Office of the Mining & Lands Commissioner

Last updated
The Ministry of Natural Resources headquarters at Robinson Place on Water Street in Peterborough. Ontario Ministry of Natural Resources Offices - Peterborough.jpg
The Ministry of Natural Resources headquarters at Robinson Place on Water Street in Peterborough.

The Office of the Mining and Lands Commissioner is an agency of the Ministry of Natural Resources (MNR) in the Canadian province of Ontario. [1]

Contents

The current Commissioner is Linda M. Kamerman.

History

The Office of the Mining and Lands Commissioner will have been in existence, as of May 2006, in one form or another, for one hundred years. The legislation that deals with the vast mineral resources in Ontario dates back to 1864. [2] The Mining Convention of 1905 followed on the heels of an exciting silver discovery in Cobalt, Ontario in 1903. It was felt that mining activity needed to be more regulated and that a Mining Commissioner should be appointed to decide disputes between claimants. The result was the Mines Act of 1906. While there had been mining laws in Ontario dating back to 1864, the Mines Act of 1906 was a comprehensive revision and update to those laws.

Legislators looking for a suitable template for the Mining and Lands Commissioner turned to the legislation establishing the Drainage Referee (The Drainage Trials Act, 1891) for their inspiration. The major difference between the two was that mining dealt with the disposition of Crown property and associated unpatented rights which had not been dealt with by the ordinary courts, while drainage dealt with ordinary property, claims and rights which would otherwise be heard in the ordinary Courts.

The original intention behind establishing a Mining and Lands Commissioner was to create a functionary who would deal with disputes under provincial mining legislation. The legislators recognizing that an independent judicial officer was needed (as opposed to ministers) to hear disputes. The presence of such an official would also free up ministers who were having to deal with increasingly time-consuming cases and would offer an accessible and affordable venue for members of the mining industry who obviously needed an adjudicator to quickly and effectively sort out their disputes. The Mining and Lands Commissioner is assisted by deputies and, in addition to being called upon to deal with matters arising under legislation other than the Mining Act, can also expect to hear what used to be called summary conviction cases (now provincial offences). [3]

Responsibilities

Today’s Commissioner is the first female appointee. In her role as an inferior court of review, the Commissioner is still required to hear disputes under the Mining Act and to carry out the role of “ultimate interpreter of the Act”. As in the past, she can still be called on to deal with summary conviction cases (now referred to as provincial offences). Unlike her brethren of the past though, she can expect to deal with legal issues that have become both increasingly complex and costly. And unlike the Commissioners of the first fifty years, she can expect to hold hearings under the Conservation Authorities Act, the Oil, Gas and Salt Resources Act, the Lakes and Rivers Improvement Act and the Assessment Act.

Changes to jurisdiction aside, the Mining and Lands Commissioner carries on maintaining a rich decision-making tradition that reaches back one hundred years. Perhaps, quoting the 1988 government Green Paper that explained the 1989 changes to the Mining Act can serve to sum things up quite nicely. The resulting legislation closely resembles today’s version.

“The powers and procedures of the Commissioner under today’s Mining Act are similar to those of the courts, although proceedings easily accommodate participants without legal counsel and provide quick settlement of disputes. The Commissioner is appointed by Order-in-Council under the Ministry of Natural Resources Act...Recommendation – The Mining and Lands Commissioner provides a quick and effective means of settling disputes and accordingly, the Office of Commissioner should be retained.” [3]

See also

Related Research Articles

Canadian federalism involves the current nature and historical development of the federal system in Canada.

<span class="mw-page-title-main">Magistrate</span> Officer of the state, usually judge

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.

The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.

Chris Hodgson is a former politician in Ontario, Canada. He was Reeve of Dysart country in 1993, and warden of Haliburton. He was a Progressive Conservative member of the Legislative Assembly of Ontario from 1994 to 2003 representing the ridings of Victoria—Haliburton and Haliburton—Victoria—Brock. He was a cabinet minister in the governments of Mike Harris and Ernie Eves, serving variously as Minister of Northern Development and Mines, Chair of the Management Board of Cabinet and Deputy Government House Leader, and Minister of Municipal Affairs and Housing.

<span class="mw-page-title-main">Courts of Scotland</span> Administration of justice in Scotland

The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.

<span class="mw-page-title-main">Ministry of Energy, Northern Development and Mines</span> Ministry of the Government of Ontario

The Ministry of Energy, Northern Development and Mines (MENDM) was the ministry responsible for developing a safe, reliable and affordable energy supply across the province, overseeing Ontario’s mineral sector and promoting northern economic and community development. The ministry's head office is located in Sudbury. The last Minister of Northern Development and Mines was Hon. Greg Rickford. The Ministry's programs also include the Northern Ontario Heritage Fund, and the creation and funding of local services boards to provide essential services in remote Northern Ontario communities which are not served by incorporated municipal governments.

<span class="mw-page-title-main">Ministry of Northern Development, Mines, Natural Resources and Forestry</span> Ontario provincial government department

The Northern Development, Mines, Natural Resources and Forestry is a government ministry of the Canadian province of Ontario that is responsible for Ontario's provincial parks, forests, fisheries, wildlife, mineral aggregates and the Crown lands and waters that make up 87 per cent of the province. Its offices are divided into Northwestern, Northeastern and Southern Ontario regions with the main headquarters in Peterborough, Ontario. The current minister is Greg Rickford.

The Ontario Municipal Board (OMB) was an independent administrative board, operated as an adjudicative tribunal, in the province of Ontario, Canada. It heard applications and appeals on municipal and planning disputes, as well as other matters specified in provincial legislation. The tribunal reported to the Ministry of the Attorney General from 2012 until it was replaced in 2018. The Board had been criticized for its broad powers and authority to override the Planning Act decisions of municipal councils.

<i>Kelly v Sulivan</i> Supreme Court of Canada case

Kelly v. Sulivan, 1876 CanLII 9, 1 SCR 3 was the first case heard by the Supreme Court of Canada. The Court answered the simple question of whether a case ruling from the Supreme Court of Judicature of Prince Edward Island could be appealed to a provincial appellate court. On the evidence available the Court found that there was insufficient records to prove that an appellate court for the province was ever created.

Ontario Parks is a branch of the Ministry of the Environment, Conservation and Parks in Ontario, Canada, that protects significant natural and cultural resources in a system of parks and protected areas that is sustainable and provides opportunities for inspiration, enjoyment and education. The Ontario Parks system covers over 78,000 square kilometres (30,000 sq mi), which is about 10 per cent of the province's surface area or the equivalent of an area approximately equal to Nova Scotia. It falls under the responsibility and mandate of the province's Ministry of the Environment, Conservation and Parks. It was formerly under the mandate of the Ministry of Natural Resources and Forestry.

Adams Mine is an abandoned open pit iron ore mine located in the Boston Township of the District of Timiskaming, 11 km (6.8 mi) south of Kirkland Lake in the Canadian province of Ontario. It is situated on the Canadian Shield.

A warden's court is a special court established to deal with disputes relating to mining and mineral tenements. It is presided over by a mining warden. Historically all Australian states had warden's courts, which were established in the late 19th century during the Australian gold rushes. However, in several states the position of mining warden has been abolished or had its powers reduced.

<span class="mw-page-title-main">Trapline</span>

In the fur trade, a trapline is a route along which a trapper sets traps for their quarry. Trappers traditionally move habitually along the route to set and check the traps, in so doing become skilled at traversing remote terrain, and become experts in the geography of the local area. Because of this traditional knowledge, traplines are not only of interest to trappers themselves but to researchers and others interested in local history, biology, and topography. The assignment of particular trapline territories to individuals in band societies was traditionally handled by group consensus, and occasionally violence and warfare. In the present-day trapline assignment is typically formalized and controlled by the state. Formalized trapline territory boundaries now form the basis for many major land-use projects in fur-rich regions.

<span class="mw-page-title-main">District Court of New Zealand</span>

The District Court of New Zealand is the primary court of first instance of New Zealand. There are 59 District Court locations throughout New Zealand. The court hears civil claims of up to $350,000 and most criminal cases. It is governed by the District Court Act 2016, which replaced the earlier District Courts Act 1947 as well as the District Court Rules which are periodically revised by the Rules Committee.

<span class="mw-page-title-main">Courts of South Africa</span>

The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa.

<span class="mw-page-title-main">Military courts of the United Kingdom</span>

The military courts of the United Kingdom are governed by the Armed Forces Act 2006. The system set up under the Act applies to all three armed services: the Royal Navy (RN), the British Army, and the Royal Air Force (RAF), and replaces the three parallel systems that were previously in existence.

The main Offences against military law in the United Kingdom are set out in the Armed Forces Act 2006.

The Ring of Fire is a vast, mineral-rich region located in the remote James Bay Lowlands of Northern Ontario, Canada. Spanning approximately 5,000 square kilometres (1,900 sq mi), the area is rich in chromite, nickel, copper, platinum group elements, gold, zinc, and other valuable minerals. Discovered in the early 21st century, the Ring of Fire is considered one of the most significant mineral deposits in Canada, with the potential to greatly impact the nation's economy and global mining industry. The development of this region has been a subject of ongoing debate, as stakeholders weigh the economic benefits against environmental concerns and the rights of Indigenous communities in the area. Despite these challenges, the Ring of Fire had remained a focal point for the Canadian mining sector and government, as well as international investors. By July 2023, the federal and provincial governments were no longer in agreement on priorities for federal funding of the Ring of Fire. Georgia Lake lithium project, KGHM's Victoria mine proposal and the Onaping Depth nickel project—which will produce minerals required for the low carbon economy—had become higher priorities, particularly as the Ring of Fire project is situated in a region of "vast, environmentally sensitive...peatlands".

<span class="mw-page-title-main">Groundhog River</span> River in Northeastern Ontario, Canada

The Groundhog River is a river in Cochrane District and Sudbury District in Northeastern Ontario, Canada. The river is in the James Bay drainage basin and is a left tributary of the Mattagami River.

<i>Reference Re Companies Creditors Arrangement Act</i> Supreme Court of Canada case

Reference Re Companies' Creditors Arrangement Act is a decision of the Supreme Court of Canada on the constitutionality of the Companies' Creditors Arrangement Act as part of the bankruptcy and insolvency jurisdiction of the Parliament of Canada.

References

  1. "Land". Ministry of Natural Resources - Ontario, Canada. Archived from the original on 2014-07-15.
  2. "Brief History". Ministry of Natural Resources - Ontario, Canada. Archived from the original on 2014-04-10.
  3. 1 2 Orr, Marianne. "A short history of the Ontario Mining and Lands Commissioner". Ministry of Northern Development, Mines, Natural Resources and Forestry.