Freeze all current mining claims and leases in the moratorium areas.Withdraw all lands from staking that are subject to First Nation community moratoriums and/or the subject to selection under an outstanding land claim.
The First Nation has the Right to Say No or the Right To an Agreement
Ontario agrees not record any new claims under the Mining Act without the free, prior and informed consent of the affected First Nation(s). Consent may be expressed in an early exploration agreement. An early exploration agreement does not relieve the Crown of any legal consultation obligations.
Areas of Interest
First Nation(s) who are entertaining or considering entertaining mining exploration will provide a map of their area of interest to Ontario.
The affected First Nation(s) will provide written confirmation of their
support, or reasons for non support, to the Mining Recorder.
Overlaps Resolved By First Nations
If the claims fall in an overlapping area the First Nations will meet
and agree on a common approach.In the event that the First Nations
cannot agree, the claims will not be recorded.
Right to Know
All First Nation(s) will be notified of all current mineral claims recorded in their area of interest(as defined by the First Nation) , under the Mining Act, and be provided with updated GIS digital files and information on the claims holders.
Interim Measures
As an interim measure prior to land use planning and/or as a measure to implement an existing First Nation land use plan, the First Nations open to mining exploration will identify lands to be withdrawn from disposal and mineral staking under the Mining Act and may use the following criteria for this purpose:
(a) lands harvested for food and medicinal purposes;
(b) culturally and spiritually significant areas;
(c) lands which are ecologically sensitive; and
(d) watershed protection.
Necessary Funding
To make this all happen.
These are transition steps to the replacement of the archaic free entry approach of the current Mining Act with a permitting system based on the principles of respect for moratoriums; the right to say no; the right to know; free, prior, and informed consent, a precautionary approach and environmental assessment of all stages of mining exploration.
The goal is First Nations jurisdiction.
