Mining lease

A mining lease allows its holder to operate a mine. This lease is required for the extraction of all mineral substances, with the exception of surface mineral substances.

To obtain a mining lease, the holder must follow several steps.

Step 1: Preliminary approval

Once a proponent has completed exploring a site, they may request, via email to the Centre de services des mines (services.mines@mrnf.gouv.qc.ca), preliminary approval of the perimeter of the mining lease being pursued. The government then meets with the proponent and sends a letter of approval.

Step 2: Filing the application

To obtain a mining lease, the holder of an exclusive exploration right must apply for a lease via GESTIM and send, via email, several documents to the government that will verify the eligibility of the application.

The holder must provide, among others:

• a scoping and market study that notably addresses the integration of the proposed operation into a circular economy and processing in Québec;
• a feasibility study, certified by a qualified engineer or geologist, presenting notably an estimate of the deposit’s mineral resources and reserves;
• where applicable, the issuance of an authorization required under the Environment Quality Act for the proposed extraction activities;
• a restoration and rehabilitation plan;
• a financial guarantee;
• the annual rent fixed by regulation.

The applicant for a mining lease must provide to the Ministère des Ressources naturelles et des Forêts (MRNF), upon request, any documents and information related to the mining project.

Step 3: Additional consultations and analysis of the application

The government conducts additional consultations, particularly with Indigenous communities. It analyzes the submitted studies and reports. If necessary, it meets with the proponent. Then, the final perimeter is delimited. Exercise conditions are set to avoid conflicts with other land uses.

The government may, on reasonable grounds and at the time of entering into a lease, require that economic benefits in Québec be maximized by the development of mineral resources authorized under the lease.

Step 4: Approval

The mining lease is granted if:

• the rehabilitation and restoration plan was approved;
• the authorization under the Environment Quality Act was issued;
• payment of the rent has been paid;
• the financial guarantee has been filed and approved.

View the process for issuing a mining lease.

The initial term of the mining lease is 20 years, except for a lease entered into for the mining of tailings, the duration of which is determined by the Minister and is not to exceed 10 years. It may then be renewed for a period of 10 years, up to three times, subject to the conditions set out in the Mining Act and the Mining Regulation.

However, it is possible to extend the lease for 5 years after the third renewal. The request for renewal or extension is made by sending the renewal form in PDF or Word format (in French only) to the Centre de services des mines via email.

Within 30 days after the lease is issued, the lessee must establish a monitoring committee to foster the involvement of the local community in the project. This committee must be maintained until all the work provided for by the rehabilitation and restoration plan has been carried out.

Similarly, all mining lease holders who were not required to form a monitoring committee before November 29, 2024, as well as all holders of mining concessions, are now required to establish a monitoring committee.

The lessee determines the number of representatives on the committee. At a minimum, however, the committee shall consist of:

• a representative from each of the local municipalities and RCMs, whose territory is included, in whole or in part, on the land under lease and who requests it;
• a representative of the economic sector;
• a citizen;
• and, where applicable, a representative of each Indigenous nation or community consulted by the government as part of this project.

The government may authorize a different committee composition if the lessee shows that it is impossible to find a representative of each area.

The majority of committee members must be independent of the lessee. All must be from the region where the project is located.

Similarly, if the holder has already established a committee for the same project, they will not be required to establish a second committee for a new lease if the leases are located in the same region.

Refer to the Best Practices Guide for Monitoring Committees and Legal Obligations of Mining and Petroleum Projects Promoters which discusses best practices for the establishment and operation of a monitoring committee, as well as the legal obligations that mining lease holders are subject to.

The mining lease holder must, among other things:

• pay an annual rent;
• begin work in the four years after the lease is issued;
• submit a variety of information on their mining activities.
• apply for a forestry permit (in French only) if deforestation is required on public land;
• submit an activity report (quarterly or annual declaration) stating the amounts extracted or alienated on a daily basis, and pay the royalties required, depending on the amount and type of substance.

A mining concession is an extraction title that the government no longer grants. It is the former version of the mining lease.

A certain number of mining concessions are still present in Québec. The peculiarity of this title is, among other things, that it remains in force as long as the concessionary meets their obligations. Otherwise, it can be revoked.

Abandoning a concession

A mining concession may be subject to abandonment by completing the form in either PDF or Word format (in French only).