Regulatory

BC and Yukon Mining Regulations

The main laws behind mining in British Columbia and Yukon, one click from the official source.

How the three are supposed to fit together

On paper, a mine moves through three gates: secure the ground, get the project assessed, then get the permits to build and operate. BC and Yukon run the first and third gates. Assessment is where the systems differ most, and federal rules apply throughout.

1 · Secure the ground

BC: claims are acquired and held under the Mineral Tenure Act.

Yukon: claims are staked under the Quartz Mining Act (hard rock) or Placer Mining Act.

2 · Get it assessed

BC: larger mines go through the BC Environmental Assessment Office. Some also trigger a federal review under the Impact Assessment Act. Under a 2019 Canada–BC cooperation agreement, the two governments aim for "one project, one assessment" through coordination, substitution or a joint review panel.

Yukon: the federal Impact Assessment Act does not apply. Projects are assessed by YESAB under the Yukon Environmental and Socio-economic Assessment Act, a regime created by the Umbrella Final Agreement with Yukon First Nations.

3 · Permit, build, operate

BC: a Mines Act permit, plus waste discharge and water permits, with the Health, Safety and Reclamation Code setting the standards.

Yukon: a quartz mining licence, with financial security for reclamation and closure, and a water licence from the Yukon Water Board.

Federal, in both: fisheries protection, mine effluent limits, explosives and species at risk apply whichever province or territory issues the permits.

Act

Mines Act

Mine permits, inspections and reclamation.

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Code

Health, Safety and Reclamation Code

Safety and reclamation standards for BC mines.

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Act

Mineral Tenure Act

Acquiring and holding mineral and placer claims.

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Regulation

Mineral Tenure Act Regulation

Claim registration, work requirements and fees.

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Act

Environmental Assessment Act

Provincial review of major projects.

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Regulation

Reviewable Projects Regulation

Which mines need an environmental assessment.

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Act

Environmental Management Act

Waste discharge permits and contaminated sites.

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Act

Water Sustainability Act

Water licences and use.

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Act

Mineral Tax Act

Provincial tax on mine production.

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Act

Coal Act

Coal licences and leases.

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Changing:Yukon is developing new minerals legislation to replace the Quartz and Placer Mining Acts.Latest from Yukon ↗
Act

Quartz Mining Act

Hard-rock claims, leases and licences.

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Act

Placer Mining Act

Placer claims, leases and operations.

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Act

Waters Act

Water licences, issued by the Yukon Water Board.

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Federal Act

Yukon Environmental and Socio-economic Assessment Act

Assessment of projects in Yukon (YESAB).

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Federal laws that apply to mines

Act

Impact Assessment Act

Federal review of designated major projects.

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Act

Fisheries Act

Protection of fish and fish habitat.

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Regulation

Metal and Diamond Mining Effluent Regulations

Limits on mine water discharges.

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Act

Explosives Act

Licensing and storage of explosives.

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Act

Species at Risk Act

Protection of listed species and habitat.

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Links go to official government sources. They are provided for convenience and are not legal advice. Links last checked [DATE].