Community Mineral Industry Strategy

Transcription

1 Union of Ontario Indians Asserting Anishinabek Jurisdiction in Mining Sudbury, Ontario November 19, 2013 Community Mineral Industry Strategy Peter Recollet, Director Sustainable Development

2 Presentation Outline 1. Who we are 2. History 3. Mining Industry Strategy 4. Agreements 5. Environmental Impacts 6. Benefits

3 History o Ojibway and Pottawatomi o Signatory to Robinson-Huron Treaty 1850 o Situated on the north shore of Lake Wahnapitae o The land base is 2 miles by 2 miles. o 430 members with 70 residents on reserve. o Traditional Territory Robinson Huron Treaty o Stewardship - Wahnapitae Watershed o WFN members elect Chief and Council Band Custom

4 Who We Are Political Structure WFN members elect the First Nation Government WFN elects it s government under band custom election code Exempt from section 74 of the Indian Act. Election Procedures Term is for three years Chief Ted Roque, assisted by 4 Councilors Members of the: Robinson Huron Grand Council Union of Ontario Indians Chiefs of Ontario Assembly of First Nations

5 Robinson Huron Treaty.hereby promises and agrees to make, or cause to be made, the payments as before mentioned; and further to allow the said Chiefs and their Tribes the full and free privilege to hunt over the Territory now ceded by them, and to fish in the waters thereof, as they have heretofore been in the habit of doing; Conflict between Mining and Rights

6 Sustainable Development

7 Sustainable Development

8 Land Stewardship Resource Development Policy guidelines on how resource development must occur in our Stewardship Lands Mineral Industry Strategy Traditional Land Use & Occupancy TEK Waste Diversion Strategy Geographical Information Systems for Information Management Draft Land Use Plan Eco Site Based, Community input Sustainable Forest Management Plan Watershed Stewardship (Vermillion Forest Management, Ontario)

9 Stewardship Lands Forestry Vermillion Forest Water Power OPG MINING!!!

10 Land Use Planning Baseline Data Collection

11 Eco site Land Classification Photo Monitoring Soil Profile

12 Legal Parameters Consultation Supreme Court of Canada s decisions: Crown has Duty to Consult with First Nations where activity may impact upon Aboriginal and/or Treaty Rights Haida Nation v. British Colombia 2004 Taku River v. British Colombia 2004 Miskew Cree v. Canada

13 Legal Parameters Regulations Crowns often transfer some of the costs and efforts onto proponents of planned land use and activity through policy Environmental Assessment legislation requires Aboriginal Consultation in certain circumstances Ontario New Mining Act As of April 1, the act will require third parties wishing to stake mining claims to effectively take over the Crown s duty to consult with First Nations the new regulations under the act will trigger the duty to consult and accommodate First Nations affected by mineral exploration in virtually all cases

14 Legal Parameters Regulations requires every proponent to either file an exploration plan, which should trigger the duty to consult, or apply for an exploration permit, which will trigger the duty to consult and accommodate. The exploration company will have to go out and consult with First Nations to create a consultation record that will become part of its permit application.

15 Legal Parameters A lot of First Nations unfortunately don t have the internal resources or expertise to understand the scientific, environmental implications of things or legal implications of things, so they have to hire people to inform them of what the effect of the exploration might be and to do their due diligence. Who s going to pay for that? She goes on to note that the regulations don t stipulate that. They don t state, for instance, that certain archeological or land-use and occupancy studies have to be done where there s any evidence of ancient or even more recent historical sites or values in the land. There s no requirement in the regulation, in black and white, for those things to happen Kate Kempton Legal Counsel From Law Times March 25 th 2013

16 Mining Regulations Outstanding issues are: the capacity of First Nations to respond effectively and timely manner More Human resources time to meet with every proponent putting forth an application MNDM continues to send proponents who are not in WFN stewardship lands (time wasted) New Emerging issues are: Proponents are not happy to have to contact First Nation Proponents have to be educated about Why the Duty to Consult - so human resource time to educate First Nation requirement to effectively track, monitor all the mining activity, even in this time of lull

17 Mineral Industry Strategy Why? Determine how the community wants to participate in mining. WFN surrounded by mining- the most active mineral resource area in Canada. The territory 1500 square miles -richest mineral deposits in the world. Need to have a coordinated and systematic approach providing for the most benefit and least negative impact to the community 17

18 Benefits: WFN incorporate the minerals industry in their plans for: long term benefit of the community; protecting the environment; improve the social fabric of the community. Industry: secure their investments; form sound relations and partnerships; engage local expertise; formal agreements. Governments can provide funding to support initiatives: business and human resource development; environmental management; enable WFN to make informed decisions about the mineral industry. 18

19 Strategy Objectives: To enhance the involvement of WFN in the surrounding mineral industry; To facilitate long-term partnerships between the WFN, minerals industry and governments; and To assist the community achieve their immediate, interim and long term goals. Active community involvement. 19

20 What did the Community Say? mining can benefit our community if we have greater participation on decisions and activities. mining can benefit our community if it supports and compliments our needs. High priority on environment, youth and community business. *community survey August,

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22 IMPACT 22

23 Strategy Objectives To enhance the involvement of WFN in the surrounding mineral industry; To facilitate long-term partnerships between the WFN, minerals industry and governments; and To assist the community achieve their immediate, interim and long term goals.

24 Strategy Objectives WFN community members to be involved in the research, communications and development: utilizing a community based survey and community meetings; Undertake an inventory of mineral companies and what activity each company is engaged in: Utilizing G.I.S. Match needs of the community with potential opportunities: Develop Community Mineral Industry Strategy: validated and approved by the community.

25 Methodology Fundamentals WFN community members to be involved in the research, communications and development: utilizing a community based survey and community meetings; Undertake an inventory of mineral companies and what activity each company is engaged in: Utilizing G.I.S. Match needs of the community with potential opportunities: Develop Community Mineral Industry Strategy: validated and approved by the community.

26 Strategy Key Activities Establish a Mining Industry Working Group Develop a Terms of Reference Correspond with Company Executives Regular Meetings with Companies 26

27 Industry Opportunities

28 Industry Opportunities Mining Company (Medium) Exploration & Development Contracts: Exploration Contracts: Development Construction Earth removal Roads Contracts: Environmental Sampling Reports Studies

29 Industry Opportunities Mining Company (Large) Development & Production Contracts: Construction Roads Hauling Contracts: Security Assaying Food Services Accommodations Employment: Administration Contractors Technical

30 Agreements How do we ensure long-term Participation and Commitments Industry: MOU s and Letters of Intent (small/medium companies) IBA s (large companies). Government: Funding Arrangements; Support WFN initiatives; Facilitate intergovernmental authorities. WFN Community: Consultation Process (internal & external); Flow of Information.

31 Monitoring Community Meetings / Open House to present: On-going update Mining companies met with Environmental Issues Opportunities arising (Employment / Business) Update on negotiations Confirm interests of community members Need for partners (e.g., construction, environment) Determine timeframe/funding required/postings/realistic targets

32 Strategy Sustainability On-going negotiations Facilitate partnerships with suppliers Community MIWG to monitor implementation of agreements Working Group becomes self-funded

33 WFN Focus 1.Environmental Protection 2.Youth 3.Health 4.Social

34 Agreements Participation Agreement Xstrata Nickel & WFN Nickel Rim South Environmental Working Group HR Working Group Impact Benefit Agreement QuadraFNX & WFN Podolsky Mine Environmental Committee HR Committee

35 Agreements Memorandum of Understanding True Claim Vale Mohawk Garnet Inc. Wallbridge Mining

36 Present and Future Negotiations Cliffs Natural Resources Ferrachrome Processing Facility Environment Health Social

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38 Business Development Today

39 Business Services Geospatial analysis More and more, geospatial analysis is becoming an integral tool for environmental management and decision making processes. Utilizing state of the art GIS technology, TTESG is committed to furthering the development of integrated geospatial solutions for all clients. Geospatial analysis can enhance community development, land use planning, historical use and occupancy studies, traditional ecological knowledge management, public participation mapping and other infinite applications.

40 Business Services Environmental Management TTESG offers a wide range of environmental services to our clientele. TTESG strives to provide: exploration support services related to prospecting, staking, line cutting, as well as environmental monitoring programs (water sampling surface and groundwater, flow measurements, levelloger data, photo monitoring) First Nation Awareness customized First Nation awareness training.

41 Partnership Benefits Centre of Excellence Governance Administration Sustainable Development Health Multi Purpose Hall

42 Centre of Excellence

43 Youth Scholarships Xstrata Nickel True Claim Education / Training Xstrata Nickel QuadraFNX Summer Employment Xstrata Nickel QuadraFNX WFN

44 Environmental Considerations Xstrata Nickel Nickel Rim Mine/Smelter Environmental Working Group (EWG) 2 representatives from WFN (staff, community member) 2 representatives from Xstrata Monthly meetings Review closure plans, permits to take water, CofA s, as well as community projects.

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46 Environmental Considerations KGHM Podolsky Mine Environmental Committee (EC). 2 representatives from WFN (staff, community member) 2 representatives from KGHM. Monthly meetings Review closure plans, permits to take water, CofA s, as well as community projects.

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48 Sustainable Development: Summer Science Camp Weekly science workshops (geology, GIS, forestry, biodiversity). Science North Dynamic Earth Mad Science Mining Matters? Water Festival Toronto Zoo

49 Youth GIS Workshop

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51 WFN Annual Open House

52 Check us out on the web!

53 Questions? Comments For more information: Peter Recollet Director Sustainable Development Wahnapitae First Nation (705)