Delegation of management responsibility for sand and gravel extraction to regional county municipalities

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Delegation of management responsibility for sand and gravel extraction to regional county municipalities

Claude Langevin, MRN

In the fall of 2008, the Cabinet authorized the Minister of Municipal Affairs and Regions and the Minister of Natural Resources and Wildlife to sign an agreement with the Fédération québécoise des municipalités (FQM) and the Union des municipalités du Québec (UMQ). One of the goals of the agreement was to delegate to regional county municipalities (municipalités régionales de comté - MRC) the management of sand and gravel mining on lands in the domain of the State. In June 2009, the Cabinet adopted an order-in-council to decentralize sand and gravel management.

The objectives of this agreement are to:

allow the MRCs to assume the powers and responsibilities for managing sand and gravel mining on the lands in the domain of the State;
provide the MRC with some economic development levers relating to land development;
bring the provision of public services closer to the citizens for services relating to the management of sand and gravel mining on lands in the domain of the State;
apply principles of equity, transparency and sustainable development when managing delegated powers and responsibilities, and maintain the integrity and public character of the lands in the domain of the State.

Between April 1, 2010 and June 1, 2011, about thirty MRCs in the regions of Saguenay–Lac-Saint-Jean, Laurentides, Lanaudière, Bas-Saint-Laurent, Capitale-Nationale, Mauricie and Côte-Nord signed a memorandum of understanding respecting the transfer of responsibilities for the management of sand and gravel mining. Today, personnel from these MRCs manage sand and gravel mining representing more than half the 2,700 leases and authorizations in the domain of the State.

The powers and responsibilities vested to MRC personnel with regard to sand and gravel management are:

Granting, renewal, revocation and registration in the Public Registry of Real and Immovable Mining Rights of authorizations and leases to mine sand and gravel;
Obtaining certificates of authorization pursuant to section 22 of the Environment Quality Act;
Inspecting and monitoring the mining operations for these substances;
Collecting rental fees and royalties;
The rehabilitation of sand and gravel pits.

Half (50%) of the royalties and rental fees collected in relation to sand and gravel management are retained by the delegate MRCs. The responsibility of training MRC personnel is entirely assumed by the Direction des titres miniers et des systèmes in collaboration with regional management.

A number of other MRCs have expressed an interest in this management delegation project, notably the administrative regions of Outaouais, Gaspésie–Îles-de-la-Madeleine and Abitibi-Témiscamingue. They are expected to sign agreements next year. To facilitate the transfer of information to the Public Registry of Real and Immovable Mining Rights, the Mines Sector is setting up computer-based tools for use by MRC personnel.