The Yukon government has released a “what we heard” report on new minerals legislation, following the late-June heap-leach landslide at the Eagle Gold Mine and after giving the Victoria Gold situation some “breathing room,” according to documents obtained under access-to-information law.
The documents contain Yukon government correspondence from June 24 to June 26 regarding the government’s response to the major mine incident. An email from the communications director in the Energy, Mines and Resources department indicates they decided to hold off on announcing anything mining related — including the "what we heard" report — immediately following the disaster on June 24.
The "what we heard" report states that the government has not updated some aspects of current mineral legislation in over a century. Yukon NDP Leader Kate White earlier called for more stringent mining legislation following the Eagle Gold Mine incident. The Yukon NDP has a confidence-and-supply agreement, or CASA, with the governing Yukon Liberals.
“Yukoners have been quite clear that we need to modernize the territory's mining sector, so I'm glad to see that CASA has taken mining legislation into the 21st century,” White said in an Aug. 27 Yukon government press release.
The Yukon government clarified its legislative aims, which are to respect Indigenous rights, bolster the local economy, support a competitive mining industry and protect the environment while meeting the current and future needs of Yukoners.
Respondent groups reflect the aims and draft principles set out in the Yukon government’s report. Voices highlighted in the report include Indigenous governments, the placer and quartz mining industries, environmental groups and the public.
The Yukon government states that the public engagement phase is currently in the concluding phases and that the next steps would be to establish a legislative framework for new minerals legislation.
Key policy issues include how mineral tenures are made available and granted, rules governing the acquisition of mineral tenures, how tenures are maintained, licensing processes, financial security and reclamation activities.
Indigenous governments expressed that their rights were being underestimated in favour of industry. The report states Indigenous governments seek involvement in decision-making processes related to the granting of mineral tenures and acquisitions.
Indigenous governments suggested that licensing applications should include information on the potential impacts to Indigenous rights to establish appropriate mitigations from the outset of mineral projects in the territory.
Stakeholders in the placer industry expressed a preference toward streamlining the licensing processes to produce predictable outcomes, a sentiment shared by quartz industry respondents.
The report notes that members of the quartz industry believe the Yukon government should assist mine project proponents during Indigenous engagement on changes to their licensing. Additionally, industry stakeholders wanted to ensure that enforcement remains consistent if Indigenous governments had their own enforcement officers.
Environmental organizations advocated for expanding tools of enforcement to ensure compliance with licensing requirements and reclamation obligations. Respondents from environmental organizations proposed higher penalties and suggested that fines should be used to fund reclamation efforts.
New legislation should aim to support establishing financial security requirements for all types of mines and for all stages of a mining project, environmental organizations suggested. The report highlights suggestions regarding a risk-based approach when determining financial security requirements, including consideration of site-specific impacts and reclamation costs and ensuring that requirements are determined based on the scope and scale of the operation.
Indigenous governments expressed the importance of proper reporting and monitoring of reclamation plans to ensure that objectives are met adequately. Indigenous governments suggested including measures in legislation to use financial security to complete outstanding reclamation if operators did not fulfill their requirements.
While mining activities can significantly boost local economies by improving infrastructure and creating numerous well-paying jobs, they also pose challenges, the report highlights. These include increased pressure on social services and a rise in the cost of living due to heightened demand for materials, services and labour.
Industry respondents felt as though socio-economic considerations are adequately addressed through the Yukon Environmental and Socio-economic Assessment Act, the report notes. Indigenous governments disagreed and stressed the importance of strengthening tools available to ensure Indigenous communities can benefit from mining and mineral projects.
— With files from Dana Hatherly
Contact Jake Howarth at jake.howarth@yukon-news.com
