A Systematic Review of the Indian Mining Regulations in Comparison to Saskatchewan Mining Law Where the First Nations Holds Mineral Title

Authors

  • P. Dawn Mills PhD, Associate Director of Indigenous Natural Resources, Centre for Excellence for Sustainable Mining and Exploration, Lakehead University – Academic

DOI:

https://doi.org/10.29173/alr2503

Abstract

The Indian Mining Regulations were adopted in 1954, revised in 1961, and amended in 1968 and 1978 as a means to promote mineral resource development on First Nation reserves, where First Nations hold title to the mineral resource. In this article, the Indian Mining Regulations, as part of a suite of regulations associated with the Indian Act, are outlined in relationship to Saskatchewan mining law. First is a general survey of First Nations’ mineral titles across Canada where the Indian Mining Regulations apply. This article then discusses the application of these Regulations; compliance with provincial law; the disposition of minerals; permits; leases; and, finally, the assignment of royalties. It is recommended that a critical review of mineral resource potentials, exploration, mine permitting, and standards for environmental monitoring and reclamation be established prior to any assignment of the existing Indian Mining Regulations against any mineral resource development that occurs on First Nation lands or reserves.

Downloads

Published

2018-10-09

Issue

Vol 56, No 1

Section

Articles

License

For Editions following and including Volume 61 No. 1, the following applies.

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License

For Editions prior to Volume 61 No. 1, the following applies.

Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:

  1. Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
  2. Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
  3. Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
  4. Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.

To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.