The Need to Legislate Development and Mineral Exploration in Uranium Zones
In April 2009, two applicants requested a review of the need for a new act to legislate uranium exploration, as well as residential and industrial development, in areas with elevated naturally-occurring uranium. Exposure to this radioactive heavy metal is associated with bone, liver and lung cancer, blood diseases and kidney damage.
The applicants asserted that Ontario’s existing legal framework provides no avenues for addressing community concerns about uranium exploration and provides few tools for monitoring and mitigating impacts of uranium exploration on water resources and the environment. Given the additional/unique risks associated with uranium compared to other minerals, the applicants asserted that it is important to have a new act that both protects the environment and requires a public review prior to advanced exploration and development of a uranium mine. The applicants argued the Ontario government should undertake this review to prevent impacts on human health and the environment from uranium exposure.
Given the potential for environmental and health impacts, some Canadian jurisdictions have applied restrictions, guidelines or a moratorium on uranium exploration. Several Ontario municipalities and organizations (e.g., the David Suzuki Foundation, Amnesty International and the United Church of Canada) have requested that the Government of Ontario suspend uranium prospecting, exploration and mining in eastern Ontario until the associated health, environmental and economic issues are resolved.
In June 2009, MNDMF, the Ministry of the Environment (MOE), the Ministry of Natural Resources (MNR) and the Ministry of Municipal Affairs and Housing (MMAH) all denied this application for review, stating that a number of acts, regulations and instruments already provide for human health and environmental protection.
ECO Comment
The ECO agrees with MNR’s and MMAH’s decisions to deny this application for review since most of the concerns raised by the applicants are largely the direct responsibility of MNDMF and MOE.
The ECO also concurs with MNDMF not undertaking this application. While the applicants raised valid concerns about the potential for uranium exploration and mining to cause environmental harm, the ECO expects that MNDMF would have considered these issues during its drafting and consulting on amendments to the Mining Act. Moreover, while the ECO agrees that the effects of uranium exposure are of concern and need to be mitigated, the ECO believes this should be addressed through a fully protective Mining Act, rather than a uranium-specific regulatory framework.
As indicated in the ECO’s review of the Mining Amendment Act, 2009, to ensure that potential environmental impacts and the measures needed to mitigate them are fully considered before they occur, the ECO encourages MNDMF to require that the approval of an exploration permit include the completion of a comprehensive environmental impact assessment. In addition, to ensure that the unique aspects of uranium are considered and that appropriate uranium-specific environmental safeguards are included in exploration permits, the ECO encourages MNDMF and MOE to cooperatively develop guidelines for mineral exploration in uranium zones and post these guidelines on the Environmental Registry for public comment.
Although the ECO also agrees with MOE’s decision not to review this application, the ECO believes that MOE failed to respond to each of the applicants’ concerns in sufficient detail. In particular, the ECO is disappointed that MOE did not address the applicants’ questions about the adequacy of Ontario’s Drinking Water Quality Standards for uranium. MOE’s failure to acknowledge the applicants’ concern and explain the basis for Ontario’s standards does little to assure the applicants that these standards are scientifically sound.
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| 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: The Need to Legislate Development and Mineral Exploration in Uranium Zones." Redefining Conservation, ECO Annual Report, 2009/10. Toronto, ON : Environmental Commissioner of Ontario. 120-1.
