Wednesday Sept. 7, 2022
Hello Community,
This email is to update you on the public Limerick Township Planning zoom meeting held Tues Sept 6, with a delegation from Land’escapes and Transition Metals. (my additions below are in [parenthesis] for clarification)
The meeting opened with a slide presentation from Foteen Planning & Design (Ms. Golsa Kheir and Mr. Youko Leclerc, https://fotenn.com/) who was representing the absent Ben Samann of Land’escapes. Their slide presentation showed that the area slated for exclusive private membership recreation is approx. 70 parcels totaling 27,000 acres of land from the total
acquisition of 65,000 acres with the main access off Hwy 62 at 122 MacKenzie Lane. It is currently zoned as marginal agricultural-5-h.
Justin Harrow, Director of Hastings Planning and Land Development, stated that the current zoning allows for about 20 different uses according to the Provincial Plan, and they are restricting uses to about 8 but council approval is needed for the zoning of camping. He added that what is currently permitted won’t change, but from a provincial stand point, the establishment of a mine needs to not be hindered. [I believe Mr. Harrow was referring to the fact that Land’escapes has surface rights and Transition Metals has mining rights on the said lands, and the Provincial Plan as well as the Ford government condone mining in southern Ontario, even in cottage country.]
Transition Metals was represented by Scott McLean, President and CEO and Greg Collins, Chief Operating Officer.
Mr. McLean said that they have a right to explore [as per their mineral rights], and they are “projected to begin next year”.
They are primarily seeking nickel, copper and PGM’s (platinum group metals).
Mr. McLean asked council to postpone any decisions stating that there is a need to establish and recognize their mining rights with cottagers and all land owners [including Land’escapes]. Mr. Collins stated they had not had discussions / permission with lands owners yet.
Mr. Leclerc stated that they [Land’escapes] were “blindsided” and were not aware that Transition Metals owned the mining rights to Ben’s lands.
It was requested by Deputy Grand Chief Marsden of First Nation. Transition Metals, and also requested and agreed by Mayor Carl Stefanski and Councilor Glenn Locke that decisions be deferred to a future meeting with Limerick Council, Ben Samann and Transition Metals to allow time to clarify matters in question and come to agreements.
Side note observation: I find if very interesting that Transition Metals has not mentioned in their monthly newsletters anything about explorations proceeding in Limerick Township for next year.
If Transition Metals has mineral rights to your property, they must notify you of their intent to explore/mine on your land in writing. They DO NOT need your permission.
Notice to Surface Rights Owner (SRO) of Intent to Submit an Exploration Plan & Notice to Surface Rights Owner (SRO) of Intent to Apply for an Exploration Permit
https://forms.mgcs.gov.on.ca/en/organization/ministry-of-northern-development-and-mines?
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https://www.canaryinstitute.ca/publications/Understanding_Mining_Rts.pdf
4.3 What notice is required before starting assessment work? The holder of a mining claim cannot perform assessment work without notifying the surface rights holder [s.78]. Notification is done by filling out a ‘Notice of Intention to Perform Work’ form and delivering the form to the surface rights holder. Assessment work will not be recorded by the ministry if proper notice was
not given. An exception is made in cases where it is not feasible to give proper notice to the owner of the surface rights or where the owner of the surface rights has given written consent to the assessment work.
4.4 Is consent from the surface rights owner required? If the holder of the mining claim has properly given notice, he is allowed to enter on the land and perform assessment work at any time immediately following the day the notice is given [s.78(2)]. Consent from the surface rights owner is not a requirement,
4.5 What other Acts apply to assessment work? Before carrying out any assessment work on a mining claim, the holder must obtain a written permit entitling the holder to perform work as provided, if applicable, by the Forest Fires Prevention Act or the Public Lands Act [s.37].
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If you are unsure whether you have the mining rights to your lands, contact the Provincial Recording Office. Lawyers typically only go back about 25 years for mineral rights, which means you may NOT have the mineral rights. The Recording Office goes back to when the land was first severed from the Crown.https://www.infogo.gov.on.ca/infogo/home.html#orgProfile/6061/en
Ontario Mining Act: https://www.ontario.ca/laws/statute/90m14/v42#BK51
For those new to Limerick and unfamiliar with mining exploration and surface owner rights:
The Ford government has changed the old ENDM (Energy Northern Development Mines) into Ministry of Mines.
They used to have a comprehensive website detailing all phases of explorations and property owners’ rights. From my search and from contacting the Ministry, most have been removed. Attached are some photos that were once on their site to give you an indication what early stage mining explorations looks like.
Monica Nikopoulos
LACC (Limerick Area Conservation Coalition)
Minestoppers.com
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Limerick Area Conservation Coalition 