Changes To The Rules For The Rehabilitation And Restoration Of Mining Sites In Quebec

On February 13, 2013, the Quebec government tabled a draft regulation (Draft Regulation) to amend the rules for financial guarantees set out in the Regulation respecting mineral substances other than petroleum, natural gas and brine (Regulation).

Under the Mining Act¹(Act), land rehabilitation and restoration work for a mining site must be covered by a plan approved by the Minister. To ensure that the work is done, the Draft Regulation proposes to increase the required financial guarantee from 70% to 100% of the anticipated cost of carrying out the rehabilitation and restoration work – coverage comparable to that required for mining projects in Ontario.

This requirement is in line with the recommendation made by the Bureau d'audiences publiques sur l'environnement in its July 2009 hearing report on Osisko's Malartic gold deposit. It is also identical to the requirement included in Bill 14, tabled in 2011 by the previous government. It is worth recalling that