CANADA Law and Practice Contributed by: Darrell Podowski, Brian Dominique, Joel Matson and Christa Alvernaz, Cassels Brock & Blackwell LLP
cies or other governmental bodies to oversee the mining sector. Often, multiple agencies will administer separate facets of the mining busi - ness. Examples of this multi-agency approach can be observed in all provinces, and multiple federal agencies regulate the environmental aspects of mining activity, as discussed in 2. Impact of Environmental Protection and Community Mineral rights have a constitutional basis where - in the rights and powers over mineral title and extraction have been apportioned between the federal and provincial governments. Mineral rights in Canada are property rights and can be broken down into three distinct catego - ries. The Right of Entry on Crown or Private Lands Containing Crown Minerals Holders of mining claims have the right to enter upon, use, occupy and let down such part(s) of the surface rights of the claim as necessary for prospecting and efficient exploration of, and the prospective development and operation of, the mines, minerals and mining rights therein. In all Canadian jurisdictions, compensation will be owed to existing surface rights owners for such use. Priority Over Other Miners Relations on Mining Projects . 1.5 Nature of Mineral Rights Recording or registering a mining claim gives priority over other miners, so long as the claim remains in good standing. Where disputes arise between prospectors with respect to the record - ing, registration or priority of claims, inspections of the claims may be requested by a recorder or similar government official, and the recording of
challenged claims may be appealed to a quasi- judicial officer or board. The Right to a Lease and to Enter Into Production A mining claim holder is entitled, and has the exclusive right, to apply for a mining lease over the area of the claim, following the prescribed periods of assessment work. Such a mining lease grants the right to enter into production from a mineral deposit and, upon production, to take title to the minerals and to process and dispose of them for valuable consideration. 1.6 Granting of Mineral Rights The granting of mineral rights will depend on the location of the minerals. Most mineral rights are granted by statute by the provincial government of jurisdiction. The provinces of British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Ontario and Quebec, along with the three ter - ritories, have adopted some form of modified free-entry system, which allows individuals and corporations to obtain mineral rights by record - ing and/or registering (in the case of Ontario) mining claims on their own initiative on mineral lands deemed open for recording. The free-entry system relates only to the limited acquisition of mining rights or temporary limited tenure by mining claim (referred to as a mineral claim in other jurisdictions). The acquired rights do not necessarily extend to actual permission for the industrial activities of exploration, devel - opment or mining, which remain subject to land use, environmental and other principles and laws and regulations. If a mining claim holder wishes to develop a mineral deposit on the land subject to the claim, they must usually apply for and obtain a Crown mining lease.
136 CHAMBERS.COM
Powered by FlippingBook