CCAMU MEMBERS
ASK FOR SUPPORT FOR PROPOSED ACT TO REGULATE ACTIVITIES IN AREAS
WITH ELEVATED LEVELS OF URANIUM
Description of the Request
to the Environmental Commissioner of Ontario
by Marilyn Crawford and Wolfe
Erlichman, March 31, 2009
The request is to review the
need for a new Act to regulate mineral exploration and residential/industrial
development in areas where elevated levels of uranium have been
identified.
This will require a review
of relevant existing legislation that offers protection to the
environment from elevated levels of uranium. It will require a
review of the impacts of bedrock disturbing developments on the
release of radiation and related toxins in uranium zones and the
implications on the environment and health. A comparative review
of legislation in other jurisdictions will assist in identifying
both the need for protection from negative impacts and to serve
as examples for needed regulations The review would further consider
the need to provide opportunities for open, meaningful and consultative
processes when making decision about projects that may have significant
adverse effects on the environment, socio-economic health of communities,
and projects that will cause significant public concern. Considering
that exploration for uranium is taking place in several locations
in Ontario, it is important to have an Act in place that both
protects the environment and requires a public review prior to
advanced exploration and development of a uranium mine.
Description of the New Act:
To enforce collaboration on
high risk, multi-facetted concerns with health, safety and environmental
issues related to uranium, there would be involvement with several
Ministries, specialists, experts and civil society to develop
the Act. There would be opportunity for comment on the Act via
the Environmental Bill of Rights.
The Act would:
1. follow the principles of precaution as opposed to 'low risk'.
2. require conformity to the Act.
3. establish priority of the Act (ahead of the Mining Act) for
exploration projects.
4. regulate exploration for uranium and other minerals in areas
with known elevated levels of uranium. A map of a uranium zone
is included in the review.
5. regulate other types of development, such as developments that
would include bedrock excavations and drilling of multiple wells
for residential and industrial expansion.
6. regulate projects where the potential adverse effects are not
predictable.
7. regulate projects that are likely to cause significant adverse
ecological and socio-economic effects.
8. protect against increased levels of uranium in groundwater
through human causes.
9. prohibit mechanical exploration, including drilling and trenching,
near private wells.
10. prohibit exploration for uranium in surface water-supply watersheds.
11. include provisions for mandatory testing of well water in
uranium sensitive areas.
12. regulate projects that are likely to arouse significant public
concern from the impacts of release of naturally occurring uranium.
13. outline a process for accessing and reviewing public concerns.
14. require transparency through public access to documents related
to projects.
15. require comment on relevant project proposals on the Environmental
Bill of Rights.
16. ensure that the public is aware of and will have input into
decisions that would have an impact on them.
17. establish an Independent Commission or Review Committee/Board
with:
a. representation from a cross section of civil society
b. the authority to review relevant project proposals
c. a mandate to assess the environmental and socio-economic impacts
of project proposals.
d. have the authority and requirement to receive and consider
concerns, comments and suggestions about project proposal applications
in areas of known occurrence of uranium.
e. the authority to reject projects.
The request asks Ministries
to undertake the review to protect the environment and take into
account the impacts on human health through ground and surface
water, soil and airborne contaminants. This requirement is in
consideration of the toxic accumulating effects of uranium when
unleashed from its geological presence through human causes such
as bedrock excavations and drilling for residential, commercial,
exploration and mining developments. Unearthed uranium when exposed
to the atmosphere decays into its various toxic daughter products
(other isotopes) over time thereby getting into the environment
and food chain. This occurs in the air as dust and heavy gas (radon)
as well as leaching into the surface water or groundwater thereby
contaminating water sources that may provide drinking water and
wildlife habitat. There should be a review to protect future generations.
The request states that exploration
for uranium is a contentious issue in Ontario, producing conflicts
between mining interests, government and local communities. There
should be a review to protect the environment and to resolve issues
around exploration and development in areas where uranium has
been identified.
The application includes the
following summary and details of deficiencies:
. Public participation and consultation
. Mineral Exploratory Regulatory Regime in Ontario
a) Provincial Versus Federal Jurisdiction over Mineral Exploration
b) the initiative to modernize the Ontario Mining Act
c) Limitations of the Assessment Work Regulation- the unique nature
of uranium
d) Preliminary Exploration and other Environmental Authorizations
. Environmental Assessments and Land Use Planning
. Uranium and Drinking Water
. The Clean Water Act
. Uranium and Drinking Water
. Uranium Drinking Water Quality Standards
. Uranium Exploration: Potential Contamination of Water from Uranium
. Direction to municipalities, when developing Official Plans,
to consider impacts of developments on human health and the environment
in uranium areas
The applicants are concerned
that continued or expanded exploration for uranium and an influx
of new residents into areas could put the public at risk. Large,
local development and expansion of towns and hamlets in uranium
areas leading to an increase in population would create more excavations
and well drilling with the potential of increasing exposure to
uranium over time.
By undertaking a review and
establishing a new Act, the Ontario Government could play a vital
role in being a provincial government trend-setter in the health,
welfare and environmental aspects with regard to the management
of uranium zones in the Province.
LETTER TO POTENTIAL SUPPORTERS
This email is to give an update on our application for a review
of the need for a New Act to legislate activities in areas where
elevated levels of uranium has been identified. The request was
received by the Environmental Commissioner of Ontario on April
3 and referred for review to the Ministry of Northern Development
and Mines (MNDM), Ministry of Municipal Affairs and Housing (MMA&H),
Ministry of Natural Resources (MNR) and the the Ministry of the
Environment (MOE) for consideration. The request was also sent
to the Ministry of Energy and Infrastructure (ME&I) and the
Ministry of Health and Long-Term Care (MH<C) as a non-prescribed
review.
Under section 67 of the EBR, each Ministry must consider an application
in a preliminary way, as well as any submission from a person
who may be directly interested in the review. The Ministries may
also consider any social, scientific or other evidence that is
relevant.
In June, four Ministries will provide a written decision whether
a review will be conducted.
Thank you to those who have already sent submissions. This will
serve as a reminder to others that there is an opportunity to
provide information to Ministers showing why a review should be
undertaken.
Please note that Bill 173, introduced in Ontario parliament April
30 to modernize Ontario's Mining Act, does not give special consideration
to exploration for uranium, non-aboriginal consultation and provisions
for environmental assessment.
Information can be sent to one or more of the Ministers listed
below and copied to the Environmental Commissioner. Included could
be information such as: limitations of existing legislation to
protect public health/safety and the environment, fact sheets,
research and position papers, descriptions of concerns/issues,
reports, to offer support for our request or to offer solutions,
such as establishing a moratorium on uranium exploration.
Although requests to the ECO are limited to Ontario residents,
people from outside of province may send information to Ministers
for consideration. Please reference your comments to file numbers
R2009001 (MNDM), R2009002 (MMA&H) R2009003 (MNR), and R2009004
(MOE). Please copy the Environmental Commissioner and the Minister
of Ministry of Energy and Infrastructure and the Ministry of Health
and Long-Term Care.
Your submissions should be made as soon as possible. Your input
will show that there are a range of complex issues that need to
be considered and addressed.
Regards,
Marilyn Crawford and Wolfe Erlichman
Contact list:
Hon Michael Gravelle
Ministry of Northern Development and Mines
Room 5630, 5th Floor, Whitney Block
99 Wellesley Street West
Toronto, Ontario M7A 1W3
mgravelle.mpp@liberal.ola.org
fax: 416-327-0665
file # R2009001
----------------------------
Hon Jim Watson
Ministry of Municipal Affairs and Housing
17th Floor
777 Bay Street
Toronto, Ontario M5G 2E5
jwatson.mpp@liberal.ola.org
fax: 416-585-6470
file # R2009002
----------------------------
Hon Donna H. Cansfield
Ministry of Natural Resources
Suite 6630, 6th Floor, Whitney Block
99 Wellesley Street West
Toronto, Ontario M7A 1W3
dcansfield.mpp@liberal.ola.org
fax: 416-325-5316
File number R2009003
--------------------------------
Hon John Gerretsen
Ministry of the Environment
12th Floor
135 St. Clair Avenue West
Toronto, Ontario M4V 1P5
jgerretsen.mpp@liberal.ola.org
fax: 416-314-6748
File number: R2009004
----------------------------
Hon David Caplan
Ministry of Health and Long-Term Care
10th Floor, Hepburn Block
80 Grosvenor Street
Toronto, Ontario M7A 2C4
dcaplan.mpp@liberal.ola.org
fax: 416-326-1571
-----------------------------
Gord Miller, Environmental Commissioner of Ontario
1075 Bay Street, Suite 605
Toronto, ON M5S 2B1
Fax: 416-325-3370
E-mail: commissioner@eco.on.ca
