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Table of Contents > Reports > Legal and Institutional Barriers to Collaboration Relating to Orphaned/Abandoned Mines (OAMs) Abstract and Summary > Table of Contents > Introduction > Background and Workshop Review > Presentations > Panel Presentations and Breakout Groups > Closing Remarks > List of Participants > Final Workshop Agenda

APPENDIX B: FINAL WORKSHOP AGENDA

WORKSHOP ON LEGAL AND INSTITUTIONAL BARRIERS TO COLLABORATION RELATING TO ORPHANED/ABANDONED MINES (OAMs)

Sponsor: National Orphaned/Abandoned Mines Advisory Committee
Time: 24-25 February 2003 (Monday, Tuesday)
Place: North American Ballroom
Embassy West Hotel and Conference Centre
1400 Carling Ave.
Ottawa Ontario
1-800-267-8696 or 613-729-4331(local)
www.embassywesthotel.com
Participants: 50 to 60 individuals from federal, provincial, territorial and municipal governments, Aboriginal organizations, the mining sector, environmental and labour groups. These individuals have knowledge of, or are affected by policy and legal issues surrounding third-party liability and Orphaned and Abandoned Mines (OAMs).

Objectives:

  • to identify, better understand and assess the legal and institutional barriers, along with the preferred options that would allow third parties to collaborate on clean-up and manage liabilities related to Orphaned/Abandoned Mines; and
  • to develop recommendations and guiding principles for consideration by the National Orphaned/Abandoned Mines Advisory Committee and possible transmittal to federal, provincial and territorial governments.

Anticipated Output:

  • Report of Workshop Proceedings capturing information presented, substantive discussion, comments and issues, recommendations, guiding principles and “next steps” for consideration by the National Orphaned/Abandoned Mines Advisory Committee.

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Workshop Context:

Orphaned or abandoned mines are those mines for which the owner cannot be found or for which the owner is financially unable or unwilling to carry out clean-up. They pose environmental, health, safety, and economic problems to communities, the mining industry, and governments in many countries including Canada. In September 2001, federal, provincial and territorial Mines Ministers asked that a National Orphaned/Abandoned Mines Advisory Committee be struck to study various issues and initiatives concerning the development and the implementation of remediation programs across Canada. One task of the Committee was to evaluate, in Canada, the U.S., and other countries, legal and institutional barriers to collaboration and to identify mechanisms for third-party collaboration. A background paper was developed by Joseph Castrilli, Barrister and Solicitor, outlining legal and institutional barriers and identifying legal mechanisms for third-party collaboration. The Committee also agreed to sponsor this workshop to provide participants with an opportunity to identify common challenges and share ideas/solutions across the sectors that would allow third parties to collaborate on clean-up and manage liabilities related to orphaned/abandoned mines without assuming all liabilities. These include legislative and institutional barriers, liability disincentives, and collaborative opportunities with respect to remedial action on Orphaned and Abandoned Mine sites on a voluntary or limited basis. Note that the Committee has established a separate Task Force to examine funding approaches with respect to the remediation of OAMs.

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Draft Agenda: LIBC Workshop



TIME TOPIC LEAD
DAY 1
8:15 Registration Desk Open
(Coffee and juices available)
 
9:00 Call to Order, Introductions Hajo Versteeg (Facilitator)
9:10 Welcoming Remarks and Workshop Objectives - PDF File Christine Kaszycki, Chair, Orphaned/Abandoned Mines Advisory Committee; ADM, Manitoba Industry, Trade & Mines
9:20 Overview of Legal and Institutional Barriers to Collaboration - PDF File

Presentation – 40 min
Plenary Discussion – 20 min
Joseph Castrilli
Barrister and Solicitor
10:20  Break
10:30 Pennsylvania’s Environmental Good Samaritan Act and Related Initiatives - PDF File

Presentation - 25 min
Plenary Discussion - 20 min
Mr. Scott Jones,
Hydrogeologist with the Greensburg District Mining Office, Pennsylvania Department of Environmental Protection.
For information please visit this web site.
A copy of the EGS Act can be found at this web site.
11:15 The U.S. Federal Abandoned Hardrock Mines Reclamation Act of 2002 and Related Initiatives - PDF File

Presentation - 25 min
Plenary Discussion - 20 min
Alan Septoff, Research and Information Systems Director, Mineral Policy Center, Washington D.C.: For information please visit this web site.
12:00  Lunch (Provided) 
1:00 Abandoned Mines in the North - PDF File

Presentation - 20 min
Plenary Discussion - 10 min
Richard Arseneault, Director, Office of Sustainable Development Studies: See http://www.oag-bvg.gc.ca/ for the 2002 Report of the Commissioner for the Environment and Sustainable Development (cf Chap 3 on Abandoned Mines)
1:30 The OMA/OMNDM Initiative: A Case Study in Addressing Legislative and Institutional Barriers to Collaboration on OAMs in Ontario - PDF File

This Case Study will examine several “on the ground issues” that this initiative is grappling with, including issues relating to ownership, the definition of “site”, “special purpose accounts”, indemnification, gifts to the Crown, tax credits and responsibility for fund administration.

Presentation - 30 min
Plenary Discussion - 20 min: facilitator will solicit similar and additional “real life” experiences from participants.
John Martschuk, Director, Ontario Mining Association; and Director, Environment, Barrick Gold Corporation
2:20 Liability, Legislative and Institutional Barriers and Opportunities for Collaboration  
  Setting the Stage. Volunteer Cleanup of Abandoned Mines: Barriers and Liabilities - PDF File

Presentation – 20 Min
Plenary Discussion – 15 Min
Joseph Castrilli
  Site-Specific Experiences in Canadian Jurisdictions  
 

Presentation #1A Experiences from a Mining Sector Representive - PDF File

#1B Experiences from Manitoba Government Representatives - Manitoba Perspectives
- PDF File

Plenary Discussion – 15 Min

Wayne Fraser from Hudson Bay Mining and Smelting Co., Limited

Christine Kaszycki and Edwin Yee from the Manitoba government

3:30  Break
  Presentation # 2: Experiences from an Ontario Ministry of the Environment representative - Presentation not available.

Presentation – 20 Min
Plenary Discussion – 10 Min
Ken Jull, a lawyer who has done extensive work on the Deloro site for ON MoE
  Presentation # 3: Experiences from the North - PDF File

Presentation – 15 Min
Plenary Discussion – 10 Min
Robert Lauer, INAC
  Plenary Discussion, including Collaborative/Partnership Opportunities, Lessons Learned Led by Hajo Versteeg
5:10 Summary of the Day Hajo Versteeg
5:15 Workshop Adjourned  
5:16 to 6:30 Informal Reception (Dinner is on your own) All

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TIME TOPIC LEAD
DAY 2
8:45 Call to Order/Review of Workshop Process Hajo Versteeg
9:00 Panel Presentations and Plenary Discussion:

Panel Members from: Environment Canada (Patrick Finlay); Indian and Northern Affairs (Robert Lauer); Saskatchewan Environment (John Schisler), an Aboriginal organization (Glenn Nolan), the Canadian Environmental Network, and the mining sector. Panel members are not necessarily representing the views of the organizations with which they are affiliated.

Each panel member has 10 minutes and has been asked to consider the following to help set the stage for the Breakout Group discussions:
What do you think are the 2-3 priority barriers to collaboration;
What recommendations/guiding principles would you make to remedy/overcome these barriers and promote collaboration and partnership opportunities

Panel presenter: 10 min each
Plenary Discussion following all of the presentations – 20 min.
 
10:20 Break and Report to Breakout Groups (BOGs)  
10:30 BOG 1, 2 and 3: Focus on Legislative and Institutional Barriers -
What are the 3-5 priority legislative and institutional barriers to collaboration;
What recommendations/guiding principles would you make to remedy/overcome these barriers and promote collaboration/partnership opportunities

BOG 4, 5 and 6: Focus on Liability Barriers -
What are the 3-5 priority liability barriers to collaboration;
What recommendations/guiding principles would you make to remedy/overcome these barriers and promote collaboration/ partnership opportunities
 
12:00 Lunch (provided) 
1:00 Breakout Reports to Plenary: BOGs report to plenary: 10 min plenary reporting from each BOG plus 5 min plenary discussion following each report  
2:45 Summary of Recommendations and Guiding Principles to present to National Orphaned/Abandoned Mines Advisory Committee Hajo Versteeg
3:15 Next Steps and Closing Remarks Elizabeth Gardiner, Vice President, Technical Affairs, The Mining Association of Canada
3:30 Workshop Adjourns  
3:45 - 4:30 TBC: National Orphaned/Abandoned Mines Advisory Committee meeting to debrief and discuss recommendations and next steps  

Participants should not book travel arrangements prior to 5:00 p.m.

(National Orphaned/Abandoned Mines Advisory Committee members should not book travel arrangements prior to 18:00.)

 
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Last updated: 2003-09-26

© National Orphaned/Abandoned Mines Initiative (NOAMI) 2004