Copyright 2009, Blake, Cassels & Graydon LLP
Originally published in Blakes Bulletin on Environmental Law, July 2009
On July 8, 2009, the Government of Quebec announced a program to delegate to regional county municipalities (RCMs) decision-making powers regarding sand and gravel mining on public land. RCMs and municipalities not covered by an RCM can now enter into delegation agreements with the government. In order to ensure efficient allocation of its resources, the government has announced that it will give priority to signing these agreements in areas of the province where all RCMs and municipalities are in favour of delegation.
LEGAL FRAMEWORK
Under the Act respecting the Ministère des Ressources naturelles et de la Faune (the Act), the Minister of Natural Resources and Wildlife (MNRW) has authority to grant and regulate mining rights on public land. Under the Act, as well as pursuant to section 10.5 of the Municipal Code of Québec, the MNRW also has authority to transfer these powers to RCMs and municipalities.
The Act stipulates that for this transfer of responsibilities to be valid, the MNRW must first publish its decentralization program in the official gazette, outlining the basic terms of the initiative, which will likely be non-negotiable. Thus, for example, RCMs signing a delegation agreement will have to accept responsibility for managing holiday leases on public land.
SCOPE OF DELEGATED POWERS
Powers to delegate include:
- signing sand and gravel mining leases;
- issuing authorizations to extract those substances;
- issuing certificates of authorization under section 22 of the Environment Quality Act;
- collecting rent and royalties;
- reclaiming non-exclusive sand pits and gravel pits when the source is exhausted; and
- appointing inspectors as defined in the Mining Act.
In exchange, RCMs will keep 50% of the revenues generated by the delegated powers, which they must pay into a regional development fund. The powers can be subdelegated to a management board, subject to the consent of the minister. Agreements can be cancelled by the government in the public interest, to address aboriginal concerns, or where an RCM is breaking the law. The first delegation agreements are expected to take effect in the spring of 2010.
LOOKING FORWARD
Decentralization of leasing and permitting for sand and gravel extraction is on the horizon in Quebec. We understand that, so far, upwards of 50 municipalities have indicated an interest in pursuing the delegation process. It remains to be seen whether this is good news or bad news for those who rely on timely access to the resource in the conduct of their operations.
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