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Second Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 42

THE MINES AND MINERALS AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. M162 amended

1           The Mines and Minerals Act is amended by this Act.

2           Subsection 3(3) is amended by striking out "section 81" and substituting "sections 81 and 81.1".

3(1)        Subsection 81(1) is amended by adding "and section 81.1" after "In this section".

3(2)        Subsections 81(2) and (3) of the English version are amended by striking out "subsection (1)" and substituting "subsection (1.1)".

4           The following is added after section 81:

Grouping in prescribed area

81.1(1)     A holder of a claim or claims located in a prescribed area of the province may, on application to the recorder,

(a) group the claims together; or

(b) group the claim or claims together with one or more mineral leases or private mineral interests that are also located in the prescribed area;

for the purpose of crediting work completed on one of the claims, private mineral interests or mineral leases to one or more of the other claims in the group.

Applicable provisions

81.1(2)     Subsections 81(2), (3), (5), (7), (8) and (9) apply to a grouping under this section, with necessary modifications.

Interpretation

81.1(3)     For the purpose of applying subsection (2), a reference to claims and mineral leases in any of the cited provisions of section 81 is to be read as a reference to claims, mineral leases and private mineral interests.

5(1)        Subsection 185(2) is repealed.

5(2)        Subsections 185(4), (5), (6) and (7) are amended by striking out "subsection (1), (2) or (3)" and substituting "subsection (1) or (3)".

6           Subsection 200(4) is replaced with the following:

Quarry rehabilitation agreements and costs

200(4)      The minister may

(a) enter into agreements with persons to rehabilitate lands on which a quarry is located; and

(b) make expenditures from the Quarry Rehabilitation Reserve Account to pay for costs associated with rehabilitating lands on which quarries are located, including salaries and other expenses of the government in administering the quarry rehabilitation program.

7           Section 230 is amended by replacing clause (p.1) with the following:

(p.1) respecting the maximum size of a grouping for the purposes of sections 81 and 81.1;

(p.2) prescribing areas of the province for the purposes of subsection 81.1(1);

Coming into force

8           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill makes several amendments to The Mines and Minerals Act.

The Bill allows the holder of a claim in a designated area of the province to group that claim with other interests held by that person in the designated area so that work performed on those other interests may be credited against a claim in the group to keep it in good standing.  It allows administrative and other expenses arising out of the rehabilitation of quarry lands to be paid from the Quarry Rehabilitation Reserve Account.  A provision imposing a reporting requirement is repealed.