Whitehorse city council stopped short of any permanent decisions when it comes to the regulation of mining activities in the city, defeating a bylaw that would have seen it act as regulator.
The matter has been before the city for months beginning with a request for Official Community Plan (OCP) and zoning bylaw amendments from residents concerned with exploration work that was permitted on an industrial lot in city limits. The request from the citizens would have resulted in full prohibition of all mining activities in the city; but the bylaw that came before council on April 22 was very different from the initial proposal.
The proposed bylaw that came out recommendations from city administration would have required a public process and a decision from city council prior to the permitting of any mineral exploration and development activities in the city.
The city planning committee’s recommendation was to defeat the bylaw when it came before council for second reading and return the application fee to Whitehorse Skeeter Wright and the rest of the group who proposed the initial OCP changes.
The most recent city standing committee’s meeting saw an operational update from Gladiator Metals, the operator of the project that kicked of the recent conflict about permits for mining exploration. Council also heard another missive on the consequences of poor governance from Wright.
He has repeatedly warned city council of the legal exposure that comes with stepping into the regulatory process, citing past court decisions that have gone against the city.
As councillors discussed what course to take on the mining regulation bylaw, they considered earlier public engagement on the matter. Council heard both concerns about the disruption and possible environmental impacts that mining and exploration work could cause. Speakers in favour of mining for economic and scientific purposes were also heard.
Coun. Kirk Cameron said he sees a divided community on this issue. He also said he thinks the group that brought the matter forward did a public service by prompting conversation around an “extraordinary” issue that the city has to deal with.
Coun. Ted Laking agreed with giving back the application fee, but also noted the significant expenditure of staff time and money for legal advice that the city made during the process. He suggested that steps should be taken to limit the impact that future processes of this kind have on taxpayers.
“I would support the recommendation. I just don’t think we’re in a place where the city is in a place with the information that we have and the engagement that is needed for making a significant decision like this. Numerous matters were raised, brought forward to council by private citizens and by businesses, some supporting mining within the city, mining activities, and others not,” said Mayor Laura Cabott.
The mayor said the process would benefit from further consideration of the impacts on water, wildlife, recreation and stakeholder rights. She also said there should be more involvement from First Nations and other levels of government in these decisions.
When the bylaw itself came before council there seemed to be some confusion about what was being voted on as councillors voted to 4-3 in favour of approving the bylaw on second reading, then defeating it on third reading.
Contact Jim Elliot at jim.elliot@yukon-news.com