Lease to mine surface mineral substances

There are two types of mining titles for surface mineral substances, such as sand, gravel, peat, collectible minerals and crystals, common clay, etc.

A non-exclusive lease (BNE) allows companies to develop or extract the following surface mineral substances, in their natural state and used for construction purposes: sand, except silica sand used for industrial purposes, gravel, common clay or any other mineral substance found in its natural state as an unconsolidated deposit and inert tailings.

Procedure

To apply for this lease, you must:

• complete the form in PDF or Word format (in French only);
• append the required documents to the form;
• pay the related rent.

The non-exclusive lease begins on the date of issuance of the certificate of registration of the lease by the registrar and ends on March 31 of the following year, two years or three years, at the option of the applicant.

The lease may be renewed for one, two or three years at the option of the lessee, for a total term not exceeding 10 years, commencing on March 31 of the year following the issuance of the certificate of registration of the lease.

After that, the Minister can extend the lease for one-year periods.

The exclusive lease (BEX) is entered into for the extraction or development of silica sand used for industrial purposes or for the extraction or development of sand, gravel, common clay or mineral substance found in its natural state as an unconsolidated deposit, if it is demonstrated to the Minister that a supply guarantee is necessary for conducting an industrial activity or crushing activity guaranteeing the supply of an industrial activity or for conducting a commercial export activity outside Québec. A municipality or an intermunicipal board may also apply for this lease to construct or maintain its streets and road network.

Finally, the lease is exclusive when it is requested for any other surface mineral substance not covered by the non-exclusive lease, such as peat and collectible minerals and crystals.

Procedure

To obtain this type of right, the holder must follow several steps.

Step 1: Filing the application for an exclusive lease

The applicant must submit several documents to the government that will verify the eligibility of the application.

The holder must provide, among others:

• the application form in PDF or Word format (in French only);
• the operation map;
• a report describing the nature, extent and quantity of the deposit;
• a report on the mode of operation.

Step 2: Consultations and analysis of the application

The government analyzes the documents received. It can conduct additional consultations, particularly with Indigenous communities. If necessary, it meets with the proponent.

Step 3: Public consultation by the proponent

The proponent must hold a public consultation, for the purposes of obtaining their BEX, unless its project is subject to the environmental impact assessment and review procedure or the environmental and social impact assessment and review procedure, in the North, under the Environment Quality Act.

Step 4: Decision and issuance of lease

The government establishes conditions of exercise where appropriate and issues the lease.

View the allocation process for an exclusive lease to mine surface mineral substances.

The term of the exclusive lease to mine surface mineral substances may not exceed 10 years, except in the case of peat, whose term is 15 years.

The lease may be renewed, not more than twice, for a period of 5 years (15 years for peat). After the second renewal, the lease can be extended for periods of 5 years (15 years for peat).

In addition, the BEX may be extended for periods of 5 years after the second renewal (15 years for peat).

To apply for a renewal or extension, you must complete the form in PDF or Word format (in French only).

Regardless of the type of lease, the holder must:

• apply for a forestry permit (in French only) if deforestation is required on the site;
• submit an annual activity report, covering the period from April 1 to March 31 of the following year, stating the amounts extracted or alienated on a daily basis, and pay the royalties required, depending on the amount and type of substance.