Energy, Mines, and Resources

Newspaper Articles on New Placer Regime

Cooperative Approach Results in New Placer Regime Framework: A complex set of negotiations promises a win-win deal
By Elaine Schiman
Published in the Yukon News, May 25, 2005

The committees working to create a new regulatory regime for placer mining in the Yukon say significant progress has been achieved. And they are pleased that their framework proposal has been accepted by the Council of Yukon First Nations, federal Minister of Fisheries and Oceans, and the Yukon government.

Currently, the Yukon Placer Authorization (YPA) sets out how placer mining will be regulated in the Yukon. It will be phased out when the new regime is ready.

“The story of the placer authorization reaches back about twenty years,” says Jesse Duke, who sits on the Yukon Placer Implementation Steering Committee, along with Minister Archie Lang, on behalf of the Yukon government. “That’s when the placer industry asked the federal government for clear rules under which miners could operate.”

A regulatory regime was subsequently set up, followed by various changes over the years. The development of this new regime was triggered by a number of things.

The settlement of land claims has introduced First Nations governments as partners in resource management,” says Duke. “That will be one of the important aspects of the new regime. As well, devolution had to be taken into account. The challenge has been to find a mechanism to manage the placer industry in a way that allows all governments to carry out their responsibilities.”

After the Minister of Fisheries and Oceans announced the phase-out of the current authorization in 2002, the Yukon Placer Implementation Steering Committee and Working Committee were formed. The Committees included representatives from the Yukon government, Department of Fisheries and Oceans, and Council of Yukon First Nations. The Klondike Placer Miners’ Association also participated in the process. The mandate of the Committees was to work collaboratively to create a new regime that would recognize the importance of a sustainable placer industry and the importance of conservation and protection of fish and fish habitat. It was to be ready for implementation by 2007.

The Committees appear to be on track to meet that date. A report describing the proposed regime has been accepted by the key parties involved in the negotiations.

“The amount of progress achieved so far is tremendous,” says Robert Thomson, an Area Manager at Client Services and Inspections for the Yukon government, and a member of the Working Committee. “However, a large amount of work still remains to be done to flesh out the framework so that the regime can become operational. Public consultation will be a major component of that work.”

Thomson, along with others on the Committees, says one of the greatest accomplishments of the negotiations is the good working relationship that evolved amongst all the groups involved. Enough time was taken so that all parties gained a good understanding of each others’ interests in terms of mining and fish habitat.

“All of the discussions were productive and without rancour,” says Thomson. “People sat down at the table in good faith and they kept their commitments. I think that excellent working relationship bodes well for the future.”

The work on the new regime was done under the federal “Smart Regulation” initiative, which has the goal of modernizing regulatory systems to better serve Canadians. As part of that initiative, the Department of Fisheries and Oceans (DFO) developed a risk management framework to streamline and modernize the regulatory aspects of habitat management.

“This new regime is one of the first few pilot projects where the new risk management framework has been applied,” says Bonnie Antcliffe, the Manager of the Habitat Management Division of the Oceans, Habitat and Enhancement Branch of DFO. “The framework identifies the level of risk to fish and fish habitat, and focuses resources on those habitats at greatest risk. So it puts us at the leading edge of efforts to deliver regulatory responsibilities in a more efficient and effective way.”

Antcliffe says her department is very happy with the regime framework that’s been developed.

“We have completed a framework that is based on clear and pre-determined decision-making rules. It will bring certainty to miners about what requirements will be made of them.”

The approach taken during the development of the new regulatory regime was based on new scientific findings that came out of field studies done from 2002 through 2004.

“There was a need to consider fish habitat on a broader basis than just the presence or absence of fish,” says Don Toews, the Chief of Fisheries for the Yukon government and a member of the Working Committee. “We needed to manage for aquatic health at a broader watershed level. We realized that we needed more data from both mined and unmined streams. So over those three years, we looked at fish and habitat impacts and recovery, as well as other aquatic health indicators.”

What the field studies showed was encouraging for the Committees. “We found that even the most heavily-mined streams had values for fish,” says Toews. “We also found significant indications of recovery of fish communities and habitat in streams where mining had ceased. This was consistent with compliance monitoring data which also indicated that the industry had made significant strides in improving sediment settling ponds and practices over the past decade. These findings helped bring us to a middle ground, where we could find agreement on the best approach to take. It evolved into a watershed health approach to setting sediment discharge standards.”

The emphasis on good science is one that appeals to Tara Christie, the Executive Director of the Klondike Placer Miners’ Association and a member of both the Implementation and Working Committees.

“The new studies helped us understand what is actually happening in the field,” says Christie. “Our challenge then was to find ways to integrate the new science and the years of industry experience into a new regime that will have efficiencies for governments, and is clear and understandable to industry. This process has been rewarding because we were able to find common ground and creative new solutions that we think can work for all parties.”

“Another key element of the new regime is the built-in adaptive management process,” adds Christie. “It will allow decision-makers to adjust the requirements, depending on what is happening on the ground. By field-checking assumptions, regulators can make sure they’re actually achieving results.”

Now that the framework of the regime has been endorsed by all three levels of government, a new stage of the work will begin. Consultations will be carried out with First Nations, advisory boards and councils, conservation groups, placer miners, communities, stakeholders and the public. The fine details of the regime will be developed over the coming months, with implementation targeted for 2007.

By Elaine Schiman
Published in the Yukon News, June 3, 2005

The announcement of a new placer regime framework on May 20th in Dawson City has the potential to be a watershed moment for the territory. It was the culmination of two years of effort, and those involved hope it signals the beginning of a new more successful era of placer regulation. The term “watershed” also has a broader significance, because the regime is based on a “watershed-focused approach” to regulation.


The framework was designed and endorsed by the Council of Yukon First Nations (CYFN), Yukon Government and Fisheries and Oceans, with assistance from the Klondike Placer Miners’ Association.

“The framework is the result of extensive collaboration and negotiations,” says Yukon Energy, Mines and Resources Minister Archie Lang. “It required the give and take of all parties and strikes a balance between protecting fish and having a sustainable placer industry.”

An upcoming period of consultation with Yukoners will flesh out the regime’s details, but for now the framework sets out guiding principles, key components and an implementation process.

“Meaningful consultations will occur with Yukon First Nations and others on the regime framework,” says Gail Barnaby, who sits on the Yukon Placer Implementation Steering Committee on behalf of CYFN. “The framework needed to be developed first, prior to approaching individual First Nations and other Yukoners.”

A watershed focus

“Our starting point was how to maintain healthy watersheds, or drainage basins,” says Jesse Duke, who sits on the Placer Implementation Steering Committee along with Minister Lang. “We came up with watersheds as a management unit, a way to sub-divide the Yukon based on geography, geology, ecology and socio-economic factors.”

The new regime will not focus on specific streams or sites, but is designed to maintain aquatic health of the territory’s 19 watersheds.

“We wanted to develop a regime which reflects the differences in ecological and fish habitat sensitivities and fisheries values,” says Don Toews, the Yukon’s chief of fisheries and a member of the Implementation Working Committee. “And to find approaches that are most effective in each region. The new regime will recognize that certain watersheds and areas are more sensitive and important for fish than others, certain watersheds and areas are more important for the mining industry, and certain watersheds and areas are very important for both. The latter group is where the greatest risks and challenges lie, and where monitoring and management efforts will be focused.”

Watershed level authorizations

Under the Fisheries Act, an authorization must be issued by Fisheries and Oceans for the “harmful alteration, disruption or destruction” of fish habitat that can occur during placer mining.

The current Yukon Placer Authorization, which will be phased out when the new regime is ready in 2007, provides a single class authorization for all streams and all placer mining activities.

“The old regime was streamlined because it saved placer miners from having to apply individually for authorizations in all cases,” says Bonnie Antcliffe, manager of the habitat management division of the oceans, habitat and enhancement branch of Fisheries and Oceans. “The new regime will take a middle of the road approach between these two extremes. Authorizations will be issued for each watershed, with specific pre-set water quality objectives, discharge standards and regulatory requirements. These will apply to all placer miners operating in that watershed.”

Each authorization will be tailored to the biological health of the watershed, as well as the importance and sensitivity of the fish habitat. If a placer miner meets these standards, then the miner can operate under that watershed authorization. If a placer miner can’t meet the standards, a site-specific authorization will be required. “However, the pre-determined regulatory requirements should reduce the need for these,” says Antcliffe.

Science-based standards using traditional and local knowledge

The regime’s standards and performance targets are to be developed using a combination of science, and local and traditional knowledge. These will be reviewed and modified to accommodate new understandings, and scientific and technological advances.

“Traditional and local knowledge will be incorporated into the regime,” says Duke. “During implementation, processes will be built to ensure the expertise and perspectives from the communities are reflected in good management decisions.”

“Yukon First Nations will be asked to provide traditional knowledge on the watersheds within their traditional territories,” says Barnaby. “This knowledge will feed into the development of watershed authorizations and assessments conducted under the Yukon Environmental and Socio-economic Assessment Act.”

Adaptive management

“One of best things about this framework is that it’s designed to monitor itself,” says Robert Thomson, an area manager with Client Services and Inspections for the Department of Energy, Mines and Resources, and a member of the Implementation Working Committee. “This adaptive management model means that mechanisms will be built in to monitor the regime’s effectiveness at maintaining watershed health and at allowing placer miners to operate economically. Changes can be made as problems are found, or if new information is available.”

Yukon officials will be the delegated authority for the compliance monitoring and enforcement.

“A key improvement of this new regime is the built-in effectiveness monitoring,” says Antcliffe. “It will help ensure that correct measures are being used to protect fish and fish habitat. The monitoring program will also help reduce uncertainty regarding the effects of placer mining. It will show if there are any impacts, and if so, what they are.”

Risk-based approach

The new regime is modeled on a national risk management framework developed by Fisheries and Oceans.

In the Yukon context, that means the regime will look at habitat sensitivity and the type of placer activity proposed, and will then determine the impacts of the operations and assess the risks.

“The regime sets out a Pathway of Effects that describes placer mining activities and their effects,” says Thomson. “It links these activities to mitigative measures designed to avoid the effects. This standardization should work to protect fish and fish habitat, and provide more certainty for industry.”

Certainty is what placer miners are looking for, says Tara Christie, the executive director of the Klondike Placer Miners’ Association (KPMA) and a member of both the Implementation and Working Committees. “Certainty is important for miners and their families to make investment decisions and plan for the future. That’s why we support this framework and this new approach. It may not be everything the KPMA would have liked but it satisfies the greatest number of needs of the parties charged with developing a solution.”