can be extracted in a number prices are potentially higher, or of ways: an open pit or series of pits, mixed with high grade ore to pro- strip mining, underground opera- vide a consistent grade for the mill. At the Cigar Lake Mine in northern tions, or through heap leaching. In both underground and open pit Saskatchewan, waste rock will Those extraction systems which mines, waste rock material ends up be a source of arsenic, thorium, create the most surface disturbance on the surface where it and runoff radium and radon contamination and create the most waste rock – water must be managed. 113 (radon will also emanate from the strip mining and open pit mining – mill and the tailings facility) for are the most economical to operate. Waste rock is created at a rate of one hundreds of thousands of years. million tonnes per day in Canada. However, underground operations To mine one tonne of gold, between At Cigar Lake, high-grade also heavily impact the environ- one and three million tonnes of uranium ores will be mined ment, particularly in terms of water waste rock are generated, depend- underground using waterjets consumption and contamination, ing on the grade of the ore. At the to cut the rock. Phase I of the largely through mine dewatering. Golden Bear Mine in northern Cigar Lake project will take 11 Underground mines have to be British Columbia, mining enough years, and will produce over constantly pumped to keep them gold to create a 6 gram wedding

8,000 tonnes/year of U3O8 from dry enough to allow operation. ring will require more than 6 tonnes the rich eastern part of the ore of waste rock and tailings.114 In body. Phase II will last longer (28 During a mine’s operational period, 2004, 228 million tonnes of ore was years), and will produce about water is pumped out to keep the mined in Canada from metal mines, 2,700 tonnes/yr. Waste rock mine dry and to allow access to the and an additional 70 million tonnes from the mining operation will be ore body. Pumped water may be of ore from non-metal mines.115 dumped into Bizarre Lake, which used in the extraction process, sent is 3 km northwest of the mining to the tailings impoundments, used Piles of mine waste rock and dumps site A total of 36% of the volume for activities like dust control, or of overburden material (soil and of Bizarre Lake will be infi lled discharged as a waste. vegetation moved to expose the by this waste rock, which will be bedrock) can be massive structures. bulldozed far enough into the The water can be very acidic and Some mountain top coal mines in lake to remain underwater. As a laden with high concentrations of British Columbia are constructing result of heavy metals leaching toxic heavy metals, including methyl the largest man-made structures out of waste rock, arsenic levels mercury, or with radionuclides. on the face of the earth. These in the waters of Bizarre Lake immense waste dumps are oft en up could exceed the Saskatchewan Estimates are that in Canada the to 400 meters high and contain in Surface Water Quality Objectives gross water use of the extraction excess of one billion cubic meters of (SSWQO) within 20 years of the stage of metal mining is 1,542 mil- matrial.116 start of operations.110 lion cubic metres of water per

20 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest At the Wolverine Project in the Estimates of Acid-Generating Waste Rock at the Wolverine Mine Project Yukon Territories, the developer Project Phase Total Source of Waste Rock estimates that the relatively small Waste (t) mine will generate 1,940,000 tonnes Mine Development Stope Drift s of potentially acid-generating Advanced exploration 62,000 62,000 waste rock. Approximately 2/3 of (2005) the waste rock will be placed back Pre-production (2006-7) 70,000 70,000 underground, but over half a million Operations (2007-19) 1,808,000 338,000 1,470,000 tonnes will require above-ground Total 1,940,000 470,000 1,470,000 disposal, along with another mil- lion tonnes of dilution waste rock further refi ned either on or off -site, chlorine, hydrochloric acid, copper which will be separated from the and the mine tailings, the manage- sulphate, sodium cyanide and sul- ore during mill processing.117 ment of which poses one of the phuric acid. Many of these chemi- greatest challenges to the mining cals and heavy metals have been The generation and management industry. declared toxic under the Canadian of mine waste is such a signifi cant Environmental Protection Act. part of a mining operation that the The water quality impacts which mining industry is in fact a waste begin at the exploration and mining These same pollutants are trans- management industry. stage intensify at the mine mill, for ferred out into the natural world, two reasons. First, the milling pro- through air and through water. While many mines have tailings cess creates mine tailings. Secondly, Heavy metals pass through plants which are acid generating and in the processing of the ore – fi rst into the food chain, aff ecting repro- metal leaching – resulting in mas- in the mill, and later in the refi nery duction and wildlife and ecosystem sive amounts of environmental and/or smelter – a number of chem- health.121 Industry’s eff orts to treat contamination – uranium mines ical agents are added to the toxic mine and mill waste water fre- have additional problems. soup which is mine effl uent. On top quently mean adding more chemi- of that, the processing of minerals cals or foreign substances to the demands a huge supply of energy, water, usually at the “end of pipe” Each year Canada’s uranium and refi ning of the metals has enor- or close to the property’s edge. mining and milling activities mous impacts on air quality. Regulatory limits on pollution only produce around one million apply as the contaminants leave the tonnes of waste rock and Milling mine property. tailings.118 One of the biggest impacts of both mining and milling is acid mine As the ore is being extracted from drainage. Acid mine drainage hap- the mine, the ore and waste rock are Waste rock management and pens when water and air meet acid- separated. The ore is then processed rehabilitation are laden with both generating sulphates in a rock. The through a number of steps, with a environmental and economic con- greater the surface that is exposed, variety of treatments or techniques sequences which can signifi cantly the greater the acid-generating used for each step. Major steps in aff ect the viability of local ecosys- ability of a sulphide-bearing rock. ore processing include grinding tems and the profi tability of mining In the process of removing rock and crushing, chemical or physical operations. Examples have shown from the ground and grinding it separation, and dewatering. that rehabilitation costs following into very small particles, the rock’s inadequate planning have been greatest potential for acid genera- Grinding and crushing are done greater than $100,000 per hectare.119 tion is reached. to further separate the valued minerals prior to further process- 2.5 Processing Common pollutants from metal ing.Crushing is used for coarse mines and milling processes include size reduction, and is done dry. In the processing stage, ore is arsenic, cyanide, copper, selenium, Grinding is done wet and is used crushed and ground in the mill, mercury, cadmium, lead, nickel to achieve fi ner size reduction. and the valued metals are separated and zinc. Chemicals used in high Chemicals such as lime, soda ash, from waste using gravity, magnetic, volumes at mine sites, primarily sodium cyanide and sulphur diox- or fl otation techniques. This results as reagents in the milling process, ide many be added in the grind- in two streams: concentrate that is include ammonia, calcium chloride, ing circuit in preparation for ore

2.0 The Mining Sequence 21 separation. The ore must be ground recovering gold or silver is to leach fi ne enough – to about the consis- them with cyanide. A solution of tency of face powder – to “liberate” calcium or sodium cyanide is used the desired minerals from the waste to dissolve the metal, it is leached material or the separation methods with cyanide, and then recovered. that follow will not be as eff ective. Uranium and copper are leached using sulphuric acid, aft er which it Aft er the ore has been crushed and is recovered using an ion exchange ground – creating the most surface or a solvent extraction. area possible – the ore then goes through either a physical process or The concentrates from most physi- a chemical process of separation. cal ore separation processes are in the form of a slurry, which must Physical separation processes rely then be dewatered prior to further on diff erences in size, density or processing. surface energy that cause diff er- ences in the physical properties The end product of ore separation or behaviour of mineral particles. is an ore concentrate. Ore con- Common processes are gravity sep- centrates are then sent for further aration, where minerals are sepa- processing, such as at a smelter or rated on the basis of diff erences in refi nery, to produce a pure metal their density, magnetic separation for sale, such as gold, or an indus- where minerals are separated on trial product which will go on to the basis of diff erences in the min- further processing or production, erals’ magnetic susceptibility, and such as uranium trioxide which is fl otation separation where minerals used to make pellets for fuel rods in At the recently closed Dome Mine are separated on the basis of diff er- nuclear reactors. in Timmins, the mine effl uent had ences in their surface properties. been persistently lethal to the All three of these so-called physical Tailings two test organisms, Rainbow processes may use some amount of Tailings are an extremely high Trout and Daphnia magna. The process reagents, i.e. chemicals. volume “by-product” of ore separa- company company (the mine tion. Tailings are a mixture of water, was owned by Placer Dome at Flotation separation is the most fi nely ground rock from which the the time) suspected that copper commonly used process for physi- valued minerals have largely been was the cause, although the cal separation, and it uses the most removed, and residues of all of the copper levels were below those chemical reagents. In this process, chemicals that have been used in permitted in the regulation. The ground ore is mixed with water, the processing of the ore. company’s response was to add forming a slurry. Air bubbles are yet another chemical to the mix: introduced into the slurry, and There are three primary environ- Ethylenediamine Tetraacetic minerals that favour contact with mental concerns associated with Acid. EDTA is a chelating agent, air fl oat to the top and those that mine tailings: loss of habitat due which makes the harmful pollutant favour contact with water stay in to the extensive areas required for - in this case thought to be the the slurry, resulting in a separation tailings management, impacts on copper - biologically unavailable of the various minerals in the ore. water quality and aquatic ecosys- for a certain period of time. tems, and impacts on air quality, Simply put, the company began Chemical separation processes use primarily from dust. adding EDTA to its lethal effl uent, chemicals to dissolve and precipi- making the toxic elements in the tate one or more minerals. They are Common minerals and elements effl uent biologically unavailable to commonly used for the recovery of found in tailings include arsenic, the test organism for long enough gold, silver and uranium, and in barite, calcite, fl uorite, radioactive to pass the lab tests. However, some cases it is used for the recov- materials which are naturally pres- the problem is clearly not solved; ery of copper. ent in many ores, mercury, pyrites/ it is simply displaced and left to sulfi de compounds, cadmium, reappear further downstream.120 The most common method for and hydrocarbons introduced 22 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest by mining and processing Smelting limit is set at 34 ppm, and when equipment (e.g. oils & greases). the companies exceed that limit, Common additives found in tail- they must notify the public. ings include cyanide, sodium ethyl Refi ning and smelting metals • Ontario’s regulatory standard creates a number of serious xanthate and potassium amyl xan- for SO2 is .25 ppm, but from thate which are fl otation agents, air quality impacts, including 1983 until 2001, the smelters methyl isobutyl carbinol which is a the release of sulphur dioxide in Falconbridge and Sudbury frothing agent, sulfamic acid which and fugitive and stack releases operated under a special control is a cleaning / descaling agent, of heavy metals, which can order which allowed a release of sulfuric acid used in leaching, acti- contaminate waterbodies and .50 ppm. In 2001 the Ministry of vated carbon which is used in CIP soil and impair human and the Environment “toughened” (Carbon In Pulp) and CIL (Carbon ecosystem health. the control order with new In Leach) processes, and calcium requirements to reduce emis- compounds which have been intro- sions to .34 ppm by 2002. The duced as lime to aid in pH control. Further metallurgical processing, companies will have fourteen Tailings are “disposed” of, or such as smelting and refi ning, is years – until 2015 – to meet the managed, in two primary ways in carried out either on-site, or off - current legal limit of .25 ppm.124 Canada: by returning them under- site, with the concentrates shipped ground, or through tailings man- to another facility for further Approximately 800,000 tonnes of agement areas on surface. Because refi nement. SO2 are emitt ed annually from smelt- the material expands consider- ers in Canada, about one-third of ably during the processing stages Base metal smelters extract metals the total from all industrial sources. (described above) it is generally of “economic value” from concen- Three facilities alone – Inco Copper not possible to return all the tail- trates for sale to global markets: Cliff , Inco Thompson and HudBay ings to the underground, even if copper, lead, zinc, nickel, cobalt, in Flin Flon, contribute to more than a company was to make that kind cadmium, silver gold, platinum and 80% of these emissions, each emit- of a commitment. Management on palladium. In the process of extract- ting in the order of 200, 000 tonnes.125 surface has generally involved cre- ing these metals, vast amounts of ating an impoundment through the hazardous pollutants detrimental to Over the years, most smelters construction of a series of dams or human health and the environment have reduced their emissions by the taking of a natural valley – or are released to air, land and water, the construction of sulphuric acid lake – for tailings disposal. A dry all of which make these operations a plants and the introduction of other cover and vegetation will generally major source of pollution in Canada. technologies, in order to comply be established to control dust and with regulated limits. Despite this, direct run-off , or a water cover to While dust and diesel fumes are the base metals sector remains the prevent acid mine drainage and air quality problems encoun- single largest industrial source of metal leaching in cases where the tered during mining operations, sulphur dioxide emissions as well tailings are acid-generating. it is in the refi ning stage that air as emissions of a number of highly quality impacts become extreme. toxic metals – mercury, arsenic, An estimated 417,813 metric tonnes Regulation of air quality is usually cadmium, chromium, lead, beryl- of mine tailings are generated each a matt er of provincial jurisdiction lium, and nickel in Canada. day in Canada, for a whopping total and the regulatory regimes do not of 152 million tonnes per year.122 prevent substantial releases of sul- Flin Flon’s HudBay smelter, in

phur dioxide (SO2) and other harm- operation since 1930, is notorious Mine tailings are commonly acid ful substances, including arsenic, for its emissions of mercury, one of generating. Use of a water cover nickel, cadmium and lead.123 For the most pervasive toxic substances and the addition of lime is the most example: known. Where emissions from common treatment for acidity. this facility were in the order of Ferric sulphate is frequently added • Manitoba has a regulation to 20 tonnes about 15 years ago, they to precipitate heavy metals. control the release of SO2 which remain inordinately high (over was writt en specifi cally for the 1400 kg annually) today, making mine complexes in Flin Flon this facility the largest point source and Thompson (HudBay and of mercury emissions to air in CVRD-INCO, respectively). The North America. There are untold

2.0 The Mining Sequence 23 amounts of mercury in the tailings costs for remediation, health care ponds of this facility and in this and lost opportunities for other community.126 development are signifi cant.

Sulphur dioxide, along with other 2.6 Mine Closure pollutants, is a major cause of acid deposition which is linked to At this stage in the mining sequence, other environmental issues such as the economic ore body has been climate change and the leaching exhausted and the mine has to be of mercury (in its most toxic form, closed. The mine site should be methyl mercury) into rivers, lakes returned to its “original” state or to and streams. Likewise, the toxic a productive alternative. Structures metals – arsenic, cadmium and the are removed, openings to surface like, add to the toxins in the water- capped, and re-grading and reveg- bodies and soil, severely compro- etation work done. Most oft en the mising the health and diversity area is reclaimed by constructing of the forests, vegetation and the ponds, ditches, dykes, and wetlands aquatic and terrestrial ecosystems or tailings areas, and by establish- upon which we all depend. ing vegetation over the mine site, the waste rock piles and any mine

Exposure to SO2 (as a gas and in tailings areas not under water. the form of miniscule sulphate par- ticles) can contribute to asthma, It is important to note that there has bronchitis, cardiovascular disease never been a major mine in Canada and possibly lung cancer. Similarly, that has been fully closed out, and mercury and lead are extremely fully returned to a productive toxic and a cause of developmen- alternative, far less to it’s “origi- tal and neurological disorders as nal state.” There are many issues well as damage to organs. Arsenic, around mine closure: the standard nickel, chromium and cadmium are of care that is provided, public associated with the development of oversight in the mine closure plan various cancers. For a number of and its implementation, the long- these substances, there is no “safe” term nature of the impacts, and the threshold below which adverse need for long-term monitoring and eff ects cannot be found. perpetual care.

Communities in Sudbury, Mine closure and reclamation is Thompson, Rouyn, Flin Flon, an expensive and lengthy process, Belledune, Trail and other smelter with uncertain results. Long term towns bear the brunt of the pollut- monitoring is needed to ensure ants most directly and are particu- that the remediation eff orts are suc- larly at risk of having elevated rates cessful and to identify any new or of asthma, cancer and other pollut- emerging environmental concerns. ant-related ailments. Because many

of these pollutants, such as SO2 and It may take a decade or more for mercury, are long-distance travel- problems to emerge. For example, lers, their infl uence on environmen- at Algoma Ore Division’s closed tal and human health is also exerted out George McLeod Mine in Wawa hundreds and even thousands of the underground workings slowly kilometres from their source. fi lled with water. When the under- ground workings reach the “full” The legacy from these smelters will point and start discharging to sur- live on long aft er these facilities face water – estimated to begin 10 shut down. In economic terms, the years aft er its closure in 1998 – the

24 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest mine water will require treatment closure and associated costs. They closure and fi nancial assurances. 132 of acidic discharge, possibly in usually emphasize physical stability perpetuity, in order to meet surface of the mining site at the time of clo- Requirements also vary a great deal water quality standard.127 sure (capping mine shaft s and pre- with respect to annual reports. In venting inadvertent access to mine Ontario, companies are required Closure Plans openings, for example). Closure to prepare annual reports describ- In most jurisdictions government planning requirements are usually ing progressive reclamation, but policy requires that prior to mine accompanied by a requirement for they are only required to provide start-up, an approved closure plan some form of fi nancial assurance, these to the Ministry of Northern detailing all clean-up requirements and include some broad statements Development and mines on must be in place, with fi nancial suggesting an expectation that the request. Under Newfoundland and securities assured by the mining mine site will have some alternative Labrador Regulation 42/00 (Mining company suffi cient to cover the use possible aft er closure require- Regulations under the Mining Act) cost of implementing the closure ments have been met. annual reports must be provided plan. However, this policy is not each year, within two months aft er necessarily refl ected in regulation In some cases, the bar is set particu- the end of the operating year, but or in practice. Moreover, the cost larly low. In the Yukon, the goal is the regulation does not require estimates for mine closure and long “to return the mine site to a viable that the annual report include any term care are generally not publicly and, wherever practical, self-sustain- description about progressive reha- available, and public consultation ing ecosystem.” 130 bilitation work that has been done, is either limited or absent.128 or any other aspect related to mine Requirements for public review closure.133 At some mines, estimated closure of mine closure plans and related costs and associated fi nancial secu- fi nancial assurances vary greatly. In Financial Assurances rities posted by the mining compa- Ontario, there is a requirement for Financial assurances in the Yukon nies in conjunction with the mine a public notice and an information “will be reasonable, fl exible and closure plans, are much lower than centre in the local area prior to mine responsible.” The fi nancial assur- real costs are likely to be. Québec development, and a notice is posted ance instrument is supposed to deliberately sets the bond at 70% of on a provincial electronic registry provide the Minister with a “rea- the cost of reclaiming the tailings. advising the public of a 30-day sonable ability to access the full comment period during which they security at any time” Alternatives Closure plans for the mines may can visit the Ministry of Northern to the posting of real funds will be not include appropriate disposal or Development and Mines offi ces in considered.134 treatment of massive piles of acid- Sudbury and review a mine closure generating/leachate toxic waste plan. For the very few who do, In Newfoundland and Labrador rock, and may not appropriately there may be information about fi nancial assurances are required, evaluate the risk of groundwater the fi nancial assurance and its form but are based on a closure plan contamination to the area through included in the several binders that which may or may not have had seeps from the tailings areas and usually comprise the closure plan, any public scrutiny and which may underground workings. In such but the form and amount of the or may not adequately estimate the cases, the actual closure costs will fi nancial assurance is not otherwise amount of rehabilitation that will be be far greater than those initially available to the public. required and the fi nancial resources estimated, or the closure work needed to return the site to an envi- will be limited and environmental Under the Yukon’s new Mine Site ronmentally stable condition.135 impacts will result. 129 Reclamation and Closure Policy, mine operators are “encouraged” In Ontario, fi nancial assurances While there is a somewhat common to seek the views of the public in can be in the form of cash, bank approach to closure planning in developing the closure plan, but draft s and certifi ed cheques, lett ers jurisdictions across Canada, there is not actually required to do so.131 of credit, surety bond, a qualify- also a great deal of variety in appli- But that is still one step bett er than ing environmental trust, corporate cation of that approach. Generally, in Newfoundland-Labrador. The fi nancial tests (meaning self-assur- policies require the identifi cation word “public” does not appear in the ance), pledges of assets, sinking of the mine owner/operator as the regulation under Newfoundland’s funds, a per tonne levy or royalty, party who is responsible for mine Mining Act dealing with mine or a bank lett er of guarantee.136 As

2.0 The Mining Sequence 25 mentioned above, there may be and most structures removed, information about the fi nancial openings to surface capped, regrad- assurance and its form included ing done, and revegetation initi- in the several binders that usually ated – the mine moves into a state comprise the closure plan, but the of perpetual care. This means that form and amount of the fi nancial the site must be cared for forever, or assurance is not otherwise available at least into the foreseeable future. to the public. In 2006, MiningWatch Canada obtained information about Aft er closure, most major mines self-assurance at mines in Sudbury require perpetual care to monitor through an Access to Information such concerns as structural stability request. of the dams and structures which impound millions of tonnes of tail- The Exit Ticket ings. Many mines also require water In response to industry’s concerns treatment long aft er closure, some about the costs and uncertainties virtually into perpetuity. Long term associated with cleaning up aft er monitoring is also required to iden- themselves, Ontario introduced tify new and emerging environ- the concept of “exit tickets” in mental issues, such as latent acid- their 1996 round of changes to the generating potential or changes in Mining Act. Under this new sce- surface water quality. The stability nario, aft er a company completes of underground workings and pit the remedial work set out in their walls is another concern. Sludge own closure plan, the operator may from any waste-water treatment apply to the Province for an “exit ponds must also be managed. ticket,” through which all liabilities and ownership of the property – A key purpose of perpetual care and its associated hazards – would is the ongoing inspection of the be transferred back to the crown. stability of dams that contain tail- ings. Tailings dams have failed In June 2001, Homestake Canada due to weaknesses in construction and Barrick Gold, joint owners or from overtopping. In addition of the Renabie Mine, applied to to extraordinary rainfall events, “surrender” the Renabie Mine overtopping can occur because the patented mining claims to the spillway is inadequate, or because Crown. Homestake and Barrick beavers have built dams in the area. propose to make a one-time payout Beavers frequently dam spillways, of $102,290,137 and, in exchange, causing the tailings pond to over- to be exempted from any further fl ow or increase the water pressure site liability even if it arises as a on the dam, resulting in its collapse direct result of the companies’ (in) and the release of massive volumes actions. To date, the Ministry of of tailings. Northern Development and Mines has not issued the exit ticket for There are numerous examples of this property, but nor has it been major tailings dam failures in the removed from the public reg- past, both in Canada and abroad. In istry of proposed instruments August 1995 a tailings dam failure to be issued by the Ministry of at Cambior’s Omai Mine in Guyana Northern Development and Mines. released ) 4.2 million m3 of cyanide slurry, resulting in an 80-kilome- 2.7 Perpetual Care tre section of the Essequibo River being declared environmental Aft er a mine has been closed – aft er disaster zone. Less than a year later, buildings have been demolished in March 1996, a loss of tailings at

26 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Placer Dome’s Marcopper Mine in Perpetual care activities include There are an estimated 7,000 aban- the Philippines fi lled 18 kilometres treatment of effl uent from acid- doned mines across the Boreal of the local river with tailings, forc- generating/metal-leaching waste. region (10,139 identifi ed to date ing the evacuation of 1200 residents Waste can continue to generate con- across Canada). In the absence of and resulting in $80 million in dam- taminants for thousands of years. sound regulations, consistently ages. In April 1998 the operations of Treating mine effl uent is costly, and implemented to make the mining a third Canadian company, Boliden, the sludge precipitated from treat- companies responsible for mine caused another environmental ment must also be disposed of. closure and perpetual care, more disaster when a dam failure at the will follow. If mines are created and Los Frailes Mine in Spain released One of the greatest challenges in the then closed out inadequately – or 4-5 million m3 of toxic water and closure and post-closure period is not at all – and if the mining com- slurry, covering thousands of hect- limited success in predicting future panies do not maintain long-term ares of farmland.138 environmental conditions. responsibilities for the long-term hazards, the mines of today will Closer to home, there is a long A major U.S. study released in 2006 become the mistakes of tomorrow, history of major dam failures in examined 25 case studies of hard with taxpayers and the environ- Canada. British Columbia examples rock mines, comparing predicted ment footing the bill. include an August 1991 incident and actual impacts on water quality when a dam failure at Cominco in order to examine the reliability of Ltd’s Sullivan mine released 75,000 predictions relied upon during the Government’s failure to require m3 of material during a construc- permitt ing process.140 mining companies to care for tion project at the tailings impound- closed mines into perpetuity will ment. On November 30, 2004, Teck While 18 of the 25 case studies result in more abandoned mines Cominco’s tailings pond dam at predicted low potential for acid in the future. Pinchi Lake failed, resulting in toxic, drainage, 9 mines had acid drain- mercury-laden effl uent spilling into age on site. The study found that 8 a fi sh-bearing lake. The dam was of those 9 mines had initially pre- 100 metres long and 12 metres high. dicted low acid drainage potential An ill-fated reclamation activity or had provided no information directed by the company resulted on acid drainage potential. 21 of in its complete collapse. The dyke the 25 case study mines (84%) had itself was constructed with mercury- exceedences of water quality stan- contaminated earthen material.139 dards in either surface water or groundwater or both. Nearly half In Ontario, several failures have of those had underestimated or occurred in Ontario’s Boreal region, ignored the potential for contami- including at the Zenmac Tailings nant leaching in Environmental near Schreiber, the Coppercorp Impact Statements. The contami- Mine near Wawa, and the nants included copper, cadmium, Matachewan Mine on the Montreal lead, mercury, nickel, or zinc (in River, south of Timmins. 63% of the cases), arsenic and sul- phate (58%), and cyanide (53%).141 In 1990, a beaver dam constructed upstream caused a major dam Planning for perpetual care failure at the Matachewan Mine, involves many unknowns, some resulting in a major release from of which have will have fi nancial a 150,000-m3 tailings area. The or environmental price tags. To release took out a section of pro- ensure that monitoring and main- vincial highway and contaminated tenance are provided in the longer the Montreal River, which was a term, adequate fi nancial assurances source of drinking water as well as are essential, as are the legal means a recreational fi shery. The Province to require companies to maintain of Ontario spent millions of dollars fi nancial responsibility for their on clean-up eff orts. mines’ post-operation care. © Garth Lenz 2.0 The Mining Sequence 27 3.0 Mining and the or approximately 5.7 percent of Environment Canada’s total area. In Alberta, over 12% is under mineral claim, 3.1 Impacts on the Land followed closely by Saskatchewan with 11.4% of its land base under Access to the Land Base mineral claim. Exploration spend- The core issue from which all others ing continues to climb, with $1.7 fl ow is the historic assumption that billion spent in 2006 and $1.9 bil- mining is the highest and best use of lion predicted for 2007. Spending land. This assumption is enshrined is spread over 734 exploration and in the Free Entry claims system. deposit appraisal projects across A hangover from feudal England the country.143 and the early colonization of North America, the current system of The issues around unfett ered land access to land and land title has access for the mineral sector are become a fundamental source of fourfold. uncertainty for all stakeholders, • Establishment of mineral tenure and is increasingly a source of con- forfeits or makes more diffi cult fl ict, primarily between the mining other land use designations, sector and the holders of surface such as protection of biodiver- rights, conservation interests and/ sity and wilderness. or indigenous land rights. • The staking of mineral claims oft en proceeds where Aboriginal In Canada, mineral rights usu- land rights are unsurrendered, ally rest with the Crown. The but where Aboriginal control system currently in eff ect in most over the land base is not fully of Canada for staking mineral title established. (Alberta being the exception, where • Mineral exploration activities mineral permits are on allocation proceed without consideration basis) gives priority rights to min- of the operator’s past practices eral exploration and development. or their ability or commit- This allows mineral claims to be ment to sound environmental established on by far the greatest performance. proportion of public land, and also • Establishing mineral tenure on private land where the mineral opens the door to exploration or sub-surface rights are not specifi - activities and all related impacts, cally granted to the surface holder, including those impacts related i.e. the property owner. Mineral to the infrastructure required to claims can be staked without any support a mineral exploration consultation or any consideration project. These impacts include of other values or potential land exploration and haulage roads, uses. Once established, a mineral rail lines, power lines and claim then normally grants the power generating facilities and claim holder the right to mineral water use. exploration, with all of the compan- ion impacts of surface disturbance, Currently, in most jurisdictions, etc.142 land can be withdrawn from stak- ing for urban development and Over 23 million hectares of land wilderness protection. However, were put under new mineral there are increasing confl icts with claims in 2005, bringing to more an industry that wants the right to than 57 million hectares the land explore and mine in any area with occupied by mineral claims “in “signifi cant mineral potential.” good standing” at the end of 2005, 28 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest In the far North, conservation groups and Aboriginal peoples are faced with mineral claims that have been staked in caribou calving grounds; in areas of great cultural and spiritual signifi cance and in unique and fragile eco-systems. The Traditional Knowledge concerns of elders in northern communities was confi rmed in 2006 in a study under- taken by the World Wildlife Fund (WWF) Canada. The study found that “the pace of the mineral rush in Canada’s north is resulting in signif- icant barriers to the establishment of protected lands and waters, and/ or for protected lands as outcomes The February 2006 WWF Canada map of ‘Prospecting Permits in of current lands planning exercises. Relation to Existing and Proposed Protected Areas’ in Canada’s north146 The mapping - produced by WWF In Québec, advanced exploration landscape is even more diffi cult Canada but based on government on Cree lands and in Nunavik to achieve. For example, British data - quite dramatically illus- is subject to review by COMEV, Columbia, Saskatchewan and trates the signifi cant proportion of the Environmental Assessment Manitoba have allowed mineral Canada’s northern land base that is Tribunal.148 development within provincial under prospecting permits, mineral parks.151 leases and claims. The maps show In the Mackenzie Valley of a conservative portrayal of the situ- the NorthWest Territories, Ontario’s Living Legacy – the prod- ation, as oil and gas leases are not advanced exploration is subject to uct of Ontario’s deeply fl awed land included – though such leases are Environmental Assessment by the use planning exercise in the late extensive throughout the western Mackenzie Valley Environmental 1990’s – allowed mineral exploration Arctic.”144 Impact Review Board, which in almost half of the newly created enables substantial public partici- protected areas.152 As discussed in In northern Aboriginal land sett le- pation. In the fall of 2007, mining more detail in the regional overview ments, land use planning has companies were stunned when the of mining in Ontario, a lengthy pro- endeavoured to protect these areas Review Board refused an advanced cess of “disentanglement” has fol- through land withdrawals and exploration permit to Ur-Energy for lowed in the near-decade since the challenges to mineral develop- uranium exploration in the Thelon Living Legacy’s suite of protected ment. However, in the Cree agree- River basin. For the Dene, this area areas were announced. Dozens ments and Nunavik in Québec, is the “place where God began” of areas that had been declared in Nunatsiavut in Labrador, and and is sacred. The Thelon is one of “protected” under Ontario’s Living in Nunavut, most lands are cat- the most beautiful and wildlife-rich Legacy have since been tossed out egorized as Category 2 or 3 lands places in the North.149 of the province’s system of parks – which still ensures easy access and protected areas, in favour of by prospectors to mineral rights. Similarly, people in the Yukon have allowing mineral exploration to Nonetheless, exploration rights can had to deal with mining claims in proceed. still be denied by the Aboriginal the Tombstone Mountains, and in governments, or the various review the Peel River watershed. In the Manitoba struck the Protected Areas boards.145 Northwest Territories, there is an Initiative with conservation groups advanced exploration project in the and the mining industry in 1990, In the Nunatsiavut Assembly, heart of the proposed Nahanni Park which set aside protected areas and rampant uranium exploration expansion.150 left others open for mining. The is now being challenged with a agreement was revised in 1996 and motion to ban uranium mining on In the South, where the competi- 2000. Any areas of signifi cant min- Nunatisavut lands, brought for- tion over land access is intense, eral potential were excluded from ward by the Executive. 147 the protection of large parts of the protection.153 3.0 Mining and the Environment 29 Federal minister upholds contested decision to block arctic uranium exploration October 25, 2007 – 18:58

By: THE CANADIAN PRESS http://www.570news.com/news/business/article.jsp?content=b1025152A

OTTAWA – The federal cabinet has upheld a recommendation by a northern environmental regulator that the mining industry fears could sterilize a large and potentially rich chunk of the Northwest Territories to future development and cripple the ability of prospectors to look for new deposits. In a letter to the Mackenzie Valley Environmental Impact Review Board this week, Indian and Northern Affairs Minister Chuck Strahl said he agreed with its recommendation to block Ur-Energy’s (TSX:URE) uranium exploration program on the Upper Thelon area east of Great Slave Lake. “The responsible ministers have agreed to adopt the recommendation of the review board,” Strahl wrote. Last May, the board shocked the mining industry when it denied Ur-Energy’s plan to drill up to 20 holes near the Thelon River because it threatens the spiritual and cultural well-being of the area’s Akaitcho Dene. “If implemented, the recommendation of the review board would effectively terminate mineral exploration in an important part of the N.W.T.,” three industry leaders wrote to then-minister Jim Prentice after the original decision. “This would have a very detrimental effect on the investment climate of (the) N.W.T. and the North in general.” The letter was signed by Mike Vaydik of the N.W.T. Chamber of Mines, Gordon Peeling of the Mining Association of Canada and Tony Andrews of the Prospectors and Developers Association of Canada. Individual companies working in the North also registered strong protests. “The rationale behind the board’s recommendation is such that it appears likely that no mineral exploration activities within the southeast N.W.T. will be possible,” wrote Bayswater Uranium president George Leary, one of several mining CEOs who wrote to protest the board’s recommendation. Miners claimed that the board had created a de facto national park without any of the normal consultations. However, Strahl’s decision promised his department would come up with a plan for long-term land-use planning for the area by the end of November. “It would be an action plan for developing the resources in the area,” said Carolyn Relf, the department’s director of minerals and petroleum development…. ...Miners also have to work harder to understand the cultural ties aboriginals feel towards their traditional lands, said Gratton. The Thelon Basin is considered one of the earth’s last pristine wildernesses. Residents from the community of Lutsel K’e described the area as “the place where God began” and “the heart and soul of the Dene.” However, the area drained by the Thelon River, which fl ows from the N.W.T. into Nunavut, has been the subject of an intense staking rush. Dozens of companies are prodding the tundra for uranium after prices for the silvery metal grew from $7 a pound a few years ago to over $100 now. They have registered hundreds of prospecting permits, claims and mineral leases – 1,000 such dispositions on the N.W.T. side alone. The area is also subject to an agreement between Ottawa and the Akaitcho Dene not to make any decisions on the land for fi ve years pending the land-claim settlement. That interim land withdrawal is currently awaiting cabinet approval. As well, part of the region has been singled out by Environment Minister John Baird for the creation of East Arm National Park near the east arm of Great Slave Lake.

30 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Québec has only recently begun to before the company could access drilling rig.159 protect lands for conservation pur- the land for exploration purposes. poses, and is the only province to In the mining sequence, surface explicitly allow exploration in these In areas of recent land claims disturbances come not only from areas. Plans to develop protected sett lements in the North, this has the mines themselves – particularly wilderness areas in Mistissini, led to defi nitions that restrict the strip mines and open pits – but also Wemendji and the Dumoine have Aboriginal peoples’ control of sub- from the large areas needed for the all met resistance from the mining surface rights to a small amount of disposal or dumping of mine tail- industry.154 land in their traditional territory ings and waste rock. An estimated – the equivalent of a reserve – but 40 million hectares have been used While mineral tenure is only quasi- surrender the rights to the subsur- for mining purposes. This fi gure ownership, it does establish rights face on the rest of the territory. 158 excludes most of the related infra- and privileges for the tenure holder structure, such as road systems, that are well beyond those of other Surface Disturbance power lines and power generation stakeholders, and is the founda- All stages of the mining sequence projects. tion for procuring other rights and can result in the disturbance of approvals, such as permits for mine the land surface and the terrestrial development. In Saskatchewan and ecosystems which it supports, as Many of the most pervasive British Columbia, a holder of min- well as the aquatic ecosystems into threats to biological diversity eral tenure is entitled to compensa- which they drain. As discussed in - habitat destruction and tion if the disposition of resources earlier sections of this report, dis- fragmentation, edge effects, is cancelled as the result of an turbing the surface – frequently exotic species invasions, environmental assessment.155 In stripping it – is integral to mineral pollution and overhunting - are the NWT, the owner of the Prairie exploration. aggravated by roads. Creek advanced exploration project - Reed Noss, The Ecological in the Nahanni Park area is holding Over the last several years, an Effects of Roads out for at least $100 million in com- average of 20 million hectares are pensation before he will give up the staked each year in new mineral claim.156 claims, with an expectation that a Roads rank as the supreme dis- considerable percentage of those turbance at a landscape level. An An important Supreme Court of will move into exploration, with all estimated 30% of the boreal forest Canada decision in 1997 clarifi ed of the att endant surface impacts. is now within 1 kilometre of a road that Aboriginal title includes sub- The exploration stage of the mining or access route.160 Studies have surface rights, and that it is a right sequence includes exposure of the shown that roads signifi cantly to the land itself, rather than just a bed rock through the removal of aff ect animal distribution, fragment right to fi sh, hunt, or gather. The the “overburden” of soil and veg- animal and plant populations, and Delgamuukw case also asserted that etation, and trenching and drilling are mortality sinks for animals. For governments must consult with to get at the rock below. some species roads are impassable First Nations, and may have to barriers. Roads fragment the popu- compensate them if their rights are In stripping, trenching and sink- lation, and each isolated pocket is aff ected. The decision could have far ing even temporary shaft s (for the subject to all of the problems asso- reaching consequences for mineral purpose of taking bulk samples) ciated with rarity, including genetic tenure as it has been recognized.157 ground disturbance is inevitable deterioration.161 Subsequent court decisions have and frequently the level of distur- added to this body of understand- bance is extreme at the site level. In addition to the direct impact of ing, such as Musquem, Mikesew, A typical trench is 20-30 metres habitat loss, roads also facilitate the Haida-Taku and Platinex cases. in length and 4-5 metres in width. invasion of exotic species, some of Roads are a “normal” part of this which might out-compete indige- A 2007 judgement in Platinex (dis- exploration stage, given the depen- nous plants, resulting in signifi cant cussed elsewhere in this report), dence of modern mining on heavy changes to the ecosystem. Roads required the Ontario govern- equipment. The same is true of also create an “edge eff ect,” consid- ment to fund consultations with exploration drilling, which oft en ered one of the most harmful con- the First Nation and develop a requires considerable site develop- sequences of habitat fragmentation. Memorandum of Understanding, ment in order to accommodate a Forest edge is a zone of infl uence

3.0 Mining and the Environment 31 which causes changes in micro- burn sinter when the wind blew the climate, increased blowdowns, wrong way. The net result is a forty and changes both in competition kilometre “kill zone” downwind of dynamics among plants and in the old sintering plant. The boreal predator-prey relationships among forest in the kill zone was com- birds and animals.162 pletely destroyed, and extremely high levels of arsenic are found in Contaminated Soil the soils in and around the town of The impacts of smelting and refi n- Wawa. ing metals move quickly from smokestack to soil. Over time con- In conjunction with the plant clo- taminants accumulate in the soil, sure in 1998, the Ministry of the making it a storehouse of hazards: Environment undertook studies to arsenic, copper, lead, zinc, nickel assess the extent of arsenic contam- among them. ination of the town and surround- ing areas. Initial estimates put the There are ten smelters operating resulting cancer risk for residents in the boreal region of Canada, as high as 1 in 10,000.163 Soil arsenic run by Vale-Inco, Xstrata (for- levels exceed the MOE soil cleanup merly Noranda and Falconbridge), guideline of 20 micrograms per HudBay Minerals, Rio Tinto and gram (μg/g) over a large area of Alcan. Others, such as Vale-Inco the fume kill zone.164 in the western and Xstrata’s operations in the half of town, soil arsenic concen- Sudbury basin, also continue to trations consistently exceeded the have an impact on the boreal forest guidelines, approaching 1,000 μg/g through their signifi cant contribu- in the surface soil near the AOD tions to acid rain. gate. All school playgrounds and public parks, however, were found Algoma’s Wawa Operation to have soil arsenic levels below Algoma Steel’s sintering plant in the 20 μg/g clean-up guideline. The Wawa has ceased operations in the 1 in 10,000 cancer risk identifi ed southern reach of the boreal, but in initial assessments as resulting its impacts will be in the soil and from arsenic contamination was waters of the Lake Superior basin 100 times higher than the risk level far into the future. used by the Province to set regula- tions.165 A study of arsenic uptake The Algoma Ore Division (AOD)’s into fi rewood identifi ed elevated sintering plant combined ore from levels of arsenic in local edible the George McLeod Mine with mushrooms, and warned against “reverts,” iron-bearing wastes from their consumption.166 steelmaking. The materials passed over fl ames on a conveyor to form Two subsequent studies served to the raw material for Algoma’s Sault downplay the obvious concerns Ste. Marie, Ontario blast furnaces. over the arsenic contamination. Massive amounts of sulphur and The fi rst study was conducted in arsenic were spewed into the air. September 2000 and included per- sonal interviews and urine samples The Ministry of the Environment’s of 184 residents, distributed rela- control order specifi ed a “zone of tively equally across the three dif- control,” which meant that Algoma ferent zones which delineate diff er- Ore Division was only required to ent degrees of contamination. The

control SO2 when the wind was conclusion: “This study did not pro- blowing towards the town, and duce evidence that Wawa residents that the company wasn’t allowed to are at an increased risk of cancer

32 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest due to exposure to arsenic.”167 Abandoned Mines time and varying by jurisdiction. While defi nitions vary, abandoned Historically, mines became aban- A study of plant uptake of arsenic mines are most consistently defi ned doned because there was no legis- found that symptoms of arsenic as those mine sites where the mine lative mechanism to prevent them toxicity could not be induced in a operator or exploration company from becoming so, and not enough sensitive plant species at arsenic has ceased or suspended indefi - understanding of the physical and concentrations up to 533 μg/g, nitely their activities, be that explo- environmental hazards involved. which was higher than all but a few ration, mining or mine production, of the most contaminated residen- without rehabilitating the site.170 In the fi rst few years of World War tial Wawa residential properties. Some parties make a distinction II, mining was frequently driven by The study concluded that the form between abandoned mines, those the war eff ort. The federal govern- of arsenic in the soil in Wawa “must being all mine sites in the condi- ment operated Ontario’s more noto- be very insoluble and therefore tion just described, and orphaned rious abandoned mine, the Kam biologically unavailable” making mines, abandoned mines for which Kotia near Timmins, as a source of the risk from elevated soil arsenic an owner cannot be identifi ed. copper, and gold mining was classed concentrations in the soils of Wawa as a “war industry,” with gold pro- “very low.” The ultimate conclu- Abandoned mines create a number duction essential to Canada’s fund- sion of this study was, therefore, of problems, including public ing of the war eff ort.173 There were that there were to be no restrictions health and safety concerns and no rules in place to require clean- to the “normal use” of residential environmental hazards. These up, and, over the decades, many properties in Wawa.168 problems stem from both physi- records were lost or destroyed that cal and environmental hazards. would have matched owners with Similarly disturbing results have Physical hazards are related to sites. Through legislative and regu- emerged in the few studies that abandoned mines, including open latory developments during the have been done of soil contamina- pits and shaft s, trenches, dam col- 1980s and ‘90s, rules were slowly tion in the shadow of other stacks, lapses, and ground subsidences, developed to require companies to such as the Horne Foundry in when an underground mine col- clean up aft er themselves, and to Rouyn-Noranda ( discussed in the lapses, creating new pits and open- put aside funds in order to do so. overview of mining in Québec) ings from surface to underground. The eff ectiveness of the rules are or the operations of Hudson Bay Environmental hazards include still unproven in several cases. Minerals, as well as operations acid mine drainage, metal leaching, found south of the boreal such as and contamination from process In 1999 and 2000, the establish- in Sudbury, Falconbridge, and Port agents, fuel and other pollutants ment of a multi-stakeholder work- Colborne. that may have been left on site. ing group to address the issue of abandoned mines in Canada was Soil contamination does not occur Cost estimates vary, but a conserva- proposed to the Intergovernmental solely as a result of air emissions that tive estimate in the mid 1990s placed Working Group of Mines Ministers, fi nd their way to the soil. According the price to clean up all abandoned and a national workshop on aban- to an Environment Canada report mines in Canada at $6 billion or doned mines – supported by the prepared under the Canadian higher.171 More recently, the federal Mines Ministers – was held in Environmental Protection Act, the government estimated that the cost 2001. Following the recommenda- highest reported concentrations of for cleanup of abandoned mines in tion of that workshop to the Mines arsenic in surface waters in Canada the northern territories alone would Ministers meeting, the National were found in lake water samples be $555 million. As the federal Orphaned/Abandoned Mines collected in the Yellowknife area, Commissioner of the Environment Initiative (NOAMI) was launched an area well known for its high pro- and Sustainable Development and a multi-stakeholder advisory fi le arsenic problems due to gold noted in her 2002 report, long-term group, including industry, govern- mining dating back to the 1940s. site management will be needed ment, First Nation and environmen- In the mid-1970s concentrations in many cases because complete tal organizations – was established. ranging from 0.700 to 5.5 ppm of and defi nitive cleanup will not be arsenic were reported in two small possible.172 In the ensuing years, NOAMI has Yellowknife area lakes – Keg Lake established a number of task groups and Kam Lake – the lakes most Mines become abandoned for a (Information Gathering/Inven- heavily impacted by mining.169 variety of reasons, changing over tory, Community Involvement,

3.0 Mining and the Environment 33 Cobalt Mining Camp Arsenic

In the town of Cobalt in north-eastern Ontario the rush to mine the deposits of silver and other metals in the early 1900s, combined with early mining practices and lack of knowledge about environmental protection at the time, led to massive deposits of waste rock, mine tailings and refi nery wastes throughout the actual Town of Cobalt and residential areas of Coleman Township, as well as in and around area lakes and nearby former mine and mill sites.

In 2005, the Medical Offi cer of health issued a public health advisory, cautioning against any use of Cobalt Lake for swimming, body contact recreation, or fi shing. In May 2007, a similar public health advisory was issued for the nearby Crosswise Lake. The water of Cobalt Lake has been found to have levels of arsenic averaging around 0.720 ppm. By comparison, the interim Provincial Water Quality Objective for arsenic in surface waters is set at 0.10 ppm, in order to protect aquatic life. Aside from these health advisories, there are no plans to remediate arsenic-contaminated water bodies. or to clean up other affected sites in the area.

In addition to impacts on Cobalt and Crosswise Lakes, the surface waters in Cobalt contain some of the highest concentrations of arsenic in water anywhere in Canada. Arsenic occurs in all lakes and streams in the Cobalt area. A typical background level of arsenic would be 0.004 parts per million (ppm) in Sasaginaga Lake, the source of the Cobalt town water supply. The Ontario Provincial Water Quality Objective for arsenic is exceeded in all lakes and streams sampled in the area except Sasaginaga Lake.

In studies done between 1991 and 1997, the highest concentrations of arsenic in surface water in the Cobalt area were in streams draining the tailings from the Nipissing low grade mill (average of 5.340 ppm in 6 samples) and the Nipissing high grade mill (average of 17.867 ppm in 8 samples).

Not only are the concentrations of arsenic in the surface waters around Cobalt high, but the total amount of arsenic released is also high. The Cobalt Mining Legacy website quotes data which show that the Cobalt area is one the largest sources in Canada of releases of arsenic to surface water. Estimates of the amount of arsenic released each year into Lake Temiskaming range from 10,000 to 18,000 kilograms. These estimates are based on measured concentrations of arsenic at a location in Farr Creek near North Cobalt, and the measured fl ow rate of the creek at the same location.

To put this amount in perspective, this means that more arsenic is being released from the mines around Cobalt than was released from all of the metal mines operating in Canada in 2003 put together, according to data reported to Environment Canada under Canada’s Metal Mining Effl uent Regulations.

Although there is less published data on soil contamination in the Cobalt area, the Ontario Ministry of the Environment has been carrying out soil sampling over the past several years. An interim soils report and Screening Level Human Health Risk Assessment prepared by MOE toxicologists, which summarize some of the MOE work to date, have confi rmed that acute health effects may be experienced by visitors to 4 sites on the Heritage Silver Trail, a local tourist attraction, following short-term exposure to soils and tailings at these 4 sites.174

In the Cobalt mining camp situation most of the former industrial sites are private property, formerly owned by Agnico-Eagle Mines Limited. Agnico–Eagle sold these lands in 2007, and it is unclear if the former or current property owners will be required to carry out remedial work to deal with the historical legacy of environmental contamination in the one-time thriving boom town.

34 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Legislative and Institutional Bar- Ministers concerning collaborative territorial level before real success riers to Collaboration, Funding approaches and partnerships in can be claimed in addressing the Approaches, and Guidelines to the implementation of remediation many challenges posed by aban- Legislative Review), has held three programs for orphaned and aban- doned mines.175 major workshops (Workshop to doned mine sites in Canada. Explore Best Practices in Winnipeg, 3.2 Impacts on Water October 2006; Assessing Liabilities In 2005, the Ministers agreed to and Funding Options, Ott awa, support the ongoing activities of Acid Mine Drainage and Metal November 2005; and Legal and NOAMI as outlined in its detailed Leaching Institutional Barriers to Collabora- workplan, as long as human and A major feature of mining is that it tion Workshop, Ott awa, February fi nancial resources permit. In par- produces an extremely high volume 2003) and has published several ticular, the Mines Ministers have of waste: waste in the form of rock, reports, including the following: agreed to encourage their respec- or rock that has been crushed into • Rehabilitating Abandoned tive Federal/provincial/territorial “fi nes” at the mill and rejected, Mines in Canada: A Toolkit of offi cials to participate in NOAMI called tailings. A typical Canadian Funding Options, activities, and agreed to the devel- metal mine rejects 42% of mined • Cowan Minerals Ltd., 2006; opment of a portal site for a national material as waste rock, 52% as tail- • Capacity Building for a National inventory of inactive mine sites. ings, 4% as slag with the remaining Inventory of Orphaned/ They have also recommended the 2% comprising the “values” for Abandoned Mines in Canada, development of policies/legislation which the ore was mined • Cal Data 2005; with respect to orphaned/aban- • Best Practices in Community doned mine-site remediation. Many Canadian base metal, pre- Involvement: Planning for and cious metal and uranium mines Rehabilitating Abandoned and Participants in NOAMI’s inaugural work with rock that contains Orphaned Mines in Canada; workshop in 2001 held the view metal sulphide mineralization.176 • Lessons Learned on Community that with adequate resources and Crushing rock and grinding ore Involvement in the Remediation resolve, signifi cant progress could into tailings exposes huge quanti- of Orphaned and Abandoned be made in the assessment, char- ties of waste rock materials to air Mines – Case Studies and acterization and remediation/recla- and water. When metal sulphides Analysis, 2003; mation of orphaned and abandoned in waste materials are exposed to • Potential Funding Approaches mine sites within 5-10 years. both oxygen and water, there is for Orphaned/Abandoned potential for a reaction process that Mines in Canada, Castrilli and Several of the provinces have made generates sulphuric acid. The acid C.N. Watson and Associates, some commitment towards the dissolves metals in leachate as it 2003; and remediation of at least a short list passes through the waste materi- • Barriers to Collaboration: of high priority abandoned mines, als. This phenomenon is known as Orphaned/Abandoned Mines and NOAMI has made some impor- Acid Mine Drainage, or AMD. The in Canada, Castrilli, 2002. tant contributions, particularly severity of the reaction depends in terms of developing a body of on the concentration of metal sul- The NOAMI steering committ ee related literature and a consensus phides and other mineralization reports to the Mines Ministers at on the need for action among the in the rock. Predicting the poten- their annual meeting each fall, various stakeholders and govern- tial of Acid Mine Drainage /Metal including updates on action plans ments. Signifi cant steps have also Leaching (AMD/ML) from mine and recommended next steps. been taken towards the creation of waste is a complex exercise that a national inventory. involves estimating both the pres- The committ ee’s role is to assess ence of acid-generating sulphides key issues and put forward rec- However, much remains to be done and any buff ering materials in the ommendations to the Mines at both a national and provincial/ rock that could counter the acid-

“...The infl ux of untreated acid mine drainage into streams can severely degrade both habitat and water quality, often producing an environment devoid of most aquatic life and unfi t for desired uses. The severity and extent of damage depends upon a variety of factors, including the frequency, volume, and chemistry of the drainage, and the size and buffering capacity of the receiving stream” (Kimmel, 1983) 3.0 Mining and the Environment 35 Receiver gets extension on generating eff ect. aluminium, and manganese are the Faro mine contract most common heavy metals which CBC North Radio Apr 2 2004 When acid mine drainage lowers compound the adverse eff ects of the pH of the water, it makes it mine drainage. The metals are gen- WHITEHORSE – Federal more acidic and more corrosive. erally less toxic at neutral pH. Trace authorities say they need more Impacts range in severity, with metals such as zinc, cadmium, sele- time to come up with a cleanup toxicity dependent on discharge nium and copper, which may also be plan for the Faro mine. volume, acidity, and concentration present in mine drainage, are toxic It costs $10 million a year just of dissolved metals. The pH is the at extremely low concentrations to maintain the Faro mine in its most critical component, since the and may act synergistically to sup- present state. lower the pH, the more severe the press algae growth and aff ect fi sh In the meantime, the company potential eff ects of mine drainage and benthos (seabed organisms). looking after care and on aquatic life. If the pH is low maintenance of the property has enough, the water body will be Some fi sh, such as brook trout, are been granted a fi ve-year licence unable to support many forms of tolerant of low pH, but the addition to continue. aquatic life. The overall eff ect of of metals decreases that tolerance. The ‘water use licence’ was mine drainage is also dependent In addition to dissolved metals, signed off this week by Premier on the fl ow (dilution rate), and the precipitated iron or aluminium buff ering capacity of the receiving hydroxide may form in streams Dennis Fentie. 177 The licence instructs the court- water body. receiving mine discharges with appointed receivers, Deloitte elevated concentrations of metals. and Touche, on how to continue Acid mine drainage with elevated Ferric and aluminium hydroxides looking after the property. levels of metals can have a devas- decrease oxygen availability as David Sherstone heads the tating eff ect when discharging into they form. The precipitate may federal team working on a fi nal headwater streams or lightly buff - coat fi sh gills and body surfaces, abandonment plan for the Faro ered water bodies. Like many other smother eggs, and cover the stream mine. He says they are still pollutants, acid mine drainage can bott om, fi lling in crevices in rocks, determining to what extent the cause a reduction in the diversity and making the substrate unstable and abundance (total numbers) of and unfi t for habitation by benthic property should be cleaned up. 180 “The estimates have run macroinvertebrates and changes in organisms. anywhere from $125 million to community structure. Most organ- well over $200 million,” he says. isms have a well defi ned range of AMD/ML may not start for decades “Until you choose the criteria and pH tolerance, but when the pH or more, and it can persist for hun- standards you are going to clean falls below that range, the eff ect dreds to thousands of years. There up to, and until you then go back can be lethal. The primary causes are Roman mine sites in the United and look at the various methods of fi sh death in acid waters is loss Kingdom that continue to gener- of sodium ions from the blood and ate acid drainage 2,000 years aft er and options that are out there, it 181 will be another year or two until loss of oxygen in the tissues. Acid mining ceased. There is great we have a good handle on what water also increases the permeabil- uncertainty around predicting rates the abandonment costs will be.” ity of fi sh gills to water, adversely of acid generation and the time aff ecting gill function.178 it will take to exhaustion. Many Care and maintenance costs for mines do not undertake a proper the Faro mine average about $10 Acidic waters typically have fewer assessment of AMD/ML potential at million per year, with the federal species, due both to the direct eff ects site. Technologies for dealing with government covering all costs. of low pH levels on aquatic life, and AMD/ML exist, but at present there The new water license for Deloitte to eff ects on the food chain. Studies is no solution that allows a walk and Touche runs until 2009. have shown that direct eff ects of away. A mine that is generating or low pH on aquatic life are more has the potential to generate AMD/ critical than indirect eff ects on their ML must be monitored and treated food sources.179 in perpetuity.

Leaching metals can increase the Treating discharges at acid generat- toxicity of mine drainage and also ing and metal leaching mine sites is act as metabolic poisons. Iron, usually accomplished by countering

36 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest the acidity of the effl uent and by modelled. Forecasts of climate While acid mine drainage tends to precipitating the dissolved metals. change in the mid 1990’s predict receive most of the att ention, the It is costly to treat discharge and to a reduction in precipitation in the primary source of concern should properly manage the toxic sludge Great Lakes Basin of up to 25%.182 be the dissolved metals which are that is precipitated from the effl u- Such a major reduction in precipi- released through metal leaching. ent in the course of treatment. At tation may seriously interfere with Leaching is not reliant on the pres- the Geco and Wilroy mines, owned maintaining water covers over ence of acid, though it is exacer- by Noranda Minerals Inc. near tailings. bated by acid conditions. Signifi cant Manitouwadge, Ontario, an esti- metal leaching can also happen in mated 90 cubic feet per minute of Acid mine drainage / metal leach- neutral or alkaline drainage condi- water discharge will require long ing is the mining industry’s greatest tions.186 While the solubility of alu- term treatment, at substantial cost, environmental liability. As of 1994, minium, iron and copper is greatly into perpetuity. federal estimates of clean-up costs reduced in neutral pH drainage, for acid mine drainage at existing elements such as antimony, arsenic, There are means of preventing mines were between $2 billion and cadmium, molybdenum, selenium AMD/ML, primarily by isolating $5 billion.183 and zinc remain relatively soluble the potentially acid generating and can occur in signifi cantly high material from oxygen and/or water, An estimated 20% of the 13 billion concentrations.187 for example, by either fl ooding tonnes of mine waste existing in mine waste to create a water cover Canada as of 1994 is acid produc- The rocks determine what the or by constructing a dry cover. ing or potentially acid producing.184 contaminants will be. In Labrador, Where water covers are used, regu- A 1995 report estimated the cost the iron ore mines are a signifi - lar inspections must be done as of treating acid mine drainage at cant source of manganese. In the part of long term monitoring, and $194 per hectare of tailings or $194 Selwyn Basin mineral deposit to ensure the stability of dams that per tonne of waste rock, with a net that runs through Kaska Dene contain the tailings. Perpetual care estimate of $3 to $4 billion for the Territory in Northeastern BC and will likely be required to maintain treatment of the inventory of acid- the Southeastern Yukon, the major the containing structures. As noted generating materials at Canadian concerns from the zinc ores are previously, many tailings dams mine sites in 1994.185 lead, selenium, and mercury con- have failed due to weaknesses in tamination. Many gold deposits are construction or from overtopping, The costs of acid mine drainage in arseno-pyrites which can release sometimes because the spillway treatment are very site-specifi c. arsenic and/or aluminium into is inadequate, sometimes when They are largely determined by the waters. beavers dam in the area, and some- acid-generating potential of the rock times when perma-frost melts. combined with the rock’s own buff - Polluting Process Agents ering capacity plus local conditions In addition to the water quality Mines frequently plan to fl ood their and containment options. While no problems related to acid mine impounded mine tailings at clo- recent estimates are available, one drainage and metal leaching, water sure, thereby blocking the exposure could make a general approxima- quality is also impaired by the of the tailings to air and preventing tion based on three factors: the treat- group of chemicals used in the pro- onset of AMD/ML. In engineering a ment costs cited above, the estimate cessing of ores. A 1995 EPA study water cover to fl ood these tailings of 20% of mine waste being acid- of mines showed that in 70% of the impoundments, it is necessary to generating, and an estimate of the cases studied, surface water became model a range of weather condi- volume of waste rock and tailings contaminated, while for groundwa- tions (e.g. periods of drought) and generated each year. Between 1994 ter it was 65%.188 While water can to account for the eff ect of weather and 2004 an average of 264 million become polluted from a variety of on maintenance of the water cover. tonnes of ore was mined in metal other means – acid mine drainage However, in engineering water mines in Canada. Using this very from waste rock and tailings and covers for the Shebandowan, Hemlo approximate basis for calculating fuel spills, for example – effl uents and Winston Lake mines in the the costs of treating Canada’s cur- from the mine and mill are perhaps boreal region of the Lake Superior rent inventory of acid-generating the greatest source of contamina- Basin, the predicted eff ects of cli- mine wastes, a contemporary esti- tion. Key culprits include cyanide, mate change were not accounted mate would be in the range of an ammonia, chlorine, hydrochloric for when weather conditions were additional $10 billion. acid, and sulphuric acid.189

3.0 Mining and the Environment 37 Cyanide Cyanide is used to extract gold from BYG Mt. Nansen Mine - Horror Show in the Yukon ore, either through heap leaching of low-grade gold deposits, or as one BYG brought the sulphur dioxide water treatment system over from of a series of conventional methods, Ketza River mine site (leaving the Ketza site without a means to treat which generally include gravity, their effl uents) but never effectively ran the system at Mount Nansen. cyanidation and carbon-in-leach Pipes frequently froze and split resulting in the treatment facility shutting processing. down. The ore is ground, exposed to a There was no geologist on site, so blending of the ore was haphazard cyanide solution; the cyanide dis- and excessive cyanide was used for extracting the gold. Over time solves the gold into the solution, BYG began to extract ore below the oxidized zone, cutting in to the high and the gold is then removed from sulphur content ore (this should have required a new Yukon Territory the solution, through a second Water Board (YTWB) hearing and water licence). chemical process. This process may be adsorbing the solution to carbon In August 1997, Little Salmon Carmacks First Nation and the Village of through a “carbon-in-pulp” pro- Carmacks expressed concerns about the environmental impact of the cess, or through the Merrill-Crowe Mount Nansen mine. process, which removes precious metals from a cyanide solution by February 3, 1998 BYG applied for an emergency amendment to its water zinc precipitation.190 licence and was granted a sixty day exemption from the requirement to pass the LC50 test due to the upcoming spring thaw and concerns about Heap leaching has also been used dam stability. The Yukon Conservation Society (YCS) had opposed to extract gold from low-grade this exemption because the effl uent was extremely toxic and because deposits, and is a common practice BYG was not active in trying to lower with the high water levels in the of Canadian mining companies in tailings pond. YCS felt that BYG was in a situation of grave concern not their operations outside Canada. In because of unforeseen occurrences in weather, but because they had Canada’s boreal, only the Brewery ignored their responsibilities in managing the mine site. Creek operation has used heap leaching in recent times, and it has In March 1998, a public interest hearing was held as follow up to the ceased mining and had processed concerns expressed by the First Nation and the Village of Carmacks in all stockpiles by the end of 2002.191 1997. The Golden Bear Mine in north- In May 1999, Territorial judge Heino Lilles imposed the maximum fi ne eastern British Columbia also of $100,000 for each of three charges under the Yukon Waters Act had a heap leach operation, until because the company showed an attitude of “raping and pillaging the its closure in 2001. A third heap Yukon” and a “considerable disregard for its legal obligations.” There is leach located 25 kilometres north little evidence of any diligence or reasonable care. The charges were: of Amos, Québec was operated by 1. Failure of LC50 test. With samples taken by Environment Canada Sphinx Inc. in the early ‘90s, but the from the polishing pond decant pipe on October 16, 1997, all the fi sh operation was suspended due to died within 24 hours. Also, zinc was 4 times higher than the allowed low gold recovery.192 limit in the water licence. 2. A report containing chemical analysis of samples of tailings and Low-grade copper deposits are effl uent to determine the effectiveness of the proposed methods for also heap-leached, but sulphur, long term arsenic stabilization was not fi led. not cyanide, is used to spray the 3. Total cyanide concentrations in the tailings pond were analyzed and ore-heaps and dissolve the copper. exceeded the maximum allowed (25mg/L). These levels were generally This method is proposed for the found to be 40-80mg/L and several as high as 180mg/L. Carmacks Copper Mine in the Yukon.193 Maintenance costs over $2 million per year, and the estimated reclamation bill would be $8-10 million. Securities available for the site Cyanide can be extremely toxic were $400,000. to some organisms, and can have an adverse eff ect on fi sh, plants,

38 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest wildlife and humans. Cyanide Ammonia concentrations can aff ect and dioxins.201 Organochlorines are is readily absorbed by the skin, hatching and growth rates of fi sh; persistent in the environment, and inhaled or swallowed; cyanide suf- changes in tissues of gills, liver, and are cancer-causing, either directly focates humans by blocking the kidneys may occur during struc- or by increasing the cancer-causing transfer of oxygen across cell walls. tural development.198 At relatively eff ects of other chemicals. Very small amounts of cyanide, 10 low concentrations, ammonia in micrograms per litre (μg/L), can un-ionized form can interfere with Hydrochloric acid is used to lower permanently aff ect a trout’s abil- fi sh reproduction and hamper pH, and can produce acute eff ects ity to swim, while 100 μg/L can be normal growth and development. on freshwater aquatic organisms lethal. Chronic exposure may aff ect At higher levels it can kill fi sh.199 below pH 5. Chronic exposure reproduction.194 Typical levels of of fi sh to hydrochloric acid has cyanide in mill discharges prior to Ammonia is contributed to local resulted in abnormal behaviour treatment range between 25 and streams and lakes because of its and deformed fi sh at pH 4.5 and 250 μg/L, with the cyanide being use as a process reagent, from 5.2, but not at pH 5.9. Reproduction present as free cyanide or cyanide the breakdown of cyanide wastes is impaired at pH values less than complexes.195 into ammonia, and from unspent 5.9.202 Sulphuric acid interferes with ammonium nitrate explosives. fi sh’s ability to take in oxygen, salt While cyanide breaks down quickly, Large mines may have explosives and nutrients needed to stay alive. particularly when exposed to sun- factories on- site which will use It also lowers pH, which in turn light, it breaks down into a variety ammonium nitrate to make explo- throws off the balance of salts in of new compounds, including some sives for blasting. There are dangers the fi sh tissue, adversely aff ecting which can be harmful. Free cyanide in terms of storage and handling on reproduction. These impacts are in – cyanide before it has broken down site, in transportation to the mine, addition to those already discussed – is highly poisonous to humans, and in disposal. in relation to acid mine drainage fi sh and wildlife. The chemical and metal leaching.203 breakdown of many cyanide and The free or un-ionized form of cyanide-related compounds oft en ammonia is toxic to fi sh, especially at Mixing Zones: The Solution to create high concentrations of ammo- high pH and low temperatures.200 Pollution? nia and nitrate.196 Thiocyanates are Mixing zones are an area of lake or compounds that are formed when Other Chemicals river, usually immediately down- sulphur, carbon and nitrogen are Other problem chemicals include stream from an effl uent pipe, in combined. Exposure to cyanide chlorine, hydrochloric acid, and which exceedences of water quality will also expose you to thiocyanate sulphuric acid. Chlorine chemistry objectives are allowed by permit. because cyanide is changed to thio- starts with ordinary salt – sodium Using the old axiom “dilution is the cyanate in your body.197 chloride – but because chlorine is so solution to pollution,” mixing zones reactive, it combines quickly with rely on the assimilative capacity of Cyanide has to be transported to organic matt er to form a variety of the natural environment to absorb and from mine sites, and some of very toxic by-products and wastes the impact of environmental con- the greatest dangers come from called organochlorines the chemi- taminants. Polluted water is diluted truck accidents and train derail- cal link to pollutants such as PCBs by mixing it with the fresh water of ments. There are also serious con- cerns about how this deadly toxin Surface Water Releases of Ammonia in handled at the mine site. There is Facility 1999 2005 an International Cyanide Code that has been developed by the mining Hudson Bay Mining & Smelting Ltd. industry that sets out rules for the Flin Flon, MB 13,780 kg 26,173 kg handling and transportation of Sleeping Giant Mine, Cambior Ltd. cyanide. Unfortunately, the code is Amos, QC 25,728 kg 7,249 kg voluntary. Falconbridge Ltd Kidd Metallurgical Div Timmins, ON 26,385 kg 12,076 kg Ammonia Rabbit Lake Mine, Cameco Corporation Ltd. Toxic concentrations of ammonia in Saskatoon, SK 14,580 kg 14,100 kg humans may cause loss of equilib- Facilities selected at random rium, convulsions, coma, and death. Source: National Pollutants Release Inventory 3.0 Mining and the Environment 39 a living lake or stream. for Ontario Waters.”

Dilution is a common approach in Both these documents are clear on managing waste water at Canadian the subject of mixing zones and mine sites.204 Most jurisdictions effl uent discharges. They defi ne a across Canada permit the use of mixing zone as “an area of water live water bodies as mixing or dilu- contiguous to a point source or tion zones for toxic effl uent. defi nable diff use source (of effl uent discharge) where the water quality In British Columbia, mine permits does not comply with one or more almost always allow for exceedances of the Provincial Water Quality of Water Quality Objectives for Objectives (PWQO).” some contaminants in water as it leaves tailings impoundments. PWQOs are set at a level of water The federal Metal Mining Effl uent quality which is protective of all Regulations (MMER) does not forms of aquatic life and all aspects permit mixing zones, but it only of the aquatic life cycle during long- addresses seven contaminants. term exposure to the water. (The MMER is discussed under the “federal regulation” in section 5 of Procedure B-1-5 says “a mixing this report.) zone is, under no circumstances, to be used as an alternative to rea- Use of Mixing Zones for Mine sonable and practical treatment [of Discharge Permits – an Ontario effl uent, prior to discharge].” It also Perspective says that any mixing zone must be The Ontario Water Resources Act designed to be “as small as possible” (OWRA) is a provincial instrument and “the dilution of such effl uents, for regulating discharges to water. and thus the use of mixing zones The “general prohibition” set out should be minimized…” in Section 30 of the OWRA is con- sidered a very powerful piece of Although the intent of B-1-5 seems law, in that it states: “every person quite clear, it can give rise to con- that discharges or causes or per- siderable fuzziness when it comes mits the discharge of any material to legally binding permits and of any kind into or in any waters … their enforcement. In practice, if that may impair the quality of the the C of A allows for a monitoring water of any waters is guilty of an station downstream of the effl uent off ence.” discharge point, or any provision for the effl uent to be diluted by Section 53 of the OWRA sets out the receiving water when a legal the requirement that no one may effl uent limit is being established, “establish, alter, extend or replace a mixing zone has been approved. new or existing sewage works What B-1-5 calls “reasonable and except under and in accordance practical treatment” is open to inter- with an approval (i.e. Certifi cate pretation: a discharger would gen- of Approval or C of A) granted by erally prefer that it be interpreted a Director” of the Ministry of the in their favour, so that expensive Environment (MOE.) The rules are effl uent treatment technology can enshrined in two documents: “Water be dismissed as unreasonable or Management Policies, Guidelines, impractical. Provincial Water Quality Objectives of the MOE,” and Procedure B-1-5, A total of 30 Certifi cates of “Deriving Receiving-Water Based, Approval under Section 53 of Point-Source Effl uent Requirements the Ontario Water Resources Act

40 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest issued for Northern Ontario mine all cause erosion.206 deposit of gravel which contains discharges between 1978 and July particles of gold deposits. Placer 2007 were reviewed. Of these, 3 Fish are aff ected directly and indi- mining removes very large volumes approvals (10 %) permitt ed the rectly. If the level of suspended of sediment from stream beds and use of a mixing zone (including solids is high enough, it will kill fi sh stream banks.209 Bulldozers and discharge to natural wetlands) and directly. At lower levels, it can cause backhoes have replaced the pick 3 were unclear, and would make rot in fi ns and retard fi sh growth. and shovel, and a single operation the PWQO diffi cult to enforce.205 At higher levels, it can reduce the can strip tens of thousands of cubic survival rate of young fi sh, cause metres per season. Sediments fi sh to hatch prematurely, or can Sediment aff ects fi sh and fi sh habitat smother fi sh eggs, preventing their Placer Mining in a variety of ways, depending on hatching.207 Only a small proportion of mineral the nature and severity of the sedi- production in the Boreal is placer mentation. It can have an impact on Fish habitat can be destroyed, mining, but the impact can be tre- fi sh, fi sh habitat and food sources. including spawning grounds and mendous, particularly with respect food sources. Suspended solids to fi sh and fi sh habitat. Suspended solids are fi ne particles make the water turbid, which can suspended in water. The degree of also negatively aff ect the fi sh’s abil- The process of placer mining occurs sedimentation is described in terms ity to fi nd food and avoid preda- directly in the streams and rivers, of “total suspended solids” or TSS. tors.208 Turbidity also reduces the and the eff ect on a watershed is Some sedimentation happens natu- amount of light that penetrates dramatic. The romantic image of a rally, especially in mountainous the water, which in turn can lower placer mine is that of an old man glacial streams, as a result of ero- the temperature and reduce plant stooped over a stream, gold pan in sion and other natural processes. growth. Both of these have obvi- hand. The modern reality, however, However, mining activities can ous eff ects on fi sh habitat and food is corporate, huge and mechanized. dramatically increase the amount sources. Current placer mining practices of suspended solids in water. rely on heavy equipment to move Sedimentation or increased tur- tonnes of material from river beds Blasting, the removal of vegetation, bidity is caused by many mining and banks, creating enormous the use of heavy equipment, and activities but placer mining is par- problems with sedimentation. road and bridge construction can ticularly problematic. Placer is a

Permit to Pollute the Groundhog River

In August 2003, Ontario’s Ministry of the Environment approved Falconbridge’s proposal to construct a 15-km pipeline from the Montcalm mine site to dump the contaminated mine effl uent from their new copper-nickel mine into a sturgeon spawning ground in a pristine stretch of the Groundhog River.

Falconbridge projects that the Montcalm Project will produce a total of 5 million tonnes over its 7 years of operations, at a rate of 750,000 tonnes of ore annually. In July 2002, Falconbridge applied to the Ministry of the Environment (MOE) for a permit to construct and operate a mine water treatment system, and to discharge the mine effl uent to the Groundhog River via a wetland and Montcalm Creek. Several months later, Falconbridge withdrew that proposal, and in January 2003 submitted a second application which included their new proposal, which was to send the effl uent into the Groundhog River, either through an 8 km drainage ditch through a provincial park, or via 15 kilometres of buried pipeline to discharge effl uent directly into the Groundhog – into a sturgeon spawning ground.

Falconbridge has one reason for getting their mine effl uent to the Groundhog River: to ensure that the large volume of water in the river mixes with the mine effl uent, lowering the measurable levels of contamination. The Ministry of Natural Resources and the Ministry of the Environment acknowledged that the effl uent would affect the receiving water in general and the sturgeon population in particular. MOE rationalized this by arguing that it could take several years before we begin to see a local decline in the numbers of sturgeon. They said that the decline would be arrested when the project ceased operation, assuming current exploitation levels and habitat conditions are maintained. 3.0 Mining and the Environment 41 This gold mining method is most DFO. Its eff ectiveness is unproven, prevalent in British Columbia and a high degree of training and and the Yukon. The Yukon Placer fi nancial resources will be required The Diavik Mine on Lake Ekati Authorization under Section 35 to properly implement the new (Lac de Gras) of the Fisheries Act allows placer Yukon Placer Regime. Independent mines in the Yukon to discharge studies commissioned by the Yukon Aboriginal people named the sediment levels that are higher than Conservation Society suggest that lake Ekati for quartz veins anywhere else in North America if the Regime is properly imple- found in local bedrock outcrops or New Zealand. Sediments oft en mented, it has potential to achieve resembling caribou fat. Lac de carry elevated levels of metals such ‘no net loss’ and in some cases a Gras is 60 kilometres long, and as arsenic, antimony, chromium, net gain of fi sh habitat in areas cur- averages 16 kilometres wide. cadmium, aluminium and lead.211 rently aff ected by placer mining. If Lac de Gras has a 4,000 square it is not implemented properly, it kilometre drainage area. Lac de In 2003, it was announced that could be disastrous. Gras, with Lac du Sauvage to the the Yukon Placer Authorization northeast, form the headwaters (YPA) would be phased out aft er Water Consumption of the Coppermine River fl owing long-standing concerns about the Mining operations are a major 520 kilometres from western Lac eff ects of mining on the health of industrial user of water. Water is de Gras to the Arctic Ocean. It has freshwater fi sh and salmon in the pumped from open pits and under- a maximum depth of 56 metres. Yukon. Under Section 35 of the ground mines to “dewater” them, Water temperature ranges from Fisheries Act, the old YPA allows in order to allow mining to proceed. 0°C to 4°C in winter and 4°C to “habitat alteration, disruption or Water is used to wash the ore, and 18°C in summer. destruction” for placer mining, and in milling and refi ning processes. standards for sediment levels far Water is also used to slurry tailings The water quality resembles exceed other regulated activities from the mill to the tailings manage- distilled water. Although aquatic (e.g. 200 mg/L in salmon rearing ment areas, and is frequently used productivity is low, lake trout, streams and up to 18,000 mg/L in as a water cover for acid generating cisco, whitefi sh, arctic grayling, some fi sh bearing streams for placer mining tailings. While the mining burbot, longnose sucker, and mining compared with 15 mg/L for industry describes these uses as slimy sculpin are among the fi sh hardrock mines.)212 “temporary,” the fundamental fact the live in the lake. remains that clean water goes in, As of 2008, placer mining will now and contaminated water comes Diavik mines the bottom of the be regulated under the Yukon out. lakebed behind a huge dike and Placer Regime. The Regime is being discharges its mine water, after developed through three phases The mineral sector is ranked as the treatment, back into the lake. of consultation. It is scheduled for fourth largest industrial user of There is increasing concern over implementation for the 2008 mining water, following thermal power, water quality changes. Diavik was season. The government committ ed manufacturing and agriculture. discharging more ammonia than $650,000 in 2007 to develop capac- In contrast to the reductions in permitted under its original licence ity for monitoring new water qual- the manufacturing sector, gross and there were serious concerns ity information and for completing water use by the mineral extraction about the aquatic baseline and its consultation and implementa- sector increased by 8% from 1991 the ability of the current program tion.213 Under the new regime, to 1996. The water recycling rate in monitoring aquatic effects to specifi c standards will be set in the sector declined from 336% to detect changes in water quality. each of 19 separate watersheds and 231% during the same period (this These concerns came to a head monitoring will be carried out on reduced effi ciency in water use during the November 2006 a regular basis. Standards will be explains the increase of 42% in total Wek’ezhii Land and Water Board adjusted to reduce negative impacts water intake.)214 public hearings for Diavik’s water if observed. licence renewal, and the Water In 1996, the mineral extraction Board refused the license until The new Regime involves complex sector had a combined water intake the situation was rectifi ed.210 and highly technical components, totalling 518 million cubic metres, for example, the use of a new risk an increase of 42% from 1991. When management matrix developed by combined with the re-circulation

42 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest of 1,197 million cubic metres, the of the lake that sits atop the kim- currently in storage from a rock sector had a gross water use of 1,715 berlite “pipe” and then some 35–40 volume of over 18 km3, and million cubic metres.215 million tonnes per year of waste pump all the excess recharge to/ rock is excavated from the pits. Any from this zone is so substantial An estimated 78% of the water is fi sh are removed. The 3.4-km Panda that it is diffi cult to comprehend discharged to freshwater bodies, Diversion Channel diverts water its economic feasibility. This large with an estimated 15% is trans- around the Panda and Koala pits cone will largely result as a con- ferred to tailings ponds.216 into Kodiak Lake. Other lakes were sequence of relatively high trans- taken for disposal of processed missivities of the sedimentary In a survey of water-taking per- kimberlite and waste rock. units (i.e., primarily fractured mits for one district in northeast- and karstic limestone) underling ern Ontario, 77% of the permits The Victor Diamond mine in the the site area. In contrast, if the issued within one year were for muskeg of the James Bay lowlands country rock of the kimberlite mining purposes. Not all of the of northern Ontario is unprec- was less transmissive granite or permits included totals or limits for edented in terms of the amount of schist, for example, the size of the the amount of water use permit- water it will have to draw down cone and volume of groundwater ted, but, of those that did, average to maintain the mine pit. Steven to be dewatered would be much water taking volumes was 6.4 mil- Wilbur, a hydrologist, was asked to smaller and have much less of a lion litres per day.217 Some permits comment on the impacts during the consequence.”219 are for much higher volumes. One Environmental assessment for the such was issued to North American project. He stated: There are now emerging concerns Palladium Ltd for their Lac Des Iles “The scale of the proposed about methyl mercury in the water Mine northwest of Thunder Bay, for dewatering is of such a large being extracted to make way for a water taking at a rate of 30 million magnitude and perhaps unprec- the mine. David Lean, a biologist litres per day, for a period of fi ve edented. At this time, I have not at the University of Ott awa, says years.218 researched a database of large that draining the water from the mine dewatering projects, but muskeg and placing it in the river At a national level, the mining and in my experience (at mines and “will indeed result in the contami- metal sector consumes a total of with dewatering-related proj- nation of fi sh with mercury.” The over 2 billion cubic metres of water ects) I have never come across rivers that will be aff ected are prime annually. a dewatering program of this fi shing areas for the residents of scale. The dewatering will create Att awapiskat, 90 kilometres from Dewatering a cone-of-depression by end- the mine site. De Beers itself admits Many mines, both open pit and of-mine that has a surface area that the levels of methyl mercury underground, have to remove radius of infl uence easily much will be doubled by the mine.220 water in order to get at the ore greater than 1950 km2 (assum- bodies. The displaced water may ing the extent being equal to the 3.3 Impacts on Air come from saline aquifers, or be 3-m drawdown isopleth which contaminated with heavy metals. has a radius of approximately 25 The chief sources of air pollution Pumping the water from one area km). This aff ected area is roughly from the mineral sector are smelt- to another, may create a “cone of equivalent to one-third the size ers and metal refi neries, but air depression” and/or interfere with of the province of Prince Edward emissions throughout the mining the water table. Island. If the 1-m isopleth were sequence and across the sector con- considered, the aff ected near- tribute to the mining sector’s nasty Citizens opposing a niobium mine surface area would be substan- reputation as one of Canada’s top near the agricultural area of Oka, tially greater, perhaps another polluters. Québec, were worried that the mine 1.5 times more. In one sense, would lower the water table. it seems that the only reason Greenhouse Gases the dewatering scheme can be While the mines and metals sector The diamond mines in the contemplated is because of the did not manage to get “top ten” bill- Northwest Territories oft en require sparsely populated area of the ing for its greenhouse gas (GHG) the dewatering of entire lakes or Nayshkootayaow River basin. emissions, it occupies a signifi cant portions of them. At Ekati Mine, The long-term costs to create the spot in the “top hundred.” Ten each open-pit requires the draining cone and deplete groundwater smelting or mining facilities hold

3.0 Mining and the Environment 43 that dubious distinction, including emitt er of GHGs within the Algoma Steel’s mills in Sault Ste. industrial processes category Marie, which cranked out close to throughout the reporting period 4 million tonnes of greenhouse gas of 1990 to 2004. emissions in 1995.221 Also topping • Emissions from commercial the million tonne mark were Alco’s fuels sold to the mining sector Aluminerie de Baie-Comeau, Iron (metal and non-metal mines, Ore Company of Canada’s opera- stone quarries, and gravel pits, tions in Labrador City, and QIT-Fer oil and gas extraction indus- et Titane’s smelter (complexe met- tries, mineral exploration and allurgique de Sorel-Tracy). contract drilling operation) tripled between 1990 and 2004, According to Canada’s 2006 with a total of 15,400,000 tonnes national inventory of greenhouse released from this source alone gas sources and sinks, the mineral in 2004. sector is heading in the wrong direction in this respect. The report Heavy Metals and Toxics scatt ers segments of the mineral Smelters are major emitt ers of sul-

sector throughout several diff erent phur dioxide (SO2), carbon mon- categories, making it diffi cult to oxide, nitrogen oxides, particulate ascertain the full extent of the sec- matt er, and other toxics and metals. tor’s (mis) performance, but several These pollutants are released into aspects are clear:222 the atmosphere, which becomes a sink for industrial contaminants. • Mining showed a large increase Although the atmosphere as a in emissions between 1990 whole is kept relatively constant and 2004 – 9.2 million tonnes through a number of self-regula- (about 149%), when excluding tion mechanisms, air emissions can the portion related to oil sands overwhelm natural balances and activities. serious problems are created.223 • Within the manufacturing sector,

which included iron and steel, In Canada, 40% of SO2 emissions non-ferrous metals and mining, come from the mineral sector in the three mining-related sectors 1995.224 By 2002, 47% came from showed no decrease in the GHG the base smelters.225 The leading emissions over the reporting cause of acid rain, sulphur dioxide period, while the mining sector discharged to air also brings a host showed a 149% increase. of other health and environmental • Within the industrial pro- problems. cesses sector, which included Mineral Production and Metal Sulphur dioxide reacts with other Production, and “Other and chemicals to form very fi ne par- Undiff erentiated Production,” ticles, which, once airborne, can the largest single source of lodge in the lungs and cause emissions in 2004 was Metal infl ammation and damage to tis- Production, with over 17 million sues. Recent studies have identifi ed tonnes of emissions. The “Other strong links between high levels & Undiff erentiated Production” of airborne sulphate particles and category, which includes the use increased hospital admissions for of petroleum coke for anodes in heart and respiratory problems, metal production, accounted for as well as higher death rates from the largest increase in emissions these ailments.226 (about 45%) since 1990. • Metal production was highest Recent studies in the United

44 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Kingdom have concluded asth- to low doses of arsenic have been for its two smelters – the HudBay matics may experience symptoms shown to cause cancer and nervous smelter in Flin Flon and CVRD-Inco including tightness of the chest, disorders in humans. Mercury and in Thompson – which sets the level coughing and reductions in lung cyanide are both highly toxic, even for SO2 at 0.34 ppm. The two opera- function when exposed to hourly in small doses. Some pollutants, tions, combined, account for 95% average concentrations of sulphur like lead, are not toxic to plants, of the sulphur dioxide emissions in dioxide at the upper end of the but they bioaccumulate in plants, Manitoba.234 range from 0.125 ppm to 0.4 ppm.227 and aff ect the health of organisms

For long-term exposures, SO2 levels further up the food chain. Many, Xstrata’s Horne smelter produced above 0.15 ppm have been linked like chromium or manganese, are more than 550,000 tonnes of sul- with increased hospital admissions essential nutrients at low levels, but phuric acid in 2000 as a by-product for cardiac or respiratory diseases. very harmful at higher levels. Zinc, of their SO2 control programs. Exposures to levels of 0.027 to 0.031 the biggest toxic output from the Xstrata recently announced plans ppm with high levels of particulate Flin Flon smelter, is acutely toxic for an additional 10% reduction matt er have been associated with to fi sh, very harmful to humans, in their sulphur dioxide emissions increases in respiratory illness in and reduces growth and vigour in from their current level of 80,000 children.228 An Ontario Ministry of plants.231 Cadmium has been shown tonnes per year. Xstrata’s Kidd the Environment report concurs to cause “britt le bone” syndrome, Creek Metallurgical Site reduced that exposure to SO2 at levels in and nickel is a known carcinogen. their sulphur dioxide emissions by the rage of 0.1-0.5 ppm and above 25% in 2000,235 to 4,090 tonnes.236 for periods as short as 5 minutes Canadian mining smelters released can adversely aff ect asthmatic more than 2.3 million pounds of In Ontario the regulatory limit is individuals.229 heavy metals in 1998, including arse- 0.25 ppm, although the Sudbury nic, mercury, lead, cadmium and basin smelters both operate under a In addition to deleterious eff ects nickel compounds.232 Throughout control order that allows double the on human health, high levels of the late 1990s, 6 smelters operated regulatory limit to be discharged. SO2 emissions are also harmful to in Canada’s Boreal region dumped Even the 0.25 ppm is very permis- the natural environment, resulting 1.24 million kilograms of toxic sive when compared to other stan- in plant stress, reduced growth, heavy metals and 45 tonnes of dards internationally, such as the and damage to leaves and needles. toxic gases into the air each year.233 limit of 0.100 ppm on a 15 minute Jack pine, considered a moderately Hudson Bay Mining and Smelting average set by the U.K. Expert Panel sensitive species, has shown injury (HBMS)’s operation in Flin Flon on Air Quality Standards.237 following a 2 hour exposure to 0.25 was the largest single contributor ppm; a one hour exposure at 0.25 in 1999, spewing out 245 tonnes of Radon ppm has been shown to injure bego- zinc, 173 tonnes of lead, 132 tonnes Uranium minerals are always asso- nias; a four hour exposure at the of copper, 26 tonnes of cadmium, 19 ciated with more radioactive ele- same level has damaged broccoli.230 tonnes of arsenic, and one and a half ments such as radium and radon in tonnes of mercury. Other notables the ore. Therefore in addition to the Every contaminant goes some- included Noranda’s Horne smelter radioactivity of the uranium itself, where. Heavier particulates and with an output of over a hundred other elements of the ore are also metallic dusts sett le close to their tonnes of lead, 144 tonnes of copper, radioactive. source, while fi ner dusts and gases and 69 tonnes of arsenic. go further afi eld. Heavy metals are Uranium mine tailings include deposited in the soil and plants In 2002, the base metals smelting most of the original ore and most absorb them and transfer them up sector released 153 tonnes of arse- of the radioactivity in it. In par- into the food chain. Air-borne par- nic, 196 tonnes of lead, and 258 ticular they contain all the radium ticulates enter the lungs. tonnes of nickel to the air, which that was present in the original ore. was 76%, 88% and 54% of the When radium undergoes natural Some of the pollutants released from Canadian totally, respectively. The radioactive decay one of the prod- smelters are toxic at even very low sector also released 669,967 tonnes ucts is radon gas. Because radon levels. Arsenic can be acutely toxic of sulphur dioxide, which was 47% and its decay products (daughters) at even low concentrations, causing of the Canadian total. are radioactive and because the reproductive and behaviour abnor- tailings are now on the surface, malities in birds, Chronic exposure Manitoba has a regulation writt en radon gas is a major release to air

3.0 Mining and the Environment 45 Smelter tops national pollution lists Jonathon Naylor, Staff Writer, Northern Visions Gazette, 10/15/2007

The HBMS smelter has risen to the top of the national list of arsenic, mercury and cadmium polluters, reigniting demands for tougher government regulations.

According to the federal government’s National Pollutant Release Inventory, the smelter was Canada’s largest emitter of those metals and the second-largest producer of lead and sulphur dioxide in 2006.

Emissions reductions are warranted ASAP, said Dr. Elaine MacDonald, senior scientist with Ecojustice, a Toronto-based environmental advocacy organization.

Dr. MacDonald said arsenic, cadmium and lead are known carcinogens, while mercury is a toxicant that can harm developing children. Sulphur dioxide, in high enough concentrations, is a respiratory irritant.

We’re not talking about chemicals to be taken lightly, said Dr. MacDonald.

The National Pollutant Release Inventory, or NPRI, shows the smelter produced 25,899 kilograms of arsenic last year. That was only slightly ahead of the Copper Cliff smelter in Ontario, which was second on the list.

The difference was far more drastic when it came to cadmium. The smelter’s 28,663 kilograms of that element were 11 times more than the Kidd metallurgical site in Ontario, which was number two.

There was also a sharp contrast between fi rst and second place for mercury. HBMS’s 912 kilograms were nearly triple the amount produced by the Sundance generating facility in Alberta.

With 61,048 kilograms of lead, HBMS was behind only the Falconbridge plant in Québec in that category.

The Flin Flon smelter also spewed 195,381 metric tonnes of sulphur dioxide into the air. That was slightly behind fi rst place Husky Energy plant in Alberta, and only marginally ahead of the INCO smelter in Thompson, which was third.

In terms of emissions of arsenic, lead, mercury and cadmium, Dr. MacDonald said HBMS leads the pack not only in Canada, but across North America.

Alan Hair, vice-president of metallurgy, safety, health and environment for HBMS, said the emissions fi gures are no secret and the company is working to improve the situation. “Its not the top of the charts that we want to be top of, and that’s what we’re working towards (changing),” he said.

Hair pointed out that smelters generally occupy the top spots in the NPRI because of the nature of the work involved. He said HBMS’s rise to the top in some areas is not an indication the local situation is getting worse, but that other smelters are getting better at controlling pollution.

While HBMS has invested millions to clean up its operations over the years, Hair said there is more to do with Ottawa set to enforce stringent new air quality guidelines by 2015 or possibly sooner.

“What we’ve been doing in the last little while is assessing the technologies that are out there,” he said. “We’re moving into the phase of trying to establish the economics and to try and understand what makes sense based on our current business plan and ore reserves.”

46 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Hair said a multitude of emissions reductions techniques are being investigated. To cut down mercury emissions, for example, the company might employ methods to ensure less zinc is processed in the copper concentrate.

Most of the zinc is separated from the copper in an initial concentration process, but the small amounts that remain end up in the copper concentrate, creating the bulk of the company’s mercury emissions.

Sulphur dioxide represents a unique challenge. While levels have declined sharply since HBMS’s $210-million Zinc Pressure Leach Project was implemented in 1993, its not clear how the company might bring those amounts down further.

Hair said the conventional method of lowering sulphur emissions is to capture and convert them into sulphuric acid, which can then be sold for commercial use.

But Flin Flon is far removed from viable sulphuric acid markets, he said, so other options must be considered. One possibility might be to neutralize the sulphur into calcium sulphate and dispose of it.

In any event, Hair conceded that the company has its work cut out for it in the coming years.

It’s technically, and will likely be economically, challenging for us to reach the 2015 targets, he said.

Hair said that while the company is trying to render progress as quickly as it can, it also needs to make the right business decisions.

“It’s not a simple join-the-dots type of scenario,” he said. “It requires a lot of thinking through.”

In light of the NPRI data, Dr. MacDonald hopes Flin Flonners will do some thinking of their own and start asking more questions about what the pollution may mean in terms of their health.

She would like to see the information serve as the catalyst for residents to begin pressing governments to regulate HBMS to reduce emissions further.

Dr. MacDonald said research such as blood tests and an analysis of the dust in local homes should be undertaken to paint a better picture of how much exposure to the toxins residents endure. And she wants government to undertake a comprehensive health study, including a comparison of cancer rates between Flin Flon and other areas of the province.

But Dr. MacDonald does not believe residents should have to wait for a multi-year study to be completed before governments take stronger action.

With HBMS performing so well fi nancially, now is the time to apply pressure on the company to make investments toward emission reductions, Dr. MacDonald added.

3.0 Mining and the Environment 47 About 95% of the radioactivity in and a signifi cant environmental that the uranium tailings deposits 239 the ore is from the U-238 decay concern. existing in the United States in 1983 series, totalling about 450 kBq/kg would cause 500 lung cancer deaths in ore with 0.3% U308 (eg from When Radon-222 gas is released per century, if no countermeasures 242 Ranger). The U-238 series has from a uranium mine, it depos- are taken. 14 radioactive isotopes in secular its solid radioactive dust on the equilibrium, thus each represents ground for hundreds of miles Mitigation about 32 kBq/kg (irrespective of downwind from the mine site. The During the operational life of a the mass proportion). When the Radon-222 and all of its radioactive mine the material in the tailings ore is processed, the U-238 and decay chain products release twelve dam is usually covered by water the very much smaller masses of times as much radiation as is in the to reduce surface radioactivity and U-234 (and U-235) are removed. Uranium-238 itself. The radioactiv- radon emission (though with lower- The balance becomes tailings, ity will be measurable in the area grade ores neither pose a hazard and at this point has about 85% of for more than 100 years aft er the at these levels). On completion of 240 its original intrinsic radioactivity. mine is closed. the mining operation, it is normal However, with the removal of most for the tailings dam to be covered U-238, the following two short- The radon gas emanates from the with a shallow water cover or with lived decay products (Th-234 & rock and tailings as the radium or clay and topsoil to reduce radia- Pa-234) soon disappear, leaving thorium decays. It then decays itself tion levels to “near” those normally the tailings with a little over 70% to (solid) radon daughters, which experienced in the region of the of the radio-activity of the original are signifi cantly alpha radioactive. ore body. In Canada, ore treatment ore after several months. The is oft en remote from the mine that controlling long lived isotope “Radon progeny” is another name the new ore comes from, and tail- then becomes Th-230 which for the radon decay products or ings are emplaced in mined out pits decays with a half life of 77,000 radon daughters. It’s the radon wherever possible, and engineered 243 years to radium-226 followed by progeny rather than radon gas itself dams otherwise. radon-222.238 which delivers the actual radiation dose to lung tissues. The solid air- Some jurisdictions in Canada do borne radon progeny – particularly have special requirements for Polonium 218 and Polonium 214 uranium exploration and mining, - are of particular health impor- and if these were in place across tance because they can be breathed the country and were consistently into and retained in the lungs. It’s applied, the hazard would be the subsequent radiation released reduced considerably. during the next steps of decay that delivers a radiologically signifi cant In British Columbia, wherever dose.241 standard assay results show or are expected to show uranium min- Radon releases are a major hazard eralization in a grade of 0.05%, all that will continue long aft er ura- exploratory drill holes must be nium mines are shut down. The U.S. completely sealed with concrete on Environmental Protection Agency completion of exploration.244 (EPA) estimates the lifetime excess lung cancer risk of residents living In Québec, mine tailings must be nearby a bare tailings pile of 80 stored underwater, or under an hectares at two cases per hundred. adequate layer of clay to ensure their safe management, which helps Since radon spreads quickly with reduce radioactive emanations.245 the wind, many people receive small additional radiation doses. At present there is no requirement Although the excess risk for the by federal or provincial legislation individual is small, it becomes sig- to monitor exploration for uranium nifi cant given the large number of in Ontario.246 people concerned. EPA estimates 48 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest 4.0 Mining and Society other mineral-reliant communi- Local communities bear the brunt of ties of over 10 000 are two mining the environmental and health costs 4.1 Mining Communities in the cities, Bathurst, New Brunswick, during and aft er mining operations, Boreal and Thompson, Manitoba, and the and are oft en ill equipped to protect smelting-smelting city of Kitimat, their interests. The National Roundtable on the British Columbia. Environment and the Economy The number of metal mining jobs in (NRTEE) estimates that 80% of Many of the communities of larger Canada in 2002 was 23,944,253 hav- Canadian mining takes place in size: Hamilton, Greater Sudbury, ing dropped from a 40-year high in the Boreal. They estimate that 80 Sorel, Thetford Mines and Kitimat 1974 of 70,000.254 Even towns with communities in the Boreal rely on are outside the Boreal eco-zones. operating mines have seen their mining or mineral-related activities populations age and dwindle.255 for their economic survival, pro- While mines provide employment In remote communities, other ducing 75% of the country’s iron, and purchase goods and services resource-based economic activities nickel, copper, gold and silver.247 in communities where they are such as farming, fi shing and logging located, the operations are strongly are oft en neglected and damaged According to the Atlas of Canada,248 tied to commodity prices in a cycli- by the pollution from the mine and in all of Canada, there are 185 min- cal market, and mining is heavily smelters, and communities become ing-reliant communities, of which dependent on outside capital and dependent on power grids, chain 88 have a reliance of 50% or greater, external markets, with the corpo- stores and imported goods and ser- and 97 have a reliance of 30 to 49%. rate structure being both physically vices to supply their needs. Mining The economies of these communi- and socially removed from the local is dangerous and destructive work, ties depend either on local mining community. Usually, economic ben- which carries with it a high inci- activity or on metal-processing efi ts related to mining are relatively dence of industrial disease and plants. short-term, given that minerals are accidents – cancers, white hand, non-renewable resources and as silicosis, injuries – which have not The mining-reliant communities such inevitably become exhausted. been dealt with by industry or gov- are spread across Canada. The larg- Even before an ore-body is depleted, ernment. Many mine workers are est numbers are in Québec (78) and the mine may shut down due to unwell or disabled. Saskatchewan (32), although this is low global metal prices, or to share- partly due to the total number of holder att ention and investment In mining communities, services communities in each of these prov- being drawn elsewhere. The result and infrastructure (power lines, inces. Also, in each of these prov- is suspended operations and laid- sewage and housing) are oft en inces, mining sites employ people off workers.249 developed to accommodate the from more than one community. larger population that develops Populations in mining communities around an operating mine. At clo- Ontario has the largest communi- fl uctuate dramatically. For example, sure, when transient workers leave ties (by population size) reliant Flin Flon, Manitoba, lost 26% of the community, those left behind on mining resources, as the tally its population between 1981 and are frequently left to shoulder a includes the large steel-making 1991; Scheff erville, in Québec, lost greatly increased tax burden as a cities of Hamilton and Sault Ste. 85%; and Saskatchewan’s Uranium result of the community carrying Marie, and also Canada’s largest City lost almost it’s entire popula- the costs of oversized and aging mining centre, Greater Sudbury. tion going from 2,500 to fewer than infrastructure.256 In addition, health 100.250 In 1898, the Klondike Gold and environmental impacts from Most of the other communities Rush saw 25,000 people crowd- the mine may reduce a community’s of substantial size (over 10 000 ing into Dawson City and the sur- investment appeal to other sectors. population) are in Québec: these rounding territory, but by the early These factors, singly or in combina- include the aluminium-smelting 1900’s most had left .251 As a general tion, oft en leave mining communi- cities of Chicoutimi, Jonquière and observation, mining operations do ties – or formerly mine-dependent Baie-Comeau, and relatively large not necessarily provide long-term communities, as they may become mining and smelting towns such economic stability for either indi- – economically vulnerable, and as Sorel-Tracy, Rouyn-Noranda, Val vidual workers or the community perhaps even willing to consider d’Or and Thetford Mines. Outside at large.252 economic development or activities of these two provinces, the only that carry with them an additional 4.0 Mining and Society 49 environmental burden. stay are those workers who mix their employment at the mine with Social Impacts in Mining- marginal farming, hunting, fi shing, Dependent Communities trapping, and other activities, and Mining communities share a thus have many other skills. Older number of troubling social charac- workers (near retirement age) usu- teristics, including higher levels of ally remain aft er closure because violence against women, alcohol- they are att ached to the community, ism, and family breakdown.257 They unable to sell their houses, and have also suff er a number of industry- a sett lement package of some sort. related health problems, including Family employment aft er a closure higher incidences of cancer, asthma tends to shift to the women, and to and other respiratory diseases in lower wages.260 mine workers, their family mem- bers, and other local residents.258 One such case is the community of Kirkland Lake in northeastern Major power imbalances can exist Ontario, originally built on a boom- between communities and the ing gold market. The town found mining companies they depend on. itself in economic diffi culties in the When communities try to organize late ‘80’s, as the number of gold around mining projects, they oft en mines dwindled, and the nearby cannot get the information and iron ore mine – a major employer in analysis they need. In order to eff ec- the area – shut down prematurely tively participate in any decisions due to low metal prices and high around their community and neigh- transportation costs. In stepped the bour mines, people need access to a fi rst of a series of waste entrepre- comprehensive understanding of neurs, and for the next decade the all of the impacts of mining. Yet this community was subject to one waste information, when it is available, is disposal proposal aft er another. usually in a form and language that They included massive landfi lls to makes it inaccessible to most com- service the urban communities 800 munity members, Moreover, there kilometres to the south, question- is limited recognition of the right able tire “recycling” operations, of local communities to in-depth and a series of proponents for PCB analysis.259 incinerators and extractors, all with high levels of risk and litt le local With closure, the social environ- control. ment in the community where the mine is operating oft en gets worse. A decade of such incursions have Violence, increased drug and alco- left the community seriously hol use, depressed expectations, divided and no further ahead in power struggles, more extreme terms of diversifying the faltering social hierarchy, and paralysis of local economy.261 Not a single mine normal ways of making decision operator had a community transi- are common. tion plan in place before closing, and not a single one of the mines When a mine closes or down-sizes, left behind has been remediated. diff erent segments of the popula- The last operator to go out, Kinross tion respond in diff erent ways. Mines, provided a full 10 minutes Many miners and mining special- notice to its daytime shift work- ists can fi nd work elsewhere and ers of its intention to shut down leave town. The young people operations immediately, and left – looking for opportunities and the remainder of its work force and education – leave. More likely to town offi cials to learn the news

50 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest from that morning’s local radio area or First Nation, or if an exist- capture some of the benefi ts from broadcast.262 The current boost ing community is a staging area for mining by entering into Impact in commodity prices means that mine workers, then the commu- Benefi t Agreements (IBAs) or some of the mines are reopening nity and its surrounding area will Participation Agreements. These and others are being developed, become a de facto “mining town,” agreements are only as good as the but some of the hard feelings and However, the impacts are rarely negotiating power of the Aboriginal deep divisions from the hard times recognized by industry or govern- government that negotiates them. linger. ment, and no municipal taxes come Most of the IBAs provide some rev- from the company to compensate enue sharing, economic rents, job Aboriginal residents, being more for the additional services that are allocations, training and contracts att ached to land base, respond dif- required.263 for local businesses. Some have ferently than the sett ler commu- agreements dealing with monitor- nity. One community – Lynn Lake Aboriginal Community ing of environmental impacts, and – became an Aboriginal service Economics about reclamation and closure. centre. Uranium City saw its entire There are 500 Aboriginal communi- white population relocate, while ties in the Boreal.264 Harry Bombay IBAs are relatively new, and in most the Aboriginal community stayed. of the National Aboriginal Forestry cases it is too early to see how eff ec- At Scheff erville, the Naskapi and Association estimates that 1 million tive they have been in capturing Innu are negotiating to take over Aboriginal people call the Boreal long term economic benefi ts. Many the town site. their home.265 of the mines – including the much touted NWT diamond mines – have The availability of cheap housing In recent years, many of Aboriginal a life of less than twenty years. It has oft en resulted in a number of governments have att empted to will be impossible to measure their communities having an infl ow of retirees and younger people. A Canadian Forest Service-commissioned study of traditional forest- People drawn to rural communi- related activities occurring in the predominantly native communities of ties by the inexpensive housing Nahanni Butte and Liard River in southwest N.W.T. found many traditional and closeness to nature, are oft en activities being practiced. Some individuals are totally dependent on the involved in the informal economy bush, while others make their living from employment and still others and practice values like voluntary participate in both seasonal employment and bush life. Many young simplicity. Many of them are art- people are engaged in trapping. Elders living in the bush rely considerably ists, craft speople, and “jacks of on fi sh and small game. Harvested food is shared and supplies a large all trades,” They are resilient, and proportion of the dietary needs of these communities.266 bring more education, theory, and a real economic contribution to the The cash replacement value of the materials harvested from the forest existing population. by these two communities — wild meat (moose, fi sh, bear, caribou, rabbit, grouse), animal furs, fi rewood, and crafts — was estimated to be Long Distance Commuting between $950,000 and $1.7 million per year.267 This does not include Mining companies operating in medicinal plants, wood products made for their own use, skin clothing, remote areas of Canada do not bush cabins or guiding activities from tourism and hunting. The study build company towns any more for concluded that fi nancial compensation for the harvested materials could economic, business and regulatory not adequately replace many of the items and would not constitute reasons. Tumbler Ridge was the last an acceptable alternative, as the harvesting and related activities mining town to be built. There are are integral to the people’s way of life.268 During its visit to Manitoba, basically two kinds of Long Distance the Subcommittee heard a similar account concerning First Nations Commuting (LDC): Fly-in/fl y-out: communities in Northern Manitoba. In the area that is home to the 26 where workers are fl own into the northern-most First Nations of Manitoba, the replacement value of fi sh mine and stay in semi-permanent and game harvested in the area has been calculated by researchers at camps, and situations such as those $30 to $35 million a year. The Subcommittee was told that: in northern Ontario, where workers commute by car to nearby mines “If you had to replace the game and fi sh our people harvest and bring every few days. home, and pay cash at a northern store, at Safeway (where prices are nearly double Winnipeg prices), it would take $30 to $35 million to do If the mine is near or in a populated it.”269 4.0 Mining and Society 51 eff ectiveness and the sustainability over the past year, but their of their provisions before the mine wages had gone up. By January life is over. The most detailed study 2006, 38 employees earned an of Canadian IBAs has been under- average of $47,368. However, the taken by Ciaran O’Faircheallaigh, average industrial salary in BC who reviewed the provisions of in 2004 was $77,800 ; the Kemess most of them, including those that median was $75,000.272 were confi dential in 2006. There is more discussion of IBAs in Section Even when an Impact Benefi t 6 of this report. Agreement is in the works, there are diffi culties for First Nations Many of the Aboriginal people in communities in taking advantage the Boreal still depend upon country of potential opportunities, as can be foods. The Senate of Canada report seen in the Victor Diamond Mine in on the State of the Boreal, entitled northern Ontario. In the company’s Competing Realities, describes the Environmental Assessment submis- economic importance of the Boreal sions,273 it was already clear that the ecosystem to Aboriginal people local Aboriginal communities will who live there. gain less than 12% of the project jobs and contracts, and that even Historically, Aboriginal communi- these may be beyond their reach ties have gained litt le from mines on until educational levels and capac- their territories. The Kemess South ity are substantially improved. De Mine provides an example: Beers does not expect this to happen until well into the 12 year life of the Until the company decided to project. undertake an Environmental Assessment for a new mine In fact, Appendix F to the (Kemess North) in 2004, Comprehensive Study report for Northgate Minerals had litt le or the mine274 provided a compen- no interest in the employment dium of the potential impacts on possibilities for First Nations at Att awapiskat and other northern the existing Kemess South mine. Ontario communities. In 2004, out of 350 full-time and 125 seasonal employees, only 28 Of total exploration expenditures First Nations employees came to 2003, slightly over 12% of the from the aff ected communities,270 total was paid out for Att awapiskat and they earned an average labour, goods and services. Over of $15,000 to $25,000 that year. 40% of the local workforce of 400 Aft er eight years of operation, was employed by De Beers during the mine only had 16 people the time that the company was from aff ected First Nations in trying to obtain its ‘social license to the union, although a training operate,” The company describes program was fi nally launched in “real challenges to employment of June 2004. There are no contracts the people of Att awapiskat in jobs with First Nations-owned com- requiring more than limited skills. panies, and there had been no According the company, the more att empt to develop an Aboriginal educated people are already work- contracting strategy, although the ing, and the unemployed have low aff ected First Nations have occa- or very low educational achieve- sionally been invited to bid on ment. “The jobs available during the small contracts.271 The number of construction phase may number up Aboriginal employees at Kemess to 120, and during operations up to South had in fact been declining 75.”

52 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest “Uptake of direct business oppor- have been challenging mining Comprehensive Study List), public tunities will depend on the degree across the country, using as venues participation is legally required to which new businesses are started the courts, consultation processes, under Section 21 of the Canadian in response to project supply environmental assessments, and Environmental Assessment Act requirements, and on the revitaliza- community organizing. They are before the assessment track can tion of the Att awapiskat economic working to resolve the failings of the be determined. This is discussed development corporation,” There regulatory system and the refusal in more detail in the section in the have been recent initiatives in of responsible agencies to protect federal government as regulator. Att awapiskat to start joint ventures communities and the environment with, for example, catering, road from the oft en negative eff ects of A number of challenges to public construction, and maintenance sup- mining. participation in mining projects can pliers from outside the area. be summarized as follows: In Canada, the federal government • The public may have the right It was anticipated that the Victor broadcasts internationally its prac- to comment on a particular Mine might draw home some of tice of including civil society in deci- permit, but the comment peri- the almost 45% of Att awapiskat sion-making, and fi ft een years ago ods are frequently very short, First Nation members that live off was one of the signatories to the Rio access to information is oft en reserve. These returnees might Declaration on the Environment – limited or absent, and the per- obtain jobs instead of the on-reserve signed at the United Nations Earth mits are oft en only one piece of population, and put pressure on Summit in Rio de Janeiro in 1992 a set of regulatory instruments, supplies and services, particularly – which included a commitment to making it diffi cult to assess the housing. public participation and to the use project in full. of the precautionary principle in • Many aspects of mineral devel- Public Participation Processes environmental decision-making. opment have no associated Public expectations have evolved public participation rights; this over the last few decades to a point Internationally, public participation is particularly true of the min- where the public now expects – has been defi ned as a human right. eral exploration stage, where rightfully – to participate in natural A recognized human right since the many of the activities take place resource decisions that may aff ect 1940s, public participation in today’s without the requirement of any their communities, the environ- world comes in many diff erent government permit or approval, ment, and the public common of legal and political forms – citizen resulting in a de facto absence which a region’s natural resources involvement, indigenous peoples’ of any public opportunities to are part. rights, local community rights, sus- participate in decisions about tainable development agreements, whether or how the activity Over the last decade and a half, public hearings, consultation, advi- should proceed. the public response to the environ- sory councils, right to information, • There are usually gaps between mental damages and social impacts right to justice, decisional transfers, decision-making processes in of mining has become increas- benefi ts sharing, and more.275 diff erent jurisdictions and dif- ingly more informed and more ferent regulators. For exam- determined to push industry and According to international experts ple, a mine project might be government to more responsible in natural resource law, the right to assessed under the Canadian practices. be heard is a fundamental principle Environmental Assessment of public law in most of the world’s Act (CEAA) in a process which legal systems. However, there lacks the detail of a provincial “One of the fundamental persists a signifi cant gap between permitt ing process, such as for prerequisites for the achievement the principle and the practice, in a certifi cate of approval for the of sustainable development Canada as elsewhere.276 treatment and release of mine is broad public participation in effl uent, but the permitt ing decision-making...” Public participation opportunities process for the certifi cate of (Zillman, Lucas and Pring, certainly do exist within Canada, approval will lack the broader 2002) but they are inconsistently available social and environmental con- from one jurisdiction to the next text – such as cumulative eff ects and from one project to the next. – which will be required by The public and Aboriginal peoples For a large mining project (one on the CEAA.

4.0 Mining and Society 53 In other natural resource manage- Environmental Eff ects ment sectors, there are extensive Monitoring program (EEM) and detailed public participation required by the Metal Mining processes in place. Granted, the Effl uent Regulations (MMER) approaches vary from one juris- under the federal Fisheries Act diction to another, but the public 2002. As part of EEM, mines participation processes are more are strongly encouraged to pro- developed in forest management, vide opportunities for public energy procurement and watershed involvement in all aspects of the planning. program. Public input can play an important role throughout Public participation is a key compo- EEM, from the early planning nent of forest management, includ- steps prior to the initiation of ing forest management planning EEM, to the preparation of the and policy development. Acknowl- site characterization and the edgment of the need to involve the fi rst study design, as well as public in the management of crown data interpretation for each lands has resulted in the develop- EEM study at a site, and deci- ment of vari ous public processes sions regarding next steps in and legal requirements, including the EEM Program at a site.278 surveys, open houses, advisory committ ees, and public review pro- In particular, the EEM Technical cesses. Local advisory committ ees Guidance Document strongly – also known as citizen committ ees recommends that that Public or stakeholder committ ees – are Liaison Committ ees (PLCs) be central to many forest planning pro- formed, and mines are encour- cesses across the country. Although aged to prepare public involve- their outcomes are rarely binding, ment plans, with the objective these committ ees are intended to of outlining how the mine will provide public oversight and guid- provide information on EEM ance to the decision-makers respon- to the public, and seek and sible for the management of public respond to public input.279 resources. In some jurisdictions, advisory committ ees are required A review of the EEM’s fi rst by law. few years’ of implementation concluded that, in general, the Market-based forest certifi cation public involvement component initiatives such as the Canadian of the program has not worked Standards Association’s Sustainable well to date, and recommended Forest Management system (CSA that “Environment Canada 2002) and the Forest Stewardship should encourage mine opera- Council’s National Boreal Standard tors to engage the public in (FSC 2005) also have strong EEM…”280 requirements for ongoing public consultation on forest planning • Base metal smelters are required and monitoring as a condition for to prepare and implement com- certifi cation.277 prehensive Pollution Prevention Plans under the Canadian Within the mineral sector, there Environmental Protection exist some examples of processes Act (CEPA). For the Pollution involving the public. Among them: Prevention Plans, base metal smelters are required to develop • Public involvement is one and implement Community Air element included in the Quality Protection Programs

54 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest and Smelter Emission Reduction this is also discretionary.283 community involvement in the Programs.281 oversight of their operations. As described above, the basic As part of developing their elements are in place for public None of the several public partici- pollution prevention plan, involvement in decisions around pation approaches outlined above each facility is “encouraged” mine development: a regional is without serious fl aws, but each to establish a Community committ ee structure is in place, of them has some of the elements Advisory Panel with represen- albeit without community or which are key to eff ectively engag- tatives from the surrounding First Nation representation; ing the public. Clearly, though, the community, in order to provide mechanisms for public notice human right to public participation a forum for the review and dis- are identifi ed; and a review is being denied in decision-making cussion of facility operations process for mine development around mineral exploration, devel- and associated environmental is already established. If public opment and exploitation. and other concerns. The stated and First Nation representa- objective of these forums is to tion were added to the regional 4.2 The Governments “address community concerns committ ee, and if bureaucratic related to the potential adverse discretion were removed, the There is no one “Canadian Mining environmental, health, and fundamentals would be in Law,” Mining is largely provincial safety impacts that may arise as place. and territorial jurisdiction, so there a result of the operational activ- are eff ectively 13 diff erent sets of ities of the facility,” They are to • In May 2006 the government laws. Coal, uranium, and quarries be used to provide a venue for of Québec announced the all have separate and diff erent laws community concerns and input creation of regional commis- from metal mining, and in most to the company.282 sions on natural resources and jurisdictions there are laws and reg- land. One of their main tasks ulations not only related to mining • British Columbia has estab- is to develop regional inte- itself, but also for the protection of lished “Regional Mine Devel- grated development plans. The air and water. opment Review Committ ees” Québec Mineral Strategy refers which include representatives to these commissions as means Mining laws have been set up to of various federal and provin- of involving the regions in the protect the interests of the mining cial government agencies. The land allocation and mineral industry and to minimize the con- RMDRC is legislated under resource development process, fl icts between mining companies the Mines Act and normally and to provide citizens in the by giving clarity to who owns what includes many of the same regions with an institution that rights to mine. They were never government agency techni- can help rally all regional com- intended to control mining or its cal reviewers as review proj- munities concerned around impact on land or people. We have ects under the Environmental sustainable resource devel- to look to other laws to protect these Assessment Act. A proponent opment objectives.284 While interests. may be required to publish a the structure, priorities and notice of application for a mine degree of public involvement Canada’s legal structure relies on permit in the B.C. Gazett e and for these regional commis- four kinds of law: criminal law, in local newspapers, but this sions are not yet clear, they do constitutional law, administra- requirement is at the discre- provide a regional mechanism tive law, and civil law. Under the tion of the Regional Manager. for public involvement, and Common Law system in English When notice is required, copies they do invoke the language Canada, the interpretation of any of of the Mines Act Permit appli- of sustainability – as does the these kinds of law depends on the cation must be made available Mineral Strategy itself – which decisions of cases that went before, in the local library(ies) for the provides a forum for the public or “precedent.”285 duration of the review period. to debate the sustainability and A Major Mine application may environmental acceptability of Aboriginal rights and title issues also be required to undergo an specifi c mining operations and/ are part of the constitutional law enhanced Mines Act review or mining practices. of Canada, and are found in spe- process involving a greater Finally, some individual compa- cifi c court decisions: Delgamuukw, level of public consultation, but nies have made commitments to Sparrow, the Haida/Taku case.

4.0 Mining and Society 55 These cases restrict the rights of the Crown and mining companies on traditional Indigenous lands, and assign a “fi duciary responsibility” to the Crown to protect the rights The Red Chris Project and interests of Aboriginal people.

The Red Chris Project , a proposed open pit mine in northwestern A Summary of the Federal- British Columbia would turn the headwaters of three creeks into a Provincial Division of Powers tailings dump, destroying fi sh habitat and risking contamination of the Canada has a federal government, Stikine watershed. ten provinces, and three territories. The Constitution Act of 1867 sets out The mine will have two huge open pits and will leave behind that in many respects the provinces approximately 183 million tonnes of toxic tailings and 307 million tonnes are not subordinate to the federal of waste rock, which will likely need to be treated for acid mine drainage government. Provinces have full for over 200 years. The mine is located in the Klappan area of Tahltan power over mineral exploration, traditional territory in an area that has come to be known as the Sacred development, conservation and Headwaters. management. Territories increas- ingly have the same powers as In 2004, DFO fi rst announced that it would conduct a comprehensive provinces when it comes to mining, study of Red Chris, including public participation, but then it excluded although some are still in a process the mill from the scope of the project, so that such a study was no longer of “devolution,” required. Metal mine developments producing 3,000 tonnes or more of ore per day are subject to a comprehensive assessment that includes The federal government retains public participation under the Canadian Environmental Assessment powers to legislate, among other Act and Cabinet regulations. However, even though the Red Chris things, ocean and inland fi sheries, proposal could produce 30,000 tonnes of ore per day, DFO and Natural navigable waterways, criminal law, Resources Canada undertook a simple screening assessment which inter-provincial trade and com- 286 did not include public participation. merce, and “Indians and lands reserved for Indians” (including In July, 2006, the Sierra Legal Defence Fund launched a lawsuit on Métis and Inuit). It can establish behalf of MiningWatch Canada challenging a federal government National Parks. It can also spend approval of the Red Chris Mine. federal funds as it wishes and engage in any form or mode of taxa- On September 25, 2007 a Federal Court upheld the fundamental right tion. Regulation of uranium mining of Canadians to be consulted during the environmental assessment of falls under the federal government. large mines on the Comprehensive Study List. In a precedent-setting The Canadian Environmental decision, Mr. Justice Luc Martineau condemned the federal Department Protection Act regulates mercury, of Fisheries and Oceans (DFO) and Natural Resources Canada for asbestos emissions, smelter emis- unlawfully evading a comprehensive study environmental assessment sions, and some other toxins. of the Red Chris Mine, and unlawfully preventing the public from participating in the federal assessment. In January 1998, the federal gov- ernment and the provinces (except In his decision, Mr. Justice Martineau ordered that the Red Chris mine Québec) signed the Canada- be denied any federal permits on the basis of unlawful environmental Wide Accord on Environmental assessment, and observed that the federal Department of Fisheries Harmonization. This accord and Oceans’ re-scoping of the project from a Comprehensive Study devolved even more responsibility to a screening in December of 2004 “has all the characteristics of a to the provinces for Environmental capricious and arbitrary decision which was taken for an improper Assessment and – through sub- purpose.” agreements – has diminished fed- eral powers.

In Canada, with very few excep- tions, mineral rights (also called

56 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest subsurface rights) belong to the a permit or authorization of some The Fisheries Act’s Metal Mining government (the Crown), and are kind from the federal government, Effl uent Regulations (MMER) sets leased by the Crown to prospectors or by federal funding. There are limits for nine pollutants in effl uent for exploration and to mining com- diff erent levels of EA which are water from mines. The limits are panies if and when mineable miner- determined by a “scoping” process: set in accordance with an approach als are found. With respect to min- at the federal level the options are called “Best Available Technology eral rights, the “Crown” is the pro- screening, comprehensive study, Economically Achievable” or vincial government south of the 60th and panel review and/or media- BATEA. This means that, at the parallel and the federal government tion. Which level will be used is point where it leaves the mine site, in the North. Generally, the right determined by a list that is part the effl uent must not be more pol- to stake mining claims in Canada of the Environmental Assessment luting than what was agreed could is given to anyone who holds a Act of the jurisdiction. The federal be achieved by technology that was prospector’s licence, obtained by Environmental Assessment Act “economically” available to mining paying a small fee to the province has a “Comprehensive Study List” companies in the 1990s. The MMER or territory. In most cases, it is “fi rst which includes most large mining also includes an “acute lethality come, fi rst served,” Mining claims projects. EA may also required test”: if more than 50% of fi sh die are usually for one year and have before cleanup of large abandoned when exposed to the undiluted to be maintained by carrying out a mine sites. mine effl uent for 96 hours, it is minimum of work on the property. deemed to be “acutely lethal,” Any If a prospector’s claims are adjacent Federally, the department that plan to dispose of tailings into fi sh- to each other, then work on one has to issue the permit becomes a bearing waters requires an amend- claim can usually stand for work on “Responsible Authority” for the ment to the Regulations, and so neighbouring claims. EA. All jurisdictions have a regis- must be approved by Cabinet. The try of all the documents submitt ed MMER also requires that compa- Environmental Assessment (EA) regarding the EA, which is sup- nies conduct Environmental Eff ects Before mine permits can be issued, posed to be open to the public. Monitoring (EEM) and report the federal, territorial and provin- results. cial laws may require that an In Ontario, an environmental Environmental Assessment be assessment review of privately The Canadian Environmental done. The EA is used to determine owned projects is only required Protection Act (CEPA) sets limits if there are likely to be “signifi cant if the project is designated by the for emissions of toxins such as mer- adverse environmental eff ects,” Environment Minister. The BC Act cury. CEPA also covers emissions Some provinces require a certifi - applies only to projects of a certain from smelters, although there is cate of environmental compliance size. not yet a regulation for enforcing before a project can proceed. Most this provision. Under CEPA there is don’t. Although most EA Acts have provi- also a public-right-to-know instru- sions for monitoring and follow-up ment called the National Pollutant Federal EA and most provincial EAs on mitigation measures, there have Release Inventory287 (NPRI), which may not be legally binding, but they been substantial cuts to the govern- reports on pollutant releases in are an important step in exposing ment departments that monitor Canada. At present, the NPRI does any problems with the mine pro- and enforce compliance, making it not require reporting of CEPA posal. In most cases, the material diffi cult to evaluate how eff ective toxins disposed of in waste rock that the mine proponent has to pro- the mitigation measures have been. and tailings. duce for the EA will discuss many of the issues that the community will Pollution Prevention and Control Provincially, the rules diff er con- be concerned about. Most EA Acts Measures siderably from one province to the provide for public participation at There are a number of Acts and next. For example, in Ontario, mines diff erent stages of the review, but regulations in all jurisdictions that are covered by the Environmental only the federal government has a set limits for pollution from mines, Protection Act, the Ontario Water provision for intervenor funding at mills and smelters. As discussed Source Protection Act288 and the the comprehensive study and panel in the following pages, the key Metal Mining Sector Regulations review levels. federal laws in this regard are the (part of MISA, the Municipal The federal EA Act is “triggered” Fisheries Act and the Canadian Industrial Strategy for Abatement) by the need of the proponent for Environmental Protection Act. which set limits on discharges from

4.0 Mining and Society 57 mining operations. and. In British the explosives used in mining Columbia, the Waste Management operations, but are frequently Act, the Environmental the lead Responsible Authority Management Act, and the Water in Environmental Assessments. Act are all signifi cant.289 • Through the Canadian Nuclear Safety Control Act, the federal Other Laws government and its regulatory There are a number of other laws Nuclear Safety Commission and regulations that aff ect mining: have authority over uranium • The Securities Acts for each mines, mills and refi neries, province including their development, • The various federal and provin- operation and closure. cial tax acts • The federal government has • International treaties and responsibilities for transbound- enforcement bodies like the ary waters, navigable waters, International Joint Commission and import and export of haz- and the Commission for ardous wastes. Environmental Cooperation. • The Canadian Environmental (NAFTA) Protection Act provides the • Public Access to Information federal government with some legislation regulatory control of toxic substances. The Federal Government as Regulator The federal government also has Mining is primarily regulated responsibility for the Territories, by the provincial and territorial and has been overseeing a pro- governments, with the federal cess of devolution of powers to government having a lesser, albeit them. In the interim, Acts such as potentially important role. Federal the MacKenzie Valley Resource players include Natural Resources Management Act (MVRMA) have Canada, Environment Canada and been passed, which implement the Department of Fisheries and obligations under devolution land Oceans. Provincial and territorial claims agreements and agreements departments involved are those with the Territories.290 charged with management of natu- ral resources, lands, water and air The federal government also plays quality. a facilitating and a research role in several key areas related to the min- The primary areas of responsibility eral sector. For example, the annual and authority of the federal govern- meeting of Mines Ministers and ment with respect to mining can be several intergovernmental working summarized as follows: groups provide national venues for • The regulation of activities the discussion of the mineral sector. which may impact on fi sh or Important multi-stakeholder initia- on waters where fi sh are found, tives such as Mine Environment in accordance with the federal Neutral Drainage (MEND) or the Fisheries Act. National Abandoned / Orphaned • Environmental Assessment Mines Initiative (NAOMI) are of certain projects under the supported by secretariats housed Canadian Environmental within the federal department Assessment Act. of Natural Resources. Natural • Natural Resources Canada has a Resources Canada also does exten- relatively minor role as a regula- sive research and analysis of both tor based on their authority over environmental and economic

58 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest matt ers, and hosts the most exten- In April 2006 two related notices • Development and implemen- sive set of on-line mining-related appeared in the Canadian tation of a Smelter Emissions information in Canada.291 Gazett e. The fi rst indicated that an Reduction Program, “taking Environmental Code of Practice for into account annual limit tar- Federal Regulation of Smelters Base Metals Smelters and Refi neries gets identifi ed in the Notice for In September 2002, the releases from was now available. air releases of sulphur dioxide primary and secondary copper and and particulate matt er from zinc smelters and refi neries were The second notice was one “requir- process sources identifi ed in declared toxic under the Canadian ing the preparation and implemen- the Notice and for the release of Environmental Protection Act. The tation of pollution prevention plans mercury and dioxins and furans CEPA toxic substances include in respect of specifi ed toxic sub- from process sources identifi ed sulphur dioxide, lead, mercury, stances released from base metals in the Notice and the annual air arsenic, cadmium and nickel. Once smelters and refi neries and zinc release reduction limit target for a release is declared to be a “toxin,” plants,” The Notice announced the the base metals smelting sector the Canadian Environmental risk management objective, “reduc- as set out in Recommendation Protection Act (1999) requires the ing the overall risk to the environ- No. 1 of the Base Metals Smelting company to develop a risk manage- ment or human health,” and the Sector Strategic Options Report ment strategy and an instrument to recommended practices contained published in June 1997, as well address the toxic substance. This in the CEPA 1999 Environmental as achievement of the environ- must be fi nalized within two years Code of Practice for Base Metals mental performance guideline of the substance (in this case the Smelters and Refi neries. It then went for mercury as set out in the release from the smelter or refi nery) on to announce “the intention of Canadian Council of Ministers being declared toxic. the Minister of the Environment of the Environment (CCME), and Minister of Health to establish Canada-wide Standard for Mercury Aft er lengthy negotiations between regulations limiting releases from Emissions Base Metal Smelting.” Environment Canada and the base metals smelters and refi neries mining industry, the “instrument” and zinc plants, eff ective 2015, and The Notices published in April 2006 selected was “pollution preven- provision for “Studies on environ- were many years in the making. In tion planning,” This meant that mental, health, pollution preven- May 1996 an “issue table” was con- pollution prevention plans had tion and control techniques, green- vened for the Base Metal Smelting to be developed for each of the house gas emissions, engineering Sector Strategic Options Process 10 base metal smelters across the and economics that relate to smelter (SOP) to identify and evaluate country, including the 5 located in emissions and ambient air quality.” options for reducing the release of the Boreal forest region: Corefco/ several substances declared toxic Sherrit’s Fort Saskatchewan Nickel The “pollution prevention” Notice under CEPA, including lead, mer- and Cobalt Refi nery in Alberta, identifi ed the “factors for consid- cury, arsenic, cadmium and nickel. Hudson Bay Minerals copper eration in preparing the pollution The issue table subsequently rec- smelter and zinc plant and CVRD prevention plan” by aff ected com- ommended reductions of 80% from Inco’s nickel smelter and refi nery panies, including: 1988 levels by the year 2008, and of in Manitoba, Xstrata’s Kidd Creek • Development and implementa- 90% beyond 2008. This same rec- copper smelter and refi nery and tion of a Community Air Quality ommendation is referenced in the zinc plant in Ontario, and Xstrata’s Protection Program, and April 2006 notice in the Canadian Horne Copper Smelter in Québec. Gazett e. Yet the gap between the

Comparison of Actual SO2 Emissions, SOP Targets and Pollution Prevention Targets (in tonnes)

Actual Actual Actual SOP Target PP Target PP Target Year 1988292 2002293 2005294 2008295 2008296 2015297

Hudson’s Bay 265,804 177,887 203,145 53,160 187,000 33,500 CVRD Inco 283,180 196,419 180,736 56,756 187,000 22,800 Thompson Horne 420,000 62,180 22,656 84,000 45,000 43,500 Kidd 6,900 5,995 6,492 1,380 7 525 7,525

4.0 Mining and Society 59 Strategic Options Process recom- Schedule 2 under the Metal Mining mendations and the so-called “pol- Effl uent Regulation to allow fi sh- lution prevention” targets stated in bearing waters to be “redefi ned” as the Notice is startling, as demon- “Tailings Impoundment Areas” and strated in the table above. fi lled with mine tailings. The third is the long-standing question of The “pollution prevention” Notice whether the Metal Mining Effl uent fell far below the expectations regulation adequately protects fi sh of the Strategic Options Process habitat from the contamination issue table, and below the needs of of mine effl uent discharge, even people living in the aff ected smelter with the regulation’s companion communities. While the Notice lists Environmental Eff ects Monitoring facility-specifi c targets for emission (EEM) program.

reductions of SO2 and respirable particulate matt er (PM) for the Overhauling the Federal Fisheries years 2008 and 2015, these targets Act are not enforceable. In the spring of 2007, the federal government responded to pressure Mercury is being addressed only from many of the provinces and for the HudBay facility, using a some corporate sectors to over- number for 2008 that is based on a haul the Fisheries Act. Bill C-45 non-regulatory unenforceable pro- was introduced into the House of gram known as the Canada-wide Commons on December 13, 2006 Standard for mercury.298 Only aft er without public consultation. In 2015 would the targets reduce over- fact, Department of Fisheries and

all SO2 emissions from the sector by Oceans (DFO) senior offi cials actu- about 75%, and only then would ally refused to meet with environ- the likelihood of regulation rear its mental organizations to review and head. comment on the bill before it was tabled.301 The 2008 targets prescribed in the

Notice for SO2 emissions are com- The Act was withdrawn before pletely insignifi cant, particularly second reading when Parliament in regard to the largest emitt ers.299 prorogued in the summer, but was What’s more, emissions reduction reintroduced unchanged later in targets for releases of toxic metals 2007. such as arsenic are to be determined by the companies, sett ing release The mining industry associations, limits through a voluntary Code of particularly in BC, have been the Practice.300 most vociferous advocates for this overhaul. They want an end to the Federal Regulation of Fisheries federal role in protecting fi sh and There are three key issues with fi sh habitat from mining develop- respect to the federal Fisheries Act ment impacts, particularly at the and its effi cacy in protecting fi sh EA stage. They claim that the role and their habitat from the delete- of the Department of Fisheries rious eff ects of mining. These are and Oceans slows down mining detailed below. projects and requires redundant Environmental Assessments. The fi rst is a recent proposal by the federal government for a complete ENGOs list the following as the overhaul of the Act, devolving con- key problems with the proposed siderable powers to the provinces. Fisheries bill (C-45) The second is the increasing use of • There is a focus on economics

60 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest over ecosystems. Although the to protect fi sh and fi sh habitat. habitat compensation plan must Preamble to the bill gives the Section 36(3) says that: “No person also be in place before any federal false impression that an eco- shall permit the deposit of any del- permits are issued for the mine, and system approach to the man- eterious substance into water fre- has also to be approved by DFO and agement of Canada’s fi sheries quented by fi sh…” The only way any First Nation involved. will prevail over all else, the anyone, including mining compa- Bill itself does not create any nies, can legally pollute water or The process is as follows: once the mandatory requirements for destroy fi sh habitat is if it is autho- Screening, Comprehensive Study, such an approach. Instead, rised by regulations. From 1977 to or Panel Review that constitutes the economic considerations can 2002, those regulations were called EA is complete, the Federal Minister override conservation concerns. the Metal Mining Liquid Effl uent of Fisheries determines whether the For example: The precaution- Regulations (MMLER); in 2002 project has “no signifi cant environ- ary approach is constrained by they were revised and replaced by mental eff ects aft er mitigation” or cost-eff ectiveness. Section 6 (b) the current Metal Mining Effl uent whether the eff ects are “justifi ed seeks to apply the precaution- Regulations (MMER). under the circumstances,” This ary approach but then states determination is not binding; it that actions should be guided by A new provision, added to the only “informs” the decision by fed- cost-eff ective measures. Section regulations in 2002, allows the eral permitt ers, or the decision by 25 (2) (e) refers to the, “best use federal Cabinet to redefi ne a fi sh- Cabinet (for an order in Council). of fi sh,” but does not take into bearing water body as a “Tailings consideration environmental Impoundment Area.” This would Environment Canada is then asked uses of those fi sh. Instead, the allow a mining company to use by DFO to prepare the amendment primary purpose of the Bill is productive lakes as a mine waste for publication in Gazett e 1 for a one of sustainable development dump, and would be accomplished 30-day public comment period. of the resource for the sake of by adding the water body to Then, aft er considering public com- economic gain. Schedule 2 of the MMER. ments and making any desired • Bill C-45 grants the Minister the changes to the amendment, Cabinet power to delegate the conserva- The designation of a fi sh-bear- approves or rejects the amendment. tion, protection and management ing water body as a Tailings Publication in Gazett e II indicates of the fi shery to other levels of Impoundment Area requires the that the approval process is com- government, undefi ned “classes issuance of a Fisheries Authorization plete and that the lake is now a tail- of people,” and organizations. and is therefore subject to the habitat ings impoundment area. Section 23 allows Cabinet to compensation provisions of Section delegate to the provinces all of 35 of the Fisheries Act and the DFO In 2006, the fi rst lakes to be changed its powers and authority over Policy for the Management of Fish into Tailings Impoundments were proper fi sheries management Habitat. Generally, responsibility added to Schedule 2. They were at and the conservation and pro- for the administration and enforce- the headwaters of the Exploits River tection of fi sh. ment provisions of the Fisheries in Newfoundland, and there was a • Bill C-45 is riddled with loop- Act is shared by the Department storm of opposition from across the holes, providing for conservation of Fisheries and Oceans (DFO) and country to the move, including from in one clause and negating it in Environment Canada (EC). EC has the First Nations Summit and the the next. The Minister is granted the lead for the administration and Tse Keh Nay in British Columbia. far too much discretion through enforcement of the MMER. the use of “may” versus “must,” There are twenty or more fi sh- The Bill fails to respond to long- Adding a mine to Schedule 2 of bearing waters proposed or waiting standing requests that Fisheries the MMER is a regulatory change in line to be added to Schedule 2. Authorizations with the poten- that requires an Order in Council In September 2007, the fi rst on this tial to harm fi sh habitat be sub- (a Cabinet order; technically, the list became the fi rst mine proposal ject to some level of environ- Governor General acting on the to be turned down by a federal mental assessment. advice of Cabinet). Since it requires environmental assessment under a Fisheries Authorization, it would CEAA. The Joint Panel reviewing Turning Live Lakes into Tailings trigger a federal environmental the Kemess North Mine, found Impoundments assessment (EA) under the Canadian that the mine was ‘not in the public The federal Fisheries Act is supposed Environmental Assessment Act. A interest,” In good part their decision

4.0 Mining and Society 61 was based on the adamant opposi- The amendments to the regula- tion of the Tse Keh Nay First Nation tion in 2002 made the compliance to the use of Amazay Lake for tail- requirements somewhat more strin- ings disposal. gent than when they were fi rst put in place in 1977, primarily through Federal Metal Mining Effl uent the introduction of a requirement Regulation (MMER) that effl uent be non-acutely lethal to As already noted, the federal rainbow trout, the lowering of the Fisheries Act prohibits any person allowable level of total suspended from depositing “a deleterious solids from 25 to 15 ppm and the substance into any type of water addition of an upper limit for pH frequented by fi sh,” except as per- levels of 9.5. mitt ed by a regulation under the Act.302 The regulation which sets The addition of a requirement that out the exceptions was formerly mine effl uent pass a test for acute the Metal Mining Liquid Effl uent lethality was a signifi cant improve- Regulation. In December 2002, aft er ment. This means that at least 50% almost a decade spent in a review of the rainbow trout used to test a which promised to “modernize” sample of the mine effl uent must the regulation, it was repealed and survive for more than 96 hours. A replaced with the Metal Mining similar test for Daphnia magna, a Effl uent Regulations (MMER). water fl ea, was added for the pur- poses of monitoring, but there is The MMER, which defi nes limits on no requirement that the effl uent be how much of each toxic substance non-acutely lethal to the water fl ea. can be released by a mine operator, The changes also meant the end of sets out only a partial list of the con- an exemption that gold mines had taminants of concern. Moreover, been operating under since the the allowable levels are not based regulation fi rst came into force. on an assessment of toxicity or potential for harm to the environ- Reports summarizing industry ment, but rather on a determina- performance during the fi rst two tion of what water treatment can decades of the MMLER indicate that be achieved through the BATEA on average 25% of the mines were concept described earlier - the “best out of compliance, but between available technology economically 1977 and 1998, not a single charge achievable,”303 was laid nor prosecution brought under the Regulation.305 In the course of the regulatory review to develop the revised regu- The federal government’s 1998 lation, by consultants hired by the report on water pollution control federal government conducted an in the mineral sector – the report is international comparison of BATEA only published every 4 years – also technologies. Their review identi- indicates that 25% of the metal mines fi ed technology-based standards in subject to the regulations were out several other countries that were far of compliance. Of the mines subject more protective than the Canadian to the guidelines (gold mines are standards (see chart opposite). exempt from the regulations, but However, the BATEA standard subject to a “guideline”), almost adopted as the basis for the federal half were out of compliance.306 In regulation redefi ned “best” to mean 1999, Environment Canada con- the average performance of the top ducted 14 site inspections and veri- 50 percentile of operating Canadian fi ed 43 reports of mines, as required mines.304 under the MMLER. Only one mine

62 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest International Comparison on Metal Mining Liquid Effl uent Monthly “harmonization” agreements with Average Limits*** the provinces. Total Country Nickel Copper Lead Cyanide The Canadian Environmental Canada 0.5 0.3 0.2 1 Assessment Act is administered Sweden 0.1 0.1 0.1 n.a. by the Canadian Environmental Finland* 0.3-1.0 0.05 – 3.0 n.a. 0.5 Assessment Agency, which reports Vietnam 0.1 0.1 0.05 to the Minister of the Environment. 0.005 / 0.005 / Papua New Guinea n.a. 0.03 0.004** 0.01** However, most environmental * Range of limits in eff ect at 6 mines in Finland assessments done under CEAA are done as “screenings,” the simplest ** Values of discharges into freshwater system and marine environment respectively level of “self assessment” under- taken under the Act. *** Comparative Summary provided by the Canadian Environmental Defence Fund, 2001 The “self-assessments” carried out was prosecuted under Section 36 of regulatory authority over the proj- under the CEAA are oft en done the Fisheries Act, although 3 closed ect. A reduced number of screen- by the private sector proponent, mines were prosecuted under ings would continue to be done by particularly in the case of mining Section 33.307 departments. Risk analysis would projects, and the resulting reports be used to triage projects by their and conclusions are adopted by More recent data show some projected size and impact to elimi- the responsible federal department. improvement in performance, nate about two thirds of projects The Department of Fisheries and although companies persist in fail- currently assessed, and to use a Oceans is most oft en the depart- ing to pass the grade, even though class screening process to eliminate ment responsible for issuing a the bar for the MMER tests is set so assessments for a multiplicity of permit for the project, thus becom- low. In 2001, of the 56 metal mines small projects. New bilateral har- ing the “responsible authority” in that were subject to the MMLER monization agreements with the the language of the Act. and associated guidelines, only 36 provinces and territories would set were consistently in compliance. out what the arrangements would Among public interest groups there In total, there were 196 incidents of be when a joint EA is required. One is a very low level of satisfaction discharge exceeding the limits set of the dangers, of course, is that the with the eff ectiveness or fairness in the 1977 Metal Mining Liquid lowest common denominator could of environmental assessments of Effl uent Regulation.308 be applied rather than the highest mining projects done under CEAA. available standard.310 Federal Environmental In some of the few cases where Assessment Although the federal government the review of a proposed mining For over a decade, the language of changed since 2005, the approach project has been conducted by an “streamlining” has been cast about to “streamlining” has not. independent panel, the federal by some federal departments and government has ignored key rec- some mining industry representa- None of these proposals to reform ommendations. One such case is tives as the code word for further a fl awed system will produce an the McLean Lake Mine in northern constraining or limiting the reach approach to environmental assess- Saskatchewan, where despite the of environmental assessment ment which is rigorous, transparent review panel recommending a fi ve- processes and their evaluation of and accountable. year delay to permit further stud- mining projects.309 ies, the provincial government pro- Both the federal and provincial ceeded with an approval without The 2005 Speech from the Throne governments have environmental delay.311 In the Cheviot Coal Project announced the government’s plans assessment legislation, although in Alberta, the joint provincial- to consolidate the EA process. The with many diff erences of approach federal panel approved the project plan is to centralize the assessment of among the provincial, territorial and without requiring a full environ- major projects within the Canadian federal regimes. Since the passage mental assessment to be done. A Environmental Assessment Agency of the Canada Wide Harmonization legal challenge was fi led and the rather than having the assessments Accord in the late ‘90s, the federal Federal Court found that the EA done by the departments with government has been developing had failed to consider cumulative

4.0 Mining and Society 63 impacts and alternatives to the environmental assessment reviews project - two key elements of the altogether. Such was the case with EA process. The Court ordered the the expansion of the Lac Des Iles approval quashed and the review palladium mine, in the north end of reconvened.312 That project has since the Lake Superior basin. The expan- been approved and permitt ed, and sion will quadruple the production is now in operation. at the mine, and will involve a major expansion of the mine’s foot- How cumulative eff ects are assessed print, including additional effl uent is another matt er of serious con- discharge points, dewatering of a cern. A “comprehensive study” bog, water taking of up to 30 mil- report – the most rigorous class of lion litres per day, and creation of © Deb Burkhardt self-assessment – of the Aquarius waste rock piles twice the height of Mine illustrates this problem. This the highest point of land in the area. gold mine, projected to operate for The Department of Fisheries and only 5 years, is going to impact on Oceans has reportedly “worked a provincial park, a remote cabin, things out” with the company in trap lines, moose habitat and a order to avoid issuing a permit, and bear management area. The project so avoided triggering an environ- includes fi lling a small valley which mental assessment review.314 is host to a fi sh-bearing cold-water stream, and is located in the same Given that it is so oft en a loss of fi sh watershed as other mines, indus- habitat that triggers a review under trial operations and transportation the CEAA, the federal Department routes, none of which were consid- of Fisheries and Oceans is most ered in terms of assessing cumula- oft en the “responsible authority” tive impacts. for CEAA reviews of mine proj- ects. For almost a decade, there has The mine proponent claimed that been increasing concern among effl uent from other mines in the area public interest groups about the discharging into a common water Department’s willingness to pro- body met provincial standards, and vide “lett ers of advice” as a means that the effl uent from the Aquarius of avoiding the triggering of envi- mine would as well. Further, the ronmental assessments.315 proponent put this information for- ward as their assessment of cumula- In the case of the Ekati Mine – an tive eff ects. In fact, area mines were open pit and underground dia- not consistently in compliance, and mond mining project in the North the Aquarius was also expected West Territories – the review panel to have some exceedences of the recommended that the project provincial standard. More signifi - be approved, and produced 29 cantly, simply establishing pass/fail recommendations. None of them on water quality standards does addressed such key areas as cumu- not constitute a cumulative eff ects lative eff ects; mine closure and assessment.313 The “comprehensive reclamation, or mining impacts study” was approved. The mine has on traditional resource harvesting since changed hands, and has never activities. These and related gaps been issued provincial permits or raised questions about the ability of brought into production, but it still the process to deliver sound deci- has that CEAA stamp or approval. sions, particularly in connection with resource development issues Despite the signifi cant probability in northern Canada. – even certainty – of environmental impacts, some mine projects escape Overall, the CEAA suff ers from

64 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest numerous weaknesses and limita- northern Saskatchewan. of nuclear weapons; and tions, which are both singular and • dissemination of scientifi c, cumulative in their eff ect. While the The Canadian Nuclear Safety technical and regulatory infor- Act is Canada’s third generation of Commission mation concerning the activities federal environmental assessment The federal government has of the CNSC; and legislation, it still fails to meet the jurisdiction over nuclear matt ers, • the undertaking of special potential or the need for sound and including uranium mining and projects.318 informed process that will serve as milling. Uranium mining is a fed- both a planning tool and method of eral responsibility in light of the The CNSC and its regulations are project evaluation. division of powers set out in the predicated on the principle known Constitution Act (1867). A series of as “ALARA”: that radiation expo- However, the process has recently court decisions in the early 1990s sures should be kept “as low as provided meaningful results. confi rmed Parliament’s jurisdiction reasonably achievable (ALARA), over nuclear energy, which includes social and economic factors being In September 2007 the Kemess North uranium mining.317 taken into account,”319 Mine Joint Review Panel concluded that the mine “in its present form” The courts reasoned that nuclear Section 71 of the NSCA is the would not be in the public interest. energy comes under exclusive declaratory provision for nuclear A joint federal-provincial panel has federal authority for two primary works and undertakings: been reviewing Northgate Minerals’ reasons: 71. Any work or undertaking plan to use Amazay Lake to contain • it is considered a matt er of constructed for the development, tailings from its proposed Kemess national importance and there- production or use of nuclear North copper-gold mine expansion, fore covered by the federal energy or for the mining, pro- located 425 kilometres northwest of basket clause found in Section duction, refi nement, conversion, Prince George. The Panel says that 91 of the Constitution Act (1867) enrichment, processing, repro- any economic and social benefi ts to make laws for the peace cessing, possession or use of a from the project are outweighed by order and good government of nuclear substance or for the pro- its long-term risks to the environ- Canada (POGG); and duction, possession or use of pre- ment and by its social and cultural • it becomes federal when speci- scribed equipment or prescribed impacts on Aboriginal people. It fi ed in legislation that declares information is declared to be a has recommended to federal and certain works and undertakings work or undertaking for the gen- provincial environment Ministers to be for the general advantage eral advantage of Canada. that the project not be permitt ed.316 of Canada. Consequently, any of the activi- As of the fall of 2007, a panel review On May 31, 2000, the former ties and facilities licensed by for the Lac D’or Vanadium Mine Atomic Energy Control Board the Canadian Nuclear Safety Project in Chibougamau, Québec is became the Canadian Nuclear Commission fall under federal pending, and there are four active Safety Commission (CNSC). Under jurisdiction (more specifi cally mining-related comprehensive the Nuclear Safety and Control under the CNSCs jurisdiction). Not study processes underway under Act (NSCA), the CNSC’s mandate only is it deemed a federal jurisdic- CEAA: involves fi ve major areas: tion, but any provincial legislation • Cameco Corporation’s “Vision • regulation of the development, purported to aff ect the “nuclear 2010 Decommissioning Project,” production and use of nuclear aspect” of the facility or activity a redevelopment of its uranium energy in Canada; under license by the CNSC would Conversion Facility located in • regulation of the produc- be ultra vires - outside the jurisdic- Port Hope, Ontario, tion, possession and use of tion of the province - and could not • Former Gunnar Mine Site nuclear substances, prescribed legally apply. Rehabilitation Project in north- equipment and prescribed ern Saskatchewan, information; For uranium mines, the CNSC • The High Lake Mine Project • implementation of measures issues license for a series of stages in the Kitikmeot Region of respecting international control in the mine’s operation: Nunavut, and of the use of nuclear energy and • Licence to Prepare Site and • The Mine and Mill for the substances, including measures Construct Midwest Uranium Project in respecting the non-proliferation • Licence to Operate

4.0 Mining and Society 65 • Licence to Decommission removed from natural deposit by • Licence to Abandon surface activities for purpose of evaluating a potential ore body,” Operating licences for uranium mines and mills are for specifi c peri- CNSC staff have att empted to ods of time, usually between two address this regulatory gaff e and fi ve years, and are subject to by defi ning the evaluation of a licensing renewal decisions before potential ore body as being what the end of each licence period.320 happens aft er there is “suffi cient information known about mineral While the CNSC oversees the opera- deposit to be reasonably confi dent tion of uranium mines and refi neries that it could proceed to be mined and the use of radioactive sources economically,” At the same time, for oil exploration321 the mandate of they acknowledge that the “transi- the CNSC does not include approv- tion from exploration to evaluation ing or overseeing mineral prospect- is not clearly defi ned in the Act and ing or exploration. As far as the Regulations.” And they indicate CNSC is concerned, the licensing that it is the responsibility of the process for new uranium mines is mineral exploration project owner initiated following the exploration or operator to identify to the CNSC stage to identify a potential ore the intent to carry out “specifi ed body, and before specifi c physical activities,”323 activities are carried out to evaluate the best approaches for mining, ore National Parks and Marine processing, and milling for the ore Protected Areas body. 322 The federal government has the responsibility to protect natural Uranium removed during explo- environments that are representa- ration, as a “naturally occurring tive of Canada’s natural heritage. nuclear substance,” is exempt from Parks Canada is supposed to the Nuclear Safety and Control Act manage national parks to main- (NSCA), and uranium prospecting tain their ecological integrity while or surface exploration activities providing opportunities for pubic are exempt from the application understanding, appreciation and of the Uranium Mines and Mills enjoyment. The National Parks Act Regulation. was offi cially enacted in 1930.

But while exploration activities A fi ve-zone system provides a man- are exempt, regulations under the agement framework for national NSCA stipulates that “no person parks and area-specifi c applica- shall, except in accordance with a tion of management policies. Zone licence, mine and process nuclear I (Special Preservation) includes substance (or) prepare a site for, areas to be protected because of construct, operate, decommis- their representativeness of the natu- sion or abandon a nuclear facil- ral region or the presence of unique ity,” Further, the “Uranium Mines features. Zone II (Wilderness) and Mills Regulations” under the areas are also good representative NSCA states that the defi nition of examples of the natural region a mine includes an excavation site, and are to be conserved in a wil- i.e. a “place at which uranium is derness state. Zone III (Natural moved by underground activities Environment) areas are managed for purpose of evaluating a poten- as natural areas for outdoor recre- tial ore body” and “removal site,” ation requiring minimal services i.e. a “place at which uranium is and limited motorized access. Zone

66 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest IV (Outdoor Recreation) includes of Northern Development and regulation to use fi sh-bearing limited areas for more intensive Mines, and then begins apply- waters for tailings disposal forms of recreation, with related ing for permits to build the 4) permits for works in navi- services and direct access by vehi- mine from other government gable waters cles. Zone V (Park Services) is a ministries. There is no actual 5) for uranium – construction special zone reserved for communi- mine permit required.327 and operation permits from ties in national parks that contain • In BC, proponents need a the Canadian Nuclear Safety a concentration of visitor services Major Mines permit under the Commission and support facilities. Mines Act aft er obtaining an 6) permits for storage and use Environmental Compliance of explosives The National Parks Act states that Certifi cate.328 7) permits for archaeological public lands within the parks shall • In the Yukon, proponents need disturbances not be disposed of and no person a Mining Licence under the 8) transboundary shipment of shall occupy them except under the Quartz or Placer Mining Acts. hazardous waste authority of the Act or the regula- • Alberta requires a Metallic and 9) permits to take water tions. Ecological integrity is the fi rst Industrial Minerals Licence or 10) mine closure plan consideration in management plan- Lease. 11) approvals for roads and ning. Human activities that threaten transmission lines ( which may the integrity of a park’s ecosys- Regulatory controls over the envi- also require some of the other tem are not permitt ed. Generally ronmental and social impacts of permits also) this includes mining claims and mining are generally enshrined 12) work permits activity.324 in other laws: Environmental 13) approval of fuel handling Assessment, Water Acts, Planning 14) aggregate permit Provincial and Territorial Acts, etc. 15) permits to discharge toxins Regulation – A Summary into water Since the provinces are responsible Almost all provincial land-use 16) industrial/private sewage for the management of the mineral planning acts exempt mining from works resources, they are also respon- most land use plans and treat it as 17) approval of waste manage- sible for most mine permitt ing. The the highest and best use of land. In ment system specifi c regimes in each province/ Ontario, in areas of signifi cant min- 18) registration of generators territory are discussed under the eral potential, ideas for other kinds 19) approval for air emissions headings for each jurisdiction later of economic activity or develop- 20) approval of drinking water in this report. ment have to get special approval system to proceed. 21) permits under the Migratory There are diff erent requirements Birds Act in diff erent provinces. Since most In many provinces, there has to be 22) permits for land use (can provinces bend over backwards to some kind of public notice that the include approval from agricul- encourage mining, most Ministry permit is going to be considered. tural commission in Québec) of Mines websites set out the rules For example in the Yukon and the 23) approval under a municipal quite clearly.325 NWT, permits for advanced explo- offi cial plan ration are subject to public consulta- Historically, provincial mining laws tion, as are water permits and land Generally, there is more commonal- have shared many of the same char- use permits. In Ontario, applica- ity among provinces and territories acteristics due to the fact that they tions for permits with environmen- is in their approach to the alloca- are based on Crown ownership and tal impacts have to be posted under tion of mining rights than there is exploitation of mineral resources the Environmental Bill of Rights. in their regulatory application of under the Canadian Constitution. sustainable development principles Most mining laws set out the Types of provincial and federal and of environmental assessment manner in which the Crown may permits that may be required to outcomes.330 dispose of its minerals and others develop a mine include:329 may obtain rights to them.326 1) permits for exploration work Some provincial approaches to the • In Ontario, once the mining lease 2) permits to destroy fi sh confl ict between sustainability and is secured, the proponent fi les a habitat mining can be seen in the following closure plan with the Ministry 3) amendment to federal examples:331

4.0 Mining and Society 67 • British Columbia’s Mines Act and the promulgation of reha- imposes permit requirements bilitation regulations to ensure and authorizes permit exemp- environmental protection. tions for those proposing to establish mines in the province. • Ontario’s Mining Act’s purpose As a condition of permit issu- is to encourage prospecting, ance, the chief mine inspector staking, and exploration for may require security to ensure the development of mineral mine reclamation and to pro- resources and to minimize vide for protection and mitiga- adverse eff ects on the environ- tion of damage to watercourses ment through the rehabilitation aff ected by the mine. The Act of mining lands in Ontario. also authorizes the establish- ment of a mine reclamation fund • Québec’s Mining Act now to ensure suffi cient revenue to imposes greater obligations on provide for reclamation aft er a the Québec mining industry mine has ceased operating. The to rehabilitate and restore the Mining Rights Amendment Act environment from the adverse came into force in early 1999 eff ects of mining activities. and establishes a right of access The environmental restora- for holders of mineral claims to tion obligations apply to open all areas outside of parks and a pit or underground mines and right to compensation to hold- tailings areas, identify who ers of mineral tenure where a must carry out such work, and government expropriates that specify what must be done. tenure right to establish a park. Devolution • Saskatchewan’s Crown Minerals The term “devolution” is generally Act requires the responsible used to mean the transfer of author- minister to cancel any Crown ity by the federal government over disposition of resources where lands and resources to the northern an environmental assessment territories – the Yukon, Northwest determines that the develop- Territories and Nunavut – but ment should not proceed, and both Québec and Newfoundland- where the provincial cabinet, Labrador have also devolved some on the advice of the environ- of their provincial authorities to ment minister, so directs the emerging Aboriginal governments. minister. Upon cancellation, the The devolution of powers is linked former holders of the Crown to the respective land claims agree- disposition are entitled to com- ments and negotiation processes, pensation, but no other remedy and the self-government aspira- against the Crown. tions of the indigenous peoples of the respective territories. • Manitoba’s Mines and Minerals Act declares as its object and Transferring province-like respon- purpose: to provide for, pro- sibilities to the governments of the mote, encourage, and facilitate northern territories has been a long- exploration, development, and standing and common goal of both production of minerals and the Canadian and territorial gov- mineral products in Manitoba, ernments. The federal government consistent with the principles of has been in the process of transfer- sustainable development. The ring its decision-making powers Act authorizes the establishment to northern governments since the of a mine rehabilitation fund, 1970s, including responsibilities for

68 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest forestry and mining.332 retains the fi nal authority for Inuit Association, the Federal mining approvals in Nunavut. The Government and the Government Aft er several years of negotiation, environmental assessment process of the province of Newfoundland in October 2001 the Devolution in Nunavut is administered and and Labrador signed a compre- Transfer Agreement between the coordinated by the Nunavut Impact hensive land claims agreement. Yukon Government and Canada Review Board (NIRB).335 On December 1, 2005 Nunatsiavut was fi nalized, and on April 1, 2003, (“Our beautiful land”) and the responsibilities for public lands, The Minister of Indian and Northern Nunatsiavut government, (which water, forestry, mineral resources Aff airs has the ultimate responsibil- will consist of an Inuit self-gov- and environmental assessment ity for natural resources manage- erning regional authority and fi ve devolved to Yukon government.333 ment in Nunavut in terms of board Inuit community governments) appointments, and for regulatory became a legal and constitutional Over the last 30 years responsi- approvals such as water licenses. reality.339 They have yet to fi nish bilities for the delivery of health However, the federal government their land use plan, and are faced care, social services, education, has indicated its commitment to with confl icts over mining claims administration of airports and devolving its responsibility for on the land. forestry management have been management of mineral resources, transferred to the government of by 2008.336 Throughout the North, First Nations the Northwest Territories More have also signed self-government recently, the governments have There are also devolution agree- agreements for more control over been negotiating the transfer of ments between the respective their own territories. The Grand remaining provincial-type respon- provincial governments and Inuit Council of the Cree in Québec signed sibilities in the NWT. These include peoples within the province of the James Bay Northern Agreement programs and responsibilities Québec, – to establish Nunavik – and the Paix des Braves; the Sahtu for land and resources associated and the province of Newfoundland and Tlicho have signed agreements with the Northern Aff airs Program and Labrador – to establish in the Northwest Territories. The (NAP) of Indian and Northern Nunatsiavut. Council of Yukon First Nations has Aff airs Canada (INAC). They relate an Umbrella Final Agreement in to the management and regulation In June 2003 the Inuit corporation the Yukon. of surface and subsurface natural Makivik signed a framework agree- resources, mining and minerals ment with the Province of Québec 4.3 The Mining Industry (including oil and gas) adminis- establishing a formal process of tration, water management, land negotiations.337 An Agreement in Demand and supply management and environmental Principle was initialed by the nego- It’s been a tremendous decade for management334 A devolution agree- tiators for the three parties – Canada, the mining industry in Canada, ment between the governments of Québec and Makivik – on August 9, with a downward slide in markets NWT and Canada was completed 2007. The next step will be to nego- and commodity prices that started in 2006. tiate a Final Agreement which will in 1997, and a frenetic boom over be legally binding and will include the last three years. The Nunavut Land Claims a detailed Implementation Plan. Agreement (NLCA) is the basis for The Final Agreement will have to be From 1997-2004 economic activity resource management in Nunavut. ratifi ed by the Nunavik population, was aff ected by political tensions, The Nunavut Act, which created the Québec Government and the high energy prices, international the Territory of Nunavut, fl ows Federal Government. The parties trade disputes and weak economies from the NLCA. The territorial to the negotiations are optimistic in many countries around the world. government has responsibilities for that they will see the creation of the These factors caused a down-turn in wildlife management, conservation, Nunavik Government by the year both prices and demand for metal, health and social services, educa- 2011.338 The regional government which reduced mining activity and tion, infrastructure development, will also have rights to the region’s spending for mineral exploration in land administration and tourism, natural resources, including royal- Canada. while the federal government ties from the various mines in the retains responsibilities for approval region. The mining industry in Canada of mineral exploration and mining responded through cost-cutt ing projects. The federal government In January 2005, the Labrador measures, especially workforce

4.0 Mining and Society 69 reductions. Cost savings also came be carefully considered: from changes in mining methods, • Despite large expenditures in operational improvements and joint mineral exploration in recent operations, and corporate mergers. years, Canadian mineral reserves are relatively limited By 2005, a resurgence in demand for and the net size of the mineral minerals and metals strengthened reserve is shrinking; in 2004, prices. The Canadian mining indus- Canadian reserves of copper, try went from bust to boom. Over nickel, lead, zinc, molybdenum, the next few years, mineral explora- silver and gold decreased by tion exploded and a new generation amounts that varied from 3% for of mines began coming on-stream, molybdenum to 22% for silver,

© Garth Lenz while several older mines were continuing a trend of declining re-opened or expanded. A sweep- ore reserves that began in the ing set of foreign acquisitions and early 1980s mergers have literally changed the • With 85% of Canada’s exports face of the industry in Canada. destined for the United States, a weak American economy is The Canadian mining industry is a large factor for Canada and currently in a period of great expan- Canadian exports, including sion, as evidenced by record spend- mineral exports; moreover, a ing and record profi ts. Corporate strong Canadian dollar works operating profi ts in the Canadian against Canadian exports to mining industry were $7.0 billion the U.S., even should the U.S. in 2005, compared to $4.2 billion in economy begin to recover. 2004, $1.6 billion in 2003 and $1.7 • The current boom in commod- billion in 2002.340 ity prices is largely att ributed to booming economies and Price might not be everything – its expanding production in Asia, traveling companions “demand” and particularly in China and and “supply” share its glory – but it India. However, China is not has been the most signifi cant factor only emerging as the world’s in the calculation of corporate largest consumer of raw materi- profi t. als but may also become one of the world’s largest mineral pro- Copper’s average price from ducers. Industry analysts point 1994-2004 was about $1 a pound. In to the potential for China to 2005 it sold for an average of $1.71. become the world’s largest gold A year later, the price was almost producer by as early as 2010.342 $2 higher. In 2006, for every 5-cent In China, the cost for develop- increase in copper, copper pro- ing a new mine are estimated ducer Falconbridge (now owned by to be a fraction of the cost in Xstrata) could add about $37-mil- Canada, given that minerals are lion to their bott om line.341 being identifi ed near surface and labour costs are low, with Similar tales could be told about mine operators paid only $4,000 other metal commodities. per year and chief geologists $500 per month.343 However, the present boom needs • Increased production and to be regarded cautiously, espe- labour shortages in Canada have cially by mining-dependent com- resulted in 30-40% increases in munities. Although some analysts operating and capital costs, and believe it is a long-term phenom- long delays in going into devel- enon, the following factors should opment. The proposed Galore

70 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Creek Mine was shelved aft er company by market capital- company planned to divest itself capital costs zoomed from $2 ization and fi ft h-largest by of the Dofasco plant and had met billion to $5 billion in only two production. strong resistance from the union. years. • Kinross Gold Corporation’s take- Stelco of Hamilton was sold to US over of Bema Gold Corporation Steel. Ipsco Inc., a company that Mergers and Acquisitions moved Kinross into the upper originated in Regina and continues The dominant companies at home ranks of mid-tier gold miners. to operate there was purchased for in Canada and in Canada’s boreal Previously, in 2002, Kinross US$7.7-billion by SSAB Svenskt are also the big players abroad. Gold Corporation, TVX Gold Stal AB of Sweden. Algoma Steel Just a few years ago, the list of Inc., and Echo Bay Mines Ltd. Inc. of Sault Ste. Marie, Ont. was companies would have included had merged to make Kinross bought for $1.85 billion in June by Noranda, Teck-Cominco, Inco, the world’s seventh largest pri- Essar Steel Holdings Ltd. of India. Placer Dome, Barrick Gold and mary gold producer. Harris Steel Group Inc. of Toronto Cameco. By mid-2007, only half of • Switzerland-based Xstrata Plc was purchased for $1.25 billion those companies remained, with bought Falconbridge Limited. In in March by Nucor Corp. of the Noranda, Inco and Placer Dome 2005, Noranda Inc had increased United States. swallowed in an international cor- its shares in Falconbridge so that porate eating frenzy. it eff ectively was one company. In 2005, HudBay Minerals Inc. took • Companhia Vale do Rio Doce over Ontzinc which had acquired 2006 was “The Year of the Merger,” (CVRD) of Brazil took control Hudson Bay Mining and Smelting with mergers and acquisitions of Inco Limited, the western Co., Limited (HBMS) from South transforming the corporate mining world’s largest nickel producer. African Anglo American plc. Anglo- map in Canada. Aft er numerous CVRD also bought Canico, a American had been anxious to sell plays, considerable drama, and junior resource company. the zinc and copper mines and several failed takeover att empts, • Iamgold Corporation acquired smelters, as they were near the end the year ended with the following Cambior Inc. for $1.1 billion. As of their useful lives. The company outcomes in place: Iamgold did not have produc- had controlled the Manitoba- and • Barrick Gold had completed ing mines in Canada prior to Saskatchewan-based operations for a takeover of Placer Dome the transaction, the acquisition 75 years. Inc., including Placer Dome made the company a mid-tier (CLA) Limited in March 2006. miner in Canada. The mergers and acquisitions have Barrick took over properties • Lundin Mining bought made foreign ownership more pro- in Tanzania, the Philippines, LionOre nounced, and have changed the Papua New Guinea, Chile, Peru • Shore Gold and Kensington stratifi cation of the industry with and elsewhere. It also bought Resources Ltd. merged the emergence of new middle-sized out Pioneer Metals Corporation • Gold Fields Ltd. of South Africa players. Although there has been • As part of the deal, all the bought Toronto-based mining some debate about the role of for- Canadian Placer Dome prop- company Bolivar Gold Corp eign companies in the exploitation erties were sold to Goldcorp • Yamana Gold bought of public resources, the political Inc. for US$1.6 billion, includ- Viceroy Exploration Ltd for leadership at both the provincial ing Placer’s 51% interest in the $577-million and federal levels has not engaged. Porcupine Joint Venture (with • Denison Mines and Interna- Kinross Gold Corporation), tional Uranium Company (IUC) Canadian laws and regulations which was the most lucrative of merged operations and assets. facilitate foreign ownership. There these mines. are no restrictions on foreign • Goldcorp Inc. also acquired Canadian steel companies also exchange, or on the repatriation of Wheaton River Minerals Ltd. faced mergers and acquisitions in capital or profi ts. A foreign owner and Virginia Gold Mines Inc.’s this period. Hamilton Steelmaker can obtain Canadian resource Éléonore gold project in James Dofasco was bought by Arcelor SA tax treatment by incorporating a Bay, Québec. of Luxembourg, the world’s second company whose activities could • Later in the year, Goldcorp largest steelmaker, for $5.6 billion; qualify as a Principal Business acquired Glamis Gold Ltd, in but later in the year, Arcelor itself Corporation. Equity capital can be a reverse take-over, making it was sold to Dutch giant Mitt al, repatriated tax-free. Withholding the world’s third-largest gold becoming Arcelor-Mitt al. The new tax rates are low and declining.344

4.0 Mining and Society 71 Most jurisdictions have few limits even bring a mine into production, on foreign directors. although usually just the smaller operations. In most cases, as a Currently, following the project goes into production the Falconbridge and INCO takeovers, junior company will sell to a senior nearly all of Canada’s nickel and company. cobalt, the bulk of its silver, zinc and platinum group metals, as well as What is growing in Canada in recent half of its copper-producing mines, years is the middle tier of compa- are owned by off -shore interests. nies, who are neither the mining Teck Cominco is now the only giants nor the upstart juniors. Inmet major Canadian-owned base-metal Mining and Hudbay Minerals are company operating in Canada. long-standing members of the mid- tier club. Kinross’s friendly merger There is speculation that there is with Bema Gold entrenched Kinross more to come. Analyst Eric Reguly in the upper echelon of mid-tier describes Canadian mining compa- gold miners, and Lundin’s acquisi- nies as ripe for the picking: tions and mergers have gained it recognition as a rapidly growing Foreign mining companies mid-tier mining company. Crew consider Canada a shopper’s Gold Corporation is an example of paradise. The targets are ideal: an international mid-tier mining They’re big enough to matt er company focused on identifying, but not so big as to be eff ectively acquiring, developing and operat- takeover-proof. For that reason, ing resource projects worldwide. Canada’s mining stalwarts will For some of the juniors like FNX likely vanish as the last great Mining Company, which has a round of the global consolidation growing presence in the Sudbury game gathers momentum. basin, the objective is to join those mid-tier ranks. Several executives of interna- tional mining companies talk Junior Mining Companies and of carving up Canada’s mining the Exploration Boom industry like a plump Thanks- Many of the junior mining compa- giving turkey. Of course, none nies creating havoc in communities of them want to be identifi ed. these days have no real expectation Canadian investors don’t seem of developing a mine. Instead, they to mind. They are gett ing so fat are “inspired by market trends on juicy takeover off ers that they and taking advantage of the mad- can barely waddle away from ness of crowds when faced with the table. But the profi ts come at an eff ective market hype program some cost. Long-term opportuni- that permits these companies to ties disappear when companies raise millions in equity from naïve are eradicated from the stock (or blindly greedy) public investors exchange. Fewer head offi ces to keep their exploration programs translate into fewer high-paying going,”346 careers, lower tax receipts and a blow to local and national pres- Their balance sheets oft en show tige -- no one wants branch-plant nothing but operating losses, as the status.345 only cash they generate is from the shares they sell (which shows up on The junior mining companies fi nd the assets-liabilities section of their the deposits, do the initial explora- fi nancial statements). tion and development, and might

72 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest The ability to raise money for companies is to mine investors and According to a Price Waterhouse exploration is enhanced by two the tax system, not the land. It must Coopers (PWC) report, “Mine: federal programs: the Accelerated be noted, however, that exploration Riding the Wave,” global net profi ts Capital Cost Allowance (ACCA) itself creates substantial environ- in the mining sector rose by 64% in and the Super Flow-through Share mental damage. 2006, 15 times higher than in 2002. Program. Mining exploration also The number of Canadian compa- enjoys a special incentive called Junior mining companies are rep- nies among the world’s 40 largest “Canadian Exploration Expenses” resented by the Prospectors and public mining concerns, however, (CEE). Developers Association and vari- fell from 12 in 2003 to six in 2006. ous provincial prospectors groups Super fl ow-through shares, tax that are oft en government-funded. Canadian companies still on the credits, and their provincial equiv- “top 40 list” included Agnico- alents enrich speculative inves- Canadian Mining Companies Eagle Mines Ltd., Barrick Gold tors by reducing the aft er-tax cost Abroad Corp., Cameco Corp., Goldcorp of a $1,000 investment in mineral There are more mining companies Inc., Kinross Gold Corp. and Teck exploration in Canada to as litt le based in Canada than any other Cominco Ltd. CVRD, which bought as $284 in Québec and $382 in BC. country in the world. In 2005, 155 Inco, was the fastest growing com- The Prospectors and Developers of the world’s 304 larger mining pany among the top four by market Association of Canada annually pro- companies were based in this coun- value, increasing by 56 per cent in vides a leafl et that shows how these try. The value of the exploration 2006. numbers have been calculated. programs that the larger Canadian- based companies planned to under- For 2006, the companies in the It is important to note that most take in Canada and elsewhere report made $67 billion on revenues provinces also off er fl ow through around the world increased in that of $249 billion.350 shares and tax incentives for mines year to more than $1.9 billion.347 in remote areas (e.g., ten year tax Mining Industry Associations holidays) in addition to the federal Roughly two-thirds of the world- Many – but certainly not all – of program. A study of these programs wide budgets of the larger Canadian- the companies currently operat- can be found in Looking Beneath the based companies were allocated to ing mines in Canada’s boreal are Surface: Assessing the Value of Public programs abroad in 2005, about members of the Mining Association Support to the Canadian Metal Mining the same proportion as in each of of Canada, which is the industry’s Industry (2001), which is avail- the previous three years. Almost main lobby group and industrial able on the MiningWatch Canada 70% of the 155 larger Canadian- organization. website. based companies planned to work abroad during 2005. Of these 155 Mining Association of Canada There has been a proliferation of companies, half planned to work (MAC) limited partnerships where invest- only abroad, while 21% planned to The Mining Association of Canada, ment dealers broker the relationship work in both Canada and abroad headquartered in Ott awa, plays between individual investors, who and 30% planned to work only in a major role in supporting its want the tax losses, and companies this country.348 members in their eff orts to aff ect that are willing to give up portions Canadian regulation of the mineral of their CEE tax pool in return for Canada continues to be a world sector, as well as public and gov- the investment. These dealers make leader in raising equity capital for ernment’s perception of the mining anywhere from 20-40% in fees for exploration and mine development. industry. the transactions, so they have their Of the $24 billion raised in equity own interest in maintaining the fi nancing for global mineral explo- The Association’s 29 members program. ration and development between represent the major players in the 1998-2002, 41% was raised in base and precious metals market. The combined eff ect of all this is a Canada, compared to 12.5 % in the While MAC has traditionally rep- net upsurge in companies that want United States, 13.6% in Australia, resented the senior mining compa- to create exploration costs and hype 5.8% in South Africa, 10.4% in the nies primarily, their membership their claims, even when the mine United Kingdom, and 16.5% in has diversifi ed over the last decade, may have no real chance of ever other countries.349 and now includes a mix of senior going ahead. The intention of these companies such as Barrick Gold,

4.0 Mining and Society 73 mid-tier companies such as Aur development of Canada’s mining Resources, and junior companies and mineral-processing industry, such as Canadian Zinc. for the benefi t of all Canadians.”

MAC has also brought in some The Association can play a posi- of the industry outliers in recent tive role in some consultative pro- years, such as major uranium pro- cesses, working with its members ducer Cameco and regional players to develop positions that may fi nd such as Iron Ore of Canada Ltd and some support with other stake- North American Palladium. The holders. For example, the Mining net eff ect of this can be expected to Association has made signifi cant be positive for two reasons: contributions to the National • In general, the Mining Orphaned/Abandoned Mines Association of Canada presents Initiatives, providing fi nancial sup- the more progressive face of the port, administrative support, and mining industry, particularly constructive representation on the on social and environmental Initiative’s steering committ ee and concerns; while many mining working groups. practices may still be problem- atic, the Association has gone to In 2004, the Mining Association of considerable eff ort and devel- Canada launched their “Towards oped considerable expertise in Sustainable Mining” (TSM) initia- “best practices” and it can be tive. MAC describes it as being only helpful to have the broader about the industry earning its social constituency of mine operators license to operate, improving min- exposed to and committ ing to ing’s reputation by improving per- improved practices; and formance, and aligning the indus- • In past years, the industry was try’s actions with the priorities and oft en able to increase their rep- values of its communities of inter- resentation at multi-stakeholder est. There is a TSM Communities of consultative tables, arguing that Interest (COI) Advisory Panel with those companies which were a multi-stakeholder membership not members of MAC were which meets twice a year. not being represented, and so required additional seats at the In the TSM Annual Progress table. For example, during the Reports, MAC’s member compa- lengthy process to review and nies report on four key performance revise the federal mine effl uent areas: tailings management, energy regulation, the industry was use and management of greenhouse represented not only by the gas emissions, external outreach, Mining Association of Canada, and corporate crisis management but also by representatives of planning. Companies also publish non-MAC-member companies, their overall releases as required who argued that their interests by the National Pollutants Release were unique enough to warrant Inventory (NPRI), as well as energy additional industry seats at the use and GHG emissions data. The table. objective is to show Canadians the industry’s current performance and Dating back to the mid-thirties when ways of improving it. it was known as the “Canadian Metal Mining Association,” MAC The TSM results in these two describes its mission as being “to reports are based on self-assess- promote, through the collective ments conducted internally by each action of members, the growth and company. MAC has developed an

74 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest external verifi cation system which In September 2007, MAC inter- An aggressive lobbying organiza- will be launched in 2007 that will vened in the decision by the tion, PDAC describes its mandate require that companies and facili- Mackenzie Valley Environmental as being threefold: advocacy, infor- ties to have their TSM performance Impact Review Board (MVEIRB) mation, and networking. indicator assessments externally to refuse a permit for uranium verifi ed. The TSM Annual Report exploration to Ur-Energy in the PDAC claims numerous lobbying for 2004 and 2005 also presents the Thelon watershed. Without con- successes over the years, including results of progress in designing a sulting the Communities of Interest the introduction by the federal gov- TSM verifi cation system and the Panel, MAC wrote to the Minister ernment of the ‘super’ fl ow-through work of the COI Advisory Panel. of Indian and Northern Aff airs exploration investment tax credit, MAC requires all member compa- urging him to grant the permits for the increased focus on geoscien- nies who have adopted TSM, its uranium exploration. The MVEIRB tifi c activities across Canada, the guiding principles and its obliga- had shocked the mining industry decision of the Ontario Securities tions to report on key performance when it denied Ur-Energy’s plan to Commission to retain its rule on areas within three years.351 drill up to 20 holes near the Thelon exempt distribution, and the cre- River because it threatened the ation of a “special industry-gov- At the same time, MAC’s primary spiritual and cultural well-being of ernment committ ee” to “resolve purpose is to act as an advocacy the area’s Akaitcho Dene. regulatory problems in northern agency for industry’s interests, Canada,” Another coup for PDAC which are frequently at odds with “If implemented, the recommen- was the award of funding from the public interest. For example, dation of the review board would the Government of Ontario for the MAC played a key role in the “Keep eff ectively terminate mineral explo- industry group’s “Mining Matt ers” Mining in Canada” campaign, which ration in an important part of the program. A registered charity, promoted an industry agenda of N.W.T.,” MAC wrote to then-min- “Mining Matt ers” is an “informa- deregulation and increased subsi- ister Jim Prentice aft er the original tion” campaign promoting mining dies. Now fl ying under the banner decision. Many of the COI members to school children. of the “Mining Works for Canada “ were outraged by this position.352 the re-packaged campaign’s goal is Still not satisfi ed, PDAC claims that to “facilitate the growth and devel- Prospectors and Developers “raising working capital, access opment of the mining industry by The Prospectors and Developers to land, and onerous regulations enhancing the industry’s reputation Association of Canada (PDAC) is are just some of the continuing with key federal decision-makers,” another major, country-wide indus- challenges.” Other campaign priorities are to try organization. Based in Toronto, reduce regulation, reduce taxes, the PDAC represents the interests Other national organizations and increase public subsidies to of the Canadian mineral explora- that promote the interests of the mineral sector. It is the primary tion and development industry. In the mining industry include the communications arm of the Mining existence since the early ‘30’s, PDAC Canadian Association of Mining Association of Canada. purports to speak on behalf of 6,000 Equipment and Services for individual and 800 corporate mem- Export, the Canadian Institute of One of the “MiningWorks for bers. There is considerable overlap Mining, Metallurgy and Petroleum, Canada” campaign’s annual between PDAC’s 59 “senior” cor- the Canadian Mining Industry events is a lobby day in Ott awa, porate members and the Mining Research Organization, and the when mining executives take the Association of Canada’s member- Coal Association of Canada. Hill and meet with 50-60 federal ship. PDAC’s 48-member board decision-makers, including sev- includes a wide range of represen- Canadian Aboriginal Minerals eral Ministers and Caucus Chairs. tation, from individual prospectors Association (CAMA) Messages over the last several years or consultants to the likes of Barrick The Canadian Aboriginal Minerals have sett led into a few key themes: Gold and Teck-Cominco, along with Association (CAMA) has been excessive regulation, declining a grab bag of law fi rms, junior and around for fi ft een years, delivering mineral reserves, and tax reform. mid-tier companies, and mining its message of “participation” for MAC organizes the lobby day and industry service providers, plus a Aboriginal communities in mineral reception on Parliament Hill each few Aboriginal representatives. exploration and development. November.

4.0 Mining and Society 75 CAMA describes itself as an exploration, development, opera- “Aboriginal, non-profi t organization tion and closure, it glossed over which seeks to increase the under- the serious environmental, social standing of the minerals industry, and cultural impacts of mining on Aboriginal mining and Aboriginal Aboriginal governments and com- communities’ paramount interests munities, omitt ed any discussion in lands and resources,” However, of the relationship of mineral stak- its membership is comprised of ing and exploration to questions of “interested Aboriginal communi- Aboriginal Rights and Title, and ties,” plus mining companies, gov- provided no resources, links or ernments and suppliers. bibliography for Aboriginal people and organizations.354 While CAMA describes itself as being “an instrument for the While the need was real, and the advancement of Aboriginal com- opportunity was there, the prod- munity economic development, uct refl ected CAMA’s industry mineral resource management and roots rather than responding to the environmental protection” there needs of Aboriginal communities have been concerns raised about the dealing with mining and mineral relationship between CAMA and exploration. its industry partners (and industry members and funders). In essence, Other organizations the concern raised is whether the In addition to the national organi- net outcome of CAMA’s eff orts is zations, each province or territory the facilitation of Aboriginal com- has at least one and oft en several munities’ participation in economic industry organizations, operating benefi ts and decision-making, or at a regional or provincial / terri- the delivery of Aboriginal commu- torial level, including groups like nities to mining interests. Alberta Chamber of Resources, B.C. and Yukon Chamber of Mines, A case in point is the Aboriginal the Mining Association of British Toolkit, funded by industry and Columbia, the Mining Association government and developed by of Manitoba, the Northern CAMA. Even in its announce- Prospectors Association, the New ment, the Toolkit became suspect. Brunswick Mining Association, It emphasized that the kit’s purpose Northwest Territories and Nunavut was to increase Aboriginal partici- Chamber of Mines, the Ontario pation in mining, while industry’s Mining Association, the Ontario pronouncements anticipated that Prospectors Association (recipient the Toolkit would lead to more of a $4 million start-up grant from mining on Aboriginal territories.353 the Ontario government in 2000), the Association for Mineral Exploration of British Columbia (AMEBC) the For its part, the mining industry Northwest Mining Association, the believes the tool kit will facilitate Québec Mining Association, the new mining development. Saskatchewan Mining Association, - MAC PDAC CAMA NRCAN News and the Yukon Chamber of Mines. Release March 17, 2004 Some companies are members in several organizations, both provin- The product, unfortunately, bore cial and national, and the mandates out that promotion. Although and activities of the provincial and the Toolkit provided a primer on national organizations are gener- activities at the stages of mine ally similar, albeit more focused

76 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest on their own particular level of on sustainable development in government. September 2002, the activity level among the industry associations Not surprisingly, given the global and industry-sponsored initiatives reach of Canadian mining compa- became more focussed on produc- nies, these same players are also ing public relations products and active in international organiza- creating the right optics for the U.N. tions and pro-mining campaigns, conference. such as the Global Mining Initiative, the Metals, Mining and Sustainable Development project, and exer- cises like the Asia-Pacifi c Economic Countries’ Group of Experts on Mineral and Energy Exploration and Development (GEMEED).355

Singly and in combination, these exercises have the intention of “greening” the image of the mining industry, and recasting the fun- damentally unsustainable extrac- tion of non-renewable resources in a “sustainable development” framework. For example, prior to the convening of the 10-years- aft er Rio United Nations summit

© Chad Petrie 4.0 Mining and Society 77 5.0 Aboriginal Peoples results, however, include a body of and the Mineral Sector knowledge and expertise within the Aboriginal communities about the 5.1 The First Peoples impacts of mining on indigenous culture and lifestyles. Some First Aboriginal peoples are the origi- Peoples have developed strategies nal inhabitants of the Boreal. They to protect communities from some include the Innu of Labrador, the of the adverse eff ects and gain some Mushkegowuk of Northeastern economic benefi ts. Ontario, the Cree of Northern Québec, Ontario, Manitoba, Many Aboriginal communities still Saskatchewan and Alberta, the Dene fi nd they face the mining company and Cree of northern Saskatchewan, alone, and have to learn the same the Deline and Dene and Tlicho lessons that others learned before of the Northwest Territories, the them, through bitt er experience. Tlingit, Tse Keh Nay, Gitksan and In many cases, mining and explo- Tahltan peoples of northern BC and ration companies seek the path the Dene of the Yukon, the Inuit of of least resistance, preferring to the far north. They have lived with exploit weaknesses in legal, politi- the land since time immemorial. cal, jurisdictional and other areas if it is advantageous or “more In mineral development, impacts effi cient.”356 are borne fi rst and foremost by Aboriginal peoples. In some cases, First Peoples are interested in eco- the First People may have been nomic development, and by exten- removed from the land or relocated sion, are not necessarily opposed to other parts of their traditional to all mine developments. At the homelands many decades ago, same time, two common experi- such as the older mining “camps” ences repeat themselves. First, of Timmins, Rouyn-Noranda or mining has had adverse impacts Yellowknife, where mining has on the land and water upon which been taking place for almost a cen- Aboriginal people rely, and, by tury. These relocations were oft en extension, on the peoples and their “Overall the levels of employment motivated by mineral or other natu- cultures. Second, Aboriginal com- achieved have been limited in ral resource development interests. munities oft en lack the background at least two respects. First, the In other cases, the impacts are more information and technical support proportion of Aboriginal people recent. They may include reloca- they need in order to deal with the employed in industry such as tion, or may mean a loss of the land mining companies on an equal foot- mining is little better than the – or an ability to live on the land – ing when they are confronted with proportion of Aboriginal people due to displacement, disposition, mine development proposals. in the community population or contamination from mining. despite the proximity of While these negative experiences Aboriginal communities to the During 150 years of mining in are recurring, they are not inevi- resource project and counting Canada, First Nations communities table. As case law has evolved so all Aboriginal people employed have gained considerable experi- too could the regulations governing in the sector, not just those ence with the dramatic eff ects of mining and mineral development. employed by non-Aboriginal mineral extraction on the landscape Canadian case law and international companies. Second, evaluation and their lives. precedents exist in key areas where reports consistently conclude reform is most needed: the need for that Aboriginal employment is Some of this experience has been prior and informed consent, and restricted to less highly skilled tragic, such as the exposure of the for meaningful requirements for lower wage occupations.” Deline people to radioactivity from benefi t-sharing/restitution where Royal Commission on Aboriginal uranium mining at Port Radium mines are already operating and/or Peoples, 1996. in the Northwest Territories. The have been permitt ed. 78 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest 5.2 Issues and Impacts the Kaska Dene in the Yukon, the when the mines started dumping Missinabie Cree First Nation and their waste tailings into Lac Dore Before the mine is established, Kitchenuhmaykoosib Inninuwug and Lac Chibougamau. It found before any assessment, and cer- in northern Ontario. that the mines are still leaching tainly before any agreement to share contaminants, and proposed that economic benefi ts is made, mineral “When people are afraid to eat epidemiological studies of the Cree exploration takes its toll on the land their wild meats, we see more should be carried out to establish a and the people who live with it. and more people are getting clear link between the contaminants As discussed in Section 3.3 of this diabetes, heart disease and high and the deaths they have caused. In report, while the impacts of mineral examining sediments in Lac Dore blood pressure. They are also exploration are signifi cant, there are where the Cree fi sh, the level of few rules in place. Environmental too poor to afford store bought cyanide in the water was 40 times assessment of mining projects foods.” (Yukon health worker) the allowable limit, while the sedi- comes aft er the exploration activi- Gaining Ground: Women, Mining ments were found to have 101mg of ties, rather than before. & the Environment arsenic per kilogram, compared to the Canadian environmental qual- In 1995 alone, more than 250,000 From coast to coast to coast, ity guideline for arsenic of is 5.9 mg claims were staked in Nitassinan, Canadian mining operations have per kilogram. In Lac Chibougamau, covering nearly half of the vast left behind a nasty legacy of con- the arsenic level was 243 milligrams Innu territory. With the exploration tamination, which will impair water per kilogram, or 41 times the allow- boom came base camps, cut lines quality and aff ect fi sh and country able limit. The study also found high and fuel caches; then, a few years food for the foreseeable future. levels of heavy metals in fi sh caught later the boom was over, leaving There has been a decline in wildlife in the lakes and in hair samples behind abandoned camps that now populations around the Faro Mine from Ouje-Bougaumau residents. resemble garbage dumps.357 While since operations began.359 Many All the metals detected are toxic to they were active, the camps them- First Nations have expressed con- humans; they are known to cause selves, with their drilling rigs, heli- cerns about contamination of wild- cancers of the kidney, liver, lung copter fl ights and their occupation life, including the Litt le Salmon and skin and have other negative of the land, were aff ecting wildlife Carmacks First Nation, whose eff ects on human health. The report and the opportunity for people to members have been concerned author recommended that another continue to practice their traditional to see caribou, moose and bison 27 mines in northern Québec also life style. drinking contaminated water from be studied.361 the tailings pond at BYG’s closed Ongoing tensions persist where Mount Nansen gold mine.360 In addition to all of the environ- expectations are being unmet: what mental problems that come with a may seem irrelevant to a mining or In response to similar concerns, the mine, there are social and cultural exploration company may prove Crees of Northern Québec hired an challenges that mines or other large critical to the survival of a cultural independent expert to study ground developments pose, particularly for practice. For example, the people water and environmental contami- small or remote communities. They of the Muskrat Dam First Nation in nation coming from mines in the are oft en challenges that are faced by Northern Ontario were adversely territory of the Ouje-Bougaumau First Nation communities in whose aff ected by the disruption of goose Cree Nation. The study, released territory mining is occurring. hunting for an entire season result- in October 2001, was undertaken ing from unexpected exploration to fi nd out why the fi sh the Cree In the “boom time” of a mineral activity. depend on for food have deform- exploration rush or a new mine’s ing mutations. It looked for traces construction and start-up, vary- The Innu also observed that mineral of contaminants near three mining ing numbers of transient workers exploration alienates land. Where sites, and found high levels of arse- arrive, bringing with them changes lands are explored and minerals nic, cyanide, lead, mercury and in community stability and dynam- found, their lands were no longer other heavy metals in the water, ics. Social problem may escalate, available for selection in the land fi sh and human beings. including alcohol abuse, spousal claims process.358 This experience and child abuse, sexual assault and and concern is shared by many The report concluded that the harassment, and erosion of cul- other First Nations, including problem dates back to the 1950s tural traditions and customs. Food 5.0 Aboriginal Peoples and the Mineral Sector 79 sources are frequently threatened by 5.3 Rights and Responses increased hunting by outsiders, and “I wish that everyone who works by disruption of migration patt erns While the “right to mine” may -- goes to work in Voisey’s Bay and wildlife habitat. As traditional appear to be paramount in mining would take a cross-cultural foods become harder to access, new laws and in the att itude of regula- course. A course where they fi nancial and nutritional problems tors across Canada, Aboriginal peo- learn about native people in the may emerge.362 In some commu- ples are asserting their rights under area, how we live, how we eat nities, elders have noticed more Section 35 of the Constitution, argu- and some of the values that we parasites and diseases in fi sh and ing that their rights trump mining have. We don’t need people wildlife found near mine sites, and, rights. coming into Labrador who have in these same communities, some no understanding of native elders have developed allergies to Numerous court cases have people. I don’t want to always the fi sh and wildlife that they had upheld and are giving defi nition have to defend myself when this eaten all their lives.363 to Aboriginal and treaty rights, infl ux of people come to live in our most notably the Sparrow decision area. I want Voisey’s Bay Nickel Even the economic benefi ts of jobs in 1990, Delgamuukw in 1997, the to be proactive on this issue and improved incomes may come Haida and Taku decisions in 2005, rather than making us reactive. I with an unanticipated or unin- the Mikisew decision in 2005, and don’t want to see racism showing tended cost. For example, when the Musqueam decision in 2007. its ugly face in Voisey’s Bay.” community members become part Many challenges remain, however, (Joyce Ford, Rigolet Women’s of the industrial work force they in having those rights recognized Association, Voisey’s Bay Mine may be more limited or unable to and respected by both government and Mill Project Environmental participate in traditional activities. and industry in the day to day Assessment Hearing Scoping First Nations employees may need struggles over mine development. Session, May 1997) to learn to speak a foreign language which can introduce subtle yet pro- Treaty rights are those rights found transitions in cultural tradi- granted under specifi c agreements tions - for instance, as the number that have been entered into by par- of people speaking traditional lan- ticular First Nations and the Crown, guages in the community begins to most of which were signed during decline.364 the 1800s and early 1900s. Under Another negative impact, although these agreements, according to it stems from a positive impact, Employment, while seen as an the governments of Canada, large that being a family member has economic benefi t, has a downside tracts of land were oft en ceded in a job, is the stress women are as well, particularly in situations return for monetary payments and put under when their husbands where the miners stay at the mine hunting and fi shing rights. The First go off to work at Voisey’s Bay. site. This results in separation from Nations, in contrast, view these as All of a sudden it seems as home and family, leaving one parent treaties of peace and friendship, though those women become at home with all of the responsibili- rather than as statements of sur- single mothers. Could Voisey’s ties for child rearing. render. Given the complexity of Bay Nickel Company not come these legal documents, the diff er- up with a better work schedule? Many First Nations people experi- ences between oral and writt en Even better yet, could they not ence discrimination while on the cultures, and the narrow interpre- give workers the option of moving job site. There are also diffi culties in tations made on the part of the non- their families up to Voisey’s Bay gett ing access to training. Language Aboriginal governments, many of to live while they work there?” diff erences increase the challenge, these agreements are contested by (Joyce Ford, Rigolet Women’s oft en making the mine workplace a the First Nations signatories. Association, Voisey’s Bay Mine formidable environment.365 and Mill Project Environmental Land claims agreements are Assessment Hearing Scoping These social impacts can be avoided, modern treaties establishing a First Session, May 1997) managed or mitigated, but only Peoples’ rights over specifi ed lands, with appropriate resources and and may also include the establish- att ention. ment of new institutions to regu- late the land and resources, and

80 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest resolve disputes. Land claim sett le- negotiation processes, ensuring of their Aboriginal rights. This ment areas may include portions open communication between includes resource development where the Aboriginal peoples own the mineral sector and potentially or mining proposals. This duty both the surface and subsurface aff ected Aboriginal communities, to consult not only requires the rights, aff ording them full control and removing barriers that prevent Crown to substantially address the over mining activities. Land claim Aboriginal people from maximiz- concerns of First Nations, but may sett lement areas may also include ing their benefi ts from mining also require the Crown to obtain portions where the First Peoples activity. It was signed by represen- the consent of First Nations prior to own only the surface rights, pro- tatives from federal and provincial any development on Aboriginal title viding the Aboriginal peoples governments, two of the national lands.368 The Delgamuukw decision signifi cant control over access to Aboriginal organizations,366 major described a range of depth to this the land along with provisions to mining companies and industry duty, from a duty to discuss deci- resolve confl icts where subsurface associations, labour and environ- sions when the activity is of litt le interests may confl ict with surface mental groups.367 or no eff ect on aboriginal title, to access. This arrangement may oft en much more substantial engagement provide compensation for access Almost a decade later, references where the eff ect of the activity may provisions. to the Whitehorse Mining Initiative be more profound. It acknowledges “commitments” have become infre- that “some cases may even require Despite established rights, a great quent, but every major mining com- the full consent of an Aboriginal number of outstanding land claims pany would describe itself – at least nation.”369 languish while business and gov- in principle – as being committ ed ernments move forward with the to consultation. Likewise, govern- The 1997 decision of the Supreme development of new mines in ments continue to give the principle Court of Canada in the case of response to global markets and lip service, for example through a Delgamuukw v. British Columbia was burgeoning commodity prices. variety of provincial ‘consultation a turning point for treaty nego- frameworks’. Case law has largely tiations in British Columbia, and In the early 1990’s, the mining indus- outpaced the commitments of the has broad implications for issues try initiated the Whitehorse Mining WMI to consultation and benefi ts- around resource development Initiative (WMI), a multi-sector sharing with Aboriginal peoples, across Canada. The decision con- process involving government, and there is now increasing power fi rmed that Aboriginal title does industry, labour organizations and on the part of many First Nations to exist in British Columbia, and deter- aboriginal groups. Many hoped it set the agenda for mining proposed mined that Aboriginal title is a right would make signifi cant progress in for their territories. Exploration to the land itself. This right is not the recognition of Aboriginal rights activities, as noted elsewhere in this just the right to hunt, fi sh or gather, and access to the economic benefi ts report, continue to be a problem but means – among other things from mining, as well as improving point between First peoples and the – that when dealing with Crown standards for environmental care mineral sector. land, the government must consult and mine-related decision making. with and may have to compensate The Sparrow decision of 1990, and First Nations whose rights may be The two year process culminated Delgamuukw seven years later, both aff ected.370 The Delgamuukw deci- in the signing of an Accord in set out the legal requirement for the sion also ruled that, if a First Nation September 1994. It included shared Crown to consult with First Nations has Aboriginal title, it has exclusive goals of sett ling land claims fairly people on decisions that may aff ect use and occupation of the land over and expeditiously, supporting their Aboriginal title or the exercise which the title applies, including sub-surface or mineral rights. Whitehorse Mining Initiatives Principles However, two constraints are placed on that right: the Court said that the • Aboriginal people have rights protected under the Constitution Act, land must be used in a manner con- 1982, which include, among others, rights to lands and resources. sistent with the special connection • Aboriginal peoples are entitled to opportunities to participate fully in between the people and the land; mineral development at all stages of mining and associated indus- and non-Aboriginal governments tries and at all employment levels. may have an ability to infringe on Aboriginal title or use of the land, Whitehorse Mining Initiative Leadership Council Accord, 1994 5.0 Aboriginal Peoples and the Mineral Sector 81 including for the development of to promote the process of reconcili- a mine. However, the Crown also ation mandated by s. 35(1)” (Taku has a fi duciary obligation to act for Court decision, at paragraph 24) the benefi t of the First Nation, so it would have to demonstrate that the Subsequent decisions of lower infringement, such as a new mine, courts have begun to fi ll in the would refl ect and accommodate general framework outlined by the the interests of the First Nation. It Supreme Court of Canada.373 also must engage in good faith con- sultation with a First Nation before The November 2005, the Supreme making a decision that would aff ect Court of Canada decision in them.371 Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage) fur- ther affi rmed the existence of a duty “There is always a duty of to consult in a post-treaty context. It consultation.” ruled that governments are subject Delgamuukw v British Columbia to a duty to consult in situations where the exercise of their author- ity would have an adverse eff ect on The Haida, Taku, Mikisew and Aboriginal treaty rights. 374 Musqueam decisions have added considerably to these signifi cant The Musqueam First Nation v. decisions of the 1990s, and the dis- Canada decision was released in cussion has evolved from one where October 2007. This case addressed the focus is on fi duciary obligations issues related to consultation, and to one that encompasses the impor- whether the Crown had adequately tant concept of the “honour of the consulted the First Nation prior to Crown.” off ering lands for sale in an area that is part of their traditional territory The Haida Nation and Taku cases and also part of an area that is sub- made clear that even if the Crown’s ject to an outstanding land claim. fi duciary obligations are not The court found that the Crown had engaged, there is still obligation a duty to consult, and in response on the part of the Crown to consult to Crown arguments for deference and accommodate when the Crown to government responsibility to knows - or ought to know - that an make and implement public policy Aboriginal right or title may exist in the public interest, the judge and an action is being considered found that “on balance, the public that may adversely aff ect that right interest in preserving the honour or title. The Haida Nation decision of the Crown outweighs the public made clear that the Crown’s obliga- interest, of a comparatively short tions are at the “strategic planning” to medium term nature, deriving level, and not just in the implemen- from the essentially immediate sale tation of policy decisions already of [the Properties].”375 made.372 In 2007, Justice G.P Smith of the “In all its dealings with Aboriginal Ontario Superior Court ruled peoples, the Crown must act hon- against Platinex, a junior exploration ourably, in accordance with its his- company, continuing its exploration torical and future relationship with activities on Kitchenuhmaykoosib the Aboriginal peoples in question. Inninuwug traditional lands. While The Crown’s honour cannot be the eventual implications of this interpreted narrowly or technically, ruling are unknown, there are but must be given full eff ect in order potentially a number of important

82 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest precedent-sett ing consequences. environment and on aboriginal life- required, and must be negotiated The ruling does confi rm the inher- styles, and on the resource drain out prior to permits being issued. ent importance of the land to First of their territories. In some cases, Nations, demonstrating the Court’s such as that of the Inuit of Labrador, Broadly speaking, Impact Benefi t acknowledgement that “The land the potential for large scale mineral Agreements describe anticipated is the very essence of their being. development may have sped up negative impacts of a proposed It is their very heart and soul. No land claim negotiations, as the Inuit project and what will be done to amount of money can compensate made the sett lement a condition for mitigate the impacts and/or pro- for its loss.”376 allowing the mine to proceed. vide compensation. They also iden- tify benefi ts the project is expected In his ruling, Justice Smith faulted Experience with Impact Benefi t bring to a local community, and can the company for ‘disrespectful’ and Agreements varies greatly from include commitments from the com- unprofessional actions. At the same one First Nation to another, and pany on local employment levels, time, it was the provincial govern- from one company to the next. revenue sharing, training programs ment that received the harshest Generally speaking, IBAs are socio- and scholarship programs, and reprimand for failing to establish economic agreements between the commitments that the company or formal consultations amongst the Aboriginal government whose ter- mine operator will contract services parties. ritory is under mineral exploration or supplies locally. or development, and the propo- As global markets press explora- nent or mine operator. IBAs may A study prepared for the North- tion companies further into more be sought not just when the mine South Institute in 2002 indicated a remote areas where unsett led land is on the doorstep, but anywhere number of issues and challenges claims exist, an escalation of con- within a traditional territory. This related to IBAs and their negotiation fl icts such as these becomes more may mean that more than one com- and implementation, including: likely. Clearly, there is a need for munity or First Nation is involved, • defi ciencies in the legal frame- all parties to work towards accept- as territories may overlap. For work for IBAs; able land claims resolutions, while example, Moose Cree First Nation • lack of implementation; demonstrating respect towards the successfully negotiated an IBA with • challenges for communities to inherent rights of First Nations, and the DeBeers Victor Project located learn from each other’s experi- respect for the environment and approximately 200 kilometres from ences, due to confi dentiality culture. the First Nation, based on the proj- provisions and the lack of a ect’s impact and reliance on the clearinghouse IBA information; The legal interpretation of Moose Cree homelands. DeBeers • the process of negotiating IBAs Aboriginal rights is constantly also recently concluded IBA negoti- is oft en lengthy and demanding evolving. ations with four diff erent aboriginal of the First Nations participants groups (Tlicho Government, Lutsel (and others) in terms of time, 5.4 Impact Benefi t Agreements K’e Dene First Nation, Yellowknives expertise and decision-making; (IBAs) Dene First Nation and the North • lack of understanding of the Slave Metis Alliance) aff ected by diff erent cultures, expectations First Peoples are employing vari- the Snap Lake project in the North and worldview of the nego- ous strategies in their struggle both West Territories. tiating partners (e.g. the First to limit the damages of mining to Nation and the company); their land and lifestyle, and to gain Impact Benefi t Agreements • diffi culties in reliably predicting some share in the economic benefi ts between Aboriginal communities and monitoring environmental of mine development proposed or and mining companies oft en begin impacts cannot be adequately taking place on their territory. as non-binding Memoranda of accomplished without the inclu- Understanding which are then later sion, on an equal footing with Over the last decade, the negotia- negotiated into full-fl edged and science, of Local/Traditional tion of Impact Benefi t Agreements legally binding IBAs. For the most Ecological Knowledge. (IBAs) and participation in environ- part, these agreements are entered mental assessment processes have into voluntarily, but in Alberta, The report also identifi ed a number produced some positive results in Saskatchewan and Manitoba, and of important elements in successful addressing First Nations’ concerns in most areas under comprehensive IBA negotiations: about impacts of mining on the land claims agreements, IBAs are

5.0 Aboriginal Peoples and the Mineral Sector 83 • the inclusion of Local/Tradi- fi nancial and equity provisions, tional Ecological Knowledge; such as royalties, profi t-sharing • early consultation, preferably arrangements, and cash or equity before exploration and certainly interests such as representation on before any early construction, a company’s board of directors. The such as for roads, camps, air- Innu identifi ed protection of land fi elds, etc.; and animals, compensation and • a respectful, fair, honest, inclu- royalties, job quotas and training, sive environment; management roles with respect to • an approach that takes into the mine, and a clear outline of Innu account cultural diff erences land rights as elements they would in negotiating and decision- expect to negotiate in an impact making; benefi t agreement. • an acknowledgement of the right of aff ected communities to Generally speaking, IBAs are nego- say “No” to aspects of a project tiated in advance of a new mine they fi nd unacceptable; opening, but this is not always • a participatory process for the the case. For example, at the Ekati aff ected community, in both Diamond Mine in the Northwest the consultation and decision- Territories, BHP completed nego- making.377 tiations with the North Slave Metis Alliance on July 14, 1998. The mine IBAs generally include employ- opened on October 14, 1998. It was ment, training and other social not until December 9, 1998 that an and cultural commitments, and the IBA was signed with the Inuit of sharing of economic benefi ts. Some Kugluktuk and the Kitikmeot Inuit Aboriginal governments have estab- Association.378 lished development corporations to assist in appropriate consultation At the Musselwhite Mine in and communications. Northern Ontario, an impact ben- efi t agreement was signed with IBAs may also include responses the Windigo and Shibogama Tribal to environmental impacts and Councils in advance of the mine other environmental requirements opening, but with a limited term. such as establishing baseline data, Negotiation for the second term of monitoring, reporting and defi n- the IBA was diffi cult, with a number ing impact mitigations that expand of issues between the First Nations or supplement those found in the and the company, and with Placer Environmental Impact Assessment Dome perhaps less motivated to report. Both social and environmen- fi nd resolution once the mine was tal measures may include defi ning already operating. Musselwhite roles, responsibilities and obliga- was the only one of Placer Dome’s tions, establishing such mechanisms four Ontario mines for which there and institutions as independent was an impact benefi t agreement in monitoring committ ees, a monitor- place as of 1999.379 ing process, and contingency plans. Funding for any or all of these In fact, it was the only impact activities may be defi ned, as well as benefi t agreement in place for compensation or mitigation when any operating mine in Ontario, necessary. Provision may also be although the Wahnapitae First made for ongoing consultation Nation has a Memorandum of requirements. Understanding with CVRD-Inco related to the closure of the Whistle Certain clauses may include specifi c Mine. Implemented in 1999, that

84 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest MOU establishes a list of principles Development Corporation), but provide a venue for First Nations designed to promote closer rela- only with the approval of the to participate in an open decision- tions, promote the participation Council. making process that considers envi- of Wahnapitae First Nation com- ronmental, social and cumulative munity members as employees Through the Impact Benefi t eff ects of mine development. The and contractors in the mine closure Agreements between the reality, however, oft en falls short of program, and create joint environ- Att awapiskat First Nation and that reasonable expectation. mental management and monitor- De Beers, other project benefi ts ing systems.380 will directly accrue to the reserve The Environmental Assessment of in the form of fi nancial contribu- the Voisey’s Bay Nickel Project saw In an Economic Impact Study for tions/compensation as well as a Memorandum of Understanding the Victor Diamond Mine Project new buildings (e.g., the train- signed between the Innu Nation, in northern Ontario, De Beers ing centre). Within the Regional Labrador Inuit Association, the Canada Exploration Inc. described Impact Area, new and upgraded provincial and federal govern- their intention with respect to the facilities (e.g., winter road, ments to ensure that the EA process development of an Impact Benefi t improved road, rail, seaport and responded to local concerns and Agreement in this way: airport facilities) will be required refl ected the political and social “To assist in maximizing full that, when built, will benefi t all realities of the First Nations. The employment and other ben- residents of the region.”381 MOU expanded the defi nition of efi ts to the Att FN (Att awapiskat the environment, required the Panel First Nation), an Impact Benefi t At the completion of the environ- to make its recommendations to the Agreement will be negotiated mental assessment process and four signatories, and provided a between De Beers and the Att FN fi ling of the fi nal report, IBA negoti- role for the signatories in appoint- that will address labour force ations had still not been completed ing Panel members for the EA hear- issues (i.e., education, train- between De Beers and Att awapiskat ing. The MOU also enabled the Innu ing for careers in mining, busi- or between De Beers and number Nation to take control of the social ness opportunities, site project of other First Nations in the area and economic studies, giving them employment and job opportu- who are likely to be aff ected by the more control in the process. nities) and other issues such as mining project.382 environmental protection and The EA process was still not fully compensation for loss of tradi- In some cases, companies may satisfactory, but the Panel’s report tional activities such as hunting view IBAs as a means of securing recommended that the project and fi shing. First Nations’ support for their pro- move to permitt ing only aft er the posed development, and they may conclusion of land rights negotia- Through the Impact Benefi t att empt – or even insist – on having tions and impact benefi ts had been Agreement, monies will fl ow from this support stated within the agree- achieved with both the Innu and De Beers to the Band Council and ment. Companies may also wish to the Inuit.384 Other hearing outcomes be distributed throughout the include a clause which prohibits the from EA processes in Canada have community in a variety of ways. First Nation from opposing a proj- included a requirement that the The monies will take a variety of ect during the permitt ing or envi- company negotiate Impact Benefi t forms (e.g., lump sum payments ronmental assessment processes. Agreements, as was the case with or yearly payments), and can be BHP’s model agreement includes BHP and the Ekati Diamond Mine. varied by type (e.g., compensa- a statement that the First Nation tion for taking resources out entering into the agreement “will However, EA outcomes cannot be of the Band’s reserve, as a joint not object to the issuance of any relied upon to fairly or adequately business venture, or as a facility licenses, permits, authorisations or accommodate Aboriginal interests. such as the training centre which approvals to construct or operate The Government Response is the will be built by De Beers, given the Project required by any regula- fi nal outcome and is not bound by to the Att awapiskat First Nation tory body having jurisdiction over EA fi ndings. During the review of and then leased back to the com- the Project.”383 the proposed Cheviot Coal Mine, pany for the life of the project for the Smallboy Cree were denied the a nominal rent). Some monies 5.5 Environmental Assessments opportunity to participate properly may fl ow directly to a division in the hearing. The federal crown of the Band Council (e.g., the Environmental assessments should lawyer instructed Indian and

5.0 Aboriginal Peoples and the Mineral Sector 85 Northern Aff airs Canada offi cials to before comments were required not respond to the questioning by on the draft Joint Review Project the Smallboy Cree, the native com- Agreement. The court ordered a munity living immediately adjacent remedies hearing to address ques- to the proposed development. This tions of how the problem could best instruction was reserved for the be addressed, given that the review Smallboy Cree alone. In the April process was already underway. It 2001 response to the report Joint also stayed the Joint Review Process Review Panel of the Cheviot Mine, from considering any aspect of the the federal government’s view on MGP which aff ects either the treaty the loss of traditional land-use and lands of the Dene Tha or the aborig- lifestyle was bluntly stated: inal rights claimed by the Dene Tha, The federal government accepts and from issuing any report of its that should signifi cant adverse proceedings to the National Energy eff ects on traditional uses and Board.386 traditional sites occur, then these eff ects are justifi ed. The federal Both the UR-Energy decision by the government is confi dent that Mackenzie Valley Environmental suffi cient economic benefi ts will Impact Review Board and the accrue to the surrounding com- and Kemess North Panel deci- munities, including the Alexis sion give cause for optimism that First Nation and the Mountain future review decisions will be Cree Camp to warrant this an improvement over some of the justifi cation.385 weak decisions of the past, such as the case of Alberta’s Cheviot Coal A 2006 federal court decision with mine, described above. respect to the Dene Tha and the federal government’s failure to con- In October 24, 2007 the federal sult during the design of an envi- cabinet upheld a recommenda- ronmental review process clarifi es tion by the Mackenzie Valley that First Nations are to have a Environmental Impact Review signifi cant role from the outset in Board to block Ur-Energy’s ura- review processes whose decisions nium exploration program on the may aff ect their Aboriginal rights Upper Thelon area east of Great or interests. The November 2006 Slave Lake. Last May, the board decision in Dene Tha First Nation v. shocked the mining industry when Minister of Environment et al. found it denied Ur-Energy’s plan to drill that the federal government had up to 20 holes near the Thelon breached - and were continuing to River because it threatens the spiri- breach - their duty to consult the tual and cultural well-being of the Consultation is not consultation Dene Tha concerning the Mackenzie Akaitcho Dene. absent the intent to consult. Gas Project (MGP). The decision Consultation cannot be provided a good illustration of the The Review Board agreed with meaningful if it is inadvertent signifi cant risk that resource devel- intervenors – most notably the or de facto. Consultation must opers may face if government fails Akaitcho Dene - that the potential represent the good faith effort in its consultation obligations to for industrial development of the of the Crown (reciprocated by Aboriginal people. area is not compatible with the the First Nation) to attempt to aboriginal values of the cultural reconcile its sovereignty as pre- The court found that the duty landscape of the Upper Thelon existing claims of rights or title by to consult began in the earliest area. It concluded that the impacts the First Nation. stages of designing the review of the proposed development - in Justice Phelan, Dene Tha processes, rather than at the point combination with the cumulative First Nation v. Minister of when the Crown actually began impacts of all other past, present Environment et al., 2006 to consult, which was 24 hours and reasonably foreseeable human 86 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest activities in the area - are likely to quality and public safety. The Panel rigorous environmental standards have a signifi cant adverse cultural also noted that it may be diffi cult for exploration activities. The Innu impact on the aboriginal peoples for Aboriginal people to increase guidelines have also been the basis who value the Upper Thelon. The their share of Project benefi ts, even for ongoing contractual agreements Review Board concluded that, though as the region’s primary resi- with several exploration compa- because “this impact is so signifi - dents and users, they would expe- nies, providing for continuing con- cant” they would not recommend rience fi rst-hand any impacts on sultation and reporting between the proposed development. traditionally used resources.388 the company and the communities, monitoring of activities by Innu The Review Board also identifi ed Over the last decade a number of Nation staff , requirements for envi- other signifi cant adverse envi- environmental agreements have ronmental and cultural protection, ronmental impacts that would been negotiated in Canada, involv- and employment and business require mitigation were the pro- ing industry, government and opportunities. These agreements posed development not rejected. Aboriginal peoples. Experience have provided Innu Nation with These included the social impact of indicates that negotiated environ- signifi cant resources to employ widespread distress which would mental agreements have consider- professional staff and community signifi cantly aff ect the mental well- able potential to address both the monitors to engage with mining being of the people of Lutsel K’e, need to secure indigenous participa- companies and governments, and socio-economic impacts on ecot- tion in environmental management formal opportunities to ensure that ourism operators and their clients of major projects that aff ect indige- Innu are consulted prior to explora- using the area; and project-specifi c nous peoples, and the broader need tion or mining activities. impacts on migrating caribou.387 to ensure eff ective follow-up of environmental impact assessments. Also in 2001, Nishnawbe Aski The Kemess North Mine Joint However, greater eff ort must be Nation (NAN) issued a handbook on Review Panel concluded in its made to develop structures and “consultation” in natural resource September 2007 fi nal report that the processes specifi cally designed to development, intended to inform propsed mine “in its present form” encourage Aboriginal participation, and assist First Nations in planning would not be in the public inter- and the agreements must provide for lands and resource develop- est. Northgate Minerals’ proposal the fi nancial and other resources ment, but also to assist government was to use Amazay Lake to contain required to support Environmental and industry in understanding the tailings from its proposed Kemess Impact Assessment follow-up and positions of NAN communities. North copper-gold mine expansion, Aboriginal participation in that The handbook emphasized the located 425 kilometres northwest of followup.389 duty of the Crown to consult with Prince George, British Columbia. First Nations about any project, 5.6 Taking Action development, activity, legislation The Panel found that any economic or amendment to legislation which and social benefi ts from the project Outside of the courts and environ- may impact on Aboriginal and/or are outweighed by its long-term mental assessment reviews, many Treaty rights. It clearly set out NAN risks to the environment and by First Peoples are taking action to consultation policy, the duty of the its social and cultural impacts on assert their Aboriginal title and Crown, and the role of resource Aboriginal people. It has recom- inform and engage the mineral development companies, and out- mended to federal and provincial sector in mechanisms to protect lined the expected consultation environment Ministers that the Aboriginal rights, title and land process in a step-by-step fashion.390 project not be permitt ed. uses. The handbook was revised and re- issued in 2007. The Kemess North Mine Joint Innu pressure on the Newfound- Review Panel’s fi nal report cited land & Labrador government Government and industry are more key adverse eff ects, including the resulted in amendments to the Min- actively promoting the mining loss of a natural lake with impor- eral Exploration Regulation in 1996, and minerals sector to Aboriginal tant spiritual values for Aboriginal which now requires companies peoples in an eff ort to relieve some people, and the creation of a long- to conduct archaeological assess- stress caused when new mines are term legacy of environmental man- ments involving the Innu prior to proposed or exploration activi- agement obligations at the mine- any work which might result in ties are undertaken. The Ontario site to protect downstream water ground disturbance, as well as more Ministry of Northern Development

5.0 Aboriginal Peoples and the Mineral Sector 87 and Mines along with Natural When negotiations fail, other mea- In 1995, when 29 companies Resources Canada have produced sures may be taken to ensure that were operating approximately an educational media disc describ- First Nation rights are met. For 120 drilling sites throughout ing the geological mapping activi- instance, in 2007, the Nishnawbe Innu territory, the province ties and the mining sequence.393 The Aski Nation passed a resolution (Newfoundland and Labrador) objective of this tool is to persuade directing the Executive Council “to had refused to legislate interim Aboriginal communities of ben- aggressively advocate a more posi- protection of Innu lands, and efi ts of the mining process – from tive shift in [the Ontario Ministry refused to stop issuing exploration exploration to operation, to the of Northern Development and permits. The Innu decided it was eventual closure and rehabilitation Mines’] approach…” to mining time to act. Their fi rst action of a mine. issues. This is followed by a resolu- was to issue an eviction order tion “to explore more adversarial to Diamond Field Resources, In 2006, a partnership consisting ways of forcing the Government and then they reclaimed the of the Prospectors and Developers of Ontario to honour its constitu- land with a 12 day protest when Association of Canada (PDAC), tional, court-directed, and fi duciary the company did not comply. the Mining Association of Canada obligations…” should advocacy fail Following the protest, the Innu (MAC), the Canadian Aboriginal to achieve meaningful results.397 made direct contact with over 50 Minerals Association (CAMA) mining companies, requesting and the Government of Canada In eff ect, such resolutions place that they recognize Innu rights (Ministries of Natural Resources provincial governments on notice and agree to certain conditions and of Indian and Northern Aff airs) that current government practices prior to working on Innu land. produced an information kit aimed are failing to meet First Nations’ These conditions included: 1) at Aboriginal peoples. The pack- mining-related rights and needs, establishing an environmental age was described by its sponsors and that Aboriginal people expect and cultural protection plan; 2) as an “educational tool” to help greater eff orts. developing a plan to monitor “Aboriginal people make more impacts; 3) taking steps to mitigate informed decisions and take advan- There is still a very long way to any negative environmental tage of opportunities off ered by the go. Contempt of court charges effects; and 4) agreeing to be mining industry in Canada.”394 The laid in two Ontario cases (Platinex held liable to damages. The Innu kit’s critics have called it “an insult and Frontenac Ventures) against have provided these and other to Aboriginal people,” saying that First Nations people non-violently directions to the mineral sector it glosses over the serious environ- defending their lands from aggres- in their document “A Matter of mental, social and cultural impacts sive mineral exploration show Respect: Guidelines for the of mining on Aboriginal govern- what Aboriginal people and their Mining Industry.”391 ments and communities, and omits allies are up against when their best any discussion of the relationship eff orts at negotiation are blocked The Innu also requested of mineral staking and exploration and their only alternative is to defy involvement in the design of to questions of Aboriginal Rights unjust injunctions. As the struggles environmental impact studies in and Title.395 in KI and Sharbot Lake/Ardoch con- order to ensure that traditional tinue, the “honour of the Crown” - knowledge would be used and More recently, First Nations are both the government and the justice respected. Later the same taking proactive steps by preparing system itself - is being put severely year, the Innu Nation decided policy documents detailing how to the test. to accept funding from Voisey’s mining and mineral companies can Bay Nickel Company to cover operate on traditional lands. If governments do not move for- expenses related to the Innu ward on their own initiative, the oversight and participation in the In 2007, the Taku River Tlingit courts must – inevitably – move project’s review, including hiring First Nation released their Taku them forward by force of law. With technical experts, consulting with River Tlingit Mining Policy. The each decision, the courts can add the communities, and ensuring document establishes how the First to the growing body of case law that proper environmental Nation will respond to mining- that clarifi es what is expected and procedures were being followed related activities in their traditional required of governments in terms to minimize impacts on wildlife territory.396 of honouring Aboriginal rights that and the environment.392 are enshrined in the constitution.

88 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest And in the interim, as cases like that of the Dene Tha aptly demonstrate, the failure of government to act responsibly places both developers and potential developments at risk.

© Alex Doll 5.0 Aboriginal Peoples and the Mineral Sector 89 6.0 Across Canada’s galore. One of the fi rst to register Boreal as a serious producing mine was the Tilt Cove Copper Mine, on the 6.1 Newfoundland and Labrador Baie Verte Peninsula that forms the northern coast of Notre Dame Bay. Of the four Atlantic provinces, three The copper was in irregular depos- – Newfoundland, New Brunswick its, and fi rst the miners removed and Nova Scotia – have long and ore from horizontal adits, but as abundant histories of mining, but surface ore became depleted they only Newfoundland and Labrador reached deeper into the heart of the has mining areas in the Boreal forest hillside and worked by the light of region as delineated in Section 2.3. candles stuck onto canvas hats with resin and pitch. The mines were The province includes the island worked from 1864 to 1917 and from of Newfoundland and the main- 1957 to 1967. The small community land of Labrador, on Canada’s grew from just three families in Atlantic coast. In 2005, the 1863 to become Newfoundland’s Labrador Inuit celebrated the fi rst mining town by 1869 with 300 beginning of the Nunatsiavut miners supporting the community’s Government, a regional ethnic gov- 768 inhabitants, on salaries ranging ernment in northern Labrador. The from $10 to $21 per month.399 Nunatsiavut Government has many of the responsibilities and rights Aft er a roller coaster ride over the of other governments, including next three decades, new discover- co-management responsibilities ies in the smelting process meant for renewable and non-renewable the Tilt Cove mines could add gold resources.398 and silver to their list of products, and the American market opened Mining’s History up. This reduced shipping costs Newfoundland’s fi rst mineral since the ore no longer had to make “rushes” came early. In the 1550s the long trip to Swansea, England three diff erent English explorers for smelting. The mid 1890s was took both tales of mineral wealth a prosperous period for the com- and actual ore samples back to munity of Tilt Cove, whose popu- England. One set sail with a barge lation had risen to 1,000. In 1887 full of copper, iron, lead and silver Newfoundland issued a 5-cent post- ores from the Avalon Peninsula, age stamp depicted miners at work only to disappear in a shipwreck off underground in the Tilt Cove mine. Sable Island. The stamp was entitled “Mining: One of the Colony’s Resources,” It would take three more centu- and was the fi rst mine-motif stamp ries before the fi rst working mines issued in the world.400 would take root in the boreal for- ests that swath the rugged coasts of By the time of confederation with Newfoundland. But between 1855 Canada in 1949, there had been an and 1860, more than thirteen min- estimated 64 mines in production on eral deposits were being worked, the island of Newfoundland. Still in producing copper, silver, galena operation were the iron mine at Bell and lead. Island in Conception Bay, lead-zinc at Buchans in the interior, and the Some of the early mines were more fl uorospar mine at St. Lawrence on notable in terms of struggle than the Burin Peninsula. Others were to ore production, with rapid open- reopen, including the Tilt Cove and ings and closings, and deal-making nearby Litt le Bay copper mines, 90 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest and the Whalesback, Gull Pond and expected to increase from approxi- search for uranium is expected to Rambler copper prospects on the mately 3,500 person years in 2006 to account for about $46 million, or northeast coast. 3,550 in 2007.403 40% of the total $116 million pre- dicted for exploration during 2007. The period shortly aft er confedera- Both production and exploration The average yearly exploration tion saw a great deal of eff ort on the have boomed over the last several expenditure for all mineral com- part of the Newfoundland govern- years. On the exploration side, modities over the past 10 years has ment to encourage mineral devel- expenditures in 2006 reached a been about $45 million. opment. The government went 10-year high of $98 million and to some extraordinary measures, expenditures are projected to jump Currently, the most advanced ura- including numerous agreements to an unprecedented $116 million nium projects in the province are the that granted exclusive mineral in 2007.404 Michelin and Jacques Lake depos- rights. In the period between 1950 its near Postville, Labrador, also and 1970, 28 companies or indi- Staking and Exploration known as the Central Mineral Belt. viduals acquired mineral rights to The mineral rush in northern To date, Aurora Energy Resources almost all of Newfoundland and Labrador following the Voisey’s Inc. has outlined approximately 58 Labrador.401 Bay discovery made mineral explo- million pounds of “indicated” and ration loom large in the Province’s an additional 38 million pounds of The Province of Newfoundland ledgers, although the expendi- “inferred” uranium oxide resource and Labrador has numerous min- tures dropped to half of their 1998 in these deposits. The company con- eral resources. Iron-ore deposits levels by 2000. During the rush of ducted 75,000 to 100,000 m of dia- are found in western Labrador in 1995-1997 there were more than mond drilling during 2007 through Wabush and Labrador City and 245,000 active claims, covering more what it claims is the world’s largest at Bell Island in Conception Bay; than two-thirds of Labrador.405 single uranium exploration project copper, lead, asbestos, gypsum, with a budget of $21 million.408 fl uorite, and talc are found on the Between 2000 and 2004, activity Island; and uranium is found in maintained a relatively steady level, Most of this uranium exploration eastern Labrador. Nickel is now with a spike in 2002. Since 2004, is taking place in the Inuit territory mined in northern Labrador, at the exploration has boomed again, of Nunatsiavut. There is strong Voisey’s Bay nickel deposit. with claim staking and exploration opposition to uranium mining and spending up sharply in the province exploration in the region, especially Mining Today over the past three years, primarily in the community of Makkovik. The Until recently, despite its rich his- as a result of increased interest in the Nunatsiavut Legislative Assembly tory of mining, Newfoundland and province’s uranium potential. Much is considering a motion to ban ura- Labrador was a province dependent of the new activity is concentrated nium mining and milling from Inuit on fi shing, with mining account- in central and western Labrador lands (December 2007). ing for only about 4 percent of the and south-central Newfoundland. annual gross domestic product. It The more advanced uranium proj- Newfoundland and Labrador is is now a provincial economy domi- ects are at Michelin and Moran Lake one of the few jurisdictions to have nated by the extraction industries – in Labrador’s Central Mineral Belt, fully converted to a map staking off shore oil in particular, and min- with other major exploration proj- system, although some ground- eral shipments of nickel, copper, ects at Pine Cove and Beaver Brook. staked claims are still being worked. zinc, gold, iron ore. Pine Cove received government Ground-staked claims can be con- approval in October 2007 and is verted to map staked claims through The estimated 2006 value of mineral anticipating going to production in a simple application process. Map- shipments ($2.5 billion) was more early 2008,406 as is the Beaver Brook staked claims are 500 metres square, than three times the level it was antimony mine. Major, ongoing and can be recorded for $10 each. just fi ve years ago ($754 million). drill projects include Boomerang, Mineral exploration licenses can This is forecast to rise to $3.3 billion Rambler, Golden Promise and include up to 256 claims, and are in 2007, mainly due to increased Jackson’s Arm.407 issued for 20 year terms. To main- nickel and copper production and tain the claims, a minimum amount higher commodity prices.402 Direct The rising price of uranium is of money must be spent on mineral employment in the Newfoundland fueling unprecedented explora- assessment each year, ranging from and Labrador mining industry is tion levels for this commodity. The $200 per claim in the fi rst year, to 6.0 Across Canada’s Boreal 91 $1200 per claim for years 16 through projected to exceed $1.5 billion, 20. Any exploration work in the and the Voisey’s Bay project is Province must have an Exploration forecasted to generate 850 person Approval from the Department of years of work during 2007. The Mines and Energy prior to begin- company estimates employment ning the activity, and in the case of will increase to 1,700 person years exploration work on Inuit lands, a in 2008, 2,500 in 2009, and 2,800 in Permit to Access Inuit Lands from 2010, before it decreases to 1,400 the Nunatsiavut Government. person years in 2011 due to the Mineral licenses can be converted completion of construction of the to mineral leases aft er the equiva- commercial processing plant. These lent of the fi rst 3 years of assessment employment fi gures represent the work has been done and reported number of individuals required as on, for an annual rental fee of $80 operations staff for the mine/mill in per hectare. Voisey’s Bay and the Demonstration Facility at Argentia, administrative In addition to the projects described and exploration staff employed in above, Anaconda Gold anticipates the province, and the construction operating the Pine Cove Gold Mine workforce required for commercial on the Baie Verte Peninsula, and processing plant at Long Harbour. Beaver Brook Antimony Mines is expected to be in production by the The Long Harbour facility is in end of 2007.409 Environmental Assessment as this report goes to press. The company Production plan is for an experimental hydro- Voisey’s Bay Nickel metallurgical facility to process The September 2005 opening of the ore. The Hydromet plant will the Voisey’s Bay nickel-copper discharge effl uent into the sea and mine and concentrator, owned by deposit its tailings in Sandy Lake. If Voisey’s Bay Nickel Company Ltd. ( this process is not permitt ed, then a subsidiary of what was once Inco VBNC intends to create a traditional and is now Vale Inco), brought on matt e processing facility on the site. stream 6000-tonnes/day of ore pro- The terms of the Agreement with duction capacity and created 400 Newfoundland and Labrador per- mine jobs. At the start of produc- mitt ing Voisey’s Bay required that tion, the mine hosted proven metal secondary processing take place reserves of 880,000 tonnes of nickel, in Newfoundland. The company 508,800 tonnes of copper and 44,800 anticipates a decision by the end of tonnes of cobalt. With a projected 2008 with plant construction to be annual production of 49,880 tonnes completed by the end of 2011.411 of nickel, 34,000 tonnes of copper and 2,268 tonnes of cobalt, the mine While the Government of life of the Ovoid open-pit is esti- Newfoundland and Labrador is mated at over 17 years. However, enthusiastic about the operations the other deposits in the Voisey’s at Voisey’s Bay, relationships with Bay group of deposits, namely, the the VBNC workforce have been Eastern Deep and related deposits, less than smooth since operations Reid Brook, and Discovery Hill, are began in 2005. Two strikes have in line for development, and could stalled or slowed production in the extend the mine life of the Voisey’s fi rst two years of operation, and in Bay mine beyond 30 years.410 both cases the company brought in replacement workers early on in Shipments by Voisey’s Bay Nickel the labour disruption. Company (VBNC) have been

92 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest In the summer of 2005, workers replacement worker locked fi ve The feasibility study for Duck Pond certifi ed the United Steelworkers unionized employees into a large anticipated a payback period of of America to represent about 115 container and parked a vehicle approximately 3.5 years, but with employees at Voisey’s Bay, which right up to the door so they could current higher metal prices a much the Company elected to challenge not open the door. VBNC fi red the faster payback is expected, along in court a year later.412 United individual involved, but continued with a much higher rate of return on Steelworkers members handle to use replacement workers.415 investment than the approximately heavy equipment and work in the 15% forecast by the study.418 mine’s mill. Duck Pond In 2007, Aur Resources started pro- While the mine life is short, the new In 2006, workers on the mine site duction at its copper –zinc metal concentrator may have a longer- were on strike for 10 weeks before mine at Duck Pond, in central term impact. Industry observers the company sett led with a pack- Newfoundland, in the headwa- note that if it were available as a age of higher wages and benefi ts. ters of the Exploits River system, custom mill, it would make other Workers said that they had suff ered approximately 100 km southwest deposits in the area more economi- reductions in their income com- of Grand Falls-Windsor. The offi - cally att ractive, such as Messina pared to wages they had earned at cial opening celebration on May 9th Minerals’ Boomerang prospect in other mines. The Union compared marked the reward of more than the Tulks Valley 70 km away, or wages to those paid at Iron Ore 20 years of exploration, discovery, Mountain Lake Resources’ prospect Canada’s operations in Labrador development, and construction. at Bobby’s Pond, 30 km away.419 City, and found that the Voisey’s Bay miners were gett ing $3 less Falconbridge and Noranda initi- Other longer term impacts will be per hour.413 The word was that ated mineral exploration on the associated with the loss of Tally mine workers employed by Inco in property in 1973. Aur Resources Pond, the small fi sh-bearing lake Sudbury earned 25% higher hourly began development of the mine that is being transformed into a wage than their counterparts at in December 2004, and completed tailings pond, and the genera- Voisey’s Bay. construction in December 2006. tion of relatively large volumes of Production of copper and zinc con- acid-generating tailings and waste In 2007, support staff workers went centrates started in January 2007. rock. Aur Resources worked out on strike over disparities in hourly The fi rst shipment of concentrates a compensation package with the wages and quarterly bonuses paid left Turf Point, St. George’s Bay in Department of Fisheries and Oceans to other Inco employees. When western Newfoundland, in April and other regulators that allows it talks broke down and a walk-out 2007.416 to exchange one live lake for some shut down operations, the company work to improve spawning capac- immediately brought in replace- The plan for the current reserves is ity on two nearby brooks, such ment workers. As this is a fl y-in to mine and mill 4.1 million tonnes as the removal of logs and debris operation, the company owns the of ore, at a rate of 1,800 tonnes per left behind during forestry opera- site where miners live while they day, over a projected mine life of 6.2 tions. Aft er the mine is shut down, are at work. Striking workers were years. Based on the existing reserves, the company says that the small told to leave the camp, and the the annual production is expected lake – by then partially fi lled with company brought in an extra fl ight to be: 41 million pounds of copper; acid generating mine tailings is to to move them off site. 40 workers 76 million pounds of zinc; 574 thou- become “a naturally self-sustaining refused to leave the site, demand- sand ounces of silver; and 5,000 marshland.”420 ing that the company hand them a ounces of gold. Approximately 1.1 writt en statement saying it would million tonnes of inferred resources Nugget Pond Processing Facility not reopen the mine with replace- have been identifi ed, which, if Crew Gold Corporation acquired ment workers once they left .414 upgraded to reserves, could extend the Nugget Pond processing facil- the mine life to about eight years. ity on the Baie Verte Peninsula from Voisey’s Bay did bring in replace- The Duck Pond operation employs New Island Resources in October ment workers, but then had to 192 people full-time. About half of 2006. Crew Gold saw this as a long- shut down its mill aft er a danger- these employees live in the on-site term solution to processing ore ous incident between unionized camp accommodations, and half from their Nalunaq Gold Mine in and contract workers prompted commute daily. 417 south-western Greenland, which some staff to walk off the job. A it operates through its subsidiary

6.0 Across Canada’s Boreal 93 company Nalunaq Gold Mines. City operations dumping the iron Crew began processing Nalunaq ore tailings into Flora and Wabush ore at the mill in February 2007. Lake was a subject of debate during Shipments currently arrive through the mine effl uent regulation’s the temporary port facility at review in 1999. The notion of the Goodyear’s Cove in South Brook. Labrador City operations being The reactivation of the Nugget brought into compliance was not Pond mill will create 30 new full- one that was readily accepted by time positions over the projected the companies or the provincial 10-year life of the Nalunaq Mine. 421 government of Newfoundland and Labrador. Most recent indications Iron Ore Company of Canada and are that the companies may be Wabush Mines listed in a “schedule” to the regu- Labrador City has been host to two lation which would allow them to iron ore mines since the early 1960’s. continue placing their tailings in Canada’s largest iron ore producer, Flora and Wabush Lakes Iron Ore of Canada, produces 35-38 million tonnes per year while the The Iron Ore Company of Canada smaller operator, Wabush Mines, (IOCC), Canada’s largest iron ore produces close to 5 million tonnes pellet producer, operates a mine, per year. concentrator, and pellet plant in Labrador City (western Labrador), Since start-up, both mines have as well as port facilities in Sept-Îles, deposited their tailings directly Québec and a 420-kilometre rail line into area lakes, despite the federal that links the mine and the port. Fisheries Act prohibition against Annual mine production at the doing so. As Wabush Mines explains open-pit operation is in the 35-38 their history, the selection of Flora million tonne range at an average Lake as a depository for the mine grade of approximately 40% total wastes came through a process of iron. Annual production capacity is elimination. Long Lake was clos- 17 million tonnes of concentrate, of est but is a prime fi shing, cott ag- which 13.0 million tonnes are pellet- ing and recreational lake. The next ized. With strong market demand closest lake is the water supply for for IOC’s products, the shipment the town. Third to be studied was forecast for 2007 is estimated at 17.6 Flora Lake, 3 miles east of the plant million tonnes. Total employment site. Flora was not a source for town at the mine, mill and pellet plant water or a favourite fi shing lake, will be about 1,300 people. A recent and was obscured from the hamlet news release by IOCC provided of Wabush as a result of low lying details on a planned $60 million hills, and so, by some logic, was expansion at the Labrador mine. deemed appropriate. Thirty years These expenditures will increase later, 3 square miles of Flora’s fl oor production capacity to 18.4 mil- is now covered with ten million lion tonnes/year by mid 2008. The tonnes of Wabush Mine’s tailings. feasibility of a further increase to IOC puts their tailings in Wabush 21 million tonnes/year will also be Lake, at a rate of 23 million tonnes studied.422 per year, and have been doing so since their operations began. IOC’s neighbour in Labrador City, Wabush Mines, began mining The unconfi ned deposit of tailings iron ore from the Scully Mine into lakes is not permitt ed under in Labrador in 1965, It currently the federal Fisheries Act, and the operates the Wabush mine and “historic” practice of the Labrador concentrating plant, and a pellet

94 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest plant and shipping facilities in for work including removal of mine Point Noire, Québec. In June, 2007, structures, construction of tailings Consolidated Thompson Mines Ltd dams, and movement of waste announced an off er to take over materials.426 71.4% of Wabush Mines through an arrangement with Cleveland- Cliff s Ltd and Stelco Ltd. If the takeover is successful, the Wabush mill would also process feed from Consolidated Thompson’s Bloom Lake iron ore deposit in Québec. In 2007, Wabush Mines is forecasting shipments of 4.95 million tonnes of product. The workforce at the Scully mine is about 450 people, an increase of approximately 39% from 324 people in 2004.423

Mining’s Legacy Newfoundland’s boreal forest is host to many acid-generating abandoned mines, as well as the recently closed Rambler Mine and Roycefi eld Resources antimony mine, which is on care-and-mainte- nance, awaiting changes in market conditions.424 While reports indi- cate there were at least 64 mines on record at the time of Confederation, the Newfoundland government currently has only 39 abandoned mines on fi le, of which approxi- mately 75% have been verifi ed by fi eld inspections. All 39 sites were assessed for groundwater contami- nation potential. Five were judged to have high potential, twenty-six moderate, and eight low poten- tial.425 Several of the pre-confedera- tion mines are now abandoned and are acid-generating, including the Tilt Cove, Whalesback and Litt le Bay mines.

As in so many other locations across the country, Royal Oak Mines gave the Government of Newfoundland a parting gift when it went into receivership in 1999. The Hope Brook Gold Mine operated from 1978 to 1997 on the south-west coast of the island of Newfoundland. Costs for closing it were estimated at $2 million dollars © Garth Lenz 6.0 Across Canada’s Boreal 95 6.2 Québec defi ned as “Inuit-owned lands,” as well as revenue sharing from Introduction resource developments on their tra- In recent years, the Cree and Inuit ditional territory. of northern Québec have negotiated agreements for self-government in Both the Cree and the Inuit have their traditional territories. Other representation on Environmental First Nations in the province have Assessment panels that review not. development in these territories.

Québec recognizes self-govern- In the rest of Québec, the Mining ment in the Cree lands defi ned Act and environmental legislation by the James Bay and Northern is similar to other provinces. Only Québec Agreement (JBNQA) of projects with more than 7500 tons- 1975 and the 2001 Paix Des Braves per-day of ore production trigger an Agreement. Eeyou Estchee, the name environmental impact assessment in the Crees give their territory, is “southern” Quebec. Although there approximately 400,000 sqare kilo- is no legal obligation to account for meters. In return for the damage social impacts, the environmental caused on their lands by hydro assessments and reviews by the dams, the Agreements give the Bureau des Audiences Publiques Cree signifi cant funding, jurisdic- en Environnement (BAPE) do pro- tion over development on Category vide a critical window for public 1 lands and participation in deci- participation. However, the current sions about administration and bench-mark of 7500 tonnes-per-day development activities on Category means most projects are excluded. 2 and 3 lands, as well as resource In addition, there is no mechanism revenues from development on for assessing cumulative impacts of their territory. mining exploration projects.

The Inuit of Northern Québec call Mining’s History their lands Nunavik. An agreement Placer gold was discovered in for self-government in Nunavik Québec’s Eastern Townships in is in the stage of fi nal negotiations 1823. Placer mining in the Chaudière (December 2007). The Agreement River yielded tens of thousands of covers two areas: the Marine Region, ounces of gold through the 1800’s which covers the off shore islands, – not large volume by today’s stan- intervening waters including the dards, but a “boom” in its own time. ice that separates them; the inter- Other mining fi rsts came in 1878, tidal zones and the ocean bed along with the fi rst mining of asbestos in the northern Québec coastline, an Canada, and in 1888, with the fi rst area of more than 250,000 square asbestos mill. kilometres, and the Nunavik Inuit Sett lement Area, which covers an By the early part of the next off shore area adjacent to Labrador century, mining had the Abitibi- from Killinik Island to just north Tèmiscamingue region in north- of Hebron and an onshore portion western Québec well in its grip. in northern Labrador, consistent In part, this was a spill-over from with the boundaries of the Torngat intense mining activities in north- Mountains National Park Reserve of eastern Ontario, just across the pro- Canada. Like the Cree Agreements, vincial border. the Nunavik Agreement provides for self-government, considerable The fi rst evidence of an important funding and control over the lands gold-bearing vein in the Abitibi-

96 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Tèmiscamingue district was dis- through the years, it has fl uctuated growth. covered by James O’Sullivan and considerably. Hertel Hauthier in July, 1911. In In three years, the value of Québec 1915, in the Val d’Or area, prospec- From the beginning of the fi rst mineral production has increased tor Stanislaw Szyszko discovered mine’s operations until the year 33%, from $3.6 billion to $4.8 bil- the deposit that was to become the 2000, 195 mines operated in Abitibi- lion. Since 2003, some dozen min- Siscoe Mine. The next year Edmund Témiscamingue. In total, they eral development projects have Horne discovered an important produced 2,000 tons of gold, 6,650 been completed or launched, for a copper-bearing deposit. tons of silver, 16,000 tons of nickel, total investment of over $1.5 billion. 28,000 tons of lead, 5.2 million tons They have helped create or maintain A decade later, the mineral process- of copper and 6.7 tons of zinc. Over 4,300 permanent jobs. In addition, ing industry in Abitibi was born a period of 73 years, 11 million tons new projects currently underway around 4 o’clock in the morning of metal were extracted from the could att ract $1.2 billion in addi- of December 17, 1927 when the region. While those numbers may tional investment in the coming Noranda foundry produced its sound enormous, the volume of years. This growth and vigour is a fi rst copper casting. In the Val-d’Or metals derived is relatively small in result of improving world market area, the Siscoe Mine delivered contrast to the total amount of ore conditions and government poli- its fi rst two bricks of gold in 1929. mined – over 608 million tons. cies that support and encourage Mining activity later spread north, mineral sector development.429 with the beginning of operations Mining Today at the Springer mine in Chapais in Québec’s mining industry typifi es According to the results of the Fraser 1953, followed by the development the Canadian mining experience: a Institute’s 2006 annual survey of the of deposits in the Joutel-Matagami cyclical industry with bust follow- mining industry Québec ranked region in 1954. ing boom following bust, and a gov- fi rst in Canada and was in the top ernment which is both enthusiastic fi ve in the world in terms of invest- In 1978, the Bureau for Studies on and generous to mining interests, ment climate, as determined by Toxic Substances (BEST) conducted providing thenm with abundant mineral potential and government an analysis of watercourses in the access to the mineral resource and policy. 430 Rouyn-Noranda region. Around regular and substantial access to the same time, the Service for the public pocket-book. Government “policy” includes a Water Quality of the Department permissive regulatory regime, but of Environment and Fauna (MENF) Québec has traditionally been could also be taken as a code word also collected water samples in a among the top three mining jurisdic- for a jurisdiction with a very gener- dozen lakes and rivers near Rouyn- tions in Canada in terms of overall ous sets of subsidies. For example: Noranda and Val d’Or. production, jockeying with British • $1.3 million changed hands as Columbia for the number two posi- an “exploration rebate cheque” These two studies revealed that tion behind Ontario. Nonetheless, to Eastmain Resources Inc. for lakes Dufault, Pelletier, Rouyn, the market crunch of the early part exploration activities in the Séguin and Trémoy were all dis- of this decade took its toll on the James Bay region, July 2007431 playing serious impairments of Québec mining sector, and by 2003 • $2.7-billion was lost revenue water quality, due to elevated levels the industry was at a relatively low for the Québec government of copper, cadmium and/or zinc. point, with a net loss that year of as a result of subsidies to alu- As well, the concentration of mer- fi ve mines, 12,700 tonnes of daily minium giant Alcan Inc. for the cury and cyanide were very high ore capacity, and 1,180 direct mining construction of a new smelter, in certain lakes. The majority of the jobs. With world-wide poor market June 2006432 rivers studied showed excess levels conditions, no new mine opening, • a $253 million contribution to of copper and zinc on an quasi-con- and a signifi cant number of mine Noranda’s now mothballed tinuous basis, while cadmium was closings, 2003 was the culmina- Magnola magnesium plant was a frequent minor problem.427 tion of a decline that had begun in writt en off between 2000 and 1999.428 2003433 Mining activity in the Abitibi- • Québec is the only jurisdiction Tèmiscamingue district peaked However, since 2003, with rising to purchase equity investments in the mid-1960’s, when some 50 commodity prices, the Québec in mining ventures. mines were in operation. However, mineral sector has seen signifi cant

6.0 Across Canada’s Boreal 97 Staking and Exploration In the Cree community of In 2006, Québec mineral explora- Wemendji, Goldcorp’s Eleonore tion turned out its best performance gold project may be the fore-runner of the past 20 years, with more for a new gold camp. The deposit than $260 million in investments. is still being defi ned, but appears to Between 2001 and 2005, the number be rich and deep. News of the de- of exploration businesses increased posit has brought signifi cant pres- by 65% from 78 to 129. A majority sures on Wemindji’s traditional ter- are junior exploration businesses.434 ritory, which is probably now one In 2005, 88% of exploration expen- of the most densely staked areas in ditures were for off -mine-site work, the Province (if not the country). with two-thirds of it managed by junior companies. Over half of the In the Otish Mountains, Strateco exploration and deposit appraisal is actively exploring a uranium expenditures were spent on gold, a deposit on the lands of the Mistissini quarter on base metals, and approx- Cree. Added to some excitement imately 9% on diamonds.435 about possible diamonds in the area, this is creating pressures on On November 1, 2006, there were the Mistissini Cree. This area is now more than 175,000 active mining also intensely staked. titles in Québec, the highest number in a decade, and explora- The Mineral Tenure System tion expenditures have been above In the early part of this decade, $200 million in each of the past Québec overhauled its tenure three years.436 Mining companies system so that mining claims are had great success in fi nancing their now the only form of exploration exploration activities in 2006, due title granted. Previous to recent to a combination of high commod- changes to the Mining Act, mineral ity prices, recent signifi cant discov- tenure also came in the form of eries in Québec, and a supportive mining leases, mining concessions government that off ers a suite of and exploration licences. tax breaks, direct subsidies, and government funding of mining The changes to the Mining Act infrastructure. Forty-eight compa- came into force in the fall of 2000, nies had budgets between $1 mil- “simplifying” the claims system, lion and $5 million, six companies and making map staking the main had budgets between $5 and $10 method for acquiring a claim. million, and 5 companies had bud- Ground staking is now limited gets of over $10 million (including to a few specifi c areas or “staking 3 junior companies).437 Currently, parks,” on unsurveyed territory and there are more than 250,000 active on Iles-de-la-Madeleine. Based on mining titles occupying more than Québec’s principle of “Free Mining” 11,500,000 ha (about 7 - 8% of the which grants any interested party Province’s territorial surface).438 a “right” to the resource, the map staking system does not require a Exploration activity has been licence, and requires only that the intense in the Abitibi region (gold, applicant fi le a map designation copper-zinc), in the Otish Moun- notice with the appropriate iden- tains, in the James Bay area (gold, tifying information. Exploration diamonds), and in the Ungava area must then be done on the claims, at (nickel, copper), and there is grow- varied rates, depending on whether ing interest in uranium throughout the property is north of south of the the province.439 52nd parallel, and reports fi led on the work and expenditures.440

98 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Under the Québec system mining the geoscientifi c data.444 work has been carried out in the title is awarded on a fi rst-come/fi rst- previous fi ve fi scal years.447 served basis, granting an exclusive Géologie Québec, a branch of the right to search for minerals. This Ministry of Natural Resources and The Québec system also boasts of basically serves as a guarantee of Wildlife (MRNF) carries out numer- heightened access to public fund- receiving a mining title in the case ous geological projects in various ing, venture capital, and explora- of a discovery. Under the “modern” areas of Québec. To “open north- tion partners for mining companies map-staking system, the average ern Québec up to mining explora- operating in Québec.448 cost of acquiring a new designated tion” Géologie Québec conducted, claim of an average area of 50 hect- between 1995 and 2003, two of the The Québec Taxation Act enables ares is $80, compared to approxi- most extensive geological mapping a Québec taxpayer (individual) to mately $500 in expenses formerly programs in Canada.445 Subsequent claim a substantial tax deduction costs required for staking out and “discoveries” included Goldcorp’s for his or her investment in fl ow- registering a similar area.441 Éléonore Project. In 2006, the through shares. The Québec regime branch conducted nine geoscien- allows for a base deduction equal The maximum amount required tifi c inventories, ten geological to 100% of the cost of fl ow-through to renew a 100 ha claim located studies and analyses, and several shares. For shares acquired since south of the 52nd parallel aft er its 7th compilations and evaluations of March 31, 2004, individuals may two-year renewal period would be mineral potential. In the 2006–2007 deduct an additional 25% when the $3,600. Costs north of the 52nd par- Budget Speech, the government exploration costs are incurred in allel are even lower.442 announced $3 million in funding Québec by a company not engaged over two years for the Copper Plan. in the mining of mineral resources. The electronic registry of mining The funds will be used to complete A further 25% may be deducted if titles was replaced in 2006 with geological inventories as well as a the exploration is done from the sur- a new interactive, transactional, variety of geological studies on new face, bringing the total deduction to Web-based mining title manage- high-potential sectors in northwest 150% of the cost of the investment. ment interface called GESTIM Plus. Québec.446 GESTIM Plus provides free, instant Another amendment with respect access 24 hours a day to the public Québec also off ers several tax incen- to fl ow-through shares came into register of real and immovable tives which signifi cantly reduce the eff ect on March 31, 2004: upon mining rights in Québec.443 net cost of exploration for mining selling the shares, an investor may companies in Québec and promote benefi t from an exemption on the Exploration Incentives the fi nancing of their activities. capital gain realized on the portion One of Québec’s “advantages” is Under the Taxation Act, the Québec of the sale price that corresponds a well-funded and very accessible government introduced a tax to the diff erence between the cost set of geoscientifi c data. Over the credit for resources (CIRR) in 2001, of acquiring the shares and their last 100 years, more than 2.5 mil- which provides direct assistance adjusted cost base, which is deemed lion pages of information has been to mining companies that incur to be zero. For the 2006 taxation collected, including 64,400 reports eligible exploration expenses in year, taking Québec and federal produced by mining companies and Québec. In addition to the refund- tax benefi ts into account, the net 12.5 million geochemical analysis able portion, a non-refundable por- cost of a $1000 investment in fl ow- results obtained from 636,000 min- tion can be used, where applicable, through shares totals some $284 for eral samples. Valued at over $5.5 to reduce the income tax and capi- a Québec individual at the highest billion, the data set is maintained tal tax that a company must pay marginal tax rate.449 by the provincial government and in Québec. An additional deduc- is constantly being updated and tion of 50% of qualifying explora- Several venture capital funds are improved. Ninety percent of the tion expenses may also be granted dedicated to companies involved pages in the database are digitized under the Mining Duties Act, up in mineral exploration in Québec, and can be viewed free of charge on to a limit of 50% of annual profi t. including: the Internet. In addition to picking Eligible expenses include surface • Société d’investissement dans la up the tab for housing the data and exploration and underground drill- diversifi cation de l’exploration making it available free of charge to ing work performed on land that is (SIDEX), whose mandate is to the mining industry, the public also not under a mining lease or mining invest in the capital stock of foots the bill for collecting much of concession, or where no extraction companies with exploration

6.0 Across Canada’s Boreal 99 projects that will lead to the • The James Bay and Northern Québec town sues Noranda for diversifi cation of the Québec Québec Agreement (JBNQA) closing smelter mining industry. In 2006, SIDEX gives subsurface rights on Oct. 17 2002 – Canadian Press made seven investments total- Category 1 lands to the Cree, ing $2.2 million. and enable the Cree to par- Residents of a dying Gaspe • The Solidarity Fund, which ticipate in decisions regard- mining town are suing Noranda invests in mining exploration ing mineral development on Inc. for $23.1 million after the and production companies, pri- Category 2 and 3 lands.451 The company shut a copper smelter marily through regional funds. mineral rights for Categories 2 that was the lifeblood of the The northern Québec regional and 3 still rest with Québec, and community. solidarity fund invested $1 land is staked as it is in the rest million in seven exploration of the province. The Cree do People in Murdochville said companies, while the Abitibi- not have an explicit and legally Wednesday that the April closure Témiscamingue fund invested defi ned option of saying ‘no’ to of the Noranda (TSX:NRD) of $600,000 in one mining mine developments. smelter killed hundreds of jobs company. • The Nunavik Agreements will and sank property values in the • SODÉMEX (Société de dével- give the Inuit the mineral rights town of 1,200 residents. oppement des entreprises on Inuit-owned lands, but – as minières et d’exploration) in the Cree Agreements- the Toronto-based Noranda created and SODÉMEX II are limited mineral rights on other lands Murdochville in 1953 to develop a partnerships held by Capital in the territory will still belong body of copper ore. It decided last d’Amérique CDPQ and SGF to Québec and will be staked in year to pull up stakes because the Minéral Inc. They invest in the same manner. ore deposits were exhausted and junior exploration companies • Land in all of Québec may be a smelter to process imported ore and small mining producers withdrawn from staking for the proved unprofi table. The closure with activities in Québec whose protection of the environment. left 313 people out of work. market capitalization is below Protected areas are also part of $125 million. the land use plans of the Cree In August, residents voted 65 per • The Société de développement and the Inuit. cent in favour of closing the town. de la Baie-James (SDBJ) (James • The MNRF website states that a But the province, aided by a Bay Development Corporation) prospector must seek “mutual breakaway group of Murdochville “invested” in four explora- agreement” with a property town councillors, is trying to keep tion projects in 2006 totaling owner before entering upon the community alive. $700,000. their lands for exploration • The Québec Ministry of Natural purposes. If consent is refused, Québec announced a $14 million Resources and Wildlife (MRNF) the prospector can seek expro- aid package last week, which will provides an annual budget of priation under the Québec top off pensions and pour cash $300,000 to each of the Cree Expropriation Act.452 into municipal coffers. Residents Mineral Exploration Board, the who leave the town are not Fonds d’exploration minière While there are particular arrange- eligible for the benefi ts. du Nunavik (Nunavik mining ments in place for the James Bay exploration fund), and the Cree and the Inuit of Nunavik, as Murdochville Mayor Marc Minville, Fonds minier Innu Nitassinan noted above, there are many other a plaintiff who vehemently (Nitassinan Innu mining First Nations in Québec who do not opposes the package, said fund) to encourage Aboriginal have similar agreements in place, Wednesday that legal proceedings communities in the far north and many of whom do not have are the town’s last hope. “It could to participate in mineral any land claim sett lements.453 take years in the courts,” he development.450 said. “There are citizens who Production just want to leave the city and go James Bay Cree and Nunavik Québec ranks second in Canada in somewhere else.” The free entry system in Québec, terms of mineral production value. with its free-for-all access to the land Its mineral wealth is particularly Murdochville is about 500 and mineral rights, is tempered by diverse, with 30 mineral commodi- kilometres east of Québec City. the following factors: ties being produced in the province.

100 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Québec ranks as a signifi cant pro- In the case of the Sigma-Lamaque to expand operations around the ducer of iron, nickel, gold, copper, Mine, the mine opened, closed LaRonde Mine. zinc, niobium, ilmenite, and tita- and promptly re-opened again nium dioxide.454 following a restructuring and In late 2004, Xstrata launched a refi nancing involving SOQUEM two-phase capital project to expand In 2006, the Québec mineral sector Inc., Investissement Québec, and the Raglan copper-nickel mine provided nearly 14,900 jobs. Canada Economic Development, as in Nunavik. The company says it Three-quarters of these jobs were well as substantial redevelopment intends to make the Raglan Mine in exploration and one-quarter in and expansion of its mill from 3000 one of the biggest on the planet, primary processing. Over 40% of tonnes/day to 5000 tonnes/day. The nearly doubling its output. The plan direct mining jobs in Québec are capital costs for redeveloping and re- calls for boosts in ore production located in the Cote-Nord, Abitibi- opening were estimated at $34 mil- now 1.1 million tonnes a year to 1.3 Témiscamingue, and Nord-du- lion. The mine is owned by Century million tonnes by the end of 2008, Québec regions. Québec’s mining Mining – a company headed up by and more than 2 million tonnes in activity can be generally grouped the notorious Margaret Kent (aka later years.455 into metallic or non-metallic miner- Peggy Witt e). Kent was the CEO of als. Except for iron, which is found Royal Oak Mines, which left behind The Raglan property is located in on the North Shore, the metals a trail of mining messes at the the Nunavik territory of northern - copper, zinc, nickel, gold and Giant Mine and Colomac Mines in Québec. The mine is linked by silver - are concentrated mostly in the NWT, the Hope Brook Mine in all-weather roads to an airstrip at the Abitibi region, while the non- Newfoundland, the Pamour Mine Donaldson and to the concentrate, metallic minerals – asbestos, graph- in Timmins and the Kemess South storage and ship-loading facilities at ite, mica, salt, silica, talk, peat – are Mine in BC. Deception Bay. The mine is north of mined in the Eastern Townships, the 60th parallel, nearly 1,100 miles the Beauce and the Laurentians. Other major expansion programs north of Montreal in the sub-arctic have been underway over several permafrost region, with an average There are currently 15 metal mines years at Agnico-Eagle Limited’s annual temperature of -10C and operating in Québec’s boreal forest LaRonde Mine and at Xstrata’s an average ambient temperature region, plus two industrial mineral Raglan Mine. underground of -15C. operations and a titanium mine. Six of the mines produce primarily The LaRonde Mine in Val d’Or The operation consists of one open copper and zinc, nine are primarily is considered the largest mine pit, three underground mines, a gold producers, and two are iron in Canada in terms of reserves. concentrator, a power plant and mines. LaRonde I is also one of the deep- accommodations. 90% of the ore at est, at 2,200 meters, making it the Raglan comes from underground In the last several years there has deepest gold mine in the world and 10% from the open pit mine. only been one new mine open- outside of South Africa. Plans are to The mine is a fl y-in/fl y-out opera- ing – the Croinor Gold Mine near go to a depth of 3,100 meters in the tion with employees working for 28 Val d’Or in 2004 – but there have LaRonde II expansion project. The days, followed by 14 days off . The been several re-openings and two expansion project alone will add Raglan operation employs approxi- major expansions. The Beauford 9 years to the operating life of the mately 500 people, 16% of them gold mine, the Sigma-Lamaque mine, at an estimated capital cost of Inuit. open-pit mine near Val-d’Or, and $218 million. Since commissioning the Joe Mann underground mine in 1988, the mine has produced more Smelters near Chibougamau re-opened in than 4 million ounces of gold. In Québec hosts four smelters/refi ner- 2002. The Mouska underground addition to the over 245,000 ounces ies for the primary processing of gold mine near Rouyn-Noranda re- of gold produced in 2006, the mine substances extracted in the prov- opened in 2004, and Copper Rand also yielded 4.96 million ounces ince, and ten aluminium smelters. copper-gold reopened in 2005. of silver, 82,200 tonnes of zinc and The non-aluminum smelters are During this same period, there 7,300 tonnes of copper. Agnico- Xstrata’s copper-zinc Horne Smelter were 15 mine closures. The Troilus Eagle has two other projects under in Rouyn-Noranda, the Canadian Mine has two years of mine life development in the area, the Lapa Electric Zinc refi nery in Salaberry- remaining. and the Goldex properties - part of de-Valleyfi eld, the CCR refi nery in the company’s corporate strategy east Montreal, and QIT-Fer et Titane

6.0 Across Canada’s Boreal 101 The Horne Smelter

In 1978, a study of the Bureau for Studies on Toxic Substances (BEST) revealed high concentrations of metals in the soil within a radius of several kilometres around Noranda’s Horne Smelter in the Abitibi-Témiscamingue

District. At that time, the Horne smelter was spewing 552,000 tons of SO2 into the atmosphere.

In 1979, a fi rst public health study on a small group of children revealed higher levels of lead in the blood of the children from the Notre-Dame neighbourhood located closest to the smelter than anywhere else in Rouyn- Noranda or in the town of Évain. In 1989, a screening was done to verify if some children in the neighbourhood had high levels of lead in their blood. At the time, regional health authorities determined that the level of lead in the blood of young children should not surpass 100 μg/L.456 The screening reached most of the children between age 2 and 4 in the Notre-Dame neighbourhood, and results showed 50% of them with plasma lead levels over 100 micrograms per litre (μg/L).

In response, the Department of Community Health (DSC) recommended that soils be decontaminated and that discharges be reduced. A task force was set up to fi nd concrete solutions to the problem. The committee was made up of citizens from the neighbourhood, and representatives from the city of Rouyn-Noranda, the company, the Department of Environment and the DSC. The group proposed that, by 1995, no more than 10% of children between age 1 and 5 in the neighbourhood should display plasma lead levels exceeding 100 μg/L. Strategies to achieve this objective included soil decontamination, a reduction of the sources of lead emissions, and improved hygiene habits in the affected families.

After 80% of the residential properties in the Notre-Dame neighbourhood had been included in a soil decontamination program in 1990-91, only 25% of the children had plasma blood levels exceeding 100 μg/L. In 1993, a third screening of the same neighbourhood showed the proportion of children with plasma lead levels exceeding 100 μg/L had dropped by half, and none of the children showed a level over 150 μg/L. A last screening took place in 199, with 95 of the 98 children identifi ed participating. The geometric mean of plasma lead level was slightly below 50 μg/L, the upper limit of normality according to the Québec Toxicology Centre. This last screening also showed that only 6% of the participating population had plasma lead levels above 100 μg/L, confi rming that the objectives of the fi ve-year intervention plan (1990-95) had been met. Tests results also showed a systematic decrease between 1989 and 1999 in plasma lead levels exceeding 100 μg/L. It was the fi rst time that this proportion had fallen below the 10% mark.457

In 2000, the DSC proceeded to analyse a small number of soil samples from the eastern part of the neighbourhood (the sector that had been almost completely decontaminated in 1990-91). The soil in the zones located immediately to the south of the smelter reached contamination levels in the area of 500 ppm, a fi gure 10 times higher than the levels found in the replacement fi ll used during the decontamination operations of 1990-91. This renewed contamination decreases progressively as the distance from the smelter increases.458 The testing in 2000 indicated that the average plasma lead level among the children had not gone down since 1993.

Preliminary reports from 2006 indicate that 66,779,300 kg of lead and lead compounds were released to the air.459

SO2 emissions have also been reduced over the last several decades, with emissions reduced to 28,186 tonnes in 2006, according to preliminary reports. While this is excellent progress when measured against the 552,000 tonnes of 1978, it still presents a signifi cant environmental stress, as do the releases of lead and lead compounds.

102 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Inc. facility in Sorel-Tracy. In 2006, related to abandoned mines, includ- deliveries from primary processing ing a inventory of sites needing rec- totalled $1.5 billion. lamation work in 1994, an inventory of industrial sites which was started In 2001, Noranda Inc (now owned in 1998, and an inventory of tailings by Xstrata) announced that it would deposits in 1999. In total, there are close its Gaspé copper smelter in 1000 mine sites on fi le.463 Alcan Spill turns Saguenay Murdochville at the end of April River red 2002. This leaves the Horne Smelter Since the early 1990s the Govern- The Canadian Press, April 7, in Rouyn-Noranda as the last base ment of Québec has spent an 2007. metals smelter in Québec’s boreal estimated $30 million on research, region. work, and fi nancial assistance Environment experts in Quebec related to abandoned mines and on Saturday were monitoring Québec is also host to ten of Can- the rehabilitation of mining sites.464 a spill that turned several ada’s eleven aluminium smelt- kilometres of the Saguenay River ers, which are heavily subsidized An estimated $20 million of that red. An unknown quantity of red through reduced hydro rates. Pro- $30 million investment has been aluminum production residue duction of primary aluminium in spent on the rehabilitation of spilled into the Saguenay River reached 2.89 million tonnes in 2005 11 sites that were “returned” to on Friday after a pipe ruptured at with a value of $6.6 billion, and the Province between 1967 and an Alcan plant plant in Jonquiere, ranking Canada third aft er China 1985. The 11 mine sites, cover- north of Quebec City, turning the and Russia in terms of world pri- ing a total area of more than 500 water a deep red. mary production. Production of hectares, were located in Abitibi- primary aluminium in Canada Témiscamingue (East Sullivan, The Company says the substance increased by 12% in 2005 due to an Sullivan, Terrains Auriferes A, will not endanger the environment. Alouett e smelter expansion and the Canadian Malartic, Wood Cadillac, There is no danger to people and restarting of idled lines at Alumine- Preissac, Stadaconna and Lorraine), likely not to aquatic life either, said rie Becancour. The Alouett e expan- in Mauricie-Bois-Francs (Somex) company spokeswoman Rene sion made that smelter the largest and in Gaspesie (Candego and Les Larouche. Larouche said the mud such operation in the Americas.460 Mines Madeleine).465 is composed of 40 per cent inert solid material, and the rest is a Alcan – now owned by Rio Tinto – The Québec government has iden- “chemical liquid that is low-level owns the Alma smelter in Alma, the tifi ed 140 additional abandoned caustic.” She said the leak was Arvida smelter in Jonquiere, Québec mine sites with unremediated mine sealed within four hours, and the , the Grande-Baie smelter in La Baie, tailings areas, with a combined strong fl ow of the river diluted the the Laterrire smelter in Chicoutimi, rehabilitation cost estimated at residue’s presence in the water. Québec, the Shawinigan smelter in approximately $100 million. The 140 Shawinigan, and the Beauharnois abandoned stockpiles cover over Nancy Bourgeois of the Chi- smelter in Melocheville (plus 1,900 hectares. Characterization coutimi Environment Committee, the smelter in Kitimat, British and rehabilitation work has been a local conservation group, said Columbia). Alcan also has a 40% deemed necessary for 100 of these her offi ce received dozens of calls interest in the Alouett e smelter in sites, which represent nearly 85% of Friday from alarmed residents. Sept-Iles.461 the total area (1,600 hectares). These She said the affected section of sites, which will require more or the Saguenay is a winter feeding Alcoa Inc. owns the Deschambault less $100 million in fi nancing, are area for sea trout and a breeding smelter (Lauralco) located near mainly located in: ground for smelt. “What we want Québec City and a smelter located • Abitibi Témiscamingue (71%) is answers,” Bourgeois said. “It’s at Baie Comeau. Alcoa also has a • Outaouais (13%) just shocking that in 2007, this 74.95% interest in the Aluminerie • Chaudire-Appalaches (7%) kind of thing could happen.” de Becancour Inc. (ABI) smelter.462 • Estrie (4%) • Nord-du-Qubec (2%) Mining’s Legacy • Laurentides (2%), and The Québec government has under- • Mauricie Bois Francs (1%)466 taken a number of inventories

6.0 Across Canada’s Boreal 103 An additional 365 “mining residue said the inventory’s authors, who stockpiles” are still active, 167 are suggested crews remove materi- inactive but still have a company als, burn debris and recover scrap att ached to them which could be metal. This year, the clean-up held responsible.467 activities have been concentrated on three sites near Blue Lake and While Québec is paying the lion’s Aupaluk.471 share of the costs for rehabilitat- ing historic and abandoned mining In the 2007–2008 Budget Speech, the sites, the mining industry is mak- Québec fi nance minister announced ing some contributions. Xstrata has a ten-year plan to restore aban- promised $250,000 in the form of doned mine sites. A total estimated money, transportation and accom- cost of $203 million was posted as modation to support the work of an “environmental liability” on the Fonds Restor-Action Nunavik, the fi nancial statements.472 It is not which is undertaking the clean up clear how and when this commit- 25 major abandoned mining explo- ment will translate into real dollars ration sites in Nunavik.468 spent, beyond those specifi cs iden- tifi ed above. More than 20 companies have set up the Fonds Restor-Action Nunavik foundation to raise money for the restoration of the 18 worst aban- doned mining sites in the region. Fonds Restor-Action Nunavik has raised $750,000 among 20 mining companies and Québec has pitched in $4.1 million towards the clean-up eff ort, while the Kativik Regional Government and Makivik Corp. will provide assistance to make sure all “priority number one” sites get cleaned up. Work will include removal of hazardous materials, burning of non-toxic debris, recov- ery of scrap metal, and removal of remaining garbage to the nearest municipal disposal site.469

A 2003 inventory identifi ed 595 abandoned mine sites in Nunavik. The inventory looked in detail at 193 of these sites, of which 18 were found to need extensive clean-ups.470 Most of the sites are south of Kuujjuaq and around Kangiqsualujjuaq, with some near the Hudson and Ungava bays. In 1997, more than 100 litres of highly toxic acid was found near Katt iniq, while, in 2000, a stock of abandoned dynamite was found near Tasiujaq. At the very least, left over debris on the sites could pollute groundwater,

104 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Arsenic-laden Tailings at Duparquet

The gold deposit in the village of Duparquet was discovered in the 1920s and mined from 1933 to 1957. The ore contains arsenic, sulphur and antimony. In 1937 a roaster was installed to increase the recuperation of gold by eliminating arsenic from the concentrate. Twenty years later, the company ceased operating, leaving on the site with some 10,000 tons of arsenic stored in three cement reservoirs. In 1976, Eldorado Gold Mines bought the site in order to use the roaster for molybdenum concentrate.

In 1981, cracks were discovered in the cement reservoirs. In response, Eldorado emptied two of the reservoirs into sealed barrels and partially patched the third one. Between 1981 and 1987, Eldorado Gold Mines managed to sell half of the 2,500 forty-gallon barrels, and, in 1990, the remaining arsenic was transferred into plastic containers.

In 1981, the Department of Community Health carried out a study to measure the level of arsenic contained in the urine and the hair of three distinct groups from Duparquet: the workers who had handled the arsenic, children below age 15, and a certain number of adults. Workers registered very high levels of arsenic, and the studies also revealed that the levels of arsenic present in the urine of the children of Duparquet were higher than those of La Sarre, the reference town. The Department of Community Health made a number of recommendations, including the decontamination of play areas for the children. To date, much of the arsenic that has been transferred to plastic barrels has been re-transferred into a cement reservoir. Given that the reservoir is less than totally watertight, arsenic is still leaking from the tailings area. There are concerns that arsenic might contaminate the water table and that runoff from the tailings area may end up in Lake Duparquet, a popular recreational lake.

The Manitou-Goldex Project:

The Manitou site occupies an area of nearly 200 hectares and presents the most signifi cant rehabilitation challenge among abandoned mines in Québec. Over the years, acid mine drainage from the mine tailings has had a major impact on the local environment, particularly the Bourlamaque River.

Under a partnership agreement between the Québec Ministry of Natural Resources and Agnico-Eagle Mines, the Manitou site will be rehabilitated by using waste from the Goldex mine to cover and neutralize the acid generating tailings of the Manitou mine. The tailings from the Goldex mine are cyanide- and sulphide-free. In addition, the neutralizing potential of the waste will make it possible to neutralize the acidity of interstitial water in the tailings from the Manitou site, leading to an increase in pH and the onsite precipitation of metals dissolved in the interstitial water.

The waste from the Goldex mine will be transported to the Manitou site in the form of thickened pulp, containing about 55% solids, by a 24-km pipeline. The work will be spread out over about 12 years, which is the anticipated mine life of the Goldex mine. In addition, site closure plans provide for revegetation of the site and stabilization of the banks of the Bourlamaque River. Finally, the development of a marsh and the restoration of wildlife habitats, especially fi sh habitats, will be integrated into the work to rehabilitate the site. The preparation of the Manitou site and construction of the infrastructure for transportation of the tailings will be fi nished by the end of 2007. The fi rst ore processing tests are planned for early 2008. Therefore, by spring 2008, the fi rst tailings from the Goldex mine could be transported to the Manitou site.473

6.0 Across Canada’s Boreal 105 6.3 Ontario the winter of 1906-07 there were 2000 men in the area, who staked Mining’s History 4000 claims. Mining Promoters Ojibwe people in the Bruce Mines reported outrageous gold fi nds and area , on the north shore of Lake values and encouraged the unsus- Huron in northeastern Ontario told pecting public to invest money with the Indian Agent of copper deposits them in get-rich-quick schemes. The they had mined for centuries. The Canadian Mining Journal observed fi rst modern metal mine was opened “the gold mined by these promot- in the area in 1850. Copper-nickel ers did not come from the pockets ore was discovered at Sudbury in of the earth.”477 1883 and silver at Cobalt in 1903. Both discoveries were made acci- Discoveries in the Timmins camp dentally by railway blacksmiths. followed soon aft er, with the Dome Following the discovery of rich Mines Company Limited forming fi nds of silver at Cobalt, prospec- in 1910 and producing its fi rst 214 tors roamed even further afi eld in ounces of gold and 19 ounces of search of precious metals474 and silver by the end of the same year. mineral extraction in Ontario’s The Dome Mine, the foundation boreal forest began. stone for what is now Placer Dome International, was in continual pro- A Mining Convention in 1905 fol- duction for 95 years. lowed on the heels of the Cobalt discovery, and the heightened level Mining Today of mining activity showed the need For almost a century, Ontario to regulate the industry, and espe- has consistently led mined metal cially to have a means to resolve production in Canada, with disputes between claimants. The totals approximately equal to the result was the Mines Act of 1906, combined production of British which was a comprehensive revi- Columbia and Québec. Ontario sion and update to mining laws is responsible for one-third of which had been around since the Canada’s total production.478 mid 1880s.475 In 2006, the fi ve highest value metal- A Mining Commissioner was lic minerals were nickel ($3,269 mil- appointed under the new Mining lion), copper ($1,453 million), gold Act. His principal task was to bring ($1,247 million), platinum group “law and order” to the Ontario metals ($404 million), and zinc mining community and remove ($379 million). Combined, these such disputes from the realm of represent 98% of the total value Mines Ministers who were having of Ontario’s metallic mineral pro- to deal with diffi cult and time-con- duction in 2006, totalling $7 billon suming cases. He was to off er an dollars.479 accessible and aff ordable means of quickly and eff ectively sorting out The mineral industry in Ontario mineral disputes.476 includes: mineral production, min- eral exploration, and industries sup- In the late summer of 1906, a pros- porting the mining sector, including pecting party a hundred miles north contract mining, custom equipment of Cobalt found gold. Press claims design and mine fi nancing. Toronto that the gold was “visible in quartz, is known as the mine-fi nancing and we could knock it off with our capital of the world. More mining picks” sparked one of the largest companies are listed on the TSX gold rushes in Ontario history. In and TSX Venture Exchange than on

106 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest any other exchange in the world, for mineral exploration.482 increase from 213,000 in 2005.490 with over 1100 mining companies valued at $143 billion.480 The province has its own fl ow- Gold has continued to be the through share program, in addition most sought-aft er commodity in Although most Ontario mining to the federal “Super Flow-through Ontario for several years, but base takes place in the boreal region, Shares.” The Provincial program metals could surpass gold in 2007. comprising 80% of the province, provides a 5% tax credit to investors Exploration for platinum metal there is also a signifi cant mining in Flow-through-Shares.483 Ontario group has increased dramatically camp in Sudbury, which is in the also off ers a ten year tax holiday for across Northern Ontario, with a transitional zone between the Great any company developing a “remote rise in exploration spending from Lakes St. Lawrence forest and the mine.” $2 million in 1998 to $24 million boreal region. in 2006. Diamond exploration Exploration in Ontario is approxi- continues across the province, par- Outside the boreal, skirmishes mately fi ve times higher than is was ticularly around Wawa and Cobalt between exploration companies fi ve years ago.484 Exploration and and in the James Bay lowlands.491 A and concerned land owners and deposit appraisal spending rose recent nickel rush in the McFaulds First Nations have erupted in the from $108.9 million in 2001485 to Lake area near James Bay has also southeastern corner of the prov- $342 million in 2006. Predictions for caught miners’ att ention. ince, where the junior exploration 2007 anticipate a further increase of company Frontenac Ventures has 9% to $371 million.486 Mineral Tenure in Ontario been in an extended confrontation Ontario’s mineral exploration and with two Algonquin First Nations Ontario has led all Canadian prov- development operates under the and other local residents and sur- inces and territories in exploration “free entry” system: both public face-rights holders over uranium and deposit appraisal spending and private land are generally open exploration activity. every year for the last decade, and for staking, exploration and poten- projections are that expenditures tially development of the mineral Staking and Exploration in 2007 will account for 20% of resource. Mineral exploration in Ontario is Canada’s total expenditures.487 heavily subsidized, through direct Who actually owns the mining grants to mining industry associa- Spending was split in 2006 in an rights, even on properties that are tions, government-funded mineral 3:1 ratio, with $245 million (72%) privately owned, will vary from one reconnaissance and research, and spent on exploration and $97 mil- parcel of land to the next. Generally, fl ow-through shares which provide lion (28%) for deposit appraisal. for any title granted by the Crown tax benefi ts to those who invest in Spending intentions for 2007 sug- before May 6, 1913 – the date the mineral exploration, regardless of gest a relative increase in deposit Public Lands Act was amended to whether a mine is ever found. appraisal (advanced exploration) reserve mineral rights to the crown with $258 million (70%) to be – the owner of the surface rights In 2001 the provincial government spent on exploration and $113 mil- will also own the mineral rights. announced $4 million in direct lion (30%) to be spent on deposit For parcels of land granted by the funding to help restructure the appraisal. Spending on activity Crown aft er May 6, 1913, owner- Ontario Prospectors Association. away from existing mine sites is ship may or may not include the expected to climb from $249 million mining rights depending on how The mineral exploration sector ben- in 2006 to $332 million in 2007.488 the title is worded. The Province’s efi ts from government funding of Approximately 40% of this spend- current policy is to reserve mining research and development, includ- ing is by junior companies and 60% rights to the Crown in the major- ing a $29-million Operation Treasure by seniors.489 ity of land grants made under the Hunt investment announced in July Public Lands Act. 2001 to generate “new geoscientifi c 66,926 new claim units were data that promotes Ontario’s stand- recorded in Ontario In 2006, with Ontario still operates under a ing as one of the best jurisdictions only 494 of them located in the system of ground-staking, where in the world for mineral explo- southern part of the province. The mining claims must be physically ration.”481 In 2000, the Province number of mining claims in “good staked on the land, but it is con- announced an $8 million program standing” in Ontario climbed to a sidering changes to the Mining Act to develop advanced technologies record high of 229,000 in 2006 – an that would introduce map staking

6.0 Across Canada’s Boreal 107 for southern Ontario and the far and/or federally. Clearing, mechan- north. ical stripping, bulk sampling, drill- ing and blasting, moving heavy Mining claims are each 16 hectares equipment and drilling rigs, and in size, and are staked using a four- building trails are allowed on public post system, which means that there land without need for permit.492 is a claim post in each corner, with a claim tag identifying the prospec- Mining Claims in Protected Areas tor and the time of staking. Aft er During the Lands for Life land staking a claim, the prospector or use planning process in 1997 and exploration company must perform 1998, the mining industry fi ercely exploration or assessment work to opposed establishing additional maintain it in good standing. protected areas that were needed in order for the parks system to ade- The assessment work must be of a quately represent Ontario’s natural value of least $400 per claim unit diversity and ecological regions. per year, with an exemption for the Prospectors Associations and major fi rst year and the option of assign- mining companies teamed up to ing assessment expenditures to agitate for the opening up of exist- contiguous claims (for example, ing Ontario parks and conservation a prospector can spend $1600 on reserves to mineral exploration.493 one claim and use it as a credit for four contiguous claims). The The expanded system of parks assessment work must be reported and protected areas announced to the Mining Lands Section of the in March 1999 included overlaps Ministry of Northern Development with mining claims and interests and Mines, and must contribute to in approximately one-third of the the understanding of the geology 378 new protected areas. The areas of the site. For example, a base line of overlap were designated as study of natural values on the site “Forest Reserves,” which permit- would not be accepted as assess- ted mineral exploration and mining ment work. The holder of the mining development. The Forest Reserve claim owns the exclusive right to lands were to be added to the park explore for minerals, and is entitled or conservation reserve if a claim or to bring the property to a mining lease was forfeited through “normal lease upon fulfi lling the require- processes.” ments of the Mining Act. Mining leases are issued for twenty-one In 2002, the government initiated year terms and may be renewed for a process with mineral exploration further twenty-one-year periods. interests and conservation groups They can be issued for surface and to try to “disentangle” the locations mining rights, mining rights only where the protected areas over- or surface rights only. lapped with pre-existing mining lands. From mid-2002 to June 2004, In 1996, preliminary mineral explo- recommendations were developed ration on public lands was deregu- for a total of 66 sites. Public com- lated under the Bill 26 amendments ment was invited through a posting to the Public Lands Act. Work per- on Ontario’s Environmental Bill of mits for preliminary exploration on Rights electronic registry. public lands are now only required when roads or buildings are being Between March 2006 and April constructed, while impacts on 2007 decisions were announced ground and surface water may for 33 forest reserves and portions require authorization provincially of 2 conservation reserves and 1

108 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest provincial park. For 31 of the 33 Over the past few years, confl icts fi shing by both native and non- forest reserves the decision was have arisen as a result of explora- native residents. made to re-designate the areas as tion companies or individuals either general use areas or enhanced entering private property to stake One First Nation aft er another is management areas, And, as one of out mining claims or to undertake fi nding their traditional and treaty the notices stated, “for the areas ground exploration work without lands trespassed upon by an explo- being changed from forest reserve consent or notifi cation. ration companies who are either designation to GUA or EMA, this ignorant of Aboriginal land rights will remove all current intent to The Minister of Northern or indiff erent to them. regulate these areas as per previous Development and Mines is pro- intent indicated for forest reserve posing to introduce map stak- In the spring of 2006, members of designated lands via the approved ing in southern Ontario, and to Muskrat Dam First Nation in north- Land Use Strategy.”494 This means add churches, cemeteries, burial ern Ontario were dismayed to fi nd these areas are now lost from the grounds, natural gas/oil/water De Beers conducting drilling and system of parks and protected areas pipelines or airports to the list of helicopter exploration in the area now and into the future. lands that are not open for mineral where they carry out their annual staking. spring goose hunt. The hunt usu- Public Opposition ally provides about 200 geese for While the level of mineral explora- The Ministry is also proposing to community use; an essential part of tion in Ontario has risen dramati- expand notifi cation rules for explo- the diet, especially for elders. Chief cally over the last several years, so ration work. The proposed changes Vernon Morris asked DeBeers to has the level of opposition from the are: cease the exploration program public and First Nations, literally • A mining claim holder would immediately.497 Company offi cials from one end of the province to the be required to provide a confi r- asked for a meeting to discuss the other. mation that a mining claim has disruption, then dictated who could been staked to the surface own- att end. No meeting took place.498 In southeastern Ontario – in the er’s address well in advance of Rideau Lakes area, and North entry on private surface rights In 2004, Platinex Inc. began explor- Frontenac in particular – there have (e.g. minimum of 30 days prior ing for platinum on the lands of the been confl icts between prospectors to entry); and Kitchenuhmaykoosib Inninuwug and exploration companies intrud- • A prospector would have to (KI) First Nation, ignoring a mora- ing on private land for several provide a notice of the intent torium on development that had years, and several cases has been to perform ground exploration been imposed by the First Nation brought before the Mining and work that would include details in 2001, pending the resolution of Lands Commissioner. The Mining of the exploration work being the Treaty Land Entitlement claim. Commissioner has responded proposed, including when, When the company entered on the erratically. The uproar has resulted what, where, how and by whom winter road and began to under- in a review by Government of sec- the work will be carried out. take exploration work, KI asked tions of the Mining Act related to them to leave. When the company mineral staking and exploration on The proposed changes were out- persisted, the community blocked lands where the surface rights are lined in Ontario’s Mineral Devel- the road. Platinex responded by held by private property owners. opment Strategy495 and a proposal suing the First Nation for $10 bil- outlining the potential changes was lion, and asking for an injunction. The Mining Act currently requires posted on Ontario’s Environmental KI responded with a counter suit the consent of the surface owner, Bill of Rights electronic registry on enjoining Ontario and asking the in some circumstances, before a July 18, 2007 for a 60 day comment judge to declare that the Ontario mining claim is staked and before period.496 Mining Act was unconstitutional, prospecting occurs, but these pro- and asking the court to grant the tections are inconsistently recog- The same circumstances exist community an injunction against nized, and are not embedded in across the north, including the the mining company. At the fi rst the regulations. They provide for vast stretches of the forest where injunction hearing, the Ontario compensation for damages but do there are a variety of land uses, Superior court judge rejected not enable the surface rights holder including cott ages, farms, forestry Platinex’s request and granted the to say “no.” operations, hunting, trapping and First Nation’s application. He ruled

6.0 Across Canada’s Boreal 109 Goldcorp’s Campbell Mine

The Campbell Mine is a gold mine owned by Goldcorp and located about 180 kilometres north of Vermillion Bay, in the small community of Balmertown, near Red Lake. Now “integrated” with the Goldcorp’s Red Lake Mine next door, the Campbell Mine was owned and operated by Placer Dome until Goldcorp bought the property in 2006. A total of 666,000 tonnes were mined during 2004, producing 209,186 ounces of gold. The ratio of ore to total tonnes mined was 67%.

Arsenic could be the Campbell Mine’s middle name. If there is a villain in the Campbell Mine cast of environmental contaminants, it is arsenic. Arsenic-laden tailings in the backyards of Balmerton, an arsenic plume steadily making its way to Red Lake, and 20,000 tons of arsenic trioxide stashed deep in the Campbell Mine.

From 1949 through to 1960, tailings were discharged into Detta Lake and what is now a residential part of Balmertown. The tailings were the waste products from the milling process during the fi rst years of operation of the roaster. As a result, arsenic levels were high in the neighbourhood where the tailings had been deposited. A 1992 a monitoring program found arsenic concentrations from 500 ppm to 1000 ppm at a depth of 0 m to 1 m below the yards. Studies in 1995 found that those living in the Balmertown neighbourhood built on the tailings had higher levels of arsenic in their urine than the other groups. There has been no remedial action taken.

Several years ago, groundwater sampling showed that arsenic from the tailings had penetrated the clay below the tailings impoundment and had reached the underlying aquifer, and that the groundwater was fl owing toward both Balmer Lake and Red Lake, with most of it fl owing toward Red Lake. Studies done in the early 1990’s indicated that three groundwater plumes will report to Red Lake in three or more locations. There is an aquifer discharge directly into Red Lake, there is seepage into a stream entering McNeely Bay, and there is seepage into a marshy area adjacent to Red Lake. The aquifer may also discharge into the mouth of McNeely Bay. The earlier studies estimate that the dissolved sulphate plume has migrated approximately 200 metres from the tailings area towards Red Lake, and will reach Red Lake in 10 to 20 years. The arsenic plume was predicted to reach Red Lake in 30 to 55 years. More recent estimates are that the arsenic could reach Red Lake much sooner. Estimates of potential arsenic loadings range from 170 kilograms per year to 2500 kilograms per year.

Between 1975 and 1991, an estimated 20,000 tons of arsenic trioxide was air-blown into the underground workings at the Campbell Mine. Arsenic trioxide is a known carcinogen, with no safe level of exposure. The Mine’s 1995 closure plan said that Placer Dome was relying on the Ontario Waste Management Corporation to review options for the treatment of the arsenic trioxide stored underground, but the OWMC had ceased to exist by late 1995. In 2000, fi ve years after fi ling the closure plan, Placer Dome restarted their search for an environmental solution to the arsenic trioxide problem. They pinned their hopes on the work of a project team established by the federal government, which had been given a year’s funding to examine options for managing the 270,000 tonnes of arsenic trioxide left behind at the Giant Mine in Yellowknife after Royal Oak’s collapse. By 2001, Placer Dome offi cials were indicating that they expected to bring the materials to surface for treatment, but that the timeline and treatment methods had not yet established.

The newest closure plan, fi led by Goldcorp in April 2007, describes a plan as having been developed from 1999 to 2002 and initiated in 2003, to remove the arsenic trioxide for “safe” disposal. The plan involves creating an arsenic trioxide slurry underground which is then pumped to surface for processing through an autoclave located in the mill (a Certifi cate of Approval for the autoclave dates back to 1991). Reportedly “literature reviews” indicated that the Campbell autoclave was the best available technology for stabilization and disposal of the arsenic. The autoclave fi xes the arsenic with iron and the fi xed arsenic is then deposited in the main tailings pond or returned as paste underground.499

The majority of pumping took place in 2005, emptying the 550 stope of 1100 tons. In 2005 pumping was stopped to allow the stope to be washed down and recorded for a visual review of progress.500 Once it is determined that the fi rst phase of the project was successful, Goldcorp intends to proceed to Phase II, which will process the remaining arsenic trioxide over a period of 8-10 years.501 110 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest that work must be stopped at the usually referred to as the “Timmins a metallurgical site, which is com- site, while the First Nation and camp” or the “Porcupine camp” in prised of a concentrator, copper the provincial government held the context of mineral production smelter and refi nery, electrolytic talks.502/503 and exploration. The Timmins camp zinc reduction plant, two sulphuric includes the Clavos, Dome, Hoyle acid plants, cadmium plant, indium Att awapiskat First Nation has dem- Pond and Pamour gold mines, plant and a liquid sulphur dioxide onstrated their openness to mineral Xstrata’s Kidd Creek zinc-copper plant.508 development through their agree- mine and Montcalm nickel-copper ment to allow the DeBeers diamond mine, and Liberty Mine’s Redstone Goldcorp also operates two gold mine in their territory, but they have nickel operation. mines – now managed as a joint continued to challenge other explo- operation – in Balmerton, just ration companies which undertake Two signifi cant developments in outside of Red Lake, and the work on Att awapiskat First Nation the Timmins camp have been the Musselwhite gold mine, 130 kilo- territory without the involvement formation of the Porcupine Joint metres north of Pickle Lake. or agreement of the First Nation. Venture and a major expansion of Metallex Ventures continued explo- the Kidd Creek operations. Four mines are staggered through- ration work throughout 2006 and out the Lake Superior watershed: 2007 without the support of the First The Porcupine Joint Venture was the Lac des Illes palladium mine Nation, and were asked to leave the formed in July 2002 as a partnership north of Thunder Bay, two remain- territory. Att awapiskat First Nation between Kinross Gold Corporation ing gold mines in the Hemlo has clearly stated that it has no and Placer Dome Inc (since pur- camp just outside of Marathon, intention of supporting any project chased by Goldcorp). Operations and a single gold mine just north that does not show respect for First and properties were combined, and of Wawa. On the other side of the Nation Right.504 a massive expansion of the Pamour province at roughly equivalent Mine undertaken.505 The project, latitude is the last remaining gold The Ontario Government’s which was the subject of a compre- mine in the historic Kirkland Lake responses, delivered by the hensive study under the Canadian camp. But while there may be just a Ministry of Northern Development Environmental Assessment Act, few remaining mines in the Hemlo, and Mines, have varied from hos- included expansion of the existing Wawa and Kirkland camps, each tile to weak. Ontario’s 2006 Mineral Pamour open pit mine, the con- area has an abundance of both Development Strategy devotes sev- struction of an isolation dam across abandoned mines, closed and sus- eral paragraphs to describing how Three Nations Lake, partial dewa- pended operations, and exploration “eff ective consultation processes tering of the lake, alteration of the activities. for the mining sector will continue lake shoreline and extension of the to be developed and implemented lake, and the relocation of a portion Mining is heavily dependent on with input from Aboriginal peoples, of Three Nations Creek. The expan- outside capital and external mar- mineral sector and other stakehold- sion involved relocating Highway kets. Historically, mining in north- ers, consistent with government- 101 into Three Nations Lake and ern Ontario was diffi cult, given that wide guidelines.” through a section of Three Nations the markets, labour, capital, tech- Creek. The expansion represented nology and cheap transportation Production a mine life extension of up to 11 needed for the profi table operation Currently, there are 17 metal mines years.506 were all found further south.509 operating in Ontario’s boreal region Mining created a sparse and scat- with another 8 advanced explora- The result of a $640 million capital tered population across the Shield tion projects which are likely to program to develop Mine D at the in Ontario, where many communi- come into production within the Kidd Creek operations has been ties were almost entirely dependent next year or two. There are an addi- to make the Kidd Creek the deep- on the extraction and processing tional dozen mines operating in the est base-metal mine in the world. of ore – an unsustainable resource Sudbury basin, which is the transi- Mine D is the deepest mine devel- use, resulting in unsustainable tional zone between the Great Lakes oped in Canada to date; the plan communities. St.Lawrence and boreal forests. is to go deeper still.507 The mining rate at Kidd Creek is 5,651 tonnes Controlled by single industries The greatest concentration of per day. The Kidd Creek operations which were oft en headquartered mining is in the Timmins area, include the underground mine and in distant urban centres, these

6.0 Across Canada’s Boreal 111 Acid Mine Drainage at Kam communities have been, as one mining companies operating in the Kotia researcher described it “subject to province. crucial decisions made in distant The Kam Kotia Mine, located corporate offi ces that were insulated The ministry can lay charges and from the devastating local impact order fi nes if an operation is out of 15 km northwest of the city 511 513 centre of Timmins, was originally of these decisions.” Perhaps at compliance, but it rarely does. For operated as the “Wartime Metal least in part because mining com- example, there were 50 exceedences Corporation” from 1942 until munities in northern Ontario are so of the water pollution limits by 1961. In 1961, the property oft en heavily dependent on a single the mineral sector in northern resource industry, and because Ontario in 2005, and there were no was acquired by Kam Kotia 514 Mines Ltd., principally owned communities lack control in crucial convictions. by Robison Mines Ltd., and decisions made in the industry, was operated until 1972, when mining operations have generally The pubic has a limited opportunity it was abandoned, becoming a not been widely subject to public to comment on proposals to issue public liability. The site includes scrutiny. approvals. There is limited notice a partially fi lled open pit, old and information for hearings, and Water Regulation in Ontario mill remnants, 200,000 tonnes short comment periods. Although of waste rock, and over 400 ha The Ontario Water Resources Act the public has an opportunity to containing 6 million tonnes of (OWRA) regulates water taking appeal approvals, few appeals are impounded and unimpounded and mine effl uents in Ontario. Both actually heard. Stringent tests must tailings. water taking permits – required to be met before the review tribunal pump water for use in mining and will hear a case. The Kam Kotia mine tailings are milling processes and in order to reported to have the highest keep mines free of water and thus Ministry status reports on waste tailings sulphide concentration open for operation – and permits water discharges showed that in in Canada and are strongly acid- for industrial sewage works are 1995 all nine mining companies generating. Surface water runoff issued under the Act. In the mining operating in the northern admin- from the site is very acidic, and context, industrial sewage works istrative region of the ministry has been reported at pH 1.8 are the treatment ponds for mine violated the mining effl uent limits effl uent and the tailings manage- of their certifi cates of approval 2.5, containing elevated levels 512 of arsenic, zinc and copper. It ment areas. under the OWRA at certain times has been estimated that 35,000 during the year. Environmental tonnes of tailings are currently The OWRA includes prohibitions compliance reports a decade later clogging the Kamiskotia creek on water pollution, authority to show that non-compliance prob- bed, much of which is fl ushed out issue approvals and orders regard- lems persist. As noted above, the and replenished on an annual ing water pollution that constitute 2005 Environmental Compliance cycle. exceptions to the statutes prohibi- Reports indicated that there were tions, as well as the authority to 50 exceedences of the water pollu- apply penalties for violating the tion limits by the mineral sector in By 2006, approximately two- 515 thirds of the rehabilitation Act or its regulations. northern Ontario in 2005. required at the Kam Kotia site Mining’s Legacy had been completed, at a cost Levels of “acceptable” pollution of approximately $38.5 million. vary by substance and by location, Over 6,000 inactive or abandoned and the Ministry of the Environment exploration or mining sites litt er the Projects for the 2006-2007 fi scal 516 year included the installation of has discretion to approve an opera- province. Ontario’s Ministry of a dry cover over the northwest tion which has releases of toxics Northern Development and Mines section of tailings for al cost of to the environment that are higher announced a $27 million commit- $12.3 million and the operation than the levels in the Water Quality ment to an abandoned mines reha- of a water treatment plant under standards. The water pollution con- bilitation program in 1999, with an a fi ve-year contract for a cost of trol regulations do not necessarily emphasis on “eliminating risks to $1.8 million.510 employ the total loading approach public safety” through the capping used in company-specifi c acid rain of abandoned mine shaft s, removal regulations. The acid rain regula- of mine structures, and backfi lling tions only apply to one or two physical hazards, such as pits and

112 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest trenches.517 companies but companies can now request an “exit ticket” which allows In its fi rst four years the Abandoned them to hand mined-out properties Mines Rehabilitation Fund and the back to the crown, aft er having met program it supports completed their closure plan requirements. more than 55 rehabilitation proj- ects, including the rehabilitation of abandoned mine sites that had been posing either a public health and safety risk, or an environmen- tal concern.518 Extended funding allowed remediation at an addi- tional 20 abandoned mine sites. In total, approximately 4,000 of Ontario’s abandoned mine sites have been assessed under the aban- doned mines program since in the fi rst six years.519

In late 2006 the Ministry of Northern Development and Mines announced that it was sett ing aside $60 million over six years for its Abandoned Mines Rehabilitation Program.520 The province has prom- ised to spend $10 million annually for work such as capping, monitor- ing, fi lling in or fencing off surface hazards to ensure public safety.521

While the abandoned mines pro- gram is a very positive develop- ment, its overall benefi t has been off set by changes to mining legis- lation over the last decade which have weakened requirements around mine closure. In particu- lar, changes have been instituted to replace the requirement for real fi nancial assurances to cover clo- sure and post-closure costs with fi nancial means tests for some companies. There is no public or independent review of the amount of money that is to be set aside in closure bonds, companies are not required to disclose the amount of funds they have set aside for mine close-out, and the information is not available through the access to information law. Ministry staff no longer review and approve closure plans; they “accept” plans that have been prepared and approved by the © Garth Lenz 6.0 Across Canada’s Boreal 113 6.4 Manitoba Over the last hundred years, Manitoba’s mining industry has Mining’s History spawned over 70 mines.526 As the Over a century ago, when the work- “Mining in Manitoba” website ers building the transcontinental proudly claims “over the last cen- railway arrived in Winnipeg, they tury, our mining industry past and found a town with stone quarries present has come a long way, lead- and salt works already operating, ing railways, roads and airports and new discoveries of gypsum into the great northern reaches of and coal ready to be exploited.522 Manitoba and giving birth to the towns of Flin Flon, Snow Lake, Manitoba’s fi rst documented gold Thompson, Leaf Rapids and Lynn discovery occurred in 1911 at Rice Lake.527 Lake in southeastern Manitoba. In the early 1900’s, mineral exploration Mining Today moved north, with the construction Metal mining pumps about $1 bil- of the railway up to The Pas and lion into the Manitoba economy further.523 each year, representing 3.5% of the provincial Gross Domestic In 1914, a local Aboriginal man, Product and12.5% of the province’s David Collins, led Thomas total exports.528 Manitoba’s mining Creighton to a copper-zinc outcrop industry employs approximately at what is now Flin Flon. The Flin 3,500 people directly and another Flon mine was staked in 1915. In 14,000 in indirect spin-off busi- 1922, a copper-zinc deposit was nesses.529 Manitoba currently has discovered north of Flin Flon at 9 producing mines, 2 operating Cold Lake that later became the smelters and 2 refi neries. The main Sherridon Mine. The railway was metals produced are copper, nickel, punched through and in 1930 the zinc, gold and tantalum.530 fi rst copper and zinc were produced from the open pit. A large capital The province’s mining activity is investment by HBM&S in the late primarily clustered around the 1920s for rail, mine, smelter, and copper-nickel-zinc mining camps refi nery, as well as a hydro-electric in the Flin Flon/Snow Lake and plant on the Churchill River, laid Thompson regions. There is also the groundwork for opening up signifi cant gold mining activity at the prolifi c Flin Flon/Snow Lake Snow Lake and tantalum-lithium- Belt and later the Lynn Lake belt cesium at Bernic Lake.531 to the north.524 The Nor-Acme gold deposit was discovered in 1925 on The mining industry is subject to the northeast shore of Snow Lake a variety of both profi t and non- and produced gold and silver from profi t based taxes. Payments to 1949 to 1958.525 municipal governments average approximately $15 million per year In 1946, Inco Ltd. began a 10 in Manitoba, based on a variety of year exploration program in the municipal assessment formulae, Thompson area of Manitoba using including a portion that is grant- newly developed geophysical and in-lieu of tax. In addition, up to 3% geological techniques. This culmi- of the provincial mining tax rev- nated in the discovery in 1956 of the enue is transferred each year to the Thompson nickel-copper deposit Mining Community Reserve Fund. along with at least 6 other smaller This fund was established in the deposits. The mine began full pro- early 1970s to provide assistance duction in 1961. to communities impacted by mine

114 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest closure.532 Concerns have been in northern Manitoba claims must requirements range from $0.50/ha expressed that this fund has been be ground-staked. Whether map- in the fi rst year to $6.00/ha in the used in the past for purposes out- staked or ground-staked, claims are tenth year. There is an application side its mandate, such as for general of a minimum size of 16 hectares and fee of $359.00 and a cash security revenue expenses or for exploration a maximum size of 256 hectares. A deposit of $0.50 per hectare.540 subsidies. As of 2001 the fund was claim is good for two years aft er it at $20 million.533 has been recorded. Aft er two years, Since 1995, over $31.5 million has the claim holder must perform and been off ered through the Mineral Non-profi t taxes, such as sales tax, report exploration work of a mini- Exploration Assistance Program corporate capital tax and payroll mum value of $12.50 per hectare for (MEAP) and the Manitoba tax paid by the industry to the each year from year 2 to year 10 and Prospectors Assistance Program Provincial Government, average a minimum value of $25 per hectare (MPAP) in direct fi nancial assis- approximately $20 million annu- for year 11 and beyond.538 tance for mineral exploration in ally. Provincial mining taxes, which the province.541 In addition, recent are profi t-based and vary with Individual prospectors must pay legislative amendments provide commodity prices and operating $13 to obtain a Prospecting Licence new investment opportunities for costs, have averaged approximately which is good for life. For $257 a advanced exploration and develop- $19 million per year over the last company can obtain a Company ment projects through Manitoba’s decade. 534 Prospecting Licence. The Company labour sponsored funds.542 Prospecting License is then valid The basic provincial mining tax rate for as long as the company is in Mineral exploration has boomed of 18% has been off set by a variety of existence. In order to produce min- over the past few years in response tax credits and allowances that pro- erals from a claim, the claim must to high metal prices and increased vide on average an eff ective mining be converted to a mineral lease. A demand. Company spending inten- tax rate in Manitoba of 9%. In addi- claim can be converted to a mineral tions for 2006 were estimated at tion, new mines are eligible for a lease if, over the life of the claim, $52.0 million, comparable to the tax holiday and the provincial cor- required work in the amount of $625 $52.9 million spent in 2005.543 porate income tax rate was recently per hectare has been reported. The reduced from 17% to15%.535 term of a mineral lease is 21 years The total area of mining claims and with an annual rental of $10.50 per mineral exploration licences as of In May 25, 1999, a new regulation hectare.539 December 31, 2006 was 4,576,778 under the Mines and Minerals hectares while the total area of min- Act entitled the Mine Closure Like a map-staked claim, only eral dispositions and leases in good Regulation came into eff ect. The larger, a Mineral Exploration standing was 4,726,543 hectares.544 regulation requires that mining Licence does not require boundar- companies be held liable for the full ies to be marked on the ground. Manitoba’s Mineral Resources’ cost of all rehabilitation measures The province is divided into two Division 2006 exploration activity at mine sites, and that they provide zones, with diff erent expenditure map identifi es 57 major explora- suffi cient fi nancial surety up front to requirements, size restrictions and tion projects, including 16 gold pay for the cost of rehabilitation.536 licence terms for each zone, and projects, 16 nickel-copper projects, Since 1999, new mining opera- mineral exploration licences are 12 copper-zinc projects, 4 diamond tions are required to fi le a closure not available in the main mining projects and 2 uranium projects. plan prior to acquiring an operat- areas. In Zone A, the minimum size ing permit. Mines that had been in is 5,000 hectares and the maximum Historic highs in nickel prices operation prior to 1999 must also 50,000 hectares, and licenses are for have generated new exploration meet the regulation.537 a three-year term, renewable for an activity and spurred new devel- additional three years. Expenditure opment, including expansions at Staking and Exploration requirements range from $1.25/ Vale-Inco’s operations at Thomson. Mineral rights can be obtained by ha in the fi rst year to $15.00/ha in Most likely to move to production staking a mining claim, or applying the sixth year. In Zone B, the mini- are Crowfl ight’s Bucko Project for a large area disposition called mum size is also 5,000 hectares, and Nuinsco Resources Limited’s a mineral exploration licence. In but the maximum size is 100,000 Minago nickel deposit located 225 the surveyed area to the south, hectares, with licenses for a fi ve- km south of Thompson.545 claims can be map-staked, while year renewable term. Expenditure

6.0 Across Canada’s Boreal 115 The search for diamonds in almost depleted. The acquisition Manitoba continues in the Hudson terminated HBMS’s dominance of Bay Lowland and Seal River areas the copper-zinc mining scene in west of Churchill. De Beers Canada Manitoba and Saskatchewan over Inc. completed a high-resolution the past 75 years.547 airborne magnetic survey on a 20,000-km land package at Seal On October 24, 2006 Companhia River and reduced their explora- Vale do Rio Doce (CVRD) of Brazil tion licenses to cover the anomalous (now Vale-Inco) took control of Inco areas. Land acquisition by a number by acquiring a 76% interest.548 of competitors has followed the De Beers activity.546 Smelters in Manitoba The two Manitoba smelters (Inco- Production Thompson and HudBay) currently

Current mining operations contribute about 50% of all the SO2 in Manitoba include Cabot emissions from smelters in Canada. Corporation’s Bernic Lake and Despite decades of operation, these Tantalum Mining Operations in Lac facilities are the only two smelters Du Bonnet, Vale-Inco’s Birchtree operating in Canada without sul- and Thompson copper-nickel phur fi xation or a similar method of mines, San Gold Corporation’s Rice avoiding such emissions. Nor have Lake Mine and San Gold # 1 Mine these companies expressed willing- both near Bissett , and Hudson Bay ness to invest in such technology or Minerals’ 777 Mine, the adjacent alternative approaches to signifi - Callinan Mine, and their Trout Lake cantly reduce these emissions. Mine, all in Flin Flon, and Chisel North Mine in Snow Lake. “Canada is alone among Mining in Manitoba is dominated developed countries in permitting by its two largest players: Hudson’s the operation of a smelter without Bay Minerals Inc and Vale-Inco. sulphur fi xation.”549 Both operate several mines and a smelter complex, and both have undergone major expansions in The smelting and refi ning opera- recent years. Most signifi cantly, tions of these two accounted for perhaps, both lead the pack of 46% of the Canadian mining indus- Canada’s polluters. try’s releases of sulphur dioxide,550 and 95% of Manitoba’s releases, Both companies have been the sub- according to Manitoba’s 1997 ject of historic corporate mergers. “State of the Environment” Report. On December 21, 2004, Winnipeg- Recent numbers – almost a decade based HudBay Minerals Inc. aft er that sobering Report – show acquired Hudson Bay Mining and litt le to no improvement. Vale- Smelting Co., Limited (HBMS) by Inco’s operations emitt ed 180,736 a take-over of Ontzinc, a junior tonnes of sulphur dioxide in 2005, that had picked up the company and preliminary numbers for 2006 from Anglo-American at a cost report in at 190,898 tonnes. Hudson of $316 million when that South Bay Minerals’ Flin Flon operations African company was looking to emitt ed 203,145 tonnes in 2005 and unload it. Anglo-American had preliminary reports for 2006 come assessed the company’s holdings in at 195,381 tonnes.551 as uneconomic: the copper smelter was facing stiff er pollution regula- Over 595 tonnes of heavy metals are tions, and the rich ore bodies were released annually into the air at Flin

116 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Flon, including zinc, lead, copper, in the plant which means emis- A government study quietly posted cadmium arsenic and mercury. sions cannot be immediately shut on Manitoba Conservation’s web Approximately 83 tonnes of heavy off . In contrast, Inco Ltd. opera- site in July 2007 reported that the metals were released to the air from tions in Thompson can cut back level of toxic metals found in some Thompson operations.552 Acid depo- its air emissions if sulphur dioxide of Flin Flon’s soil exceeds guidelines sition due to the Manitoba smelters levels exceed 0.1 ppm in the city of and could pose a risk to human is a factor in the acidifi cation of Thompson.557 health. One hundred and eight sites lakes in regions of Northwestern were tested for soil contamination Ontario, Northern Saskatchewan In Flin Flon, persistently high in August 2006 in Flin Flon and and elsewhere. releases of SO2 and other toxins nearby Creighton, Saskatchewan, to the air are exacerbated by the along with comparison areas in Since 1994, the province of Manitoba location of the smelter operations Cranberry Portage Bakers Narrows has prescribed annual limits on immediately next to the downtown. Provincial Park in Saskatchewan. emissions of SO2 emissions of Prevailing winds carry emissions 220,000 tonnes for each smelter.553 over the town, including the down- The study found that the levels of These limits were set at levels that town, schools and residential areas. arsenic, cadmium, copper, lead and exceeded actual company emis- A public warning system is in place, mercury exceeded the soil guide- sions, and they have not changed and warnings are issued when aver- lines for human health in most of since that time. Manitoba’s 24-hour age sulphur dioxide concentrations Flin Flon and parts of Creighton. air quality guideline for SO2 is exceed 0.34 ppm. Suggestions for Of the 93 Flin Flon sites that were weaker, by a factor of about three, how the public should respond to tested for arsenic, 58 soil samples than the guideline established by the warnings include advice to stay exceeded levels that were deemed the World Health Organization inside with the windows closed.558 safe for public health, includ- (WHO).554 ing samples from16 playgrounds Health studies done in the early and one schoolyard. Topsoil from Operations in Flin Flon and 1990’s showed that hospitalization selected boulevards, vacant lots, Thompson hold the unenviable for respiratory diseases was 30% schoolyards, playgrounds and golf positions of being the top ranking higher in Flin Flon than in other courses was tested for metal content, and third-ranking air polluters in areas of the province.559 The diff er- but the study did not include resi- the country. Hudson’s Bay released ence was most remarkable for young dential yards. Sixty-six per cent of 203,247,210 kilograms of CEPA people aged 5-29 years, and indi- test sites in Flin Flon and Creighton toxins to the air, while Vale-Inco cated a disproportionate amount of had high levels of arsenic, 41 per in Thompson released 182,577,851 respiratory illness among this age cent recorded high levels of lead, kilograms. The companies are group in Flin Flon.560 and half exceeded the normal levels required to report their release of of mercury.

103 00'W 99 00'W

these air pollutants because they 55 15'N A are regulated as toxic substances 55 15'N under the Canadian Environmental 555 Protection Act. Snow Lake

Flin Flon These releases have both chronic and immediate eff ects on the health of both humans and the environ- ment. There have been numerous B studies over many years chronicling Wind Rose the impact of the releases. N 54 00'N NW NE 54 00'N 103 00'W SASKATCHEWAN MANITOBA 99 00'W The one hour air quality objective W E for sulphur dioxide is 0.34 ppm, the ppb 20 300 540 1100 3600 100000 Mercury (ppb) SW S SE 24 hour objective is 0.11 ppm and Frequency = Arrow Length the 1-year objective is 0.02 ppm.556 Speed = Arrow Width Sample site 0 50 75 90 98 100 ABTransect There are no legal limits. At Flin percentile Flon, there is a lag time of approxi- mately 14 hours with converters Mercury contamination in Humus in the vicinity of the Flin Flon Smelter From: http://gsc.nrcan.gc.ca/geochem/envir/pdf/index3.pdf 6.0 Across Canada’s Boreal 117 Airborne pollutants in the form of sulphur dioxide and heavy metals have been dispersed over the boreal forest in the Thompson area of northern Manitoba since 1961. Metal deposition in soils and plant material has been found to a distance of 35 km from the Inco nickel smelter, being very highly elevated around the smelter.561 A signifi cant inverse correlation was determined between seedling growth and copper/nickel concentrations in surface organic soils.562 Forest decline surrounding the Thompson smelter has also been documented.

Areas in northern and eastern Manitoba that are downwind of the Flin Flon and Thompson smelters are particularly at risk from acid rain damage.563 Long-term monitoring has shown that precipitation at some stations has become slightly more acidic. Soil in the area east of Lake Winnipeg and in the northwest corner of the province (which represents approximately 30% of Manitoba) has been identifi ed as being sensitive to acidic inputs. Lakes in the northwest corner of the province are highly sensitive, while lakes to the east of Lake Winnipeg are moderately sensitive.564

Sulphur dioxide can cause serious health problems including: premature death, worsening of respiratory conditions, impaired lung function, shortness of breath, eye irritation, and unnecessary hospitalizations.

Multi-nation studies of SO2 in Europe have demonstrated signifi cant increases in hospital admissions and premature deaths at mean concentrations much lower than 0.25 ppm.565 The Manitoba government states that for longer exposures, sulphur dioxide levels above 0.15 ppm have been linked with increased hospital admissions for cardiac and respiratory illnesses.566 Sulphur dioxide may enhance the effects of respiratory problems caused by other air pollutants. Long term exposures to as little as 0.027 to 0.031 ppm with high levels of particulate matter in the air have been associated with an increase in respiratory illnesses in children.567

Lynn Lake, Manitoba

The town of Lynn Lake, Manitoba is still suffering the effects of mine shutdown. Both long-time operators such as Sherritt-Gordon Mines Ltd. and short-term miners like Blackhawk Mining Inc. have closed operations in the area, leaving behind a legacy of contaminated sites and environmental degradation including 11 contaminated sites and 25 million tonnes of acid-generating tailings.

Acid mine drainage is occurring throughout the 1200 ha of inactive mining properties adjacent to the town. Surrounding water bodies are contaminated, including the aquifer that supplies the town with water, and there are local concerns that contamination of waters downstream may have a negative effect on both tourism and commercial fi shing and processing. Residents of Lynn Lake have reported elevated cancers and early deaths, which led to the Lynn Lake Adjustment Committee requesting an environmental health risk assessment for the region.568

Between 2001 to 2006 a number of studies and investigations were undertaken for use in developing a rehabilitation plan for the East Tailings Management Area (ETMA) under a 50/50 partnership between the Province and Viridian Mining Inc. A diversion has been constructed to divert clean rain and melt water around the ETMA, and a trial permeable reactive barrier has been installed to treat contaminated groundwater. Revegetation trials, a review of options for covering the tailings, and installation of an engineered wetland to remove contaminants from the ETMA runoff, have also been undertaken, as has relocation of the solid waste facility and implementation of the ETMA rehabilitation plan.

On other portions of the mine site, plans include demolition of the headframe and rail loadout, clean up of mill area contamination and relocation of the solid waste facility from the tailings area. Investigations of the mill site and rail loadout area have been completed and a rehabilitation plan has been developed. Rehabilitation work for 2007-2008 is to include demolition of the headframe and other buildings within the mine complex, ground cover trials and dyke stabilization.569

118 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Arsenic, lead and mercury are all Mining’s Legacy approximately $6 million on known carcinogens, and can cause In announcements in 2001 and 2002, orphaned and abandoned mine numerous other health problems, the Province committ ed $2 million site rehabilitation. This includes including health problems and in funding to begin the process of the $1 million announced in each developmental delays in children. rehabilitating abandoned mine sites of 2001 and 2002, and an additional The report recommends that resi- in Northern Manitoba. Five specifi c $4 million spent in 2006 on projects dents wear gloves when working sites were identifi ed for assess- at Lynn Lake, Rutt an, Sherridon outside and that children not put ment over the fi rst four years: the and Snow Lake for environmental their hands in their mouth. The Lynn Lake Sherritt Gordon Mine, monitoring, dike repair, demolition report also instructs local residents Sherridon Mine, Baker Paton Mine, and cleanup, site revegetation and to wash all locally-grown produce Gods Lake Gold Mine and the Snow preparation of long-term rehabilita- to reduce their exposure to soil Lake Arsenopyrite Stockpile. The tion plans. contaminants.570 program included $1 million to be spent by the Department of Industry, Under the program, 149 former While the study’s fi ndings are Trade and Mines over four years to mine sites have been identifi ed as sobering, they should not be sur- cap and close off open mine shaft s, orphaned or abandoned, includ- prising, given the already known and $1 million from Manitoba ing the fi ve which were identi- eff ects of the Flin Flon smelter on Conservation’s Environmental fi ed as high priority in 2000 (Lynn the surrounding environment from Health Risk Assessment Program Lake, Sherridon, Gods Lake, Snow studies dating back several years. to research and assess the environ- Lake and Baker Patt on). All 149 Emissions of heavy metals from the mental impact of abandoned mines. sites have now been inspected for smelter are seen in increased soil In addition, an Orphan Mine Site safety and environmental hazards concentrations above background Advisory Committ ee, involving and scheduled for rehabilitation. levels to a distance of 70 – 104 km representatives from First Nations Meetings have been held in com- from the smelter.571 Metals include communities, industry, the mining munities aff ected by orphaned or zinc, lead, copper, cadmium, arse- sector, local communities, envi- abandoned mine sites to present nic and mercury. A 1983 study ronmental groups and the public rehabilitation plans, and work has found that lead levels in blueberries was to be established to provide been undertaken or is ongoing at within 5 km of the Flin Flon smelter on-going advice and direction for the fi ve high-priority sites. Long- were 20 to 30 times higher than the policy development related to the term rehabilitation plans are being average value for Canada. Lead is rehabilitation of abandoned mine developed for all 149 sites.577 a metal that bio-accumulates and sites.575 potentially biomagnifi es in the food In August 2007, the Province chain.572 A 1981 study of fruiting Between 2000 and 2006, more than announced that it was allocating shrubs downwind of the Flin Flon $1.5 million was spent to cap shaft s $6.8 million, including funding for smelter concluded that it was dif- and install fences to address safety rehabilitation projects at three of the fi cult to determine the toxicological concerns and old mine structures high-priority sites identifi ed in 2000 implications for wild herbivores were demolished and cleaned up. (Sherridon, Lynn Lake, and Gods consuming metal contaminated Lake) and nine smaller sites in the forage were diffi cult to determine In March 2006, Manitoba estab- Whiteshell and Bissett areas.578 because of the known nutritional lished a $70-million environmen- interactions that the range of heavy tal liability account earmarked metal contaminants have with for the rehabilitation of orphaned each other.573 Acidity in soils also and abandoned mine sites.576 This increases the bioavailability of includes a new agreement between many metals. the province and Viridian Inc. to share the rehabilitation cost of the Hudbay Minerals announced in East Tailings Management Area November 2007 that it will be clos- near the town of Lynn Lake. The ing the smelter in Flin Flon some agreement required the parties to time between 2008 and 2015 rather complete a plan for rehabilitation than meet federal regulations that of the area by May 2007. may come into force some time aft er 2015.574 To date, the province has spent

6.0 Across Canada’s Boreal 119 6.5 Saskatchewan dangerous to mine.

Mining’s History The Seabea Mine near La Ronge The fi rst gold discovery in continues to be the sole operating Saskatchewan was in the North gold mine, despite a rush of activity Saskatchewan River, near Prince in the late ‘90’s that saw the opening Albert, in 1859. Gold was produced and then closing of gold operations in small quantities in the early in La Ronge Provincial Park, includ- 1900s by panning and dredging ing the Cameco Corporation’s joint operations, but it was not until venture Contact Lake Mine. Until aft er the transfer of lands from the its closure in 2005, the Konuto federal crown to the province of Lake Mine, near Denare Beach, fed Saskatchewan in 1930 that the fi rst copper-zinc to Hudson Bay Mining metal mine went into production. and Smelting operations in Flin Flon, Manitoba. By the late 1930s and in the early 1950s, gold was being produced in Saskatchewan ranks fourth in signifi cant amounts in the vicini- Canada (aft er Ontario, British ties of La Ronge, Flin Flon (on the Columbia and Québec) in terms of Saskatchewan-Manitoba border), the total value of mineral produc- the Crackingstone Peninsula, and tion, accounting for 11.4% of the Prince Albert. total value of Canadian mineral production in 2006.579 Uranium also came into production in the 1950’s, with 16 ore bodies and The total value of mineral sales in 3 separate milling facilities devel- 2007 was $4.6 billion, up nearly oped in the Uranium City area, 45 percent from $3.2 billion in where production continued until 2006.580 Potash accounts for about 1982. In southern Saskatchewan, three quarters of this total, and both coal and potash are mined uranium a litt le under one fi ft h.581 extensively, producing one third Potash and coal are both mined in of the world supply of potash and Saskatchewan, but the mines are constituting approximately 14% of not located in the Boreal region, and Canadian coal production. are not discussed in this report.

Mining Today The province was a “global leader” In Saskatchewan’s boreal region, in the production of uranium, pro- there are currently 3 operating viding about 30% of the world’s uranium mines, producing almost supply. In 2006 uranium produc- one third of the world’s uranium tion totalled 9,876 tonnes of ura- supply. nium metal, valued at $615 million, or $745 million dollars when it is Principal operators are Areva converted to yellowcake. In 2007, Resources (formerly Cogema) and Saskatchewan produced 100% of Cameco Corporation with some Canada’s uranium from three oper- joint ventures between Areva and ating mines.582 Cameco. The uranium deposits in Saskatchewan are extensive, and of Staking and Exploration highest grade in world, some 5 to Exploration spending in 20% ore grade, and in a few places Saskatchewan has increased almost even higher. They are also found seven-fold in a half decade, rising relatively close to surface. This from a low of $30.5 million in 2001 combination means the operations to over $280 million in 2007. are both lucrative to operate and 120 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Exploration activities were largely are being undertaken by three Mineral Prospecting Permits, in in the Athabasca basin - in vicin- companies – producers Cameco both the Northern and Southern ity of which most of the operating Corporation, AREVA Resources Mining District, are obtained by uranium mines are located - and Canada Inc. and junior UEX map staking rather than ground the areas just to the north and south Corporation. But close to 100 other staking. Mineral disposition, or the of it. Approximately 30 major ura- companies or individuals held over granting of mineral rights, gives the nium deposits have been identifi ed, 2000 mineral dispositions covering holder the exclusive right to explore are under development or are the 7.6 million hectares of the Athabasca for minerals on the allocated lands. subject of feasibility studies.583 Basin area at the end of December However, it does not give them 2006. right to enter upon or use the sur- Diamond exploration has grown face of those same lands to which exponentially in the last fi ft een In the surveyed Southern Mining they have been granted the mineral years, with more than 6 million District, 3,261 mineral dispositions rights. A separate surface permit is hectares of land under disposition were active covering 2.7 million also required for mineral explora- for diamond exploration. While hectares. The majority of these are tion programs conducted on Crown interest in diamond exploration has related to diamond exploration mineral lands. been concentrated in the area north in areas peripheral to the Fort à la of Prince Albert, particularly in the Corne diamond region to the east of Saskatchewan Energy and Fort à la Corne kimberlite province, Prince Albert, and also in a second Resources has an internet-based, the Saskatchewan government cluster to the northwest of Prince online method ofacquiring and considers the entire province to be Albert, between Green Lake and Big maintaining mineral dispositions prospective ground for diamond River. Fort à la Corne is reputed to for all regions of the province. exploration, and provides ongoing have the largest kimberlite deposit Mineral rights are acquired in technical assistance to the explora- in the world. Expenditures for Saskatchewan through a system tion industry.584 diamond exploration in 2006 were that is a combination of ground about $85 million. staking and map staking methods. Spending estimates for exploration activity for uranium, diamonds, Two diamond exploration projects Ground staking is used in the unsur- base and precious metals, and are in the advanced stage, both in veyed Precambrian Shield region in industrial minerals in 2006 were the Fort à la Corne forest. Shore Saskatchewan (Northern Mining $208 million, an all-time record in Gold Inc’s (Shore) Star Kimberlite District) while map staking is the terms of current year dollars.585 Project is undergoing a $60 mil- method used in the surveyed part Almost half of the exploration lion pre-feasibility study, and Fort of the province (Southern Mining spending – $100.2 million – was à la Corne Joint Venture explora- District). Between 1997 and 2005, spent on uranium exploration in tion program is budgeted at $43.2 approximately 30.5% of the claims the Athabaska region. million. issued, covering 61% of the mineral lands applied for, were acquired by Record-sett ing exploration expendi- In 2006, gold exploration expendi- ground staking. During the same tures of near $280 million are fore- tures were estimated to rise slightly period, 70% of the claims issued, cast for 2007, a tenfold increase over to $16.2 million with most of the covering 39% of the mineral lands 2002. Uranium exploration leads activity in the La Ronge and Glennie applied for were acquired by map the way at $130 million, buoyed by domains. staking. a uranium spot price of $US 120/lb 586 for U308 in the fi rst half of 2007. Mineral tenure in Saskatchewan Production Saskatchewan’s mineral tenure As with mineral exploration, min- As of December 31, 2006, there system is more protective of surface eral production in Saskatchewan’s were 6,245 active mineral disposi- holders (both private land-holders boreal forest region is dominated tions totaling just over 11 million and First Nations) than other by uranium mining. Uranium is hectares, or an increase of almost jurisdictions. It allows surface and currently mined at Cameco’s Eagle 4 million hectares during the 2006 subsurface rights to be severed and Point and McArthur River Mines, calendar year. This rose to 18.3 mil- reserved to the transferor on sale and at Areva’s McLean Lake and lion hectares by the end of 2007. or disposition. Saskatchewan also Rabbit Lake. The Cigar Lake mine separates prospecting permits from is now out of commission due to The major exploration programs permits granting mineral rights. fl ooding and is not projected to be

6.0 Across Canada’s Boreal 121 operational until 2009. grade, ranging from 4 to 9% pure uranium, or 90 times more radio- Claude Resources’ Seabee Mine is active than the uranium that was currently the only producing gold formerly mined at Elliot Lake in mine in Saskatchewan. The mine Ontario. The McArthur River and is located 120 km northeast of La Cigar Lake deposits have an aver- Ronge. Seabee Mine produced age grade of 20% uranium. 44,600 ounces of gold in 2005 and production for 2006 was expected The Key Lake Mill is the largest to exceed 48,000 ounces.587 uranium mill in the world, with a production capacity of 18 million Major impacts of mine develop- pounds of milled uranium annually. ment in northern Saskatchewan The mill operates 24 hours a day, 365 come from the roads and power days a year, with employees work- corridors needed to service mines. ing on a seven-day-in/seven-day- The three major highways into out schedule. In 2006, production Saskatchewan’s boreal forest north at McArthur River/Key Lake was of the Churchill River have all been 18.7 miilion pounds of milled ura- built to serve the mining industry, nium, also known as “yellowcake.”

with public and community access Its chemical signature is U3O8. As only incidental. These highways – to this is the licensed capacity of the Cluff Lake, Key Lake and Wollaston Key Lake Mill, Cameco has applied Lake – involve an estimated 1,000 for an increase in annual licensed kilometres of road.588 capacity at Key Lake to 22 million pounds. McArthur River is the Uranium Mining largest high-grade uranium deposit Mining uranium creates special in the world. Grades within the ore-

hazards, due to the radioactive body reach 70% U3O8 and compos-

nature of the ore. Uranium is a ite grades of 30% U3O8 over several radioactive element, which means metres are common. that it is unstable. As it breaks down or decays, uranium gives off energy The Eagle Point Mine completed in the form of radiation. Each of the its fourth full year of production new elements or “progeny” radium, in 2006, following a re-opening thorium, radon, bismuth, lead and midway through 2002. Production polonium have specifi c characteris- in 2006 was 5.1 million pounds

tics that pose distinct problems in of U3O8, down from 6.0 million terms of health and environmental pounds in 2005. impacts due to their radioactive half-life (the time it takes for a The Rabbit Lake Facility is now the radioactive substance to lose half longest running uranium mining- of its radioactivity). Cancer, leuke- milling operation in Saskatchewan. mia, birth defects, genetic damage and weakened immune systems Areva’s McLean Lake properties are all associated with exposure to include the Sue A ore body,589 the radiation. Caribou and Sue B, D and E open pit operations, the McLean under- Uranium ore is rock containing ground operations and the JEB mill, uranium mineralization in concen- plus already depleted ore bodies.590 trations that can be mined economi- cally, typically one to four pounds Cameco also operates Canada’s

of U3O8 per tonne or 0.05% to 0.2% only uranium refi nery, located in

U3O8. The uranium being mined Blind River, Ontario, and only ura- in Saskatchewan is extremely high nium conversion facility, located in

122 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Uranium Reserves (as of December 31, 2006) DEPOSIT MINING MILLIONS OF AVERAGE

METHOD POUNDS U3O8 GRADE

(% U3O8) McArthur River underground 367.0 20.6 Cigar Lake underground 226.3 20.7 Rabbit Lake underground 19.1 1.2 McCleam Lake - Sue A stockpile 0.2 0.4 - Sue B, D, E open pit 13.1 0.9 - Sue C stockpile 0.6 0.4 - Sue E stockpile 0.8 0.3 - McClean underground 10.7 2.5 - Caribou open pit 2.8 2.5 - JEB depleted Midwest open pit 33.0 4.8 Cluff Lake decommissioned nil TOTAL URANIUM RESERVES 673.6 Numbers may not refl ect total due to rounding Source: Uranium in Saskatchewan” Fact Sheet, Areva, Cameco and Saskatchewan Mining Association Port Hope, Ontario. The refi nery at Uranium City Blind River takes uranium oxide Uranium was discovered on the north shore of Lake Athabasca in concentrate (U3O8) from mines in Canada and abroad and refi nes 1936. Commercial production started in 1953 at the Beaverlodge mine on Beaverlodge Lake. The town of Uranium City was established in it to uranium tri-oxide (UO3), an 1952 to service that mine and others that followed. By the late1950s, intermediate product. The UO3 is trucked to Port Hope, which has ten mines were in production; the boom lasted almost three decades, about one quarter of the Western ending in 1982. world’s uranium hexafl uoride Unlike the newer mines, the uranium ore was not of a very high grade. (UF6) conversion capacity and pro- vides the only commercial supply All of the mines in the vicinity fed into three processing facilities, at of fuel-grade natural (unenriched) Beaverlodge, Lorado, and Gunnar. The smallest, Lorado, in operation from 1957 to 1960, left 0.6 million tonnes of tailings covering 14 hectares. uranium dioxide (UO2). Gunnar was in operation from 1955 to 1964, and left 4 million tonnes of Mining’s Legacy tailings over 75 hectares, while the Beaverlodge operation left over 10.1 There are an estimated 500 plus million tonnes - mostly in form of exposed solid tailings/dust – over 25 abandoned mines in the entire prov- hectares in various areas of Beaverlodge. ince of Saskatchewan, with a great number of them being coal mines in Thorium, radium, polonium etc. are left behind when the uranium is the southern part of the province. extracted. The tailings still contain 85% of the radiation of the original In 1976-77 an inventory was con- ore as well as other metals. In the case of the Lorado and Gunnar sites, ducted of Abandoned Mines in the the tailings are also acid-generating. Uranium City Area, and another, in 1988-89, of abandoned coal mines At the Gunnar site, the tailings were simply bulldozed into a small lake, in the south and metal mines in the which eventually overfl owed into Lake Athabasca. At the Beaverlodge northern part of the province. Only mine, tailings were dumped into Beaverlodge Lake. Cameco Corporation, 37% of the more than 100 metal formed when Eldorado Nuclear was partially privatized, has stabilized mines had site-assessments by the tailings at the Beaverlodge site, but the bulk of the wastes remain early 2000. 23% of metal sites (60% in the lake.592 with tailings) underwent remedial work.591 The Saskatchewan and federal governments have been arguing for years about who will pay for the cleanup, with no resolution in sight. In the 2000-01 fi scal year, the fi rst The province has estimated that cleaning up the Gunnar and Lorado year of the new Abandoned Mines sites would cost $25 million.593 6.0 Across Canada’s Boreal 123 Assessment Program, 28 aban- early workers, some 5,372 cancer doned mines and associated waste deaths were reported from 1955 disposal sites were inspected, to 1999, plus another 2,335 cancer and a draft assessment report was cases. He also found another 618 completed.594 recent cancer deaths, with three quarters of the miners still living. In 2004, Saskatchewan Environment He found that the rate of lung released the third and fi nal com- cancer among the uranium miners ponent of its Abandoned Mines was 30% higher than that of the Assessment Program Report, exam- general population. ining environmental and public safety at abandoned mines in north- ern Saskatchewan. Altogether, 75 former mine sites were examined, representing all known abandoned mines in the north. The fi rst report, released in 2001, covered 26 sites; the second, in 2002, examined 21, and the third the reaining 28 sites. The fi nal report also provides a full listing of all the sites reviewed.595 Sites earlier identifi ed as requiring clean-up include former uranium mines at Gunnar and Lorado near Uranium City, which have exposed tailings; the Gunnar site also has old mine structures that need to be addressed.596

The federal and provincial govern- ments announced in April 2007 that they would be sharing the $24.6 million cost of cleaning up some 40 mines near Uranium City, aban- doned in the 1950s and 1960s. The clean-up program was to begin the summer of 2007. Most of the money is for remediation at the Gunnar Mine, with a smaller amount going to clean up 36 smaller abandoned mines. The old Gunnar mine site includes mine buildings which are in ruin, and four million tonnes of unconfi ned tailings which are leak- ing into nearby lakes.597/598

The Eldorado Miners Cohort epi- demiological study, done in 1995, considered a cohort of 20,000 work- ers between 1932 and 1967 from the Beaverlodge operations. In March 2006, epidemiologist Dr. Geoff rey Howe updated and revised that study. He found that among 17,660

124 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest 6.6 Alberta billion dollars, to the provincial During 2005 and 2006 more than 4.5 economy million hectares were newly staked Introduction for diamond exploration. Despite its enormous impacts, oil Staking and Exploration sands mining is outside the scope of While coal is signifi cant in the past Several million hectares were this report.599 Since 1964, when Great and present, diamond exploration staked for uranium, mainly in the Canadian Oil Sands (now Suncor) is also important. northeast and southern parts of the started mining oil sands to produce province, making uranium explo- crude bitumen, and Fort McMurray By 2001, approximately 45 kimber- ration responsible for at least 30% was a small trading post, oil sands lites had been found in three sepa- of the mineral permits issued. By have dominated the Alberta econ- rate clusters in northern Alberta, the end of 2006, almost the entire omy.600 Syncrude Canada operates and government sources were Athabasca Basin within Alberta had the largest mine in the world, and estimating the potential there for been staked for uranium, includ- uses some of the largest mining fi nding a further 200 or more. More ing much of what lies beneath trucks ever built, with capacities than half the kimberlites contain Lake Athabasca itself. Main play- of 380 tonnes each. Between them, diamonds, although none of those ers included AREVA Resources, Syncrude and Suncor moved over found to date are of signifi cant CanAlaska Ventures, Triex Mineral 556 million tonnes of bituminous economic value. Areas of identifi ed Corporation, Red Dragon Resources sands in 2000.601 high potential include Buff alo Head and Strathmore Minerals. Hills, Birch Mountains, Pelican Within the scope of this report, coal Mountains-Calling Lake, and Cold There was litt le activity in 2006 for dominates mining in Alberta. From Lake.604 Ashton Mining of Canada, precious metals, but there was a the earliest discoveries of a century their partners Pure Gold Minerals, mini-staking rush in northwestern ago, through the decades of mining and the Alberta Energy Company Alberta near Zama Lake for base and dozens of ghost towns, mining have an 11-million hectare block metals. 10% of the permits issued in Alberta means mining coal. When under permit in the Buff alo Head were for other metals. the gold rush of the 1800’s spilled Hills, and New Claymore Resources over the B.C. border into Alberta, has signifi cant mineral holdings in Mineral Tenure in Alberta what they found was coal.602 the area surrounding the Ashton Alberta is unique in Canada in discovery. terms of rules for mineral tenure. Over 1800 mines are known to have The other provinces and territo- operated in Alberta, and the major- In 1997, there were 4,135 permit ries operate on a free entry system ity of them mined coal. Alberta’s applications fi led with the wherein mineral properties are coal fi rst supplied domestic heat- Department of Energy for an area staked on a fi rst-come/fi rst-served ing needs, but mining towns soon totalling over 37 million hectares. basis, establishing tenure without developed to supply coal to the This brought the total lands under any review of the application to Canadian Pacifi c Railway, at the permit or application at that time to stake by the Crown. In Alberta, the Crowsnest Pass in the south and over 45 million hectares, or almost system requires approval from gov- the Coal Branch in the northwest. 90% of available crown land.605 ernment before any tenure or claim South of Hinton, a number of mines Exploration peaked the following to the property can be established and towns developed to supply coal year, with a total investment in 1998 or mineral exploration take place. to the Grand Trunk and Canadian of $27.5 million. However, it was National Railways. in rapid freefall for the next three There are a number of steps in the years, dropping by 50% in 1999 and Alberta process. First, an explora- Mining Today sinking to under $8 million per year tion license must be obtained in There are 11 coal and oil sands for each of 2000 and 2001.606 order to apply for or carry out any mines, with the majority of them exploration program. An explora- in the Boreal region. There is one There has been an upturn in the tion permit is required in order to metal refi nery/smelter in Fort last few years. As of December 2006 use any exploration equipment, Saskatchewan, producing nickel there were 1,275 mineral permits such as a drilling rig. The explora- and cobalt.603 in good standing, encompass- tion licenses and permits cost $50 ing 9.6 million hectares of land. each, and are valid for as long as Coal and oil sands mining contrib- Exploration expenditures totalled the company is operating in the utes approximately 3.1%, or $3.3 $6.5 million.607 province. If an exploration project

6.0 Across Canada’s Boreal 125 is to involve environmental dis- turbance – drilling, trenching, bulk sampling or cutt ing of grids that involves more than limbing trees and removing underbrush – a project approval must be obtained from the Land and Forest Service of Alberta Environment. The licensee does not have to hold mineral rights for an area before an approval is sought or obtained. Approval usu- The Cheviot Coal Mine ally takes about ten working days. Each application has a fee of $100, In March 1996, Cardinal River Coals Ltd. (CRC) announced plans to and each project must have its own develop a large open-pit mine coal mine in the foothills of the Rocky approval. The initial term of the Mountains, south of Hinton, Alberta. The proposed mine area was located permit is ten years, comprising fi ve less than 3 kilometres from Jasper National Park, a United Nations World assessment periods of two years Heritage Site, covering an area 23 kilometres by 3.5 kilometres. The each. project required approval under both federal and provincial law prior to the construction, operation and decommissioning of the open-pit mine. To maintain the permit, assess- A Joint Alberta Energy and Utilities Board and Canadian Environmental ment work must be done, at a Assessment Agency Review Panel was established to conduct the value of $5 per hectare for the fi rst review and hearing. two-year period, $10 per hectare for the second and third, and $15 Despite serious shortcomings in the assessment process, the Panel per hectare for the fourth and fi ft h recommended that the project be allowed to proceed. On October 2nd, two-year periods. At the end of 1997, the Federal Government approved the Joint Panel’s report on each of those assessment periods, the Cheviot Project, despite a number of serious defi ciencies. Crucial a report on the assessment work baseline information had not been provided, and a cumulative effects must be completed and fi led with assessment had not been done. The consideration of alternatives to the the Department. The report is kept open pit mining had been inadequate, and there had been no analysis confi dential for one year, and then of the public need for the Cheviot project. The project failed to meet placed in an open fi le. with Fisheries Act and National Parks Act obligations. The participation of the Smallboy Cree’s participation in the hearing had been unfairly If a permit holder has met the terms limited. and conditions of the permit (i.e. conducted the necessary assess- The Alberta Wilderness Society and others took government to court ment work and fi led the required over the inadequacy of the Environmental Assessment. The court work reports), they may apply for ordered that the hearing be reconvened to consider cumulative impacts a Metallic and Industrial Minerals and other information it had previously failed to consider. Lease. For a $500 initial fee and an annual rental fee of $3.50 per Source: Canadian Environmental Network E.A. Case Studies, January hectare, the leaseholder is given 2000 exclusive right to exploit the min- erals within the specifi ed location. Leases are valid for 15 years, and can be renewed if the property is in production or has an approved development plan.608

Production Currently, there are 7 coal mines operating in the boreal forest region of Alberta, using a variety of mining methods, including open

126 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest pit, drag line and strip mining. Five began producing late in 2004, PDF map. The maps are continually are operated by Edmonton-based shortly aft er the Grande Cache Coal updated, and microfi ches of the Luscar Coal Ltd, Canada’s largest mines came on-stream (consisting mine plans for many of the aban- coal producer. Luscar also owns of both an underground and an doned mines are available from the the Gregg River Mine, now under open pit mine). Board.618 closure aft er having produced 31 million tonnes of coal over 17 years. In the case of major projects like the Provincially, 2,100 abandoned mines Luscar Ltd. is controlled by the Cheviot Creek Coal Mine, all phases have been identifi ed and are on fi le Sherritt Coal Partnership, which is of the mine development are ex- with the provincial government. comprised of Sherritt International pected to have an eff ect on ground- Very few of the mines have been Corporation and a subsidiary of water fl ows. Local springs will evaluated for physical or chemical the Ontario Teacher’s Pension Plan be lost due to groundwater draw- stability, and fewer than 1% of all Board.609 Luscar is partnered with down, and surface water patt erns mines have undergone remedial CONSOL Energy Canada Ltd, the will be altered.612 Nutrient loading work. Abandoned mines and mine Canadian face for Consol Energy and associated eutrophication may reclamation in Alberta is regu- Inc of Pitt sburgh, in the develop- impact as far as 100 kilometres lated under the Coal Conservation ment of the Cheviot project.610 downstream.613 Operating mines in Act, with some regulatory over- the area north of the Cheviot proj- sight under environment-related The Coal Valley Mine, 100 kilome- ect have already caused elevated legislation.619 tres south of Edson in the heart of levels of a number of metals, sus- the historic Coal Branch mining pended solids, nitrates and sodium district, is typical of the coal mining in water bodies downstream.614 For methods used in Alberta. The mine example, elevated levels of sele- property includes a series of paral- nium are a problem downstream lel, northwest trending ridges and from the Luscar Coal Mine,615 and narrow valleys. There are three the mine exceeds its limits for sedi- separate and continuous coal ment discharges and for selenium seams, varying in thickness from 2 on a frequently basis.616 to 10 metres. A dragline is used to remove overburden, and a back- Mining’s Legacy hoe digs out and removes the coal, There are no defi nitions related loading it onto a truck, which hauls to abandoned mines included in it to a preparation plant for drying Alberta’s mining or environmental before being shipped out. The mine legislation, and the term “aban- produces one million tonnes of coal doned mine” has never been for- per year. Coal mining has huge mally defi ned in Alberta, though it environmental impacts, particu- has in most jurisdictions. Informally, larly due to the very high level of the term “abandoned mine” is used surface disturbance on site. in the Coal Mine Atlas, and the term “Permitt ed Mine” is used to refer to Off -site impacts can include con- any mine site for which a current tamination of water, as most coal mine permit exists.617 reserves are associated with high degrees of acid generation. Even In any case, there have been more aft er being “reclaimed,” surface than 2000 large-scale coal mines in coal mines oft en create artifi cial, Alberta dating back to 1882. The porous “geological recharge areas” Alberta Energy and Utilities Board where infi ltrating water percolates (EUB) maintains a Coal Mine Atlas through the fi ll and emerges as which provides a listing of all oper- very acid seeps or springs that fl ow ating and abandoned coal mines in even during drought when natural Alberta by operator, location, mine waters dry up.611 number, type of mine and mining method, with each entry in these The open pit mine at Cheviot Creek listings is linked to the appropriate

6.0 Across Canada’s Boreal 127 6.7 British Columbia shipped to the Croft on Smelter on Vancouver Island in 1904. By 1929, Mining’s History the Britannia mines were the larg- British Columbia’s mining history est copper producer in the British dates back to the mid-1800s, with Commonwealth.623 early coal mines on Vancouver Island and placer gold camps of An exceptionally rich lead-zinc ore- the Cariboo and Cassiar areas. The body was discovered in 1893 in the province encompasses the largest East Kootenays, British Columbia. part of the Canadian Cordillera, The Sullivan Mine was in produc- a mountain belt rich in minerals tion until 2001.624 and coal which has made British Columbia a major producer and Mining Today exporter of copper, gold, silver, Following a downturn of several lead, zinc, molybdenum, coal and years, British Columbia has seen a industrial minerals.620 boom in its mining industry since 2004. The province produces 17% The Hudson’s Bay Company of Canada’s minerals and now fi rst started producing coal on ranks second aft er Ontario for both Vancouver Island in the 1840s, and mineral exploration expenditures the discovery of gold along the and mineral production. Fraser River in the 1850s sparked a major gold rush.621 Although total shipments of ore in 2006 were down 4% from 2005 to In 1858, over 20,000 prospectors – 25 million tons, commodity prices many of them moving on from the soared, creating higher potential California gold rush of 1849 – came profi t margins and a welcoming into the region via the Hudson’s Bay environment for exploration. Company stockade of Fort Victoria and then up the Fraser River in The province’s mining industry search of gold. In response to the earned a record-breaking $8.1 bil- frenzied discovery and mining of lion in revenue and a net income of gold and the instant towns that $2.3 billion in 2006.625 Exploration were springing up, the British expenditures have increased radi- Government created the mainland cally, from $29 million in 2001 to colony of British Columbia in 1858. $319 million projected for 2007.626 Gold discoveries continued, with The industry provided 7,345 direct gold found in the Peace River in jobs in 2006 with employees earn- 1861. The Cariboo Wagon Road was ing an average salary and benefi ts constructed to the boomtown of package worth $99,900.627 There are Barkerville, which at its peak was approximately 28,000 jobs related the largest city west of Chicago and to the minerals industry in the north of San Francisco. Completed province. Copper prices rose 83% in 1865, the Cariboo Wagon Road in 2006 and copper was the largest opened up the British Columbia source of revenue for B.C. at $2 bil- Interior. Gold was discovered fur- lion. Coal was the second largest ther north, placing Dawson Creek at $1.98 billion.628 A considerable on the brink of the huge Klondike amount of this activity is in the Gold Rush of 1898.622 boreal region of the province.

A copper discovery on Howe The provincial and federal govern- Sound in 1888 took a decade ments have worked to make mining and a half to develop, with the in BC an appealing investment, fi rst ore from the Britannia Mine through tax breaks, streamlining

128 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest regulations and creating appealing compliance with environmental process nationwide.637 avenues for engaging in the mining standards at mines and improving industry, as with its Mineral Tenure reclamation guidelines. There is no This activity has placed enormous Online staking system. action in the Mining Plan to increase pressure on communities and First or improve reclamation bonding. Nations in BC. As an example in the Sixty per cent of Canadian explora- There is, however, an intent to Northwest mining district alone, 63 tion companies are based in B.C., reduce bonding and permitt ing for advanced exploration projects are raising $3.2 billion in equity capi- small volume mechanized placer underway in 2006.638 A listing of tal.629 Between 2003 and 2006, the activities. these 63 projects by the First Nations government spent over $75 mil- most aff ected is illustrative: lion on mining exploration-related Tax returns from the BC mining infrastructure.630 Flow-through industry to federal, provincial and Taku River Tlingit First Nation shares and tax credits for explora- local governments in 2006 totalled Adanac Molybdenum: Ruby Creek tion, which can reduce the cost $799 million, only about 10% of Tulsequah Chief and Big Bull of a $1000 investment to $383,631 gross revenue. This total included Cash/Troymet: Golden Eagle have been extended, as has the federal and provincial income taxes Property New Mines Allowance in order to (including those of employees), Prize mining: Yellow Jacket and encourage new mine development mineral taxes (royalties), provincial LD gold property, and expansion. sales tax, gasoline and fuel taxes, CZM Capital Corp: Tag property and property taxes.634 Canarc: New Polaris Much of the support for the indus- Saturn Minerals: Maple Leaf try is provided under the province’s It is impossible to compare the Mining Plan announced in January value of taxes paid versus govern- Kaska Dene: 2005, which has four cornerstones: ment subsidies provided to mining Western Keltic: Kutcho Creek • Focus on Communities and companies, since the value of natu- Hard Creek Nickel: Turnagain First Nations, ral capital is overlooked. However, property • Protecting Workers, Protecting a question is being posed by some Carmax Exploration: Eaglehead the Environment, industry watchers as to whether property • Global Competitiveness, and government subsidies are greater Sutcliff e Resources: Beale Lake • Access to Land. than taxes paid. Along with subsi- Property dies such as the use of roads, ports Arcus Devlopment: Williams In the 2004 election year, mining and cheap electricity, mining com- Property, companies donated $1.3 million panies receive a free supply of clean Columbia-Yukon: Storie to the B.C. Liberals. Most of these water and other environmental Cusac: Taurus, Table Mountain donations came in just months benefi ts.635 For example, in the case Fireside Barite quarry before the BC government launched of Northgate Minerals’ proposed its Mining Plan in 2005.632 development of the Kemess North Telegraph Creek Tahltan: Mine, the benefi t to the company of Copper Fox: Schaft Creek There are 57 actions in the Mining using Duncan (Amazay) Lake for Nova Gold: Galore Creek- Plan including: investing in unser- tailings disposal has been estimated Bountiful and West Fork zones viced areas to secure delivery of at $295 million.636 Nova Gold: Copper Canyon energy supply and transportation Nova Gold: More Creek infrastructure, facilitating aff ord- Staking and Exploration Pioneer Metals/Nova Gold: Grace able industry access to ports and More than 600 exploration projects Paget Resources: Mess Creek railways, focused marketing and were underway in B.C. in 2006, with property , Schsft Creek North investment programs, industry 70 of these projects having budgets Firesteel: Copper Creek, training programs for First Nations in excess of $1 million. St. Eugene Mining Corporation: and rural communities, and the Poker property promotion of the industry in According to the Mining Association communities.633 of B.C., 25 major mining projects in Iskut First Nation the province are currently under Fortune Minerals: Klappan The Mining Plan includes “protect- review, amounting to nearly half of Imperial Metals: Red Chris ing the environment” and contains the proposed major mine projects Canadian Gold Hunter : GJ action items including improving in the environmental assessment property

6.0 Across Canada’s Boreal 129 Seabridge Gold: Kerr Sulpherets Silver Standard Resources: Snowfi elds Kenrich Eskay: Corey Property Paget Resources: Ball Creek BC Gold and Kaminak: Voigtberg property Tulsequah Chief Mine Equity Engineering: RDN Skyline Gold: Bronson Slope The Tulsequah Chief mine is located in the Taku River watershed, Newcastle Minerals: Snip North which is an 18,000 square kilometre unroaded area in northwestern Romios Gold: Newmont Lake and BC and the traditional territory of the Taku River Tlingit First Nation Porc 639 (TRTFN.) Spirit Bear Minerals: Iskut River

The Mine was originally operated by Cominco Ltd. from 1937 until 1957, Iskut First Nation struggles to deal when it closed due to low metals prices. It produced gold, silver, copper, with the staking rush lead and zinc. Transportation to and from the mine was via barge down By the end of 2006, Iskut First Nation the Tulsequah and Taku Rivers to Juneau, Alaska. (part of the Tahltan Territory) was struggling to deal with a number of In 1992, Redfern Resources Inc. (now Redcorp Ventures Ltd.) mining and coal bed methane proj- announced its intention to reopen the Tulsequah Chief Mine. Their ects. A proposal for coal bed meth- proposal was extremely controversial for many reasons. The Mine ane exploration by Royal Dutch was not remediated when it closed and is a source of AMD/ML. The Shell has been ferociously opposed lower Taku hosts commercial and recreational fi sheries worth over by the First Nation and environ- 640 $8 million annually. Concern was raised about impacts on the Taku mental groups. The elders have watershed, particularly impacts on fi sheries. In addition, a part of the been resisting mine exploration in proposal included plans to build a 162 km access road to the Mine their traditional territory, which through the pristine unroaded wilderness of the Taku watershed and they call the Sacred Headwaters TRTFN territory. for over two years. In addition to the coal bed methane project, key Redcorp Ventures Ltd. currently has provincial and federal approval mining projects in their territory for the mine and for an access road. In January 2007, it announced a include: major change to its mine plan that would involve a transportation route by river through Alaska instead of by road through BC. The new mine Fortune Minerals: Klappan Mine, a plan proposes a 10 to 12 km haul road along the south side of the proposal for an anthracite coal mine Tulsequah River from the minesite to a landing site at the confl uence of with four separate deposits, a pro- the Tulsequah and Taku Rivers. Concentrate would then be transferred posal for a coal-fi red power plant, to a hover barge and transported to Juneau, and from there to a port a road, and a possible railway con- facility at Skagway for smelting overseas. The company hopes to be in nection. The proposal is in the pre- 641 production by December 2008. liminary stages for Environmental Assessment. The new mine plan involves new risks to the environment. Amendments to provincial and federal approval are required, as is approval by the state Imperial Metals: Red Chris copper- of Alaska. This presents an opportunity for a bi-national environmental gold mine. This enormous (30,000 assessment of the project that has been advocated by Rivers without tonnes per day mine) will be acid Borders, an alliance of 20 conservation organizations in BC, the Yukon generating in perpetuity and will 642 and Alaska. take the headwaters of three creeks for its tailings disposal. The mine has received its BC Certifi cate of Environmental Compliance, and a positive screening level report from the CEAA process, but the federal EA has been challenged and over- turned in court by MiningWatch

130 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Canada. and Faro, which are now closed. area of Acid Mine Drainage. The In the Yukon and NWT portions, lost opportunity costs involved in There were, in addition, 13 major the Wolverine Mine has recently dealing with this mining proposal exploration projects on their ter- been permitt ed, and Howards Pass are probably inestimable. ritory, all of which had Notices is in advanced exploration. The of Work for 2007 which had to be southernmost part of the Kechika To deal with this, the FN has devel- reviewed by the First Nation. They Trough is called the Gataga (geologi- oped a Mining Policy which sets out are listed above. cal) District. The ores in the Gataga the terms on which the community District are “sedimentary exhalative” will talk with companies. The policy Kaska Dene deposits, called sedex deposits for took enormous energy, creativity Kaska Dene Territory straddles short.644 and resources to develop, and it is the Yukon/BC border on the east- now in place. They have only to get ern side, and is perched on top of In addition to these mines, the mining companies to respect it. the southern end of a geological Kaska struggle to stay on top of structure known as the Selwyn and Kutcho Creek, which is now enter- The mine the TRTFN have been Kechika Basins. Mantle Resources ing the EA process, and a number most willing to entertain is the Ruby is pursuing development of the of exploration projects of varying Creek Moybdenum Mine owned by Akie Deposit in the Basin. Teck- merit. Adanc Molybdenum Corporation. Cominco also has a mineral explo- The mine is located in old placer ration property in the Basin, but The Taku River Tlingit First Nation workings, and the company has are not moving it to production at (TRTFN) been respectful in its dealings with this time. The Selwyn and Kechika The TRTFN have been dealing the First Nation. However, Ruby Basins are part of a long stretch of with disturbing mining proposals Creek has yet to fi nd a buyer for its zinc- and lead-rich shales stretch- for years, in an eff ort not only to ore; the deposit is large, but the ore ing from northwest to southeast protect their traditional lifestyles is low-grade; costs of credit, labour from the Yukon/NWT border north and territory, but to fi nd a source of and equipment are going up, and of the Mackenzie Mountains to the capital for development. Like other the worldwide price for molybde- BC/Alberta border (at 54° north FNs in northwestern BC, they have num is held up, not by a shortage of latitude). The Akie deposit lies on had an onslaught of junior compa- moly, but by a manufactured short- the eastern side of the Tintaya Fault nies (listed above). age of roaster capacity. line. Historically, the TRTFN have been Mineral tenure in B.C. The origins of the deposit are engaged for over ten years now, in A major change to the BC mining believed to have been formed by the a struggle to deal with Redcorp (or system since 2001 was the introduc- spewing out of hot, metal-bearing Redfern as its subsidiary is known), tion of an online staking system brines along fi ssures in an ancient and its proposal for the Tulsequah in January 2005. The Mineral seafl oor, which then deposited Chief Mine. The mine would be a Tenures Online (MTO) or map- minerals on the surface, primarily poly-metallic mine on the shores staking system, now only requires sphalerite and galena. The fl ow of of the Taku River, with a very short a Freeminer Certifi cate, an internet these ancient brines and metals, and life. The ore is acid-generating. For connection and a credit card in subsequent buckling of the earth’s years, the major sticking point had order to stake a mineral claim in crust, means that the deposits are been the company’s perceived need BC. In one week the site received layered and oft en accumulated in for a 160 km road punched through more than 2.56 million hits.645 As of small sub-basins, hemmed in by the heart of TRTFN traditional ter- September 30, 2005, 13,800 claims “bounding faults.” The potential in ritory. Now the company is propos- had been acquired online, a 160% the Basin is signifi cant, with depos- ing hovercraft to barge the ore out increase over the previous year.646 its typically contain 15-50 million on the river. tonnes of ore grading 6-15% zinc, The system is widely acclaimed by 2-4% lead, 734 grams/tonne silver. The FN had to go to the Supreme industry, but there is debate over Copper and gold are not present.643 Court to get a proper Environmental the system’s infringement upon Assessment for the mine; they have Aboriginal rights and title interest The Selwyn and Kechika Basin has had to be engaged in endless pro- and the government’s requirement already been home to two enor- cesses around EA, permitt ing and to consult with First Nations. Now mous Yukon zinc mines: Sullivan monitoring the old mine on the it is incredibly easy to stake a claim

6.0 Across Canada’s Boreal 131 with a computer before any con- Miscellaneous Statutes Amendments sultation or ground-truthing has Act, increased access.650 On private occurred. This creates yet another land, even the landowner’s dwell- party’s interest on the land in ing and buildings are now at risk. areas where most treaties remain On public land, a land use designa- unsett led. tion or objective does not prevent a mineral claim holder from applying British Columbia is the province for permits for exploration/mining, with the most unceded Aboriginal with the only exceptions being lands. As a result, Aboriginal gov- parks, ecological reserves, protected ernments and communities are heritage property or areas that spe- more able to assert their rights than cifi cally prohibit mining under the in provinces with older treaties. Environment and Land Use Act. In the fi rst ten years aft er a recreation Chief Leonard Thomas of the area is designated under the Parks Nak’azdli Band expressed frustra- Act, staked mineral claims may tion about the area of traditional not be expropriated, and if a major territory under claim following the deposit appears, park plans may be launch of the system. The Band is shelved.651 in the throes of dealing with a pro- posal from Terrane Minerals for the With the apparent success of Mineral Mt. Milligan open pit gold mine. Tenure Online staking system, the One claim alone was 1200 square province is now developing an kilometres in size, located near online mine permitt ing process.652 the Nation Lakes, just north of the It continues to support the indus- Band’s village near Fort St. James. try by providing exemptions from The Chief stated: “The govern- permits and pollution laws,653 and ment ought to know by now that streamlining regulations. A news they are creating an undue strain release by the Ministry of Energy on our band’s time and resources and Mines in 2005 stated that it had by constantly forcing us to monitor eliminated more than 300 regulatory our territory against their infringe- requirements.654 Another release ments. This takes valuable energy in 2007 claimed the Ministry had away from our other priorities.”647 “streamlined regulations, reducing Some First Nations have stated that duplication by over 30 percent.”655 the online system of mineral claims violates the principles set out in In February 2007 the provincial the Haida/Taku decision from the government introduced yet another Supreme Court of Canada. subsidy for the mineral explora- tion industry. On February 20th the While the Mining Association of government introduced legislation B.C. claims that the wealth gener- to provide an “enhanced refund- ated from mining aff ects less than able provincial tax credit” of 30% 0.05% of the B.C. land base,648 over for qualifi ed mineral exploration 85% of the province is open to min- undertaken in prescribed Pine eral exploration.649 Beetle aff ected areas.656

In BC there a two-zone system for Production mineral access: protected areas, British Columbia has 17 operating which are not open to mineral metal and coal mines, and seven of development, and the mineral zone, these mines are in or on the periph- essentially the other 86% of the ery of the Boreal ecozone. province. Changes made in 2002 to the Mineral Tenure Act in Bill 54, the There are three metal mines

132 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Proposed Kemess North Mine

In September 2007, the Kemess North copper-gold mine, located 400 km northwest of Prince George and north of the Kemess South mine, was found by a Joint Panel Review Environmental Assessment to “not be in the public interest.” This was the fi rst mine in Canadian history to be turned down by a federal/provincial EA.

The mine had an estimated mine life of less than 14 years.657

Northgate Minerals proposed building a 90 m high dam to fl ood an alpine valley and use Duncan Lake, known as Amazay Lake to First Nations, for a tailings impoundment. The lake is shared by four First Nations and is sacred to them.

First Nations have been frustrated that only one option that was seriously being reviewed – the use of Duncan Lake for a tailings impoundment. Moreover, the environmental assessment hearing began before they had received a funding agreement and separate consultation.658

Grand Chief Pierre of the Tse Keh Nay explained: “Our people don’t believe it is possible to keep all that poison contained in a dam at the top of the watershed. The company will make their millions and leave and we’ll be left wondering when the dam will fail and poison the rest of our water.”659

The Environmental Impact Assessment for the mine predicted loss of grizzly, caribou, moose and wolverine habitat, reducing moderate to high quality habitat in the region by 17.6%, loss of critical fi sheries habitat with inadequate compensation for Duncan Lake productive capacity, and loss of plant communities.

Despite the area’s signifi cance to First Nations and the project’s predicted environmental effects, there was no traditional ecological knowledge informing the Environmental Impact Assessment (EIA).660 First Nations also criticized the archaeology and fi sh studies conducted by the proponent.661

The summary of the Joint Panel Report said: “In order to weigh the Project development pros and cons in the context of public values and policy expectations, the Panel chose to adopt what it considered to be an appropriate sustainability assessment framework. In developing this framework, the Panel consulted recent mining sector sustainability initiatives, as well as the B.C. government’s 2005 Mining Plan. The framework was used to determine whether or not the Project is in the public interest.

“The Panel has considered the Project from fi ve sustainability perspectives: Environmental Stewardship; Economic Benefi ts and Costs; Social and Cultural Benefi ts and Costs; Fairness in the Distribution of Benefi ts and Costs; and Present versus Future Generations.

The Panel notes that the Project’s benefi ts accrue for only a relatively short period (two years of construction and 11 years of mining production). This period could be reduced if the Project, which is not economically robust, were to close prematurely.

Key adverse effects include the loss of a natural lake with important spiritual values for Aboriginal people, and the creation of a long-term legacy of environmental management obligations at the minesite to protect downstream water quality and public safety. These obligations may continue for several thousand years, and include ongoing treatment of poor quality water from the open pit (the “North Pit”), and regular monitoring and maintenance of the waste disposal impoundment (the “Duncan Impoundment”) and its three dams, to preserve the desired water balance and water chemistry in the Impoundment and to ensure the health of its aquatic ecosystem.

The Panel also notes that it may be diffi cult for Aboriginal people to increase their share of Project benefi ts, although as the region’s primary residents and users, they would experience fi rst-hand any impacts on traditionally used resources.” 662 6.0 Across Canada’s Boreal 133 currently operating in or surround- of the Tahltan Central Council, ing the Boreal ecozone: Eskay on whose territory it is located. Creek (gold and silver), Kemess However, in early December 2007, South (gold and copper) and Table the project was shelved, when capi- Mountain (gold). In addition, as tal costs for construction ballooned of 2006, there are eight proposed from $2 billion to $5 billion.665 metal mines and 18 advanced metals exploration projects in this B.C. is the world’s second largest region.663 metallurgical coal exporter and has one third of Canada’s coal reserves. Kemess South will close by 2010. Four new coal mines have opened Cusac Gold Mines Ltd.’s Table in the northeast since 2001 and are Mountain Mine re-started in currently operating: Dillon, Trend, December 2006, when gold prices Willow Creek and Wolverine. went up. The mine is an under- There are also fi ve proposed coal ground gold mining operation mines and fi ve coal projects in the located on the Cassiar-Stewart stages of advanced exploration in Highway (Provincial Highway the boreal region.666 A Provincial 37). In 1992, Cusac purchased the Coal Coordinator was appointed in mill, mine infrastructure and a 2005 to work with First Nations and large land package from Energold. industry to facilitate the develop- Cusac restarted gold production ment of new coal projects.667 between 1993 and 1997, but the mine ceased producing when gold Several of the new coal projects are prices dropped. There are 3-4 four being developed under the mantle potential ore bodies still to exploit. “Peace River Coal” - a 20:20:60 partnership between Hillsborough Barrick Gold’s Eskay Creek is Resources Limited, NEMI Northern scheduled to close in 2009. The mine Energy and Mining Inc. and Anglo has provided signifi cant employ- Coal Canada Inc., which is a ment and contracts for the Tahltan wholly owned subsidiary of Anglo people, and its closure has driven American plc.668 interest in other mining projects like the Galore Creek project. Eskay Peace River Coal has been issued Creek is located in the headwaters a full mine permit for the Trend of the Unuk River. The mine has Mine, allowing it to increase Trend’s been disposing of its tailings and rate of production to 2 million waste rock into Tom McKay and tonnes of product per annum.669 Albino Lake, and there are serious The plant is now fully operational, concerns about leaching of anti- with throughput approaching the mony, arsenic and mercury into the planned plant-feed capacity of 270 Unuk ecosystem.. tonnes/hour.670

In July, 2007, the Galore Creek In future years the Trend Mine copper-gold mine was issued a operations will be extended to Mines Act permit. It is the fi rst new encompass the Roman Project metal mine in B.C. in over a decade. deposits and operations. The Located in the northwest of B.C., Roman Environmental Assessment 150 km northwest of Stewart in the will be submitt ed in 2008 and the lower Stikine watershed, the mine company thinks that development will cost $2 billion to construct and of the mine will take place in 2009. will involve the construction of a The Roman Project will be a 5-km, 4.5 km tunnel to access the Galore linear open pit and it will be mined Valley.664 The mine has the support in stages. Backfi ll will be put into

134 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest the Trend mine, and its bulk explo- by up to 20% bio-mass from local from hand panning for gold, testing sives facility, mine offi ce, dry and forestry waste.675 As of March, for the presence of placer minerals maintenance facility will be used. 2007, the company was seeking in a manner specifi ed in the regu- There will also be soil stockpiles, a regulatory and permit approvals lations, or from mining produc- process plant, water management for the power-generation facility tion that does not use mercury or structures, a permitt ed haul road to and the Wapiti thermal coal mine, chemicals, or if the mine is located the load out and a 25-km power line aiming for construction of the gen- on certain listed creeks.678 extension from the Trend Mine.671 eration facility to begin in late 2007. Primary mine development would Water is regulated by the BC Another Peace River Coal project, begin one year before the opening Ministry of the Environment accord- the Horizon Project, expects to of the power-generation facility, ing to Water Quality Guidelines submit an environmental assess- scheduled for 2010.676 and Water Quality Objectives. Most ment in late 2008 with develop- mines in BC are granted site-specifi c ment projected to begin in 2010.672 If approved, the operation would water quality objectives, as they are The Horizon Project, which is 2/3 be British Columbia’s fi rst coal- usually unable to meet the guide- underground mining(with several burning electricity generation lines for some chemicals. They also open pits), will need upgraded plant. However, the company depend on mixing zones to dilute road access and mine haul roads views as “a signifi cant setback” effl uents before they are measured. as well as a permitt ed (21km) haul a recent announcement by the road to the load out. There will be British Columbia government that Mining’s Legacy topsoil and waste storage areas, a the province is to become the fi rst Under the British Columbia wash plant, tailings impoundment, jurisdiction in the world to require Environmental Management Act, a a coal-handling facility and water 100% carbon sequestration for any Director (through his staff in the management structures.673 coal-fi red electricity project.677 Department) may determine that a historic mine or contaminated Outside the Peace River Coal part- Environmental regulation site is an orphan site or a high risk nership, there are plans for the Potentially the most forceful orphan site. The minister can then development of not only a thermal environmental statute in British declare that it is necessary “for the coal mine but a coal-burning ther- Columbia is the Waste Management protection of human health or the mal generating plant as well. The Act (WMA). It contains provisions environment” that the government thermal Wapiti deposit is being for the issuance of permits and undertake remediation of the site. developed under a partnership orders, as well as for managing spe- between Hillsborough Resources cial waste and controlling spills of There are various means under the Ltd. and US-based AES Corp, called polluting substances. It also enables Act to att empt to recover reme- AESWapiti Energy Corp.674 the prosecution of off ences commit- diation costs, including recovering ted under the statute or regulations. costs from “responsible persons” In September 2006 AESWapiti The WMA establishes a tribunal to and registering a lien against Energy Corporation signed a power hear appeals from ministry deci- the property for the costs of the purchase agreement with BC Hydro sions on permits and approvals. remediation. However, a previous Corporation for the AESWapiti 184 owner or operator of a past produc- MW power generation project. However, limitations in the WMA ing mine site is not responsible for The agreement has a term of thirty can lead to enforcement problems. remediation if their transfer agree- years beginning in 2010. The proj- The Act specifi cally designates ment excluded the owner or opera- ect includes a coal- and biomass- categories of mining and metal tor from liability or if they have powered plant and a 35-kilometre smelting industries that are subject obtained indemnifi cation under the 230Kv power transmission line, to the contaminated sites require- Financial Administration Act. Under and the development and opera- ments, but the regulations exempt Section 69 of the Act, a person is tion of a thermal coal mine by coal, metal and placer mines that also exempted from liability if their Hillsborough Resources Limited. produce less than 10,000 tonnes of exploration activities do not “exac- The power plant will be located ore annually, or any site that was erbate existing contamination” at at Hillsborough’s Wapiti thermal remediated prior to April 1997. the site.679 coal property near Tumbler Ridge, where it will be fueled by thermal Placer mining operations are exempt British Columbia has been develop- coal from the Wapiti property and from the WMA, if discharges are ing their data base of closed and

6.0 Across Canada’s Boreal 135 abandoned mines – which they refer to as “historic mines” over many years. In 1992 there was a survey of closed and abandoned mines with acid mine drainage. In 2001 a database of historic mines was published. At that time, MINFILE data base identifi ed 247 aban- doned metal mines large enough to produce more than 10,000 tonnes each.680

In 2002, conservative estimates by the Ministry of Energy and Mines set unfunded liability at operating mines at $85 million, and the cost of clean-up at abandoned mines at $190 million.681

A 125-page report released by the Ministry of Energy and Mines Mining Division in February 2003 confi rms that there are 1,887 “his- toric” mines in BC. The report focuses on the 1171 mines that have environmental concerns and that present public health and safety issues. Approximately 3% of the sites were named as having the greatest potential environmental impact. These included the Midway, Lenoram Bralorne-Takla, Ymir, Second Relief and Sultana sites. The report recommended those sites be studied in greater detail, and that potential problems be addressed through a watershed-by-watershed approach to fully know the impact on a drainage system.682

Ten contaminated sites were iden- tifi ed in 2006 for immediate action because of the risk they posed to human health and the environment. All ten were mine sites. These sites included the Britannia mine and the mine tailings at the Yankee Girl mine in the West Kootenays.

136 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest 6.8 Nunavut 16% of Nunavut, where Inuit hold prospecting permit before they can surface title only, termed “surface enter on any lands in Nunavut to Introduction IOL,” where the Crown (in right of prospect. The claims are still staked Approximately 5% of Nunavut is Canada) retains the mineral rights. under the Territorial Lands Act, within the boreal region, and only Canadian Mining Regulations. This one of the Territory’s closed mines Surface title to all IOL is held in is a fi rst-past-the-post free entry is found in the boreal. The Cullaton each of the three Nunavut regions system, and unless lands have been Lake/Shear Lake property included by the appropriate Regional Inuit specifi cally withdrawn from stak- two close-by gold deposits which Associations (RIAs). Inuit subsur- ing (such as surface IOL or dedi- produced ferrous-based ore. face title is held and administered by cated national parks) they are open Opened in 1981, these sites yielded Nunavut Tunngavik Incorporated for staking. 77,783 ounces of gold from 251,000 (NTI). NTI issues rights to explore tonnes of ore extracted up to 1985. and mine through its own mineral This has created considerable ten- Nunavut has hosted many other tenure regime. Mineral rights (min- sion, as Nunavut is still developing mines over the past decades. The eral claims or leases) that existed a territorial land-use plan to protect Nanisivik zinc-silver mine in north- at the time of the signing of the signifi cant wildlife and marine western Baffi n Island closed in 2002, Northern Land Claims Agreement habitat. Many of the areas being as did the Polaris zinc-lead mine. – known as grandfathered rights considered for protection have Located on Litt le Cornwallis Island, – continue to be administered been recently staked by prospec- Polaris was the world’s most north- by Indian and Northern Aff airs tors, who may only be interested in ern base-metal mine, operating Canada until they terminate or the gett ing compensation if the area of from 1980-2002. Both the Nanisivik holder transfers its interests to the the claim is needed for a park. On and the Polaris mines were impor- NTI regime.684 the large sections of IOL, Nunavut tant zinc producers for Canada and can set the rules and regulations the only zinc mines north of the The Crown owns mineral rights regarding development, such as 60th parallel.683 North Rankin nickel to 98% of Nunavut. Indian and whether or not to allow uranium mine at Rankin Inlet operated only Northern Aff airs Canada adminis- mining and exploration. briefl y. The Bent Horn mine 325 km ters these rights through the Canada northwest of Resolute, produced Mining Regulations (CMR), includ- Mining Today oil. ing lands where the surface rights In 1999, the Government of are att ached to Inuit Owned Land. Nunavut stated its commitment The Lupin Mine, 275 km southwest In February 2006, 161 prospecting to preparing an economic strategy of Bathurst Inlet, provided an ore permits were issued, constituting for the Territory. In June, 2003, The rich in gold and uranium. This over 6.4 million hectares of land. Nunavut Economic Development plant, which opened in October Altogether over 32.8 million hect- Strategy was released, identify- 1982 and provided work for over ares of Nunavut are covered by ing the need for economic growth 500 employees at one time, shut prospecting permits, mineral leases to advance the quality of life for down in January 1998. However, and mineral claims. the Territory’s people, and further recent studies could indicate a prof- identifi ed mining as an important itable reuse of the mill for the bulk The Nunavut Land Claims Agreement part of any growth strategy. processing of samples from a kim- created fi ve land and resource berlite chimney (diamonds) found management institutions to issue In March 2007, the Government on the site. permits and oversee development: of Nunavut released Parnautit: the • Nunavut Surface Rights Nunavut Mineral Exploration and The 1992 Northern Land Claims Tribunal (NSRT) Mining Strategy. Agreement gave Inuit fee simple • Nunavut Planning Commission title to 356,000 km2 of land. There are (NPC) Nunavut is in the process of devel- 150 parcels of land where Inuit hold • Nunavut Impact Review Board oping its own Mining Act and set- fee simple title including mineral (NIRB) ting up the infrastructure to handle rights - “subsurface Inuit-Owned- • Nunavut Water Board (NWB) the devolution of the Territorial Lands,” or IOL - totalling 38,000 • Nunavut Wildlife Management Lands Act. km2 and representing approxi- Board (NWMB) mately 2% of the territory. There are Nunavut’s mine reclamation another 944 parcels representing Prospectors are required to get a policy applies only to new and

6.0 Across Canada’s Boreal 137 Production The Parnautit Strategy set out existing mines with clearly identi- four pillars for action: fi ed owner/operators, and does not The Jericho Diamond Mine is apply to prospecting, exploration Nunavut’s fi rst diamond mine, and Pillar 1 – Jurisdictional or advanced exploration projects. is the only operating mine in the ter- Framework All new mines must include a clo- ritory. Commercial production was We must put a solid foundation sure plan and reclamation plan, achieved eff ective July 1st, 2006, of sound legislation, regulations, and fi nancial securities must cover but the mine has been marginal and policies in place to facilitate the estimated cost of having a third fi nancially. It is situated north of the the development of a mining party carry out the reclamation Boreal region in Nunavut. However, activities at any time during the aft er a year of fi nancial struggles, industry that will achieve our 685 vision. mine’s operation. the mine suspended operations at the end of January 2008, and is Staking and Exploration 687 Pillar 2 – Community Benefi ts under bankruptcy protection. We need to fi nd the strategies Exploration and deposit appraisal expenditures throughout Nunavut Mining’s Legacy and initiatives that will build on our 686 strengths and allow our people totalled $199.7 million in 2006, A 2000 report summarizing aban- and communities to become full with an estimated 15% of the explo- doned mines in Canada identifi ed participants with a true sense ration activity taking place in the Nunavut as having three aban- of ownership in our minerals boreal region of Kivalliq. Almost doned mines, two of which had economy. half of the exploration and deposit problems with either physical or appraisal expenditures were spent chemical stability.688 Pillar 3 – Infrastructure in the search for precious metals, Development and approximately 20% in the We must take advantage of search for diamonds. Outside the opportunities to improve and Boreal, the Hope Bay deposit has build our infrastructure so that seen enormous interest, with the developments in one sector of our Doris North project in the fi nal economy provide broad benefi ts stages of permitt ing. throughout other economic sectors. There were eight exploration proj- ects in the boreal area of the Kivalliq Pillar 4 – Environmental region under way in 2006: Stewardship • Uranium North’s Kazan ura- At all times we must recognize nium project the importance of protecting our • Ur-Energy Bugs uranium environment and ensuring that project the environmental effects of • Stornoway’s Hyde Diamond mining are always minimized and project that the industry earns respect • BHP’s Keewatin zinc-copper- and acknowledgement as being gold project a guardian of a clean and healthy • Pacifi c Ridge’s Matrix Gold environment. project • Cameco’s Nueltin Lake uranium project • Kaminak’s Sy gold project, and • BHP Billiton’s Target 87 Nickel- Copper project

Exploration for uranium increased signifi cantly in 2006. The majority of the new land acquisitions within Nunavut in 2006 targeted uranium mineralization in the Kivalliq region.

138 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest NTI reverses itself on uranium mining of Inuit-owned lands by Chris Windeyer, Nunatsiaq News, September 28, 2007

If the debate over mining uranium in the Kivalliq was ever dormant, it’s not any more.

Nunavut Tunngavik Incorporated reversed this month its longstanding opposition to uranium mining on Inuit- owned lands. The decision thrills miners but worries opponents who say digging up the radioactive mineral, used as fuel for nuclear power plants, is bad for the environment.

But James Eetoolook, NTI’s fi rst vice president, says the new policy doesn’t mean there’s going to be a rush on the valuable radioactive mineral.

“A lot of people think the policy will automatically support uranium mining. It’s not,” Eetoolook said. “The policy will guide us [in] how we should tackle the people’s concerns and tackle the idea of mining uranium in Nunavut.”

The policy sets out what amount to fi ve main conditions for uranium mining projects: • Support environmentally responsible and peaceful use of nuclear energy; • Require “signifi cant economic benefi ts” for Inuit from uranium exploration and mining; • Ensure uranium mining is done in a way that protects the health of workers and the public; • Limits the effects of uranium exploration and mining on people, the environment and wildlife; and’ • Promotes Inuit participation in the environmental assessment and operation of uranium mines. • Projects that don’t meet these guidelines won’t go ahead, Eetoolook said.

But it also reverses a long-standing formal opposition to uranium mining within Nunavut, which has its roots in the 1990 uproar over the proposed Kiggavik mine near Baker Lake. That project died in 1997 thanks to low market prices for uranium.

But prices rebounded, then skyrocketed.

Since 2003, uranium prices have shot from around US$10 per pound to more than US$130 in May of this year. While prices have since settled back to around US$85 per pound, they’re still high enough to justify new exploration and mining projects.

Joan Scottie, a veteran activist with the Baker Lake Concerned Citizens Committee which has opposed the Kiggavik mine since 1990, said NTI’s consultations on the policy, held last spring, glossed over her group’s concern about the project.

“They have a lot of those one-night stands, three-hour consultation things and they write them down as a big consultation in their reports [but] many people don’t get a chance to participate,” she said.

Scottie is worried about the impact of millions of tonnes of radioactive tailings on water quality and the traditional food chain. She’s also worried that Nunavut’s elected offi cials have already made up their minds that uranium mining is going to go ahead.

The approval of one mine could lead to the “unstoppable opening of an entire region” to mining, she said. “It’ll become politically impossible to prohibit others. We were concerned we would completely lose control of our future.”

Kiggavik’s owner, on the other hand, is pleased with the news.

(continued on next page) 6.0 Across Canada’s Boreal 139 “We’re happy that NTI has fi nalized its policy. We’ve been watching it for the past couple of years,” said Barry McCallum, Areva Resources’ director of Nunavut Affairs. “It was required before mining could take place on Inuit owned land, and part of our [Kiggavik] deposit is on Inuit- owned land.”

Areva, a subsidiary of a giant multinational company owned by the French government, is one of those who stand to benefi t from renewed interest in nuclear power: the parent company owns not only mining projects, but nuclear plants and power transmission lines as well, the Report on Business says. Areva owns two active uranium mines, and one decommissioned mine in northern Saskatchewan.

McCallum is also quick to point out that the open-air disposal of radioactive tailings – the rock that’s left over once the uranium is taken out – is illegal in Canada. Tailings from the open pit mine would go back where they came from and never be exposed to the air, he said.

“A project that would harm the environment would not be proposed by our company, and if it was, it would not get through the environmental assessment process,” he said.

Further complicating matters is the need for well-paying jobs in communities like Baker Lake. William Noah, Areva’s community liaison offi cer, said the company hopes to double employment at Kiggavik next year to 50 jobs. For those 25 new jobs, Areva has 180 resumes to choose from, Noah said. © Northwatch

140 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest 6.9 Northwest Territories Second World War, mineral explo- by weight and 11% by value. ration and the military were play- Mining’s History ing a major role in northern “devel- The CanTung tungsten mine pro- At one time, the Northwest opment.” Canada’s fi rst radium duced 700 tonnes of tungsten in 2005 Territories included all of Alberta, mine – later the fi rst uranium mine for a total value of $21.3 million.696 Saskatchewan, the Yukon and in the world – came into production most of Manitoba, Ontario and at Port Radium on Great Bear Lake, The Governments of Canada and of Québec. The Yukon was carved off in 1933.690 the Northwest Territories provide in 1898; in 1905, both Alberta and both direct and indirect fi nancial Saskatchewan were created from Exploration for uranium increased support for the mining industry. In the Territories; in 1912, the prov- in 1942, in response to a demand addition to ongoing technical sup- inces of Manitoba, Ontario and for “defence” purposes. The Port port, public funding for training Québec were enlarged; and in 1999, Radium mine of Eldorado Gold courses and “grubstake” funding Nunavut was established, reducing Mines Limited was reopened in for prospectors, the NWT funds the NWT by an additional two- 1942.691 In 1944, the federal gov- a number of specifi c initiatives to thirds. ernment took over the Eldorado support segments of the industry. company and formed a new Crown Still an extremely large and diverse corporation which later became For example, the 1999 budget territory, the NWT includes Eldorado Nuclear Ltd. Uranium included $1.4 million in “new expanses of boreal forest in its exploration was restricted to the funding” from the federal govern- south-central range, and much joint eff orts of Eldorado and the ment to the NWT Department of larger expanses of northern tundra Geological Survey of Canada.692 Resources, Wildlife and Economic in its eastern and more northern Development, to promote the estab- regions.689 Generally speaking, the Port Radium produced the uranium lishment of a diamond value-added Territories’ metal mines are located that fed the Manhatt an Project, and, industry in the NWT. The budget in the boreal region, while diamond eventually, material for the atomic also included $265,000 for Aurora exploration and developments are bomb dropped on Hiroshima at College to sponsor diamond indus- more predominant in the Arctic the end of the Second World War.693 try pre-employment training, and tundra. A smaller private uranium mine $133,000 in direct support to Sirius operated at Contact Lake, near Port Diamonds to assist them in provid- In the 1930’s and 1940’s, the Great Radium, in the early 1940’s,694 and ing on-the-job training to northern- Slave Lake region at Yellowknife in 1957 the Rayrock uranium mine ers to work in their newly-estab- and in the Great Bear Lake region opened near Yellowknife. Unlike lished diamond cutt ing and pro- exploded with mineral exploration its predecessor at Port Radium, cessing facility in Yellowknife.697 and small mining and exploration Rayrock was a private uranium camps. There was a sense that the enterprise.695 “Golden Age” had dawned, with “This signals Canada’s new mines opening in rapid suc- Mining Today commitment to sharing the cost cession, and Yellowknife a bustling The total value of metal and of preparing the NWT for the oil, cluster of tents, shacks and cabins diamond shipments from the gas and mining development that hugging the north shore of Great Northwest Territories decreased to is in our mutual best interest.” Slave Lake. In the decades to come, $1.705 billion in 2005 from $2.105 Premier Stephen Kafkwi, the mining industry was to pro- billion in 2004. The decrease is pri- November 14, 2000. vide the Northwest Territories, and marily due to lower diamond pro- Canada, with many “fi rsts,” and duction and lower diamond value many mines would come and go from the Ekati mine. Diamond Infrastructure is one of the main such as the Camlaren (1937-39), the shipments accounted for 98.7% of areas of subsidy provided to the Discovery (1950-69), and the Tundra the total value of metal and non- mineral industry in the NWT, and (1964-68). Major Yellowknife gold metal production in the Northwest a cornerstone of the Territories’ mines included the Con mine Territories in 2005. During the same Non-Renewable Resource Strategy. (1938-2005) and the infamous Giant year, the Northwest Territories Funding in recent years has mine (1948-99). accounted for 100% of Canadian included $10 million in the 1999 diamond production, and for 8% of budget for the upgrading of 17 Leading up to and during the the world total diamond production kilometres of Highway 3 between

6.0 Across Canada’s Boreal 141 Rae and Yellowknife to assist with in 2003. Several other negotiations the huge winter fuel resupply to the are taking place covering the terri- diamond mines.698 tory of the Dehcho Dene and Metis, the NWT Metis Nation and some In November 2000, the federal smaller specifi c claims and self- government announced $3.77 mil- government arrangements. lion, matched by $2 million for the Territorial government, for the con- In December 1998, the federal struction of permanent river cross- government passed the Mackenzie ings along the Mackenzie Highway Valley Resource Management Act winter extension, to prolong the (MVRMA), which created an inte- shipping season from 5 to 8 weeks. grated co-management structure The NWT views this as important for public and private lands and encouragement to the resource waters throughout the Mackenzie extraction industries, largely the oil Valley to fulfi ll constitutionally- and gas sectors.699 entrenched commitments in the Dene and Metis land claims agree- Diamond exploration and new ments mentioned above. The Act diamond mines have thoroughly provides for land use planning, captured the economic imagina- environmental assessment, land tion of both business and govern- and water regulation, cumulative ment in the Northwest Territories. impacts monitoring and environ- City administrators in Yellowknife mental audit. Part IV, proclaimed estimate that half of the 550 people on March 31, 2000, covers land and employed in BHP’s Ekati Diamond water management, establishing Mine – 300 kilometres northwest of the Mackenzie Valley Land and Yellowknife – have chosen to live in Water Board. Yellowknife.700 Diamond mining now accounts for about half of the The Mackenzie Valley, as defi ned in Gross Domestic Product of the the Act, includes all of the North- entire NWT. west Territories, with the exception of the Inuvialuit Sett lement Region, Overall, the NWT economy relies and the Wood Buff alo National heavily on resource industries, Park. with mining reported to be by far the largest private industrial sector. Public boards under the MVRMA “The Act establishes public Oil and gas exploration and devel- are formed through nominations. boards to regulate the use of opment are also important.701 Under the land claims agree- land and water, to prepare ments, First Nations are entitled to regional land use plans to guide Environmental Permitting and nominate one half of the members development, and to carry out Assessment of a board, refl ecting its jurisdic- environmental assessment and In 1984, the federal govern- tion over all lands including First reviews of proposed projects ment signed the Inuvialuit Final Nation sett lement lands. The fi nal in the Mackenzie Valley. The Agreement with the Inuit of the authority for appointment of mem- Act also makes provisions for western Northwest Territories. bers to the public boards, with the monitoring cumulative impacts on Resource activities in the far north- exception of the Wek’eezhii Land the environment, and for periodic, ern area of the NWT (outside the and Water rests with the Minister independent environmental Boreal) are subject to this agree- of Indian Aff airs and Northern audits. As institutions of public ment. Three other comprehensive Development.702 “First Nations” in government, the boards regulate land claims have been negotiated in the Mackenzie Valley refers to the all uses of land and water while the NWT: the Gwich’in Land Claims Gwich’in First Nation (represented considering the economic, Agreement in 1992, the Sahtu Dene by the Gwich’in Tribal Council), the social and cultural well-being of and Metis Land Claims Agreement Sahtu First Nation (represented by residents and communities in the in 1994, and the Tlicho Agreement the Sahtu Secretariat Incorporated), Mackenzie Valley.” 142 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest the Tlicho First Nation (represented provide for environmental assess- herds that Aboriginal people in the by the Tlicho government) or bodies ment and public participation in NWT rely on as a major source of representing other Dene or Métis applications for advanced explora- subsistence. Studies undertaken by of the North Slave, South Slave or tion permits (water and land). the NWT Government show that Dehcho regions. the Bathurst caribou herd, which While the regulatory regime cre- lives between Yellowknife and the Under the Act, the public boards ated by the Mackenzie Valley Arctic Ocean, has decreased by 74 are responsible for: Resource Management Act off ers per cent in the past 20 years, drop- • regulating all uses of land and many improvements over earlier ping from 472,000 to 128,000.705 water in the Mackenzie Valley approaches in the NWT, and shows • preparing regional land use some strengths in contrast to other The Audit also found the plans to guide development jurisdictions, it is not without its following:706 where land use planning is to fl aws. • Despite there having been land be carried out use planning requirements in • carrying out the environmen- The Mackenzie Valley Resource place since the MVRMA was tal assessment and regulatory Management Act requires that an enacted in 1998, insuffi cient review process audit of the environment must progress has been made in take place in the Mackenzie Valley developing land use plans in The public boards perform regu- at least once every fi ve years the Mackenzie Valley. Less than latory functions, such as permit- (similar requirements for environ- 1/5th of the area covered by the ting, licensing, and conducting mental audits are described in the MVRMA is covered by legally environmental reviews, previ- Sahtu, Gwich’in and Tlicho agree- enforceable land use plans. ously undertaken by Indian and ments).703 Conducted by an inde- • Current consultation practices Northern Aff airs Canada and the pendent auditor, the fi rst-ever NWT were found to overload the NWT Water Board (this body still Environmental Audit was com- capacity of local communities retains authority in the Inuvialuit pleted in December, 2005. Unique to participate in a meaningful Sett lement Region). This includes in Canada, this audit reviews the manner. issuing land use permits and water eff ectiveness of programs and pro- • There are no clear regulatory licenses under the Mackenzie Valley cesses related to the monitoring of tools to assess and mitigate Land Use Regulations and the cumulative impacts and the eff ec- social, economic and cultural Northwest Territories Waters Act and tiveness of the regulation of land impacts from development. Regulations, within the Mackenzie and water use in the Mackenzie • Regulatory and institutional Valley. Each board has its own spe- Valley and the Inuvialuit Sett lement gaps exist that are preventing cifi c jurisdiction. Region.704 the regulatory system from managing potentially adverse There are also land use planning The Audit found several instances of impacts to the environment boards for the Gwich’in and Sahtu unfavourable conditions and dete- in an integrated manner. Such regions which are responsible for riorating trends. “While traditional gaps include the management developing and implementing economic indicators show that the of air quality and social and cul- land use plans for their respective NWT population and economy are tural impacts, as well as compli- sett lement areas in the Mackenzie growing, there is no commensurate ance and enforcement. Valley. progress in community wellness • With few exceptions, air qual- with numerous measures of social ity impacts in the NWT remain The Mackenzie Valley Environmen- well-being being found to be less largely unregulated because tal Impact Review Board (MVEIRB) favourable than national compari- neither the federal or territo- is responsible for environmental sons. The social problems identi- rial government have assumed impact review and assessment at fi ed appear even more pronounced responsibility. a valley-wide level, including not in the NWT smaller communities, • Although in 1992, the only the Dehcho region but also the and are more associated with the Government of Canada com- Sahtu, Gwich’in and Tlicho sett le- Aboriginal population.” mitt ed that a method to monitor ment areas. cumulative impacts would be The report emphasized the seri- provided, a Cumulative Impact Regulations under the Mackenzie ousness of recent large decreases Monitoring Program (CIMP) Valley Resource Management Act recorded for the size of caribou has not yet been implemented.

6.0 Across Canada’s Boreal 143 Moreover, limited regional/ter- A Land Use Permit for its Snap ritorial environmental baseline Lake Project concluded in January and cumulative impact data are 2004, and on May 31st De Beers was available to decision makers. granted the licenses required to pro- ceed. Construction of the Snap Lake Staking and Exploration Mine began in 2005, and De Beers Over a million hectares (1, 234,930) expects to take it to full production were staked in mineral claims the in 2008. Once production begins, it Northwest Territories in 2005, down will be De Beers fi rst mine outside from a record 2 million hectares in of Africa and Canada’s fi rst fully 2004. Exploration spending totalled underground diamond mine.710 $96.3 million in 2005 and $129.8 mil- lion in 2006, and is projected to be Production will be at a projected $112.2 in 2007.707 average rate of 3,000 tonnes per day, mining a grade of 1.45 carats The NWT led the country for dol- per tonne at an estimated value of lars spent in diamond exploration US$76/carat. Mine life is estimated and deposit appraisal in 2005. The at approximately 20 years. The proj- increase resulted from diamond ect is anticipated to employ about exploration activity reported by 500 people during construction and BHP Billiton Diamond Inc., by provide approximately 550 perma- Diavik Diamond Mines Inc., at the nent jobs during operations.711 Mackenzie project by Sanatana Diamonds Inc. and at the Tli De Beers’ Gahcho Kue project Kwi Cho kimberlite by Peregrine is a joint venture between De Diamonds Inc., in the Lac de Gras Beers Canada Mining Inc. (51%), region. 708 Mountain Province Diamonds Inc. (44.1%) and Camphor Ventures Signifi cant expenditure increases Inc. (4.9%), and is located 300 were also reported for uranium, base km northeast of Yellowknife. It metals and precious metals. Among was referred to an environmental the gold projects with important assessment by the Mackenzie Valley expenditure increases expected in Environmental Impact Review 2006 were Discovery and Nicholas Board, despite strong representa- Lake, by Tyhee Development Corp., tion by the company. The Akaitcho and Courageous Lake, by Seabridge Dene and others were deeply con- Gold Inc. Great Northern Mining cerned that another mine would and Exploration Inc. (base metals), place too much stress on the already Canadian Zinc Corporation (zinc), stressed Bathurst caribou herd that and Alberta Star Development has shown a dramatic decline in Corporation (uranium) also con- population in the last 20 years of tributed to the increase in explora- over 60%.712 De Beers appealed to tion. The North American Tungsten the Northwest Territories Supreme Corporation (tungsten; other metals Court, but lost. The Environmental category) was more active at its Impact Review is proceeding, and Riffl e Range property in 2006.709 is expected to take anywhere from 24 to 36 months, which would put Snap Lake is a kimberlite dyke with the start-up in 2011, if the project is a mineable resource of 22.8 million approved.713 tonnes, located approximately 220 kilometres northeast of Yellowknife, Canadian Zinc Corporation con- just south of the tree line. The public tinued advanced exploration work hearing into De Beers’ application at its Prairie Creek zinc-lead-silver for a Class A water license and Type mine, now completely enclosed

144 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest by the boundaries of the Nahanni 61 million pounds of cobalt, and 77 CanTung Mine is located on the Park expansion area. A mill, com- million pounds of bismuth. NICO NWT/Yukon border, in the NWT, pleted in 1982 just before the mine has recently been assessed in a full about 3I0 kilometres northeast of closed down, has been brought into bankable feasibility study, which Watson Lake, Yukon,718 on the Flat service as a pilot plant, processing contemplates a combination of River, 85 km upstream from the bulk samples. The underground underground and open pit mining current boundary of the Nahanni program involved driving approxi- and a process plant to produce gold National Park Reserve.719 mately 400 m of new decline tunnel doré, cobalt cathode and bismuth and up to 10,000 m of underground concentrate. The Company has com- This tungsten mine re-opened in exploration diamond drilling.714 At pleted a second $10 million under- January 2002, aft er 16 years of sus- its peak, the 2006 program involved ground bulk sampling program pended operations, and operated for up to 60 employees and contractors, and is in the fi rst phase of moving less than a year before being closed constituting the most extensive the Golden Giant Mine mill and again. A rebound in tungsten prices work program since the mine was surface facilities at Hemlo, Ontario reactivated the mine in September built. to the NICO site, the purchase of 2005. Within a few days of opening, which will reduce projected capital it had a major fuel spill. Can-Tung Tamerlane Ventures Inc. has costs for mine development. The is a 1,200 tonne per day fl y-in/fl y- entered the permitt ing and feasi- proposed mine is located 160 km out operation, with a town-site and bility stage on its Pine Point zinc- northwest of the City of Yellowknife, processing facility. North American lead property east of Hay River. Northwest Territories, and 80 km Tungsten Corporation Ltd owns The project is undergoing an north of the Tlicho community of both the CanTung Mine as well environmental assessment and a Bechoko on the Highway between as an enormous tungsten deposit Final Terms of Reference has been Yellowknife and Edmonton, called “MacTung,” still in advanced issued. Tamerlane plans to use a Alberta. The study assumes instal- exploration. The company says that freeze curtain around the perim- lation of a power transmission line these are the largest high-grade eter of the project.715 The CEO of from Snare, to provide the 13 MVA tungsten resources in the western Tamerlane is Margaret Kent, aka electrical demand load required world making up approximately Peggy Witt e, who was the CEO of by the project. Fortune is working 15% of the world’s proven tungsten Royal Oak Mines, and a petition with the Tlicho Government and resource base. about Tamerlane has been fi led with the governments of the Northwest the Auditor-General of Canada, Territories and Canada to engineer Most of the infrastructure around expressing concerns about the lack and construct an all-weather road Yellowknife has been developed of fi nancial assurance for such a to these communities and NICO, to support the mining industry. notorious mine operator. and also to connect with the roads For example, hydro dams were already servicing the Snare hydro- established at Bluefi sh and Snare In March 2005, Tyhee applied electric facilities. Rapids, north of Yellowknife, to for a Water Licence to operate power the mines. The all-weather an underground mine, mill and In 2007, a proposal by Ur-Energy road to Yellowknife was intended camp 90 km east of Yellowknife to proceed to advanced uranium primarily as a support to the mining at its Yellowknife Gold project. exploration in the Thelon River industry. The winter road north of The application was referred to watershed ran into strong opposi- Yellowknife was fi rst developed to Environmental Assessment in May tion from the Akaitcho Dene, for support the Lupin gold mine, and 2005 and a Terms of Reference was whom the area is of cultural and now also services the diamond issued. Tyhee has now concluded spiritual signifi cance. As detailed mines; the territorial government is that an open pit may be the most earlier in Sections 3 and 5, the now expressing interest in extend- eff ective means of extraction. The Review Board’s landmark decision ing the road to the Arctic coast. All application may be withdrawn and to reject the proposal was upheld of these roads and infrastructure a new application submitt ed given by the Minister.717 leave a footprint, dissect wildlife the change in the scope of the proj- habitat, and open new areas for rec- ect. 716 Production reational hunting.720 The NWT boasts Canada’s fi rst two The Fortune Minerals NICO project diamond mines: Ekati and Diavik The diamond mines is also going ahead. It contains an (discussed below), and one other The Canada diamond industry is estimated 760,000 ounces of gold, operating mine - CanTung. The controlled by the biggest trans-

6.0 Across Canada’s Boreal 145 national mining companies in the world: BHP-Billiton, Rio Tinto and De Beers. The wealth of these Prairie Creek Mine three companies has been built on the plunder of indigenous lands 722 The Prairie Creek Mine, located just outside the boundary of the Nahanni around the world. National Park Reserve and World Heritage Site, is an environmental and fi nancial disaster waiting to happen. The issues are numerous The NWT has two operating dia- and somewhat complex. They involve the mine’s poor location, toxic mond mines: BHP-Billiton’s Ekati, substances, regulatory oversight, Aboriginal lands, and the expansion Rio-Tinto’s Diavik. DeBeers’ under- of one of Canada’s most famous National Parks. ground Snap Lake is in the permit- ting stage. DeBeers has also fi led The mine includes complete mining infrastructure built in 1982 but never applications to operate another dia- operated. It is located on the fl ood plain of Prairie Creek, a tributary mond mine at Gacho K’ue, about of the South Nahanni River, upstream from world-renowned Nahanni 90 km southeast of Snap Lake, but National Park Reserve, and poses serious threats to the ecosystem went to court to challenge the more and wildlife. rigorous environmental impact review that had been ordered. The mine is in the Deh Cho First Nations (DCFN) traditional territory, and poses a threat to traditional livelihoods and to future opportunities The grade of diamonds varies from to develop their land in a sustainable fashion. The DCFN want the lands Ekati’s 1.8 cts/tonne to Diavik’s 3 around the Park, known as the South Nahanni Watershed (SNW), to be carats per tonne. The revenue per protected. They are currently in court challenging the water licence. tonne also varies: Ekati is about $150/tonne, Snap Lake Cdn $180/ Canadian Zinc Corporation (CZN), which owns the mine, has no history tonne and Diavik Cdn $350/tonne. of operating a mine and is depending on a sustained rise in the price of zinc and silver to make it profi table. The big money - the billions of dol- lars - goes out, much to the grow- Despite a history of fuel spills, heavy metals being discharged into ing concern of former Premier Prairie Creek, and the presence of large amounts of toxic substances, Joe Handley and the government there has not been an assessment of the overall impact of this 20 year of the Northwest Territories. Mr. old site, although tre have been environmental assessments on small Handley has claimed that, since individual projects and activities at the mine. The assessments that 2004, $286-million in royalties have have been completed have found the likelihood that proposed mining been paid by the diamond opera- activities would cause signifi cant adverse environmental impact, unless tions to Ott awa, as the mines are on subjected to stringent conditions. federal Crown land. The Northwest Territories, says Mr. Handley, In its Ecological Integrity Statement of September 2001, Parks Canada received “not one cent” in return. identifi ed mining activity as “the single greatest threat to the ecological While this might provoke some integrity” of the South Nahanni River Watershed. sympathy, it must also be noted that the territorial government (GNWT) The ores that CZN hopes to mine have high levels of mercury, arsenic also makes some revenues from and antimony. This calls into question the mine’s economic viability, as diamond mining through a payroll it would be diffi cult to sell such ore concentrates to smelters, especially tax on out-of-NWT workers, and given the poor markets for zinc and silver at this time. possible corporate taxes if the com- panies decide to fi le in the NWT Despite the Prairie Creek mine facility being 20 years old, it appears rather than in another jurisdiction that no reclamation bond has ever been posted by the company. with a lower rate. Independent analysis estimates the current cost of cleaning up the mine site at between $3 million and $5 million721 (MiningWatch Canada, The greater problem is the very low 2002). economic rent the companies pay for their occupation and exploita- tion of public lands. And while the companies rake in the profi ts, the

146 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest GNWT has the tax authority to do over the 475-kilometre ice road BHP-Billiton’s last closure plan something about it. However, it from Yellowknife to the mine.”723 for Ekati was approved in 2002, appears to lack the political will to although the company is now take on the companies rather than 150 kimberlite bodies have been required to produce an updated simply complaining about the fed- discovered within the mineral lease plan that accurately refl ects current eral government. area held by the company, although operations. There is some question most of these do not carry economic as to whether the fi nancial security Over the coming two decades, Mr. diamond concentrations. Ekati has currently held is adequate to allow Handley says, Ott awa will collect open-pit mined from the Panda, for a third party to carry out closure $23-billion in taxes and royalties. Koala, Fox, Beartooth, and Misery and reclamation. At the same time, the NWT govern- pipes, and has underground pro- ment has failed to exercise its abil- duction from Panda with future ity to raise taxes from the diamond production from the underground The Bathurst caribou herd is the mines. When BHP’s Ekati mine was at Koala. The project is expected largest mainland herd in the NWT. about to enter production, the NWT to have a life of 25 years or beyond The herd migrates through the government pushed very hard for (dating from 1998). Koala is 900 area of the diamond mines. Dust a guaranteed supply of rough dia- meters in diameter and 230 meters from mining is a serious threat to monds to build a local secondary deep, Panda is 800 meters in diam- caribou, as it can spread out and industry based on sorting, cutt ing eter and 300 meters deep. contaminate the lichen, on which and polishing of gem quality dia- they depend. The herd has declined monds. The territorial government Each open pit usually requires the in numbers from a high of about even provided loan guarantees to draining of the lake that sits atop 400,000 animals in the 1980s to prospective secondary diamond the kimberlite pipe and then some 128,000 in 2006. This reduction is companies to locate facilities in 35 - 40 million tonnes/year of waste apparently still within the range of the NWT. Unfortunately, several of rock is excavated from the pits. Any natural variability, but caribou are these ventures have failed, leaving fi sh are removed. The ore feeds a much more sensitive to disturbance taxpayers on the hook for millions central 18,000-tonne/day-capacity when a herd is in decline. There is of dollars. processing plant. The 3.4-km Panda some statistically signifi cant data Diversion Channel diverts water from limited satellite collaring that There have been local impacts from around the Panda and Koala pits female caribou tend to avoid mine the diamond mines in the capital into Kodiak Lake. Other lakes were sites in the critical post-calving city of Yellowknife. Housing prices taken for disposal of processed period.725 have skyrocketed and drug-related kimberlite and waste rock. crime is on the increase. Local ser- Ekati is also the only diamond mine vice providers and retailers fi nd Ekati is one of the most closely in Canada with a union. The Public it very diffi cult to retain staff and monitored mines in Canada, as the Service Alliance of Canada (PSAC) att ract new employees given the Aboriginal governments involved was certifi ed in July 2004. In 2006, att raction of the diamond mines negotiated for the company to fund when they tried to negotiate their and related services. Since none an Independent Environmental fi rst contract with BHP-Billiton, of the companies pay municipal Monitoring Agency (IEMA) as a they faced stiff opposition from the taxes, the City of Yellowknife has to public watchdog.724 In its report for company, who brought in replace- bear this burden without increased 2004, the IEMA reported that total ment workers. The strike lasted revenues. habitat loss to date was 19.7km2 from May until June 30, 2006. The (twice the area of Yellowknife). It union was only able to achieve a Ekati noted an increase in all monitored one-year contract, and very modest Canada’s fi rst diamond mine, Ekati, lakes of total dissolved solids, concessions from the company. was “the largest construction proj- potassium and ammonia; and an ect completed north of the tree line.” increase in some lakes of nitrates The Diavik Diamond Mine It is 350 km north of Yellowknife, and molybdenum. It has also been Diavik is located on Lac de Gras and is accessible by air or ice road. found that some of the polymers in about 300 km (180 miles) north of “During the construction phase, the processed kimberlite are chroni- Yellowknfe, on a 20-km2 island, more than 40 million kilograms of cally toxic to water fl eas (a crucial informally called East Island. It building materials, trucks, diesel part of the aquatic food chain). is connected by an ice road and fuel and food were moved by truck a 1,585-meter (5,200-ft ) gravel

6.0 Across Canada’s Boreal 147 runway that regularly accommo- head during the November 2006 dates Boeing 737 jet aircraft . Wek’ezhii Land and Water Board public hearings for Diavik’s water The area was fi rst staked in 1992 and licence renewal. As with Ekati, construction began in 2001, with there are also concerns about dust On Ekati: production commencing in January and contamination of the lichen. “The clay slurries present serious, 2003. There are three ore bodies, and as yet, unresolved closure named A154 South, A154 North, Agreements with First Nations challenges for the company. and A418. The mine is owned by Diavik has an environmental agree- Despite questioning by the Agency a joint venture between the Aber ment with the aff ected First Nations, at the workshop, it is apparently Diamond Corporation and Diavij k the NWT and the federal govern- not yet known by the company Diamond Mines Inc., a subsidiary ment.728 The Agre09ement estab- how these, and the transition of Rio Tinto Group. It employs lishes an Environmental Monitoring zones with beached tailings 700, and produces 8 million karats Advisory Board (EMAB).729 There which are prone to liquefaction, (1,600 kg) of diamonds annually. is also a Socio-economic Agreement can be effectively stabilized and The lifespan of the mine is expected that covers tracking of economic reclaimed. For example, it is not to be from 16 to 22 years. benefi ts and some indicators of known how to place a waste rock social dysfunction. cover (as outlined in the currently Aboriginal people named the lake approved tailings closure plan), Ekati for quartz veins found in local The First Nations whose lands are or how to construct internal bedrock outcrops resembling cari- aff ected by the mine are: the Dogrib erosion control measures within bou fat. Lac de Gras is 60 kilometres Treaty 11 Council (now known as the the tailings facility.”726 long, and averages 16 kilometres Tlicho Government), Yellowknives wide. Lac de Gras has a 4,000-km2 Dene First Nation, the North Slave drainage area, and, with Lac du Metis Alliance, the Kitikmeot Inuit Sauvage to the northeast, forms Association and the Lutsel K’e First the headwaters of the Coppermine Nation. The Agreements cover River fl owing 520 kilometres to everything from contracting out to the Arctic Ocean. Lac de Gras has training. The Diavik commitment a maximum depth of 56 metres. is to have 66 per cent of the work Water temperature ranges from force from the North, with 35 per 0°C to 4°C in winter and 4°C to cent aboriginal. Diavik says it now 18°C in summer. Before the mine, exceeds both commitments and “Community leaders were the Lake’s water quality resembled has pumped $233-million into the daunted and overwhelmed distilled water. Although aquatic territorial economy since the mine by trying to understand the productivity is low, lake trout, was constructed, three quarters of proposed plans for the diamond cisco, whitefi sh, arctic grayling, that going to northern businesses. mining, and what the implications burbot, longnose sucker, and slimy “Participation agreements” have could be for the people and the sculpin are among the fi sh the live been signed that apparently pro- traditional territory in order to in the lake. vide for annual cash payments in negotiate a good deal. “We’re the order of about $1 million per trappers who live off the land. And With Diavik mining the bott om year. These agreements are confi - people live in the bush and trap,” of the lakebed and discharging dential, but do not appear to be tied one community member said. its mine water back into the lake, to profi tability or involve revenue “And all of a sudden this mining there is increasing concern over sharing. company comes in. We didn’t water quality changes. Diavik is know anything about mines, or discharging more ammonia than The negotiation of these agree- how to deal with it. That was our permitt ed under its original licence, ments continues to be incredibly fi rst experience. We didn’t know and there are serious concerns time-consuming and disruptive for how to negotiate with them.”727 both about the aquatic baseline First Nations leadership. An excel- and about the ability of the current lent description of the process can aquatic eff ects monitoring program be found In Dealing Full Force, pub- to detect changes in water quality. lished by the North-South Institute These concerns recently came to a and Lutsel K’e Dene First Nation

148 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest in 2006, and in Ellen Bielawski’s tailings.732 Territories announced that they book, Rogue Diamonds: the Rush were seeking approval – through for Northern Riches on Dene Land, Surface water samples show arsenic a water license application to (Douglas and MacIntyre, 2003). concentrations that exceed Canadian the Mackenzie Valley Land and drinking water standards, which set Water Board – for the Giant Mine Mining’s Legacy the limit at 25 ppm. For example, a Remediation Plan.737 The historic Giant gold mine closed popular recreational lake, the Kam in July 2004 aft er 30 years of produc- Lake, showed arsenic levels of 1,570 The Remediation Plan outlines a tion. Opened in 1948, the mine had ppm. Recent studies show that lake plan for the clean-up of the entire a work force of over 300 during full sediments have high concentrations mine site, including the long-term production. Its closure meant there of arsenic. Researchers presume containment and underground were no gold mines left operating that the arsenic is from historic and storage of the 237,000 tonnes of in the Northwest Territories. recent mining operations, and that highly toxic arsenic trioxide dust it is remobilizing into local surface using the “Frozen Block Method.” Production at the Con gold mine in waters.733 It also addresses the demolition Yellowknife had been suspended in of more than 100 buildings on the 2003 due to high costs and reserves But arsenic in the soil and water surface, the backfi lling and cover- failures. At closing about 190 work- is not the only legacy of 70 years ing of several open pits, and the ers were laid off , with the remaining of gold mining. When it closed, covering of 95 hectares of tail- 250 workers – mostly mill workers Yellowknife’s Giant Mine had ings. Funding will come from the – kept on site until 2005. 237,000 tonnes of arsenic trioxide, Federal Contaminated Sites Action a highly toxic by-product of roast- Plan and from the Government of Since opening in 1938, the Con ing ore, stashed underground in the Northwest Territories under Mine produced more than 5.5 mil- mined-out stopes. When Royal Oak the auspices of a Cooperation lion ounces of gold. The Giant Mine went into receivership – not before Agreement signed between the commenced production about 10 making the mine infamous with a Government of Canada and the years later, and has produced an esti- bitt er strike in 1992 – the federal GNWT in 2005.738 mated 7.1 million ounces of gold.730 government became responsible However, the ore mined in the for the property. The 15 underground chambers Yellowknife area is associated with and stopes containing the arsenic arseno-pyrite, and therefore leaves Aft er many negotiations, an trioxide dust will be frozen using behind a considerable amount of arrangement was reached that tax- a system similar to ones used to arsenic when it is processed. payers will bear all of the environ- freeze the ice in indoor rinks. A mental liabilities, including cost of super-cooled liquid is circulated Arsenic levels on the Giant mine cleanup of the site and the arsenic through a series of underground site are as high as several thousand trioxide stockpiles. Miramar Mining pipes to freeze the areas around parts per million, and the soils in the Corporation bought the mine in and within each of the chambers community are all contaminated to 1999 but was exempted from liabil- and stopes. The theory is that this some extent. Comparatively, soil ity for historic contamination.734 will create an impenetrable barrier, samples set background range of While it operated, Miramar was preventing water from entering the arsenic in the greater Yellowknife paid $300,000 per month by the chambers and arsenic from leav- area as being between 4 and 70 ppm. Department of Indian and Northern ing. The blocks will be kept frozen The roasting operations that extract Aff airs “towards environmental over the long term by using ther- the gold ended in 1999 when Royal compliance and holding costs.”735 mosyphons, which are tall, metal Oak, then owner of the Giant Mine, Miramar stopped mining at the site tubular devices that take heat out went bankrupt.731 in 2004, and the mine was declared of the ground. Thermosyphons are bankrupt. Estimated cleanup costs self-sustaining, meaning they do Both historical and more recently for the underground arsenic tri- not require an external source of deposited tailings have been found oxide range from $400 million to power.739 to contain extremely high levels of over $1.5 billion, depending on the arsenic: up to 25,000 ppm in the method used.736 At the Colomac Mine site, the most Con Mine tailings, 4,800 ppm in pressing environmental problem the Giant Mine tailings, and 12,500 In October 2007 the governments is the mine waste containment ppm in the historic Negus Mine of Canada and the Northwest area. Precipitation and snowmelts

6.0 Across Canada’s Boreal 149 accumulate in this area, made up of three lakes with a total surface of about 76 hectares. Concentrations “Abandoned mines are a costly of contaminants (such as cyanide, environmental mess left behind metals, and ammonia) in the water by bankrupt mining companies require treatment before release and Canadian taxpayers are left into the environment. Without to foot the bill to fi x this serious remediation, there was serious threat to the environment and danger of the tailings dam over- human health”742 topping and/or failing. This would have meant an uncontrolled dis- charge of contaminated water will She characterized the sites as con- enter the Indin River system, which taining hundreds of thousands of is the water supply source for tons of highly toxic chemicals such Tlicho First Nations communities as arsenic and cyanide. The audit located downstream. Indin Lake covered hard-rock mining only, and also has a spiritual signifi cance to included a closer look at four mine the community. sites: the Giant and Colomac mines in the Northwest Territories and the The cost of cleaning up the Colomac Faro and Mount Nansen mines in Mine is estimated at about $70 mil- the Yukon. lion. Only $1.5 million in security deposits was collected for this mine The Commissioner’s report led to when it was in operation, and the an allocation from the federal gov- mine has not generated any royal- ernment of $4 billion over ten years ties to the government.740 A reme- to clean up contaminated sites in diation program is now in place for the North. The worst of these are Colomac, with a Tlicho company abandoned mines. Contaminated –Tlicho Logistics – managing the sites remediation at these enormous remediation. northern sites under federal care, is managed through the Federal As of February 2000, 37 abandoned Contaminated Sites Action Plan.743 mines were on Indian and Northern Aff airs Canada (INAC) fi les. All of Other mines in the NWT priorized them had been visited by fi eld staff by the federal government for clean- personnel, and all of them matched up include Port Radium, the site on the INAC criteria of “abandoned,” Great Bear Lake where radium and meaning that they had no legally then uranium was mined during responsible party in operation. the Second World War. Other sources identify 35 aban- doned mines in the Yellowknife region alone, plus another nine more recently closed mines.741

In her 2002 report to the Govern- ment of Canada, the Commissioner of the Environment and Sustainable Development, Johanne Gelinas, concluded that the Government of Canada was not doing enough to solve the problems of abandoned mines in the North.

150 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest 6.10 The Yukon in 1982, reactivated in 1985, sus- on the project. The Committ ee then pended in 1993, reactivated in 1995 publishes a “draft screening report” Mining’s History and suspended again in January which is again sent out for public The Yukon’s mining history is long 1998. Mount Nansen’s on-again/ comment. and colourful, with tales of the off -again gold and silver operations famous Yukon gold rush woven into are another example of a patt ern of Aft er this, the YESAB recommends the cultural fabric of the Canada’s “mining-and-going” which has left whether the project should proceed most north-western jurisdiction. the Yukon with a legacy of aban- and recommends conditions that Prior to European colonization, the doned mines and confusion over should be applied to any permits. First Peoples in the White River area title, ownership and liabilities. Only aft er the determination of the are known to have mined native YESAA process, may permits such copper nuggets, which they used Mining Today as water license be issued.745 Aft er both for arrowheads and in trade. As of 2003, the Federal government the the YESAA assessment, the The fi rst gold discovery was in 1850 devolved its jurisdiction regulator (the Yukon Department at Fortymile, and prospecting for over mining to the Yukon of Energy Mines and Resources, placer gold began soon aft er. Territorial Government. There EM&R) decides whether to accept, is cautious optimism from some vary, or reject the various recom- A discovery of gold on Rabbit Creek environmental groups regarding mendations and then issues a in the summer of 1896 sparked the improved environmental quartz license or permit with con- Yukon gold rush, which brought protection in regulations that will ditions. The Yukon Territory Water tens of thousands of people fl ood- be implemented in relation to new Board is responsible for issuing the ing into the territory over a period Yukon Placer Regime and the new required water licenses and does of just a few months. Placer gold Mine Site Reclamation and Closure so aft er its own review and taking mining was the mainstay of the Policy.744 into account the provisions of the Yukon economy from the time of EM&R decision document and the the Klondike rush through until the Environmental Assessment and YESAA assessment. early 1920s, and then again from Permitting the 1940s to the 1960’s. A new gold Mineral activities are assessed The devolution of mining from rush in the late 1970s – early 80s re- under the Yukon Environmental the Federal government to the established the industry as a major and Socio-economic Assessment Territory has opened the door for contributor to the Yukon economy Act (YESAA). Assessments are con- changes to the free entry process and it remains so. Placer mining ducted by the arms-length Yukon for exploration, such as allowing continues in the Territory to this Environmental and Socio-economic political arrangements with First day. Assessment Board (YESAB) or one Nations in the territory. The Yukon of its six Designated Offi ces located government concluded an agree- Yukon’s mining history has also throughout the Yukon. The Yukon ment with the Kaska Nation which been sporadic, with many of the government is the decision-maker included a pledge from the govern- mines opening and closing, only to and is responsible for regulating ment to provide subsurface rights reopen and close once more. The and enforcing permits and licenses. to the Kaska for certain lands on fi rst high-grade silver/lead veins reasonable commercial terms. The were discovered in the Keno Hill For a major hard rock mining agreement between the Federal area in 1906, and a mill was built in project in the Yukon to move to government and the Kaska Nation 1925. The mines closed in 1941 and development and/or production includes revenue sharing with reopened in 1945, operating peri- requires a detailed environmental the Kaska from exploration and odically through until 1989, and the and socio-economic assessment resource development.746 property is now once again under and various regulatory approvals, exploration. including but not limited to a Type Agreements like this will allow First A or B Water License and a Quartz Nations more autonomy regarding Massive zinc-lead-silver miner- Mining License. An assessment of land use decisions, although allo- alization was found in the Anvil a ‘Major Mining Project” is under- cating subsurface rights through range in 1953, and the huge Faro taken by the Executive Committ ee political processes may also be ore body discovered in 1965, with of the Yukon Environmental and problematic. However, not all First mine production beginning in Social Assessment Board, which Nations have these agreements, 1970. Production was suspended undertakes a public consultation and the free entry system continues

6.0 Across Canada’s Boreal 151 to be a source of frustration for both $4-million cost of a spur line from First Nations and public interest the new main line to the mine. orangizations such as environmen- However, the mining company will tal groups. not have to make any payments until it has been in operation for 4 Government Subsidies years.748 The Yukon now provides an assis- tant to help major mining projects In June 2007, a feasibility study go through the assessment and was published for a massive infra- permitt ing process. The YESAA structure project, the $10.8 billion process has streamlined environ- Alaska-Canada rail link. The study mental assessment for companies, was commissioned by the Yukon although it is becoming a serious and the State of Alaska. It is esti- concern to the First Nations and mated by the rail link promoters citizens that have to live with the that new mines opening as a result mines. The Yukon has the most per- of the rail link would provide 7,800 missive incorporation legislation in permanent jobs in Canada, of which the country, requiring no Canadian 4,000 would be in the Yukon, 2,000 directors and allowing meetings of in B.C. and the remainder spread directors to take place anywhere in across the rest of the county. The the world. majority of tonnage for the rail link (63%) would be from the develop- The Yukon Government also pro- ment of the Crest iron ore deposit vides a number of direct subsidies in northeastern Yukon. Coal exports to the mining industry, such as tax from B.C. and the Yukon would exemptions, exploration funding also provide signifi cant tonnage and by footing the bill for mine under the proposal.749 However, infrastructure. The Yukon royalty waning interest on the part of the regime is based on profi ts, not on new Alaskan governor has reduced production. An unusual feature of the likelihood of anything happen- the Yukon royalty is that all income ing in the near future.750 taxes paid or payable are deduct- ible from net income. The govern- Staking and Exploration ment provides a fuel tax exemption In 2006, the Yukon received a B+ for most mine-related vehicles. In in terms of att ractiveness for mine 2007, the Yukon government plans development from a survey by the to further explore tax incentives Fraser Institute. It had had a failing and improvement of infrastructure grade in 2003 and 2004, partly due to and the royalty regime to encour- uncertainty regarding government age mining development.747 regulations and environmental rules. (Manitoba and Alberta scored There are also many subsidies for fi rst and second in this survey out infrastructure. A key ingredient in of 65 global jurisdictions.751). The the feasibility of the Minto Mine change in its position can be cred- project was the power deal between ited to a number of factors. the Yukon Energy Corp. and Minto Explorations Ltd. Under the deal, In the past fi ve years, exploration the mine pays only $11 million of expenditures have increased ten- the total $35 million required to fold, from $8 million in 2002 to build a power link between Minto $80 million in 2006, well above the Mine, Pelly Crossing, Stewart $30-million average annual explo- Crossing and the Whitehorse power ration expenditures over the last 20 grid. The amount paid by the Minto years.752 Explorations Ltd. includes the

152 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Exploration for gold att racted the Yukon Zinc Corporation has and the liability is estimated at $1.8 largest share of the exploration received a Mining Licence and was million.762 dollars, capturing 35%. Zinc fol- issued a Type A Water License in lowed at 22%, uranium at 15%, October 2007. A company spokes- There is also new interest in re- copper at 12% and silver at 7%, person announced that the receipt opening Sa Dena Hes, a lead-zinc and tungsten and molybdenum at of the permit completed the envi- mine project approximately 45 km 6%. The remaining approximately ronmental permitt ing and “pro- north of Watson Lake and owned 5% was divided between coal and vides the framework for developing by Teck Cominco and Korea Zinc. gemstones.753 a low impact mine.” The Licence The mine produced 607,500 tonnes extends to the end of 2027, covering of zinc concentrate in 1991-92, but Spending on mineral exploration the development, operation and ceased operations due to low zinc and deposit appraisal has risen sig- closure of the Wolverine Project.759 prices. It is being maintained under nifi cantly and consistently over the Activity at the site has been con- temporary closure.763 last three years, from $54 million in siderably reduced as Yukon Zinc 2004 to $76.2 in 2005, with projec- works to get its fi nancing in order. Uranium exploration in Yukon tions of $103.7 for 2007.754 peaked in the early 1980s, and for Other mine developments involved over 20 years there was no explo- The Yukon has some 70 explora- in mine licensing in the Yukon are: ration. However, there has been tion projects, of which 10 are in Carmacks Copper, Brewery Creek renewed interest in uranium pros- advanced development stages.755 and Sa Dena Hes. pects in the Yukon, an interest based almost entirely on a high commod- The largest exploration program in Carmacks Copper, owned by ity price. Roughly $12 million was 2006 was Pacifi ca Resources Ltd’s Western Copper Corp., is located spent on uranium targets in 2006.764 $12 million dollar drilling program 175 km north of Whitehorse. It will to confi rm and expand a large zinc be an open pit, heap leach mine One of the more notorious uranium resource at Howard’s Pass. 756 with a mine life of 8 years. It is only projects is Cash Minerals’ project feasible at copper prices over $.80 in the Wernecke Mountains. In The Wolverine project, located 130 US a pound and the ore grade is October 2007 the company submit- km southeast of Ross River, is in the very low (1.01%). It is a “transition ted plans to build a 289-km network advanced stages of development. project” and is undergoing assess- of winter roads into and along the Located in Kaska Dene Territory, ments through the Environmental Wind River to access their mul- this proposed underground lead- Assessment Act and the YESAA.760 tiple uranium claims in the Wind zinc mine is owned by junior mining TheYESAA Executive Committ ee and Bonnet Plume watersheds. company Yukon Zinc, and expects assessment report and recom- The Bonnet Plume is a designated to process 1,440 tonnes of ore per mendations were released for Canadian Heritage River; the Wind day It is near the closed Kudz Ze public comment until Feb 6 2008 . River is one of the Norths fi nest Kayah Mine. The selenium content The report will then be fi nalized wilderness watersheds supporting of the ore is such that it may be and sent to EM&R for a decision existing tourism businesses. For the impossible to fi nd a smelter to take document and permitt ing. A water past several years the mining com- it.757 license application has not yet been pany has used airstrips for access. submitt ed. Both the Litt le Salmon Now they want to bulldoze winter The company constructed a 25 km Carmacks First Nation and the roads along the valley bott oms access road in 2007 from the mine Yukon Conservation Society have and build a new airstrip beside the to the Robert Campbell Highway to major concerns about the quality of Wind River.765 The decision docu- mobilize equipment. The contract the assessment and have expressed ment does not allow the airstrip, for road construction was awarded objections to it.761 due in large part to the intervention to Artic Construction Ltd. and the of many Yukon interest groups and Ross River Dena Council under High gold prices have stimulated individuals who continue to insist the Socio-economic Participation renewed interest in Brewery Creek. that this access not be considered Agreement with the Ross River Ownership of the gold mine (which until a land use plan - scheduled Development Council.758 Costs of operated from 1997 to 2001) was for completion in about 18 months closure for the mine at the end of its taken over by Alexco Resources Inc. – has been issued.766 production are estimated by gov- in 2005. Mine reclamation of the ernment at $9 million. heap leach operation is continuing NDP Leader Todd Hardy tabled a

6.0 Across Canada’s Boreal 153 motion in the Yukon legislature in QMA also confi rms that a claim November 2007 calling for a mora- holder has the following rights in torium on any uranium exploration relation to the minerals contained or development activities in the within the claim: Yukon.767 • the right to enter on and use and occupy the surface for the The Yukon Government is also effi cient and miner-like opera- encouraging the development of tion of mines and minerals; and four known coal deposits, calling • the right to commercially pro- it a “local energy resource.” One duce a mineral and benefi t from notion is to use coal to generate elec- the sale of the mineral. tricity for anticipated new mines in the Yukon.768 A Quartz mining lease provides to the holder of the lease the ability to Mineral Tenure in the Yukon hold claims for a longer period of Until devolution, staking was gov- time (21 years with renewal clause) erned by a federal statute. Aft er than a claim. devolution, the Yukon adapted the act for their own purposes, but All work undertaken on the surface without substantial changes (mirror of claims and leases is regulated legislation is the term). It is now through the Quartz Mining Land Use called the Yukon Quartz Mining Act Regulation which has been made (QMA). Staking for Placer mines under the QMA. is governed by the Yukon Placer Mining Act. A Quartz Mining License (QML) issued under the QMA gives the Currently, the QMA encourages holder of the license the authority staking, and allows continued to undertake the activities listed in tenure for as long as prospecting the license in relation to the devel- and exploration activities are con- opment and production of miner- tinued. No permit or approval is als. Without this license, a person is required for prospecting and low not legally authorized to engage in level exploration. A licensed pros- development and production of a pector automatically has the right mine or minerals. to acquire a mining lease once a claim is staked. The government Production must issue the lease.769 The Minto Copper Project is the Yukon’s fi rst producing hard rock The QMA does not provide any mine in over fi ve years. The mine holder of a mining claim, mining began production in 2007. It is an lease (Quartz mining lease) or open pit mine located on Selkirk mining license (QML) with exclu- First Nation Territory, 240 km sive right to use the surface of the northwest of Whitehorse on the land, and it does not convey any west side of the Yukon River. The tenure in the surface of the land. mine owner is Minto Explorations However it provides very limited Ltd., a subsidiary of the Sherwood protection to private holders of Copper Corporation. those surface rights. The Department of Energy, Mines A mining claim, which must be and Resources estimates the mine renewed annually, provides exclu- could contribute $454 million to the sive rights to the holder of the claim Yukon economy. During the fi rst for the mines and minerals located fi ve years of operation, the mine is within the area of that claim. The projected to employ 170 people and

154 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest pay $14 million in wages. Regular Aff airs Waste Management be highest and the income to the shipments of concentrates to the port Program, but the list consists only company may be diminishing as of Skagway, Alaska began in July of those sites for which no legally lower value deposits are mined.776 2007 to Asian smelters. The mine is responsible party can be linked to Regulation to enable enforcement expected to produce 60,000 tonnes the property or operation. In many of the Policy is currently being of concentrate per year.770 Security more cases, mine sites are inactive, considered. is presently set at $3.7 million.771 likely to remain so, and in need Under the terms of the Reclamation of environmental remediation, Since the federal government and Closure policy, the amount of but they still have an identifi able has devolved its jurisdiction over security should be reviewed and owner, even if that owner may be mining to the Territory, it has also adjusted every two years to refl ect taking no responsibility for the care devolved its liability for the costs of current closure liabilities. or closure of the site. clean-up of any future abandoned mines. The federal government Placer mining is still a key gold As of 2001 there had never been a has retained liability for “Type II producer in the Yukon. In 2005, 128 closure plan completed, approved sites” – those sites created under placer mines produced 70,300 crude and implemented in the Yukon, the watch of Indian and Northern ounces of gold, valued at $27.2 mil- although closure plans were Aff airs Canada (INAC). The Yukon lion, and approximately 450 people required under the Yukon Waters Territory must protect itself against were directly employed at 128 Act.773 major costs that it will be unable to placer mines.772 Some placer opera- bear with its small population and tions are family-owned and some In 2006, the Mine Site Reclamation tax base. have been mining continuously and Closure Policy for hard rock since the gold rush, but they are mines was published. This policy Of those approximately 120 aban- increasingly corporate. The major should improve closure planning. doned mines which have been placer mining centres in the Yukon It requires considerable security for identifi ed, 45 have serious toxic or are Dawson, Whitehorse and Mayo closure and may be one of the bett er physical stability problems.777 There Mining Districts. policies of this type in Canada.774 are four signifi cant “Type II” aban- However, its recommendations doned mine sites under care of the As discussed in more detail earlier, are not enshrined in regulation, Federal government in the Yukon: placer mining will now be regulated and is therefore at the discretion Mt. Nansen, Faro, United Keno under the Yukon Placer Regime. of the Minister of Energy, Mines Hill, and Clinton Creek. Clean-up The new regime is scheduled for and Resources. There is a regula- will be paid for by the federal gov- implementation in the 2008 mining tion now but it only prescribes the ernment under the Contaminated season. Specifi c standards will be set forms of security to be accepted and Sites Action Plan. in each of 16 separate watersheds. provides for appeals by the mining Monitoring will be carried out on company. In short, it fett ers the BYG’s Mount Nansen Mine is an a regular basis, and the standards Minister’s discretion in favour of example of what can go wrong. will be adjusted to reduce negative the industry.775 The policy will not Limited small scale mining and impacts if observed. In areas of high apply to exploration sites or placer milling of high-grade gold and value fi sh habitat mining will only mines. silver veins was conducted at be allowed under a site-specifi c several properties in the Mount authorization under the Fisheries Reclamation costs are determined Nansen area between 1945 and Act by the proponent and then checked 1947, 1966 and 1969, 1975 and 1976, by an independent consultant and 1996 and 1998. The mine closed Mining’s Legacy hired by the Yukon government. in 1998 under the operation of BYG Yukon’s mining history, with its Following this, an amount for secu- resources because it was unable to many openings and closings, has rity is negotiated. The Policy allows meet the terms of its water licence left the Territory with a confusing for security to be assessed and re- and was polluting Dome Creek legacy of abandoned mines and evaluated throughout mine life, with arsenic, cyanide, lead and liabilities. in order to encourage progressive other contaminants. The dam was reclamation. However, this strategy leaky and unstable. A Territorial Approximately 120 abandoned may cause greater environmen- Court judge ruled that the actions of mines have been identifi ed and are tal risks towards the end of the the company “demonstrate an att i- on fi le with the federal Northern mine life, when closure costs may tude consistent with the raping and

6.0 Across Canada’s Boreal 155 Keeping Yukoners safe from pillaging of resources in the Yukon.” The Faro Mine Yukon has had a The government spends $2 million history of problems with its tailings fi res at abandoned mine 787 October 16, 2007 – CBC News per year to maintain the site and pond. Leaks and tailings spills must invest $7 million in reclama- from the tailings impoundment 778 The Yukon government says it’s tion. Each summer, contaminated resulted in elevated levels of lead, taking immediate steps to keep water is pumped from the tailings zinc and arsenic being washed into people away from a growing area to a treatment system before Rose Creek. In March, 1975, two number of fi res at an abandoned discharge. Additional management tailings dams failed and 54 mil- coal mine near Carmacks. of water systems and physical haz- lion gallons of contaminated slurry ards on site is also required. fl owed into Rose Creek, depositing Two government inspectors tailings downstream for a distance Faro Mine were sent Tuesday to the former of 15 km. Charges eventually led to Tantalus Butte site to see what The abandoned Faro mine is being a fi ne of only $4,500. Over several can be done to keep the public cleaned up under the Federal months during the winter of 1976, safe, mineral resources director Contaminated Sites Action Plan, highly toxic levels of cyanide were Bob Holmes told CBC News. with a cost of between $250 and released to Rose Creek. Fisheries $850 million779 for closure and long offi cials observed that this spill “They’re going to be looking term care. resulted in “the waters of Rose at where we can better place and lower Anvil Creek being toxic signage, maybe some fencing, The town of Faro and its mine to [fi sh downstream to] the Pelly are named aft er the gambling River.” Charges led to a fi ne of maybe block some of the road .780 access,” Holmes said. card game of the same name $49,000. The tailings impoundment Located in the Mount Mye area is currently not stable and threatens 788 “Once they’ve come up with a in south-central Yukon, the Faro to spill. plan, then we’ll be going to talk to mine produced lead, zinc, silver the community about it and see and gold. It opened in 1969 and its The site contains approximately if that plan is agreeable to the last shutdown was in 1997. In its 70 million tonnes of tailings and community.” heyday, it represented well over a 320 million tonnes of waste rock third of the economy of the Yukon located across the mine complex, and it was the largest private sector much of which is acid-generating Residents in Carmacks, a village 781 789 of 425 people located 165 employer in the Territory. By or may become acid-generating. kilometres north of Whitehorse, the mid 1970’s, it was the largest Water treatment plants using lime have complained this year of lead-zinc mine in Canada and for a addition have been installed on the seismic activity and increased brief period of time was the largest property, and part of the mill has operating open-pit lead-zinc mine been converted to this purpose. smoke and smells from the 782 Tantalus Butte site. in the world. At peak production Despite water treatment, perpetual it accounted for 15% of the world’s drainage from the mine may result 783 Coal seams have been burning lead and zinc output. in signifi cant loadings to down- deep underground since the mine stream water bodies over the long was abandoned in the late 1970s, The federal government collected term. According to the Faro Project but residents say fi res have been a total of $14 million from mining Management Team’s technical man- burning in more openings this companies in security for the clo- ager Bill Slater, additional ground summer compared to previous sure of Faro Mine. This compares water contamination is just begin- years. with the annual budget for site care ning to show up from the original of the mine in 2007 of $14.6 million, waste rock pile started 40 years ago. paid for by the federal government Rainwater that leached through the under the Federal Contaminated site over many years and has not yet Sites Action Plan.784 The federal gov- shown up as contaminated effl uent, ernment will spend between $250 will show up.790 million785 and $1 billion786 in closure and long term care in today’s dol- The Faro mine received more than lars, depending on which closure $1 billion in public investments in scenario is negotiated. its 25 year life.791 The federal gov- ernment had previously agreed to

156 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest assume responsibility for present Hill area on Nacho Nyak Dun First have been destroyed. Reclamation and future environmental liabili- Nation traditional territory. The includes the use of gabion beds ties at the mine in order to interest property has over nine diff erent (mesh cage) to stabilize waste and a company in re-mining the site.792 mines, which operated between will cost $17-35 million.798 These Economic Development Minister 1914 until 1989 when the price of steps are still considered interim. for the Yukon Government, Trevor silver fell. The last operator, United Harding stated in 1999 that “with Keno Hill Mines att empted unsuc- Collecting from the polluters three to fi ve years of accessible cessfully to reopen the mine in 1996. In January, 2007, the Yukon ore and on-site infrastructure, the The company became insolvent in Supreme Court made a signifi cant [Faro] mine can still contribute over 2000. The federal government sev- decision and set an important prec- one billion dollars in jobs and eco- ered the environmental liability of edent in allowing the federal gov- nomic benefi ts for the economy.”793 the site, although the new owners ernment to pursue the “Oppression In fact, reopening the mine would will manage it.797 The mine was sold Remedy” in recovering costs of not have been feasible without very to Alexco Resource Corp. in April cleanup for the abandoned Mt. high metals prices, and in 2003, 2006 and a closure plan is to be Nansen and Ketza mines operated federal and territorial governments developed. The main environmen- by BYG Resources and a related fi nally acknowledged that the mine tal issue at site is metal-laden water, company YGC Resources. The fed- would not reopen. especially high in zinc fl owing from eral government had been involved old adits. Active water treatment in bankruptcy proceedings against Closure planning in 2007 has using lime is presently carried out. “secured creditors” Ellake Services evaluated the costs of remediation The property has impacted Christal and Cosman that were in fact com- and long-term care for a variety of Lake, Christal Creek, Flat Creek and panies controlled by former princi- options. The least expensive option a portion of the South McQuesten pals of BYG Resources. This ruling involves leaving tailings and waste River. Tailings dams may also be enables the court to “pierce the cor- rock in place, covering them with unstable. porate veil” between the companies soil and revegetating. This option YGC Resources, BYG Resources will cost between $250 to $430 Clinton Creek and their creditors Ellake Services million, creating an estimated 650 Clinton Creek Mine was an asbestos and Cosman, in order to determine person-years of work. The most mine operated by Cassiar Asbestos payment for clean-up at these two expensive option involves pump- Corp. Ltd. from 1967-1978. It mines.799 ing tailings back into the Faro is located 100 km northwest of open pit, fi lling in the Vangorda Dawson in the Tr’ondek Hwech’in The Yukon Water Board issued a pit with waste rock, and covering First Nation traditional territory. Water Licence to Yukon-Nevada and resloping the other waste rock Sixty million tonnes of waste rock Gold Corp. in 2007 for site care and areas. The cost is estimated at $590 have blocked Clinton Creek and maintenance at the Ketza River million to $850 million, creating formed Hudgeon Lake. Flooding gold mine. The president of Yukon- an estimated 1,210 person-years of downstream of the lake during Nevada Gold is Graham Dickson, work.794 Costs for site care in 2007 heavy rains/snowmelt is of concern. also the former president of BYG are $14.6 million.795 The long term stability of the block- Resources, which defaulted on a age is the major concern. Continued cleanup bond and failed to meet Major remediation work is sched- movement of the waste rock pile cleanup orders at the Mt. Nansen uled to take place between 2012 into the lake threatens to eventually Mine. Dickson now wants to and 2024. The cost of providing cause a dam collapse. Temporary reopen the abandoned Ketza mine. long-term care for several hundred measures to prolong stability of Interestingly, the environmental years will run between $2.7 and the dam have been carried out on regulator for Yukon-Nevada Gold $4.5 million annually. Life of the at least two occasions to date. A col- Corp. is a former Yukon govern- long-term care project is estimated lapse of the dam would cause cata- ment mine inspector who promises at 500 years. strophic damage downstream. The to do whatever is required in terms mine also discharged 10 million of environmental protection for There is no walk-away option.”796 tonnes of tailings to the Wolverine new activities at the Ketza mine. Creek Valley, which have spread In granting the two-year Water United Keno Hill and blocked the fl ow of Wolverine Licence, the government required a The fi rst high-grade silver/lead Creek. Fish habitats of Wolverine $3-million bond from the company veins were discovered in the Keno Creek and upper Clinton Creek to cover environmental problems, as

6.0 Across Canada’s Boreal 157 well as the submission of a closure plan by December, 2009.800 A study commissioned by the Department of Indian Aff airs and Northern Development had estimated rec- lamation costs at Ketza at more than $1 million, plus an estimated $7 million to construct and operate a water treatment plant needed to deal with a serious arsenic problem which would require treatment for more than 100 years.801

© Garth Lenz 158 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest 7.0 Conclusions and rehabilitation, site closure plans and monitoring capacity, one of the recommendations fi nancial assurance requirements few areas of federal jurisdiction came into force in 1991.803 over the environment. Cuts have 7.1 Context also reduced government capacity At the federal level, new envi- to provide baseline environmental Political and Regulatory Trends ronmental assessment legislation information against which to track The past two decades have seen and the passage of the Canadian environmental changes, and to a variety of changes in the global Environmental Protection Act both allow a comprehensive approach mining industry, with signifi cant aff ected the mining industry to enforcement. This patt ern is well environmental consequences for and refl ected the public’s desire documented.806 The oft en remote Canada. The infl uence of these for increased environmental location of boreal mines compounds global changes on the domestic protection. this problem. political and regulatory climate cannot be underestimated. Historically, the mining industry Several provinces have experienced had been a shrewd manipulator of dramatic deregulation. Mines The nature of the mining industry, the federal state, playing one level require access to land, and easy particularly its high capital needs of government off against the other access to public lands is facilitated compared to other industries, to achieve self-interested ends.804 through the relaxing of protec- and the increasing concentration Some within the mining industry tive laws and regulations. Mineral of mining interests globally, cre- view the tide of 1980s environmen- exploration has by its very nature ates a determination on the part talism as having caught companies impacts over a large area in terms of industry to lobby potential host “fl at footed” and unprepared to of water quality, wildlife habitat governments for the conditions resist the signifi cant legislative disturbance, etc. Governments most favourable to their operations. and regulatory changes introduced have nevertheless deregulated Government policy can be infl u- by Canadian governments.805 The obligations for exploration. The enced by mining interests, and the industry’s historically sound client Government of Alberta, for exam- mining industry seeks to control relations with governments and ple, had this to say about the envi- the costs occasioned by policy. regulators were suddenly threat- ronmental impacts of exploration: ened by the rise of environmental Increased political notice of envi- stakeholders and demands for Through its regulatory reform ronmental issues in the mid-1980s increased environmental protec- initiatives, Alberta implemented to the mid-1990s encouraged fed- tion, transparency, and accountabil- codes for activities that had low eral and provincial legislators to ity on the part of industry. potential for adverse eff ects and begin developing a comprehensive where few or no statements of legislative and regulatory frame- The green agenda was short-lived, concern had been received under work to control the environmental and by the mid-1990s, in mining the approval process. Exploration impacts associated with the various jurisdictions such as Ontario, most met both criteria.807 stages of mining. of the progressive elements were being deregulated or weakened. In Ontario, in January 1996, Bill During the early 1990s, Ontario led New signifi cant gaps opened in the 26 (the omnibus Savings and the other provinces in introduc- environmental regulatory frame- Restructuring Act) made profound ing tighter controls over explo- work governing mining. British changes to the Public Lands Act, ration and mining activities on Columbia was similarly affl icted a removing a statutory requirement Crown lands, and the sett ing of decade later. for approval from the Minister of new standards for limiting toxic Natural Resources before any activ- effl uent through the Metal Mining Cuts to budgets of federal and pro- ities could be undertaken on public regulations under the Municipal / vincial ministries made persistently lands or aff ecting public water- Industrial Strategy for Abatement over the last decade and a half ways. The changes allowed Cabinet (MISA). Ontario set legal require- have meant a decreased capacity to defi ne if and when regulatory ments for the reclamation of mine to monitor environmental change approvals would be required.808 By sites and other measures including caused by human activity, includ- November 1996, mineral explora- the posting of security for recla- ing mining. Particularly problem- tion activities on public lands were mation costs. Amendments to the atic were the signifi cant cuts in completely de-regulated, includ- Mining Act802 requiring progressive the federal fi sheries inspection and ing clearing, mechanical stripping, 7.0 Conclusions and Recommendations 159 bulk sampling, drilling and blast- holders of mineral tenure where ing, moving heavy equipment and their tenure is expropriated to drilling rigs and building trails.809 establish a protected area.812 Another regulation made under bill 26 amended Ontario’s Environmental When the Act was introduced, BC Protection Act to grant mine devel- Premier Glen Clark said it was opers immunity from liability intended to make mining “an easier for pre-existing mine hazards on and more certain process in this brownfi eld sites.810 province.”813

Other mining reforms from the In recent years, the devastating early 1990s in Ontario were also rollbacks in the mining rules in dismantled: British Columbia have continued, • The requirement to post “realiz- including: able fi nancial securities” against • In 2002 a section of BC’s Mineral the risk of bankruptcy and public Tenure Act that prohibited liability for mine closure costs mining companies from inter- was eliminated, and replaced fering with private landowner with an option for mining com- activities was repealed. The panies to “self assure,” mean- amendment also prevented ing they could meet a fi nancial the Mediation and Arbitration means test instead for posting Board from denying explora- real securities; tion companies access to their • Information respecting fi nancial mineral claims even in instances assurances for mine closures where the mining activity and submitt ed to government would aff ect other private busi- was exempted from access to ness operations.814 information legislation, making • In 2003 the Mineral Exploration public access to such informa- Code was rewritt en and restric- tion less likely; tions on radioactive pollution • Annual reporting requirements were loosened, the rules about to the Ministry of Northern building environmentally Development and Mines on friendly access roads were mine closure plans were elimi- eliminated, and the distance nated, which meant the loss of that a mining operation must a key measure of accountability be set back from a wetland or in implementation of plans; stream was reduced from 50 to • Holders of mining claims were 10 meters.815 exempted from statutory liabil- • In 2004, a new cabinet position, ity for “pre-existing mine haz- the Minister of State for Mining, ards,” if they surrender their was created, eff ectively giving leases within twelve months of the mining and forestry indus- the Bill 26 amendments to the tries two voices at the cabinet Mining Act.811 table; the abolished environ- ment ministry has none.816 Similar changes took place in • In 2005, BC replaced its tradi- British Columbia, beginning in tional claim staking method the late 1990’s. The Mining Rights with an Internet system which Amendment Act, 1998, suff ered two resulted in a massive increase in fundamental changes: the number of claims staked in • Holders of mineral claims the province.817 allowed access to all areas out- • Posting of security against side of parks; clean-up costs became discre- • The right to compensation for tionary in British Columbia.818

160 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Rules for posting security against There were (and continue to be) including increased demand and the risk of environmental damage a dizzying number of diff erent related increases in commodity vary among other Canadian juris- policy initiatives under the Smart prices. For example, the average dictions. Many of these regimes are Regulation program. Several of price of copper rose from an aver- subject to discretion, which may them are discussed in Section 5, age between 1994-2004 of about $1 compromise the public interest in and will be signifi cant in terms of a pound to $1.71 in 2005 and more consistency and certainty that sites the Canadian regulatory regime’s than doubled the following year. For are well maintained. Manitoba, for ability – and reliability – in protect- copper producers like Falconbridge example, accepts several alternative ing the environment and public (now owned by Xstrata) this trans- forms of security.819 health from the adverse eff ects lated into a windfall of about $37 of mining and metal production. million for every 5-cent increase in Equally counter-productive chang- Changes include the Major Projects the price.823 es are also being entertained at Management Offi ce, amendments the federal level. Aft er two years to the Fisheries Act, changes to the While mineral prices have risen and of study by the External Advisory Department of Fisheries and Oceans fallen in “boom and bust” cycles for Committ ee on Smart Regulation, Habitat Management Policy, and generations, some analysists now a report was released by Treasury the politicization of the Canadian calling the current boom period Board President Reg Alcock on Nuclear Safety Commission. part of a prolonged “super-cycle.” March 24, 2005. The report includ- With the rise in demand for metals ed forty recommendations which, Markets and Commodities coming from across the so-called if implemented, would streamline Times are very good for the mining “BRIC” nations - Brazil, Russia, the regulatory approval process industry in Canada. A seven-year India and China - there is some to harmonize standards with the slump ended in 2004, and by 2005 thinking that prices could remain United States and speed up regula- prices and profi ts were on their way high for a considerable period of tory approval.820 up and they haven’t stopped yet. time in response to continued high In 2006, the value of mined metal demand.824 The proposed changes have production increased by a dramatic proceeded under the current 45% to $21.2 billion, while the value However, as discussed in more Government, although without the of non-metallic mine production in detail in Section 5.3, others are cau- “Smart Regulation” banner. At the 2006 was $10.2 billion. tioning that the present boom may heart of the plan is a triage system not be a long-term phenomenon, at for all regulation which uses “risk The latest survey results (2006 pre- least not in Canada, given that: assessment” to divide regulation liminary estimates and 2007 spend- • Canadian mineral reserves are into low, medium and high risk ing intentions as of March 2007) relatively limited, despite high categories and eff ectively deregu- include exploration and deposit levels or exploration funding in late the low risk items. Most risk appraisal expenditures at roughly recent years; assessments are theoretical models 2500 properties across the country, • With 85% of Canadian exports that depend on thresholds set by reported by 732 project operators destined for the United States, political decisions. A 1997 study by (including 13 prospectors/prospec- a weak American economy Health Canada presented at a work- tor groups). is a large factor for Canadian shop of the National Orphaned/ exports; Abandoned Mines Initiative The survey results confi rm a con- • China is emerging not only as (NOAMI) in November 2005 found tinuing increase in activity since the world’s largest consumer that risk assessment results were the last downturn, recorded in the of raw materials but may also highly variable and unreliable. A 1999-2001 period in Canada. As become one of the worlds larg- comparison of results from four already noted, total expenditures est mineral producers; and contractors looking at the risk of reached $1.7 billion in 2006, up 32% • Costs of new mine development gett ing cancer from polyvinyl chlo- from 2005, and a further increase are outstripping metal prices, ride exposure diff ered from one of 9% to $1.9 billion is indicated and - combined with less avail- another by a factor of 100,000,000. for 2007. Total expenditures have able credit - are inhibiting start- Three times out of ten, the consul- now surpassed $1 billion for four up of many marginal mines. tants underestimated risk by 60 to straight years.822 146 times.821 The high levels of profi t and activity Public Expectations are due to a combination of factors, One public opinion poll aft er

7.0 Conclusions and Recommendations 161 another over the last two years has 7.2 A Call for Change shown increasing levels of public Mining losing the public concern over the environment and What emerges is a recipe for relations battle growing dissatisfaction with the change: two decades of environ- Apr. 17, 2007- Northern Life environment-related performance mental rollbacks are now viewed of government and industry. In with dissatisfaction by a public that The mining sector is ignoring 2006-2007, environmental issues identifi es the environment as their the green light at the end of overtook health care as the top con- top concern and expects to exercise 826 the tunnel that is attached to a cern of Canadians. their right to public participation. 100-ton locomotive driven by This same public has identifi ed the environmental movement. When CBC News and Environics both government and industry as The collision is going to be Research Group conducted a pub- poor performers on the environ- messy. It will impact the industry lic opinion poll in early November mental front, and has bett er access at a time when the voracious 2006 on the issues of greatest public to information and communication metal demands of China and concern. When asked about the fed- tools than ever before. India could bring enormous eral approach to the environment, prosperity to Canada’s northern 71% of respondents replied that the Combine these two potent factors and aboriginal communities as government’s approach was not with an industry that is more than 827 well as impoverished countries tough enough. prosperous, and it is easy to see why around the world. Canadians are fed up. They know One year later, a second study the mining sector is cash-rich, and There is no doubt that done by Environics – the Canadian crowing publicly about its good environmental issues dominate Environmental Barometer – fortune. The weak excuses of just society’s cultural and political reported that it is not only govern- a few years ago, when the industry agendas. ment that Canadians view critically cried “poor” in response to any and on questions of environmental all suggestions of investing in bett er On the political front, the performance. When asked to rate technologies that might improve new found commitment to the eff orts in addressing the envi- environmental performance, just environmentally green initiatives ronmental issues facing the country don’t hold water today. by the McGuinty and Harper today, the public is largely critical governments spell enormous of almost everyone, including the Good decisions can be and are being challenges for an industry that federal government, provincial made – decisions that are based on most urbanized Canadians still governments and Canadian busi- the public interest and on long- feel is a major source of habitat ness and industry. The strongest term sustainability. One example destruction and pollution.825 criticism is levelled at business and is the independent Joint Review industry, with more than four in ten Panel established to conduct the giving them a poor rating for their Environmental Assessment of the environmental performance.828 Kemess North Project, a huge open pit copper and gold mine in north- A newly-released poll by the ern British Columbia. In a landmark “Development of the Kemess Environmental Monitor research decision, the Panel said “no” to the North Copper/Gold Project in program confi rmed the fi nd- project because it was not “in the its present form would not be in ings of previous studies. The poll public interest.” the public interest. In the Panel’s results, released in September 2007, view, the economic and social indicated that seven in ten (70%) The Panel developed and applied benefi ts provided by the Project, Canadians now call this country’s fi ve critiera for sustainability: on balance, are outweighed by pollution laws inadequate, up • Environmental Stewardship; the risks of signifi cant adverse sharply from 11 years ago when • Economic Benefi ts and Costs; environmental, social and cultural fewer than half (41%) felt this • Social and Cultural Benefi ts and effects, some of which may not way.829 Costs; emerge until many years after • Fairness in the Distribution of mining operations cease.”831 Benefi ts and Costs; and • Present versus Future Genera- tions.

162 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest The Panel noted that the Project’s • Mineral rights are granted • Aboriginal peoples are con- benefi ts would accrue for only a through a planning process sistently recognized as having relatively short period (two years of that considers the variety of rights to the land and natural construction and 11 years of mining possible land uses and their resources and are engaged in production) while the adverse compatibility. Currently, min- decision-making early and eff ects would be long-term. They eral rights are disposed of equally. Currently, govern- would include the loss of a natural through a “free entry” system ments frequently neglect their lake with important spiritual values where mineral rights for 90% of duty to consult and accommo- for Aboriginal people, and the cre- the land base are claimed on a date Aboriginal interests, or do ation of a long-term environmental fi rst-come basis, with no regard so on a limited basis by identi- legacy of acid mine drainage which for other land uses. The system fying First peoples as “stake- would continue for several thou- assumes that mining is the best holders” rather than “rights- sand years.830 and highest form of land use, holders.” While the Canadian and tramples other natural, Constitution and a growing Change has, in fact, begun. Where social, economic and cultural set of case law recognizes the do we go next? values, including Aboriginal rights of Aboriginal people, the land rights. “honour of the Crown” is oft en We set out some fundamentals for sacrifi ced to private interests, a new approach to the treatment • Revenues from mining activi- such as mine developers or of public resources, including ties are fairly shared with exploration companies. minerals. The changes suggested Aboriginal and other aff ected below provide a solid basis for fur- communities. Currently the • Public participation processes ther detailed steps that need to be mining industry receives large are early, accessible and sup- worked out in specifi city for each subsidies from government and ported, with transparency in jurisdiction. They provide a frame- pays a small percentage of their decision-making and conve- work that will protect the boreal profi t back to the provincial/ nient access to information. forest for future generations and territorial and federal govern- Currently the public has few ensure that mineral exploration ments in taxes. An even smaller opportunities to aff ect decisions and production takes place within percentage goes to local com- being made about the mining the context of sustainability. munities, if any at all, despite process, and those limited the tremendous environmental opportunities are usually late Imagine the day when: and social burdens they bear. in the decision-making process, just before permits are about • Regulations and pollution • Environmental Assessments to be issued. Few resources are limits are based on protecting are comprehensive and par- available to support Aboriginal human health and the environ- ticipatory, begin as early as the or other local communities’ ment; monitoring for environ- prospecting stage and eff ec- participation or their need for mental eff ects and compliance tively evaluate projects and technical assistance and peer ensures eff ective implemen- policy from the perspective reviews. tation. Current standards are of long-term sustainability. largely based on “Best Available Currently, the greatest majority • Full-cost accounting, public dis- Technology Economically of environmental assessments closure, and the ‘polluter pays’ Achievable.” The limits were done in Canada have litt le or no principle are implemented set in the 1990s based on stud- public participation and use a in the market place through ies of what technologies were narrow defi nition of the project. tighter securities reporting then available and aff ordable Frequently, projects are spilt into and disclosure requirements. for treating mine discharges diff erent components to limit Currently, fi nancial regulations before release. Monitoring is the scope of an environmental limit themselves to protect- largely done through review of assessment or even avoid one, ing the short-term interests of company test results, with very and there is oft en litt le or no shareholders. Companies and infrequent fi eld monitoring and public input in designing the shareholders that create liabili- litt le evaluation to determine if review process. ties should clearly be respon- the regulations are eff ectively sible for a proper clean-up. At protecting the environment. the same time, government

7.0 Conclusions and Recommendations 163 must begin to act in the ‘public interest’, as long-term land stewards, by sett ing high recla- mation standards that promote sustainability, and preventing those operations that do not make an adequate contribution from off -loading their costs.

These seven broad sets of changes would provide a fundamental re- orientation of environmental regu- lation for the mining sector. There has never been a bett er time than the present to begin.

© Terry Gong

164 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Endnotes

1 Canadian Geographic. “The Boreal Forest” map. Date unknown. 2 Canadian Boreal Initiative, “The Boreal in the Balance: Securing the Future of Canada’s Boreal Region”. 2005 3 Anielski, Mark and Sarah Wilson, “Counting Canada’s Natural Capital: Assessing the Real Value of Canada’s Boreal Ecosystems”, Pembina Institute, November 2005 4 Senate Subcommitt ee on the Boreal Forest. 29/06/1999. Competing Realities: The Boreal Forest at Risk. News Release quoting Senator Taylor. 5 Schindler, David W. Sustaining Aquatic Ecosystems in Boreal Regions. Conservation Ecology 2(2):18. 1998. 6 Nikiforuk. Ecologist Gives Canada’s Boreal Forest 50 Years to Live. 7 Nikiforuk. Ecologist Gives Canada’s Boreal Forest 50 Years to Live 8 See reading list in report appendices. 9 Boreal Forest Network. The Boreal Forest: A Global Crisis in the Making. Undated. www.borealnet.org/overview/ index.html 10 Schindler. Sustaining Aquatic Ecosystems. 11 Canadian Boreal Initiative, “The Boreal in the Balance: Securing the Future of Canada’s Boreal Region”. 2005 12 Nikiforuk. Ecologist Gives Canada’s Boreal Forest 50 Years to Live. 13 Schindler. Sustaining Aquatic Ecosystems. 14 Fuller, W.A. Energy as an Ecological Factor in the Mid-North. Essays on Mid-Canada. Maclean-Hunter Ltd. Toronto. 1970. 15 Schindler. Sustaining Aquatic Ecosystems in Boreal Regions. 16 Schindler. Sustaining Aquatic Ecosystems in Boreal Regions. 17 Sierra Club of Canada. Boreal Forest Ecoregion. www.sierraclub.org/ecoregions/boreal. Undated. 18 Rowe, J.Stanley. Forest Regions of Canada. Department of the Environment, Canadian Forestry Service, Publication No. 1300. 1972. 19 Rowe, J.Stanley. Forest Regions of Canada. Department of the Environment, Canadian Forestry Service, Publication No. 1300. 1972. 20 Minister of the Environment. The State of Canada’s Environment. 21 Sierra Club of Canada. Boreal Forest Ecoregion. 22 Schindler. Sustaining Aquatic Ecosystems in Boreal Regions. 23 Schindler. Sustaining Aquatic Ecosystems in Boreal Regions. 24 Urquizo, Natt y, Tom Brydges and Harvey Shear. Ecological Assessment of the Boreal Shield Ecozone. The Ecological Monitoring and Assessment Network, Environment Canada, 4th National Science Meeting, January 21-24, 1998. 25 Rowe. Forest Regions of Canada. 26 “Canadian Mineral Exploration and Deposit Appraisal:Exploration Levels Approaching $2 Billion Per Year”, Exploration Information Bulletin, March 2007, as found at www.nrcan.gc.ca/ms/pdf/explore-07_e.pdf 27 “Canadian Mineral Exploration and Deposit Appraisal:Exploration Levels Approaching $2 Billion Per Year”, Exploration Information Bulletin, March 2007, as found at www.nrcan.gc.ca/ms/pdf/explore-07_e.pdf 28 “Canadian Mineral Exploration and Deposit Appraisal:Exploration Levels Approaching $2 Billion Per Year”, Exploration Information Bulletin, March 2007, as found at www.nrcan.gc.ca/ms/pdf/explore-07_e.pdf 29 “Canadian Mineral Exploration and Deposit Appraisal:Exploration Levels Approaching $2 Billion Per Year”, Exploration Information Bulletin, March 2007, as found at www.nrcan.gc.ca/ms/pdf/explore-07_e.pdf 30 Canadian Minerals Yearbook 2006, Canadian Overview 31 Canadian Minerals Yearbook 2006, Canadian Overview 32 Canadian Minerals Yearbook 2006, Canadian Overview 33 Canadian Minerals Yearbook 2006, Canadian Overview 34 Canadian Minerals Yearbook 2005, Canadian Overview 35 Canadian Minerals Yearbook 2005, Canadian Overview 36 Canadian Minerals Yearbook 2006, Canadian Overview 37 Canadian Minerals Yearbook 2006, Canadian Overview 38 Canadian Minerals Yearbook, 2005, Statistical Report, Table 27 39 “Shatt ering the Myth of Pollution Progress in Canada: National Report”, Pollution Watch, December 2004 40 Aneilski, Mark, and Wilson, Sara. Counting Canada’s Natural Capital: Assessing the Real value of Canada’s ecosystems, The Canadian Boreal Initiative and the Pembina Institute, 2006 41 Canadian Minerals Yearbook 2005, Canadian Reserves of Selected Major Metals, and Recent Production Decisions 42 National Science Foundation htt p://www.physorg.com/printnews.php?newsid=9971 43 Urquizo, Brydges and Shear. Ecological Assessment of the Boreal Shield Ecozone. 44 Schindler. Sustaining Aquatic Ecosystems in Boreal Regions.

Endnotes 165 45 Boreal Forest Network. A Global Crisis in the Making. 46 Boreal Forest Network. A Global Crisis in the Making 47 Mackinnon, Mark. Acid Rain is Still a Lake Killer. Globe and Mail. July 7, 1999. 48 Mackinnon, Mark. Acid Rain is Still a Lake Killer. Globe and Mail. July 7, 1999. 49 Schindler. Sustaining Aquatic Ecosystems in Boreal Regions. 50 Schindler. Sustaining Aquatic Ecosystems in Boreal Regions. 51 Schindler. Sustaining Aquatic Ecosystems in Boreal Regions. 52 Freedman and Beauchamp. 1998. Implications of Atmospheric Change for Biodiversity of Aquatic Ecosystems in Canada. Environmental Monitoring and Assessment. Volume 49. 53 W. Kurz and M. Apps, “A 70 Year Retrospective Analysis of Carbon Fluxes in the Canadian Forest Sector”, in Ecological Applications, 9(2), 1999, pp. 526-547.) Since boreal forests on average store slightly less carbon per hectare than the ‘average’ Canadian forest, a conservative estimate is that they hold 60-65% of Canada’s total forest carbon. 54 IPCC, Land Use, Land Use Change and Forestry (2000), Summary for Decision Makers. 55 Canada’s estimated fossil fuel emissions in 2004 were 758 Mt of CO2e (Environment Canada, Summary of Canada’s Greenhouse Gas Inventory, 1990-2004). 56 Urquizo, Brydges and Shear. Ecological Assessment of the Boreal Shield Ecozone. 57 htt p://www.parl.gc.ca/36/1/parlbus/commbus/senate/com-e/bore-e/rep-e/rep09jun99part2-e.htm#Cumulative%20 Impacts%20of%20Developments 58 htt p://www.parl.gc.ca/36/1/parlbus/commbus/senate/com-e/bore-e/rep-e/rep09jun99part2- e.htm#Cumulative%20Impacts%20of%20Developments 59 Environment Canada, “Canada’s Mining Sector: Environmental Scan”, April 2007 60 Environment Canada, “Canada’s Mining Sector: Environmental Scan”, April 2007 61 Environment Canada, “Canada’s Mining Sector: Environmental Scan”, April 2007 62 Environment Canada, “Canada’s Mining Sector: Environmental Scan”, April 2007 63 Campbell, Karen “Undermining Our Future:How Mining’s Privileged Access to Land Harms People and the Environment”, West Coast Environmental Law Association, January 2004 Science North. On-line glossary of mining terms. htt p://www.sciencenorth.on.ca/learn/groundwork/CIMeng/glossary/gl-stakd.htm 64 Environmental Mining Council of B.C. More Precious than Gold: Mineral Development and the Protection of Biological Diversity in Canada. Prepared on behalf of World Wildlife Fund Canada. 1998. 65 Campbell, Karen “Undermining Our Future:How Mining’s Privileged Access to Land Harms People and the Environment”, West Coast Environmental Law Association, January 2004 66 Campbell, Karen “Undermining Our Future:How Mining’s Privileged Access to Land Harms People and the Environment”, West Coast Environmental Law Association, January 2004 67 Campbell, Karen “Undermining Our Future:How Mining’s Privileged Access to Land Harms People and the Environment”, West Coast Environmental Law Association, January 2004 68 Campbell, Karen “Undermining Our Future:How Mining’s Privileged Access to Land Harms People and the Environment”, West Coast Environmental Law Association, January 2004 69 “Ontario’s Mineral Development Strategy”, Ministry of Northern Development and Mines, Ontario, 2006 70 Gray, John “Not in your backyard?” March 12, 2007 issue of Canadian Business magazine 71 Salcito, Kendyul, “Infuriated landowners rally to regain control of their property” The Tyee, June 14, 2006 72 Algonquins sue Ont., mining fi rm over uranium site, CBC News, September 18, 2007 73 Campbell, Karen “Undermining Our Future:How Mining’s Privileged Access to Land Harms People and the Environment”, West Coast Environmental Law Association, January 2004 Algonquins sue Ont., mining fi rm over uranium site, CBC News, September 18, 2007 74 Campbell, Karen “Undermining Our Future:How Mining’s Privileged Access to Land Harms People and the Environment”, West Coast Environmental Law Association, January 2004 75 Personal Communication with Brennain Lloyd, Northwatch, member of the Whitehorse Mining Accord Leadership Council. 76 Correspondence from the Canadian Arctic Resource Committ ee, dated April 15, 1997 77 Sean Farrell, Michael Friedman, Mary-Ann Haney, Robert McDermott , Michael Peterson and Jeff ery Snow, “Mining in 32 Jurisdictions Worldwide”, llan Binch Mendelsohn LLP, 2007 78 Environmental Mining Council of B.C. 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Ammonia Control Consortium. Undated. 201 Greenpeace Canada. Chlorine Fact Sheet. 2000 Endnotes 169 202 U.S. Environmental Protection Agency. Hydrochloric Acid:Toxic Chemical Release Reporting. Federal Register: November 15, 1995 (Volume 60, Number 220), Page 57382-57386 203 Cheng, M. and L. Mori. “The ABC’s of Acid Rain”, Queens University, Undated. 204 “Threats to Water Availability in Canada”, NWRI Scientifi c Assessment Series, No. 3, Environment Canada, 2004, as found at www.nwri.ca/threats2full/ch9-2-e.html 205 “Mixing Zones in Mining Effl uent Discharges: Summary of C of A Review”, Northwatch, October 2007, unpublished 206 Sumi. Environmental Mining Primer. pg 152-156 207 Environmental Mining Council of B.C. Undermining Biodiversity. 208 Birtwell, I.K. Eff ects of Sediments on Fish and Their Habitat. Department of Fisheries and Oceans Canadian Stock Assessment Secretariat Research Document 99/139. Summary. p 5. 1999 209 U.S. Environmental Protection Act. Placer Mining Fact Sheet “Threat: Mining, Impact: Freshwater”. htt p://www. epa.gov/bioiweb1/html/mining.html. Undated. 210 “There are No Clean Diamonds”, MiningWatch Canada, December 6, 2006, htt p://www.miningwatch.ca/index. php?/BHPBilliton/No_Clean_Diamonds 211 Personal communication with Sue Moodie, Yukon Conservation Society. November 16, 2001. 212 Yukon Conservation Society. YCS Examines Mining. 213 Government of Yukon. News Release: Yukon Government Announces Funding for Yukon Placer Regime. April 27, 2007. 214 “Industrial Water Use, 1996”, Prepared by: Dave Scharf, David W. Burke, Michel Villeneuve, Luis Leigh, Environmental Economics Branch, Environment Canada, published 2002 215 “Industrial Water Use, 1996”, Prepared by: Dave Scharf, David W. Burke, Michel Villeneuve, Luis Leigh, Environmental Economics Branch, Environment Canada, published 2002 216 “Industrial Water Use, 1996”, Prepared by: Dave Scharf, David W. Burke, Michel Villeneuve, Luis Leigh, Environmental Economics Branch, Environment Canada, published 2002 217 Ontario’s Environmental Bill of Rights Electronic Registry postings for Cochrane District, November 2000 to November 2001 218 Ontario Environmental Bill of Rights Registry # 1A01E1485 219 Wilbur, Stephen. Drawdown Impacts and Proposed Mitigation - Nayshkootayow River Victor Diamond Project EA, June24, 2004 220 Carpenter, Lenny. Proposed DeBeers Activity would contaminate fi sh, prof says. Wawatay News, Nov1, 2007 221 Pollutionwatch.org as found at htt p://www.pollutionwatch.org/facility.do?chemGroup=ALL&year=2005&pollutio nType=TOTAL_ALL_TONE&src=GHG&npriId=1070 222 “National Inventory Report, 1990-2004 - Greenhouse Gas Sources and Sinks in Canada”, The Canadian Government’s Submission to the UN Framework Convention on Climate Change, April 2006, as found at htt p:// www.ec.gc.ca/pdb/ghg/inventory_report/2004_report/toc_e.cfm 223 McDougal, B., I. Morton and E. Schwartzel. Breathable Air in Your Community: A community action guide on air quality. Ontario Environment Network. 1994. 224 Environment Canada. 1995 Criteria Air Contaminant Emissions for Canada. www.ec.gc.ca/pdb/ape/ape_tables/ canada95_e.cfm 225 Environment Canada “Clean Air On-line”, Base Metals Smelters 226 Environment Canada Acid Rain Fact Sheet. Undated htt p://www.msc-smc.ec.gc.ca/cd/factsheets/acidrain/index_e. cfm 227 Birmingham Department of Health. Advisory Group on the Medical Aspects of Air Pollution Episodes, Second Report: Sulphur Dioxide, Acid Aerosols and Particulates. United Kingdom. Undated. 228 Manitoba Environment. Flin Flon and Sulphur Dioxide: Eff ects on People and the Environment. Manitoba Health, Manitoba Environment. Information Bulletin No. 95-30E. December 1995 229 Ontario Ministry of the Environment. Draft Directors Order for the control of Sulphur Dioxide. Item Section 1.10, page 2-3. September 11, 2001. 230 Manitoba Environment. Flin Flon and Sulphur Dioxide: Eff ects. 231 Moodie, Sue. Mine Monitoring Manual: A Resource for Community Members. Yukon Conservation Society. 2001. 232 Canadian Environmental Defence Fund. Dirty Dozen Exposed. 233 National Pollutants Release Inventory. 1999. 234 Manitoba State of the Environment Report 1997, Issues and Trends Section. 235 Falconbridge Limited. Report for the Year 2000. Highlights.htt p://www.falconbridge.com/pdfs/Sustainable_ Deve_2000_High.pdf 236 Canadian Environmental Defence Fund. News Release. Dirty Dozen Exposed - Mining Smelters Release Tons of Poisons. January 23, 2001. 237 Birmingham City Council Environmental and Consumer Services. Air Quality Monitoring: Data from Birmingham’s Automatic Monitory Systems. May, 2001. 170 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest 238 “Environmental Aspects of Uranium Mining”, UIC Briefi ng Paper 10, February 2006, as found at htt p://www.uic. com.au/nip10.htm 239 “Environmental Aspects of Uranium Mining”, UIC Briefi ng Paper 10, February 2006, as found at htt p://www.uic. com.au/nip10.htm 240 “Fact Sheet on Uranium Radioactivity and Human Health”, Volume 1, No. 1, November 2007, as found at htt p:// www.ccamu.ca/fact-sheet.htm 241 Field, R. William, Ph.D., M.S. “Radon Occurrence and Health Risk”, Department of Occupational and Environmental Health, Department of Epidemiology, College of Public Health, University of Iowa, as found at htt p://www.cheec.uiowa.edu/misc/radon_occ.pdf 242 Diehl, Peter “Uranium Mining and Milling Wastes: An Introduction”, World Information Service on Energy, August 2004, as found at htt p://www.wise-uranium.org/uwai.html 243 “Environmental Aspects of Uranium Mining”, UIC Briefi ng Paper 10, February 2006, as found at htt p://www.uic. com.au/nip10.htm 244 ”Handbook For Mineral and Coal Exploration in British Columbia: A Working Field Guide” British Columbia Ministry of Energy, Mines and Petroleum Resources and Ministry of Environment, Working Draft - March 2006 245 “Questions concerning uranium exploration in Québec”, Ministre des Ressources naturelles et de la Faune, as found online at ”Questions concerning uranium exploration in Québec”, Ministre des Ressources naturelles et de la Faune, as found online at htt p://www.mrnf.gouv.qc.ca/english/mines/uranium.jsp#5 246 “Fact Sheet on Uranium Radioactivity and Human Health”, Volume 1, No. 1, November 2007, as found at htt p:// www.ccamu.ca/fact-sheet.htm 247 htt p://www.nrtee-trnee.ca/eng/publications/boreal-futures/boreal-futures-eng.pdf 248 From htt p://atlas.nrcan.gc.ca/site/english/maps/economic/rdc2001/rdcmin/1. 249 Environmental Mining Council of B.C. 2001. Mining in Remote Areas, Issues and Impacts. Produced for MiningWatch Canada / Mines Alerte. 250 By authority of the Minister of the Environment. 1996. The State of Canada’s Environment. Minister of Public Works and Government Services, Ott awa. 251 Assembly of First Nations National Indian Brotherhood. 2001. Yukon’s Growing Pains:www.afn.ca 252 Environmental Mining Council of B.C. 2001. Mining in Remote Areas, Issues and Impacts. Produced for MiningWatch Canada / Mines Alerte. 253 Mining Association of Canada, Facts and Figures 2002, Table 15. The mining industry usually includes quarrying, coal mining and non-metal mines when they talk about employment in mining, which doubles the fi gure. If smelters and refi neries are added to the fi gure, the number is increased by 20,811 254 Jen, Lo-Sun. 2000. Canadian Mine Openings, Closings, Expansions, Extensions and New Mine Developments in 2000. htt p://www.nrcan.gc.ca/mms/cmg/content/06.pdf and MiningWatch Canada and the Pembina Institute. Looking Beneath the Surface: Assessing the Value of Public Support for the Metal Mining Industry in Canada,. MiningWatch Canada, Ott awa. 255 Reid, L. 1986. Ghost Town/Boom Town. Marathon, Ontario in Equinox, Fall, pp. 90-95 256 Environmental Mining Council of B.C. 2001. Mining in Remote Areas, Issues and Impacts. Produced for MiningWatch Canada / Mines Alerte. 257 Kuyek, Joan and Coumans, Catherine. No Rock Unturned: Revitalizing the Economies of Mining Dependent Communities, page 11 258 CCSG Associates. Overburdened: Understanding the Impacts of Mineral Extraction on Women’s Health in Mining Communities, MiningWatch Canada, 2004 259 Miningwatch Canada/MinesAlerte. 2000. On the Ground Research: A Research Agenda for Communities Aff ected by Large-Scale Mining Activity, 2002. 260 Mawhinney, anne Marie and Jane Pitblado. Boom town blues - Elliot Lake: collapse and Revival of a Single Industry Town, Dundurn, Toronto 1998 261 Personal communication, Pierre Belanger, Campaign Against the Adams Mine, September 2000 262 Personal communication, Dr. Richard Denton, former Mayor of Kirkland Lake, September 2000 263 Kuyek, Joan and Coumans, Catherine. No Rock Unturned: Revitalizing the Economies of Mining Dependent Communities, page 12-14 264 Senate subcommitt ee on the boreal forest, Competing realities; The Boreal Forest at Risk 265 NAFA: htt p://www.nafaforestry.org/documents/BorealReportFeb2006.pdf 266 Senate subcommitt ee on the boreal forest, Competing realities: The Boreal Forest at Risk, submission by S. Ginnish, Forestry Offi cer, Eel Ground First Nation, Proceedings of the Subcommitt ee on the Boreal Forest of the Standing Senate Committ ee on Agriculture and Forestry, Issue 11, November 3, 1998, p.11:32 267 T.M. Beckley and B.H. Hirsch. “Subsistence and non-industrial forest use in the lower Liard Valley,” Northern Forestry Centre Information Report NOR-X-352, Canadian Forest Service, 1997 268 Beckley and Hirsch, page 20 269 M. Anderson, Presentation made to Task Force on the Boreal Forest, Standing Senate Committ ee on Agriculture Endnotes 171 and Forestry, November 9, 1996 270 Northgate Minerals EIA, Page 327 271 Northgate EIA, Appendix 9-page 125 272 MiningWatch Canada comment on the Kemess North EA 273 CEAA, Comprehensive Study Report, Victor Diamond Project, Appendix F 274 CEAA, Comprehensive Study Report, Victor Diamond Project, Appendix F 275 Zillman, Donald N. (Editor), Alistair Lucas (Editor), George Pring (Editor), “Human Rights in Natural Resource Development: Public Participation in the Sustainable Development of Mining and Energy Resources”, Oxford University Press, USA, 2002 276 Zillman, Donald N. (Editor), Alistair Lucas (Editor), George Pring (Editor), “Human Rights in Natural Resource Development: Public Participation in the Sustainable Development of Mining and Energy Resources”, Oxford University Press, USA, 2002 277 J.R. Parkins, S. Nadeau,1 L. Hunt,2 J. Sinclair,3 M. Reed,4 and S. Wallace1, “Public Participation in Forest Management:Results From a National Survey of Advisory Committ ees”, INFORMATION REPORT NOR-X-409, Canadian Forest Service Northern Forestry Centre, 2006 278 ”Understanding the Metal Mining Environmental Eff ects Monitoring Program” as found online at htt p://www. ec.gc.ca/eem/English/Publications/MMdoc/default.cfm 279 Metal Mining EEM Guidance Document, Chapter 10 - Public Involvement, June 2002 280 Metal Mining Environmental Eff ects Monitoring Review Team Report, August 2007 281 “Environment Canada Announces Actions to Reduce Pollution from Base Metals Smelters”, May 2006, as found at htt p://www.portofentry.com/site/root/resources/industry_news/3812.html 282 Environmental Code of Practice for Base Metals Smelters and Refi neries: Code of Practice, Canadian Environmental Protection Act, 1999 283 “Application Requirements for A Permit Approving the Mine Plan and Reclamation Program Pursuant to the Mines Act”, as found at htt p://www.em.gov.bc.ca/Subwebs/mining/Project_Approvals/permreq/default.htm 284 “Preparing for the Future of Québec’s Mineral Sector: Consultation Paper On TheQuébec Mineral Strategy”, 2007 285 “Canadian Mining Law and the Impacts on Indigenous Peoples Lands and Resources”, Backgrounder for a presentation to the North American Indigenous Mining Summit, Joan Kuyek, National Co-ordinator, MiningWatch Canada, July 2005 286 Sierra Legal / MiningWatch Canada. Federal Court Hears Case Against BC Open-Pit Copper and Gold Mine. June 2007. www.miningwatch.ca/index.php?/copper/red_chris_courtcase 287 see www.pollutionwatch.org 288 see Protecting Your Water Rights in Ontario at www.canaryinstitute.ca 289 Environmental-Aboriginal Guardianship through Law and Education (EAGLE). Beneath the Surface: Aboriginal Rights and Mining Law in British Columbia, 2001. For copies, e-mail [email protected] 290 “Environmental Regulation Of The Mining Industry In Canada: An Update Of Legal And Regulatory Requirements”, prepared by Joseph F. Castrilli for the Water and Duncan Gordon Foundation, 1999 291 htt p://www.nrcan.gc.ca/ms/alphindex_e.htm 292 “Pollution Prevention and Pollution Control Initiatives in the Base Metals Smelting Sector”, Prepared for Environment Canada by Rubinoff Environmental, February 2004 293 “Pollution Prevention and Pollution Control Initiatives in the Base Metals Smelting Sector”, Prepared for Environment Canada by Rubinoff Environmental, February 2004 294 National Pollutants Release Inventory 2005 data, as found at www.pollutionwatch.org 295 Calculation based on 1988 levels reported in “Pollution Prevention and Pollution Control Initiatives in the Base Metals Smelting Sector”, Prepared for Environment Canada by Rubinoff Environmental, February 2004 296 Notice published in the Canadian Gazett e, April 29, 2006, titled “Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in respect of Specifi ed Toxic Substances Released from Base Metals Smelters and Refi neries and Zinc Plants” 297 Notice published in the Canadian Gazett e, April 29, 2006, titled “Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in respect of Specifi ed Toxic Substances Released from Base Metals Smelters and Refi neries and Zinc Plants” 298 Calculation based on 1988 levels reported in “Pollution Prevention and Pollution Control Initiatives in the Base Metals Smelting Sector”, Prepared for Environment Canada by Rubinoff Environmental, February 2004 299 2008 SO2 targets are: 187 000 tonnes for HudBay and Inco Thompson each and 166, 000 tonnes for Inco Sudbury. Emissions in 2005 were: HudBay – 203 000 tonnes, CVRD Inco Thompson -190 000 tonnes, CVRD Inco 190 000. This data is from the National Pollutant Inventory (NPRI) website: search for Canadian SIC Code 2959 300 Environmental Code of Practice for Base Metal Smelters and Refi neries March 2006 301 Canadian ENGO Position on Bill C-45: A Proposal to Amend Canada’s Fisheries Act, February 12, 2007 302 Federal Fisheries Act, Pursuant to Sections 34(2), 36 (5), 38(9). 303 Federal Metal Mining Liquid Effl uent Regulation, 1977, under Section 34(2), 36 (5), 38(9) of the Fisheries Act; 172 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Ontario Municipal-Industrial Strategy for Abatement, Metal Mining Sector Regulation, under the Environmental Protection Act 304 Canada Gazett e I. Regulatory Impact Analysis Statement for the Metal Mining Effl uent Regulations, published July 28, 2001 305 Canadian Environment Network Mining Caucus. Metal Mining Liquid Effl uent Regulations (MMLER) Modernisation: Comments on Issues Proposals Tabled by Environment Canada 01/99. Submission to Environment Canada of the Canadian Environmental Network Mining Caucus, AQUAMIN Reference Group. March, 1999 306 Environment Canada. Status Report on Water Pollution Control in the Canadian Metal Mining Industry (1998). Minister of Public Works and Government Services, 2001. 307 Lett er from the Hon. David Anderson, Federal Minister of the Environment, to Joan Kuyek, MiningWatch Canada. June 28, 2001. 308 Status Report on Water Pollution Prevention and Control in the Canadian Metal Mining Industry, 2001” 309 “Streamlining Environmental Regulation for Mining: The Federal Government’s Response to the Final Report of the Standing Committ ee on Natural Resources”, 1997, as found at htt p://www.nrcan.gc.ca/smm/poli/fi n_e.htm 310 “Ensuring the Fox has Streamlined Access at the Jenhouse: the Federal Smart Regulation Initiative”, by Jamie Kneen , Newslett er of Mining Watch Canada, Wednesday December 21, 2005 311 Government of Saskatchewan. The Government’s Position on Proposed Uranium Mining Developments in Northern Saskatchewan. April 1998. 312 Federal Government Response to the September 12, 2000 Environmental Assessment Report of the EUB-CEAA Joint Review Panel on the Cheviot Coal Project, April 2001 313 Northwatch. Comments on the Aquarius Gold Mine. 314 Personal communication with Paul Schaeff er, Ontario Region, Canadian Environmental Assessment Agency, July 2001 315 Personal communication with Martha Kostuch, Friends of West Country, December 2001. See also Section 3.3.3 regarding expansion at North American Palladium’s Lac des Iles Mine. 316 “Kemess North Mine “Not in the Public Interest”: Environmental Assessment Panel”, MiningWatch Canada, News Release, September 18, 2007 317 Ontario Hydro v. Ontario, 1993, and Energy Probe v. Canada, 1994 318 htt p://www.canadabusiness.ca/servlet/ContentServer?cid=1081944205885&lang=en&pagename=CBSC_ ON%2Fdisplay&c=Regs 319 ”Occupational Health and Safety Radiation Protection Guidelines for Uranium Exploration”, Saskatchewan Labour, Undated 320 htt p://www.cnsc-ccsn.gc.ca/eng/regulation/facilities_activities/mines_and_mills/ 321 htt p://www.canadabusiness.ca/servlet/ContentServer?cid=1081944205885&lang=en&pagename=CBSC_ ON%2Fdisplay&c=Regs 322 htt p://www.cnsc-ccsn.gc.ca/eng/regulation/facilities_activities/mines_and_mills/ 323 ”Uranium Mineral Resource Evaluation: CNSC Licence Requirement”, powerpoint presentation by Fred Ashley, Canadian Nuclear Safety Commission, at the Government of Saskatchewan, Energy and Recourses, Mineral Exploration Permitt ing - Crown Mineral Lands Workshop, 2005 324 htt p://www.pac.dfo-mpo.gc.ca/oceans/closure/fednational.pdf 325 Links to provincial and territorial web sites are provided at www.nrcan.gc.ca/ms/lien/ptd_e.htm 326 “Environmental Regulation Of The Mining Industry In Canada: An Update Of Legal And Regulatory Requirements”, prepared by Joseph F. Castrilli for the Water and Duncan Gordon Foundation, 1999 327 htt p://www.mndm.gov.on.ca/mndm/mines/mg/advex/prequirements_e.pdf 328 htt p://www.em.gov.bc.ca/Mining/MinePer/permreq.htm 329 Ontario provides a chart of permits required federally and provincially at htt p://www.mndm.gov.on.ca/mndm/ mines/mg/advex/prequirements_e.pdf 330 “Environmental Regulation Of The Mining Industry In Canada: An Update Of Legal And Regulatory Requirements”, prepared by Joseph F. Castrilli for the Water and Duncan Gordon Foundation, 1999 331 “Environmental Regulation Of The Mining Industry In Canada: An Update Of Legal And Regulatory Requirements”, prepared by Joseph F. Castrilli for the Water and Duncan Gordon Foundation, 1999 332 htt p://nwt-tno.inac-ainc.gc.ca/dv_e.htm 333 htt p://www.eco.gov.yk.ca/devolution/background.html 334 htt p://nwt-tno.inac-ainc.gc.ca/dv_e.htm 335 ”Consultation Guide Towards a Nunavut Mineral Exploration and Mining Strategy A p r i l , 2 0 0 5” Nunavut Department of Economic Development and Transportation 336 ”Consultation Guide Towards a Nunavut Mineral Exploration and Mining Strategy A p r i l , 2 0 0 5” Nunavut Department of Economic Development and Transportation 337 “Legal Challenges in the Arctic”, A position paper presented for the 4th NRF Open Meeting in Oulu, Finland and Endnotes 173 Luleå, Sweden, October 5-8, 2006 Dr. Natalia Loukacheva, Visiting fellow Munk Centre for International Studies University of Toronto, Canada 338 htt p://www.nunavikgovernment.ca/en/archives/news/the_agreement_in_principle_and_where_its_at.html 339 “Legal Challenges in the Arctic”, A position paper presented for the 4th NRF Open Meeting in Oulu, Finland and Luleå, Sweden, October 5-8, 2006 Dr. Natalia Loukacheva, Visiting fellow Munk Centre for International Studies University of Toronto, Canada 340 “Highlights In The Canadian Mining Industry - Corporate Developments” Canadian Mines Yearbook, 2005 341 “Mining merger wars:For Mick Davis, this bumper bid is all about his hubris, ambition” Derek Decloet, posted on 18/05/06 342 “Will China Be the Top Gold Producer by 2010?”, Wang Pan, www.resourceinvestor.com 343 “China Will be World’s Top Gold Miner in Next Decade”, Lawrence Williams, May 2007, www.grtbasin.com 344 ”Canadian Junior Mining Sector and Exploration Incentives” presentation by Robert Clark, Director, Tax and Mineral Resources Division, Natural Resources Canada, Toronto, March 9, 2004 345 “Predator or prey? Unless Canada’s mining giants become carnivores, foreigners will carve them up like turkeys”, Eric Reguly, Globe and Mail, June 30, 2006 346 Paraphrase of a comment from a mining investment lawyer who regularly deals with junior companies. 347 Canada’s Global Mining Presence, Canadian Mineral Yearbook, 2005 348 Canada’s Global Mining Presence, Canadian Mineral Yearbook, 2005 349 Canada’s Global Mining Presence, Canadian Mineral Yearbook, 2005 350 “Mine – Riding the Wave”, PricewaterhouseCoopers, 2007 351 Canadian Environmental Network Consultation Report - TSM COI Panel Member, Brenda Kelly, Bathurst Sustainable Development, undated 352 Federal minister upholds contested decision to block arctic uranium exploration October 25, 2007, Canadian Press. 353 ”Tool Kit To Increase Aboriginal Involvement In Mining”, Joint News Release of the Mining Association of Canada, Prospectors and Developers Association of Canada, Natural Resources Canada, and the Canadian Aboriginal Minerals Association, March 17, 2004 354 “An Insult to Aboriginal People: A Critique of the Mining Information Kit for Aboriginal Communities”, MiningWatch Canada, Tuesday December 5, 2006 355 Environmental Mining Council of British Columbia. “Protecting the Future through Action Today, Building Community Responses: APEC, Mining, and Sustainable Communities”. Prepared as a backgrounder for a full day session on mining at the Sustainability Issues Forum, part of the People’s Summit on APEC. November, 1997. 356 Qureshy, Shauna, (2006). Landlords and Political Traps: How Mineral Exploration Companies Seek Access to First Nation Territory, revised research essay, The Norman Paterson School of International Aff airs, Carleton University. 357 MiningWatch Canada. Aboriginal People and Mining in Canada: Seven Case Studies, Case Study # 1”The Innu Nation and Inco’s Voisey’s Bay Nickel Mine/Mill”. September 1999 358 Canadian Arctic Resources Committ ee. Aboriginal Communities and Mining in Northern Canada. A Summary of Discussions with Representatives of the Innu Nation. October 1995 359 Canadian Arctic Resources Committ ee. Aboriginal Communities and Mining. 360 MiningWatch Canada. Aboriginal People and Mining in Canada: Seven Case Studies, Study # 4 “Litt le Salmon Carmacks First Nation and BYG Mt. Nansen Gold Mine”. September 1999 361 Ott awa Citizen. Cree community more polluted than Love Canal. October 23, 2001 362 Ott awa Citizen. Cree community more polluted than Love Canal. October 23, 2001 363 Cleghorn, C., N. Edelson and S. Moodie. Gaining Ground: Women, Mining and the Environment. Yukon Conservation Society and Yukon Status of Women. 2001. p 25 364 DCAB, 2003, Diavik Communities Advisory Board, Annual Report, 2003 365 MiningWatch Canada. Aboriginal People and Mining in Canada: Seven Case Studies, Case Study # 5 “Makivik Corporation and Falconbridge’s Raglan Mine”. September 1999 366 The Congress of Aboriginal Peoples, Metis National Council, and Inuit Tapirisat of Canada were signators to the Whitehorse Mining Initiative Commitment, frequently referred to as the “Accord”, in September, 1994. The Assembly of First Nations did not participate. 367 Mining Association of Canada. Whitehorse Mining Initiative Leadership Council Accord. Final Report. November, 1994 368 Sierra Legal Defence Fund. Delgammuukw: First Nations Win For Sustainability. www.sierralegal.org/issue/ delgammuukw.html 369 Delgamuukw v. British Columbia, note 11 at 1113. 370 British Columbia Treaty Commission. A Lay Person’s Guide to Delgamuukw. November, 1999 371 Delgamuukw Gisday’wa National Process. A Community Guide to Delgamuukw. www.delgamuukw.org 372 “Aboriginal Law and Legislation”, as found online at: htt p://www.bloorstreet.com/300block/ablawleg.htm 174 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest 373 Bergner, Keith B., “The Crown’s Duty to Consult and Accommodate” 2005, as found at: htt p://www. lawsonlundell.com/resources/TheCrownsDuty-June%202006.pdf 374 Bergner, Keith B., “The Crown’s Duty to Consult and Accommodate” 2006 as found at: htt p://www. lawsonlundell.com/resources/TheCrownsDuty-June%202006.pdf 375 as found htt p://www.eaglelaw.org/education/pubpage/conandaccom/Musqueam%20First%20Nation%20v.%20 Canada.pdf 376 “Media Briefi ng on the injunction decision in Platinex v. Kitchenuhmaykoosib Inninuwug et al”, Bryce Edwards, Olthius, Kleer, Townsend, LLB, July 31, 2006 377 Hipwell, Bill, Katy Mamen, Viviane Weitzner and Gail Whiteman, “Aboriginal Peoples and Mining in Canada: Consultation, Participation and Prospects for Change Working Discussion Paper”. Prepared for The North-South Institute, January 2002 378 htt p://www.bhp.com/default.asp?page=159 379 Northwatch. Case Studies on Placer Dome Mines in Northern Ontario. Prepared for MiningWatch Canada. February 1999. 380 2003 Inco Social Responsibility Report, as found at htt p://www.inco.com/development/reports/social/ 2003/ aboriginal_partnerships/sudbury/ 381 De Beers Canada Exploration Inc., “Economic Impact Study Related to Feasibility Work Victor Diamond Project - Revised Final Report” January 2004 382 Victor Diamond Project Comprehensive Study Report, 2005 383 Sosa,Irene and Karyn Keenan,“Impact Benefi t Agreements Between Aboriginal Communities and Mining Companies:Their Use in Canada”, October, 2001 384 MiningWatch Canada. Aboriginal People and Mining in Canada: Case Study # 1. 385 Federal Government Response to the September 12, 2000 Environmental Assessment Report of the EUB-CEAA Joint Review Panel on the Cheviot Coal Project. April, 2001. 386 Jamieson, JoAnn P., “Federal Government Breaches Aboriginal Consultation Duties in Respect of the Mackenzie Gas Project”, November 22, 2006, as found at: htt p://www.osler.com/resources.aspx?id=11519 387 Mackenzie Valley Environmental Impact Review Board Report of Environmental Assessment and Reasons for Decision On Ur Energy Inc. Screech Lake Uranium Exploration Project (EA 0607-003), May 7, 2007 388 Kemess North Mine Joint Review Panel Report Summary September 17, 2007 389 “Environmental agreements, EIA follow-up and aboriginal participation in environmental management: The Canadian experience”, Department of Politics and Public Policy, Griffi th Business School, Griffi th University, Brisbane, Nathan, Queensland 4111 (Australia) May 2007 390 Nishnawbe Aski Nation. A Handbook on “Consultation” in Natural Resource Development. July 2001. 391 www.innu.ca/guidelines.pdf 392 Innu Nation. Ntesinan, Nteshniminan, Nteniunan: Between a Rock and a Hard Place. Final Report. Innu Nation Task Force on Mining Activities. March 1996. 393 Government of Canada, 2005, Our Community…Our Future: Mining and Aboriginal Communities, ISBN: 0-662-40788-1, 2005 394 Government of Canada, 2006, Partners Deliver Mining Kit for Aboriginal Communities, August 29, 2006, press release 395 “An Insult to Aboriginal People: A Critique of the Mining Information Kit for Aboriginal Communities” Mining Watch Canada, December 2006, as found at htt p://www.miningwatch.ca/index.php?/285/Toolkit_critique 396 Vancouver Sun, First Nation Supports Mining Development, March 13, 2007, Northgate Minerals Corporation, New Taku River Tlingit Mining Policy – A Canadian First, Mining Our Resources, June 2007, ww.trtfn.com 397 Nishnawbe Aski Nation, Mining Advocacy Measures Resolution 07/71 398 htt p://www.nunatsiavut.com/en/lnr_mineralexploration.php 399 Martin, Wendy. Once Upon a Mine: The Story of Pre-Confederation Mines on the Island of Newfoundland. www. heritage.nf.ca/environment/mine/appendix1.html 400 Martin, Wendy. Once Upon a Mine: The Story of Pre-Confederation Mines on the Island of Newfoundland. www. heritage.nf.ca/environment/mine/appendix1.html 401 Martin, Wendy. Once Upon a Mine: The Story of Pre-Confederation Mines on the Island of Newfoundland. www. heritage.nf.ca/environment/mine/appendix1.html 402 Minfo (Mineral Information) Volume 13, No. 1, Newfoundland and Labrador Department of Natural Resources, Summer 2007 403 Minfo (Mineral Information) Volume 13, No. 1, Newfoundland and Labrador Department of Natural Resources, Summer 2007 404 Minfo (Mineral Information) Volume 13, No. 1, Newfoundland and Labrador Department of Natural Resources, Summer 2007 405 Personal communication with Larry Innes, advisor to the Innu Nation. December 2001. Endnotes 175 406 htt p://www.anacondamining.com/pdf/oct22_2007.pdf 407 Minfo (Mineral Information) Volume 13, No. 1, Newfoundland and Labrador Department of Natural Resources, Summer 2007 408 Minfo (Mineral Information) Volume 13, No. 1, Newfoundland and Labrador Department of Natural Resources, Summer 2007 409 Minfo (Mineral Information) Volume 13, No. 1, Newfoundland and Labrador Department of Natural Resources, Summer 2007 410 Natural Resources Canada Mineral Year Book 2005 411 Minfo (Mineral Information) Volume 13, No. 1, Newfoundland and Labrador Department of Natural Resources, Summer 2007 412 Voisey’s Bay stalling over fi rst contract: union, CBC News, May 17 2006 413 Strike interrupts Voisey’s Bay production, CBC News, May 2, 2007 414 Strike closes Voisey’s Bay mine, CBC News, July 28, 2006 415 Voisey’s Bay shuts down mill aft er dispute between union, contract workers, Canadian Press, May 24, 2007 416 Minfo (Mineral Information) Volume 13, No. 1, Newfoundland and Labrador Department of Natural Resources, Summer 2007 417 Minfo (Mineral Information) Volume 13, No. 1, Newfoundland and Labrador Department of Natural Resources, Summer 2007 418 Werniuk, Jane “Smooth Sailing at Duck Pond”, Canadian Mining Journal, August 2006 419 Werniuk, Jane “Smooth Sailing at Duck Pond”, Canadian Mining Journal, August 2006 420 Werniuk, Jane “Smooth Sailing at Duck Pond”, Canadian Mining Journal, August 2006 421 Minfo (Mineral Information) Volume 13, No. 1, Newfoundland and Labrador Department of Natural Resources, Summer 2007 422 htt p://www.geosurv.gov.nl.ca/minesen/mines_commodities/ 423 htt p://www.geosurv.gov.nl.ca/minesen/mines_commodities/ 424 Newfoundland Department of Mines and Energy. Mining Overview. March, 2001. 425 Mackasey. Abandoned Mines in Canada. 426 Government of Newfoundland. News Release: Minister Announces Project Manager for Hope Brook Site. August 20, 2001. 427 Ministère des Ressources naturelles du Québec. Revue environnementale de l’indistrie québécoise à l’aube du 21e siècle. Réal Marcott e, ing.. Servicedes Titres d’exploitation, div. Environnement Mai 2000. 428 Natural Resources Canada, Mineral Year Book, Canadian Mine Openings and Closings, 2003 429 Mineral Sector Strategy, Québec, 2007 430 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006, Section 2.5 431 “Miners digging rebates”, Montreal Gazett e, July 31, 2007 432 “Subsidies cut into Québec’s revenue, report says” Bertrand Marott e, Posted On 10/08/06 433 “Time for Québec to quit buying into companies”, Editorial – Montreal Gazett e, September 3, 2007 434 Mineral Sector Stragegy, Québec, 2007 435 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006, Section 2.5 436 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006, Section 2.5 437 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006, Section 2.5 438 MNRF website, January 2008 439 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006, Section 2.5 440 Québec. The Simplifi ed Mining System: Click for a Claim. ISBN 2-550-36294-2 441 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006, Section 2.5 442 htt p://www.mrn.gouv.qc.ca/mines/titres/titres-exploration-tarifi cation-2007-2009.jsp 443 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006, Section 2.5 444 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006, Section 2.5 445 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006, Section 2.5 446 Québec’s Mineral Strategy, 2007 447 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the 176 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Mineral Industry, 2006, Section 2.5 448 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006, Section 2.5 449 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006, Section 2.5 450 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006, Section 2.5 451 Andrew J. Orkin, Legal Council, Grand Council of the Crees “Hits and Misses Session”, Thursday June 29, 2006 452 While the MNRF web site states that prospectors must seek mutual agreement, an EcoJustice report given to the Quebec government in October 2007 indicates that this is inconsistent with Articles 235-236 of the Act. 453 Personal communication with Ugo Lapointe 454 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006, Section 2.5 455 Québec’s Raglan nickel mine to be one of world’s biggest: Xstrata, CBC News, August 7, 2007 456 100 mg/L is the lowest level at which chronic eff ects were noted at the time. However, the threshold for acute toxicity is much higher. 457 Gagné, Daniel. Rapport préliminaire sur le dépistage de la plombémie chez les enfants du quartier Notre-Dame (Rouyn-Noranda) en 1999. Régie regionale de la santé et des servuces sociaux de l’Abitibi-Témicamingue. January, 2000. 458 Gagné, Daniel. Rapport préliminaire sur le dépistage de la plombémie chez les enfants du quartier Notre-Dame (Rouyn-Noranda) en 1999. Régie regionale de la santé et des servuces sociaux de l’Abitibi-Témicamingue. January, 2000. 459 National Pollutants Release Inventory, as found at htt p://www.ec.gc.ca/pdb/npri/npri_home_e.cfm 460 Natural Resources Canada, Canadian Mineral Year Book, Mineral and Metal Commodity Reviews – Aluminum, 2002, 2004, 2005 461 Natural Resources Canada, Canadian Mineral Year Book, Mineral and Metal Commodity Reviews – Aluminum, 2002, 2004, 2005 462 Natural Resources Canada, Canadian Mineral Year Book, Mineral and Metal Commodity Reviews – Aluminum, 2002, 2004, 2005 463 Mackasey.Abandoned Mines in Canada. 464 htt p://www.mrnf.gouv.qc.ca/english/mines/index.jsp 465 htt p://www.mrnf.gouv.qc.ca/english/mines/index.jsp 466 htt p://www.mrnf.gouv.qc.ca/english/mines/index.jsp 467 htt p://www.mrnf.gouv.qc.ca/english/mines/index.jsp 468 Xstrata pledges funds to restore old exploration camps, htt p://www.canadianminingjournal.com/issues/ISArticle. asp?id=73027&issue=09022007 469 Québec miners ante up to clean old messes, Nunatsiaq News, June 29, 2007 470 Inventory of Abandoned Mining Exploration Sites in Nunavik” by Gérard Duhaime, Nick Bernard and Robert Comtois, for The Canadian Geographer, 2003 471 Québec miners ante up to clean old messes, Nunatsiaq News, June 29, 2007 472 Quebec Mineral Strategy 2007 473 htt p://www.mrnf.gouv.qc.ca/english/mines/Québec-mines/2007-06/manitou.asp 474 htt p://www.nt.net/~crtja/ 475 Executive Summary, A Short History of the Ontario Mining and Lands Commissioner htt p://publicdocs.mnr.gov.on.ca/View.asp?Document_ID=11347&Att achment_ID=21836 476 Executive Summary, A Short History of the Ontario Mining and Lands Commissioner htt p://publicdocs.mnr.gov.on.ca/View.asp?Document_ID=11347&Att achment_ID=21836 477 Executive Summary, A Short History of the Ontario Mining and Lands Commissioner htt p://publicdocs.mnr.gov.on.ca/View.asp?Document_ID=11347&Att achment_ID=21836 478 Canadian Mineral Yearbook, Statistical Report, 2005 479 Value of Ontario Minieral Production, Ministry of Northern Development and Mines, as found at htt p://www. mndm.gov.on.ca/mndm/mines/ims/facts/bulletins/production_factse.pdf 480 htt p://www.2ontario.com/industry/mining.asp 481 News Release. Ontario Ministry of Mines Minister Dan Newman. July 31, 2001. 482 News Release. Ontario Ministry of Northern Development and Mines. September 11, 2000 483 News Release. Ontario Ministry of Northern Development and Mines. December 6, 2000 484 “Growing number of explorers from around the globe scouting Ontario for metals”, Angela Pacienza, MacLean’s Magazine, October 12, 2006 485 htt p://www.nrcan.gc.ca/mms/cmy/2001revu/exp_e.htm 486 www.mndm.gov.on.ca/mndm/mines/ims/facts/bulletins/exploration_factse.pdf - Endnotes 177 487 www.mndm.gov.on.ca/mndm/mines/ims/facts/bulletins/exploration_factse.pdf - 488 www.mndm.gov.on.ca/mndm/mines/ims/facts/bulletins/exploration_factse.pdf - 489 www.mndm.gov.on.ca/mndm/mines/ims/facts/bulletins/exploration_factse.pdf - 490 www.mndm.gov.on.ca/mndm/mines/ims/facts/bulletins/exploration_factse.pdf - 491 www.mndm.gov.on.ca/mndm/mines/ims/facts/bulletins/exploration_factse.pdf - 492 Ministry of Natural Resources, New Regulations Guide Activities on Crown Land, Fact Sheet, November 5, 1997 493 “At Work in the Natural World: Mining and Milling Ontario’s Natural Resources” Ontario Environment Network and the Canadian Institute for Environmental Law and Policy, 1999 494 EBR Registry Number PB06E2024 Decisions, Ministry of Natural Resources, Posted December 22, 2006 495 Ontario’s Mineral Development Strategy, Ministry of Northern Development and Mines, 2006 496 EBR Registry Number: 010-1018, “Potential changes to how claim staking and mineral exploration would be conducted on property where the mining rights and surface rights are held separately”, posted by the Ministry of Northern Development and Mines, July 18, 200 497 “Muskrat Dam spring goose hunt disrupted by DeBeers exploration”,. News Release, Muskrat Dam First Nation, April 28, 2006 498 “17 million hectares, just 25,000 people” Peter Gorrie, Aug. 5, 2006. 499 Closure Plan, Gold Corp Canada Ltd, Red Lake Gold Mines – Campbell Mine, April 2007 500 Closure Plan, Gold Corp Canada Ltd, Red Lake Gold Mines – Campbell Mine, April 2007 501 Mine Rehabiltation Plan, Placer Dome (CLA) Ltd, Campbell Mine, March 2004 502 “17 million hectares, just 25,000 people” 503 “Ontario att acks Aboriginal and treaty rights in Kitchenuhmaykoosib Inninuwug (KI) Litigation”, Canadian News Wire, Jan. 29 2006 504 Att awapiskat First Nation Denounces Metalex Ventures, ATTAWAPISKAT, ON, Feb. 14 /CNW/ 505 Peter Gorrie, Aug. 5, 2006. Canadian Mining Year Book, Mine Openings and Closings, 2003 506 htt p://www.ceaa.gc.ca/010/0003/0064/pn050329_e.htm 507 Canadian Mining Year Book, Mine Openings and Closings, 2005 508 Ontario Mining and Exploration Director, 2007 509 A. Gilbert, Mining. In [eds.] R.A. Bray and A.E. Epp, A Vast and Magnifi cent Land (Lakehead University, Laurentian University, and Ministry of Northern Aff airs, 1984), pp. 89-108 510 Ontario Ministry of Northern Development and Mines News Release 09/10/06 511 A. Gilbert, Mining. In [eds.] R.A. Bray and A.E. Epp, A Vast and Magnifi cent Land (Lakehead University, Laurentian University, and Ministry of Northern Aff airs, 1984), pp. 89-108 512 “Environmental Regulation Of The Mining Industry In Canada: An Update Of Legal And Regulatory Requirements”, prepared by Joseph F. Castrilli for the Water and Duncan Gordon Foundation, 1999 513 “Environmental Regulation Of The Mining Industry In Canada: An Update Of Legal And Regulatory Requirements”, prepared by Joseph F. Castrilli for the Water and Duncan Gordon Foundation, 1999 514 2005 Environmental Compliance Reports, Ontario Ministry Of The Environment, as found at htt p://www.ene.gov. on.ca/envision/compliance/comp05/index.htm 515 2005 Environmental Compliance Reports, Ontario Ministry Of The Environment, as found at htt p://www.ene.gov. on.ca/envision/compliance/comp05/index.htm 516 Cowan, W.M. Planning for Mine Rehabilitation in Ontario, Canada. Proceedings of the 17th World Mining Congress, Acapulco, Mexico. 1997. pp. 645-650 517 News Release. Ontario Ministry of Northern Development and Mines. March 6, 2000 518 “Ontario Leads The Way In Abandoned Mine Rehabilitation”, presentation by Christopher D. Hamblin, Ministry of Northern Development and Mines, Sudbury Mines and Environment Conference, 2003 519 McGuinty Government Invests in Mining Lands Rehabilitation”, Ministry of Northern Development and Mines News Release, November 9, 2006ovember 520 Ontario government invests in reclamation of mining land Daily News Sunday, November 19, 2006 521 Ontario government invests in reclamation of mining land Daily News Sunday, November 19, 2006 522 Mining in Manitoba: www.digistar.mb.ca 523 Fraser, Hugh S. A Journey North; The Great Thompson Nickel Discovery. Edited by Ken Cherney and Dick Pearce, Inco Ltd., Manitoba Division. 1985. 524 Mining in Manitoba: www.digistar.mb.ca 525 htt p://www.gov.mb.ca/iedm/mrd/mtf/mintaskforce-m.html 526 htt p://www.gov.mb.ca/iedm/mrd/mtf/mintaskforce-m.html 527 Mining in Manitoba: www.digistar.mb.ca 528 htt p://www.gov.mb.ca/iedm/mrd/mtf/mintaskforce-m.html 529 htt p://www.gov.mb.ca/iedm/mrd/min-ed/minfacts/index.html 530 htt p://www.gov.mb.ca/iedm/mrd/mtf/mintaskforce-m.html 531 htt p://www.gov.mb.ca/iedm/mrd/mtf/mintaskforce-m.html 178 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest 532 htt p://www.gov.mb.ca/iedm/mrd/mtf/mintaskforce-m.html 533 CCSG Associates. Financial Options for the Remediation of Mine Sites 534 htt p://www.gov.mb.ca/iedm/mrd/mtf/mintaskforce-m.html 535 htt p://www.gov.mb.ca/iedm/mrd/mtf/mintaskforce-m.html 536 News Release. Manitoba Conservation and Industry, Trade and Mines. Province To Begin Process Of Rehabilitating Abandoned Mines In Northern Manitoba. July 18, 2001 537 htt p://www.gov.mb.ca/iedm/mrd/mtf/mintaskforce-m.html 538 www.gov.mb.ca/iedm/mrd/busdev/advantage/adv-pdfs/adv12_13.pdf 539 www.gov.mb.ca/iedm/mrd/busdev/advantage/adv-pdfs/adv12_13.pdf 540 www.gov.mb.ca/iedm/mrd/busdev/advantage/adv-pdfs/adv12_13.pdf 541 “Manitoba Mining Advantage” as found at htt p://www.gov.mb.ca/iedm/mrd/busdev/advantage/index.html 542 htt p://www.gov.mb.ca/iedm/mrd/mtf/mintaskforce-m.html 543 htt p://www.gov.mb.ca/iedm/mrd/busdev/exp-dev/index.html 544 htt p://www.gov.mb.ca/iedm/mrd/busdev/exp-dev/index.html 545 htt p://www.gov.mb.ca/iedm/mrd/busdev/exp-dev/index.html 546 htt p://www.gov.mb.ca/iedm/mrd/busdev/exp-dev/index.html 547 Natural Resources Canada Mineral Year Book, Mine Openings and Closings 2004 548 Natural Resources Canada Mineral Year Book, Mine Openings and Closings 2005 549 CRU International (Commodities Research Unit) reports that only 6% of copper smelters had no sulphur fi xation in 2001. 550 Canadian Environmental Defence Fund. Dirty Dozen Exposed. 551 htt p://www.ec.gc.ca/pdb/npri/npri_online_data_e.cfm 552 National Pollutants Release Inventory, PollutionWatch Scorecard: www.scorecard.org 553 Emissions of SO2 were 266 000 tonnes for HudBay and 283 000 at Inco Thompson in 1988. 554 Manitoba’s 24-hour guideline is 0.11 ppm (parts per million, equivalent to 314.6 μg/m3) whereas the WHO guideline (2000) is 0.04 ppm (equivalent to 125 μg/m3. Ref. WHO Regional Offi ce for Europe, Copenhagen, Denmark - Air Quality Guidelines for SO2 (Chapter 7.4). 555 “New Pollution Data Shows Need for Urgent Parliamentary Action on Air Pollutants”, Environmental Defence, News Release, March 15, 2007 556 Manitoba Health, Manitoba Environment. Flin Flon and Sulphur Dioxide. 557 Personal communication with Bernie Jacobs, Inco Ltd., Thompson, Manitoba. September, 2001. 558 Manitoba Health, Manitoba Environment. Flin Flon and Sulphur Dioxide. 559 Manitoba Environment. State of the Environment Report, 1997. 560 Manitoba Environment. State of the Environment Report, 1997. 561 Wott on, David L., Dale C. Jones, and Floyd S. Phillips. 1986. The eff ect of nickel and copper deposition from a mining and smelting complex on coniferous regeneration in the Boreal forest of northern Manitoba. Water, Air and Soil Pollution 31:349-3 562 Wott on, David L., Dale C. Jones, and Floyd S. Phillips. 1986. The eff ect of nickel and copper deposition from a mining and smelting complex on coniferous regeneration in the Boreal forest of northern Manitoba. Water, Air and Soil Pollution 31:349-358. 563 Manitoba Environment. State of the Environment; Air. 564 Manitoba Environment. State of the Environment; Air. 565 Ontario’s Bicycle Couriers. Application for Investigation Under the Ontario Environmental Bill of Rights, Section 14 of the Environmental Protection Act, Permitt ing the discharge of air contaminants causing adverse eff ects. 566 Manitoba Health, Manitoba Environment. Flin Flon and Sulphur Dioxide, Eff ects on People and the Environment. Information Bulletin No. 95-30E. December, 1995. 567 Manitoba Health, Manitoba Environment. Flin Flon and Sulphur Dioxide, Eff ects on People and the Environment. Information Bulletin No. 95-30E. December, 1995. 568 Miningwatch Canada and the Sierra Club of Canada. July 1, 2001. To Establish a Clean Canada Fund: Challenging Canadian federal and provincial governments to set up a contaminated site program by Canada Day 2002 to deal with Canada’s toxic shame: www.miningwatch.ca/publications/toxic_13 569 htt p://www.gov.mb.ca/iedm/mrd/mines/oa_rehabilitation.html 570 “Concentrations of Metals and Other Elements in Surface Soils in Flin Flon, Manitoba and Creighton, Saskatchewan, 2006”, July 2007, as found at htt p://www.gov.mb.ca/conservation/wildlife/managing/pdf/fl infl on_ metalcon2.pdf 571 Henderson, P.J., I. McMartin, G.E. Hall, J.B. Percival and D.A. Walker.The chemical and physical characteristics of heavy metals in humus and till in the vicinity of the base metal smelter at Flin Flon, Manitoba, Canada. Environmental Geology 34(1):39-58. 1998. 572 573 Shaw, George. Concentrations of Twenty-Eight Elements in Fruiting Shrubs Downwind of the Smelter at Flin Endnotes 179 Flon, Manitoba. Environmental Pollution Ser. A 25:197-209. 1981. 574 “Smelter closure expected any time”, Jonathon Naylor, Staff Writer, Northern Visions Gazett e, posted 11/28/2007 575 News Release. Manitoba Conservation and Industry, Trade and Mines. Province To Begin Process Of Rehabilitating Abandoned Mines In Northern Manitoba. July 18, 2001 576 htt p://www.gov.mb.ca/iedm/mrd/mines/oa_rehabilitation.html 577 htt p://www.gov.mb.ca/iedm/mrd/mines/oa_rehabilitation.html Henderson, P.J., I. McMartin, G.E. Hall, J.B. Percival and D.A. Walker.The chemical and physical characteristics of heavy metals in humus and till in the vicinity of the base metal smelter at Flin Flon, Manitoba, Canada. Environmental Geology 34(1):39-58. 1998. 578 htt p://www.gov.mb.ca/iedm/mrd/mines/oa_rehabilitation.html 579 “Saskatchewan Exploration and Development Highlights 2006”, Saskatchewan Industry and Resources, 2006 580 As found at htt p://www.ir.gov.sk.ca/Default.aspx?DN=9a8731ca-5dae-4130-9bcd-eb4034556fd9 581 Saskatchewan Mining Association “Fact Sheet”, as found at Error! Bookmark not defi ned. 582 “Saskatchewan Exploration and Development Highlights 2006”, Saskatchewan Industry and Resources, 2006 583 Canadian Intergovernmental Working Group on the Mineral Industry. Overview of Trends in Canadian Mineral Exploration. Fall 1998 584 www.gov.sk.ca/energymine/facts/semdiam.htm 585 www.gov.sk.ca/energymine/facts/semdiam.htm 586 Saskatchewan Mining Association “Fact Sheet”, as found at Error! Bookmark not defi ned. 587 “Saskatchewan Exploration and Development Highlights 2006”, Saskatchewan Industry and Resources, 588 CPAWS SK - Mining Quick Facts 589 “Saskatchewan Exploration and Development Highlights 2006”, Saskatchewan Industry and Resources, 590 “Uranium in Saskatchewan” Fact Sheet, Areva, Cameco and Saskatchewan Mining Association 591 Mackasey. Abandoned Mines in Canada. 592 “Toxic 13”, A report by MiningWatch Canada and the Sierra Club of Canada to Establish a Clean Canada Fund, 2001 593 News Release, “Assessing northern abandoned mines”, September 18, 2001, as found at htt p://www.gov.sk.ca/ news?newsId=8115d2dc-51d0-46bc-9435-3e6c40aa0005 594 Saskatchewan Environment and Resource Management, Department Accomplishments, April 1,2000 to March 31,2001. www.serm.gov.sk.ca/pdf/Accomplishments-2001.pdf 595 News Release “Final Report On Abandoned Mines”, October 18, 2004, as found at htt p://www.gov.sk.ca/ news?newsId=232d5f43-352f-4be4-b0a2-b8fc674d9a1b 596 News Release “Final Report On Abandoned Mines”, October 18, 2004, as found at htt p://www.gov.sk.ca/ news?newsId=232d5f43-352f-4be4-b0a2-b8fc674d9a1b 597 “Governments spending $25M to clean up uranium mines”, CBC News, April 3, 2007, as found at htt p://www.cbc. ca/canada/saskatchewan/story/2007/04/03/uranium-mines.html 598 News Release “Canada’s New Government And Province Of Saskatchewan Launch First Phase Of Cleanup Of Legacy Uranium Mines”, Governments of Canada and Saskatchewan, April 2, 2007 599 Excellent analyses of oil sands mining are available in other publications. We direct the reader to the publication of the Pembina Institute, entitled Oil Sands Fever: The environmental Implications of Canada’s Oil Sands Rush, available at htt p://pubs.pembina.org/reports/OilSands72.pdf. 600 “Mining in Alberta”, Alberta Energy, as found at htt p://www.energy.gov.ab.ca/minerals/1084.asp 601 “Mining in Alberta”, Alberta Energy, as found at htt p://www.energy.gov.ab.ca/minerals/1084.asp 602 Boreal Below 2001 603 “Mining in Alberta”, Alberta Energy, as found at htt p://www.energy.gov.ab.ca/minerals/1084.asp 604 Northern Alberta Development Council. “Non-Energy Mineral Exploration and Development Seminar - A seminar on awareness and opportunities of northern mineral exploration”. December 11, 2000. Edmonton, Alberta 605 Canadian Intergovernmental Working Group on the Mineral Industry. Overview of Trends in Canadian Mineral Exploration. Fall 1998 606 Natural Resources Canada. Exploration and Deposit Appraisal Expenditures. 607 “Summary of Mineral Exploration and Coal Activity in Alberta During 2006”, Alberta Energy, 2007 608 Alberta Energy. Exploration for Minerals in Alberta. www.energy.gov.ab.ca/room/keypubs/exploring/explore.htm 609 News Release. Sherritt Coal Partnership. Sherrit Coal Partnership Completes Acquisition of all Securities of Luscar Coal Income Fund. June 30, 2001. 610 News Release. Luscar Limited. Luscar’s Cheviot Mine Receives Federal Acceptance. April 9, 2001. 611 American Fisheries Society. Eff ects of Surface Mining on Aquatic Resources in North America. htt p://www. fi sheries.org/resource/page11.htm 612 Report of the EUB-CEAA Joint Panel Review. Cheviot Coal Project, Mountain Park Area, Alberta. EU Applications No. 960314, and 960677. Cardinal River Coals Ltd. and TransAlta Utilities Corporation. June 1997. Page 28. 613 Report of the EUB-CEAA Joint Panel Review. Cheviot Coal Project, Mountain Park Area, Alberta. EU Applications 180 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest No. 960314, and 960677. Cardinal River Coals Ltd. and TransAlta Utilities Corporation. June 1997.Page 35. 614 Report of the EUB-CEAA Joint Panel Review. Cheviot Coal Project, Mountain Park Area, Alberta. EU Applications No. 960314, and 960677. Cardinal River Coals Ltd. and TransAlta Utilities Corporation. June 1997.,Page 34. 615 Report of the EUB-CEAA Joint Panel Review. Cheviot Coal Project, Mountain Park Area, Alberta. EU Applications No. 960314, and 960677. Cardinal River Coals Ltd. and TransAlta Utilities Corporation. June 1997.Page 36 616 Report of the EUB-CEAA Joint Panel Review. Cheviot Coal Project, Mountain Park Area, Alberta. EU Applications No. 960314, and 960677. Cardinal River Coals Ltd. and TransAlta Utilities Corporation. June 1997.Page 38. 617 “Capacity Building For A National Inventory Of Orphaned/Abandoned Mines In Canada”, Prepared for the National Orphaned/Abandoned Mines Initiative Advisory Committ ee by Cal Data Ltd., March 2005 618 “Capacity Building For A National Inventory Of Orphaned/Abandoned Mines In Canada”, Prepared for the National Orphaned/Abandoned Mines Initiative Advisory Committ ee by Cal Data Ltd., March 2005 619 Mackasey. Abandoned Mines in Canada. 620 www.em.gov.bc.ca/Mining/default.htm 621 htt p://www.em.gov.bc.ca/Subwebs/mining/History/default.htm 622 htt p://www.britishcolumbia.com/general/details.asp?id=22 623 htt p://www.bcmuseumofmining.org/history.html 624 htt p://www.bcscene.com/mining.htm 625 PriceWaterhouseCooper. The Mining Industry in British Columbia – 2006. In Paulsen, Monte. Inside B.C.’s Mining Boom. The Tyee. May 17, 2007. thetyee.ca/News/2007/05/17/MiningBoom/ 626 Natural Resources Canada. Minerals and Mining Statistics On-Line. mmsd1.mms.nrcan.gc.ca/mmsd/intro_e.asp 627 PriceWaterhouseCooper. The Mining Industry in British Columbia – 2006. 628 mmsd1.mms.nrcan.gc.ca/mmsd/intro_e.asp 629 Ministry of Energy and Mines. News Release: Mining Builds B.C. 630 Salcito, Kendyl. ‘War Brewing’ over Mining Rights in Rural BC. 631 MiningWatch Canada. The Assault on First Nation Lands in British Columbia. February 23, 2005. www. miningwatch.ca/index.php?/BC/The_Assault_on_First 632 Salcito, Kendyl. ‘War Brewing’ over Mining Rights in Rural BC. The Tyee. June 14, 2006. thetyee.ca/ News/2006/06/14/MiningRights/ 633 Ministry of Energy, Mines and Petroleum Resources. BC Mining Plan: Report on Progress. 634 Paulsen, Monte. Inside B.C.’s Mining Boom. The Tyee. May 17, 2007. thetyee.ca/News/2007/05/17/MiningBoom/ 635 Paulsen, Monte. Inside B.C.’s Mining Boom. The Tyee. May 17, 2007. thetyee.ca/News/2007/05/17/MiningBoom/ 636 Pacifi c Analytics Inc. Kemess Mine North Expansion: an Economic Review of the Environmental Impact Assessment. Submitt ed by MiningWatch Canada. December, 2005. 637 Mining Association of B.C. Mining Association of B.C. Applauds 2007 Federal Budget. March 19, 2007. www. mining.bc.ca/news_events/news.htm 638 Wodjak. A Report from the Regional Geologist in Smithers on the North West Region in Exploration and Mining in British Columbia 2006 639 Rivers Committ ee. Regional Reports: Alaska, Tulsequah Chief Mine. 2007. www.sierraclub.org/committ ees/rivers/ reports/alaska.asp 640 Rivers Committ ee. Regional Reports: Alaska, Tulsequah Chief Mine. 2007. www.sierraclub.org/committ ees/rivers/ reports/alaska.asp 641 Tobin, Chuck. Barge plan would save $45 million. Whitehorse Daily Star. January 2007. www.whitehorsestar.com/ auth.php?r=45795 642 Rivers Without Borders. News Release: BC/Alaska Conservation Alliance Calls for Bi-National Assessment of Taku Mine. 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First Nations Speak at Kemess North Hearings Under Protest: Call on Governments to Protect Environment and Act Honourably. October 30, 2006. 659 Tse Keh Nay. Press Release. First Nations Speak at Kemess North Hearings Under Protest: Call on Governments to Protect Environment and Act Honourably. October 30, 2006. 660 MiningWatch Canada. Comments of MiningWatch Canada on the Environmental Impact Assessment of the Kemess North Mine. January, 2006. 661 Tse Keh Nay. Press Release. First Nations Hold Ceremony and Vow to Protect Amazay (Duncan Lake). August 29, 2006. 662 CEAA registry, Joint Panel Review September 17, 2007, Kemess North Mine, executive summary 663 Ministry of Energy, Mines and Petroleum Resources. Map: Operating Mines and Selected Major Exploration Projects in British Columbia. 2006. 664 Ministry of Energy, Mines and Petroleum Resources. News Release: Galore Creek Project Brings $2-Billion Investment. July 31, 2007. 665 Scales, Marilyn, Work at Galore Creek Suspended, Canadian Mining Journal, December 2007. htt p://www. canadianminingjournal.com/issues/ISArticle.asp?id=77006&issue=11282007&ref=rss&btac=no 666 Ministry of Energy, Mines and Petroleum Resources. News Release: Galore Creek Project Brings $2-Billion Investment. July 31, 2007. 667 Ministry of Energy, Mines and Petroleum Resources. BC Mining Plan: Report on Progress. 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Copyright © 2001 by J.A.L. Robertson htt p://www.magma.ca/~jalrober/ 692 Uranium Information Centre Ltd. NUCLEAR ELECTRICITY. Chapter 8. August 2000. htt p://www.uic.com.au/ne8. htm 693 Silke, Ryan. Tundra Mine Heritage Project. Copyright 2001. 694 Personal communication with Kevin O’Reilly, Canadian Arctic Resources Committ ee. December 13, 2001. 695 Silke. Tundra Mine Heritage Project. 696 “Overview of trends in canadian mineral exploration”,, Canadian Intergovernmental Working Group on the Mineral Industry, 2006 697 Government of the Northwest Territories Budget Address. Honourable Charles Dent, Minister of Finance. April 19, 1999 698 Government of the Northwest Territories Budget Address. Honourable Charles Dent, Minister of Finance. April 19, 1999 699 Government of the Northwest Territories News Release. Premier Announces Federal Contribution to Government of Northwest Territories Non-Renewable Resources Strategy. November 14, 2000. 700 City of Yellowknife. 1999 Annual Report: Diamond Capital of North America. 701 NWT Minister of Public Works and Government Services. Catalogue No. PF3-2/12-2001. ISBN 0-662-65605-9. 2001. 702 A citizens guide to the Mackenzie Valley Resource Management Act, htt p://nwt-tno.inac-ainc.gc.ca/pdf/ MVRMAENG.pdf 703 NWT Environmental Audit Audit Summary and Conclusions, 2005, as found at htt p://nwt-tno.inac-ainc.gc.ca/ nwt-a_e.htm 704 htt p://nwt-tno.inac-ainc.gc.ca/nwt-a_e.htm.. 705 North West Territories Wildlife Caribou Population Study, 2006. htt p://www.nwtwildlife.com/NWTWildlife/ caribou/bathurstt op.htm 706 NWT Environmental Audit Audit Summary and Conclusions, 2005, as found at htt p://nwt-tno.inac-ainc.gc.ca/ nwt-a_e.htm 707 “Overview of trends in canadian mineral exploration”,, Canadian Intergovernmental Working Group on the Mineral Industry, 2006 708 “Overview of trends in canadian mineral exploration”,, Canadian Intergovernmental Working Group on the Mineral Industry, 2006 709 “Overview of trends in canadian mineral exploration”,, Canadian Intergovernmental Working Group on the Mineral Industry, 2006 710 www.debeerscanada.com 711 htt p://www.canadianarcticdiamond.com/03_history/history.html 712 htt p://www.nwtwildlife.com/pdf/CaribouMgmtStrategyFINAL060130.pdf 713 “Overview of trends in canadian mineral exploration”,, Canadian Intergovernmental Working Group on the Mineral Industry, 2006 714 “Overview of trends in canadian mineral exploration”,, Canadian Intergovernmental Working Group on the Mineral Industry, 2006 715 “Overview of trends in canadian mineral exploration”,, Canadian Intergovernmental Working Group on the Mineral Industry, 2006 716 “Overview of trends in canadian mineral exploration”,, Canadian Intergovernmental Working Group on the Mineral Industry, 2006 717 htt p://www.infomine.com/careers/eoc/nacantung.asp 718 htt p://www.infomine.com/careers/eoc/nacantung.asp 719 As found at htt p://www.chrs.ca/Rivers/SouthNahanni/SouthNahanni-St_e.htm 720 Personal communication with Kevin O’Reilly, Canadian Arctic Resources Committ ee. 721 “Nahanni Park and the Prairie Creek Mine: A Disaster Waiting to Happen”, March 7, 2004 at htt p://www. miningwatch.ca/index.php?/Parks/Nahanni_Park 722 The diamonds section is adapted from “There are No Clean Diamonds” by MiningWatch Canada at www. miningwatch.ca 723 Ekati Mine website Endnotes 183 724 htt p://www.monitoringagency.net/ 725 htt p://www.nwtwildlife.com/Publications/ManuscriptReports/reports/158.htm 726 Technical Annual Report of the Independent Environmental Monitoring Agency, Page 2, Part 2, 2004-5 727 ”Dealing Full Force”, North-South Institute, 2006 728 htt p://www.diavik.ca/PDF/DiavikEnvironmentalAgreement.PDF. 729 htt p://www.diavik.ca/News/2001/body_emab.html 730 Geological Survey of Canada. EXTECH III: Yellowknife Gold Belt. htt p://www.nrcan.gc.ca/gsc/mrd/extech/ extechiii_e.html 731 Personal communication with Kevin O’Reilly, Canadian Arctic Resources Committ ee. 732 Ollson, Chris C. Abstract: Theses on Arsenic in Yellowknife. National Defence. December 1999. 733 Ollson. Theses on Arsenic in Yellowknife. 734 Canadian Press. Miramar to Keep Giant Mine open through 2001. August 2, 2001 735 Miramar Mining Corporation News Release. Miramar and DIAND Finalize Amendment to Existing Giant Mine Agreement. November 13, 2001. Www.miramarmining.com 736 O’Reilly, Kevin. Community Perspectives on the Giant Mine, Yellowknife. Presentation to the Orphaned/ Abandoned Mines Workshop. Winnipeg, June 26, 2001. 737 “Canada and the Northwest Territories Move Forward with Giant Mine Remediation Plan” News Release, Indian and Northern Aff airs, Canada, October 17, 2007, as found at htt p://www.ainc-inac.gc.ca/nr/prs/s-d2007/2-2951- eng.asp 738 “Canada and the Northwest Territories Move Forward with Giant Mine Remediation Plan” News Release, Indian and Northern Aff airs, Canada, October 17, 2007, as found at htt p://www.ainc-inac.gc.ca/nr/prs/s-d2007/2-2951- eng.asp 739 htt p://nwt-tno.inac-ainc.gc.ca/giant/gmp-frozbloc-eng.asp 740 Chapter 3, 2002 Report of the Commissioner of the Environment and Sustainable Develop 741 Silke. Revised Report on Mine Sites in the Yellowknife Region. 742 Report of the Commissioner of the Environment and Sustainable Development, October 2002, as found at htt p://209.71.218.213/internet/English/aud_parl_cesd_200210_e_1131.html 743 htt p://www.ec.gc.ca/etad/csmwg/pub/taking_action/en/c10_e.html 744 Yukon Conservation Society. YCS Examines Mining. www.yukonconservation.org/issues/issuem.html 745 htt p://www.emr.gov.yk.ca/mining/mine_licensing.html 746 htt p://www.emr.gov.yk.ca/mining/mine_licensing.html 747 Government of Yukon. News Release: Yukon Government Sets Sights on Mine Development. 748 CBC News. Yukon Energy forced to re-jig Minto mine deal. May 2, 2007. 749 Hurst, Sarah. Mining News: Rail link would transport Yukon iron ore. North of 60 Mining News. July 29, 2007. www.petroleumnews.com/pntruncate/189041098.shtml 750 Personal communication with Gerry Couture, Yukon Conservation Society, January 2008 751 CBC News. Yukon gets B+ from mining execs: report. March 7, 2007. 752 Government of Yukon. News Release: Yukon Government Sets Sights on Mine Development. January 31, 2007. 753 Overview of Trends in Canadian Mineral Exploration, Canadian Intergovernmental Working Group on the Mineral Industry, 2006 754 Canadian Mineral Yearbook, 2006, Overview 755 Government of Yukon. News Release: Yukon Government Sets Sights on Mine Development. 756 Government of Yukon. News Release: Yukon Government Sets Sights on Mine Development. 757 MinngWatch Canada, as found at htt p://www.miningwatch.ca/index.php?/Placer_Mining/Yukon_Faces_ Renewed_Mining_Problems 758 Yukon Zinc Corp. News Release: Yukon Zinc Commences Wolverine Mine Site Access Road. May 7, 2007. biz. yahoo.com/ccn/070507/200705070388819001.html?.v=1 759 “Yukon Zinc Receives Type A Water Licence for Wolverine Project”, News Release, Yukon Zinc, Vancouver, B.C., October 4, 2007, as found at www.yukonzinc.com 760 Government of Yukon. Major Mine Licensing – Carmacks Copper. www.emr.gov.yk.ca/mining/carmacks_copper. html. 761 Personal communication with Gerry Couture, Yukon Conservation Society, January 2008 762 Government of Yukon. Major Mine Licensing – Brewery Creek. www.emr.gov.yk.ca/mining/brewery_creek. html. 763 Government of Yukon. Major Mine Licensing – Sa Dena Hes. www.emr.gov.yk.ca/mining/sa_dena_hes.html. 764 htt p://www.geology.gov.yk.ca/publications/posters/lewis_uranium_poster_2007.pdf 765 “Wind River Threatened by Roads for Uranium Mining Exploration”, Canadian Parks and Wilderness Society, November 2007, as found at www.cpawsyukon.org/get-involved/wind-river-alert-background.html 766 Personal communication with Gerry Couture, Yukon Conservation Society, January 2008 767 “Uranium exploration could open Pandoras box, critics fear”, By Chris Oke Special to the Yukon News, 184 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Wednesday, November 28, 200 768 www.emr.gov.yk.ca/energy/coal.html#Overview 769 Campbell, Karen. Undermining our Future: How mining’s privileged access to land harms people and the environment. 770 Sherwood Copper Corp. Sherwood Delivers First Concentrates from Minto Mine to Port of Skagway, Alaska. July 25, 2007. www.sherwoodcopper.com/s/NewsReleases.asp 771 Government of Yukon. Major Mine Licensing – Minto. www.emr.gov.yk.ca/mining/minto.html. 772 US Department of Commerce. Fact Sheet: The Yukon Mining Sector. 2006. 773 Personal communication with Sue Moodie, Yukon Conservation Society. December 7, 2001. 774 Yukon Conservation Society. YCS Examines Mining. 775 Personal communication with Gerry Couture, Yukon Conservation Society, January 2008 776 Personal communication with Gerry Couture, Yukon Conservation Society, January 2008 777 Government of Yukon. Type II Mine Sites Under Yukon Government Care. www.emr.gov.yk.ca/sites_under_ government_care.html 778 MiningWatch Canada. Yukon Faces Renewed Mining Problems. March 21, 2005. www.miningwatch.ca/index. php?/Yukon/Yukon_Faces_Renewed_Mining_Problems 779 MiningWatch Canada. Yukon Faces Renewed Mining Problems. March 21, 2005. www.miningwatch.ca/index. php?/Yukon/Yukon_Faces_Renewed_Mining_Problems 780 Faro, Yukon Territory: www.faro.yk.net/history.html 781 Faro, Yukon Territory: www.faro.yk.net/history.html 782 Faro, Yukon Territory: www.faro.yk.net/history.html 783 Faro Mine Closure Offi ce. A Detailed History of the Faro Mine Complex. Error! Bookmark not defi ned. 784 Tobin, Chuck. Plans for Faro Mine Whitt led Down. Whitehorse Star. June 28, 2007. 785 Tobin, Chuck. Plans for Faro Mine Whitt led Down. Whitehorse Star. June 28, 2007 786 CBC News. Faro cleanup delay irks Environment Canada. January 5, 2007. www.cbc.ca/canada/north/ story/2007/01/05/faro-plan.html 787 Weinstein. Just Like People Get Lost. 788 Miningwatch Canada and the Sierra Club of Canada.To Establish a Clean Canada Fund. 789 Minister of the Environment. The State of Canada’s Environment. 790 Tobin, Chuck. Plans for Faro Mine Whitt led Down. 791 CCSG Associates. Financial Options for the Remediation of Mine Sites. 792 CCSG Associates. Financial Options for the Remediation of Mine Sites. 793 Yukon Government News Release. Agreement Reached on Management of Faro Mine Assets. August 11, 1999. 794 Tobin, Chuck. Plans for Faro Mine Whitt led Down. 795 Tobin, Chuck. Plans for Faro Mine Whitt led Down. Whitehorse Star. June 28, 2007 796 Tobin, Chuck. Plans for Faro Mine Whitt led Down. Whitehorse Star. June 28, 2007 797 Tobin, Chuck. Plans for Faro Mine Whitt led Down. Whitehorse Star. June 28, 2007 798 Tobin, Chuck. Plans for Faro Mine Whitt led Down. Whitehorse Star. June 28, 2007 799 MiningWatch Canada. Mining’s “Bad Actors” May Finally be Held to Account. January 10, 2007. www. miningwatch.ca/index.php?/Yukon/YT_oppression_remedy 800 CBC News. Water licence issued to former BYG mine head. August 2, 2007. 801 CCSG Associates. Financial Options for the Remediation of Mine Sites 802 Mining Act. R.S.O. 1990, c. M-14. 803 Swaigen, John. “Statutory Compensation Clean-Up, and Environmental Restoration Schemes”. Chapter 7. Environment on Trial, 3rd Edition, John Swaigen, ed., at p. 131. 804 See M.W. Bucovetsky, “The Mining Industry and the Great Tax Reform Debate”, in Pressure Group Behaviour in Canadian Politics, A. Paul Pross ed., McGraw-Hill Ryerson Limited, 1975 and Nelles, H.V. The Politics of Development: Forests, Mines and Hydro-Electric Power in Ontario, 1849-1941, Toronto: MacMillan of Canada, 1974. 805 The Northern Miner. Southam Magazine Group, Toronto, Ontario, March 14, 1994. p 4 806 For example, see the annual reports of the Canadian Institute for Environmental Law and Policy (Canadian Institute for Environmental Law and Policy) on the “Common Sense Revolution” (the Common Sense Revolution Reports). 807 Government of Alberta. Discussion Draft of Alberta’s Submission to the Federal, Provincial and Territorial Review of Regulations Aff ecting the Mining Sector. March 24, 1998. p. 8. 808 Canadian Institute for Environmental Law and Policy. Common Sense Revolution 2. p. 28. 809 Canadian Institute for Environmental Law and Policy. Common Sense Revolution 2. p. 28. 810 Canadian Environmental Law Association. The Environmental Iplications of Bill 26. Prepared for the Standing Committ ee on General Government of the Ontario Legislature December 1995. pp. 25-26. 811 Common Sense Revolution 1 (Canadian Institute for Environmental Law and Policy, June 1996), p. 39 and Endnotes 185 Common Sense Revolution-2, pp. 106-107. These changes were made by way of Bill 26 (the Savings and Restructuring Act) and later implemented by regulation. 812 Castrilli. Environmental Regulation of the Mining Industry in Canada p. 47. 813 Sierra Legal Defence Fund. Digging Up Trouble. p. 7. 814 “Company Grabs Mining Rights to Premier’s Land” By Monte Paulsen, Published April 19, 2005 by TheTyee.ca 815 “Company Grabs Mining Rights to Premier’s Land” By Monte Paulsen, Published April 19, 2005 by TheTyee.ca 816 “Company Grabs Mining Rights to Premier’s Land” By Monte Paulsen, Published April 19, 2005 by TheTyee.ca 817 “Company Grabs Mining Rights to Premier’s Land” By Monte Paulsen, Published April 19, 2005 by TheTyee.ca 818 The October 1999 CELA/Canadian Institute for Environmental Law and Policy brief to the Ontario MNDM, citing a 1995 BC Government discussion paper on mine reclamation security policy, notes (at p. 6) that “the B.C. Ministry of Energy, Mines and Petroleum has been gradually amending reclamation permits to increase the security required from existing mines”, and “intends to continue to do this as a means of achieving a full security policy for long-term operations by 1997.” 819 CCSG Associates. Financial Options for the Remediation of Mine Sites. p. 31 820 “Ensuring the fox has streamlined access at the henhouse: the federal Smart Regulation initiative”, MiningWatch Canada, December 2005, as found at htt p://www.miningwatch.ca/index.php?/Imperial_Metals/Smart_regs 821 “Ensuring the fox has streamlined access at the henhouse: the federal Smart Regulation initiative”, MiningWatch Canada, December 2005 822 Canadian Mineral Yearbook, Overview, 2006 823 “Mining merger wars:for Mick Davis, this bumper bid is all about his hubris, ambition” Derek Decloet, posted on 18/05/06 824 “Inside BC’s Mining Boom: Why billions are pouring in for copper, coal, uranium”, by Monte Paulsen Published the Tyee.ca, May 17, 2007, as found at Error! Bookmark not defi ned.Error! Bookmark not defi ned. 825 As found at htt p://www.northernlife.ca/News/Columns/Archive/Sudol/04-18-07-mining.asp?NLStory=04-18-07- mining 826 “Public Opinion Research in the Government of Canada: Highlights Of Key Public Opinion Research Projects”, as found at htt p://www.tpsgc-pwgsc.gc.ca/por/text/rpt06-07-06-e.html 827 Results of the CBC/Environics poll November 2006, as found at htt p://www.cbc.ca/news/background/public- opinion/ 828 htt p://erg.environics.net/media_room/default.asp?aID=632 829 “Poll: Increasing Majority Call Canada’s Pollution Laws Inadequate”, McAllister Opinion Research, Vancouver, September 4, 2007, as found at htt p://www.gvrd.bc.ca/smartsteps/pdfs/mcallistreglobescanpressreleasesep07.pdf 830 Kemess North Copper-Gold Mine Project Joint Review Panel Report Summary, September 17, 2007 831 Kemess North Copper-Gold Mine Project Joint Review Panel Report Summary, September 17, 2007

186 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Glossary of Selected Mining Terms

Acidic precipitation / Acid Rain Backfi ll - Waste material used to Blasthole - A drill hole in a mine - Snow and rain that have a low fi ll the void created by mining an that is fi lled with explosives in pH, caused by sulphur dioxide orebody. order to blast loose a quantity of and nitric oxide gases from rock. industrial activity released into the Background - Minor amounts of atmosphere. radioactivity due not to abnormal Blister copper - A crude form amounts of radioactive minerals of copper (assaying about 99%) Acid mine drainage - Acidic nearby, but to cosmic rays and produced in a smelter, which run-off water from mine waste minor residual radioactivity in the requires further refi ning before dumps and mill tailings ponds vicinity. being used for industrial purposes. containing sulphide minerals. Also refers to ground water pumped Ball mill - A steel cylinder fi lled Bulk mining - Any large-scale, to surface from mines. Sometimes with steel balls into which crushed mechanized method of mining referred to as Acid Rock Drainage. ore is fed. The ball mill is rotated, involving many thousands of causing the balls to cascade and tonnes of ore being brought to Adit - An opening driven grind the ore. surface per day. horizontally into the side of a mountain or hill for providing Basal till - Unsorted glacial debris Bulk sample - A large sample access to a mineral deposit. at the base of the soil column of mineralized rock, frequently where it comes into contact with hundreds of tonnes, selected Aeromagnetic survey - A the bedrock below. in such a manner as to be geophysical survey using a representative of the potential magnetometer aboard, or towed Base camp - Centre of operations orebody being sampled. Used behind, an aircraft . from which exploration activity is to determine metallurgical conducted. characteristics. Airborne survey - A survey made from an aircraft to obtain Base metal - Any non-precious Bull market - Term used to photographs, or measure magnetic metal (eg. copper, lead, zinc, describe fi nancial market properties, radioactivity, etc. nickel, etc.). conditions when share prices are going up. ANFO - Acronym for ammonium Batholith - A large mass of igneous nitrate and fuel oil, a mixture used rock extending to great depth with Byproduct - A secondary metal or as a blasting agent in many mines. its upper portion dome-like in mineral product recovered in the shape. Similar, smaller masses of milling process.C Annual report - The formal igneous rocks are known as bosses fi nancial statements and report on or plugs. Cable bolt - A steel cable, capable operations issued by a corporation of withstanding tens of tonnes, to its shareholders aft er its fi scal Bauxite - A rock made up of cemented into a drillhole to lend year-end. hydrous aluminum oxides; the support in blocky ground. most common aluminum ore. Anode - A rectangular plate of Cage - The conveyance used to metal cast in a shape suitable for Bear market - Term used to transport miners and equipment refi ning by the electrolytic process. describe market conditions when between the surface and the mine share prices are declining. levels. Anomaly - Any departure from the norm which may indicate the Bedding - The arrangement of Calcine - Name given to presence of mineralization in the sedimentary rocks in layers. concentrate that is ready for underlying bedrock. smelting (i.e. the sulphur has been Benefi ciate - To concentrate driven off by oxidation). Anthracite - A hard, black coal or enrich; oft en applied to the containing a high percentage of preparation of iron ore for Carbon-in-pulp - A method of fi xed carbon and a low percentage smelting. recovering gold and silver from of volatile matt er. pregnant cyanide solutions by Bentonite - A clay with great adsorbing the precious metals Assay - A chemical test performed ability to absorb water and which to granules of activated carbon, on a sample of ores or minerals to swells accordingly. which are typically ground up determine the amount of valuable coconut shells. metals contained. Bessemer - An iron ore with a very low phosphorus content. Cathode - A rectangular plate of Assay map - Plan view of an metal, produced by electrolytic area indicating assay values and Bio-leaching - A process for refi ning, which is melted into locations of all samples taken on recovering metals from low-grade commercial shapes such as the property. ores by dissolving them in wirebars, billets, ingots, etc. solution, the dissolution being Assessment work - The amount aided by bacterial action. Circulating load - Over-sized of work, specifi ed by mining law, chunks of ore returned to the that must be performed each year Blast furnace - A reaction vessel head of a closed grinding circuit in order to retain legal control of in which mixed charges of oxide before going on to the next stage of mining claims. ores, fl uxes and fuels are blown treatment. with a continuous blast of hot air Autogenous grinding - The and oxygen-enriched air for the Claim - A portion of land held process of grinding ore in a chemical reduction of metals to either by a prospector or a mining rotating cylinder using large pieces their metallic state. company. In Canada, the common of the ore instead of conventional size is 1,320 ft . (about 400 m) steel balls or rods. square, or 40 acres (about 16 ha).

Glossary 187 Clarifi cation - Process of Custom smelter - A smelter which Electrolysis - An electric current clearing dirty water by removing processes concentrates from is passed through a solution suspended material. independent mines. Concentrates containing dissolved metals, may be purchased or the smelter causing the metals to be deposited Classifi er - A mineral-processing may be contracted to do the onto a cathode. machine which separates minerals processing for the independent according to size and density. company. Electrolytic refi ning - The process of purifying metal ingots that Closed circuit - A loop in the Cut-and-fi ll - A method of stoping are suspended as anodes in an milling process wherein a selected in which ore is removed in slices, electrolytic bath, alternated with portion of the product of a or lift s, and then the excavation refi ned sheets of the same metal machine is returned to the head is fi lled with rock or other waste which act as starters or cathodes. of the machine for fi nishing to material (backfi ll), before the required specifi cation. subsequent slice is extracted. EM survey - A geophysical survey method which measures Coal - A carbonaceous rock mined Cyanidation - A method of the electromagnetic properties of for use as a fuel. extracting exposed gold or silver rocks. grains from crushed or ground ore Coalifi cation - The metamorphic by dissolving it in a weak cyanide Environmental impact study - A processes of forming coal. solution. May be carried out in writt en report, compiled prior to a tanks inside a mill or in heaps of production decision, that examines Collar - The term applied to the ore out of doors. the eff ects proposed mining timbering or concrete around activities will have on the natural the mouth of a shaft ; also used to Cyanide - A chemical species surroundings. describe the top of a mill hole. containing carbon and nitrogen used to dissolve gold and silver Erosion - The breaking down and Column fl otation - A milling from ore. subsequent removal of either rock process, carried out in a tall or surface material by wind, rain, cylindrical column, whereby Depletion - An accounting wave action, freezing and thawing valuable minerals are separated device, used primarily in tax and other processes. from gangue minerals based on computations. It recognizes the their wetability properties. consumption of an ore deposit, a Exploration - Prospecting, mine’s principal asset. sampling, mapping, diamond Common stock - Shares in a drilling and other work involved company which have full voting Development - Underground in searching for ore. rights which the holders use to work carried out for the purpose control the company in common of opening up a mineral Ferrous - Containing iron. with each other. There is no fi xed deposit. Includes shaft sinking, or assured dividend as with crosscutt ing, drift ing and raising. Flotation - A milling process in preferred shares, which have which valuable mineral particles fi rst claim on the distribution of a Development drilling - drilling are induced to become att ached to company’s earnings or assets. to establish accurate estimates of bubbles and fl oat as others sink. mineral reserves. Complex ore - An ore containing Flowsheet - An illustration a number of minerals of economic Diamond - The hardest known showing the sequence of value. The term oft en implies that mineral, composed of pure carbon; operations, step by step, by there are metallurgical diffi culties low-quality diamonds are used to which ore is treated in a milling, in liberating and separating the make bits for diamond drilling in concentration or smelting process. valuable metals. rock. Flow-through shares - Shares in Cone crusher - A machine which Diamond drill - A rotary type of an exploration company that allow crushes ore between a gyrating rock drill that cuts a core of rock the tax deduction or credits for cone or crushing head and an that is recovered in long cylindrical mineral exploration to be passed to inverted, truncated cone known as sections, two cm or more in the investor. a bowl. diameter. Flux - A chemical substance that Concentrate - A fi ne, powdery Dilution (mining) - Rock that is , reacts with gangue minerals to product of the milling process by necessity, removed along with form slags, which are liquid at containing a high percentage of the ore in the mining process, furnace temperature and low valuable metal. subsequently lowering the grade enough in density to fl oat on the of the ore. molten bath of metal or matt e. Concentrator - A milling plant that produces a concentrate of Drill-indicated reserves - The size Free milling - Ores of gold or the valuable minerals or metals. and quality of a potential orebody silver from which the precious Further treatment is required to as suggested by widely spaced metals can be recovered by recover the pure metal. drillholes; more work is required concentrating methods without before reserves can be classifi ed as resorting to pressure leaching or Converter - In copper smelting, a probable or proven. other chemical furnace used to separate copper metal from matt e. Due diligence - The degree Geochemistry - The study of the of care and caution required chemical properties of rocks. Core - The long cylindrical piece before making a decision; of rock, about an inch in diameter, loosely, a fi nancial and technical Geology - The science concerned brought to surface by diamond investigation to determine whether with the study of the rocks which drilling. an investment is sound. compose the Earth. Cordillera - The continuous chain Dump - A pile of broken rock or Geophysics - The study of the of mountain ranges on the western ore on surface. physical properties of rocks and margin of North and South minerals. America.

188 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Geophysical survey - A scientifi c Internet Staking - A form of Map-staking - A form of method of prospecting that claim-staking practised in some claim-staking practised in some measures the physical properties jurisdictions whereby claims are jurisdictions whereby claims are of rock formations. Common staked by selecting claim areas staked by drawing lines around properties investigated include and fi ling the claim with the the claim on claim maps which magnetism, specifi c gravity, provincial mining department; are then fi led with the provincial electrical conductivity and usually done by selecting from an mining department to stake a radioactivity. on-line map. claim. Glory hole - An open pit from Ion exchange - An exchange of Marginal deposit - An orebody of which ore is extracted, especially ions in a crystal with irons in a minimal profi tability. where broken ore is passed to solution. Used as a method for underground workings before recovering valuable metals, such as Metallurgical coal - Coal used to being hoisted. uranium, from solution. make steel. Grab sample - A sample from a Jig - A piece of milling equipment Metallurgy - The study of rock outcrop that is assayed to used to concentrate ore on a screen extracting metals from their ores. determine if valuable elements submerged in water, either by are contained in the rock. A grab the reciprocating motion of the Mill - A plant in which ore is sample is not intended to be screen or by the pulsation of water treated and metals are recovered representative of the deposit, and through it. or prepared for smelting; also usually the best-looking material is a revolving drum used for the selected Kimberlite - A variety of grinding of ores in preparation for peridotite; the most common host treatment. Greenstone belt - An area rock of diamonds. underlain by metamorphosed Milling ore - Ore that contains volcanic and sedimentary rocks, Laterite - A residual soil, ususally suffi cient valuable mineral to be usually in a continental shield. found in tropical countries, out of treated by milling process. which the silica has been leached. Heap leaching - A process May form orebodies of iron, nickel, Minable reserves - Ore reserves whereby valuable metals, bauxite and manganese. that are known to be extractable usually gold and silver, are using a given mining plan. leached from a heap, or pad, of Leaching - A chemical process for crushed ore by leaching solutions the extraction of valuable minerals Mineral - A naturally occurring percolating down through the from ore; also, a natural process homogeneous substance having heap and collected from a sloping, by which ground waters dissolve defi nite physical properties impermeable liner below the pad. minerals, thus leaving the rock and chemical composition with a smaller proportion of some and, if formed under favorable Hedging - Taking a buy or sell of the minerals than it contained conditions, a defi nite crystal form. position in a futures market originally. opposite to a position held in the Nugget - A small mass of precious cash market to minimize the risk of Level - The horizontal openings metal, found free in nature. fi nancial loss from an adverse price on a working horizon in a mine; change. it is customary to work mines Open pit - A mine that is entirely from a shaft , establishing levels at on surface. Also referred to as High grade - Rich ore. As a verb, regular intervals, generally about open-cut or open-cast mine. it refers to selective mining of the 50 metres or more apart. best ore in a deposit. Ore - A mixture of ore minerals Limestone - A bedded, and gangue from which at least High-grader - One who steals rich sedimentary deposit consisting one of the metals can be extracted ore, especially gold, from a mine. chiefl y of calcium carbonate. at a profi t. Host rock - The rock surrounding Line cutt ing - Straight clearings Orebody - A natural concentration an ore deposit. through the bush to permit of valuable material that can be sightings for geophysical and other extracted and sold at a profi t. Hydrometallurgy - The treatment surveys. of ore by wet processes, such as Ore Reserves - The calculated leaching, resulting in the solution Lode - A mineral deposit in solid tonnage and grade of of a metal and its subsequent rock. mineralization which can be recovery. extracted profi tably; classifi ed as Magnetic gradient survey - A possible, probable and proven Induced polarization - A method geophysical survey using a pair according to the level of confi dence of ground geophysical surveying of magnetometers a fi xed distance that can be placed in the data. employing an electrical current apart, to measure the diff erence to determine indications of in the magnetic fi eld with height Outcrop - An exposure of rock or mineralization. above the ground. mineral deposit that can be seen on surface, that is, not covered by soil Industrial minerals - Non-metallic, Magnetic separation - A process in or water. non-fuel minerals used in the which a magnetically susceptible chemical and manufacturing mineral is separated from gangue Oxidation - A chemical reaction industries. Examples are asbestos, minerals by applying a strong caused by exposure to oxygen that gypsum, salt, graphite, mica, magnetic fi eld; ores of iron are results in a change in the chemical gravel, building stone and talc. commonly treated in this way. composition of a mineral. Magnetic survey - A geophysical Pan - To wash gravel, sand or survey that measures the intensity crushed rock samples in order of the Earth’s magnetic fi eld. to isolate gold or other valuable metals by their higher density.

Glossary 189 Patent - The ultimate stage of Pyrrhotite - A bronze-colored, Seismic prospecting - A holding a mineral claim, aft er magnetic iron sulphide mineral. geophysical method of which no more assessment work prospecting, utilizing knowledge is necessary because all mineral Rare earth elements - Relatively of the speed of refl ected sound rights have been earned. scarce minerals such as niobium waves in rock. and ytt rium. Pellet - A marble-sized ball Shaft - A vertical or inclined of iron ore fused with clay Reclamation - The restoration of excavation in rock for the purpose for transportation and use in a site aft er mining or exploration of providing access to an orebody. steelmaking. activity is completed. Usually equipped with a hoist at the top, which lowers and raises a Pillar - A block of solid ore or other Reconnaissance - A preliminary conveyance for handling workers rock left in place to structurally survey of ground. and materials. support the shaft , walls or roof of a mine. Recovery - The percentage of Siderite - Iron carbonate, which valuable metal in the ore that when pure, contains 48.2% iron; Pitchblende - An important is recovered by metallurgical must be roasted to drive off carbon uranium ore mineral. It is black treatment. dioxide before it can be used in a in color, possesses a characteristic blast furnace. Roasted product is greasy lustre and is highly Refractory ore - Ore that resists called sinter. radioactive. the action of chemical reagents in the normal treatment processes Sinter - Fine particles of iron ore Placer - A deposit of sand and and which may require pressure that have been treated by heat to gravel containing valuable metals leaching or other means to eff ect produce blast furnace feed. such as gold, tin or diamonds. the full recovery of the valuable minerals. Slag - The vitreous mass separated Plant - A building or group of from the fused metals in the buildings in which a process or Replacement ore - Ore formed smelting process. function is carried out; at a mine by a process during which certain site it will include warehouses, minerals have passed into solution Sodium cyanide - A chemical hoisting equipment, compressors, and have been carried away, used in the milling of gold ores to maintenance shops, offi ces and the while valuable minerals from the dissolve gold and silver. mill or concentrator. solution have been deposited in the place of those removed. Solvent extraction-electrowinning Polishing pond - The last in a (SX-EW) - A metallurgical series of sett ling ponds through Resource - The calculated amount technique, so far applied only to which mill effl uent fl ows before of material in a mineral deposit, copper ores, in which metal is being discharged into the natural based on limited drill information. dissolved from the rock by organic environment. solvents and recovered from Reverberatory furnace - A long, solution by electrolysis. Possible reserves - Valuable fl at furnace used to slag gangue mineralization not sampled minerals and produce a matt e. Stope - An excavation in a mine enough to accurately estimate its from which ore is, or has been, tonnage and grade, or even verify Rockburst - A violent release of extracted. its existence. Also called “inferred energy resulting in the sudden reserves.” failure of walls or pillars in a mine, Strike - The direction, or bearing caused by the weight or pressure from true north, of a vein or rock Potash - Potassium compounds of the surrounding rocks. formation measure on a horizontal mined for fertilizer and for use in surface. the chemical industry. Rock mechanics - The study of the mechanical properties of rocks, Strip - To remove the overburden Precambrian Shield - The oldest, which includes stress conditions or waste rock overlying an most stable regions of the earth’s around mine openings and the orebody in preparation for mining crust, the largest of which is the ability of rocks and underground by open pit methods. Canadian Shield. structures to withstand these stresses. Stripping ratio - The ratio of Primary deposits - Valuable tonnes removed as waste relative minerals deposited during the Rod mill - A rotating steel cylinder to the number of tonnes of ore original period or periods of that uses steel rods as a means of removed from an open-pit mine. mineralization, as opposed to those grinding ore. deposited as a result of alteration Strip mine - An open-pit mine, or weathering. Room-and-pillar mining - A usually a coal mine, operated by method of mining fl at-lying ore removing overburden, excavating Probable reserves - Valuable deposits in which the mined-out the coal seam, then returning the mineralization not sampled area, or rooms, are separated by overburden. enough to accurately estimate the pillars of approximately the same terms of tonnage and grade. Also size. Sub-bituminous - A black coal, called “indicated reserves.” intermediate between lignite and Salting - The act of introducing bituminous. Prospect - A mining property, metals or minerals into a deposit or the value of which has not been samples, resulting in false assays. Subsidiary company - A company determined by exploration. Done either by accident or with the in which the majority of shares intent of defrauding the public. (a controlling position) is held by Proven reserves - Reserves that another company. have been sampled extensively by Sample - A small portion of rock or closely spaced diamond drill holes a mineral deposit taken so that the Sulphide - A compound of and developed by underground metal content can be determined sulphur and some other element. workings in suffi cient detail to by assaying. render an accurate estimation of grade and tonnage. Also called “measured reserves.” 190 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Sulphide dust explosions - An underground mining hazard involving the spontaneous combustion of airborne dust containing sulphide minerals. Sulphur dioxide - A gas liberated during the smelting of most sulphide ores; either converted into sulphuric acid or released into the atmosphere in the form of a gas. Sump - An underground excavation where water accumulates before being pumped to surface. Tailings - Material rejected from a mill aft er most of the recoverable valuable minerals have been extracted. Tailings pond - A low-lying depression used to confi ne tailings, the prime function of which is to allow enough time for heavy metals to sett le out or for cyanide to be destroyed before water is discharged into the local watershed. Thermal coal - Coal burned to generate the steam that drives turbines to generate electricity. Thickener - A large, round tank used in milling operations to separate solids from liquids; clear fl uid overfl ows from the tank and rock particles sink to the bott om. Trench - A long, narrow excavation dug through overburden, or blasted out of rock, to expose a vein or ore structure. Trend - The direction, in the horizontal plane, of a linear geological feature, such as an ore zone, measured from true north. Tube mill - An apparatus consisting of a revolving cylinder about half-fi lled with steel rods or balls and into which crushed ore is fed for fi ne grinding. Witness post - A claim post placed on a claim line when it cannot be placed in the corner of a claim because of water or diffi cult terrain. Zone - An area of distinct mineralization. Zone of oxidation - The upper portion of an orebody that has been oxidized.

Glossary 191 Suggested Readings and On-line Resources

Chapter 2 Mining the Boreal Canadian Boreal Initiative, The Boreal in the Balance: Securing the Future of Canadas Boreal Region, 2005. Canada’s Boreal region off ers a tremendous opportunity for conservation on a large scale, but there is a diminishing window of time to plan for conservation solutions. Available online at htt p://www.borealbirds.org/resources/report-cbi-borealinthebalance.pdf

Anielski, Mark and Sarah Wilson, Counting Canadas Natural Capital: Assessing the Real Value of Canada’s Boreal Ecosystems, Pembina Institute, November 2005. The economic value of the non-market services provided by the Boreal region is over two times greater than the net market value of resource extraction activities. The value of the current total carbon stored in Canada’s Boreal is estimated at $3.7 trillion. Available online at htt p://www.borealbirds.org/resources/report-pembina-canadasnaturalcapital.pdf

Boreal Futures: Governance, Conservation and Development in Canada’s Boreal: State of the Debate, National Round Table on the Environment and the Economy. This report examines the state of the boreal region today, and makes recommendations to achieve sustainability in this nationally and globally signifi cant region. Available online at htt p://www.borealbirds.org/reports/bsi-borealfutures-nrtee.pdf

Parfi tt , Ben. Undermining Biodiversity. Environmental Mining Council of BC, 2001. An examination of the environmental consequences of improperly located and poorly operated mines for biodiversity and ecological well-being. Discusses impacts of mining in terms of roads, watersheds, wildlife and water quality. Available online at htt p://www.eyedesign.com/publications/undermining.pdf

Canadian Minerals Yearbook, Minerals and Metals Sector (MMS), Natural Resources Canada. A comprehensive annual review of developments in the mineral industry. This publication forms a continuing historical record from year to year. Available online at htt p://www.nrcan.gc.ca/mms/cmy/pref_e.htm

Overview of Trends in Canadian Mineral Exploration, Intergovernmental Working Group on the Mineral Industry (IGWG). This report is prepared annually for presentation to federal, provincial and territorial mines ministers. It contains information on recent exploration and deposit appraisal spending levels in Canada, a review of exploration and deposit appraisal activities in the provinces and territories, and analyses of domestic and international trends aff ecting the Canadian mineral exploration sector. Available online at: htt p://nrcan-rncan.gc.ca/mms/pubs/explor_e.htm

Key web sites MiningWatch Canada www.miningwatch.ca Canadian Boreal Initiative www.borealcanada.ca Canadian Songbird Initiative web site www.borealbirds.org

Chapter 3 The Mining Sequence Campbell, Karen Undermining Our Future: How Minings Privileged Access to Land Harms People and the Environment, West Coast Environmental Law Association, January 2004. A discussion paper on the need to reform mineral tenure law in Canada by Karen Campbell, West Coast Environmental Law staff counsel, January 2004. The full report is available as a PDF (45 pp; 420 KB) at htt p://www.miningwatch.ca/updir/WCEL_Free_Entry_ paper.pdf

192 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Association of Mineral Exploration in British Columbia. Mineral Exploration Primer. This series provides a general outline and “user friendly” translation of the technical materials found in news releases and analysts’ reports pertaining to mineral exploration and mining. Found on-line at www.amebc.ca/mineralexplorationprimer.htm

Sumi, L. Environmental Mining Primer: A Citizens Guide to Issues, Impacts, and Options in Mineral Development. Victoria: Environmental Mining Council of BC, 2001. The essential reader on environmental impacts of mining. Describes mining and milling processes, and details impacts on water and land. Primers on Labour, Mineral Effi ciency, Water, Mineral Exploration, Environmental Impacts of Mining, Mining and Wildlife, Acid Mine Drainage, Mineral Financing, Roads, Modern Treaties, Negotiations, Environmental Impact Assessments, First Nations Guidelines and Consultation Process, Memorandum of Understanding, Impact and Benefi t Agreements, Land Rights and Taking Action. Available on-line at htt p://www.miningwatch.ca/index.php?/Publications/publications

Sumi, Lisa and Sandra Thomsen. Mining in Remote Areas: Issues and Impacts -- A Community Primer To respond eff ectively to the challenges of mineral development, communities need the context and information necessary to understand and weigh the issues. This booklet profi les major impacts associated with mines developed in remote areas Available on-line at htt p://www.miningwatch.ca/index.php?/Publications/publications

BC Wild & Environmental Mining Council of BC. Acid Mine Drainage Mining & Water Pollution Issues in BC. BC Wild & Environmental Mining Council of BC, Undated. A primer on acid mine drainage and related environmental impacts. Available online at htt p://miningwatch.ca/index.php?/AMD/AMD_booklet

Kuipers, James R. and Ann S. Maest, Comparison of Predicted and Actual Water Quality at Hardrock Mines: The reliability of predictions in Environmental Impact Statements, Earthworks, 2006. The overall purpose of this study is to examine the reliability of pre-mining water quality predictions at hard rock mining operations in the United States. To our knowledge, no eff ort has previously been made to systematically compare predicted and actual water quality for mines in the U.S. or elsewhere. Available online at htt p://www.earthworksaction.org/pubs/ComparisonsReportFinal.pdf

Key Web sites Links to the mining department for each province and territory can be found at htt p://www.nrcan.gc.ca/ms/ busi-entre/ptar_e.htm. The provincial or territorial departments web sites will have links to mining acts and regulations, and many will have links to their claims fabric, or other maps and information identifying where there are active mines and active mining claims or exploration projects.

Natural Resources Canadas A-Z index will help you quickly locate information of interest on their very large web site. The index can be found at htt p://www.nrcan.gc.ca/ms/alphindex_e.htm and covers a large range of mining topics, from abandoned mines to zinc.

Public Interest Organizations dedicated to improving mining practices: MiningWatch Canada (Canada) www.miningwatch.ca Earthworks (United States) htt p://www.earthworksaction.org Mineral Policy Institute (Australia) htt p://www.mpi.org.au Centre for Science in Public Participation htt p://www.csp2.org/

Chapter 4 Mining and the Environment WWF Canada, Map of ‘Prospecting Permits in Relation to Existing and Proposed Protected Areas’ in Canada’s North, February 2006. Available online at htt p://manitobawildlands.org/maps/WWF_MineralComm06_lg.jpg

Suggested Readings and On-line Resources 193 Noss, Reed, PhD. The Ecological Eff ects of Roads. August 1996. Still the defi nitive summary of the eff ects of roads on biological diversity. Available online at htt p://www.wildlandscpr.org/ecological-eff ects-roads

Price, Bill, Challenges Posed by Metal Leaching and Acid Rock Drainage at Closed Mines, Canmet, Natural Resources Canada, 2003. This paper discusses long term implications of acid mine drainage, including those related to environmental performances, challenges in predicting acid mine drainage, limited operating experience, and the need for pro- active approaches to detection. A technical paper, but writt en in accessible language. Available online at htt p://www.trcr.bc.ca/docs/2003-price.pdf

U.S. Environmental Protection Agency, Human Health and Environmental Damages from Mining and Mineral Processing Wastes. Technical Background Document. Based on an analysis of 66 case studies. 1995. EPA developed this background document to illustrate the human health and environmental damages caused by management of wastes from mining (i.e., extraction and benefi ciation) and mineral processing, particularly damages caused by placement of mining and mineral processing wastes in land-based units. Available online at www.epa.gov/epaoswer/other/mining/minedock/damage/index.htm

Moodie, Sue, Mine Monitoring Manual: A Resource for Community Members. Yukon Conservation Society. 2001. This manual is designed to help community members monitor the water quality impacts of a mine and determine the main sources of contamination and the level of pollution being generated by a mine. Available online at htt p://www.eprf.ca/eprf/mlf/documents/minemanual.pdf

Diehl, Peter, “Uranium Mining and Milling Wastes: An Introduction”, World Information Service on Energy, August 2004. A very brief and easily read overview of uranium mining and milling and some of the related environmental and health issues. as found at htt p://www.wise-uranium.org/uwai.html

Winfi eld, Mark S., Clearing the Air: Uranium Mining: Nuclear Power’s Dirty Secret, Pembina Institute for Sustainable Develoment, 2007. This study examines the environmental impacts of the use of nuclear energy for electricity generation in Canada through each of the four major stages of nuclear energy production. Available on-line at htt p://www.pembina.org/pub/1503

Key web sites The Center for Science in Public Participation provides training and technical advice to grassroots groups on water pollution and natural resource issues, especially those related to mining. CSP2 seeks to focus the debate on factual issues, as brought to light by its technical analyses, and whenever possible to seek consensus and win-win solutions. CSP2 also performs policy related work with federal, state and tribal regulatory agencies on the implementation of water quality, waste disposal, and mining reclamation regulations. Reports and contact information available online at htt p://www.csp2.org/organization.htm

National Pollutants Release Inventory is Canada’s legislated, publicly-accessible inventory of pollutants released, disposed of and sent for recycling by facilities across the country. Industrial, institutional and commercial facilities which meet NPRI reporting requirements are required to report under the Canadian Environmental Protection Act, 1999 (CEPA 1999). Available online at htt p://www.ec.gc.ca/pdb/npri/npri_ home_e.cfm

PollutionWatch provides information about pollutants that mining facilities release and transfer, including toxic pollutants (such as benzene, lead, dioxins and furans), Criteria Air Contaminants (pollutants that cause smog and acid rain) and greenhouse gases (air pollutants that lead to global climate change). PollutionWatch uses data from the Naional Pollutants Release Inventory, but classifi es releases, disposals and transfers diff erently than Environment Canada’s NPRI program. PollultionWatch is online at www.pollutionwatch.org

194 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Chapter 5 Mining and Society Kuyek, Joan and Coumans, Catherine. No Rock Unturned: Revitalizing the Economies of Mining Dependent Communities. This document, which includes a literature review and bibliography, provides an overview of current research and information on problems faced by mining-dependent communities and the ways and means by which Canadian communities that are dependent on mining have been able to revitalize their economies in the face of industry down-sizing and closure. Available on-line at htt p://www.miningwatch.ca/index.php?/Publications/publications

CCSG Associates. Overburdened: Understanding the Impacts of Mineral Extraction on Womens Health in Mining Communities, MiningWatch Canada, 2004 This is a comprehensive literature review prepared by CCSG Associates for MiningWatch Canada. The purpose of the review is to provide information to help heal and protect women, their families, and their communities from the adverse health impacts of mineral extraction by enhancing the level of knowledge and developing the capacity of women in mining communities to protect themselves and their families from the eff ects of mining. May 2004. Available on-line at www.miningwatch.ca/index.php?/Publications/publications

NOAMI, Community Involvement in the Remediation of Orphaned/Abandoned Mines: Case Studies and Analysis. National Orphaned/Abandoned Mines Initiative, February, 2003. Primary research and initial draft s of this document were provided by CCSG Associates. The fi nal report has been revised and edited for publication by the National Orphaned/Abandoned Mines Advisory Committ ee. htt p://www.abandoned-mines.org/ci_e.htm

Castrilli, Joseph F. Environmental Regulation of the Mining Industry in Canada: An Update of Legal and Regulatory Requirements. Walter and Duncan Gordon Foundation. 1999. Available online at htt p://www.gordonfn.org/resfi les/enviro-mining.PDF

Grieg-Gran, Maryanne, Financial Incentives for Improved Sustainability Performance: The Business Case and the Sustainability Dividend. International Institute for Environment and Development, UK. 2002. Prepared for a conference held in Washington entitled Mining, Finance and Sustainability, this report aims to provide an overview of the theory and practical evidence on the links between environmentally and socially sustainable performance and company fi nancial performance. Available online at htt p://www.iied.org/mmsd/mmsd_pdfs/047_grieg-gran.pdf

Kuyek, Joan. Understanding Mining Taxation in Canada. MiningWatch has recently published new research on the bias of the tax system towards mining exploration. The astonishing environmental and social costs of the minerals we take for granted must be respected in government policy and industry practice. Many more jobs and more sustainable economies can be created in the minerals industry if the focus shift s from mining to the re-use of minerals already taken from the ground and to value-added production in Canada. Available on-line at htt p://www.miningwatch.ca/index.php?/Publications/publications

Kuyek, Joan. “Mining Investors: Understanding the legal structure of a mining company and identifying its management, shareholders and relationship with the fi nancial market”. Communities dealing with the impact from mining activities (whether at the claim-staking, exploration, development, operating, closure, or restoration/rehabilitation stage) fi nd themselves confronted by a legal entity they may not understand, making demands that are contrary to the desires of the community, and giving reasons for its behaviour that they do not know how to counteract. This Resource is an att empt to understand the nature of this legal entity - what drives it and maintains it, where its strengths and vulnerabilities lie - and to provide some tools to persuade the entity to act in a manner that sees the best interests of the community as part of its self-interest. htt p://www.miningwatch.ca/updir/Mining_Investors.pdf

Suggested Readings and On-line Resources 195 Winfi eld, Mark S., Amy Taylor, Catherine Coumans, Franois Meloche, Joan Newman Kuyek, Looking Beneath the Surface: An Assessment of the Value of Public Support for the Metal Mining Industry in Canada, MiningWatch Canada and Pembina Institute, October 2002. This study examines the supports provided by Canadian governments to the metal mining industry over the period 1994 to 2001. The report fi nds that these supports have increased signifi cantly over the study period and are continuing to expand, while the economic benefi ts generated by the industry have declined. It concludes that further subsidization of the metal mining sector cannot be justifi ed on economic and environmental grounds, and recommends that the tax benefi ts and other special supports for the mining sector be removed. Available on-line at htt p://www.pembina.org/pub/145

NOAMI, Barriers To Collaboration: Orphaned/Abandoned Mines In Canada, Final Report Prepared for the: National Orphaned/Abandoned Mines Initiative by Joseph F. Castrilli, B.A., Ll.B., Ll.M., July 2002. This report examines existing legislative requirements in Canada, selected other North American jurisdictions and other countries, regarding voluntary abatement, remediation, and reclamation of orphaned/abandoned mine lands, noting regulatory or institutional barriers, liability disincentives, and collaborative opportunities. Available online at htt p://www.abandoned-mines.org/Castrilli%20Final%20Report.pdf

Key Web Sites The Mining Association of Canada (MAC) is a national organization of the Canadian mining industry. It comprises companies engaged in mineral exploration, mining, smelting, refi ning and semi-fabrication. Online at www.mining.ca

The Prospectors and Developers Association of Canada (PDAC) is a national association representing the interests of the mineral exploration and development industry. Online at htt p://www.pdac.ca

The International Institute for Environment and Development is a UK based international policy research institute and non governmental body working for more sustainable and equitable global development. Online at www.iied.org

Chapter 6 Aboriginal Peoples and the Mineral Sector Qureshy, Shauna, Landlords and Political Traps: How Mineral Exploration Companies Seek Access to First Nation Territory, Norman Paterson School of International Aff airs, Carleton University, 2006. Many exploration companies seek either formal negotiated agreements or non-negotiated acquiescence from First Nation communities before they begin their exploration programs, while some proceed without acquiescence or agreement. This revised research essay summarizes the fi ndings of 33 interviews with junior and major companies and consultants. Available online at htt p://www.miningwatch.ca/index.php?/Free_Entry/qureshypaper

O’Faircheallaigh, C. Environmental Agreements in Canada: Aboriginal Participation, EIA Follow-Up and Environmental Management of Major Projects, Canadian Institute of Resources Law, University of Calgary, 2006. This book examines the potential of a novel policy instrument, Environmental Agreements involving industry, government and Aboriginal peoples, to promote the goals referred to in the title.

Between a Rock and a Hard Place: Aboriginal Communities and Mining. The relationship between mining operations and communities is a diffi cult one around the world. Mining and mineral exploration can bring opportunities for economic development, jobs and training, but it can also bring environmental destruction, abrupt cultural change, and fundamental changes in the way people use the land. This document is the product of a 1999 conference organized by the Innu Nation and MiningWatch Canada, which brought together seventy-three representatives from thirty-two Aboriginal groups and communities, along with representatives of the United Steelworkers of America and MiningWatch Canada to address these issues. Available on-line at htt p://www.miningwatch.ca/index.php?/Publications/publications

196 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Hipwell, Bill, Katy Mamen, Viviane Weitzner and Gail Whiteman, Aboriginal Peoples and Mining in Canada: Consultation, Participation and Prospects for Change Working Discussion Paper, prepared for The North- South Institute, 2002. A literature review on Aboriginal perspectives on consultation with respect to mining projects. Available online at htt p://www.nsi-ins.ca/english/pdf/syncanadareport.pdf

Sosa, Irene and Karyn Keenan, Impact Benefi t Agreements Between Aboriginal Communities and Mining Companies: Their Use in Canada, Canadian Environmental Law Association, 2001. The report presents an overview of impact and benefi t agreements. Available online at htt p://www.cela.ca/publications/cardfi le.shtml?x=1021

Innu Nation Task Force on Mining Activities. Ntesinan Nteshiniminan Nteniunan Between a Rock and a Hard Place. Utashimassits: Innu Nation, 1996. Final report of the Innu Nation Task Force on Mining Activities provides an overview of the social and environmental issues confronting the Innu people in the form of Inco’s Voisey’s Bay Nickel Project. The report conveys what the Task Force learned and heard in their conversations, community meetings and research with the Innu people. Online at htt p://www.ryakuga.ca/best/ntesinan.html

Key web sites Impact and Benefi ts Agreement Research Network aims to connect IBA-focused researchers, IBA signatories, and Northern governmental organizations. Online at htt p://impactandbenefi t.com/

A comprehensive index of Aboriginal Law and Legislation is as found online at: htt p://www.bloorstreet. com/300block/ablawleg.htm

The Indigenous Environmental Network is an alliance of Indigenous Nations and communities towards sustainable livelihoods, environmental protection of indigenous peoples lands, water and air, and maintaining the sacred Fire of indigenous peoples traditions. Online at htt p://www.ienearth.org/mining_campaign.html

The Aboriginal Canada Portal is a single window to Canadian Aboriginal on-line resources, contacts, information, and government programs and services. Online at htt p://www.aboriginalcanada.gc.ca/acp/site. nsf/en-frames/index.html

Chapter 7 Across Canada’s Boreal Martin, Wendy. Once Upon a Mine: The Story of Pre-Confederation Mines on the Island of Newfoundland. www.heritage.nf.ca/environment/mine/appendix1.html

Government of Quebec, Preparing for the Future of Quebec’s Mineral Sector, 2007. Consultation paper on Quebec’s mineral strategy. Some NGO submissions are also available on the site. Available online at www.mrnf.gouv.qc.ca/english/publications/mines/strategy/consultation-document.pdf

Daniel, C. and B. Lloyd, UnderMining Superior: A Report on Mining in the Lake Superior Basin. Northwatch, 2001. Available online at htt p://www.web.ca/~nwatch/mines/UnderMining_Superior.pdf

McGuire, Lara and Jonquille Pak, Understanding Mining Rights in Ontario, MiningWatch Canada, August, 2005. Provides information for land owners on legislation and regulations related to prospecting, staking a mining claim, and undertaking assessment work on private property as set out in the Ontario Mining Act and enabling regulations. Also outlines the process for disputing a mining claim, following provisions in the Mining Act. Available as a PDF fi le (208 KB) (18 pages). Online at htt p://www.canaryinstitute.ca

Suggested Readings and On-line Resources 197 Mining Closure Plans: Your Right to Know! August 2005. Information on how to review and comment on a Mine Closure Plan based on Part VII of the Ontario Mining Act and enabling Regulations. Online at htt p://www.canaryinstitute.ca

Concentrations of Metals and Other Elements in Surface Soils in Flin Flon, Manitoba and Creighton, Saskatchewan, 2006, July 2007, as found at htt p://www.gov.mb.ca/conservation/wildlife/managing/pdf/fl infl on_ metalcon2.pdf

Green, Tom, Mining and Sustainability: The Case of the Tulsequah Chief Mine, Environmental Mining Council of British Columbia, 2002. This report develops a model for assessing the compatibility of proposed mines with the requirements of sustainability. The model is then applied to the Tulsequah Chief Mine reopening project proposed by Redcorp Ventures Ltd. Online at htt p://web.archive.org/web/20020214020541/miningwatch.org/emcbc/publications/tulsequah_ sustainability_main.htm

NWT Environmental Audit Summary and Conclusions, 2005. Found at htt p://nwt-tno.inac-ainc.gc.ca/nwt-a_e. htm

Yukon Conservation Society. YCS Examines Mining. A current overview of mining issues in the Yukon. Online at www.yukonconservation.org/issues/issuem.html

Canadian Minerals Yearbook, published by Natural Resources Canada, includes sections on each province and territory. Available online at htt p://www.nrcan.gc.ca/mms/cmy/pref_e.htm

Overview of Trends in Canadian Mineral Exploration, prepared annually on behalf of the Intergovernmental Working Group on the Mineral Industry (IGWG), includes a detailed review of exploration and deposit appraisal activities in the provinces and territories. Available online at: htt p://nrcan-rncan.gc.ca/mms/pubs/explor_e.htm

Key web sites The Canadian Environmental Network (CEN) coordinates the work of national caucuses made up of participants drawn from its affi liated member groups across Canada. A link to the CEN Mining Caucus is online at htt p://www.cen-rce.org/eng/caucuses/mining/index.html

MiningWatch Canada links organized by province and territory are online at htt p://www.miningwatch.ca/ index.php?/Canada_en

Links to the mining department for each province and territory can be found at htt p://www.nrcan.gc.ca/ms/ busi-entre/ptar_e.htm The provincial or territorial departments web sites will have links to mining acts and regulations, and many will have links to their claims fabric, or other maps and information that identifi es where there are active mines and active mining claims or exploration projects.

198 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Additional On-line Links and Resources The Boreal Songbird Initiative (BSI) is dedicated to outreach and education about the importance of the Boreal Forest region to North America’s birds. htt p://www.borealbirds.org/index.shtml

The Canadian Boreal Initiative (CBI) works with a wide range of conservation organizations, First Nations, industry and other interested parties to link science, policy and conservation activities in Canada’s boreal forest. It is the key organization in Canada with the sole purpose of protecting the Boreal. CBI’s long term vision is to safeguard the balance of nature for all time in Canada’s Boreal Forest through establishing an interconnected network of large-scale protected areas and conservation lands, applying state-of-the-art sustainable development practices on the remainder of the landscape, and engaging and empowering local communities and First Nations on land management decisions. htt p://www.borealcanada.ca/

Mines and Communities provides information and analysis to support communities aff ected by mining around the world. Much of the material is in Spanish. An excellent resource. www.minesandcommunities.org

The World Information Service on Energy (WISE) Uranium Project is an excellent resource a comprehensive and detailed site about the mining and use of uranium. htt p://www.wise-uranium.org/

Friends of the Earth International has a mining campaign: “less mining for a bett er world” htt p://www.foei. org/mining/index.html

Canadian Environmental Law Association (CELA) a non-profi t, public interest organization established in 1970 to use existing laws to protect the environment and to advocate environmental law reforms. htt p://www.cela.ca/

Nature Canada (formerly the Canadian Nature Federation) has a mandate “To conserve and protect Canada’s natural diversity of plant and animal species and their environment.” htt p://www.cnf.ca/

Canadian Parks and Wilderness Society (CPAWS) is a non-profi t membership-based conservation organization - the only national non-profi t organization devoted exclusively to protecting Canada’s wilderness heritage. htt p://www.cpaws.org/

Friends of the Earth Canada (FOE) is a voice for the environment, nationally and internationally, working with others to inspire the renewal of our communities and the earth, through research, education and advocacy. htt p://www.foecanada.org/

Innu Nation has provided leadership and research in the struggle for responsible mining and respect for indigenous land rights. htt p://www.innu.ca/

Transboundary Watershed Alliance (TWA) was formed to assist its 22 member organizations to maintain and replenish the diversity and abundance of fi sh and wildlife species and their habitat in the transboundary watersheds of Canada and Southeast Alaska and to encourage the adoption of long-term conservation-based planning to ensure the survival of these magnifi cent river systems. htt p://riverswithoutborders.org/

Yukon Conservation Society htt p://www.yukonconservation.org/

Suggested Readings and On-line Resources 199 Northwatch is a coalition of environmental and social justice groups in northeatern Ontario. Key areas of work are forestry, mining, and energy. www.northwatch.org

The Inter-Church Uranium Committ ee Educational Cooperative (ICUC) is a public interest group in Saskatchewan addressing nuclear issues, including uranium mining, nuclear waste and nuclear weapons. htt p://www.icucec.org/about.html

Steelworkers Humanity Fund While social and labour development projects are the central activity, the Humanity Fund also focuses on member education, worker-to-worker exchanges and policy advocacy. htt p://www.uswa.ca/program/content/humanity.php

The Pembina Institute for Appropriate Development is an independent, not-for-profi t environmental policy research and education organization. htt p://www.pembina.org/

IncoWatch raises awareness about Inco and its eff ects on the environment and human health: Inco’s environmental track record speaks for itself - it is one of the top 10 polluters (carcinogens) since 1998. It is also one of the top 15 for releasing toxic substances into the environment. htt p://www.incowatch.ca/

Mining, Minerals and Sustainable Development (MMSD) is a project run on behalf of the mining industry by the International Institute for Environment and Development and the World Business Council for Sustainable Development, in the lead-up to the 2002 World Summit on Sustainable Development in Johannesburg. htt p://www.iied.org/mmsd/

The Canadian Nuclear Safety Commission (CNSC) is Canadas regulator of the nuclear industry, including uranium mines, mills and refi neries and nuclear reactors and waste facilities. htt p://www.cnsc.gc.ca/eng/

The Canadian Environmental Assessment Agency (CEAA) is the federal agency with the lead role in the conduct of environmental assessments under the federal Canadian Environmental Assessment Act. Online at htt p://www.ceaa-acee.gc.ca

Canadian Coalition for Nuclear Responsibility (CCNR) is dedicated to education and research on all issues related to nuclear energy, whether civilian or military. htt p://www.ccnr.org/index_uranium.html

Western Mining Action Network (WMAN) works to foster a strong network that protects communities, land, water, air, and wildlife by encouraging reform of mining practices and holding government and corporations accountable. htt p://www.wman-info.org/

Deline Uranium Team is dedicated to cleaning up the Port Radium mine and mill and addressing the health concerns of the Deline Dene. htt p://www.delineuraniumteam.com/

The Association for Responsible Mining has a mandate is to enhance equity and well-being in mining communities through improved social/environmental mining practices, governance and the implementation of ecosystem restoration practices. htt p://communitymining.org/index.htm

200 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Mine Projects in Advanced Exploration and Early Development Stage Name Company Location or Landmark Province Product Ashton Mining / Pure Gold Buffalo Head Craton Buffalo Hills AB diamonds Minerals Inc. Pembina/Gleichen Properties DRC Resources Corp Evansburg AB diamonds Legend / Jazz Properties Montella Buffalo Hills AB diamonds Seal / Whitefi sh Tower New Claymore Lubicon Lake AB diamonds Ruby Creek Project Adanac Moly Corp. 22 km NE of Atlin BC molybdenum Red Chris American Bullion Minerals Stikine District BC metal Five Cabins Hillsborough Resources BC Silvertip Project Imperal Metals Watson BC sliver-lead-zinc Taurus Project International Taurus Resources Watson Lake BC gold Kemess North Northgate Minerals Corporation 430 km NW of Prince George BC copper, gold copper-lead-zinc- Tulsequah Chief Project Redfern Resources Ltd Atlin BC gold-silver Sustut Copper Northgate Minerals BC Trend BC coal BHP Expl Permit 161 BHP Diamonds Hudson Bay Lowlands MB diamonds Canmine Expl Permit 99-16 Canmine Resources S. Churchill MB nickel-copper Maskwa Mill Canmine Resources Nopiming Provincial Park MB cobalt-copper Cominco Expl Permit 180-181 Cominco Baldock Lake MB nickel-copper Bucko Lake Nickel Project Crowfl ight Resources Wabawden MB nickel De Beers Expl Permit 184-205 De Beers Exploration Cda Ltd Gods Lake MB diamonds Debeers 167-170 Debeers Exploration Hayes R. Upland MB diamonds Falconbridge Expl Perm 2001-07 Falconbridge Gillam MB nickel-copper Hudson Bay Mining & Smelting Hudson Bay Expl Permit 215 Pelletier Lake MB copper-zinc Co. Ltd. Indicator Expl Permit 2001-13 Indicator Explorations Ltd Karloske River MB Iriana Iriana Resources S Hayes River MB diamonds Kennecott Expl Permit 2000-04 Kennecott Cda Explorations Bear Head Lake MB diamonds Oasis 2001-05 Oasis Diamonds Ilford MB diamonds Hammerdown Mine Richmont Mines King’s Point NFLD gold Pine Cove Gold Mine Nova Gold / Pine Cover ResourcesHarbour Grace NFLD gold Beaverbrook NFLd Michelin NFLd Uranium Moran Lake NFLd Uranium Pine Cove NFLd Prairie Creek Canadian Zinc Corporation Nahanni NWT zinc Gacho Kue Project De Beers Canada Inc 90 km se of Snap Lake NWT diamonds Snap Lake Project De Beers Canada Inc 200 km NE of Yellowknife NWT diamonds Kent-Ross Group (prev. Cominco Pine Point Mine Pine Point NWT lead-zinc Ltd) North American Tungsten Corp. Cantung Mine 310 km of watson lake NWT tungsten Ltd Black Fox Project, Apollo Gold Corppration 8 km E of Matheson ON gold Werner Lake Project Canmine Resources Corporation Werner Lake ON cobalt Kasabonika Diamond Exploration De Beers Pickle Lake ON diamonds 90 km W of Attawapiskat, James Victor Project De Beers Canada Inc ON diamonds Bay Lowland Region Mine Listings by Jurisdiction and Category 201 Aquarius Project Echo Bay Mines Ltd Timmins ON gold McWaters Liberty Mines Inc ON Nickel-copper Redstone Mine Liberty Mines Inc 24 km SE of Timmis ON Nickel Holloway Mine Newmont Canada Limited 60 km N of Kirkland Lake ON gold outhern Africa Minerals South Africa Minerals Foleyet ON Anorthosite Corporation Detour Lake Pelangio Mines Detour Lake ON gold Marathon Project Polymet Marathon ON palladium Island Gold Richmont Mines Wawa ON gold Moss Lake Gold Mines Ltd River Gold Shebandowan ON gold Matachewan Gold Mine Royal Oak Mines Matachewan ON gold Spider Resources Spider Resources Wawa ON diamonds Taylor AE Project St.Andrews ON gold Black Fox ON gold La Ronde II Agnico-Eagle Cadillac PQ gold Lapa Agnico-Eagle Cadillac PQ gold Foxtrot Property Ashton Mines n of Otish Mountains PQ diamonds Langlois Breakwater Resurcees PQ Raglan South Canadian Royalties Inc Ungava PQ nickel Consolidated Thompson Iron Bloom Lake PQ iron Mines Eleonore Goldcorp James Bay Area PQ Raglan West Knights Resources Ltd Ungava PQ nickel Midway Project Northern Star Mining Malartic (east of) PQ gold Canadian Malarctic Osisko Exploratin PQ gold Perseverence Xstrata Mattagami PQ zinc-copper Raglan Expansion Xstrata Ungava PQ nickel Fire Lake PQ Goldex PQ Lac Herbin PQ Renard Project PQ consolodate Thompson Iron Mines Bloom Lake Property Normanville twp, Duplessis cty QC iron Limited MSV Resources Inc., wholly owned Corner Bay Project 55 km S of Chibougamau QC copper subsid of campbell Resources Inc., Dore Lake Osisko Exploration Ltee (?) Chicoutimi QC vanadium Amisk Lake Joint Venture Cameco Corp Denare Beach SK gold Cameco Corp, Cogema Resources Cigar Lake Project Cigar Lake SK uranium Inc, Idemitsu Uraniu Cogema Resources, Uranerz Ltd, Mid West Joint Venture Wollaston Lake SK uranium Denison Mines McIlvenna Bay Deposit Foran Mining Co Hanson Lake SK base metals Greater Lenora Resources Goldfi elds Project Uranium City SK gold Corporation Star Project Share Gold Inc Prince Albert SK Diamonds Fort a la Corne Project Shore Gold Inc Prince Albert SK diamonds Finlayson Project Expatriate Resource Pelly River YK lead-zinc Keno Hill BLM Mines Mayo District YT lead-zinc-silver Division Mountain Cash Resources Whitehorse Division YT coal

202 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest Schleelite Dome Copper Ridge Mayo District YT gold Ice Expatirate Resources Ross River YT copper Minto Project Minto Exploration Ltd Dawson City YT copper-gold-silver Dublin Gulch Project New Millennium Mining Ltd Mayo YT gold platinum-palladium- Wellgreen Property Northern Platinum Ltd. Haines Junction YT copper-nickel Skukum Creek Omni Resources Wheaton YT gold-silver-lead-zinc Fyre Lake Pacifi c Ridge Exploration Finlayson Lake YT copper- cobalt-gold Clear Creek Redstar Resources Dawson District YT gold Carmacks Project Western Copper Holdings Whitehorse Division YT copper Ketza River YGC Resources Ltd. Ross River YT gold-silver Mt Milligan Terrane Metals Prince George BC Coal Brule BC Coal

Mine Listings by Jurisdiction and Category 203 Operating Mines Mine Name Company Location or Landmark Province Metal or Product Genessee Operations Fording Coal Limited Warburg AB coal 53 25 N 114 16 W Grande Cache Coal Grande Cache Coal Grande Cache AB coal Luscar Ltd, Consold of Cheviot Mine Project Hinton AB coal 52 55 N 117 16 W Canada Inc Paintearth Mine Luscar Ltd. Forestburg AB coal 52 N 112 W Prairie mines and royalty Sheerness Mine AB 200 km NE of Calgary AB coal 51 27 N 111 48 W ltd Whitewood OperationsTransAlta Utilities Corp Wabamun AB coal 53 30 N 114 50 W Highvale Mine TransAlta Utilities Corp. Seba Beach AB coal 53 30 N 114 33 W Eskay Creek Mine Barrick Gold Corporation 83 km N of Stewart BC Gold, Silver Global Tex / Dire Valley Willow Creek Chetwynd BC coal 56 00 122 00 Coal Northgate Minerals 430 km NW of Prince Kemess Mine BC copper, gold Corporation George Western Canadian Coal Dillon Chetwynd BC coal Corp. Western Canadian Coal 25 km W of Tumbler Wolverine Mine BC coal Corp. Ridge Table Mountain BC gold lithium-cesium- Bernic Lake Cabot Corporation Lac du Bonnet MB 50 26 N 95 27 W rubidium Tantalum Mining Cabot Corporation Lac Du Bonnet MB tantalum-lithium 50 26 N 95 27 W Operations Birchtree Mine CVRD Inco 48 km S of Thompson MB copper, nickel 55 ‘ 42 “ N 97 ‘ 55 “ W Thompson Mine (T-1 CVRD Inco Limited Thompson MB nickel-copper 55 43 N 97 51 W & T-2) copper-zinc-gold- 777 Mine HudBay Minerals Inc. Flin Flon MB 54 63 N 101 50 W silver Hudson Bay Mining & copper-zinc-gold- Trout Lake Mine Flin Flon MB 54 50 N 101 49 W Smelting Co. Ltd. silver Hudson Bay Mining and copper-zinc-gold- Callinan Mine Flin Flon MB 54 45 N 101 40 W Smelting Co. Ltd. silver Hudson Bay Mining and Chisel North Mine Snow Lake MB zinc, copper 54 5O 100 W Smelting Co., Limited Bissett , 60 mi W of Rice Lake Mine San Gold Corporation MB gold 51 1 N 94 40 W Campbell Red lake E of rice lake mine, near San Gold # 1 Mine San Gold Corporation MB gold Bissett Rice Lake MB gold Voisey’s Bay Deposit Inco Nain NFLD nickel 56 19 N 62 05 W Iron Ore Company of Iron Ore Company of Labrador City NFLD iron 53 04 N 66 57 W Canada Canada Duck Pond Queenston Mining Buchans NFLD copper-zinc-lead 48 45 57 15 Wabush Mine Stelco Inc. Labrador City NFLD iron 53 O5’ N 66 52’ W Meadowbank Project Cumberland Resources 70 km N of Baker Lake NU gold NU Ltd. Tahera Diamond Jericho Mine 400 km of NE Yellowknife NU diamonds Corporation Lupin NU gold Ekati Mine BHP Billiton 300 km NE of Yellowknife NWT diamonds 64 45 110 30 W Diavik Diamond Mine 300 km NE of Diavik Diamond Mine Inc., Aber Diamong Yellowknife, Lac de Gras NWT diamonds Corp., area Agrium Phosphate Agrium Products Inc. Kapaskasing ON phosphate 49 15 ‘ N 82 45 ‘ W Mine Montalm Project Falconbridge Timmins ON nickel-copper 48 40 82 05

204 The Boreal Below: Mining Issues and Activities in Canada’s Boreal Forest zinc-copper-silver- Kidd Creek Mine Falconbridge Ltd. Timmins ON 48 41 N 81 22 W lead-cadmium Balmertown, Red Lake Campbell Mine Goldcorp Inc ON Gold 51 03 N 93 46 W Twp. Red Lake Mine Goldcorp Inc Balmerton ON gold 51 03 N 93 43 W Hoyle Pond Kinross Gold CorporationSchumacher ON gold 48 32 81 05 Macassa Mine Kinross Gold CorporationKirkland Lake ON gold 48 14 N 80 07 W Redstone Mine Liberty Mines Inc ON nickel platinum grp metals- North American Lac des Iles Mine Thunder Bay ON gold-copper-nickel- 49 10 N 89 37 W Palladium Ltd palladium Placer Dome Inc, TVX Musselwhite Mine Pickle Lake ON gold 52 57’ N 90 22’ W Normandy Americas Dome Mine Placer Dome Inc. South Porcupine ON gold 48 00 N 80 50 W Eagle River Mine River Gold Mines Ltd. Wawa ON gold 47 59 N 85 28 W St-Andrews Goldfeilds 10 km NW of Stock Mine Clavos Mine ON gold Ltd. & Mill Teck Corp, Homestake David Bell Mine Marathon ON gold 48 40 N 85 53 W Canada Inc. Teck Corp, Homestake Williams Mine Marathon ON gold 48 42 N 85 55 W Canada Inc. Casa Berardi West Aurizon Mines Ltd PQ Gold South-Malartic Croinor Val d’Or PQ gold Explorations Inc. East Amphi PQ Gold Kiena PQ Gold Langlois PQ zinc gold-silver-copper- LaRonde Mine Agnico-Eagle Mines Ltd Val d’Or QC 48 15 N 78 26 W zinc Breakwater Resources zinc-copper-gold- Langlois Mine Val d’Or QC 49 15 N 76 45 W Ltd silver Mouska Mine Cambior Inc. Destor QC gold 48 17 N 78 34 W Doyon Mine Iamgold Rouyn-Noranda QC gold 48 15 N 78 31 W Niobec Iamgold Chicoutimi QC niobium 48 32 N 71 09 W Sleeping Giant Mine Iamgold Amos QC gold 49 08 N 77 58 W 175 km N of Troilus Mine Inmet Mining Corporation QC copper, (Gold? 2001) 51 00 N 74 30 W Chibougamau Orleans Wollastonite Orleans Resources Inc. Lac St-Jean QC wollastonite 49 10 N 71 33 W Operation Quebec Cartier Mining Mont-Wright Mount Wright QC iron 52 46 N 67 20 W Company Lac Tio Quit-Fer et Titane Inc. Havre St-Pierre QC iron-titanium 50 33 N 63 25 W Beaufor Mine Richmont Mines Inc. Val d’Or QC gold 48 33 N 77 33 W East Amphi U/G Richmont Mines Inc. Malartic QC gold 48 10 N 78 10 W Project Rio Tinto / QIT - Fer et Tio Mine Havre Saint-Pierre QC ilmenite & titanium 50 33 N 63 25 W Titane Inc. Kiena Complex Wesdome Gold Mine Ltd.Malartic QC gold 48 06 n 77 35 w 65 km S of the Northern cobalt, copper, nickel, Raglan Mine Xstrata Tip of Ungava Peninsula QC 61 39 N 73 41 W precious metals (Katinniq) McClean Lake Mine AREVA Resources Wollaston Lake SK uranium 58 22 N 103 50 W Cameco Corp, Cogema McArthur River Mine Key Lake SK uranium 57 46 N 105 03 W Resources Inc. Key Lake Cameco Corporation Pine House SK uranium 57 11 N 105 34 W Seabee Claude Resources Inc. La Ronge SK gold 54 41 N 103 37 W Keno Hill YK zinc-lead-silver Mine Listings by Jurisdiction and Category 205