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S.M. 1991-92, c. 9: Table of Contents

S.M. 1991-92, c. 9

Bill 6, 2nd Session, 35th Legislature

The Mines and Minerals and Consequential Amendments Act

PART 1
INTERPRETATION AND APPLICATION
1(1) Definitions
(2) Regulations included
2(1) Object and purpose of Act
(2) Sustainable development
3(1) Application
(2) Definition
(3) Private minerals
4(1) Definition
(2) Reservation of minerals
(3) Disposition of rights
5 Crown bound
PART 2
ADMINISTRATION
DEPARTMENT
6(1) Establishment of department
(2) Departmental appointments by L.G. in C.
MINISTER
7(1) Appointments by minister
(2) Minister may enter into agreements
(3) Assistance agreements
(4) Annual report
8(1) Acquisition of land by Crown
(2) Minister may hold and manage land
MINES BRANCH
9 Establishment
DIRECTOR OF MINES
10(1) Duties of the director
(2) Acting director
INSPECTORS
11(1) Appointment of inspectors
(2) Powers of inspectors
(3) Cooperation with inspectors
(4) Notice by inspector for non-compliance
(5) Stop orders
(6) Identification cards
COMMISSIONERS
12 Appointment of commissioners
MINERAL MANAGEMENT AREAS
13 Mineral management area designations
WITHDRAWAL OF LAND
14(1) By order of minister
(2) Re-opening withdrawn mineral land
(3) Partial withdrawal or re-opening
(4) Effect of withdrawal
(5) Working on behalf of the Crown
(6) Disposition of withdrawn land
(7) Quarry mineral on withdrawn lands
EXTENSIONS OF TIME
15(1) Applications to minister
(2) Cash deposit may be required
(3) Cash deposit refundable
(4) Cash deposit forfeited
(5) Application 21 days before expiry
RELIEF FROM FORFEITURE
16(1) Application to minister
(2) Interests or rights again vested
CHIEF MINING RECORDER DEPUTY RECORDERS
17(1) Chief mining recorder
(2) Acting chief mining recorder, deputy recorders
OFFICE OF THE RECORDER
18(1) Office of the recorder
(2) Records and documents to be kept
(3) Records and documents open to public
(4) Certified copy of certificate may be provided
(5) Evidence of records, documents etc.
19 Note of order or decision on record
20 Maps to show withdrawn and reserved lands
CONFLICT OF INTEREST
21(1) Definitions
(2) Prohibition
(3) Government employees
(4) Exception
(5) Penalty
(6) Additional penalty
(7) Application for restitution
(8) Limitation period for application
CONFIDENTIAL INFORMATION
22(1) Prohibition
(2) Confidential information
(3) Experts and professionals
THE MINERALS RESEARCH ADVISORY COUNCIL
23(1) Council established
(2) Membership
(3) Role of council
(4) Powers of the council
(5) Council to consult with other groups
(6) Presiding member and deputy
(7) Term of office of council members
(8) Eligibility for re-appointment
(9) Remuneration and expenses
24(1) Rules of procedure
(2) Staff and contracts for services
25 Grants to the council
26(1) Annual report
(2) Special reports
ACTIONS IN GOOD FAITH
27 Protection
PART 3
THE MINING BOARD
28(1) Establishment of board
(2) Term of office
(3) Presiding member and deputy
(4) Remuneration and expenses
(5) Acting members
(6) Quorum
(7) Composition of quorum
(8) Deputy presiding member to act
(9) Appointment of another person in case of interest
(10) Secretary and staff
DUTIES AND POWERS OF THE MINING BOARD
29(1) Duties and powers of board
(2) Board to hear matters referred
(3) Board may decide on hearing
(4) Prompt decision on holding hearing
(5) Board to receive submissions
(6) Board hearings where minister requests
(7) Notice of hearing to all parties
(8) Board to hold public hearing
(9) Board may proceed in absence of a party
(10) Decision where no hearing held
(11) Decision where hearing held
(12) Board order
(13) Powers under The Evidence Act
(14) Section 88, The Evidence Act
30(1) Rules of practice and procedure
(2) Regulations Act does not apply
(3) Transcript of oral evidence
(4) Evidence under statutory declaration
(5) Record of proceedings before board
31(1) Orders filed with recorder, sent to parties
(2) Orders and judgments to be recorded
32 Board order final
33 Compensation and costs
34 Board order filed in Queen's Bench
35(1) Judicial Review
(2) Queen's Bench judge may stay proceedings
SERVICE OF NOTICES
36(1) Service of notice
(2) Effective date of service by mail
INSPECTIONS BY THE MINING BOARD
37(1) Inspections by the board
(2) Inspection report to be filed
(3) Copies of report
38(1) Expert assistance
(2) Expert's report to be filed
39 Operators and holders to assist
APPLICATIONS TO THE MINING BOARD
40(1) Application for determination
(2) Contents of application
41(1) Board may assist to resolve matter
(2) Board may proceed with application
42 Notice to Director of Crown Lands
43 Minister to produce papers and documents
44(1) Compliance with board decision
(2) Time fixed may be extended or abridged
PART 4
LICENCES AND PERMITS
DIVISION 1
PROSPECTING LICENCES
45(1) Prohibition
(2) Acting for corporation, partnership
(3) Unlicensed person may assist licensee
(4) Employees of the government
46(1) Who may apply for a licence
(2) Licence not transferable
(3) One licence only
47 Right of licensee to prospect
48 Licence lost or destroyed
49 Licence to be produced on demand
50(1) Licence may be suspended
(2) Prohibition on suspended licensee
(3) Reinstatement or revocation of licences
(4) Appeal to the board
(5) Appeal not to stay suspension or revocation
DIVISION 2
EXPLORATION PERMITS
51(1) Application for exploration permit
(2) Cash deposit refunded
(3) Effective date
52(1) Designation of restricted areas
(2) Exclusive right to explore
53(1) Required work
(2) Work in excess of required work
(3) Cash payment to maintain good standing
(4) Cash payment refundable
(5) Forfeiture to the Crown if deficiency remains
54(1) Exploration permit may be surrendered
(2) Cash deposit refunded on surrender
(3) Cash deposit forfeited
55(1) Permit area may be reduced in size
(2) Permit area may be converted to claim
(3) No reduction or conversion if work not done
56(1) Special exploration permits
(2) Designation of Crown lands
(3) Term and area, terms and conditions
57(1) Permit may be suspended
(2) Reinstatement or revocation of permits
(3) Appeal to the board
(4) Appeal not to stay suspension or revocation
DIVISION 3
AIRBORNE SURVEY LICENCES
58(1) Licence required for airborne surveys
(2) Application in accordance with the regulations
(3) Cash deposit refunded or returned
(4) Effective date of licence
(5) Airborne survey licence term: one year
(2) Report not open to the public
(3) Refund of cash deposit
(4) Forfeiture of cash deposit
60(1) Licence may be suspended
(2) Reinstatement or revocation of licences
(3) Appeal to the board
(4) Appeal not to stay suspension or revocation
PART 5
CLAIMS
DIVISION 1
STAKING AND RECORDING
61(1) Licensee may explore for minerals
(2) Unlimited claims, staking anytime
(3) Staking out in accordance with regulations
62 Notice to surface owner or occupant
63 Priority of claims
64(1) Filing of application to record
(2) Application to be filed within specified time
65(1) Application deemed to be recorded when filed
(2) Where deficiency remedied
66(1) Substantial compliance
(2) Compliance failure to be remedied
(3) No recording if compliance failure not remedied
(4) Order by recorder
67 Claim properly staked after 180 days
68(1) Procedure when application refused
(2) Referral of application not a dispute
(3) Director may hear applicant
(4) Director may accept or reject application
(5) Applicant may file a dispute
69 Assay coupons
70 Mineral discovery by department officer
71(1) Procedure for staking for Crown
(2) Claim entered as staked for the Crown
72 Disposal of claim staked for the Crown
DIVISION 2
RIGHTS AND CONDITIONS
73(1) Entitlement of a holder of a claim
(2) Boundary line limitation
(3) Placer deposit
74(1) Mineral access rights
(2) Filings before commencement of work
(3) Director may require changes
(4) No mining until changes accepted
(5) Duty of Director
75 Surrender of mineral access rights
76(1) Crown land surface rights
(2) Notice of hearing
77(1) Rights not conveyed
(2) Disposal by director
78 Prohibition
79 Term of a claim
80(1) Conditions for renewal of a claim
(2) Costs and charges may be disallowed
(3) Amendment of report may be required
DIVISION 3
GROUPING
81(1) Claims or claims and mineral leases
(2) Recorder to issue group certificate
(3) One group per year per claim or lease
(4) Deletion of claim or lease from group
(5) Deletion by lapse of claim or lease
(6) Deletion causing severance
(7) Where work performed and applied
(8) Group certificate
(9) Group not to exceed a certain size
DIVISION 4
REQUIRED WORK
82(1) Boundary lines and claim posts to be maintained
(2) Location of claim posts not to change
(3) Claim posts and markings to be restored
83(1) Excess work and expenditures
(2) Work may be credited
84(1) Payment instead of required work
(2) Payment returned if work performed
85 Delays not cause for lapse of claim
86 Certificate of acceptance
87(1) Proportionate contribution by co-holders
(2) Where co-holder fails to contribute
DIVISION 5
SURRENDER, EXPIRY CANCELLATION
88(1) Surrender of claim
(2) Notice of surrender
(3) Interest expires on recording of surrender
(4) Claim to be cancelled
(5) Surrender where dispute filed
89(1) Claim expires
(2) Misrepresentation
90(1) Sale of property on loss or surrender of claim
(2) Application of sale proceeds
91(1) Holder's right to property on a claim
(2) Reversion to Crown
92 Holder continues to be liable
DIVISION 6
DISPUTES
93(1) Dispute of recorded claim
(2) Requirements for notice of dispute
180 day limit does not apply
(3)
(4) Dispute not accepted a second time
94 Recorder to notify holder and board
95 Board may order record of claim cancelled
PART 6
DRILLING
96(1) Conditions
(2) Breach of the Act
(3) Drill holes through water
97(1) Borehole licence required
(2) Application for borehole licence
(3) Boreholes drilled at specified location
(4) Director may refuse to issue licence
98 Drill and abandon in accordance with regulations
99 Borehole licences may be cancelled
100(1) Licence may be suspended
(3) Appeal to the board
(4) Appeal not to stay suspension or revocation
101 Storage of drill core
PART 7
MINERAL LEASES
102(1) No mineral production without lease
(2) Quarry mineral production under Part 8
103(1) Issuance of mineral leases
(2) Mineral lease may be refused
(3) Prohibition on recording transfers
104 Application for a mineral lease
105(1) Surveyor may remove posts
(2) Surveyor to replace or renew posts or markers
106(1) Claim may be restaked
(2) Anniversary date of restaked claim
107(1) Area of mineral lease may be changed
(2) Mineral lease form
(3) Certification of filing and recording
108 What a mineral lease conveys
CONDITIONS
109(1) Boundaries of mineral lease area
(2) Annual rent
110(1) Term of mineral lease and renewal
(2) Renewal of non-productive mineral leases
(3) Conversion of cancelled mineral lease to claim
(4) Staking of claims under regulations
111(1) Mandatory filings before mining commences
(2) Acceptance by director before mining
(3) Director may require changes
(4) No mining until changes accepted
(5) Duty of Director
112 Reports, plans and returns to director
113 Report of work and expenditures
114 Boundary lines
115 Notice of intention to close mine
116 Prohibition against transfer of rights
117 Royalty reserve to Crown
118 Disposal of earth, rock, waste, refuse
119 No lease of claim unless liens released
120 Mandatory conditions in mineral leases
CANCELLATION, SURRENDER, EXPIRY, ABANDONMENT
121(1) Notice of inquiry to lessee
(2) Minister may apply remedies
(3) Mineral lease cancelled if order not obeyed
(4) Notice of cancellation
122(1) Misrepresentation, lessee insolvent, bankrupt
(2) Notice of cancellation
(3) Content of notice of cancellation
123(1) Reversion of cancelled mineral leases
(2) Disposal of mineral lease areas
124(1) Surrender of mineral lease
(2) Notice of intention to surrender mineral lease
(3) Counterpart mineral lease document lost
125 Reopening of mineral lease area
126(1) Seizure of property and ore
(2) Sale of property, application of proceeds
(3) Lessee rights to chattels and ore
(4) Lessee not owner of surface
(5) Abandoned ore belongs to Crown
127 Mineral lessee continues liable
PART 8
QUARRY MINERALS
128(1) Quarry permit or quarry lease
(2) Annual rent
(3) Non-aggregate quarry closure plan
129 No permit or lease if non compliance
130 Forfeiture
131 Waiving payments
132 Disposition by tender
QUARRY PERMITS
133(1) Application according to the regulations
(2) Director may issue a quarry permit
(3) Rental returned if application refused
(4) Effective date
(5) Where no permit to be issued
134 Permit holder to provide to recorder
135(1) Renewals
(2) Term of renewal is one year
(3) Area reduction in renewal term
136 No assignment or transfer of permit rights
137 Suspension, cancellation or non-renewal
138 Surrender of a quarry permit
QUARRY LEASES
139(1) Application for quarry lease
(2) Minister may issue quarry lease
(3) Application for conversion of permit
140(1) What a quarry lease conveys
(2) Boundaries of quarry lease area
(3) Survey of lease area may be required
141(1) Form and execution of quarry lease
(2) One lease document kept by lessee, other filed
(3) Certificate of filing and recording
142(1) Ten year term of quarry lease and renewals
(2) Renewal of non-productive quarry lease
(3) Application for renewal
143 Statutory conditions of quarry leases
PART 9
SURFACE RIGHTS USE OF LANDS
144(1) Cancellation of right to use surface of claim
(2) Subsequent mineral lease limited
145 Rights to surface in dispute
146(1) Compensation for damage to surface rights
(2) Exception
CROWN LAND
147(1) Entry upon and use of reserved Crown land
(2) Statutory approvals before entry on land
(3) Mineral access rights
(4) Least injurious use of surface
(5) Referral of dispute to board
148 Prior staking of claim
149(1) Holder may apply for surface lease
(2) Term of surface lease
(3) Restriction on transfer or assignment
150(1) Annual rent
(2) Forfeiture of surface lease rights
(3) Surface lease compliance failure
(4) Content of notice
(5) Ministerial order
(6) Cancellation of surface lease
(7) Notice of cancellation
(8) Content of notice of cancellation
151(1) Misrepresentation, insolvency, bankruptcy
(2) Notice of cancellation
(3) Content of notice of cancellation
152(1) Application for mineral access rights
(2) Board to hear application
153(1) Compensation for damages
(2) Application to board for compensation
(3) Board may order compensation or repairs
PRIVATE LAND
154(1) No entry without consent of owner or board
(2) Authorization filed with recorder
155(1) Application to board respecting surface rights
(2) Service of application
156 Application for immediate entry
157(1) Determination of rights and compensation
(2) Factors in determining compensation
158 No duplicate compensation
159 Re-hearing of application
USE OF LAND
160 Exploration not permitted
161 Mineral dispositions with consent of minister
162(1) Working minerals near pipeline
(2) Application for leave to work minerals
(3) Minister grants leave to work minerals
163 Permission to cut and use timber
164(1) Roads, highways and road allowances
(2) Subsection 164(1) not applicable
165(1) Rights of adjoining holders
(2) Right to public travel preserved
PART 10
POOLING
166(1) Effect of pooling agreement or order
(2) Deemed mineral production by tract
(3) Pooling is operating arrangement only
167 Operators to use unit operations
POOLING AGREEMENTS
168(1) Board approval of pooling agreement
(2) Agreement of royalty owners
(3) Operator acts for working interest owners
169(1) Crown as party to pooling agreement
(2) Crown royalty agreement
170 Crown minerals subject to pooling agreement
POOLING ORDERS
171 Hearing with regard to unit operation
172(1) Application for pooling order
(2) Application to include proposed plan
173(1) Board may make pooling order
(2) Provisions of order
(3) Additional pooling order provisions
174(1) Re-hearing of pooling application
(2) Amending pooling order
175(1) Mining operations in unit area
(2) Operator to comply with pooling order
PART 11
ROYALTIES
176(1) Royalty reserved to the Crown
(2) L.G. in C. prescribes royalty
(3) Royalties in kind
(4) Royalty exemption
(5) Royalty payment may be waived
(6) Calculation of royalty
177(1) Commingling of shares in minerals
(2) Royalty on basis of mineral product
178 Royalty due date
179(1) Recalculation of royalty
(2) Recalculation of interest
PART 12
COLLECTION
180 Royalties, rents, debts and other charges
181(1) Interest on debt
(2) Interest on refund
182(1) Debts to Crown a lien
(2) Priority of Crown
183 Certificate of default
184(1) Filing of certificate in court
(2) Costs of filing
PART 13
STATISTICAL RETURNS MINE PLANS
185(1) Operator to file annual return
(2) Annual return for exploration
(3) Monthly returns
(4) Access to information restricted
(6) Compilation of information
(7) Books and records to be available
186(1) Plans and records to be kept
(2) Production of plans and records
(3) Plans and records submitted annually
(4) Before suspension or closure of mine
(5) Plan and record confidential
(6) Section 22 applies
(7) Authorization of disclosure
PART 14
REHABILITATION
187 Definition
188(1) Proponent to carry out closure plan
(2) Private non-aggregate quarry closure plan
189(1) Progressive rehabilitation
(2) Discontinuance or closure of project
190 Annual report on rehabilitation work
191(1) Voluntary revisions to closure plan
(2) Mandatory revised closure plan
(3) Revised closure plan approval
(4) Director may require further revisions
192 Expansion or alteration by proponent
193(1) Rehabilitation on order of director
(2) Notice of order to proponent
(3) Use of security
194(1) Application for reduction of security
(2) Director may reduce security
195(1) Mine Rehabilitation Fund
(2) Mine rehabilitation reserve accounts
(3) Disbursements from Mine Rehabilitation Fund
(4) Disbursements charged against accounts
196(1) Registration of private aggregate quarries
(2) Thirty day grace period
(3) Minister may exempt aggregate quarry
197(1) Application for registration certificate
(2) No issuance of registration certificate
(3) Term of certificate, not transferable
198(1) Suspension or revocation
(2) Notice of refusal, suspension or revocation
199 Filing of annual return
200(1) Quarry mineral rehabilitation levy
(2) Hydro projects exempt
(3) Quarry rehabilitation reserve account
(4) Authority to pay from the reserve
(5) Expenditure commitment not to lapse
PART 15
PUBLIC SAFETY AND HAZARDOUS LANDS
201(1) Mining to be carried on in safe manner
(2) Protective measures during discontinuance
202(1) Dangerous condition
(2) Minister may correct condition
(3) Dangerous condition, owner unknown
203(1) Costs as debt to Crown
(2) Charging debt against deposit
204 Abandonment not to relieve debt
205 No interference with protective action
206(1) Designation of limited use
(2) Notice of designation
(3) Public disclosure
(4) Right to request a hearing
(5) Approved studies and tests
(6) Board advises minister on designation
(7) Revocation of designation by minister
207 Limited use land restrictions
PART 16
RECORDING OF INSTRUMENTS
208(1) Prerequisite for recording instruments
(2) Where executed by a corporation
209(1) Recording constitutes notice
(2) Recorder to record upon proof
(3) Priority according to time recorded
210(1) Recorder may order inspection
(2) Report of inspection
(3) Public examination of reports
(4) Hearing by director
(5) Cancellation of claim or quarry permit
(6) Appeal to the board
(7) Notice of cancellation to be posted
211(1) Misdescriptions, errors, fraud
(2) Original entry, endorsement preserved
(3) Correction retroactive
212(1) Trusts
(2) Executor, administrator or trustee under will
(3) No enquiry re powers of trustee holder
213(1) Copies of writs of execution can be filed
(2) Effect of recording
(3) Approval of Crown mineral land sales
(4) Execution of transfer and recording
(5) Keeping claim in good standing
(6) Discharge of execution
214(1) Address required on applications
(2) Service of a notice, order or document
(3) Service by posting in office of recorder
(4) Documents not to be filed unless in compliance
(5) Substituting new agent for service
(6) Second and subsequent substitutions
(7) General application of section
TRANSFERS
215(1) Transfer of mineral disposition or lease
(2) Recording of transfers
216(1) How transfer to be effected
(2) Transferee to receive copy of transfer
(3) Refusal to record a transfer
(4) Transfers by corporations
(5) Transferee becomes the holder
217(1) Options, mortgages, liens, etc.
(2) Cancellation of entry on the record
(3) Option and unconditional transfer
(4) Second option
218 Assignment under the Bank Act (Canada)
219 Recorded instrument is notice
220 Priority of interests
221(1) Transfer on death, bankruptcy, insolvency
(2) Additional documents
(3) Recorder to enter name of transferee
ADMINISTRATION OF ESTATES
222(1) Exemption on death or mental illness
(2) Three year limit
223(1) Period of exemption may be limited
(2) Minister may extend period of exemption
224(1) Forfeiture of interest
(2) Where estate a co-holder
225 Public Trustee may administer estate
226 Exemptions do not apply to co-holders
227 Failure of co-holder to perform work and pay fees
228(1) Estate transfer of mineral location
(2) Failure to record transfer
229(1) Recording of transfer where co-holders
(2) Effect of non-compliance
(3) Vesting of interest of co-holder
PART 17
REGULATIONS
230 By Lieutenant Governor in Council
PART 18
OFFENCES AND PENALTIES
231 Ex parte injunction application
232(1) Description of offences and penalties
(2) Fines
(3) Default of payment of fine
(4) Order to comply
233(1) Corporate officers, directors
(2) Liability of corporation not affected
(3) Constructive corporate acts
234 Further prosecution
235 Three year limitation on prosecution
236 Laying information
237(1) Director's certificate
(2) Reasonable notice
(3) Cross-examination on certificate
238 Remedies for enforcement
PART 19
TRANSITIONAL PROVISIONS C.C.S.M. REFERENCE
239 Definition
240 Ninety day grace period on new prospecting
241(1) Former Act claims deemed recorded
(2) Claim staked but not recorded
(3) Work commitment credited
(4) Work in lieu of cash payment under former Act
(5) Holder fails to perform work
242 Permits, airborne geophysical licences
243(1) Lease under former Act
(2) Holder fails to notify the recorder
(3) Provisions of this Act to apply
(4) Leases grouped by Order in Council
244 Casual permits, permissions to remove
245(1) Quarry leases or exploration permits
(2) Holder fails to notify the recorder
246(1) Lands or rights withdrawn continue withdrawn
(2) Agreements with Crown continue
247(1) Closure plans
(2) Work may continue pending approval
(3) Part 14 applies
248 C.C.S.M. reference
PART 20
REPEALS CONSEQUENTIAL AMENDMENTS
249 Repeals
250 C.C.S.M. c. B91, subsection 37(4) amended
251 C.C.S.M. c. C340, s. 1 amended
252 C.C.S.M. c. G40, subcl. 2(15)(d)(ii) amended
253 C.C.S.M. c. M190, section 14 amended
254 C.C.S.M. c. M195, subsection 1(1) amended
255 C.C.S.M. c. P20, subsection 12(2) amended
PART 21
COMING INTO FORCE
256 On proclamation