Ag Group Calls Foul On Mineral Rights Bill About to Become Law

It’s too late to stop a bill that could allow mining companies access to farmland without asking permission from owners. But an advocacy group representing New Brunswick’s farmers is ringing the alarm over what it considers an egregious lack of consultation from the province.

In a statement released March 7, the National Farmers Union in New Brunswick, the Agricultural of Alliance of New Brunswick, and Really Local Harvest–under the umbrella of Agriculture NB–expressed dismay that the first time they heard about Bill 75 was after its second reading, and from a journalist, when Huddle first contacted them about it.

“There’s, unfortunately, nothing we can do to stop the bill from being read for the third time so our goal right now is to raise member and public awareness to the fact that this is happening,” the National Farmers Union in New Brunswick’s executive director, Suzanne Fournier, said in a phone call.

Bill 75 includes an amendment to the Mining Act that would allow prospectors to enter private or farmland without permission.

“The frustration is absolutely there. There’s an apparent lack of due process. There’s a way these things are supposed to go through different departments and levels of government and along the line there has been a failure,” said Fournier.

To raise awareness, the union is circulating an open letter for communities, organizations, and groups impacted by the bill to reach out and express their disapproval.

“It will ask the premier and MLAs for consultation bringing awareness to the fact that no one was consulted about this and it will significantly affect our farmers and members,” she said.

Bill 75, if passed, will allow access without permission for prospectors using hand tools or taking samples equivalent of up to two kilograms or two litres, and will only require landowner permission if the prospector wants to use heavy equipment.

RELATED: Proposed Law Could Let Mining Companies On N.B. Farms Without Owners’ Permission

Fournier stressed that there are numerous negative impacts a ratified Bill 75 could have on farmers’ livelihoods. She said that by simply driving around on land that doesn’t look like cultivated land–like a wild blueberry crop–prospectors could cause significant damage and loss of income.

She noted the act also doesn’t specify a time of day or season prospectors may enter private or farmland, or stipulate a limit to the number of samples taken from an area.

“New Brunswick doesn’t require farmers to post when they spray pesticide on their fields. Farmers have raised concerns that prospectors might be endangering themselves by not being aware of some of the agricultural practices that happen,” she said.

“It could also be leaving a gate open, which would allow other people trespass or livestock to escape. The implications are endless for having strangers or people unfamiliar with agricultural land on agricultural land.”

Fournier said the union consulted farmers and First Nations after finding out about the bill and none were notified about the bill.

“All we can do is ask for consultations now and point out the fact that no one was consulted before it went through,” said Fournier.

Agriculture NB also sent a letter to the Department of Energy and Resource Development, received a brief response and asked for a follow-up to clarify some matters.

In February, Green Party Leader David Coon–who debated and voted against the bill in committee–cautioned that the bill could open the door for prospecting without owner permission, giving prospectors a level of access that no one else looking to enter private land for any other purpose is entitled to.

Previously, the Department of Natural Resources and Energy Development asserted that prospectors would avoid cultivated land on account of pesticides and chemicals in the soil. However, the union contended that many New Brunswick farmers have seen the opposite and have regularly dealt with stakes and prospectors – particularly in Charlotte County.

Legislative Hurdle

Bill 75 is poised to pass at the end of the month, says Green party legislative assistant Josh O’Donnell.

The usual process is for the bill to be reported back to legislature by the committee for the next day legislature sits, which is March 23.

“The third reading can happen at any day after that–the earliest is March 25. This is a decision of the government,” wrote O’Donnell.

“The legislature also does sit on March 22 and 24 but those dates are traditionally used for the government’s budget speech and the official opposition’s response with no other business.”

Sam Macdonald is a reporter with Huddle, an Acadia Broadcasting content partner.