Ore-derly Conduct: Bill 63's Amendments to the Mining Act and Other Provisions

June 07, 2024

Written By Yannick Beaudoin, Jean Tessier, Andrew Disipio and Chloe Cho

Bill 63, introduced by Minister Maïté Blanchette Vézina of Natural Resources and Forestry, proposes significant changes to Quebec's Mining Act. These changes aim to modernize mining legislation in line with current environmental concerns, the rights of Indigenous communities and land protection. Here is a detailed overview of the amendments proposed by this bill and their implications for the Quebec mining sector.

Key Amendments

1. Terminology and Rights Granting

One notable change in the bill is the revision of terminology and procedures related to the granting of mining rights. The term "claim" will be replaced by "exclusive exploration right." This linguistic modification is accompanied by changes in the granting of this right and its exercise conditions. The costs of work required for the renewal of exclusive exploration rights will also be revised, which could impact investments in the mining sector.

2. Agreements with Indigenous Communities

The bill proposes that the government may enter into agreements with Indigenous communities to reserve certain lands for the province or to exempt them from mining prospecting, exploration and exploitation. This measure aims to respect the rights of Indigenous communities and promote collaborative management of natural resources. These agreements could also help better protect sacred sites and areas of cultural or environmental importance to Indigenous communities.

3. Enhanced Ministerial Powers

The bill confers enhanced powers to the minister responsible for natural resources. The minister will be able to impose conditions and obligations on mining rights holders to reconcile various land uses and protect the environment. For example, the minister could require the removal or relocation of extracted goods or minerals and restrict access to mining roads for safety reasons. These new prerogatives will enable the minister to better regulate mining activities and reduce negative impacts on the land and local communities.

4. Mining Leases and Reclamation

The bill introduces new obligations for holders of mining leases. Henceforth, an exploitation lease will be required for minerals and collectible crystals, as well as a specific lease for mining residue exploitation. Furthermore, mining rights will be harmonized with environmental authorizations, simplifying administrative procedures and ensuring better consistency among different regulations.

Reclamation and restoration obligations for mining sites will also be strengthened. Mining rights holders will be required to implement post-restoration monitoring and maintenance measures to ensure the sustainability of developments and minimize long-term environmental risks. These provisions aim to ensure that mining sites are rehabilitated adequately and that environmental impacts are minimized.

5. Environmental Protection

Bill 63 places emphasis on environmental protection by subjecting all new mining projects to environmental impact assessment (EIA) procedures. This measure will enable better evaluation of environmental risks associated with mining projects and the implementation of appropriate mitigation measures. Additionally, the bill introduces compensatory measures for environmental harm caused by mining activities, incentivizing companies to adopt more responsible practices.

6. Exclusions and Reservations

The bill also proposes to exempt certain lands from private domain and urbanization perimeters from mining prospecting, exploration, and exploitation. These exclusions aim to protect residential areas and lands of high ecological value. Furthermore, the minister may reserve lands for the province or temporarily suspend mining rights under certain circumstances, allowing for better management of land use conflicts.

Excavated Insights

In this section, we will delve into the legal ramifications of Bill 63 on Quebec's mining landscape.

Bill 63 represents a major reform of mining regulation in Quebec. By emphasizing environmental protection, Indigenous community rights, and sustainable resource management, this bill aims to modernize the legislative framework and promote responsible mining development. The new provisions will enable better management of mineral resources while ensuring reconciliation of land uses and protecting fragile ecosystems.

From linguistic shifts and enhanced Indigenous community agreements to the empowerment of ministerial authorities and environmental safeguards, the proposed amendments signal a significant evolution in the province's mining legislation.

• Linguistic Shifts: The replacement of "claim" with "exclusive exploration right" entails procedural changes and cost revisions, impacting the granting and exercise conditions of mining rights.
• Indigenous Community Agreements: The bill enables government agreements to reserve lands or exempt them from mining activities, respecting Indigenous rights and promoting collaborative management of natural resources.
• Empowered Ministerial Authorities: Ministerial authorities are empowered to impose conditions on mining rights holders, reconciling land use and environmental protection, ensuring better regulation of mining activities.
• Environmental Safeguards: Mandating environmental impact assessments for all new mining projects, with compensatory measures for environmental harm, aims to evaluate and mitigate environmental risks associated with mining activities.
• Exclusions and Reservations: Certain lands are exempted from mining activities, and the minister is empowered to reserve lands for provincial use or suspend mining rights, facilitating better management of land use conflicts.

These changes aim to modernize the regulatory framework, uphold Indigenous rights, and prioritize environmental protection while fostering responsible mining practices. For a comprehensive understanding of Bill 63's implications, it is recommended to consult the full text available on the Official Publisher of Quebec's website.

We will continue to monitor Bill 63, as if enacted, it will introduce cumbersome new requirements on exploration activities in the province.

For more information or for any questions, please reach out to the Bennett Jones Mining group.

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