Regulating mineral exploration and development in Whitehorse is complex. While the Government of Yukon regulates mining activities through the Quartz Mining Act and Placer Mining Act, the City can guide land use through its Official Community Plan (OCP) and Zoning Bylaw. This includes identifying areas where certain activities — like mineral exploration and development — should or should not be allowed.

The City is engaging with residents, stakeholders and other governments to collect input on how mineral exploration and development should be regulated within city limits. The feedback received will be used to develop draft amendments to the OCP and Zoning Bylaw that will be brought forward for adoption through the regular Council process.

A survey is now open to share your perspectives on how mineral exploration and development should be regulated within city limits.

Background

The Yukon's Legislative Context

The Yukon Quartz Mining Act governs mineral exploration and development, and provides a framework for staking claims, permitting and regulations. Within City limits, the Municipal Act governs land use and surface activities associated with mineral exploration and development. The Quartz Mining Act and the Municipal Act both apply within the Whitehorse municipal boundaries; neither piece of legislation takes precedence.

Municipalities cannot restrict where mineral staking occurs, but can influence where and how mineral exploration and development happen through their planning and bylaw processes. The Whitehorse 2040 Official Community Plan (OCP) provides broad land use and development guidance. The OCP indicates where and under which conditions mineral exploration and development are allowed. The Zoning Bylaw provides further regulations for land development and use within the city.

In 2012, an Order-in-Council (OIC) was put in place by the Government of Yukon that prohibits mineral staking in most of the City of Whitehorse. New mineral claims are allowed in limited areas outside of the OIC, mainly along the western boundary of the municipality, in the Copper Belt. Existing claims, whether within the OIC or not, are grandfathered and do not expire if they are kept in good standing. Since it was created, the timelines and details of this OIC have been revised several times.

On June 19, 2025, the Government of Yukon announced the establishment of the Chasàn Chùa (McIntyre Creek) Territorial Park as well as a permanent prohibition of mineral staking has also been enacted in the park boundary.

Permitted activities in Whitehorse

Exploratory activities, such as drilling, are considered “development”, even if temporary, given that they change the landscape and require the occupation of lands under section 298(1) of the Municipal Act. These activities are a “use or change of use” of land under subsection 298(1) of the Municipal Act, which means that the requirement for a temporary development permit applies under the City’s Zoning Bylaw.

In the current OCP, mineral exploration and development is allowed in the Natural Resource Extraction land use designation as a permitted use. In the Industrial land use designation, rock, sand and topsoil quarries are permitted but only as an interim (i.e., temporary) use. Mineral exploration and mining are allowed under the Zoning Bylaw in the Natural Resource Extraction zone as a principal use and in the Industrial – Quarries zone as a conditional use.

The Natural Resource Extraction and Industrial – Quarries zones allow the consideration of these uses through a standard development permit approval process. An applicant may apply for a temporary development permit for mineral exploration within any zone, provided that such development or use is not contrary to the OCP. Due to this, mineral exploration is not permitted in any Future Planning Areas designation as the OCP requires the preservation of these areas.

Current status

Over the last few years, the City has received several applications for exploration projects, mainly in the Copper Belt area. Several of these operations have been permitted and exploration is ongoing at several sites.

The City’s Official Community Plan (OCP) and Zoning Bylaw provide guidance about where mineral exploration and development activities are allowed, but there is a need for greater clarity about how these activities are permitted. The City would like to develop regulations that reflect community values and goals, and which provide clear guidance to claims holders and the public.

To gather input, the City has launched a survey so that the public can provide perspectives on how mineral exploration and development could be regulated within city limits.

The feedback received will be used to develop draft proposed changes to the OCP and Zoning Bylaw that would increase certainty around mineral exploration and development activities in Whitehorse.

Complete the survey here - open until July 25.