News release

Amendments to Mineral Resources Act

Natural Resources (to July 2018)

Amendments to the Mineral Resources Act that respond to recommendations of the Westray Inquiry have been introduced in the House of Assembly today by Natural Resources Minister Ernest Fage.

The Westray Public Inquiry Commission report recommended that the department's mandate should be reviewed and clarified in relation to the responsibilities of the Department of Labour to ensure there are no gaps in the regulatory process. These amendments eliminate all references in the act to regulatory responsibilities for workplace safety related to mining operations. All workplace-safety functions, including mines, are the responsibility of the Department of Labour.

The report said the act should clearly identify the role of the Department of Natural Resources in monitoring mine planning in the province. The amendments remove requirements for the department to approve mine plans and changes to mine plans. The department will only collect information needed to fulfil its role as resource manager and promoter. Review of underground mine plans is the responsibility of the Department of Labour.

The report also recommended the Department of Natural Resources should not act as both promoter and regulator of the development of mineral resources. The amendments, as recommended in the report by George Miller, address this by eliminating the excavation, milling and mining permits that had been issued under the Mineral Resources Act. The department will now only require information necessary for resource management and promotion. The department will now issue mineral leases that grant ownership of the resource for certain terms.

Before mine development can proceed three steps must be taken. A mineral lease has to be granted by the Department of Natural Resources, the Department of Labour must be satisfied the mine plan does not reveal any safety violations and the Department of the Environment must issue an industrial approval to ensure that all environmental concerns are addressed. The three departments co-operate with each other to handle these requests through a memorandum of understanding ensuring the needs of all departments are met in the process.

The amendments to the act will not be proclaimed until new underground mining regulations are also proclaimed. These regulations are currently being drawn up.

Mr. Fage said when the recommendations in the Westray Inquiry report were accepted, a commitment was made to implement them. With these amendments, the Department of Natural Resources is keeping that promise.

"We believe the amendments clearly address the recommendations made in the report, and it's our goal to have these amendments approved as soon as possible," said Mr. Fage.

"The amendments were drawn up after extensive consultation with stakeholders and representatives from the mining industry," said Mr. Fage. "This process took longer than originally planned, but it was important to receive as much input as possible so the amendments could fairly address opinions that had been expressed."