In order to assist the consultants undertaking the above review, West Coast Environmental Law (WCEL) has prepared the following submission regarding the liability provisions for mine reclamation and environmental protection as they relate to mining under both the Waste Management Act (WMA) and the Mines Act (MA). We understand that the need for this project has arisen out of the Ministry of Energy and Mines (MEM) proposal to exempt mine sites from the requirements of Part 4 of the WMA and its associated Contaminated Sites Regulation.
Our comments are divided into four main areas: general concerns about this proposal; the relative strengths of the WMA over the MA regarding liability; remarks on the adequacy of the bonding provisions under both Acts; and finally, recommendations as to how any problems could be addressed within the current framework.