Mineral Resources Division

Geological
Survey

Manitoba’s Protected Areas Initiative -
Mining Sector Consultation Process

All jurisdictions in Canada are grappling with the need for environmental protection of sensitive ecological areas and the need to fulfill expectations to establish networks of protected areas. The Protected Areas Initiative (PAI) in Manitoba involves sectoral consultations to ensure that resource industries, as well as communities and First Nations, are fully consulted on proposals for the establishment of protected areas. The mining sector consultation process in Manitoba is unique in Canada and provides the industry with confidence that areas of high mineral potential will be identified and will help shape the boundaries of protected areas. This approach was highlighted in the PDAC’s brief to Mines Minister’s in Charlottetown, 1999 as one that more jurisdictions should try to emulate.

Manitoba's commitment to establish a network of protected areas to represent each of our natural regions began in 1990, when the province became the first jurisdiction in Canada to commit to World Wildlife Fund Canada's Endangered Spaces Campaign. The goal of the Endangered Spaces Campaign, which ended in mid-2000, was to establish a network of protected areas representing all of Canada's natural regions. Manitoba's PAI, in support of government commitments to the Endangered Spaces Campaign, aims to protect representative samples of each of the province's terrestrial natural regions. Designation for protection under Manitoba's PAI prohibits all resource extraction activity within the protected area, including mineral exploration and development.

In early 1998, a working group was established to review Areas of Special Interest (ASI).

The three parties working together in the mining sector consultation are:

1. The mineral exploration industry, through the Mining Association of Manitoba Inc. and Mineral Exploration Liaison Committee (MELC).
    
2. Government of Manitoba
   
   a) Protected Areas Initiative staff from the Department of Conservation.
   
   b) Manitoba Geological Survey and Mines Branch staff, Department of Industry, Economic Development and Mines.
    
3. Third party environmental non-government organization: World Wildlife Fund Canada ESC coordinator initially, now WWF Canada Mining Sector project and Manitoba Wildlands coordinator.

Manitoba Conservation is the lead agency of the PAI and steward of the mining sector consultation. The PAI defines study areas called Areas of Special Interest (ASI) for possible protection through "enduring features analysis". Enduring features methodology identifies the combinations of soils, geology, climate and landforms (enduring features) that influence biodiversity. The methodology also assesses the contribution of each protected area or ASI in representing biological diversity within a natural region, and designs study areas to fill gaps in enduring feature and natural region representation. ASIs are used to focus consultations and are not protected in any formal manner. In most cases ASI boundaries are flexible and can be changed to respond to new information.

Three committees are involved in the PAI mining sector consultation process. The Mineral Exploration Liaison Committee (MELC) is an industry-lead group composed of representatives from all Manitoba exploration and mining associations, including the Manitoba Prospectors and Developers Association, Manitoba-Saskatchewan Prospectors and Developers Association, Prospectors and Developers Association of Canada, and Mining Association of Manitoba, Inc. This committee also has government (Industry, Economic Development and Mines) representation and functions to provide liaison and coordination with government geoscience and regulatory agencies on a variety of issues. In the PAI mining sector consultation, the role of MELC is to review and ratify rankings recommended by the Land Access Subcommittee (below).

The MELC Land Access Subcommittee includes representatives from the industry component of the full MELC committee, as well as representatives the PAI, Mines Branch, Manitoba Geological Survey, and Manitoba Wildlands/World Wildlife Fund Canada. The role of this committee is to "rank" ASIs brought forward by the PAI for suitability for protection, based on their mineral potential. The ranking scheme was developed by the industry partners and is used in the consultation process as follows:

• Rank 1: protection supported
• Rank 2: review in progress; support likely, pending clarification
• Rank 3: review in progress; additional detailed information is required for a decision regarding support
• Rank 4: reviewed; high mineral potential or existing commitments; not supported for protection

The Communication Steering Committee (CSC) is a small governance/oversight committee for the mining sector consultation process and has representatives from each of the partners in the consultation. The role of the Steering Committee is to develop consultation policy and work plans, to ensure that the MELC committees are supplied with the materials, and information required to make decisions.

In a typical work cycle, the Communication Steering Committee in conjunction with the PAI draws up a list of ASIs to be considered at the next ranking session. For each ASI (or group of small ASIs), Manitoba Geological Survey (MGS) staff produce written exploration summaries from cancelled assessment files and existing mineral potential data. The MGS also produces maps in GIS, which show the ASIs in their geological, geophysical and mineral disposition context. This information is passed to the Land Use Subcommittee in advance of ranking sessions so that the ASIs can be discussed in the home associations. At a ranking session, Land Access Subcommittee members discuss each ASI in turn and apply a recommended rank (1 to 4, above) based on the perceived mineral potential. The rankings are tabulated and added to a master ASI Position Summary Chart maintained by the PAI and the CSC. A meeting of the full MELC committee is scheduled by the CSC, generally 2-4 months after a ranking session, and all ASIs recommended Rank 1 or Rank 2 are brought forward to MELC for review and discussion. Some or all are ratified as Rank 1 and the remainder are referred back to the Land Use Subcommittee for further review and information-gathering. Ongoing activity to be ready to review Rank 3 ASIs continues through the consultation work plan. On occasion, the Land Use Subcommittee nominates an area for protected status. According to a protocol established between the departments of Conservation and Industry, Economic Development and Mines, ASI’s that have been ratified Rank 1 by the full MELC committee are requested in writing by the Assistant Deputy Minister of Conservation Programs to be placed in a "withdrawal pending" status, meaning that the Crown mineral rights in these areas are not available for new mineral dispositions, pending final resolution of the area's status and future designation of protected lands.

Designation

When a decision is reached to protect an ASI or nominated area, an appropriate designation is selected for permanent protection. These decisions are based on the outcomes from consultations lead by the PAI. Sites may be protected under the Wildlife Act, the Ecological Reserves Act, the Forestry Act, the Provincial Parks Act, or by Memorandum of Agreement. If the decision is made to use the Provincial Parks Act, the area is provided with interim protection through designation as a Park Reserve. Designation of an area as a Park Reserve protects the land by prohibiting mining, logging, hydro-electric, oil and gas development, as well as other activities that could significantly and adversely affect natural habitat. Initial protection as a Park Reserve is temporary and expires after six months unless renewed. Renewing the Park Reserve status provides up to an additional five years for consultation to continue with First Nations, communities, Métis, environmental organizations, and industry groups. Park Reserve status provides protection while boundaries are finalized and management issues are identified. Under exceptional circumstances involving private or non-governmental organization lands, areas could be designated a park without going through the Park Reserve stage.

Currently, approximately 8.4% of Manitoba’s landmass is in protected status. An additional 5.7% has been supported for protection by the mining industry as Rank 1 ASIs and have been placed in "withdrawal pending" status by the Mines Branch.