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This engagement is now closed

Overview

The Northwest Territories’ (NWT) first Mineral Resources Act (MRA) was passed by the NWT Legislative Assembly in 2019.

Northern leaders, working as the Intergovernmental Council (IGC), are now working to identify and develop the regulations needed to bring it into force. (These regulations are needed to explain and interpret the rules outlined in Legislation and will provide the details needed to understand and enforce the intentions of an Act.)

The development of regulations for the MRA is an exciting and historic opportunity for the NWT to establish an approach to mining that is respectful and inclusive of NWT interests and reflects the vision and priorities of NWT residents for their future.

While this work is being led by the GNWT’s Department of Industry, Tourism and Investment (ITI), it includes the input of other GNWT Departments in addition to Indigenous governments, subject matter experts, industry representatives, NWT stakeholder groups and NWT residents.

For engagement purposes, GNWT-ITI has categorized regulations by topic under the broader MRA goals they support.

Here’s a summary: 

Modernizing Regulations – through regulating mineral interests efficiently and effectively by reducing administrative processes on staff and industry and building in transparency through:

• Merit-based Tenure Regime – moving to a system where discovery and exploration occurring during the mineral claim holding and production and selling occurring through a mineral lease holding
• Evidence of Deposit Requirement – submission of evidence of deposit report to bridge the transition between mineral claim and mineral lease holdings
• Targeted Reporting – Increased reporting requirements from staking to production
• Public registry – to increase transparency of mineral administration
• Tenure tools – increased tools available for Industry to maintain tenure
• Production License - Production licenses are a new step proposed to define the point at which a mineral project gains the right to extract and sell minerals and will serve to ensure terms and conditions such as benefit agreements are in place.
• Mineral Administration – is flexible to accommodate future mineral types
• Online Map Staking – will move the NWT to an online map staking system from a ground staking system

Benefits for Northerners – defining the opportunities received by residents of the NWT, Indigenous groups, or the GNWT that are positive for the territory or local communities, from wealth and economic activities created by the mining sector.

These benefits could include things like jobs, community investment, scholarships and training, or supporting local business. This will be completed through:

• Benefit Agreements – Benefit Agreements (with Indigenous Governments) will become regulated to clarify expectations for new and proposed mining operations.
• NWT Benefits – Socio-Economic Agreements will become regulated to ensure all NWT residents receive benefits from mineral resource development.

Positive and Collaborative Relationships – through regulating an increase of knowledge sharing and efficient dispute resolution processes GNWT will work towards increasing positive and collaborative relationships between Indigenous Governments, Industry and GNWT through:

• Prospector’s Awareness Course – a new prerequisite for receiving a Prospector’s License
• Notification of Application to Record – A new Notification of Application to Record will ensure that Indigenous governments and organizations are notified of mineral claims being staked in their traditional territory and enable public monitoring in these areas by communities.
• Notice of Intended Work – The MRA introduces a new Notice of Intended Work as an information sharing tool to promote early engagement with Indigenous Governments and Organizations by industry proponents.
• Opportunity for Indigenous Engagement Credits (under work requirement system)
• Dispute resolution processes – are intended to facilitate the quick and fair resolution of issues outside of a legal process.

Improving Geological Knowledge:

• Data Standards – Although requirements exist for assessment reports to be submitted, the lack of detail defining data standards can impact overall data integrity, quality and the long-term benefit of geoscientific data collected.
• Drill Core Identification – It is currently up to industry if they want to provide drill core information as part of their work assessment. Proposed changes will make the sharing of specific drill core information mandatory and restrict the destruction of core by companies.
• Assessment Work – Owners of mineral claims are required to collect and save geoscience data for public sharing. The MRA proposes to expand this requirement to increase the amount of publicly-available geoscience information.
• Removal of Minerals – The MRA will enable the regulation of samples removed from the NWT for testing purposes.

Next Steps

Engagement on Mineral Ressources Act Policy Intentions will begin November 21, 2022.

(NOTE: Regulations concerning resource royalties are being considered under a similar, but separate, public engagement process.)