OMLT 2019

The applicant sought location approval for a proposed dam and hydroelectric facility under the Lakes and Rivers Improvement Act.

The Ministry of Natural Resources and Forestry issued a Notice of Intention to Refuse Location Approval, citing uncertainty regarding areas to be flooded and insufficient hydrological data.

The applicant requested an inquiry.

The Inquiry Officers found that the applicant's hydraulic modelling was reliable and sufficient to predict that water level changes would remain within natural fluctuations, resulting in negligible biological impacts.

The Inquiry Officers also found the applicant's Aboriginal consultation efforts to be adequate.

Concluding that the intended refusal was not fair, sound, or reasonably necessary to achieve the purposes of the Act, the Inquiry Officers recommended that the Minister approve the location of the proposed dam subject to conditions.

Goldcorp applied under section 175(1) of the Mining Act for a grant of surface rights over lands required to redevelop the Dome Underground and Open Pit mines.

Goldcorp owned the underlying mining rights but not the surface rights, which were held by various co-owners, many of whom were deceased or unlocatable.

After providing notice as ordered by the Tribunal, Goldcorp acquired the interests of the known and locatable heirs.

The Tribunal found that the surface rights were essential for the proper working of the mine and granted an order vesting the requested surface rights in Goldcorp.