Regulations for critical minerals development
The Canadian mining industry, which includes the extraction and processing of critical minerals, is subject to some of the highest environmental standards in the world. This is reflected in a comprehensive framework of federal, provincial, and territorial acts and regulations.
Mining activities are regulated by the province or territory in which a mine or project is physically located. Each jurisdiction has its own mining, environmental, and occupational health and safety legislation, and associated regulations.
The Government of Canada also regulates several areas that affect mining and works to coordinate with provinces and territories where possible for a streamlined permitting approach.
To learn more, visit the following web page: Mining and mineral resource development in Canada.
Indigenous Peoples in Canada are rights holders
Indigenous Peoples in Canada are rights holders under Section 35 of the Constitution Act, meaning they have constitutionally protected Aboriginal and treaty rights that must be respected in resource development. Some Indigenous governments in Canada have legal rights to land that is not part of a reserve. These rights can include control over what happens on the surface of the land in their territories, like forests and water, and what is found underground, such as minerals.
The Government of Canada has a constitutional duty to consult and, where appropriate, accommodate Indigenous groups when it considers conduct that might adversely impact potential or established Aboriginal or treaty rights.
To learn more, visit the following web page: Government of Canada and the duty to consult.
Improvements to Canada’s regulatory framework
The Government of Canada has taken steps to improve Canada’s regulatory system and help project proponents navigate federal government programs, including critical minerals initiatives.
Streamlining impact assessments and permitting
The Impact Assessment Agency of Canada is taking steps to redesign and restructure its processes under the Impact Assessment Act (IAA) to ensure that federal impact assessments for all major projects subject to the IAA are completed within 2 years.
Efforts include:
- streamlining information requirements and simplifying templates to make the process more predictable and manageable
- sharpening the focus of assessments on key issues within areas of federal jurisdiction
- providing guidance to proponents to support meaningful early engagement with Indigenous Peoples and early identification of issues
- strengthening partnerships with Indigenous groups by prioritizing early and meaningful consultation and upholding the principles of the United Nations Declaration on the Rights of Indigenous Peoples
- engaging proponents from the outset to ensure the impact assessment process is transparent, timely, and collaborative
- establishing co-operation agreements with all interested provincial and territorial governments to realize the goal of “one project, one review”
- using regional and strategic assessments under the IAA to assess issues and cumulative effects on a regional basis, aiming to streamline future project-level assessments ahead of major project development
- integrating permitting requirements at an early stage to allow for concurrent processes, including developing detailed permitting plans at the start of the process with clear milestones and timelines and coordinating with federal permitting departments
Streamlining federal review and approvals for projects of national interest
Through the Building Canada Act, the Government of Canada will advance projects deemed in the national interest, including certain critical mineral mining projects. By streamlining federal review and approval processes, while upholding Indigenous rights and protecting the environment, the Act aims to:
- increase regulatory certainty
- help attract capital
- strengthen our industries
- reinforce Canada’s sovereignty and economic resilience
To learn more, visit the following web page: Building Canada Act – Projects of national interest.
Supporting Canada’s northern regulatory regimes
The Northern Regulatory Initiative supports clear, trusted and functional resource management regimes in the Yukon, the Northwest Territories and Nunavut that respect and reflect the unique northern contexts and accelerate responsible project development. This is achieved through targeted contribution funding to support Indigenous participation in impact assessment and land use planning processes, regional studies, cumulative effects assessments, baseline studies, and operational improvements in collaboration with northern partners.
Helping industry navigate Canada’s regulatory frameworks
Canada’s Critical Minerals Centre of Excellence concierge service was created to help connect industry and other interested parties with programs, resources and networks to advance critical minerals projects and value chains.
Contact the concierge service to set up a meeting and discuss your project.
Related information
Explore additional information on Canada’s mining policy, tax incentives and regulatory framework.