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C.C.S.M. c. M162
The Mines and Minerals 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 | Mineral dispositions and leases | |
| 5 | Crown bound | |
| PART 2 | ||
| ADMINISTRATION | ||
| DEPARTMENT | ||
| 6 | (1) | Establishment of department |
| (2) | Departmental appointments by L.G. in C. | |
| MINISTER | ||
| 7 | (1) | Repealed |
| (2) | Minister may enter into agreements | |
| (3) | Assistance agreements | |
| (4) | Annual report | |
| 8 | (1) | Acquisition of interests in land by Crown |
| (2) | Minister may hold and manage interests | |
| 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| (2) | Re-opening withdrawn mineral land | |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| (6) | Disposition of withdrawn land | |
| (7) | Quarry mineral on withdrawn lands | |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) | Minister may grant extension of time |
| (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 | |
| RECORDER | ||
| 17 | (1) | Recorder |
| (2) | Acting recorder | |
| (3) | Delegation of powers | |
| 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| 20 | Maps to show withdrawn and reserved lands | |
| 21 | Repealed | |
| 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) | Minister may request hearing | |
| (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) | Statutes and 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) | Recording of orders and judgments | |
| 32 | Board order final | |
| 33 | Compensation and costs | |
| 34 | Board order filed in Queen's Bench | |
| 35 | (1) | Appeal of board order |
| (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 assistance in settlement |
| (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 | ||
| DIVISION 1 | ||
| PROSPECTING LICENCES | ||
| 45 | (1) | Requirement for prospecting licence |
| (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 | ||
| MINERAL EXPLORATION LICENCES | ||
| 51 | (1) | Application for mineral exploration licence |
| (2) | Cash deposit refunded | |
| (3) | Effective date | |
| (4) | Renewal | |
| 52 | (1) | Designation of restricted areas |
| (2) | Exclusive right to explore | |
| (3) | Mineral access rights | |
| 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) | Licence may be surrendered |
| (2) | Cash deposit refunded on surrender | |
| (3) | Cash deposit forfeited | |
| 55 | (1) | Licence area may be reduced |
| (2) | Licence area converted to claim | |
| (3) | No reduction or conversion if work not done | |
| (4) | Excess credits may be applied to claim | |
| 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 | |
| PART 4.1 | ||
| AIRBORNE SURVEYS | ||
| 58 | (1) | Definition |
| (2) | Notice to director | |
| 59 | (1) | Reporting airborne survey results |
| (2) | Confidentiality period | |
| (3) | Extension of confidentiality period | |
| (4) | Additional extension of confidentiality period | |
| (5) | Termination of confidentiality period | |
| 60 | Repealed | |
| 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 | (1) | Claim deemed to be properly staked after 180 days |
| (2) | Exception re fraud | |
| 67.1 | (1) | Corrective restaking |
| (2) | Application for corrective restaking | |
| (3) | Decision of director | |
| (4) | Time fixed by director | |
| (5) | Claim to be restaked in accordance with regulations | |
| (6) | Effect of recording | |
| 68 | (1) | Procedure when application refused |
| (2) | Referral of application not a dispute | |
| (3) | Director to 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) | "Claim" includes patented mining claim |
| (1.1) | 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) | 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 | |
| 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 | Repealed | |
| 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 Guardian and 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) | Repealed | |
| (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 | |