Due to the value of the minerals and the resources needed for its operations, mining is a highly regulated industry in Canada. At the heart of this regulation is the mines and minerals act of every province, along with other laws that govern mining activities.
How is mining regulated in Canada?
Regulation of mining in Canada is the responsibility of both the federal government and the provincial and territorial governments. Each government has enacted its own statutes that govern certain aspects of the regulation of the mining industry. This is why each province and territory can decide how to regulate mining activities within their own jurisdiction, through their respective mines and minerals act.
Also, there can be overlapping of regulation when an entity engaged in mining is both covered by a federal law and a provincial or territorial statute.
The regulation of mining between the federal, provincial, and territorial governments can be summarized as follows:
- Exclusive jurisdiction of the provincial and territorial governments:
- exploration, extraction, development, conservation, and management of minerals found within the province or territory
- regulation of private property and land use engaged in mining
- Exclusive jurisdiction of the federal government:
- regulation of foreign investments on Canadian mining companies
- anti-competition in the mining industry
- Shared jurisdiction of the federal, provincial, and territorial governments:
- regulation of the impact of mining on the environment
- taxation of mining companies
While regulation of mining activities in the territories has been an exclusive power of the federal government, it has largely been delegated to the territorial governments.
Municipal laws related to mining exploration and other mining projects may also apply, in addition to these federal, provincial, and territorial statutes.
When in doubt, it’s best to consult with a lawyer who is knowledgeable about the regulations of the mining industry in Canada, such as a mining lawyer.
What are the mines and minerals acts in Canada?
Each province has enacted their own mines and minerals act to regulate mining operations and the companies engaged in mining.
Although the names may differ in every province, here are some examples of these provincial mines and minerals acts in Canada:
- Alberta: Mines and Minerals Act
- British Columbia: Mines Act
- Manitoba: The Mines and Minerals Act
- Ontario: Mining Act
- Québec: Mining Act
These mines and minerals acts are in addition to other laws regulating other parts of the mining industry in the province. For example, British Columbia also has its Mineral Tenure Act.
Overall, these laws form part of the provincial regulation of mining companies and their operations in that specific province.
These provincial mines and minerals acts are regularly amended to cope with the country’s booming mining industry. Watch this video about Ontario’s recent amendment of its Mining Act:
For more information about these updates to the Mining Act, consult one of the Lexpert-ranked best mining lawyers in Ontario.
How do the mines and minerals acts in Canada work?
The provincial mines and minerals acts in Canada outline:
- specific minerals governed by the Act
- regulation of mining claims, mineral leases, and their registration
- establishment of a regulatory body in some cases
- regulation of mining operations while respecting the rights of Aboriginals and Indigenous Peoples
These provincial mines and minerals acts vary from one province to another, so it’s best to consult with a mining lawyer.
Mines and minerals
Each mines and minerals act defines the specific minerals it regulates, which will be subject to its registration requirements and other procedures.
For example, under Section 2 of Alberta’s Mines and Minerals Act, regulated minerals include:
- gold
- silver
- uranium
- platinum
- precious stones
- copper
- iron
- tin
It does not include:
- sand and gravel
- clay and marl
- peat
Under the same provision, mines mean any opening, excavation, or any works of the surface or subsurface to recover, open, or prove any mineral or mineral‑bearing substance. It also includes works and machinery that are used for a similar purpose.
If the minerals or mining operations are not governed by any mines and minerals act, they may be governed by other provincial property or land laws.
Mining claims
One of the highlights of the provincial mines and minerals acts is the regulation of mining claims of those who want to do or continue their mining operations in the province.
Under Ontario’s Mining Act, it is mandatory for the following to enroll with Ontario’s Mining Lands Administration System (MLAS) to do business for mining purposes:
- claimholders
- lessees
- patent holders
- prospector licensees
This registration is necessary to purchase a prospector license, which is needed to register a mining claim, still with the MLAS. The process can be done online or electronically through the province’s official website.
Users of the MLAS can also do the following in the system:
- view mining claims that are active and unpatented
- register a new mining claim, or manage existing claims
- purchasing or renewal of a prospector’s license
Mineral leases
In most provinces, mining claims must be succeeded by a mining lease before any mining activities can be started.
The mining lease will allow its holder to extract the mineral from the specified leased land, subject to additional permits and annual rental payments.
The lease may also be renewed after its term, which will differ for every province. For instance, Part 7 of Manitoba’s The Mines and Minerals Act governs the issuance of mineral leases in the province. The Act says only the holder of a mineral lease can start production of minerals, except quarry minerals. This application must also be accompanied by a report of the work to be performed within the proposed leased area, among other requirements.
Who regulates the mining industry in Canada?
There are numerous regulatory bodies that administer the different laws, from the federal level to the provincial level, such as the mines and minerals acts of the provinces.
Some of the provincial mines and minerals acts in Canada have also established or continued the existence of a tribunal to resolve disputes regarding mining operations. For example, the main regulatory body of British Columbia for the mining industry is the Ministry of Energy, Mines and Low Carbon Innovation.
The importance of mines and minerals acts
Understanding the rules around mining in Canada is crucial - it’s a major industry with many rules to follow. The heart of these rules is the mines and minerals act found in every province and territory, along with other important laws. As the mining sector evolves, so do the laws, making sure Canada's mining stays responsible and up to date.
Learn more about the mines and minerals acts of Canada’s provinces and territories by hiring the best mining lawyers in Canada as ranked by Lexpert.
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