Submissions & Consultations

In December 2022, Canada hosted the United Nations Convention on Biological Diversity (CBD COP15) which saw nearly 200 countries adopting the Kunming-Montreal Global Biodiversity Framework (GBF).  This framework outlines a set of global goals to halt and reverse biodiversity loss by 2030 and maintain positive momentum such that by 2050 “biodiversity is valued, conserved, restored and wisely used.”

Within this commitment, counties are expected to update their National Biodiversity Strategy and Action Plans (NBSAP) to align domestic policy with the global goals outlined in the GBF. Revised national strategies must be completed before COP16 in 2024.

On May 15, 2023, Environment and Climate Change Canada (ECCC) hosted a National Biodiversity Symposium which kicked off the formal engagement on developing Canada’s 2030 National Biodiversity Strategy. With this, ECCC developed a discussion paper entitled “Towards a 2030 National Biodiversity Strategy“ to gather ideas, information, and perspectives on biodiversity conservation in Canada and to inform the development of the Biodiversity Strategy. 

PDAC participated in a virtual natural resources sectors engagement session hosted by NRCan and ECCC, additionally, PDAC has formally submitted a response to the discussion paper to outline how mineral exploration can contribute to the realization of biodiversity targets.

In early 2024, PDAC followed up with a written submission to ECCC’s Milestone Document which contained the draft biodiversity strateg

On Oct 13th, 2023, the Supreme Court of Canada ruled the "designated projects" portion of the federal Impact Assessment Act (the Act) as unconstitutional; this decision was made on the basis that the Act is not directed at regulating effects within federal jurisdiction, and that the defined term "effects within federal jurisdiction" does not align with federal legislative jurisdiction.

The Act, which replaced the Canadian Environmental Assessment Act (CEAA 2012) in August 2019, is a planning and decision-making tool through which the federal government assess various potential environmental and social/economic effects of major projects. The Act as currently written has significant implications for the mineral development sector.

In February 2024, PDAC submitted feedback on the opportunities presented by this ruling to address both the unconstitutionality of the designated projects list and other issues identified by our members that have occurred during the Act’s implementation.

Recommendation 1: That the government renew the Mineral Exploration Tax Credit for a minimum of 5 years beyond the current expiry date of March 2024, and extend eligibility of the Critical Mineral Exploration Tax Credit by 2 years, from 2027, thereby aligning the periods for the two incentives. 

Recommendation 2: That the government create a mechanism to allow for the suspension or deferment of expenditure timelines associated with flow-through shares to respond to acute situations (e.g. wildfires) that may create unintended tax consequences for companies and individuals and that can apply to a specific company, region or nationally. 

Recommendation 3: That the government adjust the capital gains tax treatment for Flow-Through Shares to reflect the issue price of the security versus the current nil cost base approach to expand participation in this funding mechanism by a broader base of investors within Canada. 

Recommendation 4: That the government expedite direction of the $1.5 billion committed in Budget 2022 for critical mineral supply chain infrastructure, as well as funds from the Canadian Infrastructure Bank and Canadian Broadband Fund to fast track the development of energy, transportation, and telecommunications infrastructure in the north, particularly in the territories and First Nations communities. 

Recommendation 5: That the government put in place a one-window approach to facilitate access to available funding to Indigenous Peoples and communities for early engagement and community capacity building with First Nations to support Indigenous participation in critical mineral projects, Canada’s critical mineral strategy and initiatives like the development of the National Benefits Sharing Framework. 

Recommendation 6: That the government expand the funding provided to the Geological Survey of Canada and co-fund provincial and territorial geoscience organizations to collaboratively develop comprehensive, regional-level mineral and energy potential models for application in evidence-based land management and conservation planning, and to create a mechanism through which these models can become more widely available to the public

In December 2022, the Ministry of Transportation introduced amendments to the Canadian Aviation Regulations (CARs) aimed at restricting commercial pilot flight time. While well intentioned, the amendments lack clarity and may significantly affect mineral exploration by reclassifying much of the industry’s aerial work as “air taxi” operations. This change has major financial and logistical consequences for explorers, as an operation may now need two pilots where one was previously sufficient. More importantly, they pose a notable safety risk, as the reduction in flight hours could limit pilot capacity to participate in evacuations or other emergencies. 

Canadian Aviation Regulations Advisory Council (CARAC) Notice of Amendment NPA-2023-006 indicates that the amendments pose safety risks in the face of an unprecedented wildfire season. As a result, the Ministry of Transportation issued further amendments to the aerial work regulations to clarify the impacts of the changes on forest firefighting operations and launched a one-month consultation period in May 2023.

As the risks to pilots and firefighters arising from the amendments are similar to those foreseen to arise in exploration operations, PDAC’s submission aims to elucidate this relationship and provide key recommendations. 

In late 2022 the federal government announced projected changes to its foreign investment policy, which are aimed at addressing various national security concerns. Following that, in February 2023 bill C-34 to amend the Investment Canada Act (ICA) was tabled at the house of common. 

The bill focuses on high-tech companies, but it also addresses mining and exploration companies with critical mineral aspects. In essence, the bill introduces changes that will pose practical limitations on the ability of these companies to be funded by certain foreign investors, and may increase uncertainty and reduce market transparency. 

We have various concerns regarding this bill, and in May 2023 we submitted a commentary letter to the House of Commons’ standing committee on Industry, Science and Technology, in which we laid out our concerns and recommendations. 

In 2018, Prime Minister Justin Trudeau announced Canada’s commitment to protecting 25% of Canada’s lands and waters by 2025, and the intention to increase that protection to 30% by 2030, and 50% by 2050. Over the next three years, a number of specific funds and programs were announced through which these lands and waters can be designated protected, yet there had been little direct consultation with the provinces and territories around selection criteria and timelines. 

In 2022, Environment and Climate Change Canada (ECCC) solicited responses to “Key Conservation Questions from the Canadian Wildlife Service’s Protected Areas Directorate” to stimulate discussion on advancing protected area gains such that Canada meets its protection goals This consultation sought strategies on linking biodiversity conservation with climate change initiatives; strategic challenges that conservation can be a solution for; and using innovative financial tools for nature conservation.

PDAC’s response includes solutions to these inquiries and goes further to outline the need to ensure the designation of protected areas includes an accurate environmental assessment of the mineral potential of the land at the outset, operates within transparent processes, and prioritizes coordination with respective jurisdictions.