First Nations chiefs in Ontario are opposing proposed provincial plans to let mining companies take water without permits, warning of serious environmental and community harm.

Ontario Regional Chief Abram Benedict told Canada’s National Observer that the removal of water permits violates treaty rights, including the right to free, prior and informed consent on matters that affect those rights.

Removal of the permit requirements “entirely overlooks the cultural value that water has for First Nations to undertake ceremony, and will undoubtedly impact traditional practices and responsibilities, such as hunting, fishing and being stewards of the land,” he said.

The province’s First Nations chiefs have asked the Ford government to withdraw the proposed changes and consult with them before any new rules are implemented, Benedict said.

Earlier this month, the Ford government suggested changes that would allow hundreds of mineral exploration companies to take water for early-stage work without a permit.

The province says the changes to the Water Resources Act, which would affect lakes, ponds and permanent streams, are intended to “accelerate critical mineral development in Ontario, boost the economy and support job creation,” while reducing redundant requirements for the mining industry.

Provincial regulations define early-stage mineral exploration as the first step in mining, when companies search for potential mineral deposits and assess whether a site could eventually be developed into a mine. It does not include later stages, such as mine construction or mineral extraction.

“These protections are in place for a reason," said Anishinabek Nation Grand Council Chief Linda Debassige in a statement. “We’ve seen how extractive industries can devastate the areas they work in and push an ecosystem to its breaking point.”

Ontario is one of the country’s most active mineral exploration regions, with 530 active exploration projects involving 244 companies and drillers completing 2.2 million metres of core drilling to locate and evaluate mineral deposits.

First Nations are not opposed to development but stressed “any development that occurs must be done in a way that protects our lands and waters and recognizes and respects our inherent and treaty rights,” Benedict said.

The permit process is a key trigger point when companies must consult with Indigenous communities before work begins. Without permits, Benedict warned, companies could move ahead in ways that risk harming water quality and the environment. Indigenous knowledge plays a critical role in protecting water, species and ecosystems that are not always captured by technical studies, he added.

“These protections are in place for a reason," said Anishinabek Nation Grand Council Chief Linda Debassige in a statement. “We’ve seen how extractive industries can devastate the areas they work in and push an ecosystem to its breaking point.”

If this proposal passes, it will remove a key form of accountability and security, not just for First Nations but for everyone in this province, she added.

A study conducted by a coalition of environmental groups found early-stage mineral exploration can affect water, especially when many projects take place in the same region. Impacts can become significant when exploration activity is widespread. Land-clearing and test work can remove vegetation, disturb wetlands and riverbeds, cause erosion and increase sediment in nearby streams.

According to Natural Resources Canada, in 2023, there were 2,580 mineral exploration projects in Canada, with companies spending $2.9 billion, including $660.8 million in Ontario.

Despite strong public opposition, the Ford government has already made changes to Ontario’s long-standing water-use rules that allow companies to renew or take over water-taking permits more easily. Companies can also assume permits that were previously cancelled, revoked or expired.

The auditor general has also raised concerns about earlier changes to the government’s water-taking rules, noting it has not clearly explained how it assesses the risks and potential environmental impacts.

Experts say the large number of companies drawing water for these activities could create cumulative impacts across the province and warn those impacts should not be ignored.

Ontario does not maintain a public record of how many companies hold water-taking permits, how many new or transfer applications are in process, or how much water is withdrawn each day.

Drilling also carries risks, such as groundwater contamination from fuel or drilling fluids, drawing water from rivers or wetlands for drilling and, in some cases, creating pathways that connect surface and groundwater.

Experts warn without strict oversight, mining can drain rivers and aquifers, increase water pollution and harm ecosystems.

Canada’s National Observer reached out to the Ontario Ministry of the Environment for comment, including whether it has received a formal request from Chiefs of Ontario, but did not receive a response in time for publication.