When mining operations end, mining reclamation in Canada focuses on restoring sites. It is about returning the land to its previous state or better. Across Canada, strict rules require mining companies to properly close and restore mine sites.
In this article, we will discuss the basics of mining reclamation and the Canadian laws that govern this process. Companies and communities can consult a mining lawyer for further information.
What does mining reclamation mean?
After all the resources are extracted, or when the mining operations are no longer economically feasible, a company may decide to close a mine. The company must then decommission the mine and its infrastructure and restore the land to prevent negative effects on the environment and the surrounding communities. This is the process of mining reclamation.
Mining reclamation refers to restoring the land to its previous condition after mining. Mining companies are required by law to submit a reclamation plan as part of their application process. Reclamation planning begins early in the mining process, though implementation occurs after mine closure.
Here’s a video that shows how reclamation works, as done in an oil sand mine in Alberta:
To learn more about mining reclamation and how it is done, reach out to the best mining lawyers in Canada as ranked by Lexpert.
What are the laws that govern mining reclamations in Canada?
Mining reclamation is governed by both federal and provincial laws. Businesses should consult a local mining lawyer familiar with both levels of regulation.
Federal laws that govern mining reclamations may include:
- Canadian Environmental Protection Act, 1999 (CEPA)
- Impact Assessment Act (IAA)
- Fisheries Act
Other federal regulations, such as the Uranium and Mills Regulations and the Metal and Diamond Mining Effluent Regulations, may also apply to specific mines.
The mines and minerals laws of each province and territory are the primary regulations governing mining reclamation, closure, and remediation. Here are other provincial and territorial laws that cover mining reclamation:
- Alberta: Environmental Protection and Enhancement Act (EPEA)
- British Columbia: Health, Safety and Reclamation Code for Mines in British Columbia (BC Code)
- Québec: Mining Act
- Yukon: Quartz Mining Act
How do mining reclamations work in Canada?
When applying for a mining permit, the law requires a reclamation plan and financial security (reclamation security). This security is returned only after the site is reclaimed according to legal standards.
While the reclamation plan and security are usually required before the actual mining, some provinces require that these be done even before a mining exploration is started. A reclamation plan must show:
- how the land will be restored (“reclaimed”) after the mine was closed
- how the actual site reclamation will be monitored after the closure
The government is also involved in monitoring the reclamation process.
Reclamation standards
The law has set certain standards that mining companies must follow when planning and implementing their reclamation plans. For instance, under the BC Code, a reclamation plan must include the following, unless excluded by a condition in the company’s permit:
- land: site must be restored according to the previous and potential land use
- stability: long-term stability must be ensured for the land, watercourses, and roads
- vegetation: lands must be re-vegetated to a self-sustaining state and must be monitored for any metal uptake
- infrastructure: all infrastructure, machinery, and equipment must be removed
- watercourses: must be reclaimed to productive capacity, unless impractical to do so
- drainage: must be restored to its original watercourse or to new sustainable ones
- dumps and open pits: must have long-term stability and erosion control
- access roads: must be blocked to prevent vehicular access
- openings: must be either capped with concrete or filled with any appropriate material
- mine water: drains must be installed to prevent pressure from building up
- plant and animal life: an ecological risk assessment may be required to ensure the safety of plants and animals
- chemicals and reagents: must be disposed of according to BC’s Mining Act if it cannot be returned to the manufacturer
Contractual conditions for reclamation
Only when these conditions are fulfilled that the mining company will be released from any obligation and liability. However, there are other conditions or standards that may be imposed on a mining company, in addition to what has been provided by the law, such as those that are provided in its:
- land use permit
- land lease
- mineral lease
- water licence
- project certificate
Post-closure monitoring program
These reclamation standards will be the basis for the post-closure monitoring program to be done by the government over the mining company and the previous mining site. Although progressive reclamation may be done during the life of the mine, it will also be subject to government monitoring.
Liability of companies during reclamation
Closing a mine, or ongoing reclamation, will not simply release the mining company from any obligations. Under the “polluter pays” principle, the company who caused pollution or any environmental incident is responsible for the costs of cleaning up the damage.
These liabilities are imposed to prevent sites from becoming abandoned or orphaned. It also ensures that the costs for reclamation or remediation are properly charged to the responsible entity.
Remediations after the mine’s closure
While mining reclamation is happening, a mining company will be responsible for any remediation work if additional environmental complications occur. Remediation refers to actions taken by the mining company when:
- a substance is released to the environment or community, causing contamination
- an incident occurs, which causes adverse effects to the environment or community
In some cases, reclamation and remediation may occur at the same time. A company’s responsibility to reclaim the land does not affect its liability for remediation when something happens.
This video shows how remediation is done in the Clinton Creek asbestos mine in Yukon after it was shut down:
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How can lawyers help clients with mining reclamations?
Mining lawyers can help mining companies comply with the law and assist local and Indigenous communities in dealing with mining operations.
Here are some of the ways mining lawyers can help businesses and communities during the reclamation process:
- assist in drafting the reclamation plan: while technical aspects are handled by other professionals, lawyers advise companies on legal requirements to ensure compliance from the early stages of the mining project
- monitor the reclamation process: lawyers can provide legal support during inspections, audits, and disputes with regulators or the public, and help resolve issues raised by the community or government
- keep track of the changing laws: lawyers can update clients on new regulations, reporting requirements, or guidelines affecting reclamation plans
Mining reclamations: The last word on mine closure
When mining ends, reclamation begins. With proper planning and government oversight, former mine sites can be restored and repurposed for surrounding communities.
Aside from giving a new beginning for the land and the people who depend on it, laws on mining reclamations are important for legal compliance. Consulting a mining lawyer at any stage of the project can help ensure proper closure and compliance with regulations.
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