Canada: Quebec Tables Bill 43 Amending The Mining Act

Last Updated: June 11 2013
Article by Guy Paul Allard

On May 29, 2013, the Quebec Minister of Natural Resources tabled Bill 43 containing proposed amendments to the Mining Act ("Bill 43").

The government is using Bill 43 to introduce new concepts into Quebec's mining regime. Bill 43 brings substantial changes to the rules governing the receipt and renewal of claims and mining leases. It also changes the obligations of holders of claims and mining leases with respect to the rehabilitation and restoration of mining sites while increasing the powers of the Minister of Natural Resources.  

Bill 43 draws upon several elements that were proposed in Bill 14 of May 12 2011 ("Bill 14"), notably:

  • The obligation of mining claims owners to disclose their intentions to the municipalities and to the owners of the site as well as to produce an annual operations plan;
  • The increase of the Minister's power to enable her to act in the public interest by refusing to grant or to renew a lease for the surface mining of mineral substances or by terminating such a lease;
  • The reiteration of the Minister's obligation to specifically consult Aboriginal communities; and
  • The increase of the financial guarantee that must be provided with respect to the rehabilitation and the restoration of a mining site. 

Bill 14 was analyzed in our Bulletin of May 26 2011.

Although Bill 43 draws upon measures that were previously contained in Bill 14, it proposes other important amendments to the Mining Act.

Administrative Measures

Certificate of Authorization: From now on, the certificate of authorization provided for in the Environmental Quality Act, must be obtained before a mining lease can be granted. In addition, the mining site rehabilitation and restoration plan will have to be approved and registered in the public register of real and immovable mining rights.

Feasibility Study: In addition to the certificate of authorization, a feasibility study of the project and of the mineral processing must accompany any request for renewal of a lease.
Follow-Up Committee: Within 30 days of receiving a lease, the tenant will be under obligation to constitute an economic spinoff monitoring and maximization committee. The committee will monitor the works stemming from the mining lease so as to maximize employment, contracts and other economic benefits for the local communities. The committee will remain active until the prior-approved rehabilitation and restoration work has been completed.

Environmental Assessment and Public Consultation: the construction and operation of a mineral processing plant are now subject, regardless of the product and the project's capacity, to an environmental assessment. In addition, after requesting a lease, the petitioner must submit to a public consultation hearing in the area concerned. This hearing will be conducted by the Bureau d'audience publiques sur l'environement and the Minister may make the lease contingent on conditions she deems necessary to avoid any conflict raised during the public hearing.

Subject to the Mining Tax Act: In order to renew a mining lease, the tenant will have be in conformity with the provisions of the Mining Tax Act especially as they pertain to the payment of royalties to the government.

Communication Measures

Notice to the Municipality: The holder of a claim must inform the municipality and the owner of the property within 60 days following the registration of the claim. In addition, it must inform the municipality of the work that it wishes to undertake 90 days prior to their start date. The claim holder must also submit annual reports of the work that has been executed, as described above, to the relevant municipalities.

Exploration Reports: Claims holders will have to submit, on the anniversary of the day their claim was granted, a report to the Minister concerning all the exploration work conducted during the preceding year. They will also, when filing a staking or map designation notice, attach a plan of the work to be undertaken in the coming year. In addition the lifespan of the work credits will be limited to 12 years.

Uranium Discovery or Prospecting: If the Bill is passed it will impose new obligations with respect to uranium prospecting and discovery. A claim holder will have to inform the Minister of any discovery of a mineral substance containing 0.05% or more uranium within 60 days of such discovery. In this case it will have to conform to any additional security measure that the Minister may impose. All prospecting for minerals containing uranium, must be authorized by the Minister and a hydrogeological study will have to be submitted to the Minister prior to a request for authorization.

Information to be Provided: From now on holders of mining rights will have to provide more information regarding processing. On the anniversary of the date on which the lease or the mining concession was granted, they will have to submit a report indicating the quantity and the value of the minerals extracted during the year. They will also have to forward to the Minister any agreement entered into with a community. The Minister will make this information available to the public.
Community Measures

Powers of the Municipality: The Bill empowers municipalities to designate areas that they deem to be incompatible with mining activity or determine the conditions to which these activities will be subject. Incompatible territories are defined as those that would be compromised by the effects of the mining activity.

Expropriation: From now on, expropriation rights will be reserved to the holders of mining rights that wish to proceed to the mining stage. In any other case they must obtain written authorization to obtain access to a lot or acquire it piece by piece. However, when it intends to acquire a residential building, a holder of mining rights must provide financial support to the owner up to an amount of 10% of the building's market value. In no event can the holder of a mining right relocate or destroy the building before receiving a mining lease.
Auction: The Minister will now have the option to reserve certain claims for public auction. The Minister will establish mineralization indices and the targeted areas for this public auction so as to establish anti-collusion mechanisms.

Financial Guarantee: The financial guarantees that accompany the rehabilitation and restoration plan contained in Bill 14 have been revived. On this topic we refer you to the article published on February 21 2013 entitled: " Quebec tightens rules on financial guarantee requirements for rehabilitation and restoration plans" on Dentons Canada's "Securities Mining Blog".


In brief, Bill 43 not only draws upon many amendments previously tabled in Bill 14 but introduces new, more stringent ones notably with respect to the holder of mining claims and the granting of greater powers to municipalities and citizens to express their opinions on mining projects. That said, it is still in bill form with a projected adoption for the fall of 2013. It should be emphasized as well that since 2012 two bills amending the Mining Act have been tabled but have never been passed by the National Assembly. Once again, opposition members, industry experts and other stakeholders are at odds with respect to several amendments contained in Bill 43. We will follow the evolution of this Bill over the coming months.

Click here to download the French version

Click here to download the French version of the Bulletin of May 26, 2011 

About Dentons

Dentons is a global firm driven to provide you with the competitive edge in an increasingly complex and interconnected marketplace. We were formed by the March 2013 combination of international law firm Salans LLP, Canadian law firm Fraser Milner Casgrain LLP (FMC) and international law firm SNR Denton.

Dentons is built on the solid foundations of three highly regarded law firms. Each built its outstanding reputation and valued clientele by responding to the local, regional and national needs of a broad spectrum of clients of all sizes – individuals; entrepreneurs; small businesses and start-ups; local, regional and national governments and government agencies; and mid-sized and larger private and public corporations, including international and global entities.

Now clients benefit from more than 2,500 lawyers and professionals in 79 locations in 52 countries across Africa, Asia Pacific, Canada, Central Asia, Europe, the Middle East, Russia and the CIS, the UK and the US who are committed to challenging the status quo to offer creative, actionable business and legal solutions.

Learn more at

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions