Today, May 6, the changes to the Mining Regulations in Quebec come into force!
These changes notably introduce a new authorization regime for “impact exploration work”, which means that the latter now require obtaining an Impact Exploration Work Authorization (ATI) prior to their execution.
An important new feature is the obligation for ATI applicants to actively consult their stakeholders, including local municipalities and indigenous communities. The promoter will have to submit a report detailing the exchanges, which will be made public, thus promoting transparency and accountability.
These legislative and regulatory changes aim to promote more harmonious and respectful development of territories and local populations.
For several businesses, municipalities and Indigenous communities, however, this new regulation constitutes a coordination challenge, particularly with regard to:
- The availability of the parties to participate fully;
- The parties’ expectations regarding the results of the process;
- Consultation of the parties without necessarily having previously informed them;
- Processing of information collected by the competent authorities;
- Feedback to the parties.
To consult the Promoter’s Guide for authorization of impact exploration work from the Ministry of Natural Resources and Forests (MRNF): https://mrnf.gouv.qc.ca/wp-content/uploads/GM_promotor_exploration_impacts.pdf
To learn more about this regulatory change, see Fasken’s summary: https://www.fasken.com/en/knowledge/2024/05/impact-causing-exploration-work-do-you-need-an-ati