What is Section 52 of the Mining Act

Subsection 52(1) of the Mining Act requires mining claim holders to obtain the Minister’s permission before they extract a ‘bulk sample’ for testing. A further permission, under subsection 52(4), is required in order for the end product of that bulk sample to be sold (unless the claim is taken to lease). 

What change are proposed?

Legislative amendments to the Mining Act would enable regulations that would establish a “permit by rule” model, allowing claim holders to sell the end product of a bulk sample, and retain proceeds, provided that certain conditions are met. 

This will provide proponents with clarity and certainty regarding the retention of proceeds from bulk samples and will facilitate early exploration and advanced exploration projects.

There are no anticipated costs, or cost-savings, to proponents to comply with these proposed amendments. The proposed amendments are not expected to impact small businesses and are not expected to result in a change of annual costs. However, greater clarity regarding the permission to sell the end product of a bulk sample, and any retention of proceeds, may help proponents offset a portion of the costs of early or advanced exploration on their mining claim.