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Terence Kernaghan

  • MPP
  • Member of Provincial Parliament
  • London North Centre
  • New Democratic Party of Ontario
  • Ontario
  • Unit 105 400 York St. London, ON N6B 3N2 TKernaghan-CO@ndp.on.ca
  • tel: 519-432-7339
  • fax: 519-432-0613
  • TKernaghan-QP@ndp.on.ca

  • Government Page
  • May/9/23 9:30:00 a.m.
  • Re: Bill 71 

I’d like to thank the member from Elgin–Middlesex–London for his comments. I have a great deal of respect for the member and absolutely agree with many of the member’s comments.

Here on the side of the official opposition, we want to see more projects which result in good-paying union jobs with benefits and pensions. The official opposition is also very respectful of the principles of free, prior and informed and consent of all affected First Nations, as well as environmental sustainability.

My concern, however, with this legislation, Bill 71, is section 7(1)—applications with closure plans that don’t meet the requirements.

So my question for the member is, what is the point of having standards, what is the point of having rules, what is the point of having requirements if the minister can ignore them and undermine them altogether?

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  • Mar/8/23 4:40:00 p.m.
  • Re: Bill 71 

I’d like to thank the member for his presentation. Here in the chamber, we’ve seen many presentations where it appears as though the Conservative government is reversing progress that has been made towards reconciliation. Also, in this bill, we see contradictory treatments of closure plans. On the one hand, they allow an applicant who may not meet the requirements to submit an incomplete closure plan and then subsequent actions give the minister broad discretion in permitting applications. My question for the member: Does it make good business sense to rubber-stamp plans that are written on the back of a napkin?

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  • Mar/8/23 4:20:00 p.m.
  • Re: Bill 71 

I’d like to thank the member from Nickel Belt for her eloquent speech about how this government’s changes deliberately exclude Indigenous people. Members on the Conservative benches, earlier this afternoon, seemed to suggest that the burden should be on Indigenous people to reach out if they have concerns.

My question to the member is, is this Conservative government moving backward in terms of reconciliation?

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  • Mar/8/23 3:10:00 p.m.
  • Re: Bill 71 

I’d like to thank the member from Mississauga–Malton for his presentation. As I’m sure he is well aware, the official opposition is in support of this bill on second reading. But one of the official opposition’s main concerns remains this government’s track record not only on relations with Indigenous peoples, their track record on the environment—and their love of unfettered and unchecked power, quite frankly.

Industry sources did not push for transferring powers from directors to the minister, and we worry about this centralization of power. My question, though, to the member is, who specifically recommended this transfer of power from the director to the minister?

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  • Mar/8/23 10:00:00 a.m.
  • Re: Bill 71 

It gives me great pleasure to rise as the official opposition critic for economic development, job creation and trade to add my thoughts about Bill 71, the Building More Mines Act.

As I start my comments, I think it’s important that members on the other side, on the government benches, recognize that this is a bill that the official opposition will be supporting at second reading, but we do very much rely on this government to travel the bill, to travel the bill properly and to listen to as many stakeholders as wish to appear at committee to make sure that this is a strong bill, a robust bill and one that has been built with public consultation. Because when we see many pieces of legislation that are brought forward in this chamber, much is left lacking, and that is perhaps intentional on the part of this government, to omit things which are very glaring in their absence.

I’d like to also start by saying this government’s track record on relationships and partnerships with Indigenous peoples is abysmal. As well, their record on enhancing and maintaining environmental protections is similarly abysmal. In 2018, when this government first assumed power, in their throne speech, they started it without an Indigenous land recognition—a horrible omission. And then, one of their first acts was to cancel the Indigenous curriculum-writing sessions while people were already in attendance. They were either already on their way or they had arrived and they were told to go home. Now, as well, we’ve heard and seen an ideological obsession to not declare September 30 a provincial holiday to recognize truth and reconciliation, which is truly bizarre.

But as I move my comments towards mining, mining is an excellent industry here in the province of Ontario. It’s a great and strong industry. It provides good-paying jobs, those union jobs with benefits, with a pension. I know members across the aisle are probably going to plug their ears and shriek, but it actually provides paid sick days. Imagine that. I know they’re very upset about that concept, but that is something that is provided with more union membership.

Mining also has a history in the province and it has moved away from that history. I believe our House leader, the member from Timiskaming–Cochrane, mentioned how, in the past, there were not closure plans, there was not the same sort of responsibility that has now been placed and that the mining industry has welcomed and is something that they’ve worked very hard to make sure that they are good corporate partners, good global citizens. They’ve brought up the industry. They’ve made sure that they are not only looking after the now but they’re looking after the eventualities of their industry within the province, which is excellent.

This is a huge financial risk, not only for the industry itself but also for the province, and we want to make sure that it’s one where we look after our environment for generations to come.

I’d like to also turn to what is known as “a dish with one spoon” teachings. I’d like to thank Dan and Mary Lou Smoke, some wonderful people from my riding, who have taught me about what that concept actually means and what that teaching means. Frequently, it is a covenant that was engaged in between Indigenous peoples to indicate a shared responsibility, an agreement. Sometimes you might refer to it as a truce as it were so that they can share within the wealth in Mother Earth.

When we take a look—it’s called “a dish with one spoon”—the dish refers to the land, and it’s meant to be shared peacefully; it’s meant to be shared equally; it’s meant to be shared among all people for their benefit, and the spoon is what refers to the individuals living on that land. But what it actually means at the heart of it, as Dan and Mary Lou have indicated to me, is that there is enough when we share with one another. There is enough when we take good care of the earth.

“A dish with one spoon” also has resonance with extracted economies: that we don’t pillage the earth; we don’t take too much from the earth—and if we do take from the earth, we make sure we take in moderation and we make sure we do not destroy what’s left for future generations to come.

This has resonance in many other places in the world and many other disciplines. For instance, in Tao Te Ching there is a writing that says “the person who knows when enough is enough will always have enough.” When we share with one another, when we don’t hurt the earth too much, we will have a good environment for generations to come.

I also think of the words of Bishop Terry Dance. We live in a world right now where there’s this singular focus on what he calls “unbridled acquisitiveness.” There is this rampant greed where people are more interested in what they themselves can obtain and what they can take than there is about how we should look after one another, and that’s something I believe we have to be very cognizant of and very careful of. If we look after one another, we all win. If we look after the environment for generations to come, those generations will also win. We need to take the selfishness out of many of these equations.

As I look at this legislation itself, there are some deep concerns, one of which would be that, in Bill 71, it replaces the “director of mine rehabilitation” anywhere in the Mining Act with “minister.” We know from this government that their track record on environmental protections is abysmal. They’ve ripped out those charging stations that were already paid for—it was a bad business. Not only were they paying to destroy something, but they were paying to destroy something they had already paid for. So if they could have taken money and thrown it in the toilet, it seems this Conservative government would have done so in their ideological battle against environmental protections.

But we’ve also seen Bill 23, which is the commodification of the greenbelt for a few very well-connected backroom insiders, under the disguise and the weak cloak of calling this a bill for affordable housing. So when we see this consequential change of the “director of mine rehabilitation” being replaced with “minister,” it doesn’t exactly inspire trust on behalf of the official opposition, or really anyone in the province, because nobody believes this government on their track record of environmental protections.

Also, we see that there is the elimination of the reference to the director of mine rehabilitation altogether—the person who’s going to be looking after this in the future. And why is that eliminated? You know, MiningWatch Canada’s Jamie Kneen has said, “Undoing safeguards and making the process more streamlined and less accountable is really just, I think, a recipe for disaster.”

Kate Kempton, an Indigenous rights lawyer, has said, “Ford is proposing to strip the closure plan approval process and First Nations engagement in it to a bare minimum, which was—it’s basically taking of the last thread of protection that we have.”

Kneen goes on to say, “This (Pirie’s reassurances of continued environmental safety and Indigenous consultations) is coming from a government that has shown no consistent respect for either of those things, so it’s really hard to take that seriously.”

In this bill, as well, the rehabilitation will be changed to a different use or condition that the minister determines. Again, I’m not so sure that we can trust the minister. And the minister becomes the locus of control, as they will look at the land and they will deem it suitable for future use or a site determined by the minister.

Now, I also want to make sure that we add in the record that the mining industry has really raised the standard. They have made sure that they have financial security, they have closure plans. This government is really tinkering with these closure plans, which is very concerning. They also are very curiously, where there is a closure plan, weakening that in a very strange way. This bill allows the applicant, who may not meet all the existing criteria for a mine closure plan, to nonetheless submit a claim. Is this a workaround? That’s a good question that we have.

Further, the bill sets out that the minister shall file a closure plan within 45 days of it being submitted or return the applicant for resubmission if it misses one of their parameters as set out in the act. Why is there this contradiction? We’re not sure. This needs to be answered by this government.

I also want to highlight what we heard as we travelled with the Standing Committee on Finance and Economic Affairs, which was the concept of tailings. MIRARCO, who submitted a presentation for the committee, also said they have the Centre for Mine Waste Biotechnology, the first of its kind in Canada, which will take a look after those tailing ponds, which grow exponentially year after year after year and the dams are just made higher and higher. We know and we’ve heard from the member from Sudbury about the crisis that happened in Brazil, where hundreds of people died. But this company has a great way to extract some of the things that are being left there as waste.

I just want to point out some of the statistics that they shared with us at committee. They felt that there’s between $8 billion to $10 billion of nickel contained in the Sudbury mine—

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  • Mar/7/23 10:00:00 a.m.
  • Re: Bill 71 

I’d like to thank the Minister of Mines and the member from Essex for their presentation.

The minister discussed diamond drilling and working with Indigenous peoples and working together, whereas the member from Essex talked about consultations. I hope that the minister or the parliamentary assistant will assure the House that when building more mines, such as this bill is titled, that there will be free, prior and informed consent from Indigenous partners on each new site.

My question for the member from Essex is, could you please define free, prior and informed consent for the House?

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