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Legislative and Institutional Barriers to Collaboration Taskgroup:


To evaluate the efficacy of various approaches, including "Good Samaritan" legislation, permit blocking, non-compliance registries, and allocative versus joint and several liability.


A review, Barriers to Collaboration: Orphaned/Abandoned Mines in Canada (Castrilli 2002), was undertaken to examine regulatory or institutional barriers, liability disincentives and collaborative opportunities in Canada, selected US jurisdictions and other countries, relating to voluntary remediation of OAMs. Emphasis was placed on four approaches: “Good Samaritan” legislation; permit blocking; allocative versus joint and several responsibility; and non-compliance registries. The report findings provided background for a multistakeholder Workshop on Legal and Institutional Barriers to Collaboration relating to Orphaned and Abandoned Mines held in Ottawa in 2003 that assessed the key barriers and developed approaches to overcome them. These recommendations were further incorporated into the NOAMI work plan.