Land Access and Northern Development Committee

Chair: Vacant

The Land Access and Northern Development Committee addresses land use and access issues of concern to the mining industry.

Over the past year MAC has been very active on biodiversity, land access, northern and Aboriginal issues.

Species at Risk Act

June 2004 saw the Species at Risk Act (SARA) come fully into force. The prohibitions on killing and destruction of residence and critical habitat had been delayed one year to give federal departments more time to prepare for implementation and develop regulations.

At the urging of MAC and other resource sector associations, a multi-stakeholder advisory committee was established to assist with SARA’s implementation. The committee met three times in 2004 to work on the development of critical habitat and residence policies and other issues.

Biodiversity Issues

In 2004 MAC was again involved with the North American Bird Conservation Initiative (NABCI)—Canada Council. NABCI, which involves groups from Canada, Mexico and the United States, with help from the Commission for Environmental Cooperation, promotes the conservation of native North American birds.

MAC members directly support NABCI objectives through their involvement in conservation programs administered by regional joint ventures. This involvement gives the industry an excellent opportunity to network with federal and provincial wildlife agencies; with major Canadian conservation groups such as Ducks Unlimited, the Nature Conservancy, Wildlife Habitat Canada and Nature Canada; and with other industry groups.

In 2004 five MAC members were involved in joint ventures. Inco, BHP Billiton Base Metals and the Iron Ore Company of Canada (IOC) participated in the Eastern Habitat Joint Venture; Syncrude Canada took part in the Prairie Habitat Joint Venture; and Teck Cominco in the Intermountain Joint Venture. Articles on members’ projects have appeared in several newsletters and magazines on conservation and biodiversity, creating a positive profile for the mining industry. Also, in 2004 MAC was invited to sit on the Eastern Habitat Joint Venture’s Board of Directors. MAC is represented there by Lee Preziosi (IOC).

At a recent NABCI—Canada Council meeting, MAC introduced the Towards Sustainable Mining initiative and asked the council for help in developing the TSM biodiversity guidelines.

Finally, MAC and Nature Canada (formerly the Canadian Nature Federation), took their long partnership in a new direction by co-sponsoring a tour of the Cape Sable Island Important Bird Area and the reclaimed East Kemptville mine (BHP Billiton Base Metals). The tour, attended by federal and provincial officials, demonstrated the industry’s progress in mine reclamation and the importance of community partnerships. Other co-sponsored mine tours may follow in 2005, including one in Trail at the end of May.

Northern Issues

National Diamond Strategy

In 2004 MAC actively supported the diamond industry in its response to the provincial/territorial-led National Diamond Strategy. MAC worked with member companies, the Prospectors and Developers Association of Canada, and the NWT and Nunavut Chamber of Mines to develop an industry position paper on the strategy. The paper was well received and attracted positive media coverage. The government strategy, announced following consultations, adopted most of the industry’s recommendations.

Throughout 2004 industry remained concerned that the federal government did not take part in the strategy, despite its critical role in many diamond sector issues and its lead responsibility for many of the strategy’s recommendations. Eventually, after some pressure was placed on provincial and territorial governments, the federal government was invited to participate. MAC now sits on the National Diamond Strategy steering committee, which is planning a workshop to determine next steps.

Industry-Government Overview Committee

The Industry-Government Overview Committee (IGOC), made up of representatives from mining and exploration, the Department of Indian Affairs and Northern Development (DIAND) and the three territorial governments, was formed in January 2001 to examine ways of improving the investment climate in Canada’s north.

In 2004 MAC’s efforts to improve dialogue with NWT boards concerning regulatory processes had mixed results. While the Mackenzie Valley Environmental Impact Review Board (MVEIRB) took steps to work with industry on making the regulatory process more efficient, the Mackenzie Valley Land and Water Board (MVLWB) has refused to engage with industry at all. This decision is particularly unfortunate because the bulk of the mining industry’s concerns reside with this board. The MVLWB now has a new chair who is more open to addressing common concerns, but he faces resistance from other board members. It remains to be seen whether a forum for addressing industry-board issues will materialize.

Similarly, DIAND moved farther ahead with its Northern Boards Round Table, holding a meeting in Yellowknife in early 2005. However, no industry participants were invited.

On a more positive note, the MVEIRB held a “lessons learned” exercise in Yellowknife in early March 2005. This meeting was attended by several MAC members. The MVEIRB’s performance has improved considerably over the past few years, and industry welcomes this latest effort.

The mining industry’s position on regulatory board matters was strengthened in early 2005 by an Auditor General’s report on the northern operating environment. The report largely confirmed the industry’s concerns about DIAND and board management.

Other IGOC Issues

MAC grew increasingly concerned with the IGOC’s slow progress over the past year. Despite ongoing industry pressure, DIAND has failed to come forward with required legislation in Nunavut. Furthermore, amendments to the Canada Mining Regulations remain incomplete. Stronger relationships with DIAND notwithstanding, some participants do not fully realize the benefits of involvement in the IGOC, and industry attendance at recent meetings has declined.

The mining industry was also disappointed by the 2005 federal budget, which failed to fund a much-hoped-for and much-lobbied-for program for cooperative geological mapping strategies. The program, which was designed by federal, provincial and territorial officials and enjoyed strong industry support, would have begun addressing major geoscience gaps in the north. Fortunately, there are signs that DIAND may fund northern geoscience with other monies allocated in the 2004 budget. Geoscience does form a key part of the federal government’s proposed Northern Strategy.

The Northern Strategy

On December 14, 2004, Prime Minister Paul Martin and First Ministers Joseph Handley (NWT), Paul Okalik (Nunavut) and Dennis Fentie (Yukon) announced that their governments would jointly develop the Northern Strategy, together with Aboriginal governments and organizations and northern residents.

The Northern Strategy’s goal is to develop a long-term vision for the north and identify the actions needed to achieve this vision. The Yukon, NWT and Nunavut are closely involved in the process, but the strategy is also expected to address northern issues outside the territories, in regions such as northern Quebec, Ontario and the Prairies.

The federal government has outlined a number of goals and objectives for the Northern Strategy and has drafted some action items. The goals and objectives fall into the following categories:

• strengthening governance, partnerships and institutions
• establishing strong foundations for economic development
• protecting the environment
• building healthy and safe communities
• reinforcing sovereignty, national security and circumpolar cooperation
• preserving, revitalizing and promoting culture and identity
• developing northern science and research

MAC met with government officials and politicians many times in 2004 to present its recommendations on the Northern Strategy. Here are some examples:

• Industry needs a predictable, efficient regulatory regime that applies consistent standards and practices.
• Long-term investment in geoscience is essential to provide a foundation for sustainable development of the north’s natural resources.
• Mineral development in the north remains limited to a few commodities and coastal communities because infrastructure is lacking.
• Training and other human resource development must respond to industry needs and labour market conditions.
• Better land-use planning and cumulative effects assessments would give project proponents more certainty and information in preparing for and following regulatory processes.
• Devolution of the responsibility for resource development should lead to more meaningful outcomes and benefits for northern residents.
• A quick resolution of outstanding land claims would reduce uncertainty and improve the investment climate.

More details on the federal government’s plans for the Northern Strategy are expected in early summer 2005. MAC is hopeful that the strategy will provide a vehicle for addressing long-standing industry concerns about northern issues.

Industry-Aboriginal-Government Partnership Initiative

In September 2003 MAC, PDAC, DIAND and Natural Resources Canada agreed to develop a tool kit that could be customized according to geography, commodities, level of mineral activity and degree of knowledge and interest in individual communities. The Canadian Aboriginal Minerals Association was hired to produce the tool kit, which was scheduled for development in 2004 and completion in early 2005.

Unfortunately, it became apparent in 2004 that CAMA was unable to complete the project to the partners’ satisfaction. Therefore, in the fall a new service provider was hired, led by Jim Excell, former President and COO of BHP Billiton Diamonds. The project is now well advanced, and though still behind schedule, it should be complete in mid-2005 and tabled with mines ministers in September.