CANADA Law and Practice Contributed by: Darrell Podowski, Jennifer Poirier, Joel Matson and Simi Fagbongbe, Cassels Brock & Blackwell LLP
length of a mineral claim and terms for extension will vary across provinces. In British Columbia, a mineral claim is initially valid for one year, but may be main - tained indefinitely on a year-to-year basis by satisfying statutory work requirements or paying a fee. If pay - ment is made in lieu of work, the mineral claim may be extended by a minimum of six months and a maxi- mum of one year from the current expiry date. Crown mining leases are granted for terms ranging from ten to 30 years. Before proceeding to develop a mine, the holder of a mineral claim will generally be required to convert a mineral claim to a mineral lease. Mineral title can be terminated by the Crown, usually due to failure by the holder to comply with the applica - ble legislation or the conditions of the mining interest itself (eg, if prescribed work has not been performed, if reports have not been filed within the prescribed time, or if a Crown mining lease is used for some purpose other than mining). 2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects Environmental Regulation The development of mining projects in Canada is sub - ject to environmental regulation at the federal and pro - vincial levels, and requires, among other things, the completion of environmental impact assessments pri - or to commencing operations. In certain cases, these assessments must be repeated at subsequent stages of development. The regulatory objective is to deter - mine whether approval for a mining operation should be granted based on the project’s likely environmental impacts. If a mining project receives approval from the relevant environmental authorities, significant obliga - tions will be imposed on the developer for rehabilita - tion and restoration activities on affected lands fol - lowing the completion of the project or mine closure. In Canada, the broad scope of environmental regula - tion is shared between the federal government and the provinces. While municipal powers are generally limited with respect to the environment, municipalities
are getting more involved in environmental regulation, and municipal by-laws and permitting requirements are important aspects to consider prior to and while implementing a mining project. The federal government has primary jurisdiction over environmental matters of international and inter-pro - vincial concern, as well as over fisheries, navigable waters and matters on federal lands, which includes Indigenous reserve lands and national parks. All provinces and territories (except Nunavut, pend - ing completion of the devolution process) are primar - ily responsible for environmental matters within their boundaries, including but not limited to the extrac - tion and processing of natural resources like forestry, mineral resources and fossil fuels, and renewable energy industries like hydroelectricity, wind energy and cogeneration. Environmental Licensing Generally, mining regulators in Canada use three prin - cipal mechanisms for protecting the environment: • mandatory environmental assessment before mine construction; • regulation of the discharge of pollution into the environment; and • a permits system for activities that may impair the environment. Environmental assessment The environmental assessment process generally seeks to determine and predict the environmental impact of proposed mine development initiatives before they are carried out, and generates detailed terms and conditions for mine construction and oper - ation. Canada’s Impact Assessment Act (IAA) requires the Impact Assessment Agency of Canada to conduct an impact assessment when a federal authority provides lands or issues certain permits or approval to a pro - ject. An impact assessment must also be conducted if a project otherwise affects matters under federal jurisdiction. The responsible government minister may also order an impact assessment at their discretion.
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