Assented to on November 29, 2024, Bill No. 63, entitled An Act to amend the Mining Act and other provisions (the “Act”), introduced by the “Minister” of Natural Resources and Forests (the “Minister”), brings significant changes to the legal framework governing mining activities in Québec.
This reform notably aims to better regulate exclusive exploration rights (“EERs”), which allow a company to explore land in search of mineral resources, formerly known as “claims.”
More broadly, it seeks to better align mining development with present-day realities, particularly regarding environmental protection, recognition of the rights of Indigenous communities, land-use planning and the fight against certain speculative practices.
While some provisions came into force upon adoption of the Act with others following suit at the end of 2025, several remain pending further regulatory clarification. In this context, it is essential to understand and note the key changes.
Regulation of Transfers and Anti-Speculation Measures
Among the most significant changes, the Act tightens the conditions applicable to EERs. The objective: limit speculation and encourage the completion of tangible fieldwork.
A new anti-speculative measure now provides that the holder of an EER who has completed and reported work representing at least 90% of the minimum required expenditure may, in order to renew or transfer its right, pay an amount equal to twice the difference between the minimum required expenditure and the reported work.
In the same spirit, since November 29, 2025, it is now prohibited to assign an EER during its initial three-year term without prior authorization from the Minister, which may only be granted if exploration work has been carried out on the land in question. Any assignment made in contravention of this rule is null and void.
In addition, with respect to mining leases and mining concessions, any transfer is now conditional upon the prior filing, by the new holder, of financial security with the Minister, the amount of which must correspond to the anticipated costs related to rehabilitation and restoration work. Transfers are also conditional upon the monitoring of such work, in accordance with the rehabilitation plan approved by the Minister. It should be noted that this requirement does not apply to transfers made under the Companies’ Creditors Arrangement Act or the Bankruptcy and Insolvency Act. Any transfer contrary to this provision is likewise null and void.
The government has also equipped itself with tools to protect certain territories. An EER may now be registered in the name of the State, thereby allowing it to preserve mining potential by granting land rights to itself. Furthermore, a new provision authorizes the Minister, at any time, to require the holder of a mining right to remove or relocate any property or extracted mineral located on the land in order to promote compatible land uses or for any other reason of public interest, including to avoid impacts on local and Indigenous communities. Although these provisions are deemed already in force, guidance is still awaited to clarify the circumstances in which these powers may be exercised.
Consultation and Work Planning
The Act significantly strengthens disclosure and consultation obligations toward local communities. The holder of an EER must now provide the representatives of any local municipality and, where applicable, any concerned Indigenous community with an annual work plan at least 30 days before the start of activities and each year thereafter while the work continues.
At the request of a community or municipality, the holder of an EER must hold an information session to present the plan, which, together with the minutes of the session, where applicable, must be published on the holder’s website or by any other means authorized by the Minister.
These requirements are intended to improve transparency and enable affected parties to better anticipate mining exploration or operation activities on their territory.
Upstream, the Minister must notify the relevant municipality and Indigenous community within 60 days following the granting of an exploration right. In addition, where land subject to an EER has been granted, alienated or leased for purposes other than mining, or where it is subject to an exclusive lease for the extraction of surface mineral substances, the Minister must, within the same timeframe, notify the owner, lessee or holder.
Agreements with Indigenous Communities
To facilitate coexistence between mining activities and those of Indigenous communities, the Act provides that the government may enter into agreements with such communities to define the boundaries of certain areas where mineral resources will either be reserved to the State or excluded from mining exploration and development.
This measure aims to promote collaborative management of natural resources while respecting the rights and interests of Indigenous communities.
Environmental Protection
The Act places greater emphasis on environmental protection by now subjecting all mining projects to the environmental impact assessment process, which certain projects could previously avoid depending on their scale.
This reform allows for more systematic evaluation of environmental risks and implementation of appropriate mitigation measures. The threshold of 2,000 metric tons, which previously allowed certain projects to avoid review by the Bureau d’audiences publiques sur l’environnement (BAPE), has been abolished; accordingly, all mining projects must now undergo environmental assessment.
Promotion of Critical and Strategic Minerals (CSMs)
The Act introduces new tools that enable the government to better identify and regulate the processing of critical and strategic minerals, as well as residues resulting from the extraction of surface mineral substances. Specifically, the Minister may now, by ministerial order, designate certain mineral substances as critical and strategic. These orders are published in the Gazette officielle du Québec.
Additionally, in cases prescribed by regulation and where residues are technically and economically recoverable, the Minister may, on conditions and within the timeframe determined by her, either require the lessee or concession holder to extract the mineral substances contained in the residues or impose any measure intended to promote their extraction.
If the lessee or concession holder fails to comply with these requirements or measures, the Minister may order suspension of activities for a period she determines. The Minister may also require any document or information necessary to verify implementation of such requirements or measures. In practice, these powers are intended to encourage better use of already extracted resources.
Private Lands and Urban Perimeters
The Act introduces new restrictions regarding prospecting, exploration and mining operations in relation to certain mineral substances forming part of the domain of the State and located within an urban perimeter defined in a land-use and development plan pursuant to the Act respecting land use planning and development. Such substances will be withdrawn from mining activity upon registration of a notice in the public register of mining, real and immovable rights.
These measures are notably intended to better protect living environments and ensure consistency with land-use planning tools.
The Act goes further by also excluding from mining activity mineral substances forming part of the domain of the State and located on privately held lands outside an urban perimeter; however, this exclusion does not apply where such mineral substances are included in land that, prior to May 28, 2024, was already subject to a valid mining right or map designation notice. Finally, where, on the expiry, surrender or revocation date of the EER that covered them, no exploration work had been completed, declared and approved by the Minister since October 24, 1988, the mineral substances are likewise withdrawn from mining activity.
Complementary Regulatory Amendments and Recent Developments
Several provisions of the Act require regulatory adjustments in order to come fully into force. In March 2026, the Ministry of Natural Resources and Forests published draft regulations subject to a 45-day public consultation period. The draft notably addresses the conditions for appointing a representative in the case of co-holders of a mining right, the annual fee applicable to mining concession holders, the financial contribution required for nonexclusive leases for extraction of surface mineral substances, and standards relating to provisional financial security.
In addition, in March 2026, the government introduced Bill No. 11 concerning the reduction of regulatory burden in several sectors, including mining. This bill aims to improve the sector’s competitiveness and accelerate project delivery, while helping reduce speculation relating to mining rights.
In parallel, in December 2025, the government tabled Bill No. 5 aimed at accelerating the issuance of authorizations required for priority and nationally significant projects. In practice, this initiative seeks to simplify administrative and environmental processes for certain projects designated by the government as priorities or strategic for Québec.
For any questions regarding the application of this reform or its impacts on your projects, please contact our Mining and Natural Resources team.
FAQ – Mining Law in Québec
FAQ – Mining Law in Québec
The development of a mining project requires several successive authorizations. During the exploration phase, the company must hold an exclusive exploration right (EER), formerly called a mining claim, allowing it to conduct work on a given territory. As the project progresses, environmental authorizations become necessary, particularly through the impact assessment process. To move to production, a mining lease is generally required. Depending on location, the nature of the project and related infrastructure, additional permits may also be required, particularly in relation to land-use planning, water management or environmental protection.
Legal risks in mining law arise at several levels. From a regulatory standpoint, failure to comply with obligations may result in suspension of activities or even nullity of certain mining rights, particularly in cases of noncompliant transfers. From an environmental standpoint, increased assessment and monitoring requirements expose companies to penalties in the event of noncompliance. Added to this are risks related to social acceptability, including challenges brought by local or Indigenous communities. Lastly, contractual and financial issues, particularly regarding required guarantees or partnerships, may also generate disputes where obligations are not clearly defined and fulfilled.
ESG integration must begin in the earliest project phases. This implies anticipating environmental impacts, implementing credible mitigation measures and rigorously documenting the steps taken. From a social standpoint, proactive communication with municipalities and Indigenous communities is essential, particularly through the transmission of clear work planning and the holding of consultations where required. Transparent governance, combined with rigorous management of regulatory obligations, also helps strengthen stakeholder trust. Beyond compliance, these elements become determining factors in securing financing and ensuring the long-term viability of mining projects.
