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2014 Legislative Session: 3rd Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. NORM MACDONALD

BILL M 214 – 2014

BRITISH COLUMBIA OPEN MINING ACT, 2014

This Bill helps the mining industry in British Columbia through the creation of the British Columbia Open Mining Act . This Act requires the Minister of Mines to ensure that the public is well informed of mining applications, licences, permits,

amendments and annual reports. This Act amends

section 10 of the Mines Act and adds

section 31 to ensure mining reports and notices are filed in a manner accessible by the public. Many jurisdictions

in Canada and the United States require such measures to ensure the mining industry and governments enjoy the confidence that

regular, open and accessible information bring to industry and government. The Act is intended to ensure public confidence

in governance of the mining industry.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as

follows:

Definitions and

interpretation

1 In this Act, the Mines Act , R.S.B.C. 1996, c. 293,

section 10 is amended and

section 31 is added as follows.

Purposes

2 The purposes of this Act are as follows:

(

a) to ensure a resilient, sustainable, and strong mining sector in B.C.;

(

b) to increase public awareness of mining in B.C., including the diversity of resources;

(

c) to promote sustainable mining practices; and

(

d) establish the public filing of applications, licences, permits, amendments and annual reports as a provincial priority

in the overall public interest of present and future generations.

Public reporting

3 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the text highlighted by underline in

section 10 (1):

Permits

(0.1) In this section, "exempt person" means a person in a class of persons exempt under subsection (1.1) (

a) from the requirement under subsection (1) to hold

a permit.

(1) Before starting any work in, on or about a mine, the owner, agent, manager or any other person must hold a permit issued

by the chief inspector and, as part of the application for the permit, there must be filed with an inspector , and in the public electronic registry, pursuant to

section 31, a plan outlining the details of the proposed work and a program for the conservation of cultural heritage resources and for

the protection and reclamation of the land, watercourses and cultural heritage resources affected by the mine, including the

information, particulars and maps established by the regulations or the code. , and

by adding

section 31 as follows:

Public Electronic Registry

(1) The Ministry of Energy and Mines shall maintain an electronic registry convenient for use by the public, in which shall

be entered,

(

a) each application, licence, permit, amendment, and report filed with the Ministry;

(

b) all documents received by the Ministry in respect of compliance with the conditions of a licence, permit, amendment,

or other agreement;

(

c) all inspection reports carried out pursuant to

section 15 [inspections] of the Act;

(

d) all engineering reports carried out pursuant to

section 18 [engineering report] of the Act;

(

e) all records in respect of any public hearing held in connection with an application, licence, permit, amendment, or report;

and

(

f) all documents received or provided by the Ministry in respect of the cancellation of a licence, permit, or amendment.

(2) The electronic registry shall be open to inspection by any person. .

Commencement

4 This Act comes into force the day it receives Royal Assent.

Explanatory Note

This Bill helps the mining industry in British Columbia through the creation of the British Columbia Open Mining Act . This Act requires the Minister of Mines to ensure that the public is well informed of mining applications, licences, permits,

amendments and annual reports. This Act amends

section 10 of the Mines Act and adds

section 31 to ensure mining reports and notices are filed in a manner accessible by the public. Many jurisdictions

in Canada and the United States require such measures to ensure the mining industry and governments enjoy the confidence that

regular, open and accessible information bring to industry and government. The Act is intended to ensure public confidence

in governance of the mining industry.

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c) Queen’s Printer, Victoria, British Columbia, Canada