Mining legislation
Last updated on July 22, 2024Key legislation and regulations for mineral exploration and mining in B.C.
Government Statutes and Regulations are available from the BC Laws website.
If there are differences between this information and the acts and regulations, the acts and regulations apply.
On this page
- Mining acts and regulations in B.C.
- Government of Canada acts and regulations
- Other activity based acts, regulations and orders in B.C.​
Mining acts and regulations
Ministry of Energy and Mines Act ​
The Ministry of Energy and Mines Act defines the creation of the ministry, outlines the duties and powers of ministers, deputy ministers and employees.
​ Mines Act and related regulations
The Mines Act and the Health, Safety and Reclamation Code for Mines in British Columbia (the Code) protect workers and the public through provisions for minimizing the health, safety and environmental risks related to mining activities.
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Where a permit is already held, certain exploration activities that pose very low risk to human or environmental health may be exempted or deemed authorized under the Mines Act Permit Regulation.
The Mines Regulation authorizes an inspector to investigate any matter relating to the health and safety of a mine.
The Mines Fee Regulation defines the fees paid to review of an application for a Mines Act permit, inspection of pits, quarries, mineral and coal mines, and certificate fees.
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The Administrative Penalties (Mines) Regulation outlines the procedures for administrative penalties imposed on a person who contravenes the Act, Code, or regulation.
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The Mine Reclamation Fund Regulation is established to collect financial security by the owner, agent or manager as a condition of a Mines Act permit. The security is for mine reclamation and protection of, and mitigation of damage to, land and watercourses affected by the mine.
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The Notice of Debt Form Regulation is established to prevent the transfer of title until the debt is paid and the notice is cancelled, and is registered as a charge in the land title office or in the office of the chief gold commissioner.
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The Hours of Work notice sets out hours of work in the British Columbia Gazette, Part II.
Mineral Tenure Act and related regulations
The Mineral Tenure Act (MTA) is the primary statute that authorizes the registration of mineral and placer titles with the Province and provides the policy framework for mineral titles administration.
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The Mineral Tenure Act Regulation provides the details to give effect to the policy set out in the MTA.
The Mineral Definition Modification Regulation provide a definition that a fossil is not a mineral under the MTA. It is defined under the Land Act Fossil Definition Regulation.
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The Mineral Title Online Grid Regulation defines how the Mineral Titles Online (MTO) grid was created. The grid is used to determine the location in British Columbia of mineral and placer cell titles under the Act.
The Mining Rights Compensation Regulation outlines the process of expropriation of a mineral title for establishing or expanding a park, conservancy, or recreation area under the Park Act.
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Mining Right of Way Act
Legislation for free miners to access mineral lands and for recorded holders to access their titles can be found in the Mining Right of Way Act.
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Coal Act and related regulations
The Coal Act authorizes the registration of coal titles with the Province and provides the policy framework for coal titles administration.
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The Coal Act Regulation provides the details to give effect to the policy set out in the Coal Act.
Mineral Tax Act and Mineral Land Tax Act
Mineral tax compensates the province for the commercial use and depletion of coal and mineral resources at any operating placer, quarries, coal and other mines.
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You pay mineral land tax yearly for property where you own the mineral rights. Mineral land tax is a tax paid by owners of freehold mineral rights. If you own mineral rights, you pay this tax each year. Your freehold ownership may be with the surface land or with minerals only.
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Government of Canada Acts and regulations
The Explosives Act outlines the manufacture, testing, acquisition, possession, sale, storage, transportation, importation and exportation of explosives, this includes blasting activities at a mine and explosives magazine storage and use.
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- Explosives magazine storage and use
- Blasting certificates
- About explosive requirements found in part 8 of the Health, Safety and Reclamation Code for Mines in British Columbia
The Fisheries Act provides a framework for management and control of fisheries and protection and conservation of fish and fish habitat.
The Impact Assessment Act is a federal process for impact assessments and the prevention of significant adverse environmental effects from mining activity that impact federal jurisdiction.
The Migratory Birds Convention Act protects and conserves migratory birds and their habitats.
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The Species at Risk Act protects federally listed species at risk from becoming extinct or lost from the wild.
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- B.C.'s role in conservation of ecosystems of significant species at risk
Other acts, regulations and orders related to mining activities
Environment
The Environment and Land Use Act empowers a Land Use Committee of Cabinet to ensure all aspects of the preservation and maintenance of the natural environment are fully considered in the administration of land use and resource development. Orders can be made respecting the environment or land use, including the establishment of protected areas.
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- Order in Council (OIC) 365-2023: Southern Incomappleux designated area
- Order in Council (OIC) 110-2024: Ehattesaht Hay-Na designated area
- Order in Council (OIC) 111-2024: Lax K'naga Sts'ool designated area
- Order in Council (OIC) 112-2024: Mining deferral area (Ehattesaht Hay-na) - Repealed
- Order in Council (OIC) 113-2024: Mining deferral area (Lax K-naga Sts'ool) - Repealed
- Order in Council (OIC) 242-2024: Placer and hardrock jade deferral area, and Jade mining closure area (Northwest)
- Order in Council (OIC) 442-2024: Mineral deferral area (North Coast)
- Order in Council (OIC) 443-2024: Mining deferral area (Ehattesaht Hay-na) - Replaced
- Order in Council (OIC) 444-2024: Mining deferral area (Lax K-naga Sts'ool) - Replaced
The Environmental Assessment Act describes the process for obtaining an Environmental Assessment Certificate, which is required prior to a Mines Act decision for construction and development, and usually after or during advanced exploration, resource definition and feasibility studies.
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- Reviewable Projects Regulation about new or modification of existing mine projects such as the 15% project notification thresholds and certificate thresholds for Coal Mines, Mineral Mines, Sand and Gravel Pits, Placer Mineral Mines, Construction Stone and Industrial Mineral Quarries, and Offshore Mines
- Environmental Assessment Office
The Environmental Management Act provides details on air, land and water waste disposal, pollution, spill preparedness, response and recovery, contaminated sites remediation, remediation of mineral exploration sites and mines, liability of remediation, reclamation security bonding, orphaned and historic mine sites.
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- Placer Mining Waste Control Regulation that regulates wastewater discharge from placer mines and transition plan for previously exempted sites that ended January 1, 2022
Forest
The Forest Act regulates the commercial forestry industry, and rights to cut crown timber, including free use permits and occupant licence to cuts commonly issued with Mines Act permit.
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The Forest and Range Practices Act also includes resource road use for natural development purposes.
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The Wildfire Act establishes the procedures for open-fires, industrial use of open-fires, industrial activities and authorities of fire prevention and fire control.
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Indigenous community agreements
Indigenous community agreements
The relationships between the Province and Indigenous nations are governed by both treaty and non-treaty agreements.
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Land
The Agricultural Land Commission Act should be referenced if any planned mining activities are located within an agricultural land reserve.
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The Heritage Conservation Act protects heritage sites and objects in B.C.
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- Heritage conservation and the Mineral Tenure Act (PDF, 165KB). See section "Your title overlaps with the following Legal and Administrative interests"
The Land Act contains laws concerning crown land, use including licenses to occupy for rights to aggregate, and to build infrastructure such as access (roads, boat ramps) and other utilities.
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- Aggregates and quarrying on crown land
- Building of road on crown land
- General permission for ocean, lake and river docks, boat ways/ramps used for access to a mine
- Industrial use of crown land
- Off-road vehicle use for work or leisure purposes on crown land
- Crown contaminated sites program including unpermitted historic mine sites with no existing responsible party
- Commercial recreation activities such as placer panning, history tours of old mines, etc. on crown land
Water
The Drinking Water Protection Act ensures safe and potable drinking water. Mining sites must adhere to the Act and regulations to provide safe drinking water on site, and protect community watersheds.
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- Health, Safety and Reclamation Code for Mines in British Columbia, Section 2.11.1, 9.3.4 and 9.4.1 for drinking water in lunchrooms, mitigation of contamination of drinking water and maintenance of water quality in community watersheds
- Drinking Water Protection Act
- How drinking water is protected in B.C
The Water Sustainability Act and Water Sustainability Regulation regulates surface and ground water. This legislation authorizes water use, protection and sustainability. Exemptions exist under certain conditions for mining and mineral exploration.
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Wildlife
The Wildlife Act is the foundation for conserving and managing wildlife in British Columbia.
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Worker health and safety
The Public Health Act supports mine site regulation of cookhouses, bunkhouses and residential facilities. This act also regulates current and emerging public health issues.
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- Health, Safety and Reclamation Code for Mines in British Columbia, Section 2.11.15 for season camps and refers to the Industrial camp regulation
- Public Health Act website
- Industrial camps
Most aspects of worker health and safety are managed by the Health, Safety and Reclamation Code for Mines in British Columbia
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