Fourth Time's The Charm? Quebec Introduces Mining Act Changes Again

On December 5, 2013, in the Québec National Assembly, Martine Ouellet, the Quebec Minister of Natural Resources (MNR) presented Bill 70, which seeks to amend the Quebec Mining Act (Act). Bill 70 comes on the heels of the recent defeat of Bill 43 which sought to replace the existing Act. Bill 70 is the fourth attempt to modify or replace the mining regime in Quebec since 2009. It appears that the government has the support of one of the opposition parties, the Coalition Avenir Québec, and it is therefore expected that Bill 70 will have a good chance of passing. The proposed changes include:

• Aboriginal Communities: Following criticism that Bill 43 did not sufficiently address specific aboriginal issues, Bill 70 proposes to add a chapter to the Act that deals specifically with aboriginal communities. These provisions provide that the Act must be construed in a manner consistent with the duty to consult and that consideration of aboriginal rights and interests are part