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Divergent Mineral Rights Regimes: A Natural Experiment in Canada and the United States Yields Lessons


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Divergent Mineral Rights Regimes: A Natural Experiment in Canada and the United States Yields Lessons

The current state of mineral law and policies related to mining non-fuel minerals, and public attitudes towards mining are substantially different in Canada and the United States. Yet from an historical perspective, these two countries started out with the same laws respecting mining and mineral rights. The obvious questions are how did the systems diverge, why, and what are the implications? The key observations are that US mineral law and policies have been developed in a much less ordered process than those in Canada. In the United States, this process has yielded some useful adaptations of basic British common law such as ownership of minerals in fee simple title. The Canadian approach to policy, however, produces more intergovernmental collaboration and decentralization on matters such as environmental regulation.


By Fraser Institute, Canada,


Health Policy Resource.