Mines

Notices 2007

Directive concerning seabed exploration licences and seabed mining leases

This directive has been in force since August 13, 2007. It renders any previous directive on the same topic null and void. The directive is adopted in application of Order in Council 1579-93, which generally authorizes the Minister of Natural Resources and Wildlife to issue seabed exploration licences or grant seabed mining leases subject to the conditions and payment of the fees determined by the Minister.

Conditions relating to the issuance and use of a seabed exploration licence or seabed mining lease

Section I – Designated territory

  1. Territories that may be the subject of an application for a seabed exploration licence or seabed mining lease are the Estuaire du Saint-Laurent, Golfe du Saint-Laurent, Baie des Chaleurs and the intertidal zone of Baie James, Hudson Bay, Ungava Bay and Hudson Strait. The Estuaire du Saint-Laurent extends eastward from the eastern tip of Île d’Orleans, in accordance with a line drawn on the maps kept at the Direction générale du développement minéral of the Ministère des Ressources naturelles et de la Faune, to a line drawn from Cap-des-Rosiers to the mouth of the rivière Saint-Jean that goes through the western extremity of Île d’Anticosti. The Golfe du Saint-Laurent extends from this line southward and eastward to the line that is equidistant between the shores of Québec and New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland, defined by an agreement between the adjoining provinces. Baie des Chaleurs extends eastward from Pointe-à-la-Croix, opposite Campbelton, to a line drawn at its mouth between Cap d’Espoir and Miscou Island, and southward to the centre line between the shores of Québec and New Brunswick.The borders of these territories along the shores correspond to the high-water mark and the river mouths and include islands with an area of less than 16 hectares. Finally, the designated territory adjoining Baie James, Hudson Bay, Ungava Bay and Hudson Strait corresponds to the zone included between the high-and low-water marks.

Section II – Conditions applicable to a seabed exploration licence

  1. A seabed exploration licence shall be obtained by map designation.
  2. The area and shape of map-designated land to which a seabed exploration licence may apply are determined by the Minister and shown on the maps kept at the Bureau du registraire.
  3. The sections of the Mining Act (R.S.Q., c. M-13.1 and its amendments) relating to map-designated claims apply, unless the context indicates otherwise, to the issuance of a seabed exploration licence, with the necessary modifications.

Section III – Conditions applicable to a seabed mining lease

  1. The provisions applicable to mining lease under the Mining Act and its implementing regulations apply to seabed mining leases, with such modifications as the circumstances require.
  2. However, the Minister may grant a seabed mining lease to a person who is not a holder of a seabed exploration licence if no other mineral title is in force in the territory to which the request applies, at the time the request is made.
  3. The Minister may, when adjacent parcels of land with a total area not exceeding 2000 hectares are under separate leases to the same person, allow mining to be undertaken on only one of the parcels of land, whether the land is subject to a mining lease or a seabed mining lease.
  4. The lessee of a seabed mining lease is subject to payment of the duties provided for in the Mining Duties Act (R.S.Q. c. D-15) or, as the case may be, to the royalties payable under the Regulation respecting Mineral Substances, other than Petroleum, Natural Gas and Brine applicable to surface mineral substances as defined in section 1 of the Mining Act.

Section IV – General conditions applicable to any person conducting mining activities on the seabed.

  1. Sections 232.1 to 232.11 of the Mining Act apply to the holder of a seabed exploration licence or the lessee of a seabed mining lease, with the necessary modifications.
  2. The holder of a seabed exploration licence and the lessee of a seabed mining lease must also comply with any conditions that the Minister may impose upon them, notably additional protection, safety or restoration measures.

Section V – Suspension or revocation by the Minister

  1. Should the holder or lessee not comply with any of the conditions of the seabed exploration licence or seabed mining lease, the Minister may suspend or revoke the licence or the lease if the holder or lessee does not, within the deadline allowed by the Minister, take action with regard to the notice mentioning the default and the reasons for which corrective action is required.

Section VI – Various transitory provisions

  1. The claims obtained in the territory designated in section 1 following the date on which the Mining Act (R.S.Q. c. M-13.1) came into force remain in force, subject to the rights under and conditions of such claims, until they expire or are revoked by the Minister.
  2. The holder of such a claim who, under the Act, would be entitled to renew the claim shall obtain, upon its expiration, a certificate of registration evidencing a seabed exploration licence for the territory that that was subject to the claim, from the date of expiration of the claim.