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ARTICLE · 24 JULY 2009

Sand And Gravel Mining – Quebec To Decentralize Decision-Making

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On July 8, 2009, the Government of Quebec announced a program to delegate to regional county municipalities (RCMs) decision-making powers regarding sand and gravel mining on public land.

CanadaEnergy and Natural Resources
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Copyright 2009, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Environmental Law, July 2009

On July 8, 2009, the Government of Quebec announced a program to delegate to regional county municipalities (RCMs) decision-making powers regarding sand and gravel mining on public land. RCMs and municipalities not covered by an RCM can now enter into delegation agreements with the government. In order to ensure efficient allocation of its resources, the government has announced that it will give priority to signing these agreements in areas of the province where all RCMs and municipalities are in favour of delegation.

LEGAL FRAMEWORK

Under the Act respecting the Ministère des Ressources naturelles et de la Faune (the Act), the Minister of Natural Resources and Wildlife (MNRW) has authority to grant and regulate mining rights on public land. Under the Act, as well as pursuant to section 10.5 of the Municipal Code of Québec, the MNRW also has

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