Obtaining, Transferring And Securing Mining Rights In Alberta

Mining rights in Alberta are typically obtained by entering into a lease with the provincial Crown or a freehold mineral rights owner. This article gives a brief overview of the process to obtain mining leases, as well as the ability to transfer and grant security over them.

Mining Rights

Land ownership can be broken down into two categories: a surface rights owner and a mineral rights owner. A mineral rights owner owns all of the minerals granted by the mineral title on and under the subject property and has the right to explore for and recover those minerals, as long as they do so in a manner that does not significantly affect the surface owner's rights.

In Alberta, 81% of mineral rights are owned by the provincial Crown and the remaining 19% are owned by individuals, companies and the federal government. Mining rights can be obtained by either purchasing or leasing mineral rights from a mineral rights owner. However, transfers of the fee simple mineral title