Amendments to Bill 19 not in the public interest
I spoke to Bill 19, the Miscellaneous Statues Act, during the last day of the fall legislative sitting.
The pattern of this government is to pack amendments to many different Acts into a miscellaneous bill. Some of these are simply administrative amendments, but others have the potential to be very significant in rural constituencies like Stikine. A section of Bill 19 fell into the latter category.
The amendment brought forward in Bill 19 allows the chief inspector of mines to exempt companies from requiring a mining permit to carry out their activities. This seems contrary to the legitimate role for government to ensure that the exploitation of a commonly held natural resource is done with the greater public interest in mind. But the Minister of Forest and Mines, Rich Coleman, argued that there are circumstances where the environmental risk of mining activity does not justify the need for a permit.
These “low risk” situations are best left to the discretion of the chief inspector of mines, contends Minister Coleman. According to him, this amendment will allow for a streamlining of the process for companies.
There are more than a few problems with this approach.
Nowhere in the amendment does it describe what exactly constitutes a “low risk” activity; those details will come later as decided upon by the government.
Increased, unspecified discretionary powers for a bureaucrat like the chief inspector of mines leaves the door open to political interference, which a recent case involving the BC Liberals and uranium mining demonstrates.
And First Nations, whose consideration is so important to ensure successful mining initiatives, were not asked for their view on this amendment. The Minister said that will come after the fact.
This is not a good approach to legislation. If the Minister really wants to streamline things, he should increase staffing in ministries to deal with permits in an effective and efficient manner and instill public confidence in the process.