Illegal Construction of Mining-related Projects
The Ring of Fire is a roughly 5,120 square kilometre crescent-shaped area of Ontario’s boreal forest that has been subject to intense claim staking, prospecting and exploration ever since copper and zinc were discovered in the area in the late 1990s. After a flurry of exploration activity, the area is now known also to contain nickel, gold, diamonds and potentially the single largest source of chromite in North America. Interest in chromite is extremely high as it is used to make stainless steel. Chromite is also a strategic mineral used in the production of missile components and armour plating. A U.S. mining company reportedly intends to invest approximately $800 million (US) to develop a large open pit mine to extract high-grade chromite near McFauld's Lake in the Ring of Fire. In March 2010, the Premier noted that this find is the “most promising mining opportunity in Canada in a century.”
In September 2009, a company submitted an application to MNR seeking approval to construct a mining camp and permanent airstrip 18 km west of McFauld’s Lake. The proponent sought permission to develop 81 hectares of Crown land to build an 1,830-metre airstrip, four helicopter pads, a fuelling area, storage facilities and staff accommodations. The key approvals process for this proposed project is the Class Environmental Assessment (Class EA) for MNR Resource Stewardship and Facility Development Projects. Under this approvals process, the proposal was evaluated as a “category B” project in which there is the “potential for low to medium negative environmental effects, and/or public or agency concern.”
Several days after the Class EA process began, MNR staff flew over the site to inspect it. To their surprise, the proponent had already cleared the forest and constructed the mining work camp and airstrip, which appeared to be in active use. MNR halted the Class EA process and issued a warrant under the Public Lands Act to stop the unauthorized occupation and use of Crown land. MNR then began investigating whether any other laws had been broken.
MNR allowed this Class EA process to be re-started in mid-October 2009. In its revised application, the proponent stated that it had autonomously decided to begin construction of the airstrip because of delays in the initiation of the Class EA process. The proponent noted that in making this decision, it had considered the project’s impact on the environment to be no different or greater than that created by exploration activities and the development of mining camps and access trails in the area.
Although the approvals process for this project falls under MNR’s Class EA, the proposed project is directly tied to mineral development and is situated on Crown land staked under the Mining Act. This case, therefore, raises the serious question of what role MNDMF, the lead ministry for the Ontario government’s one-window coordination process for mineral development, is taking to oversee mining-related development in the Ring of Fire.
The purpose of the “One Window” Coordination Process is to provide “an efficient, transparent and timely process for the review, permitting and approval of new mineral development projects.” This one-window policy states that the ministry will screen projects for their “potential regulatory components and complete an assessment of the scope of multi-ministry involvement based upon discussions with the Proponent.” This process is intended to be applied to projects: requiring multiple permits and/or approvals; requiring the involvement of more than one participating ministry; or triggering a requirement for processes under the Environmental Assessment Act. Given that MNR needed to step in and shut down the illegal construction of the airstrip and work camp, it is reasonable to assume that MNDMF did not apply the one-window policy in this case.
This case raises the possibility that other proponents in the Far North also may not have obtained the necessary approvals from the Ontario government. The basis for this concern is further evidenced by MNR shutting down another Ring of Fire airstrip in February 2010 that had been constructed without authorization. In these types of cases, the ECO believes that the Ontario government has no choice but to take legal action in order to underscore the point that proponents must comply with Ontario’s laws.
| Previous section: The Need to Legislate Development and Mineral Exploration in Uranium Zones |
| Next section: Using Mining Claims to Plan the Far North |
| This is an article from the 2009/10 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article:
Environmental Commissioner of Ontario. 2010. "Ring of Fire: Illegal Construction of Mining-Related Projects." Redefining Conservation, ECO Annual Report, 2009/10. Toronto, ON : Environmental Commissioner of Ontario. 122-3.
