e-3726 (Environment)

Canada is home to a competitive, sustainable and responsible minerals sector across all stages of the mineral development cycle, and is committed to strong environmental, social, and governance principles. In order to secure a sustainable future and achieve net-zero emissions by 2050, Canada is taking a leadership role to advance the circular economy as demonstrated by its hosting of the World Circular Economy Forum in 2021 and its support to a variety of funding opportunities for individuals and businesses, as well as domestic and international initiatives.

The Government of Canada is building a circular economy for minerals and metals through initiatives like CanmetMINING’s Mining Value from Waste project, which fosters the transition to a low carbon economy by recovering minerals from old mine tailings, repurposing inert materials and reducing environmental liabilities. Other initiatives include ongoing work with the Automotive Recyclers of Canada to help prepare for an increased future supply of end-of-life electric vehicles and batteries so that parts reuse is maximized and critical minerals are sustainably recycled.

Canada is a steward of the unique ecosystems and wealth of biodiversity that exists in the ocean. Offshore and deep-sea marine environments host a diversity of habitats that support many organisms. The oceans are the largest ecosystems on the planet and fulfill a role in mitigating climate change through heat absorption and carbon sequestration. For this reason, the Government takes a precautionary approach  - being cautious when scientific knowledge is uncertain, and recognizing that the absence of full scientific certainty shall not be used as a reason for postponing decisions where there is a risk of serious or irreversible harm. Canada agrees that approaching any exploitation of seabed mineral resources in an environmentally responsible manner is critical to ensuring  we maintain regional biodiversity, ecosystem structure and function, and enable the preservation of representative and unique marine ecosystems.

Canada is a member of the International Seabed Authority (ISA), an international organization in the United Nations system established under the United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Agreement relating to the implementation of Part XI of UNCLOS (1994 Agreement). ISA is the organization through which States Parties to UNCLOS organize and control activities in “the Area” (defined as the seabed and subsoil beyond the limits of national jurisdiction, and its “resources” as all solid, liquid, or gaseous mineral resources in situ in the Area at or beneath the seabed). UNCLOS provides that the Area and its resources are the common heritage of humankind, that activities in the Area shall be carried out for the benefit of humankind as a whole and for the equitable sharing of financial and other benefits from such activities. ISA is currently in the process of developing regulations that would establish the framework for any potential seabed mining in the Area. Canada works with other ISA members to ensure that activities in the Area are carried out in a manner consistent with UNCLOS and the 1994 Agreement.

Prime Minister Trudeau is a member of the High Level Panel for a Sustainable Ocean Economy (Ocean Panel), a group of 16 world leaders committed to building momentum for a sustainable ocean economy in which effective protection, sustainable production and equitable prosperity go hand in hand. In 2020, the Prime Minister endorsed the Ocean Panel’s “Transformations for a Sustainable Ocean Economy” document, which recommended that “Sufficient knowledge and regulations are in place to ensure that any activity related to seabed mining is informed by science, and ecologically sustainable.”

For these reasons, Canada’s approach to the protection of the high seas and international seabed, including the regulations for seabed mineral mining under development at the ISA, is to support to the development of a legal and regulatory framework that provides effective protection of marine environments by applying the precautionary approach, the ecosystem approach, and the use of best available science and Indigenous knowledge. The Government is   working in partnership with other Ocean Panel members to advance this policy position, both within the ISA and other  international ocean bodies.

Canada does not have legislation in place that would permit the mining of hydrothermal vents, polymetallic nodules, or seamount crusts in areas under its jurisdiction. As such, Canada has never issued permits for exploratory seabed mining. Pursuant to the United Nations Convention on the Law of the Sea, to which Canada is a Party, any eventual national legislation established for seabed activities in areas under national jurisdiction must be “no less effective” than international rules, standards and recommended practices and procedures. There are currently a number of Acts that protect our marine environments in Canada, including the federal Fisheries Act, the Oceans Act, the Impact Assessment Act, Canadian Environmental Protection Act and Species at Risk Act.

The Government is  committed to working with stakeholders as the work to develop Draft Regulations and Standards and Guidelines continues. Canada will also continue to push for the ISA to increase transparency and access to information for all stakeholders. In line with the precautionary approach and its commitments under the Ocean Panel, the Government  will work towards sufficient knowledge and regulations being in place to ensure that any activity related to seabed mining is informed by science and ecologically sustainable.