C.C.S.M. c. M162
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| PART 1
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| INTERPRETATION AND APPLICATION
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| 1
| (1)
| Definitions
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|
| (2)
| Regulations included
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| 2
| (1)
| Object and purpose of Act
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|
| (2)
| Sustainable development
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| 3
| (1)
| Application
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|
| (2)
| Definition
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|
| (3)
| Private minerals
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| 4
|
| Mineral dispositions and leases
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| 5
|
| Crown bound
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| PART 2
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| ADMINISTRATION
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| DEPARTMENT
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| 6
| (1)
| Establishment of department
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|
| (2)
| Departmental appointments by L.G. in C.
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|
| (3)
| Administrative appointments
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| MINISTER
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| 7
| (1)
| Repealed
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|
| (2)
| Minister may enter into agreements
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|
| (3)
| Assistance agreements
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|
| (4)
| Annual report
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| 8
| (1)
| Acquisition of interests in land by Crown
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|
| (2)
| Minister may hold and manage interests
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| MINES BRANCH
|
| 9
|
| Establishment
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| DIRECTOR OF MINES
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| 10
| (1)
| Duties of the director
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|
| (2)
| Acting director
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| INSPECTORS
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| 11
| (1)
| Appointment of inspectors
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|
| (2)
| Powers of inspectors
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|
| (3)
| Cooperation with inspectors
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|
| (4)
| Notice by inspector for non-compliance
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|
| (5)
| Stop orders
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|
| (6)
| Identification cards
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| COMMISSIONERS
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| 12
|
| Appointment of commissioners
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| MINERAL MANAGEMENT AREAS
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| 13
|
| Mineral management area designations
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| WITHDRAWAL OF LAND
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| 14
| (1)
| By order of minister
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|
| (2)
| Re-opening withdrawn mineral land
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|
| (3)
| Partial withdrawal or re-opening
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|
| (4)
| Effect of withdrawal
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|
| (5)
| Working on behalf of the Crown
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|
| (6)
| Disposition of withdrawn land
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|
| (7)
| Quarry mineral on withdrawn lands
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| EXTENSIONS OF TIME
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| 15
| (1)
| Minister may grant extension of time
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|
| (2)
| Cash deposit may be required
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|
| (3)
| Cash deposit refundable
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|
| (4)
| Cash deposit forfeited
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|
| (5)
| Application 21 days before expiry
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| RELIEF FROM FORFEITURE
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| 16
| (1)
| Application to minister
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|
| (2)
| Interests or rights again vested
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| RECORDER
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| 17
| (1)
| Recorder
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|
| (2)
| Acting recorder
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|
| (3)
| Delegation of powers
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| OFFICE OF THE RECORDER
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| 18
| (1)
| Office of the recorder
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|
| (2)
| Records and documents to be kept
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|
| (3)
| Records and documents open to public
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|
| (4)
| Certified copy of certificate may be provided
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|
| (5)
| Evidence of records, documents etc.
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| 19
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| Note of order or decision on record
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| 20
|
| Maps to show withdrawn and reserved lands
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| 21
|
| Repealed
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| CONFIDENTIAL INFORMATION
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| 22
| (1)
| Prohibition
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|
| (2)
| Confidential information
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|
| (3)
| Experts and professionals
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| THE MINERALS RESEARCH ADVISORY COUNCIL
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| 23
| (1)
| Council established
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|
| (2)
| Membership
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|
| (3)
| Role of council
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|
| (4)
| Powers of the council
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|
| (5)
| Council to consult with other groups
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|
| (6)
| Presiding member and deputy
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|
| (7)
| Term of office of council members
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|
| (8)
| Eligibility for re-appointment
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|
| (9)
| Remuneration and expenses
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| 24
| (1)
| Rules of procedure
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|
| (2)
| Staff and contracts for services
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| 25
|
| Grants to the council
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| 26
| (1)
| Annual report
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|
| (2)
| Special reports
|
| ACTIONS IN GOOD FAITH
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| 27
|
| Protection
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| PART 3
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| THE MINING BOARD
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| 28
| (1)
| Establishment of board
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|
| (2)
| Term of office
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|
| (3)
| Presiding member and deputy
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|
| (4)
| Remuneration and expenses
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|
| (5)
| Acting members
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|
| (6)
| Quorum
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|
| (7)
| Composition of quorum
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|
| (8)
| Deputy presiding member to act
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|
| (9)
| Appointment of another person in case of interest
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|
| (10)
| Secretary and staff
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| DUTIES AND POWERS OF THE MINING BOARD
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| 29
| (1)
| Duties and powers of board
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|
| (2)
| Board to hear matters referred
|
|
| (3)
| Board may decide on hearing
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|
| (4)
| Prompt decision on holding hearing
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|
| (5)
| Board to receive submissions
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|
| (6)
| Minister may request hearing
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|
| (7)
| Notice of hearing to all parties
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|
| (8)
| Board to hold public hearing
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|
| (9)
| Board may proceed in absence of a party
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|
| (10)
| Decision where no hearing held
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|
| (11)
| Decision where hearing held
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|
| (12)
| Board order
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|
| (13)
| Powers under The Evidence Act
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|
| (14)
| Section 88, The Evidence Act
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| 30
| (1)
| Rules of practice and procedure
|
|
| (2)
| Regulations Act does not apply
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|
| (3)
| Transcript of oral evidence
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|
| (4)
| Evidence under statutory declaration
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|
| (5)
| Record of proceedings before board
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| 31
| (1)
| Orders filed with recorder, sent to parties
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|
| (2)
| Recording of orders and judgments
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| 32
|
| Board order final
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| 33
|
| Compensation and costs
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| 34
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| Board order filed in Queen's Bench
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| 35
| (1)
| Appeal of board order
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|
| (2)
| Queen's Bench judge may stay proceedings
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| SERVICE OF NOTICES
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| 36
| (1)
| Service of notice
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|
| (2)
| Effective date of service by mail
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| INSPECTIONS BY THE MINING BOARD
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| 37
| (1)
| Inspections by the board
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|
| (2)
| Inspection report to be filed
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|
| (3)
| Copies of report
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| 38
| (1)
| Expert assistance
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|
| (2)
| Expert's report to be filed
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| 39
|
| Operators and holders to assist
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| APPLICATIONS TO THE MINING BOARD
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| 40
| (1)
| Application for determination
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|
| (2)
| Contents of application
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| 41
| (1)
| Board assistance in settlement
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|
| (2)
| Board may proceed with application
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| 42
|
| Notice to Director of Crown Lands
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| 43
|
| Minister to produce papers and documents
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| 44
| (1)
| Compliance with board decision
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|
| (2)
| Time fixed may be extended or abridged
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| PART 4
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| LICENCES
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| DIVISION 1
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| PROSPECTING LICENCES
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| 45
| (1)
| Requirement for prospecting licence
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|
| (2)
| Acting for corporation, partnership
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|
| (3)
| Unlicensed person may assist licensee
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|
| (4)
| Employees of the government
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| 46
| (1)
| Who may apply for a licence
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|
| (2)
| Licence not transferable
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|
| (3)
| One licence only
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| 47
|
| Right of licensee to prospect
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| 48
|
| Licence lost or destroyed
|
| 49
|
| Licence to be produced on demand
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| 50
| (1)
| Licence may be suspended
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|
| (2)
| Prohibition on suspended licensee
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|
| (3)
| Reinstatement or revocation of licences
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|
| (4)
| Appeal to the board
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|
| (5)
| Appeal not to stay suspension or revocation
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| DIVISION 2
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| MINERAL EXPLORATION LICENCES
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| 51
| (1)
| Application for mineral exploration licence
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|
| (2)
| Cash deposit refunded
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|
| (3)
| Effective date
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|
| (4)
| Renewal
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| 52
| (1)
| Designation of restricted areas
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|
| (2)
| Exclusive right to explore
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|
| (3)
| Mineral access rights
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| 53
| (1)
| Required work
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|
| (2)
| Work in excess of required work
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|
| (3)
| Cash payment to maintain good standing
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|
| (4)
| Cash payment refundable
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|
| (5)
| Forfeiture to the Crown if deficiency remains
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| 54
| (1)
| Licence may be surrendered
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|
| (2)
| Cash deposit refunded on surrender
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|
| (3)
| Cash deposit forfeited
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| 55
| (1)
| Licence area may be reduced
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|
| (2)
| Licence area converted to claim
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|
| (3)
| No reduction or conversion if work not done
|
|
| (4)
| Excess credits may be applied to claim
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| 56
|
| Repealed
|
| 57
| (1)
| Licence may be suspended
|
|
| (2)
| Reinstatement or revocation of licence
|
|
| (3)
| Appeal to the board
|
|
| (4)
| Appeal not to stay suspension or revocation
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| PART 4.1
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| AIRBORNE SURVEYS
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| 58
| (1)
| Definition
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|
| (2)
| Notice to director
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| 59
| (1)
| Reporting airborne survey results
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|
| (2)
| Confidentiality period
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|
| (3)
| Extension of confidentiality period
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|
| (4)
| Additional extension of confidentiality period
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|
| (5)
| Termination of confidentiality period
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| 60
|
| Repealed
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| PART 5
|
| CLAIMS
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| DIVISION 1
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| STAKING AND RECORDING
|
| 61
| (1)
| Licensee may explore for minerals
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|
| (2)
| Unlimited claims, staking anytime
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|
| (3)
| Staking out in accordance with regulations
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| 62
|
| Notice to surface owner or occupant
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| 63
|
| Priority of claims
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| 64
| (1)
| Filing of application to record
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|
| (2)
| Application to be filed within specified time
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| 65
| (1)
| Application deemed to be recorded when filed
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|
| (2)
| Where deficiency remedied
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| 66
| (1)
| Substantial compliance
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|
| (2)
| Compliance failure to be remedied
|
|
| (3)
| No recording if compliance failure not remedied
|
|
| (4)
| Order by recorder
|
| 67
| (1)
| Claim deemed to be properly staked after 180 days
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|
| (2)
| Exception re fraud
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| 67.1
| (1)
| Corrective restaking
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|
| (2)
| Application for corrective restaking
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|
| (3)
| Decision of director
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|
| (4)
| Time fixed by director
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|
| (5)
| Claim to be restaked in accordance with regulations
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|
| (6)
| Effect of recording
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| 68
| (1)
| Procedure when application refused
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|
| (2)
| Referral of application not a dispute
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|
| (3)
| Director to hear applicant
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|
| (4)
| Director may accept or reject application
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|
| (5)
| Applicant may file a dispute
|
| 69
|
| Assay coupons
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| 70
|
| Mineral discovery by department officer
|
| 71
| (1)
| Procedure for staking for Crown
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|
| (2)
| Claim entered as staked for the Crown
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| 72
|
| Disposal of claim staked for the Crown
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| DIVISION 2
|
| RIGHTS AND CONDITIONS
|
| 73
| (1)
| Entitlement of a holder of a claim
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|
| (2)
| Boundary line limitation
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|
| (3)
| Placer deposit
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| 74
| (1)
| Mineral access rights
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|
| (2)
| Filings before commencement of work
|
|
| (3)
| Director may require changes
|
|
| (4)
| No mining until changes accepted
|
|
| (5)
| Duty of Director
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| 75
|
| Surrender of mineral access rights
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| 76
| (1)
| Crown land surface rights
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|
| (2)
| Notice of hearing
|
| 77
| (1)
| Rights not conveyed
|
|
| (2)
| Disposal by director
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| 78
|
| Prohibition
|
| 79
|
| Term of a claim
|
| 80
| (1)
| Conditions for renewal of a claim
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|
| (2)
| Costs and charges may be disallowed
|
|
| (3)
| Amendment of report may be required
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| DIVISION 3
|
| GROUPING
|
| 81
| (1)
| "Claim" includes patented mining claim
|
|
| (1.1)
| Claims or claims and mineral leases
|
|
| (2)
| Recorder to issue group certificate
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|
| (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
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|
| (9)
| Maximum size
|
| 81.1
| (1)
| Grouping in prescribed area
|
|
| (2)
| Applicable provisions
|
|
| (3)
| Interpretation
|
| 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
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| 83
| (1)
| Excess work and expenditures
|
|
| (2)
| Work may be credited
|
| 84
| (1)
| Payment for unperformed required work
|
|
| (2)
| Payment returned if work performed
|
|
| (3)
| Payment forfeited if work not performed
|
|
| (4)
| Holder may be exempted from required work
|
| 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
|
|
| (2)
| Reinstatement or revocation
|
|
| (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
|
|
| (3)
| Forfeiture of rights under mineral lease
|
| 110
| (1)
| Term of mineral lease and renewal
|
|
| (2)
| Renewal of non-productive mineral leases
|
|
| (2.1)
| Mineral lessee may convert lease to claim
|
|
| (3)
| Conversion of cancelled mineral lease to claim
|
|
| (4)
| Mineral lessee to stake claims
|
| 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
| (1)
| Report of exploration work
|
|
| (2)
| Reports to director
|
|
| (3)
| No need to cover development and production work
|
| 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
|
|
| (6)
| Abandoned residue belongs to Crown
|
| 127
| (1)
| Mineral lessee continues liable
|
|
| (2)
| Rehabilitation of land worked before April 1, 1992
|
| PART 8
|
| QUARRY MINERALS
|
| 128
| (1)
| Quarry permit or quarry lease
|
|
| (2)
| Annual rent
|
|
| (3)
| Non-aggregate quarry closure plan
|
| 128.1
| (1)
| Moratorium on permits or leases for peat and peat moss
|
|
| (2)
| Moratorium applies to pending applications
|
|
| (3)
| Regulations
|
| 129
|
| No permit or lease if contravention
|
| 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
|
|
| (2.1)
| Area of quarry lease may be changed
|
|
| (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
|
|
| (1.1)
| Minister may grant surface lease
|
|
| (2)
| Term of surface lease
|
|
| (3)
| Restriction on transfer or assignment
|
| 150
|
| Annual rent
|
| 150.1
|
| Forfeiture of rights under surface lease
|
| 150.2
| (1)
| Surface lease compliance failure
|
|
| (2)
| Content of notice
|
|
| (3)
| Ministerial order
|
|
| (4)
| Cancellation of surface lease
|
|
| (5)
| Notice of cancellation
|
|
| (6)
| 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
|
| Lands on which exploration and staking prohibited
|
| 161
| (1)
| Application for mineral disposition or lease
|
|
| (2)
| Application for consent of minister
|
|
| (3)
| Where application is refused
|
| 162
| (1)
| Working minerals near pipeline
|
|
| (2)
| Application for leave to work minerals
|
|
| (3)
| Minister grants leave to work minerals
|
| 163
|
| Repealed
|
| 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
|
| 179.1
| (1)
| Definition of "reserve"
|
|
| (2)
| No entitlement by Crown
|
| PART 12
|
| COLLECTION
|
| 180
|
| Charges are recoverable as debt to Crown
|
| 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)
| Repealed
|
|
| (3)
| Monthly returns
|
|
| (4)
| Access to information restricted
|
|
| (5)
| Section 22 applies
|
|
| (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
|
|
| (2.1)
| Investment earnings to be credited to account
|
|
| (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)
| Quarry rehabilitation agreements and costs
|
|
| (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)
| Recorder to provide certified copy of report
|
|
| (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 lease or mineral disposition
|
|
| (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 of Bank Act (Canada) interest
|
| 219
|
| Repealed
|
| 220
|
| Priority of interests
|
| 221
| (1)
| Transfer on death, bankruptcy, insolvency
|
|
| (2)
| Additional documents
|
|
| (3)
| Recorder to record certain information
|
| ADMINISTRATION OF ESTATES
|
| 222
| (1)
| Exemption on death or mental incapacity
|
|
| (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
|
|
| (5)
| Instrument recorded under former Act
|
| 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
|
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