Mineral Exploration

Photograph : Government of British Columbia W I N T E R 2 0 1 5 73 I n British Columbia, resource roads are currently administered under several different pieces of legis- lation by several different gov- ernment organizations, including the Ministry of Forests, Lands and Natural Resource Operations; the Ministry of Transportation and Infrastructure; the Ministry of Energy and Mines; and the BC Oil and Gas Commission. The existing legislation provides for different tenures; levels of enforcement; approval processes; and standards for construction, maintenance and deacti- vation. Some legislation is results-based, some requires approval of prescriptive plans and some contains no regulatory standards at all. As resource develop- ment activity and road construction costs have increased, so have the problems associated with the current regulatory frameworks. To address this issue, the B.C. gov- ernment is currently developing the Natural Resource Road Act ( NRRA), which will: ■ regulate construction, maintenance, deactivation and use of resource roads; ■ harmonize resource road management and administrative processes; and ■ enhance resource road safety by estab- lishing consistent rules for all road users and creating consistent con- struction, maintenance and deactiva- tion requirements. What it will do The road permitting process will be consistent and efficient across agencies. All regulated users with vehicles greater than 11,794 kilograms will be required to contribute to road maintenance costs. Consistent road-use rules will improve user safety, while aligned and effective deactivation rules will standardize the process across industrial sectors and the land base. In addition, there will be improved opportunities to inform road deactivation decisions and keep low-hazard roads open. What it won't do The NRRA will not obligate small busi- nesses to maintain resource roads for other users, and it will not privatize resource roads. Industrial road users will not be forced to subsidize a competitor – although they will be obligated to con- tribute their fair share toward road main- tenance. Land-use decisions will remain within their existing frameworks. While the NRRA will look at opportunities for registered users to take over maintenance of resource roads to a level commensurate with their use, it is not the intent of the NRRA to keep all resource roads open at the risk of weakening environmental standards or risking road user safety. NRRA and the mining sector Here's what we've heard from the mining sector through our engagement process: Q: Ongoing and unfettered access to claims and mines is critical to our industry. Will that change? A: No. The government will continue to develop the NRRA with an open roads concept in mind. Q: Is the NRR A a way for industry, by decommissioning roads, to address legally defined liability issues at the expense of pub- lic access? A: No. The 2012 Occupiers Liability Act explicitly limits the liability of the main- tainer of a resource road. All others use the road at their own risk, as long as the maintainer has not intentionally created a danger for others or acted in reckless disregard for the safety of others. This is an important component for any government, business or user group con- sidering taking over resource road main- tenance. Under the NRRA, resource roads will be maintained and deactivated to a level commensurate with use while abiding by these principles. Q: There is a feeling that the "liability and safety versus public access" equation isn't being balanced. Is the Province looking for other ways to ensure that liability issues are dealt with, so that roads can remain open even if the size or quality of the road is downgraded to a minimum level? A: While some roads will be closed once industrial activities and maintenance are complete – due to the risk to either the environment or the safety of resource road users – not all roads will need to be permanently deactivated. Our proposed electronic road management system will notify other registered users that a par- ticular road will be deactivated at least 90 days prior to that work. User groups can express their interest in taking over maintenance activity at a level com- mensurate with their own needs (i.e., a minimized level of access), and the exit- ing maintainers can deactivate to a lower level. Some low-hazard roads may be left open without a maintainer, at the discre- tion of the statutory decision-maker, if it is determined that ongoing access is preferred and potential liability issues are managed. Next steps The B.C. government will continue to engage AME BC representatives to pro- vide opportunities for review, comment and valuable feedback during policy development. ■ Lyle Knight is the manager of resource roads for the B.C. Ministry of Forests, Lands and Natural Resource Operations. Natural Resource Road Act Road Act PROPOSED LEGISLATION AIMS FOR CONSISTENCY ACROSS SECTORS By LyLe Knight

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