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S.M. 2002, c. 28
Bill 19, 3rd Session, 37th Legislature
THE MINES AND MINERALS AMENDMENT ACT
(Assented to August 9, 2002)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Mines and Minerals Act is amended by this Act.
Subsection 1(1) is amended by adding the following definitions in alphabetical order:
"Crown mineral" means a mineral on, in or under Crown mineral land; (« minéraux domaniaux »)
"mineral exploration licence" means a licence issued under section 51 for the purpose of exploring for minerals, other than quarry minerals, on, in or under Crown mineral land specified in the licence; (« permis d'exploration »)
"urban centre" means an incorporated city, or an urban municipality, local urban district, and includes any settlement recognized as an urban centre by the government; (« centre urbain »)
Subsection 1(1) is amended by repealing the definitions "chief mining recorder" and "exploration permit".
Subsection 1(1) of the English version is amended in the definitions "borehole", "lease", "mineral access rights", "mineral lease", "mineral resource", "operator", "project" and "surface rights" by striking out "and does not include" and substituting ", but does not include".
Subsection 1(1) is amended
(a) in the definition "advanced exploration project", by striking out "or" at the end of clause (b), and by replacing the part after clause (c) with the following:
(d) de-watering of a shaft, adit or decline for underground exploration and development purposes,
(e) removal of a bulk sample of at least 500 tonnes of material for testing, and
(f) any other project that is prescribed as an advanced exploration project; (« ouvrage d'exploration avancée »)
(b) in the definition "chief mining engineer", by striking out "subsection 7(1)" and substituting "subsection 6(3)";
(c) in the definition "claim", by striking out everything after "Part 5";
(d) by replacing the definition "holder" with the following:
"holder" means, in relation to a recorded lease or mineral disposition, the person shown by the recorder as the holder of the lease or mineral disposition, but does not include a person who holds an interest in a lease or mineral disposition as security for a debt; (« titulaire »)
(e) in the definition "licensee", by striking out everything after "Division 1 of Part 4";
(f) in the definition "mineral", by adding ", mine tailings" after "peat moss";
(g) in the definition "mineral access rights", by striking out "mineral disposition or lease, the rights" and substituting "lease or mineral disposition, the right";
(h) in the definition "mineral disposition", by striking out "an exploration permit, a special exploration permit" and substituting "a mineral exploration licence";
(i) in the definition "open Crown mineral land", by striking out "mineral disposition or lease" and substituting "lease or mineral disposition";
(j) in the definition "quarry mineral",
(i) in the part before clause (a), by striking out "means a mineral that is obtained from a quarry and includes" and substituting "means a mineral, other than a diamond, ruby, sapphire or emerald, that is obtained from a quarry, and includes", and
(ii) in clause (a), by striking out "peat moss and coal" and substituting "peat moss, coal and amber";
(k) in the definition "quarry permit", by striking out everything after "Crown mineral land";
(l) by replacing the definition "recorder" with the following:
"recorder" means the mining recorder appointed under subsection 6(3); (« registraire »)
(m) in the definition "required work", by striking out "each year".
Subsection 6(2) of the English version is amended by striking out "the Civil Service Act" and substituting "The Civil Service Act".
The following is added after subsection 6(2):
A mining recorder, chief mining engineer and such other officers and employees as may be required shall be appointed as provided in The Civil Service Act.
Subsection 8(1) is amended
(a) in the section heading, by striking out "land" and substituting "interests in land"; and
(b) by
(i) striking out "acquire land" and substituting "acquire private mineral rights or surface rights in land", and
(ii) striking out "the land necessary" and substituting "that interest in land to be necessary".
Subsection 8(2) is replaced with the following:
Minister may hold and manage interests
The minister may hold, manage and develop an interest in land that has been acquired under subsection (1).
Clause 11(2)(a) is amended by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
Subsection 11(3) is amended by striking out "mineral disposition or a lease" and substituting "lease or mineral disposition".
The centred heading before section 17 and section 17 are replaced with the following:
RECORDER
The recorder is the chief administrative officer of the office of the recorder established under subsection 18(1) and is to exercise general supervision of the operations of the office and perform such other duties and functions as are required of the recorder under this Act.
If the recorder is absent or unable to perform his or her duties, the director may appoint a person as acting recorder, and that person has all the powers and the duties of the recorder.
The recorder may, in writing, delegate to any person any power, authority, duty or function of the recorder under this Act, and for the purpose of exercising the delegated power, authority, duty or function, that person is deemed to be the recorder.
Section 19 is replaced with the following:
Note of order or decision on record
If an order or decision affecting a lease or mineral disposition is made under this Act, the recorder must enter a note on the record of that lease or mineral disposition setting out
(a) the date of the order or decision;
(b) if applicable, the effective date of the order or decision; and
(c) the date the note was entered upon the record.
Section 20 of the English version is amended in the part before clause (a) by striking out "A recorder" and substituting "The recorder".
Clause 29(2)(a) is amended
(a) in subclauses (i) and (ii), by striking out "mineral disposition or a lease" and substituting "lease or a mineral disposition";
(b) in subclause (ii) of the English version, by striking out "a recorder" and substituting "the recorder"; and
(c) in subclause (iii), by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
Subsection 29(6) of the English version is replaced with the following:
If the minister so requests, the board must hold a hearing to determine a question, dispute, matter or claim arising under this Act.
Subsection 31(1) is amended by striking out "the question, dispute, matter or claim to".
Subsection 31(2) is replaced with the following:
Recording of orders and judgments
If an order of the board or a judgment of a court affecting a lease or mineral disposition is filed in the office of the recorder, the recorder must record it against the lease or mineral disposition that is the subject of the order or judgment.
Subsection 37(3) is amended by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
Subsection 38(2) is amended by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
Subsection 41(1) is replaced with the following:
Board assistance in settlement
If all parties agree, the board may help the parties try to settle a question, dispute, matter or claim before an application is heard by the board.
Section 42 is replaced with the following:
Notice to Director of Crown Lands
The board must give the Director of Crown Lands a copy of any application relating to
(a) Crown land;
(b) land held under lease or any other form of terminable grant from the Crown; or
(c) land disposed of by the Crown under an Act or regulation that contemplates issuance of a transfer of the land.
The heading for Part 4 is amended by striking out "AND PERMITS".
Subsection 45(1) is replaced with the following:
Requirement for prospecting licence
No person shall
(a) explore for minerals, other than quarry minerals; or
(b) stake out or record a claim;
on or in Crown mineral land, unless he or she holds a prospecting licence.
Subsection 46(1) is amended by striking out "chief mining recorder" and substituting "recorder".
Subsection 51(1) and the Division heading before it are replaced with the following:
DIVISION 2
MINERAL EXPLORATION LICENCES
Application for mineral exploration licence
The holder of a prospecting licence may, in accordance with the regulations, apply to the recorder for a mineral exploration licence.
Subsection 51(2) is amended
(a) by striking out "an applicant for an exploration permit" and substituting "an applicant for a mineral exploration licence"; and
(b) by striking out "and an exploration permit" and substituting "and a licence".
Subsection 51(3) is replaced with the following:
The effective date of a mineral exploration licence is the date on which it is issued by the director.
A mineral exploration licence may be renewed once, for a term of the same duration as the original licence, if the holder
(a) applies for the renewal before the expiry of the original licence;
(b) complies with this Act throughout the term of the original licence and has performed the prescribed work required under subsection 53(1); and
(c) meets any other prescribed renewal requirements.
Subsection 52(1) is amended by striking out "exploration permits" and substituting "mineral exploration licences".
Subsection 52(2) is amended
(a) by striking out "an exploration permit" and substituting "a mineral exploration licence";
(b) by striking out "covered by the permit" and substituting "covered by the licence"; and
(c) by striking out "date of the exploration permit" and substituting "date of the licence".
The following is added after subsection 52(2):
Subject to Part 9, the holder of a mineral exploration licence may enter, use and occupy the surface of the land that is the subject of the licence, for the purpose of prospecting or exploring for minerals on, in or under the land.
Subsection 53(1) is replaced with the following:
In each one-year period in the term of a mineral exploration licence, the holder of the licence must
(a) ensure that the required amount of prescribed work is performed in the area covered by the licence; and
(b) submit a report of that work to the recorder in accordance with the regulations.
Subsection 53(2) is amended
(a) by striking out "an exploration permit" and substituting "a mineral exploration licence"; and
(b) by striking out "the exploration permit" and substituting "the licence".
Subsection 53(3) is amended
(a) by striking out "an exploration permit" and substituting "a mineral exploration licence"; and
(b) by striking out "the permit" wherever it occurs and substituting "the licence".
Subsection 53(4) is amended by striking out "an exploration permit" and substituting "a mineral exploration licence".
Subsection 53(5) is amended by striking out "an exploration permit" and substituting "a mineral exploration licence".
Subsection 54(1) is amended
(a) in the section heading, by striking out "Exploration permit" and substituting Licence";
(b) by striking out "An exploration permit" and substituting "A mineral exploration licence"; and
(c) by striking out "expiry date of the permit" and substituting "expiry date of the licence".
Subsection 54(2) is amended
(a) by striking out "an exploration permit" and substituting "a mineral exploration licence"; and
(b) by striking out "the exploration permit" and substituting "the licence".
Subsection 54(3) is amended
(a) by striking out "an exploration permit" and substituting "a mineral exploration licence"; and
(b) by striking out "the exploration permit" and substituting "the licence".
Subsections 55(1) and (2) are replaced with the following:
The holder of a mineral exploration licence may apply to reduce the area covered by the licence to one or more smaller parcels. The application must be made in writing to the recorder before the start of the year in which the holder wishes to reduce the area covered by the licence.
Licence area converted to claim
The holder of a mineral exploration licence may apply to convert the area covered by the licence or a part of that area into one or more claims held by the holder of the licence. The application is to be made in writing to the recorder.
Subsection 55(3) of the English version is amended
(a) by striking out "an exploration permit" and substituting "a mineral exploration licence"; and
(b) by striking out "the exploration permit" and substituting "the licence".
The following is added after subsection 55(3):
Excess credits may be applied to claim
The holder of a claim or claims recorded as a result of a conversion under this section may apply any excess required work reported under subsection 53(1) towards satisfying the required work obligations necessary to maintain the claim or claims in good standing for the first seven years after a claim was recorded under subsection (2).
Subsection 57(1) is amended
(a) in the section heading, by striking out "Permit" and substituting "Licence";
(b) by striking out "an exploration permit or a special exploration permit" and substituting "a mineral exploration licence"; and
(c) by striking out "the permit" wherever it occurs and substituting "the licence".
Subsection 57(2) is amended
(a) in the section heading, by striking out "permits" and substituting "licence"; and
(b) by striking out "permit" wherever it occurs and substituting "licence".
Subsection 57(3) is amended by striking out "an exploration permit or special exploration permit" and substituting "a mineral exploration licence".
Subsection 57(4) is amended by striking out "an exploration permit or special exploration permit" and substituting "a mineral exploration licence".
Section 58 and the Division heading before it are replaced with the following:
AIRBORNE SURVEYS
In this section and section 59, "airborne survey" means the operation of geophysical or geochemical equipment from within an aircraft for the purpose of mineral exploration.
A person who has an airborne survey conducted over open Crown mineral land must, in accordance with the regulations, notify the director
(a) before a survey is started; and
(b) after the survey has been completed.
Section 59 is replaced with the following:
Reporting airborne survey results
A person who has an airborne survey conducted over any land in Manitoba must submit a report to the director within three years after the survey is completed. The report must include the information required in the regulations.
Subject to subsections (3) and (4), the public may not inspect a report for five years after the airborne survey was completed.
Extension of confidentiality period
If the person who submits the report makes a written request to the director for an extension of the confidentiality period, the public may not inspect a report for 10 years after the airborne survey was completed.
Additional extension of confidentiality period
The director may order that the public may not inspect a report for 15 years after the airborne survey was completed if
(a) the person who submitted the report makes a written request to the director setting out the reasons why the confidentiality period should be extended; and
(b) the director determines that it is appropriate to extend the confidentiality period.
Termination of confidentiality period
The public may inspect the report of an airborne survey at any time if the person who had the survey conducted gives written notice to the director requesting that the public have access to the report.
Section 67 is replaced with the following:
Claim deemed to be properly staked after 180 days
If no notice of dispute is filed against a claim within 180 days after the recording date, the claim
(a) is deemed to be properly staked and recorded; and
(b) is not liable to impeachment, dispute or cancellation except as expressly provided under this Act.
Subsection (1) does not apply if fraud is involved in the staking or recording of a claim.
The following is added after section 67:
A transferee of a claim who discovers staking irregularities that might result in cancellation of the claim may apply to the director to conduct a corrective restaking of the claim if
(a) the claim has been recorded for more than 180 days; and
(b) no notice of dispute has been filed against the claim.
Application for corrective restaking
An application to conduct a corrective restaking must include a declaration from the applicant stating the irregularities in the original staking of the claim and a sketch showing the irregularities.
After receiving an application, the director may, in his or her discretion,
(a) allow a corrective restaking to be conducted by the applicant;
(b) deny an application; or
(c) require an applicant to provide any other information that the director considers necessary.
If the director allows a corrective restaking to be conducted, he or she must establish a deadline for completion of the corrective restaking of the claim.
Claim to be restaked in accordance with regulations
A person conducting a corrective restaking of a claim must restake the entire area of the claim in accordance with the regulations and apply, no later than 30 days after the deadline for completion of the corrective restaking has passed, to have the correctively restaked claim recorded.
When a correctively restaked claim is recorded,
(a) the original claim is deemed to be surrendered on the date the correctively restaked claim is recorded;
(b) the correctively restaked claim is given the recording date of the original claim;
(c) any excess required work credits from the original claim are transferred to the correctively restaked claim; and
(d) the restaked claim shall not be impeached, disputed or cancelled because of the manner in which the original claim was staked.
Clause 74(2)(b) is amended by striking out "filed" and substituting "provided".
Subsection 81(1) is renumbered as subsection 81(1.1) and the following is added as subsection 81(1):
"Claim" includes patented mining claim
In this section, "claim" includes a patented mining claim.
Subsection 81(3) is amended by striking out "each year" and substituting "in each calendar year".
Subsection 81(9) is replaced with the following:
The area covered by a group of claims or by a group of claims and mineral leases must not exceed the maximum area specified in the regulations.
Subsections 84(1) is replaced with the following:
Payment for unperformed required work
The recorder may renew a claim even if required work on the claim has not been performed, if the holder of the claim makes a cash payment to the recorder in the amount equal to the dollar value of the unperformed required work.
Subsection 97(3) of the English version is amended
(a) by striking out "A borehole licensee" and substituting "The holder of a borehole licence"; and
(b) by striking out "of the licensee".
Section 98 of the English version is amended by striking out "A borehole licensee" and substituting "The holder of a borehole licence".
Section 99 of the English version is amended by striking out "the licensee" and substituting "the holder".
Subsection 103(2) is amended by striking out "Where, in respect of a Crown mineral disposition or lease, the holder is not acting in compliance with this Act," and substituting "If the holder of a mineral disposition or mineral lease is not complying with this Act,".
Clause 108(b) is amended by replacing the part after subclause (ii) with the following:
as required for the purpose of working the mineral lease and mining and producing minerals from it.
Subsection 110(2) is amended
(a) in the part before clause (a), by striking out "may" and substituting "must"; and
(b) in clause (a), by striking out "recorder" and substituting "director".
Section 113 is replaced with the following:
A mineral lessee must submit a report on exploration work carried out under the lease. The report must contain the information required in the regulations and a certified statement of expenditures incurred in performing exploration work for each of the following periods:
(a) the first five years of the lease;
(b) the second five years of the lease;
(c) the third five years of the lease;
(d) the last six years of the lease.
A report under subsection (1) must be submitted to the director not later than 60 days after the applicable period has ended.
No need to cover development and production work
A report under subsection (1) does not include work related to mineral development or production.
Section 137 of the English version is amended in the part before clause (a) by striking out "a recorder" and substituting "the recorder".
Subsection 144(1) is amended by striking out "a townsite, subdivision" and substituting "an urban centre, subdivision as defined in The Planning Act".
Section 161 is replaced with the following:
Application for mineral disposition or lease
A person may apply for a lease or mineral disposition with respect to land
(a) reserved for an urban centre;
(b) laid out for an urban centre or as recreational lots on a plan registered with the Director of Surveys;
(c) used or occupied as station grounds or switching yards; or
(d) occupied in accordance with this Act for the purpose of mining for minerals other than minerals that are the subject of the application;
if he or she has obtained the prior written consent of the minister to make the application and any activities arising in relation to a lease or mineral disposition or the obtaining of a mineral disposition will be subject to any terms or conditions imposed by the minister.
Application for consent of minister
Notwithstanding subsection (1), a person may submit a request for the minister's consent at the same time as he or she submits an application for one of the following mineral dispositions:
(a) a claim in surveyed territory that includes land referred to in clause (1)(a), (b), (c) or (d); or
(b) a mineral exploration licence for land that includes land referred to in clause (1)(a), (b), (c) or (d).
If the minister does not grant consent, the land for which consent was requested will be excluded from any claim or mineral exploration licence granted.
Section 178 is amended by striking out "mineral disposition or lease" wherever it occurs and substituting "mineral lease or quarry mineral disposition".
Subsection 182(1) is amended by striking out "the mineral disposition or lease" and substituting "land that is the subject of the lease or mineral disposition".
Subsection 182(2) is amended by striking out "mineral disposition or lease" wherever it occurs and substituting "lease or mineral disposition".
Subsection 195(3) is amended in the part before clause (a) by striking out ", with the approval of the Lieutenant Governor in Council,".
Subsection 209(1) is amended by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
Subsection 209(2) is amended
(a) in the English version, by striking out "A recorder" and substituting "The recorder"; and
(b) by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
Subsection 209(3) is amended
(a) by striking out "mineral disposition or lease" wherever it occurs and substituting "lease or mineral disposition"; and
(b) by adding "unless before the recording there is actual notice of the prior unrecorded instrument to the party claiming under the recorded instrument" after "later recorded".
Subsection 210(1) is amended
(a) in the English version, by striking out "A recorder" and substituting "The recorder"; and
(b) by striking out "mineral disposition or lease" wherever it occurs and substituting "lease or mineral disposition".
Subsections 210(2) and (7) of the English version are amended by striking out "a recorder" and substituting "the recorder".
Subsection 211(1) is amended
(a) in the English version, in the part before clause (a), by striking out "a recorder" and substituting "the recorder"; and
(b) in clause (a), by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
Subsection 211(2) of the English version is amended by striking out "A recorder" and substituting "The recorder".
Subsection 212(2) of the English version is amended by striking out "A recorder" and substituting "The recorder".
Subsection 214(1) is amended by striking out "mineral disposition or lease" wherever it occurs and substituting "lease or mineral disposition".
Subsection 214(4) is amended by striking out "mineral disposition or lease" wherever it occurs and substituting "lease or mineral disposition".
Subsection 215(1) is amended
(a) in the section heading, by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
(b) by striking out "mineral disposition or a lease" and substituting "lease or mineral disposition"; and
(c) by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
Subsection 215(2) is amended
(a) in the part before clause (a), by striking out "mineral disposition or a lease" and substituting "lease or mineral disposition"; and
(b) in clauses (a) and (b), by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
Subsection 216(1) is amended in the part before clause (a) by striking out "mineral disposition or a lease" wherever it occurs and substituting "lease or mineral disposition".
Subsection 216(2) is amended by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
Subsection 216(3) is amended by striking out "mineral disposition or lease" wherever it occurs and substituting "lease or mineral disposition".
Subsection 216(5) is replaced with the following:
When a transfer of a lease or mineral disposition is recorded, the transferee becomes the holder of the lease or mineral disposition or of an undivided interest in the lease or mineral disposition, as the case may be.
Subsection 217(1) is amended by striking out "mineral disposition or lease" wherever it occurs and substituting "lease or mineral disposition".
Subsection 217(4) is amended by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
Section 218 is replaced with the following:
Assignment of Bank Act (Canada) interest
If a lease or mineral disposition or an interest in a lease or mineral disposition is assigned or transferred to a bank as security in accordance with section 426 of the Bank Act (Canada), the bank must file in the office of the recorder, in accordance with the regulations, an original executed copy of the instrument of transfer or assignment or a certified true copy of the instrument.
Subsection 221(1) is amended in the part before clause (a) by striking out "mineral disposition or lease" wherever it occurs and substituting "lease or mineral disposition".
Clause 221(2)(a) is amended by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
Section 230 is amended
(a) by adding the following after clause (n):
(n.1) respecting the conducting of a corrective restaking under section 67.1;
(b) in clause (p), by striking out "exploration permits" and substituting "mineral exploration licences";
(c) by adding the following after clause (p):
(p.1) respecting the maximum area of grouped claims or grouped claims and mineral leases under subsection 81(9);
(d) in clause (v), by adding "notices and" after "including";
(e) by replacing clause (cc) with the following:
(cc) respecting quarry permits, including establishing different classes of quarry permits, and production standards under quarry permits;
(f) in clause (ll), by striking out ", the chief mining recorder and deputy recorders" and substituting "and the recorder".
Subsection 243(5) is amended
(a) by striking out "mineral disposition or a lease" and substituting "lease or mineral disposition"; and
(b) by striking out "mineral disposition or lease" and substituting "lease or mineral disposition".
Transitional: definition of "former Act"
In this section, "former Act" means The Mines and Minerals Act as it read immediately before the coming into force of this Act and all regulations made under that Act as they read at that time.
Exploration permits and special exploration permits
Subject to subsection (3), an exploration permit or a special exploration permit that is in effect on the day this Act comes into force is deemed to be a mineral exploration licence and may be renewed in accordance with this Act.
Exception for specified special exploration permits
The former Act continues to apply to a special exploration permit that was issued before January 1, 1995 and that is in effect on the day this Act comes into force, and no extensions or renewals of the permit will be granted.
The former Act continues to apply to an airborne survey licence issued before the coming into force of this Act and to all work done under the licence.
This Act comes into force on a day fixed by proclamation.