CANADA Law and Practice Contributed by: Darrell Podowski, Brian Dominique, Joel Matson and Christa Alvernaz, Cassels Brock & Blackwell LLP
Alberta, Saskatchewan, Nova Scotia and Prince Edward Island have adopted the Crown discre - tion mining system, under which the provincial government, as owner of the mineral resources, has the discretion to decide whether and on what terms a person may prospect for miner - als. Governmental approval of a prospector’s activities generally takes the form of a licence or permit. If a permit holder wishes to develop a mineral deposit, it must usually apply for and obtain a Crown mining lease. Once recorded, mining claims allow a mineral explorer to claim a demarcated portion of avail - able Crown lands as their exclusive area, solely for exploration for a specified period. Many juris - dictions in Canada have moved away from the physical staking of mining claims (placement of visible markers on the ground to indicate the claimed area). Instead, mining claims are acquired by selecting blocks of claims using an online mapping system, known as “map selec - tion” or “map staking”. Finally, applications to record a mining claim must be filed within a specified time with the applicable ministry or agency. The recording is designed to give public notice of the area held by the recorder/claimant. The holder of a mining claim generally has the right to transfer or sell an interest in that claim freely without Crown consent (unlike leasehold tenures, where Crown consent is required to sell
ish Columbia, a mineral claim is initially valid for one year, but may be maintained indefinitely on a year-to-year basis by satisfying statutory work requirements or paying a fee. If payment is made in lieu of work, the mineral claim may be extended by a minimum of six months and a maximum 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 mining 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 applicable 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 subject to environmental regulation at the federal and provincial levels, and requires, among other things, the completion of environmental impact assessments prior to commencing operations. In certain cases, these assessments must be repeated at subsequent stages of development. The regulatory objective is to determine whether approval for a mining operation should be grant - ed based on the project’s likely environmental impacts. If a mining project receives approval from the relevant environmental authorities, sig -
or transfer a Crown mining lease). 1.7 Mining: Security of Tenure
Security of rights under a mineral claim is gen - erally maintained through satisfying prescribed work requirements or making payment in lieu thereof. The length of a mineral claim and terms for extension will vary across provinces. In Brit -
137 CHAMBERS.COM
Powered by FlippingBook