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as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. M140
The Mineral Exploration Assistance Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"advance" means an advance of moneys made under section 3; ("avance")
"agreement" means an agreement made under this Act; ("accord")
"designated area" means any area within a district that is described in the Schedule that has been designated in the regulations as a designated area; ("zone désignée")
"exploration" means mineral exploration satisfactory to the minister; ("prospection")
"mine" means mine as defined in The Mines Act; ("mine")
"mineral" means mineral as defined in The Mines Act, but does not include sand or gravel; ("minéraux")
"mining property" means mining property as defined in The Mines Act; ("biens miniers" )
"minister" means the Minister of Energy and Mines. ("ministre")
The minister, for and on behalf of the government, may enter into agreements with any person under which the government agrees to make advances in respect of exploration within designated areas.
Where the minister has entered into agreement with any person under section 2, the Minister of Finance, on the written requisition of the minister, shall make advances of moneys to that person in accordance with this Act and the agreement.
An advance made to any person under this Act and under an agreement in respect of moneys expended by that person in any year for exploration in designated areas shall not exceed the lesser of
(a) 1/2 the moneys so expended in that year by that person; or
(b) $50,000.
The advances made under this Act and an agreement to any person in respect of any single mining property shall not exceed in aggregate $150,000.
Where, as a result of exploration towards the cost of which an advance has been made under this Act in accordance with an agreement, a mineral deposit is discovered which is developed into a mine by the person to whom the advance is made or by any successor to him in interests in the mineral deposit or the development thereof, that person or his successor as the case may be, shall repay in accordance with the agreement from and out of the profits made from the mine the full amount of advances made in respect of the mining property on which the mine is developed.
Where, as a result of the exploration towards the cost of which an advance has been made under this Act and an agreement, no mineral deposit is discovered which is developed into a mine by the person to whom the advance is paid or by any successor to him in his interest in the mineral deposit or the development of a mine, the advance is not repayable.
The full amount of advances made that are repayable under subsection 4(1) shall bind, and be a lien and charge in favour of the government on, any mine, mining property, mineral deposit, and all other property in the province, real and personal, of the person to whom the advances are made, or of any assignee or successor in interest therein.
The minister may issue a certificate, in a form prescribed by the regulations, showing the name and address of the person liable for repayment of the advances due to the government under subsection 4(1), and certifying the amount of the indebtedness; and he may register the certificate in the land titles office of any land titles district, and from the time of the registration the certificate shall bind and form a lien and charge, in favour of the government, for the amount so certified, on all lands of the person liable situated in that land titles district.
The certificate shall be registered on its mere production without an affidavit of execution; and the lien and charge thereby created may be realized in the same manner as if it were a mortgage on the land executed by the owner thereof.
Stoppage of work when repayments in default.
When repayment is not made in accordance with the agreement, the person liable for repayment, unless otherwise authorized in writing by the minister shall cease any further exploration, work and development in respect of the mining property.
An agreement may provide that, in lieu of the repayment of an advance as provided in section 4, the government will receive a participating interest in the development of any mineral deposit discovered in a mining property in respect of the exploration of which an advance is made under this Act.
Advances made under this Act shall be paid out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.
For the purposes of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this Act has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,
(a) designating any area within the districts described in the Schedule, a designated area for the purposes of this Act, in respect of the exploration within which advances may be made under this Act, or in respect of the exploration within which, for any particular mineral, advances may be made under this Act;
(b) prescribing the terms and conditions of agreements and the terms and conditions under which advances shall be made or repaid under this Act;
(c) prescribing forms and returns to be made by persons requesting the making of advances under an agreement;
(d) prescribing a form of certificate of lien for the purposes of section 5.
SCHEDULE
District A:
All those lands lying and being east of longitude 96° and between north latitudes 50° 22' 30" and 50° 37' 30".
District B:
All those lands lying and being east of Lake Winnipeg, and between north latitudes 50° 37' 30" and 53°.