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The Mines and Minerals Amendment Act

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S.M. 1995, c. 17

The Mines and Minerals Amendment Act

(Assented to November 3, 1995)

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 1(1) is amended

(a) in the definition "aggregate", by striking out "gravel and crushed stone or rock" and substituting "gravel, clay, crushed stone and crushed rock";

(b) by repealing the definitions "borehole", "holder", "licensee", "production" and "proponent" and substituting the following in alphabetical order:

"borehole" means a hole that is made in the surface of the ground by drilling or boring and that, for the purpose of exploring for minerals or gathering scientific information, penetrates Phanerozoic rock formations situated above Precambrian rock formations, and does not include a well; (« trou de sonde »)

"holder" means, in relation to a mineral disposition or a lease that is recorded, the person shown in the records of the recorder as the holder of the mineral disposition or lease, and does not include a person who holds an interest in a mineral disposition or a lease as security for a debt; (« titulaire »)

"licensee" means a holder of a prospecting licence issued under Division 1 of Part 4 and does not include a holder of an airborne survey licence issued under Division 3 of Part 4; (« titulaire de permis »)

"production" means the extraction, recovery or removal of a mineral or mineral product, for the purpose of sale, barter or stockpiling, from

(a) a mine, a parcel of land or land that is the subject of a mineral disposition or a lease, or

(b) land that is authorized under the regulations as a location for the operation of an aggregate quarry; (« production »)

"proponent" means an operator of a project or a person who proposes to operate a project; (« promoteur »)

(c) in the definition "lease", by striking out ", other than in sections 149, 150 and 151,";

(d) in the part preceding clause (a) in the definition "operator", by striking out ", operates a mine" and substituting "or the holder of a quarry permit or registration certificate, operates a mine,";

(e) in clause (b) in the definition "quarry mineral", by adding ", metalloid" after "metal".

(f) in the definition "recorder", by striking out "means the Chief Mining Recorder and, unless the context otherwise indicates, includes" and substituting "includes the Chief Mining Recorder,";

(g) by adding the following definition in alphabetical order:

"registration certificate" means a certificate issued under section 197 to authorize the operation of an aggregate quarry; (« certificat d'enregistrement »)

(h) in the English version of the definition "required work", by striking out "minimal" and substituting "minimum".

3            Section 4, as enacted by S.M. 1991-92, c. 9, and as amended by subsection 19(2) of S.M. 1992, c.58  is repealed and the following is substituted:

Mineral dispositions and leases

4            A mineral disposition or a lease, including mineral access rights, may be issued only in accordance with this Act.

4            Subsection 7(4) is amended by striking out "no later than the 30th day of June" and substituting "no later than September 30 in".

5(1)         Subsection 11(2) is amended by adding the following after clause (g):

(h) after giving a receipt for documentation referred to in clause (d), remove the documentation for the purpose of making copies;

5(2)         Subsection 11(4) is amended by striking out "shall give the person notice of the non-compliance and shall require" and substituting "may give the person notice of the non-compliance and may require".

6            The section heading for subsection 15(1) of the English version is repealed and "Minister may grant extension of time" is substituted.

7            Subsection 18(2) is amended

(a) in clause (a), by striking out "written" and substituting "permanent"; and

(b) in clause (b), by striking out ", mineral leases, and quarry leases" and substituting "and leases".

8            Section 21 and the heading "CONFLICT OF INTEREST" preceding it are repealed.

9            The section heading for subsection 35(1) is repealed and "Appeal of board order" is substituted.

10           Subsection 54(3) is amended by striking out "60 days" and substituting "90 days".

11          Subsection 61(1) of the English version is amended in the part preceding clause (a) by striking out "claim on, in or under" and substituting "claim on".

12           The section heading for the English version of subsection 68(3) is amended by striking out "may" and substituting "to".

13           Subsection 80(1) is amended by striking out "was recorded" and substituting "was staked".

14           Subsection 81(1) is amended by striking out "or mineral leases in the group." and substituting "in the group."

15(1)       Subsection 84(2) of the English version is amended by striking out "done" and substituting "performed".

15(2)       The following is added after subsection 84(2):

Payment forfeited if work not performed

84(3)        The payment made by the holder under subsection (1) for a renewal is forfeited to the Crown if the required work is not performed and reported on or before the fifth anniversary of the date on which the payment is made.

Holder may be exempted from required work

84(4)       The director may, on application by the holder of a claim on or before the anniversary date of the recording of the claim, grant an exemption from performing some or all required work where the director is satisfied by the holder that the holder is unable to gain access to the claim to perform required work owing to a forest fire or other special circumstances beyond the control of the holder.

16           Subclause 104(d)(ii) is amended by adding "application fee and" after "prescribed".

17           Subsection 107(1) of the English version is amended by striking out "the minister determines, approve the application." and substituting "he or she may determine, approve the proposed change."

18(1)       Subsection 109(2) is amended by striking out "on or before each anniversary" and substituting "no later than 30 days after the anniversary".

18(2)       The following is added after subsection 109(2):

Forfeiture of rights under mineral lease

109(3)      A mineral lessee who fails to comply with subsection (2) forfeits his or her rights under the mineral lease.

19(1)       The following is added after subsection 110(2):

Mineral lessee may convert lease to claim

110(2.1)    Subject to subsection (3), a mineral lessee may at any time during the term of the lease convert all or part of the lease to one or more claims.

19(2)        Subsection 110(4) is repealed and the following is substituted:

Mineral lessee to stake claims

110(4)      A mineral lessee who converts a lease under subsection (2.1) or (3) shall stake the claim or claims in accordance with the regulations.

20          Subsection 124(2) of the English version is amended by striking out "terminates" and substituting "is cancelled".

21           The following is added after subsection 126(5):

Abandoned residue belongs to Crown

126(6)      Where residue resulting from the mining or treatment of ore under a mineral lease cancelled under section 121, 122 or 124 remains on the mineral lands one year after the day the lease is cancelled, the residue is deemed abandoned by the lessee and thereafter belongs to, and is owned by, the Crown.

22           Section 127 is amended by renumbering it as subsection 127(1) and by adding the following as subsection 127(2):

Rehabilitation of land worked before April 1, 1992

127(2)      Where rehabilitation of land is required in respect of work performed on the land before April 1, 1992 under a mineral lease that expired or was surrendered or cancelled before that date,

(a) the person who held the mineral lease is as liable for the rehabilitation as he or she would have been if this Act had not been enacted; and

(b) notwithstanding clause (1)(b), where the land or any part of the land is staked and recorded under this Act on or after April 1, 1992, the holder of the claim or of a mineral lease issued in respect of the land or any part of the land is not, subject to clause (a), liable under this Act for the rehabilitation.

23           Section 129 is repealed and the following is substituted:

No permit or lease if contravention

129         Where a person has contravened this Act and the person has been given notice by an inspector of the contravention,

(a) the person shall not be granted a quarry lease or issued a quarry permit under this Act;

(b) the director shall not consent under section 136 to an assignment or transfer of a quarry permit to the person; and

(c) the recorder shall not record a transfer of a quarry lease to the person under subsection 215(2);

for as long as the contravention continues.

24           Section 130 is amended by striking out "charge" and substituting "levy".

25(1)       Subsection 139(2) is amended by adding "or (3)" after "subsection (1)".

25(2)       The following is added after subsection 139(2):

Area of quarry lease may be changed

139(2.1)    A quarry lessee may apply to the minister to reduce, subdivide, amalgamate or enlarge the area covered by the lease and, upon good cause being shown by the holder, the minister may approve the application on such terms and conditions as the minister considers appropriate.

26           Clause 140(1)(a) is amended by striking out "in place on, in or under" and substituting "on or under".

27(1)       Subsection 147(1) is amended by striking out "A licensee" and substituting "Subject to subsection (2), a person".

27(2)       Subsection 147(2) is amended by striking out "a licensee shall first" and substituting "a person shall".

28(1)       Subsection 149(1) is amended by striking out "director" and substituting "minister".

28(2)       The following is added after subsection 149(1):

Minister may grant surface lease

149(1.1)    On receipt of an application under subsection (1), the minister may, subject to subsection (2), grant a surface lease on such terms and conditions as the minister considers necessary or advisable.

28(3)        Subsection 149(2) is amended by striking out "under subsection (1)".

29(1)       Subsection 150(1) is amended

(a) by renumbering it as section 150; and

(b) by adding "30 days after" after "no later than".

29(2)       Subsection 150(2) is repealed and the following is substituted:

Forfeiture of rights under surface lease

150.1       The rights of the holder of a surface lease are forfeited if the holder fails to comply with any provision of this Act or any term or condition of the surface lease.

29(3)       Subsection 150(3) is amended by renumbering it as subsection 150.2(1).

29(4)       Subsection 150(4) is amended

(a) by renumbering it as subsection 150.2(2); and

(b) by striking out "subsection (3)" and substituting "subsection (1)".

29(5)       Subsection 150(5) is amended

(a) by renumbering it as subsection 150.2(3); and

(b) in the part preceding clause (a), by striking out "Upon completion of an inquiry under subsection (4), the minister may, where satisfied" and substituting "The minister shall conduct an inquiry on the date and at the time and place set out in the notice, and may, where he or she is satisfied".

29(6)        Subsection 150(6) is amended

(a) by renumbering it as subsection 150.2(4); and

(b) by striking out "clause (5)(b)" and substituting "subsection (3)".

29(7)       Subsection 150(7) is amended

(a) by renumbering it as subsection 150.2(5); and

(b) by striking out "subsection (6)" and substituting "subsection (4)".

29(8)        Subsection 150(8) is amended

(a) by renumbering it as subsection 150.2(6); and

(b) by striking out "subsection (7)" and substituting "subsection (5)".

30           Section 160 is amended

(a) by repealing the section heading and substituting "Lands on which exploration and staking prohibited"; and

(b) in clause (b), by adding ", subject to clause 61(1)(b)," after "that".

31           Section 161 is amended

(a) by repealing the section heading and substituting "Application for mineral disposition or lease";

(b) in the part preceding clause (a), by adding "or a lease" after "mineral disposition"; and

(c) by striking out "or" at the end of clause (b), by adding "or" at the end of clause (c) and by adding the following after clause (c):

(d) occupied in accordance with this Act for the purpose of mining for minerals other than minerals that are the subject of the application.

32           Section 180 is amended

(a) by repealing the section heading and substituting "Charges are recoverable as debt to Crown";

(b) by adding "levy," after "a royalty,"; and

(c) by adding " levy," after "the royalty,".

33           Subsection 181(2) is amended

(a) by adding "levy," after "a royalty,"; and

(b) by striking out "shall" and substituting "may".

34           Section 183 is amended

(a) by adding "levy," after "a royalty,"; and

(b) by adding "levy," after "the royalty,".

35(1)       Subsection 185(1) is amended by striking out "February 25" and substituting "January 31 in".

35(2)       Subsection 185(2) is amended

(a) by striking out "February 25" and substituting "January 31 in";

(b) in the English version, by striking out "his or her exploration expenditures of the person" and substituting "the exploration expenditures of the holder"; and

(c) in the English version, by striking out "as required" and substituting "as are required".

36           Subsection 186(3) is amended by striking out "February 25 each year, showing the workings of the mine as of December 31 preceding." and substituting "January 31 in each year, showing the workings of the mine as of December 31 of the previous year."

37           Subsection 200(4) is amended in the part preceding clause (a) by striking out ", with the approval of the Lieutenant Governor in Council,".

38(1)        Subsection 210(2) of the English version is amended by striking out "investigation" and substituting "inspection".

38(2)       The section heading for subsection 210(3) is repealed and "Recorder to provide certified copy of report" is substituted.

38(3)        Subsection 210(5) is amended by striking out "permit and by certified mail shall immediately notify the holder of the cancellation." and substituting "permit, and immediately serve notice of the cancellation on the holder in accordance with section 214."

38(4)       Subsection 210(6) is amended by striking out ", no later than the 30th day following the day of mailing of notification under subsection (5), by application under subsection 40(1)." and substituting "by an application filed not later than 30 days after the day the holder is served with the notice of cancellation."

39(1)       Subsection 213(1) is amended by striking out "or bailiff" wherever it occurs.

39(2)       Subsection 213(2) is amended by striking out "or bailiff".

39(3)       Subsection 213(4) is amended by striking out "or bailiff" wherever it occurs.

39(4)       Subsections 213(5) and (6)  are amended by striking out "sherriff or bailiff" and substituting "sheriff".

40           Subsection 215(1) is amended by striking out "Subject to section 116, the" and substituting "The".

41          Subsection 216(1) is amended

(a) in the part preceding clause (a) of the English version, by striking out "or lease" and substituting "or a lease";

(b) in the part of clause (e) preceding subclause (i), by striking out "mineral"; and

(c) in subclause (e)(ii), by striking out "mineral".

42           Section 219 is repealed.

43(1)       Clause 221(1)(b) is amended by striking out "mineral".

43(2)       Subsection 221(3) is repealed and the following is substituted:

Recorder to record certain information

221(3)      The recorder shall record the name of the person entitled under a transfer to a mineral disposition or a lease or to an interest in a mineral disposition or a lease, upon receipt of

(a) a statutory declaration;

(b) in the case of a lease, a consent under clause (1)(b); and

(c) the documents described in clause (2)(b).

44           Section 230 is amended

(a) in clause (h) of the English version, by striking out "dues" and substituting "levies"; and

(b) in clause (ee), by striking out "reclamation" and substituting "rehabilitation".

45           Subsection 237(1) is repealed and the following is substituted:

Director's certificate

237(1)      In a prosecution or other proceeding under this Act, a certificate purporting to be signed by the director certifying as to any matter of record in the director's office is admissible in evidence without proof of the director's appointment, authority or signature.

46           The following is added after subsection 243(4):

Instrument recorded under former Act

243(5)      An instrument that was recorded against a mineral disposition or a lease under the former Act is deemed to be recorded under this Act on April 1, 1992 if the mineral disposition or lease was in good standing under the former Act on March 31, 1992.

Validation of recorded instruments

47           An instrument referred to in subsection 243(5), as enacted by section 46 of this Act, is not invalid by reason only that subsection 243(5) was not in force on April 1, 1992 and is as valid as it would have been if subsection 243(5) had been in force on that day, and no person may challenge the instrument on the grounds that subsection 243(5) was not in force before the coming into force of this Act.

Coming into force

48(1)       This Act, except section 22, comes into force on the day it receives royal assent.

Coming into force: section 22

48(2)       Section 22 is retroactive and is deemed to have come into force on April 1, 1992.