New regulations, proposed changes to Quebec's Mining Act target exploration sector

This is the second story on the legacy of the prospecting industry in Quebec, and the province's move to regulate exploration and reform its Mining Act.

Cree officials are welcoming changes to the way mining exploration happens in Quebec. 

Eleven per cent of the province, much of it in northern Quebec Cree territory and Nunavik, is currently under an active claim, according to provincial officials. According to media reports, in 2022, there were 400 mining exploration projects within Eeyou Istchee, the traditional lands of the James Bay Cree. 

In the past, exploration was a largely unregulated corner of the mining world in Quebec. 

Since May, new requirements have come into effect in the province that oblige exploration companies to engage with local Indigenous communities or municipalities, respond to their concerns and also apply for authorization for certain kinds of work. 

"It's going to offer a lot more insight and input into the activities that are undertaken," said Mandy Gull-Masty, grand chief of the Cree Nation.

"And that's a huge win for Cree Nation because these are areas where we were not able to have as much influence, as we were in kind of a loophole," she added. 

The new rules require an exploration company to apply for authorization to carry out any work that will "impact the land" — for example, any work that requires hydraulic machinery or explosives, including excavation, drilling, rock stripping, or road building. 

Before these new regulations, Cree Nation or other Indigenous nations only had input or influence over a project once it became an actual mine, according to Gull-Masty.

"We don't have an agreement with Quebec specifically on mining or exploration activities. We have a very high level of involvement in social acceptability processes … environmental assessment processes, but that really starts when the exploration project becomes a mine," said Gull-Masty. 

In the case of elder John Rupert, a Cree elder whose trapline is finally scheduled to be cleaned up, there was very little if any communication with the exploration company that set up on his traditional territory near Whapmagoostui in 2006. 

When the exploration camp was abandoned in 2008, the company left a mess: close to 400 fuel barrels and propane tanks, 14 cabins, heavy machinery and equipment. 

Whapmagoostui is a fly-in only community and Rupert's camp was very remote. According to Cree officials, there are close to 500 abandoned exploration sites in northern Quebec Cree and James Bay territory. 

A 'win-win,' province says

Charles Gaumond is a geologist with the mining rights management department of Quebec's Ministry of Natural Resources and Forests (MERN) and it's his department that will issue the permits, or ATIs (autorisation pour les travaux à impacts, which translates to "authorization of impact-causing exploration work").

"A good percentage of the exploration work that's done in Quebec is in Cree or Nunavik territory," said Gaumond. 

"The concerns that are raised fairly regularly … [are] about protecting hunting and fishing seasons, for example. And we at the ministry can actually impose on the proponent to put work on hold, for example, during the hunting season." 

The new rules don't oblige an exploration company to put aside money for a clean-up, but Gaumond says his department is able to put conditions on any ATIs that are issued.

"For example, to regulate the storage of drill cores or to require that the site be cleaned up and all assets removed at the end of the work. We can also require that excavations or trenches be back-filled. So, in the end, it's all about restoring the exploration site to the best possible condition at the end of the work," said Gaumond.

Quebec's Minister of Natural Resources and Forests Maité Blanchette Vézina has also tabled Bill 63, which would amend the province's Mining Act to allow the government to enter into agreements with Indigenous communities about mining and exploration activity and impose broader conditions and obligations on mining claim holders to prioritize traditional use, among many other reforms.  

The goal is "strengthen transparency and increase efficiency for the entire Quebec mineral industry," according to MERN's website. Debate on Bill 63 will begin in November.

Whatever happens with the larger reform, the new regulations imposed on the exploration industry through the ATIs is a big step forward, according to Charles Gaumond of the mineral rights department at MERN. 

"There is a significant gain when it comes to transparency," he said.

"It's a win-win situation for everyone. Yes, for the host community ... it's obvious, it provides a lot of additional information, and helps reconcile the different uses of the land."