Quartz has become more and more profitable nowadays in Canada, as seen through the booming quartz mining industry in Yukon.
While the allure of profits from mining may bring in more companies to engage in this industry, there are several social and legal considerations to look at first. One of these legal considerations is the Quartz Mining Act enacted by Yukon.
What is Yukon’s Quartz Mining Act?
The Quartz Mining Act of Yukon was enacted in 1924. It’s a statute on quartz mining in this territory. It has since been amended several times, such as in 1998 and 2013.
It is composed of three main parts:
- Disposition of Government Mineral Rights
- Land Use and Reclamation, and Applications
- Transitional Provisions
Generally, the Act outlines:
- the process of obtaining or “staking” a claim to mine quartz in the territory
- restrictions on land use for a sustainable quartz mining industry
- the application process for obtaining a licence when running and closing a quartz mine
But first, to know more about Yukon’s mining industry, watch this video:
Related to mining laws are Aboriginal laws. Reach out to the Lexpert-ranked best aboriginal lawyer in Yukon to learn more about these two areas of laws.
Staking a claim
When mining a resource in Canada, the provinces and territories usually require a person or a mining company to first obtain a mining claim.
A mining claim – or a quartz claim under the Quartz Mining Act – will give claim holders exclusive rights over the minerals in that area.
The Act states that claiming (also called “staking”) an area must be done physically, as putting up posts on it. This is because the Act does not allow map staking, as allowed by the other provinces.
Restrictions on a quartz claim
A quartz claim is different from surface rights, which is with the surface rights owner (usually the landowner). A staked quartz claim also does not give the holder exclusive rights over the land, since the claim holder can only do activities that are related to the exploration for quartz minerals.
Who are eligible for a quartz claim
Section 12 of the Act states that any person who is above 18 years old can acquire mineral claims, without any requirements on Canadian citizenship or Yukon residency.
Corporations must be registered with the Corporate Affairs of the Government of Yukon.
Land use restrictions
The Quartz Mining Act establishes four classes of exploration programs. The higher the class means that there is more likelihood to cause adverse environmental impacts.
These classes are also related to the issuance of a Certificate of Completion or Certificate of Closure after its requirements are met.
These four classes are the following, and its operating conditions, as prescribed by the Act’s Regulations according to each class:
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Class 1 |
Class 2 |
Class 3 |
Class 4 |
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Notifications / plans to the Chief of Mining Land Use |
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requires sending a Class 2 Notification to the Chief |
requires an operating plan to be approved by the Chief |
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Environmental assessments |
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must submit an environmental assessment, as mandated by the Yukon Environmental and Socio-economic Assessment Act |
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Allowed structures other than underground structures |
Structures without foundations to be used for 12 consecutive months or less |
Structures without foundations |
Structures with foundations |
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Maximum weight of rocks that can be moved to the surface during underground structures construction |
500t rocks max may be moved to the surface |
40,000t rocks max may be moved to the surface per year
200,000t max can be moved per exploration program |
100,000t rocks max may be moved to the surface per year
200,000t max may be moved for exploration program’s duration |
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Number of person-days per camp |
Maximum of 250 |
More than 250 |
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Number of people in a camp at any one time |
Maximum of 10 |
More than 10 |
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Storage of fuel (maximum) |
Total:
Per container: |
Total:
Per container: |
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Construction of lines |
Maximum of 1.5m wide
Can only be cut by hand with hand-held tools |
Can be more than 1.5m wide
Can be cut tools that are not hand-held |
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Construction of corridors (maximum) |
5m wide
0.5km long |
10m wide
0.5km long |
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Trenching (maximum) |
Group claims: 1,200 m3 on a group of 3 claims*
Individual claims: a maximum of 400 m3 |
1,200 m3 per claim per year |
5,000 m3 per claim per year
10,000 m3 over the exploration program |
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Clearings (maximum) |
8 clearings per claim |
8 or more clearings per claim, including existing clearings |
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Allowed access roads and trails |
Not allowed |
Maximum distance of 5 km |
New access roads up to 15 km in length |
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Use of explosives (maximum) |
1,000kg in any 30-day period |
1,000kg or more in any 30-day period |
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* A claim cannot be part of more than 1 group
Licences and permits
After staking a claim under the Quartz Mining Act, applicants must then record their claim before the district Mining Recorder’s Office.
It is usually approved after the travel time to ensure that there are no competing claims, which is 30 days after staking the claim. The recorded claim may be renewed after 1 year through what is called 'representation work’.
Quartz mining lease
After recording the claim, the holder can now apply for a quartz mining lease. The term of the lease is 21 years, which can be renewed for another 21 years. To apply for a quartz lease, a vein or lode in the holder’s quartz claim must be confirmed. After this, the application process can be done still through the Mining Recorder's Office.
Before any mining operations can be done after the lease is acquired, the proper plans, notifications, or approvals according to the holder’s Class must be done first.
Quartz mining licence
To develop and operate a major quartz mine, the Quartz Mining Act requires:
- an environmental and socioeconomic assessment
- a water licence, when required by the Yukon Waters Act and its Water Board
- development, operations, and decommissioning plans
- a financial security, which will cover any reclamation and closure liability
In addition, consultations with the First Nations community that may be affected by the quartz mining operations may also be pursued.
How is quartz mining regulated in Yukon?
In addition to the Quartz Mining Act of Yukon, quartz mining companies are also regulated by other laws, such as federal laws on mining activities and licences.
While it is the provincial or territorial laws such as the Quartz Mining Act that regulate the mining operations in the province or territory, federal laws may also apply.
For example, federal taxation and environmental laws will also apply to mining companies, in addition to other similar laws present in the province or territory.
Know more about your province’s mining laws specific to certain resources, such as Yukon’s Quartz Mining Act, by consulting with the best mining lawyers in Canada as ranked by Lexpert.