The following definitions apply in this Act.
“appeal authority” means the individual or the body appointed or established in accordance with the regulations.(autorité chargée d’entendre les appels)
“claim area” means the land covered by a mineral claim.
“Crown” means the Crown in the right of the Province.(Couronne)
“Crown Lands” means all or any part of the lands vested in the Crown that are under the administration and control of the Minister and includes any water on or under the surface of that land.(terres de la Couronne)
“environment” means the air, water or soil.(environnement)
“exploration work permit” means an exploration work permit issued under section 90.(permis d’exploration)
“instrument” means, unless the context otherwise requires, a document for which provision is made under this Act for submission in electronic format in the registry.(instrument)
“lease area” means the land covered by a mining lease.(concession)
“lease area boundary survey” means a survey to determine the boundaries of the land covered by a mining lease.(levé de concession)
“mine” includes (mine)
(a) any quarry, opening or excavation in, or working of, the ground for the purpose of mining,
(b) any mineral deposit or place where mining is or has been carried on, and
(c) any associated works, machinery, plant, buildings, premises, stockpile, storage facility or waste dump below or above ground used for or in connection with mining.
“mineral” means any natural, inorganic substance in solid or dissolved form, any solid fossilized organic substance and any substances prescribed by regulation to be minerals, but does not include any other substances prescribed by regulation not to be minerals.(minéral)
“mineral claim” means a mineral claim registered in the registry in accordance with this Act.(claim)
“mineral claim unit” means the smallest defined area of land described within the New Brunswick Mineral and Petroleum Grid that may be registered in the registry.(unité de claim)
“mineral deposit” means a naturally occurring accumulation or concentration of minerals or mineral-bearing substances, including minerals or mineral-bearing substances in mine tailings, that is, or may be, of economic interest based on quantity, grade, quality or other geological characteristic.(gisement minéral)
“mineral exploration” means work conducted to discover or evaluate mineral deposits, including surveys, sampling, trenching and drilling, to assess their nature and economic potential but does not include prospecting.(exploration minérale)
“mining” means the process of extracting minerals from the earth, including extracting minerals from mine tailings.(exploitation minière)
“Minister” means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“previous Act” means the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, and its regulations.(loi antérieure)
“private land” means all land other than Crown Lands, lands under the administration and control of the Crown in right of Canada and reserve lands.(terres privées)
“production” means mining for the purposes of sale, trade or stockpiling but does not include mining for the purposes of obtaining a bulk sample.(production)
“prospecting” means the carrying out of activities on land for the purpose of locating and testing for minerals and understanding the geology of the land but does not include activities carried out by means of power tools.(prospection)
“prospector” means a holder of a prospecting licence.(prospecteur)
“Recorder” means the Recorder appointed under section 14 and includes any person to whom the Recorder has delegated their powers and duties.(archiviste)
“regional survey” means a geological, geophysical or geochemical survey for minerals that is performed as a ground-based survey, airborne survey or remote sensing survey (levé régional)
(a) on land that includes and extends beyond the land covered by a mineral claim or mining lease, or
(b) on land open for prospecting and registration of mineral claims.
“registry” means the electronic mineral claims registry continued under section 19. (registre)
“required work” means work required by this Act and the regulations to be performed on a claim area or a lease area.(travail requis)
“reserve lands” means lands within a reserve as defined in subsection 2(1) of the Indian Act (Canada). (terres de réserve)
This Act and the regulations apply to minerals the ownership of which is vested in the Crown and to all mines, including mines when any or all of the mining is in relation to minerals the ownership of which is not vested in the Crown.
Nothing in this Act or the regulations exempts a person acting under this Act or the regulations from the application of the Forest Fires Act or the Fire Prevention Act.
The words “mines and minerals” in any grant by the Crown issued before or after the coming into force of this section include carbonate of lime, sulphate of lime and gypsum.
The following minerals that exist or that may be found in a natural state within the Province are declared to be and to have been at all times property separate from the soil, and ownership of those minerals is vested in the Crown:
(a) salt, common salt, rock salt and halite;
(b) sylvite, carnallite, langbeinite, kainite, kieserite and glauberite;
(c) salts of sodium, potassium and magnesium;
(e) radioactive minerals.
In all grants in which mines and minerals have been or may be excepted and reserved to the Crown, those mines and minerals are property separate from the soil and constitute a property that is independent from that of the soil, and ownership of those mines and minerals is vested in the Crown.
The purpose of this Act is to enable responsible, competitive and sustainable exploration, development and production of minerals in the Province.
Subject to this Act or any other Act, all land in the Province is open for prospecting and registration of mineral claims, except land that is withdrawn from prospecting and registration of mineral claims under this Act and any other land prescribed by regulation.
The Minister may withdraw any land in the Province from prospecting and registration of mineral claims for all or certain minerals.
A notice of the land withdrawn under subsection (1) shall be given or published in the manner that the Minister directs.
Despite any other provision of this Act, land withdrawn from prospecting and registration of mineral claims under this section may be held or worked under an agreement with the Crown, and prospecting, registration of mineral claims, mining and production may be carried out on the land in the manner and on the terms and conditions provided by the Minister.
Without restricting the generality of subsection (3), an agreement under that subsection may contain provisions relating to the payment of royalties and to the processing, transportation and sale of minerals.
The Minister may reopen any land withdrawn under this section for prospecting and registration of mineral claims for all or certain minerals.
The Minister may designate persons from among persons employed under the Civil Service Act as officers for the purposes of this Act.
For the purpose of ensuring compliance with this Act and the regulations, an officer may, at any reasonable time,
(a) enter on the land covered by a mineral claim or mining lease and into a mine for the purpose of making inspections and inquiries,
(b) enter on private land and travel along private roads without being liable for trespass, in the absence of actual damage, and without being subject to tolls, and
(c) exercise any other powers and perform any other duties that are prescribed by regulation.
Despite the Civil Service Act, the Minister may employ for a specified term any person for any function in connection with this Act and the regulations.
The Minister may establish policies, standards and guidelines for the proper administration of this Act and the regulations.
The Regulations Act does not apply to policies, standards and guidelines established under subsection (1).
If there is a conflict between this Act or the regulations and any policy, standard or guideline established by the Minister, this Act and the regulations prevail.
The Minister may publish a policy, standard or guideline established under subsection (1) on the Department of Natural Resource’s website.
The Minister may enter into agreements with any organization, agency, person or Minister of the Crown or with the government of another province or territory of Canada, the Government of Canada or a foreign country or state if the Minister considers the agreements necessary or expedient for the administration of this Act.
Without limiting the generality of subsection (1), the Minister may
(a) enter into agreements for the joint establishment and operation of programs for geoscience research and the exploration, development and production of minerals, and
(b) establish intergovernmental or other committees the Minister considers necessary for the performance of an agreement referred to in paragraph (a).
Despite any other provision of this Act, the Minister may dispose of by tender or by other means all or part of a mineral claim or mining lease that has expired or that has been cancelled or surrendered under this Act.
A notice of the Minister’s intention to dispose of a mineral claim or mining lease shall be registered in the registry.
On application accompanied by payment of the fee prescribed by regulation, if any, if the Minister is of the opinion that it is necessary to do so for the better management of minerals the ownership of which is vested in the Crown, the Minister may extend the time fixed or allowed for doing anything or taking any proceeding under this Act or the regulations and may require payment by the applicant to a person aggrieved by the extension of time.
An application for extension of time for the performance of required work shall be filed with the Minister at least 21 days before the date the work is required to be performed.
An extension of time under subsection (1) does not relieve the applicant from performing, in addition to the work for which the extension of time was granted, the minimum annual required work.
Subject to the regulations, the Minister may waive or reduce required work for the period of time the Minister determines.
A waiver or reduction of required work granted under subsection (1) does not relieve the applicant from performing the minimum annual required work.
The Minister shall appoint a Recorder from among persons employed under the Civil Service Act.
The Recorder may delegate, in writing, to any person a duty or power of the Recorder under this Act or the regulations, except for the power to delegate.
The Recorder shall have a head office in The City of Fredericton.
All records and instruments prescribed by regulation shall be submitted to and kept by the Recorder and made available by posting them in the Department of Natural Resource’s website.
An instrument registered in the registry or an instrument or other record submitted to and recorded with the Recorder that purports to be signed by the Recorder shall be
(a) received in evidence by the appeal authority and any court of competent jurisdiction without proof of the signature, and
(b) proof in the absence of evidence to the contrary of the facts stated in the instrument or other record.
The electronic mineral claims registry established by the Recorder under section 14.1 of the previous Act is continued.
The registry shall indicate the lands open for registration of mineral claims in the Province and is maintained for the registration of
(a) mineral claims,
(b) changes to mineral claims, and
(c) other mineral claim information.
The Recorder may, with respect to the registry,
(a) establish requirements with respect to the information required to effect a registration and the format in which that information shall be submitted, and make those requirements known electronically to users of the registry,
(b) establish rules, procedures and guidelines respecting the submission of information to effect registration,
(c) establish rules, procedures and guidelines governing searches of the registry, and
(d) establish any other requirement, rule, procedure or guideline in order to ensure the proper functioning of the registry.
The Recorder shall enter in the registry in respect of a mineral claim a note of any order or decision affecting the mineral claim, giving the date of the order or decision and its effect and the date of entry.
The registration of a mineral claim or any change to a mineral claim referred to in section 41 may be submitted to the Recorder in paper format if
(a) the submission in paper format has been authorized by the Recorder,
(b) the submission in paper format is, in the opinion of the Recorder, necessary to avoid great hardship or great injustice, and
(c) the integrity of the registry will be maintained.
If the registration of the mineral claim or a change in the mineral claim is authorized to be submitted in paper format to the Recorder, the Recorder shall enter the information with respect to the registration into the registry.
Payment of any fees or deposits required to be submitted for the registration of a mineral claim or any change to a mineral claim referred to in section 41 shall be made in the manner and within the time established by the Recorder.
Unless approved by the Recorder, no person other than a prospector or their agent shall submit information to the registry for the purposes of registration of a mineral claim or any change to a mineral claim referred to in section 41.
The submission of information for the purposes of registration of a mineral claim or any change to a mineral claim referred to in section 41 is a certification by the person submitting the information that the person is authorized to do so.
The Recorder may
(a) delete or amend an entry in the registry in order to correct any inconsistency, error or omission that is, in the opinion of the Recorder, of a minor or clerical nature, and
(b) delete or amend an entry in the registry if the information submitted to the registry does not comply with this Act or the regulations.
If the Recorder deletes or amends an entry in the registry, the Recorder shall, either before or after deleting or amending the entry, give notice to any affected person.
Despite any other provision of this Act, the Recorder may
(a) suspend one or more of the functions of the registry if the Recorder is satisfied that it is not practicable in the circumstances to provide those functions, and
(b) if the Recorder is satisfied that, but for a suspension under paragraph (a), a mineral claim or any change to a mineral claim referred to in section 41 would have been registered in the registry on a date within the suspension period, date the mineral claim or change to the mineral claim or accept it as of that date.
The date referred to in paragraph (1)(b) shall be considered for all purposes to be the date on which the mineral claim or change to the mineral claim was received by the Recorder and registered in the registry.
If information or a document is not required to be registered in the registry under this Act but is required to submitted to the Recorder in support of registration, the information or document shall be in an electronic format approved by the Recorder.
If there is a difference between the information in the registry and other information or documents, the information in the registry prevails.
Paragraph 22(j) of the Interpretation Act does not apply to a time specified under this Act for doing something in the registry.
No person shall prospect for minerals, conduct mineral exploration or otherwise carry on mining unless the person is the holder of a prospecting licence.
The following persons may apply to the Recorder for a prospecting licence in the form and manner authorized by the Recorder:
(a) an individual who is 19 years of age or older;
(b) a partnership authorized under the laws of the Province to carry on business in the Province; and
(c) a corporation authorized under the laws of the Province to carry on business in the Province.
A person who is applying for a prospecting licence shall
(a) pay the application fee prescribed by regulation to the Recorder at the time the application is made, and
(b) comply with any conditions or requirements established by or in accordance with the regulations.
The Recorder, on being satisfied that the applicant has complied with all the requirements of this Act and the regulations in relation to an application for a prospecting licence, may issue to the applicant a prospecting licence.
A prospecting licence shall be signed by
(a) the holder if the holder is an individual,
(b) a member of the partnership if the holder is a partnership, or
(c) an agent of the corporation if the holder is a corporation.
A prospecting licence is valid for five years from the date the licence was issued.
The Recorder may, in accordance with the regulations, refuse to issue a prospecting licence.
A prospecting licence shall be in the form and contain the information required by the Recorder.
The Recorder may at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a prospecting licence subject to terms and conditions in relation to any matter the Recorder considers necessary for the purposes of this Act and the regulations.
Every holder of a prospecting licence shall comply with the terms and conditions of the licence.
The Recorder, on being satisfied that a prospector has complied with all the requirements of this Act and the regulations in relation to an application for a renewal of their prospecting licence, may renew the prospecting licence.
The Recorder may refuse to renew a prospecting licence in the circumstances prescribed by regulation.
On renewing a prospecting licence, the Recorder may, in addition to any terms and conditions established by or in accordance with the regulations, make a prospecting licence subject to terms and conditions in relation to any matter the Recorder considers necessary for the purposes of this Act and the regulations.
The Minister may, after notice to the prospector, suspend or cancel a prospecting licence if the Minister is satisfied that the prospector
(a) has violated or failed to comply with any provision of this Act or the regulations,
(b) has been charged with or convicted of an offence under this Act or the regulations, or
(c) has violated any term or condition of the licence.
On the request of any person prescribed by regulation, a prospector shall produce their prospecting licence.
Subject to this Act, a prospector may
(a) enter, remain and travel on land open for prospecting and registration of mineral claims,
(b) prospect and work on land open for prospecting and registration of mineral claims in accordance with this Act and the regulations,
(c) enter and travel across land not open for prospecting and registration of mineral claims, and
(d) have with them and use any vehicles, equipment, supplies, personnel and temporary housing that are necessary to prospect and work in accordance with this Act and the regulations.
A prospector and the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working on land open to prospecting and registration of mineral claims are liable for actual damage to and interference with the use and enjoyment of property caused by the prospector and that person.
A prospector and the person on whose behalf the prospector is entering, and travelling across land not open to prospecting are liable for actual damage to and interference with the use and enjoyment of property caused by the prospector and that person.
A mineral claim shall
(a) have a claim area of not less than one mineral claim unit and not more than 256 mineral claim units, and
(b) be described in the registry in accordance with the New Brunswick Mineral and Petroleum Grid established in the regulations and referenced to UTM grid coordinates expressed in the North America Datum of 1983 NAD83 (CSRS).
Subject to section 44, only one mineral claim may be registered with respect to a mineral claim unit.
The boundaries of a claim area extend downward vertically on all sides.
On payment of the fee prescribed by regulation, a prospector may register one or more mineral claims or a change to a mineral claim in the registry in accordance with the regulations.
Except as otherwise provided for in this Act, a mineral claim or a change to a mineral claim referred to in section 41 may be registered in the registry by an individual who is a prospector
(a) in the name of the prospector, or
(b) in the name of another individual who holds a prospecting licence or in the name of a partnership or corporation that holds a prospecting licence.
On request of the Recorder, the registration of a mineral claim or change to a mineral claim referred to in section 41 shall include a work commitment deposit in the form and amount prescribed by regulation.
On confirmation of payment of the fee prescribed by regulation and, if applicable, the submission of the work commitment deposit, the mineral claim or change to the mineral claim is registered, and a statement confirming the registration shall be sent electronically to the prospector.
Every person who is appointed or employed under this Act or whose duties include the administration and enforcement of this Act and who discovers a valuable mineral on any land open for prospecting and registration of mineral claims shall inform the Recorder who shall, if the Recorder considers it advisable, register in the name of the Crown sufficient mineral claims that, in the opinion of the Recorder, are necessary to encompass the mineralized area.
Despite any other provision of this Act, a mineral claim registered in the name of the Crown remains in good standing at the discretion of the Minister and may be surrendered by the Minister in accordance with this Act and disposed of by the Minister at a price and under the terms and conditions determined by the Lieutenant-Governor in Council.
If a mineral claim is registered in the registry with respect to private land or with respect to Crown Lands leased from the Crown under the Crown Lands and Forests Act, the holder of the claim, or the holder’s agent, shall make every reasonable effort to notify, at the times established by or in accordance with the regulation and in the manner required by regulation, the owner of the private land or the lessee of the Crown Lands of the registration of the mineral claim.
Subject to the holder of the mineral claim, or their agent, having complied with section 39 and except as expressly provided by this Act, on registration in the registry, a mineral claim is, in the absence of fraud, properly registered and is not liable to impeachment, dispute or cancellation.
The following changes to a mineral claim are not effective until registered in the registry:
(a) to reduce a claim area under section 42;
(b) to cancel a mineral claim under section 45;
(c) to renew a mineral claim under section 48;
(d) to group contiguous mineral claims into one group of contiguous mineral claims under section 52;
(e) to surrender a mineral claim under section 53;
(f) to transfer a mineral claim or any interest in a mineral claim under section 55; and
(g) any other change prescribed by regulation.
The holder of a mineral claim may reduce the claim area by registering the change in the registry.
The priority of mineral claims is based on the date and time of confirmation of registration as recorded by the registry under subsection 36(4).
When the past conversion of a ground staked mineral claim or group of ground staked claims to a map staked mineral claim results in a mineral claim unit being fractionally held by more than one person, the Recorder
(a) shall maintain in the registry the boundary lines of the mineral claim unit for which each is a fractional owner and any other information with respect to those holders considered necessary by the Recorder, and
(b) may make any adjustment prescribed by regulation to the boundary lines of the mineral claim unit referred to in paragraph (a).
If the Recorder is satisfied that the holder of a mineral claim is not in compliance with a provision of this Act or the regulations, the Recorder may do one or more of the following:
(a) notify the holder of the provision of this Act or the regulations that the Recorder considers is not being complied with; and
(b) order, in writing, the holder to comply with the provision within a period specified in the order.
If the holder does not comply with the order under paragraph (1)(b) within the period specified, the Recorder may cancel the mineral claim and notify the holder of the cancellation.
The holder of a mineral claim has 20 days after the date they are notified of the cancellation to request the Minister to reconsider the decision of the Recorder to cancel the mineral claim.
On the cancellation of a mineral claim under this section, the land covered by the mineral claim shall be withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.
Subject to this Act and the regulations, the registration of a mineral claim gives the holder of the mineral claim
(a) the right of free access to the claim area by any reasonable means, including the right of access over and exit from the claim area, and
(b) the exclusive right to prospect for minerals and carry on work in or on the claim area and to remove minerals from the claim area for purposes of sampling and testing.
The holder of a mineral claim is liable for actual damage to land and interference with the use and enjoyment of property caused by the holder or anyone acting on the holder’s behalf when in or on the claim area.
Subject to the regulations, a mineral claim expires at midnight on the anniversary of the date of registration.
On or before the date of expiration of the mineral claim, a mineral claim may be renewed in accordance with the regulations.
A holder of a mineral claim shall submit to the Recorder an assessment report of the required work performed in respect of the mineral claim, including a statement of the costs incurred, containing the information required by the Recorder for the period specified by the Recorder.
The mineral claim shall not expire because of any delay that may occur in the consideration of the assessment report under subsection (1) or in conducting an investigation on any ground considered necessary by the Recorder.
If the Recorder is satisfied that the required work has been properly performed and, if applicable, is satisfied that the holder of the mineral claim is in compliance with any condition prescribed by regulation, the Recorder shall notify the holder in writing to that effect and shall indicate the amount of any excess dollar value of work that has been credited toward required work that is prescribed by regulation.
Despite any other provision of this Act or the regulations, the Recorder may authorize work not prescribed by regulation as required work for the purposes of this Act and the regulations if the Recorder is satisfied that the work is a good faith attempt to prove the existence, extent and value of a mineral deposit.
The Recorder may review, in accordance with the regulations, the required work performed and completed by a holder of a mineral claim in any year to determine whether the required work was performed and completed in accordance with the regulations and with the standard progression sequence for the exploration or development of minerals established by regulation.
Following the review by the Recorder under subsection (1), if the Recorder determines that any required work was not performed or completed in accordance with regulations or the standard progression sequence for the exploration or development of minerals established by regulation, the Recorder may disallow all or any portion of that required work.
On payment of the fee prescribed by regulation, the holder of a mineral claim may group contiguous claims into one group of contiguous mineral claims by registration in the registry.
The date of registration of each mineral claim contained in a group of contiguous mineral claims grouped under this section is deemed to be the date of registration of the first registered mineral claim in the group.
A mineral claim unit may be separated from a mineral claim grouped under this section by registration in the registry only as a result of surrender, transfer, expiry or cancellation of the mineral claim unit.
The holder of a mineral claim may surrender the claim or any part of the claim by registration in the registry.
When a mineral claim expires or is surrendered or cancelled under this Act, the former holder of the mineral claim may remove, within six months after the date of the expiry, surrender or cancellation, any structure, equipment, machinery or other property that the person may have placed or erected on the claim area.
When the holder of a mineral claim is not the owner of the surface rights to the land, the ownership of any structure, equipment, machinery or other property placed or erected on the claim area by the holder and remaining after the expiry of the period referred to in subsection (1) vests, subject to any agreement with the owner of the surface rights to the land, in the Crown and may be sold, leased or otherwise disposed of by the Minister.
When a mineral claim expires or is surrendered or cancelled, the former holder of the mineral claim continues to be liable for any obligation for which the person was liable under this Act or the regulations immediately before the expiry, surrender or cancellation.
On expiry or surrender of a mineral claim, the claim area is withdrawn from prospecting and registration of mineral claims for the number of days prescribed by regulation, and the former holder of the mineral claim, or anyone in that person’s name, shall not register any mineral claim unit that was included in the claim area of the expired or surrendered mineral claim before the number of days prescribed by regulation.
Despite subsection (4), on or before the time prescribed by regulation and on payment of the fee prescribed by regulation, the former holder of the mineral claim may request that the mineral claim be reinstated, and the Recorder may reinstate the mineral claim.
On payment of the fee prescribed by regulation and in accordance with the regulations, the holder of a mineral claim or their agent may transfer the mineral claim or any interest in the mineral claim by registration in the registry.
The holder of a mineral claim or their agent shall comply with any conditions respecting the transfer of the mineral claim or any interest in the mineral claim prescribed by regulation.
The Recorder may, by request, at any time require that a prospector, former prospector or their agent or former agent produce for inspection the document authorizing a transfer or other instrument affecting the transfer of a mineral claim.
A prospector or former prospector to whom a request is made shall without delay produce the instrument requested under subsection (3).
A regional survey shall be conducted in accordance with the regulations, and when conducted
(a) on land covered by a mineral claim or mining lease and extending to lands beyond the land covered by the claim or lease, the regional survey may be credited towards the required work for that mineral claim or mining lease, and
(b) on land open for prospecting and registration of mineral claims, the regional survey may be credited towards the required work for a mineral claim that is registered on that land before the report of the survey is submitted to the Recorder.
A report of a regional survey shall be prepared in accordance with the regulations and submitted to the Recorder.
A regional survey may be credited towards the required work for the mineral claim or mining lease under subsection (1) if the report of the survey is submitted to the Recorder within the time prescribed by regulation.
All drill core and cuttings
(a) shall be retained, in accordance with the regulations, in standard core boxes at a core storage facility, and
(b) shall not be removed from the Province without receiving approval from the Recorder.
If the drill core or cuttings are not being retained in accordance with paragraph (1)(a) or with any requirements prescribed by regulation, the Minister may take possession of the drill core or cuttings in the name of the Crown.
Within 30 days of receiving a request for approval under paragraph (1)(b), the Recorder shall approve or deny the request.
Without the permission of the Recorder, no person shall abandon, discard, dump, destroy or otherwise reduce the original technical value of any drill core or cuttings obtained by surface or underground drilling for the purposes of prospecting or mineral exploration, except for those drill core or cuttings submitted for assaying or testing or for microscopic, metallurgical or beneficiation studies.
Any person intending to abandon, discard, dump, destroy or otherwise reduce the original technical value of any drill core or cuttings obtained by surface or underground drilling that are in their possession or stored with them for safekeeping, other than as authorized under section 58, shall notify the Recorder of that intention, and on receipt of the notification the Recorder shall
(a) provide that person with permission in accordance with section 58,
(b) take possession of the drill core or cuttings in the name of the Crown, or
(c) log the drill core or cuttings and provide that person with permission in accordance with section 58.
The actions taken by the Recorder under subsection (1) shall be at the expense of the Crown.
After a mineral claim or mining lease expires, is surrendered or is cancelled, or if the former holder of the mineral claim or mining lease does not comply with the provisions of this Part, the Minister may, in the Minister’s discretion, take possession of any drill core and cuttings
(a) that remain on the area of the expired, surrendered or cancelled claim or lease,
(b) drilled from the area of the expired, surrendered or cancelled claim or lease that are located outside the area of the claim or lease, or
(c) that are retained in a manner that is not in compliance with this Part.
If the Minister takes possession of drill core or cuttings, the drill core and cuttings become the property of the Crown.
No person shall produce minerals or cause production to be carried on unless the person is the holder of a mining lease.
Subject to the regulations, a holder of a mineral claim or a group of contiguous mineral claims may apply to the Minister, on a form provided by the Minister, for a mining lease and shall provide the Minister with any document, information, fee or security prescribed by regulation within the time prescribed by regulation.
The Minister may, in addition to any terms and conditions prescribed by regulation, impose any requirement that the Minister considers appropriate to be met by the applicant before the application is granted.
On being satisfied that the applicant has complied with all the requirements of this Act and the regulations in relation to an application for a mining lease, the Minister shall grant the mining lease to the applicant.
A mining lease is subject to any requirement prescribed by regulation and any terms and conditions imposed by the Minister and the following terms and conditions:
(a) the holder pays rent in accordance with the regulations; and
(b) the holder submits a statement of all work performed to the Minister in accordance with the regulations in relation to the lease during the year, including work performed in excess of required work.
The Recorder shall enter on the record of a mining lease or agreement under subsection 6(3) a note of any order or decision affecting the mining lease or agreement, giving the date of the order or decision and its effect and the date of entry.
The term of a mining lease shall be for
(a) up to 20 years, or
(b) with the approval of the Lieutenant-Governor in Council, more than 20 years.
Subject to the requirements prescribed by regulation, a holder of a mining lease who wishes to apply for a renewal of their lease shall do so in accordance with the regulations at least six months before the expiry of the mining lease.
The Minister may refuse to renew a mining lease if, after investigation and reasonable inquiry, the Minister is satisfied that the holder has
(a) violated or failed to comply with a provision of this Act or the regulations or any other Act,
(b) violated or failed to comply with any term or condition to which the mining lease is subject, or
(c) made a false statement on the application for the lease or for a renewal or in any report, record, document or other information required to be provided under this Act or the regulations.
A holder of a mining lease or a party to an agreement under subsection 6(3) shall not assign, transfer, set over or otherwise part with all or any of the rights granted under the mining lease or the agreement to any person without the written consent of the Minister.
The Minister may refuse to give consent under subsection (1) if, in the opinion of the Minister, it is in the public interest to do so.
Except as this Act otherwise expressly provides, the holder of a mining lease or their agent may transfer or assign the mining lease or any interest in the mining lease, in accordance with this Act and the regulations.
A transfer of a mining lease or of any interest in a mining lease shall be
(a) in the form acceptable to the Minister,
(b) signed by the transferor or their agent authorized by instrument in writing, and
(c) accompanied by the fee prescribed by regulation.
The Recorder may at any time require a holder or former holder of a mining lease to produce for inspection the document authorizing a transfer or other instrument affecting the transfer of a mining lease.
A holder or former holder of a mining lease to whom a request is made shall without delay produce the document or other instrument requested.
No document authorizing a transfer of a mining lease or other instrument affecting the transfer of a mining lease shall be received by the Recorder and entered on the record unless it complies with the requirements and conditions established by regulation.
Subject to the terms and conditions of the mining lease, a mining lease gives the holder
(a) the right of free access to, over and from the lease area by any reasonable means, but if the land is private land, consent of the owner shall be obtained,
(b) subject to this Act, the exclusive right to prospect for minerals and carry on mining on the lease area and to remove minerals from the lease area for purposes of sampling and testing, and
(c) the exclusive right to carry on production on the lease area and to remove minerals from the lease area.
Subject to the terms and conditions of a mining lease and the provisions of an exploration work permit, if applicable, the holder of a mining lease is liable for actual damage to or interference with the use and enjoyment of property caused by the holder or anyone acting on the holder’s behalf in or on the lease area.
In accordance with the regulations, every holder of a mining lease shall undertake and complete a program for the reclamation and rehabilitation of the environment affected by the mining operation and leave the environment in a condition satisfactory to the Minister.
A program for the reclamation and rehabilitation of the environment under subsection (1) shall be submitted for approval by the Minister within the time prescribed by regulation.
Every holder of a mining lease shall submit to the Recorder completed returns as required by the regulations within the time prescribed and in accordance with the regulations.
On or before a date in each year to be set by regulation, every person who was the holder of a mining lease at any time during the preceding calendar year shall submit to the Recorder a statement, on a form provided by the Minister, specifying the kind, amount and cost of all work done in respect of the mining lease during that preceding calendar year and the minerals recovered or recoverable, despite the fact that the lease may have expired or may have been surrendered or cancelled during that year.
The holder of a mining lease shall immediately notify and provide to the Minister an explanation of the failure to carry out production, the reduction in production or the cessation of production when
(a) the percentage of planned capacity prescribed by regulation has not been commenced by the time prescribed by regulation,
(b) production is reduced to less than the percentage of planned capacity prescribed by regulation after the commencement of production, or
(c) production ceases for any reason during the term of a lease.
When required to do so by the Minister at the time a mining lease is granted or at any time after, a holder of a mining lease shall process or further process in the Province or in another province or territory of Canada any minerals mined in the Province under the mining lease.
The Minister shall not require a holder of a mining lease to process or further process minerals in the Province or in another province or territory of Canada unless the Minister is satisfied that the holder of a mining lease is economically able to do so.
The requirements for the opening and reopening of a mine for the purpose of production shall be prescribed by regulation.
Before closing or abandoning a mine or otherwise rendering a mine inaccessible, the holder of a mining lease shall give to the Minister written notice within the time prescribed by regulation and provide the Minister with any plans or other documents required by the regulations.
Subject to and in accordance with the regulations, when in the opinion of the Minister a holder of a mining lease has violated or failed to comply with any provision of this Act or the Metallic Minerals Tax Act or the regulations under those Acts, or with any term or condition of their mining lease, the Minister, following an investigation of the failure or alleged violation or failure, may
(a) cancel the mining lease,
(b) extend the time for complying with the provision or the term or condition, or
(c) make any order or decision the Minister considers appropriate.
A holder of a mining lease may at any time surrender their mining lease by notice signed by the holder and filed together with the counterpart of the mining lease in the office of the Recorder.
If the counterpart of a mining lease has been lost or cannot be obtained, a statement verified by affidavit or solemn declaration to that effect made by the holder of the mining lease shall be filed in place of the counterpart.
Subject to other provisions of this Act respecting the cancellation, expiry or surrender of a mining lease, when a mining lease is cancelled, expires or is surrendered, the land covered by the mining lease is immediately withdrawn from prospecting and registration of mineral claims until the Recorder otherwise directs.
When a mining lease expires or is surrendered or cancelled under this Act, the former holder of the mining lease may remove, within one year after the expiry, surrender or cancellation, any structure, equipment, machinery or other property that the person may have placed or erected on the lease area and may remove any minerals which the former holder may have extracted from the lease area and in relation to which the person has paid the royalty required under this Act or the tax required under the Metallic Minerals Tax Act, but the former holder shall not remove any supports placed within a mine or any timbers or framework installed for the use and maintenance of any shafts or other approaches to any mine.
When a holder of a mining lease is not the owner of the surface rights to the land, the ownership of any structure, equipment, machinery or other property placed or erected on the lease area by the holder of the mining lease and remaining after the expiry of the period referred to in subsection (1), subject to any agreement with the owner of the surface, vests in the Crown and may be sold, leased or otherwise disposed of by the Minister.
The ownership of any extracted mineral remaining on the lease area after the expiry of the period referred to in subsection (1) vests with the Crown.
When a mining lease expires or is surrendered or cancelled, the former holder continues to be liable for any money owing with respect to taxes, royalties or rents or with respect to the reclamation and rehabilitation of the land and for any other obligation for which the former holder was liable under this Act or the regulations immediately before the expiry, surrender or cancellation.
On application by the holder of a mining lease to the Minister, and on payment of the fee prescribed by regulation, a mining lease may be reconverted into a mineral claim in the manner determined by the Minister.
When a mineral claim is created from a reconversion in accordance with subsection (1), the mineral claim shall be subject to any terms or conditions prescribed by regulation.
On application by the holder of a mining lease and on payment of the fee prescribed by regulation, the Minister may authorize the reduction, subdivision, amalgamation or enlargement of land covered by the mining lease under the terms and conditions the Minister determines.
Subject to the regulations, the Minister may require the holder of a mining lease to conduct a lease area boundary survey.
A holder of the mining lease shall have a lease area boundary survey carried out in accordance with the Surveys Act by a land surveyor who is qualified under the laws of the Province.
When production of one or more minerals ceases for any reason for a consecutive period of five years or more during the term of a mining lease or an agreement under subsection 6(3), the Minister may, by order, require the holder or the party to the agreement to submit a report to determine the reasons for which production is not feasible.
Following a review of the report referred to in subsection (1), the Minister may, by order, do one or more of the following:
(a) require the holder of the mining lease or the party to the agreement to perform additional work on the lease area or area covered by the agreement, to increase production or to produce a mineral not being produced, as the case may be, as set out in the order;
(b) direct the Recorder to reconvert the mining lease back into a mineral claim;
(c) require the holder of the mining lease or the party to the agreement, within the time set out in the order,
(i) to transfer the mining lease or agreement,
(ii) if the holder or party to the agreement is the owner of the surface, to transfer those rights as well as the ownership of any structure, equipment, machinery or other property placed or erected on the lease area or area covered by the agreement by the holder of the mining lease or party, and
(iii) if the holder or party to the agreement holds a lease of Crown Lands in the lease area or in the area covered by the agreement, to transfer the lease of Crown Lands; and
(d) cancel the mining lease or agreement.
An order under this section shall be in writing and served on each person to whom the order is directed and is effective on service of the order.
A person who has been served with an order under this section shall comply with the order within the time, if any, specified in the order.
An order under this section may be subject to any terms and conditions imposed by the Minister.
Subject to an appeal to the appeal authority, when a mining lease or an agreement is cancelled under paragraph (2)(d) and the holder of the mining lease or party to the agreement is the owner of the surface rights,
(a) those rights, subject to the Minister and the holder or party to the agreement under subsection 6(3), as the case may be, entering into an agreement for the ownership of the land, may be expropriated in accordance with the Expropriation Act, and the expropriation shall be carried out by the Minister in accordance with that Act, and
(b) the ownership of any structure, equipment, machinery or other property placed or erected on the claim area, lease area or area covered by the agreement under subsection 6(3), as the case may be, by the holder or party to that agreement and is remaining after the expropriation referred to in paragraph (a), vests in the Crown and may be sold, leased or otherwise disposed of by the Minister.
The Minister may without prior notice or hearing, if in the Minister’s opinion the order is desirable for the protection of the strategic mineral supply chain, make one or more of the following orders:
(a) direct the Recorder to suspend one or more of the functions of the registry;
(b) direct the Recorder to refuse to issue a prospecting licence or to cancel or suspend an existing prospecting licence;
(c) with the approval of the Lieutenant-Governor in Council, require the holder of a mineral claim, mining lease or a party to an agreement under subsection 6(3), within the time set out in the order,
(i) to transfer the mineral claim, mining lease or mining right granted under subsection 6(3), as the case may be, and
(ii) if the holder or the party to an agreement is the owner of the surface rights, to transfer those rights as well as the ownership of any structure, equipment, machinery or other property placed or erected on the lease area or the land covered by the agreement by the holder or party to that agreement; or
(d) cancel the mineral claim, mining lease or agreement, as the case may be.
Before making an order under subsection (1), the Minister shall consider the following factors:
(a) any risk assessment provided by the Department of Justice and Public Safety;
(b) the economic interests of the Province; and
(c) any other factor prescribed by regulation.
An order under this section shall be in writing and served on each person to whom the order is directed and is effective on service of the order.
A person who has been served with an order under this section shall comply with the order within the time, if any, specified in the order.
When a mineral claim, mining lease or agreement under subsection 6(3) is cancelled under paragraph (1)(d) and the holder or party to the agreement is the owner of the surface rights,
(a) those rights, subject to the Minister and the holder or party to the agreement under subsection 6(3), as the case may be, entering into an agreement for the ownership of that land, may be expropriated in accordance with the Expropriation Act, and the expropriation shall be carried out by the Minister in accordance with that Act, and
(b) the ownership of any structure, equipment, machinery or other property placed or erected on the claim area, lease area or area covered by the agreement under subsection 6(3), as the case may be, by the holder or party to that agreement and is remaining after the expropriation referred to in paragraph (a), vests in the Crown and may be sold, leased or otherwise disposed of by the Minister.
An order under this section may be subject to any terms and conditions imposed by the Minister.
The Minister’s decision to make an order under this section is final and may not be questioned or reviewed in any court of competent jurisdiction.
After a mineral claim has been registered or a mining lease has been recorded, every instrument other than a will affecting the mineral claim or mining lease or an interest in the mineral claim or mining lease is void as against a subsequent purchaser or transferee for valuable consideration without actual notice, unless the instrument is registered or recorded before the registration or recording, as the case may be, of the instrument under which the subsequent purchaser or transferee claims.
The recording or registration of an instrument under this Act with respect to a mineral claim or mining lease constitutes notice of the instrument to all persons claiming any interest in the mineral claim or mining lease after the recording or registration, despite any defect in the proof for registration or recording.
Despite section 43, priority of registration or recording prevails over a prior instrument, unless before the registration or recording there was actual notice of the prior instrument to the party claiming under the registration or recording.
A person is not liable to pay a royalty under this section in respect of minerals in relation to which the person is liable to pay a tax under the Metallic Minerals Tax Act.
Royalties owing under this Act are due and payable on a date or dates prescribed by regulation.
When the Lieutenant-Governor in Council considers it necessary for the better management of mines and minerals and despite anything contained in this Act or the regulations, the Lieutenant-Governor in Council may suspend the requirement for any person to pay royalties under this Act for a period not exceeding 10 years.
A mineral claim or mining lease does not confer on the holder any right of possession of land covered by the mineral claim or mining lease.
A mineral claim or mining lease does not confer on the holder the right to move or use any sand, gravel, clay, soil, ordinary stone, peat or peat moss, other than for analysis or to expose minerals for the purpose of prospecting, mineral exploration or mining or to carry out reclamation and rehabilitation of the environment.
A mineral claim or mining lease does not confer on the holder the right to take away from the land covered by the mineral claim or mining lease any substance that is not a mineral.
A holder of a mineral claim or mining lease, an operator of a mine and a person employed in relation to a mineral claim, mining lease or mine shall use the land covered by the claim, lease or mine, and any contiguous land, in the manner least injurious to the owners and occupants of the land.
A holder of a mineral claim or mining lease shall not interfere with the operations of any licensee or lessee under the Bituminous Shale Act or the Oil and Natural Gas Act.
When it appears that land covered by a mineral claim, mining lease or mine is being used for a purpose other than one authorized under this Act or the regulations, the Minister may cancel the mineral claim or mining lease, and on cancellation the land covered by the cancelled claim or mining lease is withdrawn from prospecting and registration of mineral claims until the time set by the Minister.
A prospector, a holder of a mineral claim or mining lease or an operator of a mine, or an agent of any of them, shall not cause actual damage to or interference with the use and enjoyment of property without being the holder of an exploration work permit.
A prospector, a holder of a mineral claim or mining lease or an operator of a mine, or an agent of any of them, may apply to the Minister for an exploration work permit.
A person referred to in subsection (1) who applies for an exploration work permit shall
(a) reach an agreement with the owner of the property with respect to the actual damage to or interference with the use and enjoyment of the property or, if no agreement is reached, comply with the requirements prescribed by regulation,
(b) pay the fee prescribed by regulation at the time the application is made, and
(c) provide the Minister with any other information required by or in accordance with the regulations.
The Minister, on being satisfied that the applicant has complied with all the requirements of this Act and the regulations in relation to an application for an exploration work permit, may issue to the applicant an exploration work permit.
The Minister may, in accordance with the regulations, refuse to issue an exploration work permit.
On issuing an exploration work permit, the Minister may, in addition to any terms and conditions established by or in accordance with the regulations, make the exploration work permit subject to terms and conditions in relation to
(a) the preparation of a program for the reclamation and rehabilitation of the environment and approval its by the Minister before commencing any planned work, and
(b) the filing of security, in an amount and in the form prescribed by regulation, before commencing any planned work, conditioned for the payment of costs with respect to actual damage to property and for the reclamation and rehabilitation of the environment.
The Minister may at any time review a program for the reclamation and rehabilitation of the environment referred to in paragraph (1)(a) and may require the holder
(a) to revise the program, and
(b) to submit the revised program to the Minister for the Minister’s approval within the period of time specified by the Minister.
If the holder of an exploration work permit is required to submit a program for the reclamation and rehabilitation of the environment referred to in paragraph (1)(a), the holder of the permit shall provide a copy of the program to the owner of the land as soon as circumstances permit and no planned work shall be commenced on the land before the period prescribed by regulation.
Despite any other provision of this Part, a prospector, a holder of a mineral claim or mining lease or an operator of a mine, or an agent of any of them, shall not cause actual damage to or interference with the use and enjoyment of any property prescribed by regulation without
(a) the notification of the persons prescribed by regulation,
(b) the consent of the persons prescribed by regulation, and
(c) the engagement of the persons prescribed by regulation.
Despite any other provision of this Part, a prospector, a holder of a mineral claim or mining lease or an operator of a mine, or an agent of any of them, shall not cause actual damage to or interference with the use and enjoyment of Crown Lands held under a lease under the Crown Lands and Forests Act without the consent of the lessee.
The rights conferred on a prospector, a holder of a mineral claim or mining lease, a party to an agreement under subsection 6(3) or an operator of a mine are subject to the payment to a licensee, sublicensee or permittee under the Crown Lands and Forests Act of the value of their interest in any timber cut or damaged.
Any disagreement between the prospector, the holder of the mineral claim or mining lease, the party to an agreement under subsection 6(3) or the operator of the mine and the licensee, sublicensee or permittee under subsection (2) in respect of quantity of timber or value of interest in the timber shall be determined by the Minister.
The Minister may at any time require security in the forms and amounts the Minister considers appropriate in addition to the security required by or deposited under this Act or the regulations.
The Minister shall return security negotiated under this Act or the regulations to the depositor when a substitute security has been deposited or when the Minister has determined that the security is no longer required.
When the appeal authority determines that there has been actual damage to or interference with the use and enjoyment of property and the appeal authority has determined the compensation to be paid, the appeal authority may order a prospector, holder of a mineral claim, holder of a mining lease, party to an agreement under subsection 6(3) or operator of a mine to pay the amount payable to the person aggrieved.
When an order under subsection (1) is made by the appeal authority and the Recorder receives a certificate of non-payment from the Minister stating that the order has not been complied with within 30 days after the date the decision of the appeal authority was mailed or within the time specified in the order, and the security provided is negotiable, the Recorder shall negotiate the security and satisfy the amount ordered to be paid from the proceeds.
When security is negotiated under this section, the prospector, holder of the mineral claim or mining lease or operator of the mine shall deposit new security in accordance with this Act.
The fund called the Mine Reclamation Fund established under the previous Act is continued under this Act.
Security that is submitted by the holder of a mining lease or the operator of a mine, or an agent of any of them, shall
(a) in the form of money, and
(b) conditioned for the payment of costs with respect to the reclamation and rehabilitation of the environment.
The Minister of Finance and Treasury Board shall be the custodian of the Mine Reclamation Fund, and the Mine Reclamation Fund shall be held in trust by the Minister of Finance and Treasury Board.
The Mine Reclamation Fund is held for the purposes of this section in a separate account in the Consolidated Fund.
Money received under subsection (2) shall be in the name of the holder of the mining lease or the operator of the mine, credited to the Mine Reclamation Fund and shall earn interest at the rate determined by the Minister of Finance and Treasury Board.
On the recommendation of the Minister, the Minister of Finance and Treasury Board may make payments from the Mine Reclamation Fund for the purpose of
(a) performing work considered necessary by the Minister and required by the relevant program for the reclamation and rehabilitation of the environment approved by the Minister, and
(b) refunding any money, including interest, to the holder of the mining lease or the operator of the mine, or an agent of either of them, when the Minister has determined that the money is no longer required as security.
If the holder of a mineral claim requires the acquisition of the private land for the development of a mine or for any purpose connected with or incidental to that mine and is unable to reach an agreement with the owner of the private land, the holder may apply to the appeal authority for a vesting order issued under this Part.
On application, the appeal authority shall hear and determine whether the private land should be vested in the applicant and, if the appeal authority determines that the land should be vested in the applicant, the appeal authority shall determine the amount of compensation to be paid in accordance with this Part.
The holder of the mineral claim shall serve by personal service a copy of the application on the owner.
The matters and things to satisfy the appeal authority that lands required by the holder of mineral claim should be vested in the holder of the mineral claim shall be prescribed by regulation.
A vesting order shall contain the following:
(a) a statement indicating that the private land vests in the applicant in fee simple, free and clear from all encumbrances, other than a right-of-way or easement for the conveyance, transmission or transportation of water, oil, gas, electricity or telecommunication or for the disposal of sewage or any other easement or right of-way, however created, on, over or in respect of the private land;
(b) a provision requiring the applicant to pay all debts, liabilities and taxes owing on the private land;
(c) a provision requiring the applicant to pay compensation in the amount the appeal authority considers appropriate;
(d) a provision specifying the form and manner in which the applicant shall provide proof of payment of the debts, liabilities, taxes and compensation for the purpose of registering the vesting order; and
(e) any other provision for the disposal of the matter that the appeal authority considers appropriate.
The appeal authority has exclusive jurisdiction to hear and determine the questions, disagreements, matters and claims referred to in section 102 arising out of the application of this Act
(a) between prospectors, holders of mineral claims or mining leases or parties to an agreement under subsection 6(3) and the Recorder or other officers appointed or designated by the Minister under this Act,
(b) between prospectors,
(c) between holders of mineral claims,
(d) between holders of mining leases,
(e) between parties to an agreement under subsection 6(3),
(f) between prospectors and holders of mineral claims or mining leases or parties to an agreement under subsection 6(3),
(g) between holders of mineral claims and holders of mining leases or parties to an agreement under subsection 6(3),
(h) between holders of mining leases and parties to an agreement under subsection 6(3),
(i) between prospectors, holders of mineral claims, holders of mining leases or parties to an agreement under subsection 6(3) and owners of surface rights, and
(j) between any other persons prescribed by regulation.
The appeal authority has exclusive jurisdiction to hear and determine the following questions, disagreements, matters or claims:
(a) respecting applications for mining leases, the registration or transferring of mineral claims or the recording or transferring of mining leases or agreements under subsection 6(3);
(b) respecting the issuance of licences, certificates, mining leases or agreements under subsection 6(3) and the extension or renewal of mineral claims, mining leases or agreements under subsection 6(3);
(c) respecting the cancellation of prospecting licences, mineral claims, mining leases or agreements under subsection 6(3), including allegations of default of terms or conditions, and whether any misrepresentation by applicants for prospecting licences, mineral claims, mining leases or agreements under subsection 6(3) or by holders of prospecting licences, mineral claims, mining leases or agreements under subsection 6(3) is material;
(d) respecting the boundaries of land covered by a mineral claim, mining lease or agreement under subsection 6(3);
(e) respecting, in connection with mineral exploration and mining, the reclamation and rehabilitation of the environment;
(f) respecting rights of entry;
(g) respecting the factors that are to be taken into consideration by the Minister or Recorder when requiring an amount of security or deposit under this Act;
(h) respecting damage to or interference with the use and enjoyment of property arising out of activity carried out under this Act and including the determination of compensation;
(i) respecting non-compliance with this Act and the regulations by prospectors, holders of mineral claims, mining leases, parties to an agreement under subsection 6(3) or operators of mines;
(j) respecting any question, disagreement, matter or claim that the appeal authority is required by other sections of this Act to hear or determine;
(k) respecting the rights, privileges, obligations or duties of prospectors, holders of mineral claims or mining leases or parties to an agreement under subsection 6(3) and operators of mines conferred or imposed under this Act and the regulations whether or not specifically referred to in paragraphs (a) to (j) of this subsection; and
(l) respecting any other question, disagreement, matter or claim prescribed by regulation.
No action lies and no other proceedings shall be taken in any court for any question, disagreement, matter or claim arising out of the application of this Act and the regulations, except in accordance with this Act, and every question, disagreement, matter or claim shall be determined by the appeal authority which may make any orders and give any directions that the appeal authority considers necessary to give effect to and enforce compliance with the appeal authority’s determinations, orders and directions.
In determining any question, disagreement, matter or claim, the appeal authority may order the alteration, cancellation or reinstatement of a mineral claim, mining lease or agreement under subsection 6(3) or the cancellation or reinstatement of a prospecting licence.
When a mining lease is ordered to be cancelled under subsection (1), the appeal authority shall advise the Recorder of the cancellation and the Recorder shall as soon as possible indicate on the record, if any, that the mining lease is cancelled and register in the registry a notice of the cancellation, and the land covered by the mining lease is withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.
When a mineral claim is ordered to be cancelled under subsection (1), the appeal authority shall advise the Recorder of the cancellation and the Recorder shall immediately mark in the registry that the mineral claim is cancelled, and the land covered by the mineral claim is withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.
When an agreement under subsection 6(3) is ordered to be cancelled under subsection (1), the appeal authority shall advise the Recorder of the cancellation and the Recorder shall immediately mark in the registry that the agreement is cancelled, and the land covered by the agreement is withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.
When the appeal authority has determined that there has been actual damage to or interference with the use and enjoyment of property and the appeal authority has determined the compensation to be paid, the appeal authority may order a prospector, holder of a mineral claim or mining lease, party to an agreement under subsection 6(3) or operator of a mine to pay the amount payable to the person aggrieved.
Despite any provision of the regulations, when a mineral claim, mining lease or agreement under subsection 6(3) was or is the subject of an application under section 107, the appeal authority may, in determining any question, disagreement, matter or claim referred to in this Act or in the regulations, make an order, on the terms the appeal authority considers appropriate, relieving the party to the agreement or the holder of the mineral claim or mining lease from the performance of any or all the required work.
The appeal authority may award costs on hearing and determining any question, disagreement, matter or claim referred to in this Part.
In hearing and determining any question, disagreement, matter or claim referred to in this Part, the appeal authority may order an officer to inspect a mine or the land covered by a mineral claim, mining lease or agreement under subsection 6(3), with or without notice, for the purpose of ascertaining whether the operator of the mine or the holder of the mineral claim, mining lease or party to an agreement under subsection 6(3) has complied with this Act and the regulations.
A report of an inspection shall be made in writing by the officer making the inspection, and it shall be filed in the office of the Recorder.
The holder of the mineral claim or mining lease, the operator of the mine, a party to an agreement under subsection 6(3) or any other interested person is entitled, on payment of the fee prescribed by regulation, to receive from the Recorder a certified copy of a report of inspection filed in the office of the Recorder under this section.
A person seeking redress with respect to any question, disagreement, matter or claim, other than a matter concerning the acquisition of private land by a vesting order under Part 15, may apply to the appeal authority for an adjudication under this Part.
The appeal authority shall notify all persons who are parties, all persons who the appeal authority considers are affected and should be notified and the Recorder of an application under subsection (1).
Despite any other provision of this section, the appeal authority may, with the approval in writing of the parties, proceed to summarily hear the parties and may, with or without reasons, base its decision solely on that hearing in which case the appeal authority’s decision is final.
Within 30 days after the date the decision was mailed or within another time as may be specified by order of the appeal authority in its decision, each of the parties shall comply with the decision of the appeal authority and any orders made by the appeal authority.
The Recorder shall not record a mineral claim and shall not consider an application for a mining lease when the land covered by the mineral claim or in respect of which the application for a mining lease is made is, at the time of the filing of the application,
(a) the subject of an application before the appeal authority, or
(b) the subject of a decision or order of the appeal authority and the time within which an appeal from the decision or order may be made has not expired.
When the appeal authority is satisfied that a party has received notice of the hearing, the appeal authority may proceed to conduct the hearing and make a determination in the absence of that party.
The appeal authority may extend the time for doing anything in relation to an application before the appeal authority under this Act, whether or not the time has expired, and may abridge the time for doing anything in relation to an application before the appeal authority under this Act.
A copy of any order made by the appeal authority may be filed in The Court of King’s Bench of New Brunswick and shall be entered and recorded in that court, and when entered and recorded, the order becomes a judgment of that court and may be enforced against the person named in the order.
Subject to the regulations, the appeal authority may hear and determine any question, disagreement, matter or claim arising out of the application of this Act and the regulations with or without conducting a hearing.
All reasonable costs and charges respecting the filing, entering and recording of an order under subsection (8) shall be recovered in the same manner as if the amount of those costs and charges had been included in the order.
A person aggrieved by an order or decision of the appeal authority may make an application for judicial review of the order or decision to The Court of King’s Bench of New Brunswick within 30 days after the order or decision is made.
An application for judicial review does not stay the operation of the order or decision of the appeal authority unless a judge of The Court of King’s Bench of New Brunswick orders otherwise, but the appeal authority itself may suspend the operation of the order or decision until the Court has rendered its decision.
Subject to the regulations and in accordance with the regulations, if the Minister is satisfied that a person has violated or failed to comply with this Act or the regulations, the Minister may impose an administrative penalty on the person by issuing a notice of administrative penalty.
A person referred to in subsection (1) who pays the administrative penalty shall be deemed to have contravened the provision of this Act or the regulations in respect of which the payment was made and shall not be charged with an offence in respect of the same incident that gave rise to the administrative penalty.
If a person referred to in subsection (1) does not pay the administrative penalty within 30 days of receiving the notice, the person may be charged with an offence under this Act or the regulations in respect of the same incident that gave rise to the administrative penalty.
Subject to subsection (3), a person charged with an offence under this Act or the regulations is not liable to an administrative penalty in respect of the same incident that gave rise to the charge.
The Province may sue for and recover an administrative penalty in an action in any court as if the amount were a debt.
No person shall
(a) supply any false information under this Act,
(b) obstruct the Minister or the Recorder or other officer appointed or designated under this Act in the execution of their powers and duties, or
(c) fail to comply with a decision or order made by the appeal authority, the Recorder or the Minister.
No prospector, holder of a mineral claim or mining lease, party to an agreement under subsection 6(3) or operator of a mine, or an agent of any of them, shall without lawful authority interfere with mining on land covered by the mineral claim, mining lease or mine of any other holder of a mineral claim or mining lease or operator of a mine.
A person’s liability to prosecution for a violation of subsection (1) is in addition to any civil liability.
A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.
For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.
Subject to subsection (4), a person who violates or fails to comply with a provision of the regulations commits an offence that is punishable as a category C offence under Part 2 of the Provincial Offences Procedure Act.
A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.
A person who breaches any terms or conditions of a mineral claim, mining lease, prospecting licence or exploration work permit issued or granted under this Act commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
When a corporation commits an offence under this Act, any officer, director, employee or agent of that corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and commits the offence and on conviction is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
Nothing in subsection (1) relieves the corporation that committed an offence under this Act from liability for the offence.
In construing and enforcing this Act, the act, omission, neglect or failure of an officer, director, employee or agent of a corporation, acting within the scope of their employment or instructions, is the act, omission, neglect or failure of the corporation.
In any prosecution or other proceeding under this Act, a certificate purporting to be signed by the Recorder to the effect that any person has done any act prohibited by this Act or the regulations or failed to comply with a provision of this Act or the regulations is proof in the absence of evidence to the contrary of the Recorder’s appointment, authority or signature and is admissible in evidence and is proof of the facts stated in the certificate.
A certificate referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the certificate.
A person against whom a certificate referred to in subsection (1) is produced may, with leave of the court or the Minister, as the case may be, require the attendance of the Recorder for purposes of cross-examination.
If an offence under this Act or the regulations continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
In addition to any information the confidentiality of which is protected by regulation, information obtained by the Minister, a person employed or appointed under this Act or by a person whose duties include the administration and enforcement of this Act and the regulations is confidential if the Minister certifies that the information
(a) should not in the public interest be disclosed, or
(b) cannot be disclosed without prejudice to the interests of persons to whom the information pertains.
In this section, “interest” includes a share, whether publicly traded or not, in a corporation or partnership that holds an interest in a mineral claim, a mining lease or a mine.
The Minister and a person who is appointed or employed under this Act or whose duties include the administration and enforcement of this Act and the regulations shall not
(a) directly or indirectly purchase or have an interest in a mineral claim, a mining lease or a mine in the Province, including a share whether publicly traded or not, in a corporation or partnership that holds an interest in the mineral claim, mining lease or mine, or
(b) disclose or make known, except for the purposes of the administration and enforcement of this Act and the regulations, any confidential information that comes to their knowledge by reason of that person’s appointment, employment or duties, unless
(i) the owner of that information, or their authorized agent, has given permission for its disclosure, or
(ii) the period of confidentiality of that information, as provided by regulation, has expired.
Every person convicted of an offence under subsection (2) forfeits their office or employment.
Every person who is appointed or employed under this Act or whose duties include the administration and enforcement of this Act and the regulations shall, if required by the Minister, take and subscribe an oath or make and subscribe a solemn affirmation in the form specified by the Minister to abide by the provisions of subsection 117(2).
No action or other proceeding lies or shall be instituted against any of the following persons for any thing done or purported to be done in good faith by any of them or in relation to anything omitted in good faith by any of them in the exercise or intended exercise of a power or duty under this Act or the regulations:
(a) the Minister;
(b) the Recorder;
(c) the appeal authority;
(d) a person appointed under this Act; and
(e) any person who is acting or who has acted under the authority of this Act or under the instructions of a person referred to in this section.
The Minister is responsible for the administration of this Act and may designate persons to act on the Minister’s behalf.
Subject to this Act, the Minister has the administration and control of all mines and all minerals, the ownership of which is vested in the Crown.
The Lieutenant-Governor in Council may make regulations
(a) prescribing substances to be minerals and not to be minerals for the purposes of the definition “mineral”, and limiting the application of a regulation made under this paragraph to one or more specific areas of the Province;
(b) prescribing the land that is withdrawn from prospecting and registration of mineral claims for the purposes of section 5;
(c) prescribing powers and duties of officers for the purposes of paragraph 7(2)(c), including the time and manner and circumstances in which they are to be exercised;
(d) respecting required work, including the waiver or reduction of required work;
(e) prescribing records and instruments for the purposes of section 17;
(f) prescribing an application fee for the purposes of subsection 27(2);
(g) respecting the application for and issuance of a prospecting licence;
(h) respecting the terms and conditions to which a prospecting licence is subject;
(i) prescribing the circumstances in which the Recorder may refuse to issue a prospecting licence for the purposes of subsection 28(4);
(j) respecting the renewal, suspension, replacement and cancellation of prospecting licences;
(k) prescribing the circumstances in which the Recorder may refuse to renew a prospecting licence for the purposes of subsection 31(2);
(l) respecting the terms and conditions to which a renewal of a prospecting licence is subject;
(m) prescribing persons to whom a holder of a prospecting licence must produce and exhibit their prospecting licence for the purposes of section 33;
(n) respecting the registry, including, but not limited to, the information required to effect registration, the effect of registration, searches in the registry, documents or information for which registration is not required but which must be provided to the Recorder in support of registration and when the documents or information must be provided;
(o) respecting instruments to be submitted to the registry, including, but not limited to, the procedures, limitations and manner of registering mineral claims, as well as the registration of any renewal, grouping, surrender or transfer of mineral claims, and the information to be provided when registering them;
(p) respecting the term of registration and discharge or cancellation of registration of any information or document maintained in the registry;
(q) respecting the method of identifying the land that is subject to a mineral claim, including the establishment of the New Brunswick Mineral and Petroleum Grid;
(r) prescribing the form and amount of a work commitment deposit, and exemptions to the requirement to provide a work commitment deposit for the purposes of section 36;
(s) governing the filing of any document or information in the registry, including the registration process;
(t) establishing the times and the manner in which an owner of the private land or a lessee of Crown Lands is notified for the purposes of section 39;
(u) respecting the registration of mineral claims in the registry, including the registration of a renewal, the grouping, the surrender or the transfer of mineral claims, and other documents related to them;
(v) prescribing changes to mineral claims for the purposes of paragraph 41(g);
(w) prescribing adjustments to mineral claim units for the purposes of paragraph 44(b);
(x) prescribing when a mineral claim expires for the purposes of section 47;
(y) respecting the grouping of two or more mineral claims into one group of contiguous mineral claims, including fees for renewal, kind and dollar value of work required to be performed and separation of a claim from the group;
(z) respecting the review of required work by the Recorder for the purposes of section 51, including establishing the standard progression sequence for the exploration or development of minerals;
(aa) respecting the reinstatement of a mineral claim under section 54 and its registration in the registry;
(bb) respecting the retention of drill core and cuttings at a core storage facility, and prescribing requirements for the purposes of subsection 57(2);
(cc) respecting the transfer or assignment of a mineral claim, including the execution or recording of any agreement or other instrument affecting the mineral claim;
(dd) respecting mining leases, the terms and conditions of mining leases and the rental rates and the returns, reports, plans, maps, security and statements to be submitted by an applicant for or holder of a mining lease;
(ee) respecting statements and returns to be submitted by the holder of a mining lease in relation to the costs of work done, operations, production and expenditures, including prescribing information or documents to be included in the statements;
(ff) respecting the performance of feasibility studies, including the persons required to conduct feasibility studies and the criteria to be considered in feasibility studies;
(gg) respecting the public notice to be given in relation to an application for a mining lease;
(hh) respecting the determination of and the kind and dollar value of work required in relation to mineral claims and mining leases and the manner and form in which evidence of work shall be submitted;
(ii) respecting security to be provided by holders of prospecting licences, mineral claims and mining leases under this Act, including the disposition of proceeds, the forms and amounts of security, procedures for the deposit, the substitution, the renewal and the forfeiture of the security and its return;
(jj) respecting the transfer or assignment of a mining lease or any interest in a mining lease for the purposes of section 65, including the registration of transfers, assignments or interests and circumstances in which a mining lease or interest may be transferred or assigned;
(kk) respecting programs for the reclamation and rehabilitation of the environment to be submitted under this Act, including the period of time to submit the program;
(ll) prescribing the percentage of planned capacity and the time for the purposes of subsection 70(1);
(mm) respecting procedures to be followed for the reconverting a mining lease back into a mineral claim;
(nn) respecting an investigation for the purposes of section 73;
(oo) for the purposes of subsection 78(2), prescribing the terms and conditions for a mineral claim that is reconverted;
(pp) respecting airborne surveys, including notices and reports to be submitted in respect of an airborne survey;
(rr) respecting the operation of any mine;
(ss) respecting the mining and reprocessing of mine tailings;
(tt) respecting tailings storage facilities on mining lease areas, including ancillary structures and works, including the application for and approval by the Minister of a tailings storage facility;
(uu) respecting conditions for the opening and closing of a mine for the purposes of production, including the reopening and abandoning of mines and for rendering a mine inaccessible;
(vv) respecting the notice and plans or other documents to be provided to the Minister for the purposes of the opening and closing of a mine;
(ww) respecting remedies available to the Minister to collect unpaid rents, royalties or other amounts owing under this Act and the regulations;
(xx) respecting exploration work permits, including the issuance, renewal or amendment of the permits, the terms and conditions of the issuance, renewal or amendment of the permits, the terms and conditions of the permits, the form of the application, the requirements for the permits and the circumstances in which the issuance of an exploration work permit may be refused;
(yy) respecting conditions to be satisfied before a holder of an exploration work permit causes actual damage to or interference with the use and enjoyment of the property and respecting agreements with the owner of the property with respect to the actual damage to or interference with the use and enjoyment of the property;
(zz) respecting requirements to be complied with for the purposes of subsection 89(2);
(aaa) prescribing the period for the purposes of subsection 91(3) that no planned work may be commenced;
(bbb) governing vesting orders under Part 15, including the matters and things necessary to satisfy the appeal authority that private land required by a holder of a mineral claim or a party to an agreement under subsection 6(3) should be vested in the holder or party, and including, but not limited to
(i) the criteria to demonstrate why a vesting order should be dismissed or granted,
(ii) the contents of the vesting order,
(iii) the factors to determine the compensation paid to the owner or tenant,
(iv) the registration of the vesting order, and
(v) any costs and expenses related to the hearing of the vesting order;
(ccc) respecting categories of mines and establishing different requirements, conditions and rental rates for each category;
(ddd) respecting the confidentiality of documents and other information filed or submitted under this Act and the regulations and the period during which the documents and information are to be confidential;
(eee) respecting lease area boundary surveys and surveying of the land covered by a mining lease, including the provision of public notice before undertaking the survey;
(fff) governing the inspection of a mine and mining operations, including measures to stop work due to unsafe conditions;
(ggg) prescribing the methods, guidelines and minimum standards to be used in respect of mines and mining operations;
(hhh) defining the kind and quantity of exploratory work and the manner and form in which the work is to be carried out;
(iii) respecting the books, records, accounts and other documents to be prepared and maintained by a holder of a mining lease and respecting the information, books, records, accounts and other documents to be forwarded by a holder of a mining lease to the Recorder, and the times at which and the forms in which they are to be forwarded;
(jjj) prescribing property for the purposes of section 92;
(lll) governing the establishment, composition and administration of an appeal authority, including, but not limited to,
(i) governing the appointment of an individual or the establishment of a body, and the appointment of members to that body, to conduct hearings,
(ii) governing the qualifications, selection and terms of office of the individual or persons appointed to the appeal authority,
(iii) fixing the remuneration, if any, to be paid to the individual or persons appointed to the appeal authority including the chair,
(iv) governing the training and qualifications of the individual or persons appointed to the appeal authority,
(v) prescribing the time within which the appeal authority shall make a written decision on hearing and determining a question, disagreement, matter or claim;
(vi) respecting the manner of giving notice of a decision on the completion of a hearing;
(vii) prescribing other person over which the appeal authority has jurisdiction for the purposes of paragraph 101(j);
(viii) prescribing other questions, disagreements, matters or claims for the purposes of subsection 102(1)(l);
(ix) prescribing the questions, disagreements, matters or claims that can be heard without conducting a hearing for the purposes of subsection 107(9);
(mmm) for the purposes of section 109, governing the imposition, payment and enforcement of administrative penalties, including, but not limited to,
(i) prescribing the amounts that may be imposed as administrative penalties, including minimum and maximum amounts,
(ii) prescribing provisions of this Act and the regulations for which a notice of administrative penalty may be issued,
(iii) prescribing the form of the notice of administrative penalty,
(iv) determining the amounts of administrative penalties, which may vary according to the nature or frequency of the violation or failure to comply, and whether the person in violation or in non-compliance is an individual or person other than an individual, and
(v) governing appeals, including the conducting of a review by the appeal authority in respect of an administrative penalty;
(nnn) respecting regional surveys, including notices and reports to be submitted in respect of regional surveys;
(ooo) respecting the data to be entered in the registry to effect, renew, discharge or otherwise amend a registration authorized by this Act and any other matters relating to registrations under this Act, including the transition from any prior registry system to the system established under this Act;
(ppp) respecting the time, place and all other matters relating to searches of the records of the registry, including the method of disclosure and the form of search results;
(qqq) respecting service or substituted service of documents, including address for service for mining leases, applications for mining leases, transfers or assignments of mining leases or any interests in mining leases;
(rrr) generally respecting forms to be used for the purposes of this Act and the regulations and prescribing those forms required to be prescribed;
(sss) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;
(ttt) respecting royalties, charges and rents payable under this Act and prescribing interest rates for the purposes of this Act;
(uuu) generally respecting fees and rents payable under this Act and the regulations and prescribing those fees and rents required to be prescribed;
(vvv) governing other transitional matters that may arise due to the enactment of this Act and the repeal of the previous Act;
(www) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(xxx) respecting any other matter that may be necessary for the proper administration of this Act.
Regulations may vary for or be made in respect of different persons, licences, matters, activities or things or different classes or categories of persons, licences, matters, activities or things.
A regulation authorized by this section may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.
The Lieutenant-Governor in Council may declare that a regulation made under subsection (1) is not applicable with respect to a specified mineral claim, mining lease or mine for any period.