Thank you for your e-mail of December 19, 2007 regarding the comments by Mr. Gord Miller, Ontario's Environmental Commissioner, regarding staking claims in the James Bay Lowlands.

The Ontario Ministry of the Environment is always pleased to receive comments and suggestions from the Environmental Commissioner and others who share our committment to protecting and conserving the province's natural areas and resources. 

With specific reference to mining activities, it is important to remember that a number of provincial and federal government agencies have regulatory oversight for the management and conservation of the province’s minerals and natural resources, as well as environmental protection.  There are also many environmental and non-governmental organizations which participate in and contribute to deliberations about mining activities. 

Mining and associated activities such as staking and claims are governed by the Mining Act.  This Act is administered by the Ministry of Northern Development and Mines (MNDM).

The Ministry of the Environment protects the environment through the application of the Environmental Assessment Act (EAA), the Environmental Protection Act (EPA), and the Ontario Water Resources Act (OWRA), and related regulations, policies and procedures. 

The EAA does not apply to private sector undertakings, such as staking and claims.  However, MNDM does have to comply with the requirements of the EAA before proceeding with such things as the disposition of Crown resources, issuing mining licenses, and carrying out, administering and enforcing aspects of the Mining Act.  These requirements ensure that appropriate consideration is given to the environment before proceeding with these activities.

MNDM is currently in the process of preparing a Class Environmental Assessment (EA) for the disposition of Crown resources and activities related to the administration, enforcement and carrying out of the Mining Act.  This will provide a new process under which these activities will have to be planned and environmental effects assessed.  The Class EA will provide for public consultation and will ensure environmental impacts from mining activities are identified and appropriate mitigation measures applied.  For more information, you are encouraged to visit the MNDM web site at www.mndm.gov.on.ca.

We hope you find this information to be helpful.