Question Period Note: International seabed authority and deep-sea mining

What is Canada’s approach to deep-sea mining and the regulations under development at the International Seabed Authority?

• Canada is advocating for a precautionary approach to mining in the open seas. We must ensure sufficient knowledge and regulations are in place to protect fragile ocean ecosystems.
• Our Government is actively engaged as a member of the High Level Panel for a Sustainable Ocean Economy and at the International Seabed Authority to ensure effective protection of the marine environment.

• Canada is actively engaged in the drafting of exploitation regulations for seabed mineral mining under development by the International Seabed Authority (ISA).
• In June of 2021, the Republic of Nauru invoked the “two-year rule”, a clause under the United Nations Convention on the Law of the Sea (UNCLOS) that presses the ISA to complete the regulations for exploitation within two years. Once this two-year period has expired, in July of 2023, the ISA may be required to consider and provisionally approve a plan of work for mining regardless of whether exploitation regulations are finalized and adopted. There are ongoing deliberations by Member States for options around the application of the two-year rule in a matter consistent with UNCLOS.
• Stakeholder interest relating to Canada’s participation at the ISA as well as the ecological risks of seabed mining is rising. The Government of Canada, including your office, received a letter in February of 2021, and follow-up e-mails in December of 2021 and July of 2022 from MiningWatch Canada and Oceans North calling on Canada to advocate for a moratorium on deep seabed mining, on the issuing of new exploration licenses and on the adoption of regulations for exploitation, until a set of environmental and social conditions are met. A response to the letter is currently with Global Affairs Canada’s (GAC) Minister’s Office.
• Parliamentary inquiries and petitions for Canada to increase its engagement at the ISA were also received in March of 2022, with all being responded to in coordination between GAC, Natural Resources Canada, and Fisheries and Oceans Canada (DFO).
• At the recent United Nations Oceans Conference, which took place from June 27 to July 1, 2022 in Lisbon, Portugal; French President Emmanuel Macron called for a legal framework to be developed to “stop high sea mining and to not allow new activities putting in danger these ecosystems” and advocated for countries to invest in science to better understand and protect the world’s oceans. Recently, Chile, Fiji, Federated States of Micronesia, Samoa and Palau publicly called for a moratorium and some of these countries launched the “Alliance of Countries for a Deep-Sea Mining Moratorium”.
• A reference to seabed mining and the work of the ISA was also featured in the G7 Climate, Energy and Environment Ministers’ Communiqué released in May of 2022. The language reaffirms the need to take a precautionary approach to potential mining of marine minerals 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) and to develop a robust knowledge basis on the deep sea marine environment and on the risks and potential impacts of deep sea mining operations.

The International Seabed Authority (ISA)
• The ISA is an autonomous international organization in the United Nations common system established under the Convention and the Agreement. The ISA is the organization through which States Parties to United Nations Convention on the Law of the Sea (UNCLOS) organize and control activities in the Area.
• Canada is a Party to UNCLOS and thus a member of the ISA. The Assembly is the principal organ of the ISA, composed of all 168 ISA Member States. Canada is also an elected member of the ISA’s 36-member Council. The Council is the executive organ of the Assembly and is entrusted with the responsibility of developing and adopting the various parts of the ISA Mining Code, for ultimate consensus approval by the Assembly. The Legal and Technical Commission (LTC), one of the Council’s subsidiary organs, provides legal and scientific advice to prepare and support the decisions and activities of the Council.
• The ISA is currently in the process of developing regulations for exploitation activities in the Area (Mining Code).

Drafting of the Exploitation Regulations (Mining Code)
• The current draft of the regulations on the exploitation regime is a detailed and technical document, calling upon a variety of areas of expertise and practical knowledge. The draft includes sections addressing: production practices; environmental protection measures; inspections and enforcement; the financial terms of a contract and payment mechanism (i.e. the royalty scheme); and the regulations and procedures on the equitable sharing of financial and other economic benefits derived from exploitation activities in the Area.
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• However, Canada has endorsed a position on seabed mining through its involvement in the High Level Panel for a Sustainable Ocean Economy which has released recommendations including supporting strong environmental protections and the precautionary approach to development of the exploitation regulations.
• Canada will continue to promote strong environmental protections in relation to seabed mining production and ensure the effective protection of the marine environment and biodiversity, which could include rigorous inspection and enforcement mechanisms that uphold standards of transparency and accountability for contractors.

• We are aware of calls for a moratorium and are committed to working with partners to achieve a science-based outcome that protects oceans’ health.
• Although The Metals Company is headquartered in Canada, the Republic of Nauru is acting as their sponsoring state.
• Canada is negotiating for stronger transparency and accountability rules for contractors and sponsoring states. Companies and states looking to exploit seabed minerals will be subject to the regulations developed at the International Seabed Authority.