Surface Mining Access Rules Get Tougher
The Government of Québec has published a draft regulation proposing extensive amendments to the Mining Regulation under the Mining Act, aimed at amending administrative requirements, increasing oversight of mining activities, increasing financial obligations, and improving environmental and safety standards across the sector.
One of the central changes concerns representation requirements for applicants and holders of mining rights. Any person who does not have a domicile or establishment in Québec and who seeks to obtain or hold a mining right would be required to designate a representative residing in Québec to receive documents or communications from the Minister of Natural Resources and Forests. This requirement would not apply to entities already registered under the Act respecting the legal publicity of enterprises. The regulation also establishes procedures for situations in which multiple holders share a mining right, requiring them to designate a representative among themselves with documented consent. If a designated representative becomes unavailable, the holder must promptly notify the Minister and appoint a replacement.
Administrative procedures for applications related to mining rights would also be updated. Applications would need to include more detailed information about applicants, including business registration numbers where applicable, as well as the percentage of rights held by each participant when multiple parties are involved.
The draft regulation proposes several financial changes affecting the mining industry. Fees associated with notices of map designation and the renewal of exclusive exploration rights would increase, reflecting updated cost structures. Annual duties for mining concessions would also be introduced or clarified, with rates established per hectare depending on whether the land is within the domain of the state or on land previously granted or alienated by the state for other purposes. Royalties for leases to mine surface mineral substances would rise, and new formulas would be introduced to determine financial contributions for the rehabilitation and restoration of certain surface mineral deposits.
Access and land-use rules related to surface mineral extraction would be revised. Under the proposed changes, holders of leases to mine surface mineral substances would not be permitted to refuse access to individuals who hold rights or permits on the leased land or adjacent parcels if access through the leased parcel is the only reasonable route available.
The draft amendments strengthen requirements concerning community engagement and consultation. Public consultations required for certain mining projects would follow defined procedures, including publication of public notices describing the project, the location of relevant documentation, and the time and place of consultation meetings.
Quebec (Draft) March 10, 2026
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.
