What's in Place

Mineral Resources Act

The Mineral Resources Act is a territorial act, passed in August 2019 but not yet in force, that will guide how mineral rights and royalties are managed in the Northwest Territories. Detailed regulations are needed to implement this law. Further information on the development of these regulations is found here.

Status

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The Mineral Resources Act covers rules for mineral prospecting, exploration, mine development, and production. The act’s goal is to balance the economic potential of the industry with responsible land use, and to ensure NWT residents benefit from mining.

The Mineral Resources Act received assent during August 2019, but will only come into force after its regulations have been approved. Mining is the largest industry in the Northwest Territories, so the act’s regulations will be vital to determining what benefits residents will see from resource extraction. The regulations will define how much companies must pay the Government of the Northwest Territories (GNWT) in royalties for the minerals mined in the NWT.

Regulations will define lands where mining is not allowed and zones where mining is encouraged; what a public mineral rights registry will look like and how often it must be updated; how and when companies must provide notice of mining activity to Indigenous government organizations and the public; and details on the obligations and/or benefits agreements companies must commit to before they can begin mining in the NWT.

The Mineral Resources Act is the first piece of stand-alone legislation to guide mineral rights and mine development in the Northwest Territories. It received assent in August 2019, but will not come into force until its regulations are approved by the Minister and/or Cabinet.

Mineral rights rules currently exist under the Northwest Territories Lands Act and its Mining Regulations. (The Public Land Act will repeal and replace the Northwest Territories Lands Act once its regulations have been approved. The Public Land Act would then guide NWT mineral rights until the Mineral Resources Act regulations are approved).

Regulations are currently under development. For more information, see: https://responsible-nwt.ca/get-involved/

The GNWT is in the process of drafting Mineral Resources Act regulations. The Department of Industry, Tourism, and Investment released a discussion paper and other materials on resource royalties in early 2022 and briefed the Standing Committee on Economic Development and Environment in April 2022. The department is sought public feedback on resource royalties via email until July 29, 2022. The GNWT said it would summarize this feedback, incorporate it into policy options, and subject these options to an independent third-party review. Then, the GNWT will begin to draft its mineral resource royalty regulations.

In total, five sets of regulations are under development, including royalty regulations, regulations on NWT benefits, general regulations (on tenure and land access conditions), benefit agreement regulations and Mineral Rights Board regulations.

In December 2022, the GNWT released an overview of policy intentions guiding these regulations, providing the public with an opportunity for input, closing January 31, 2023.

The GNWT had hoped to bring its proposed regulations to Indigenous government organizations for consultation in early 2023, before releasing a draft for public comment in the summer of 2023. The GNWT has set a date of September 2023 for the final approval of these regulations, with the Mineral Resources Act coming into force at that time.

Revenues from mining

Mineral Resources Act regulations will set royalty rates, or what companies pay the GNWT for the minerals they extract from the land. What is a fair return to the government from mining on NWT lands?

Conflicting departmental mandates

The Department of Industry, Tourism and Investment is tasked with promoting mining but is also the one in charge of regulating the industry. Should these responsibilities be split and moved elsewhere within GNWT?

Secrecy

The current Mining Regulations prevent the Minister from releasing any information on royalties or GNWT revenues from mining. How will the GNWT improve public disclosure to ensure transparency and accountability with how our mineral resources are managed?

Resources

Goverment Resource

GNWT Mineral Resources Act

Goverment Resource

GNWT: Background on Mineral Resources Act public feedback

Goverment Resource

GNWT: What We Heard: Mineral Resources Act regulations

Goverment Resource

GNWT: An Overview of Policy Intentions that will Guide the Drafting of Regulations for the NWT Mineral Rights Act – December 2022

Goverment Resource

GNWT: What We Heard: Mineral Resources Act

Goverment Resource

GNWT: What’s Next: Mineral Resources Act

Goverment Resource

GNWT Discussion Paper: Review of Resource Royalties in the NWT - January 2022

Goverment Resource

GNWT: Have Your Say: Review of Mineral Resources Royalties

Goverment Resource

Mining Regulations (GNWT Northwest Territories Lands Act)

Goverment Resource

Coal Regulations (GNWT Northwest Territories Lands Act)

Goverment Resource

Dredging Regulations (GNWT Northwest Territories Lands Act)

Goverment Resource

Mineral Resources Act Regulations Status Report October 2023

Goverment Resource

Proposed Regulations to fulfill the Northwest Territories Mineral Resources Act

Current Discourse

Question 862-20(1): Economic Vision for the Northwest Territories Thank you very much, Mr. Speaker. So, Mr. Speaker, the audit specifically called out gaps in strategies, like the mineral development strategy and economic opportunity strategy, and the vision would respond by aligning what we've heard, including through ongoing collaboration to

October 28th, 2025 – Oral Questions

Caitlin Cleveland

Question 777-20(1): Status of Mineral Resources Act Regulations Thank you, Minister of ITI. Oral questions. Member from Yellowknife Centre.