Proposed Law Could Let Mining Companies On N.B. Farms Without Owners’ Permission
CHARLOTTE COUNTY– New Brunswick Green Party Leader David Coon is warning that an amendment to a land-use law could open the door for mining companies to prospect on agricultural land without owners’ permission.
The bill is about to enter its third reading in the provincial legislature. Coon says if it passes it will remove the requirement for mining companies to ask landowners for permission to explore on agricultural land.
He told Huddle that, at the moment, anyone wanting to enter private land for mining exploration or any other activity is required by law to seek permission from the owner if the activity will cause damage or interfere with enjoyment of the land.
“In rural New Brunswick, you can decide whether or not you want someone to hunt on your land or someone to look for spruce tips for wreaths,” Coon explains.
“You would have the ability to say yes or no to someone wanting to prospect on your land.”
But if things go the way he’s expecting to, that will change.
Earlier this month, CBC reported that John Detorakis, a farmer and mayor of St. George, N.B., went to the provincial mining commissioner to object to a mineral rights claim made on his land by Montreal-based Brunswick Exploration Inc.
Detorakis successfully argued in court that prospecting or mining activity by Brunswick Exploration would interfere with his enjoyment of the land, and cause damages, because his property was considered cultivated land.
“The government brought in a bill spurred by the success of Mr. Detorakis to essentially create a precedent. The people in rural New Brunswick felt buoyed by that,” said Coon.
Then, another bill – Bill 75 – was brought to legislature, one that would undo the precedent Detorakis set. It proposes that if prospecting wouldn’t cause damages mining companies shouldn’t have to ask for landowner permission to enter their land.
Coon said the amendment has gone through second reading and was debated in committee – where he voted against it.
He said the amendment is expected to go to third reading before the legislature this spring. There, he expects it to pass, on account of the majority government in favor of it.
“What rankles is that for all other activities, there’s a requirement to seek landowner permission. But if this bill passes, prospecting will be formally exempted from that requirement,” he said.
“No one just likes people showing up on their land without asking.”
Department of Natural Resources and Energy Development spokesperson Nick Brown said sampling on cultivated land is not beneficial to, or a common practice by, prospectors or companies.
Brown noted this is the case because the mineralization of cultivated lands, is “in most cases, altered by chemicals from pesticide and fertilizers and the soil has likely been altered or turned (I.E. not in its original location).”
Brown said the purpose of Bill 75 is to clarify what types of activities are going on, on agricultural land “and [put] in place strict limitations so that both landowners and prospectors know what to expect.”
Coon said the Mining Act already allows the government to expropriate land for mining companies, if agreements can’t be made between landowners and companies wanting to explore for gold on their land.
Property rights don’t extend down to the minerals below the land. According to New Brunswick’s Mining Act, most minerals under the ground are the property of the Crown, with some exceptions, like when minerals are granted with the land.
The Mining Act also allows the province to make those Crown-owned minerals available for exploration and development to prospectors – who are liable for any damage they cause.
Agricultural Concerns
Concerns over mining interests and the new bill are strongest in Charlotte County area, where Brunswick Exploration and Toronto-based Galway Metals are staking claims, looking for gold.
Huddle reached out to Brunswick Exploration and Galway Metals and received no response from either company before publication.
While no Charlotte County farmers were available to comment on the bill before publication deadline, Coon, a resident of Charlotte County himself for almost two decades, whose own land has been staked for gold prospecting, said the search for gold there has been a longstanding effort.
“This completely took us by surprise so we are concerned with communication from the government on these kinds of changes that could affect farmers,” said Suzanne Fournier, executive director of the National Farmers Union in New Brunswick.
“The government usually gives us some advance notice on any kind of amendment that affects farm or farmlands. We were not aware this was coming down the line,” she said.
Fournier said the union, which represents about 200 farmers, plans to ask the government for more information, provide feedback – and lobby for the act not to pass third reading.
“There are certain types of testing under the amendments that they could perform that would still be invasive to a farm, and I’m not sure how large the scale is that we’re talking about or what would be allowed under the amendment.”
Sam Macdonald is a Huddle reporter in Moncton. Send him your feedback and story ideas: [email protected].