New Rules Allow Mineral Development Without Owners

Summary#

• This bill updates Saskatchewan’s Mineral Resources Act. Its main goal is to let mineral development move ahead when some mineral owners are unknown or do not agree, while setting money aside for them.
• It creates “Designated Subsurface Development Areas” (DSDAs) with a clear application, notice, and approval process.
• It modernizes how notices are sent, updates regulation‑making powers, and removes outdated rules.
• The new DSDA rules do not apply on federal lands (for example, national parks, military bases, and reserve lands).

Key changes

• Creates DSDAs so the government can authorize exploration and production when there are “uncontrolled interests” (owners are unknown, can’t be found, or haven’t consented).
• Requires public notice on the ministry’s website and notice to affected owners, who have 30 days to send comments.
• Lets the government appoint a single operator and set how much production each mineral parcel gets, usually based on parcel size unless that would be unfair.
• Requires the operator to pay a “just and equitable” share for uncontrolled interests to the Minister of Finance, at least equal to what Crown royalties and rentals would be.
• Allows a DSDA order after a 5‑year meaningful search if ownership still can’t be confirmed.
• States a DSDA does not give anyone the right to access the surface; separate surface access is still required.
• Allows notices by mail or email, with clear timelines for when they are considered received.

What it means for you#

• Mineral rights owners (freehold)

  • If you own minerals in the area, you will get notice and 30 days to comment on a DSDA application.
  • If you choose not to sign an agreement, the government can still approve development in a DSDA. Your share of proceeds will be set aside for you.
  • Your share of production is usually based on your parcel’s share of the whole area unless that would be unfair.
  • If you come forward later and prove ownership, the government can release the money held for you.

• Heirs or people who may own minerals but are hard to find

  • If no owner can be confirmed after a 5‑year meaningful search, development can still proceed.
  • Your share of proceeds is paid to the Minister of Finance and held until a court confirms, or the minister accepts, your proof of ownership.

• Surface landowners

  • A DSDA does not allow anyone onto your land. Companies still need your permission or must follow existing surface access laws and processes.

• Resource companies and operators

  • You can apply for a DSDA if some mineral owners are unknown or not consenting. You must show the area is suitable, you tried to find owners and make deals, and the DSDA would prevent waste or improve recovery.
  • Only the named operator may run the project in the DSDA. Oil and gas projects must also follow The Oil and Gas Conservation Act.
  • You must pay the “just and equitable” share for uncontrolled interests to the Minister of Finance. Orders can be ended if you don’t follow the rules.

• General public

  • DSDA orders will be posted on the ministry website. The bill sets clear timelines for mailed and emailed notices.

• Indigenous communities

  • The DSDA rules do not apply on federal lands, such as reserve lands.

Expenses#

No publicly available information.

Proponents’ View#

• Unlocks resources tied up by unclear or missing ownership, helping prevent waste and improve total recovery.
• Provides a fair floor for payments to unknown or non‑consenting owners, with funds safely held until they are found.
• Sets one operator to coordinate work, which can reduce duplication and improve safety and efficiency.
• Respects surface owners by clearly stating DSDA orders do not grant surface access.
• Adds transparency through public notice and clear timelines for service of notices.

Opponents’ View#

• Allows development without every mineral owner’s consent, which some see as weakening property rights.
• The minimum payment based on Crown royalties and rentals may be lower than what owners could negotiate privately.
• A 30‑day comment window and government immunity may limit owners’ ability to challenge decisions or seek damages.
• A 5‑year search period may not be enough to find all heirs or resolve complex title issues.
• Giving control to a single operator and allocating by parcel size may disadvantage small owners if their parcels have different productivity.