WORKSHOP ON LEGAL AND INSTITUTIONAL BARRIERS TO COLLABORATION RELATING TO ORPHANED/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.

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.

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.)

• Draft Agenda: LIBC Workshop