Constraints on mining activities

When identifying sites for mining activities, the government must consider other land-use opportunities. For the purpose of harmonization, it can establish constraints to restrict mining activities.

The government may reserve to the State or exclude from prospecting, research, exploration and mining operations any mineral substance that is part of the domain of the State if it wishes to achieve the following objectives:

• Create parks or protected areas
• Conserve flora and fauna
• Develop and use hydraulic forces or power transmission lines
• Protect eskers that have potential in drinking water
• Comply with established water protection areas
• Protect rehabilitation and restoration work done in accumulation areas
• Classify an exceptional forest ecosystem or designate a biological refuge (protected forest area)

Effects

The effects of a reservation in favour of the State are:

• Special conditions and obligations for mining titles.
• Conditions for certain sought-after or mined minerals.
• Where the Department has not determined any specific conditions, the reservation to the State is considered closed and no mining title is granted.
• There is no effect on mining titles that are already granted or requested.

The effect of a withdrawal from mining activities are:

• Prohibition of prospecting or designating on a map an exclusive exploration right, as well as carrying out research, exploration or mining operations.
• Prohibition on entering into a lease to mine surface mineral substances (e.g., sand and gravel).
• No effect on mining titles that are already granted or requested.

The government can classify an outstanding geological site and define its boundaries. Exceptional geological sites are withdrawn from mining activities.

Effects

The effects of withdrawing an exceptional geological site are:

• Prohibition of designating on a map an exclusive exploration right and carrying out research, exploration or mining operations.

Any part of a watercourse that has a natural power equal to or greater than 225 kilowatts at the ordinary flow rate of six months, and a strip of land that is 20 metres wide on either side of the watercourse, is reserved to the State and withdrawn from mining titles.

The government may reserve to the State any other land it considers necessary for the development and use of hydraulic forces. It may authorize, under certain conditions, the holder of the mining right to search for or mine mineral substances on the reserved land.

Effects

The effects of watercourses reserved to the State are:

• Prohibition of research, exploration or mining operations on any part of the watercourse and strips of land reserved for the State.
• Government authorization required to conduct research, exploration or mining operations.

Where land is under a mining title and is located on public lands, 5% of the land must be reserved to the State for public development.

The government notifies the mining right holder of the location of the portion of the land reserved to the State.

Effects

The effects of reserved land are:

• Prohibition of mining operations without government authorization.

Urbanization perimeters delimited in a land-use and development plan are withdrawn from mining activities as soon as their boundaries are published in the public register of real and immovable mining rights. Lands that were subject to a mining right prior to May 28, 2024, are excluded from this withdrawal.

Effects

The effect of a withdrawal of urbanization perimeters from mining activities are:

• Prohibition of prospecting or designating on a map an exclusive exploration right, as well as carrying out research, exploration or mining operations.
• Prohibition on entering into a lease to mine surface mineral substances (e.g., sand and gravel).
• No effect on mining titles that are already granted or requested.

Any mineral substance that is part of the domain of the State, which is located on private land and is not included in an urbanization perimeter, shall be withdrawn from mining activities, with the exception of mineral substances located on land subject to an existing mining right or a notice of map designation received before May 28, 2024. Thus, no new mining activities related to mineral substances of the State may be carried out on withdrawn private lands.

Partial or total lifting of a withdrawal

In addition, a RCM may, after consultation with the local municipality where the withdrawn mineral substances are located or at the request of the local municipality, ask the Minister, by resolution, for a total or partial lift of a withdrawal regarding urbanization perimeters and private lands. In this case, the RCM must make a decision within 120 days of a request from a local municipality to lift or restore a withdrawal. Otherwise, the local municipality can address the minister responsible for mines itself by resolution.

This withdrawal is valid for a period of 10 years, following which the constraint will be restored, unless the RCM, after consultation with the local municipality where the mineral substances that were the subject of the lift are located or at the request of the local municipality, requests the government, by resolution, the restoration, in whole or in part, of this withdrawal. However, mining rights granted during a lift are maintained despite the restoration of a withdrawal.

Effects

The effect of a withdrawal of private land from mining activities are:

• Prohibition of prospecting or designating on a map an exclusive exploration right, as well as carrying out research, exploration or mining operations.
• Prohibition on entering into a lease to mine surface mineral substances (e.g., sand and gravel).
• No effect on mining titles that are already granted or requested before May 28, 2024. However, at the time of expiry, abandonment or revocation of an exclusive exploration right located on private land that is not included in an urbanization perimeter, if exploration has not been carried out, reported and approved by the government since October 24, 1988, it is also withdrawn from mining activities.

Prior to the coming into force of a reservation to the State, a withdrawal from mining activities, a delimitation of a mining-incompatible territory (MIT) or a classification of an exceptional geological site, the government may temporarily suspend the right to designate on a map. In the case of the temporary suspension for the delimitation of a MIT, it is valid for a period of six months, renewable for subsequent periods of six months.

Effect

The effects of a temporary suspension are:

• Prohibition of prospecting or designating on a map an exclusive exploration right
• Prohibition on entering into a lease to mine surface mineral substances (e.g., sand and gravel)

With the exception of watercourses and reserved land, you can view the boundaries of mining activity constraints in the GESTIM mining title management system.

Other prohibitions

Other laws contain provisions prohibiting exploration or mining operations in parts of the territory. In this case, the boundaries of these territories are indicated on the mining title map published in GESTIM, with reference to the legal prohibition.