Work Permits on Crown Land
In Manitoba, The Mines and Minerals Act is the authority to enter, use, and occupy Crown Land held under valid mineral tenure.
A mineral exploration Work Permit Application, along with an associated work plan and detailed maps are required for exploration projects on Crown Land for certain activities that have the potential to alter Crown Land or create an accumulation of slash and debris. Please refer to Activities that Require a Work Permit.
Work Permits obtained from the Permit Office are required prior to conducting Early Mineral Exploration activities on Crown Land; used as the “trigger” for Indigenous Consultation, to reduce land use conflicts, and make proponents aware of local concerns or emergencies, and mitigate potential resource and environmental concerns.
Work permits are issued to the project’s Proponent as the individual, company, or organization or individual’s agent as the mineral tenure holder who holds the mineral tenure for the area proposed for exploration.
The Permittee is responsible to obtain and maintain all necessary licenses, permits and authorizations from the relevant municipal, federal, or provincial authorities and is accountable for the actions of their employees and contractors.
Project work has a potential to impact traditional land use and land users, including fishing, trapping, hunting and gathering in and around the proposed project area. If at any time during the project the Proponent becomes aware of or comes upon a traditional land user, traditional land use and/or a traditional activity area that may be impacted, avoidance is preferred. If avoidance is not possible then mitigation efforts shall be discussed with The Permit Office and Consultation Unit before proceeding.
Work permits are required as a method of ensuring that the proponents are made aware that they are accountable for the actions of their employees and contractors.
A work permit does not replace or supersede any authorizations that may be required.
Single-Year Work Permit
Single-Year Work Permits can be issued for up to one year, as determined by The Permit Office typically ending March 31 in the south (Eastern Region) and April 30 in the north (Northwest and Northeast Regions).
A Single-Year Work Permit can be extended for up to one year, conditional that the scope of work has not changed from the initial work permit approved.
Multi-Year Work Permit
Multi-Year Work Permits can be issued for up to three years, as determined by The Permit Office. However, the timeframe can be less if the activity is of a shorter duration, provided an assessment report confirms required work credits have been claimed to meet mineral tenure conditions (as set out in The Mines and Minerals Act).
With sixty (60) days prior notice provided to the Permit Office, a Multi-Year Work Permit can be renewed for up to an additional two (2) years, conditional that the scope of work or mineral tenure has not changed from the initial work permit approved.
Any material changes in the project plan or activities as described in the Work Permit Application may result in a new Work Permit Application being required, as determined by the Permit Office and additional Crown-Indigenous Consultation.
Multi-Year permitting may be considered using an Area-Based approach within a proposed work plan for proponents with valid mineral tenure and a positive record of compliance during previous field activities. When applying for a mineral exploration work permit, the Proponent must identify the land on which exploration activities will be carried out. There must be at least one area of interest in which Early Mineral Exploration work is planned. The areas of interest must be delimited by polygons in a shapefile submitted with the application for authorization. These areas must not be too big, since that would hinder the project’s social acceptability among local and Indigenous communities due to the scope of the work involved.
Any approved Area-Based work permits shall maintain all mineral exploration activities within defined boundaries (polygon).
Reporting
In a Multi-Year Permit, reporting is an important aspect, to assist in Indigenous Consultation and Engagement, and in Natural Resource Management (calculating timber dues, and determining disturbances for wildlife management purposes). Depending on Consultation and Engagement with Indigenous communities, summary reporting and updates may be required more frequently.
The Proponent is to report on exploration activities completed during the field seasons bi-annually, for Multi-Year Permits and at the end of Single Year Work Permits, or as required by the Permit Office, generally, in the form of spatial files.
The Proponent is requested to provide information on surface disturbances only.
Work Permit Amendments
Amendments to a work permit are required from the Permit Office for any change in scope of exploration activities, adding new mineral tenure, mechanical clearing of new trials, drill pads, helicopter pads, Line Cutting or other early exploration disturbances, that have not been approved as part the original Work Permit Application.
If during the timeline identified in any work permit the level of activity or scope of work changes significantly, a new work permit or an amendment must be made to an existing work permit, as determined by the Permit Office.
Requests for an amendment includes:
- Details of the amendment(s) that clearly explain the type and number of change(s) being requested.
- Updated and detailed PDF mapping and spatial files including KML/KMZ files.
Notification
A permittee is responsible to notify the Permit Office and/or the local District Office prior to starting, suspending, or restarting work permit operations.
As a standard condition on all work permits, a permittee is required to notify the local Conservation Officer no less than 10 days prior to completion of operations to allow for Final Inspection of the operation.
Corrective action for activities related to a work permit can be ordered by the Conservation Officer at any time during or after the operation.
Questions about Work Permits can be sent to:
Proponents are strongly encouraged to contact the Permit Office at Permit.Office@gov.mb.ca for additional details in applying for a mineral exploration work permit.
A Work Permit Application is reviewed internally by an advisory group of Subject Matter Experts (SME) across various provincial Branch and Departments. These areas of government review and assess the potential impacts of the proposal provide comments on potential land use conflicts and identify potential mitigations for resource or environmental concerns.
A Work Permit Application is used as the trigger Manitoba’s constitutional duty to consult prior to making a decision on a permit application. Depending on the nature of the consultation, and Indigenous community(ies) involved, a longer timeframe may be required to ensure meaningful consultation before a work permit can be issued. Crown consultation timelines can also be influenced by Proponent’s relationship with the Indigenous community established through early and ongoing engagements on the proposed project or agreements established prior to submitting a Work Permit Application.
In areas covered by Resource Management Agreements, a review may also be required by the Resource Management Board (RMB). The applicant should note that normally the RMB has 45 days to review and provide comments on applications.
A work permit issued detail the mineral exploration activities to occur and will outline the conditions that must be followed while working within a defined area.
The issuance of work permits is often complex in nature, and several aspects are considered in “decision making”, including Indigenous and Economic Reconciliation, reducing land use conflicts, potential impacts on northern economic development and employment, mitigating resource and environmental concerns, and identifying local concerns with the goal of the project being socially acceptable.