BILL NO. 12
(as amended)
1st Session, 58th General Assembly
Nova Scotia
48 Elizabeth II, 1999
Mineral Resources Act
(amended)
CHAPTER 12 OF THE ACTS OF 1999(SECOND SESSION)
The Honourable Ernest L. Fage
Minister of Natural Resources
First Reading: October 29, 1999
Second Reading: November 5, 1999
Third Reading: November 16, 1999 (WITH COMMITTEE AMENDMENTS)
Royal Assent: November 23, 1999
An Act to Amend Chapter 18
of the Acts of 1990,
the Mineral Resources Act
Be it enacted by the Governor and Assembly as follows:
1 Chapter 18 of the Acts of 1990, the Mineral Resources Act, as amended by Chapter 37 of the Acts of 1992, Chapter 36 of the Acts of 1994 and Chapter 8 of the Acts of 1995-96, is further amended by adding immediately after Section 1 the following Section:
1A The purpose of this Act is to support and promote responsible mineral resource management consistent with sustainable development while recognizing the following goals:
(a) providing a framework for efficient and effective mineral rights administration;
(b) encouraging, promoting and facilitating mineral exploration, development and production;
(c) providing a fair royalty regime; and
(d) improving the knowledge of mineral resources in the Province.
2 Section 2 of Chapter 18, as amended by Chapter 37 of the Acts of 1992 and Chapter 36 of the Acts of 1994, is further amended by
(a) adding immediately after clause (a) the following clauses:
(aa) "assessment work report" means a report respecting assessment work or a prospector's statement;
(ab) "bulk sampling" means the obtaining of a sample of mineral-bearing material for the purpose of developing a suitable method of mining or treatment and includes grade and reserve estimation, metallurgical testing, product testing and market evaluation;
(b) striking out "mineral" in the first line of clause (b);
(c) striking out "and renewable annually" in the second and third lines of clause (b);
(d) striking out clause (g) and substituting the following clause:
(g) "excavation registration" means a registration submitted pursuant to Section 101;
(e) striking out "mining" in the first line of clause (j) and substituting "mineral";
(f) adding immediately after clause (l) the following clause:
(la) "letter of authorization" means an authorization granted pursuant to Section 102;
(g) striking out the comma in the second line of clause (n) and substituting "or";
(h) striking out "or a development licence" in the second line of clause (n);
(i) striking out clauses (o), (p) and (q);
(j) striking out "includes" in the first line of clause (r) and substituting "does not include bulk sampling but does include";
(k) adding immediately after clause (s) the following clause:
(sa) "mineral lease" means a mineral lease issued pursuant to Section 56;
(l) striking out "and includes a development licence" in the first and second lines of clause (t);
(m) striking out clauses (va), (w) and (x);
(n) adding immediately following clause (y) the following clause:
(ya) "non-mineral registration" means a registration pursuant to subsection (2) of Section 90;
(o) striking out "an inspector," in the first line of clause (z) and substituting "the Registrar, an";
(p) striking out clauses (ab) and (ac);
(q) adding "or a company" immediately after "partnership" in clause (ad);
(r) striking out clause (ag);
(s) adding immediately after clause (ai) the following clause:
(aia) "registrant" means the holder of a non-mineral registration;
and
(t) adding immediately after clause (aj) the following clause:
(aja) "safe" and "safety" means public safety but does not include occupational health and safety;
3 Section 17 of Chapter 18 is amended by
(a) adding "and their assistants" immediately after "Minister" in the first and second lines;
(b) adding "or geoscientific activities" immediately after "Act" in the second line; and
(c) striking out "with assistants" in the third line.
4 (1) Subsection 19(4) of Chapter 18 is amended by adding "and non-mineral registrations" immediately after "rights" in the second line.
(2) Subsection 19(5) of Chapter 18 is amended by adding "and non-mineral registrations" immediately after "rights" in the second line.
(3) Subsection 19(6) of Chapter 18 is amended by adding "and registrants" immediately after "holders" in the last line.
(4) Subsection 19(8) of Chapter 18 is amended by
(a) adding "and non-mineral registrations" immediately after "rights" in the third line;
(b) adding "and registrants" immediately after "holders" in the fourth line; and
(c) adding "and non-mineral registrations" immediately after "rights" in the last line.
(5) Subsection 19(9) of Chapter 18 is amended by striking out "Departmental" in the first line and substituting "Notwithstanding the Freedom of Information and Protection of Privacy Act, departmental".
5 (1) Subsection 21(2) of Chapter 18 is amended by striking out "licence" in the last line and substituting "mineral right".
(2) Subsection 21(4) of Chapter 18 is amended by
(a) striking out "perform any work" in the second and third lines and substituting "carry out any exploration, development or production of minerals"; and
(b) striking out "tract" in the third line and substituting "claims".
6 Subsection 22(7) of Chapter 18 is amended by
(a) striking out "permit" in the third line and substituting "a non-mineral registration";
(b) striking out "permit holder" in the first and second lines of clause (a) and substituting "registrant"; and
(c) striking out "permit" in the last line of clause (b) and substituting "non-mineral registration".
7 Section 23 of Chapter 18 is amended by striking out "mining permit" in the last line and substituting "registration".
8 (1) Subsection 24(2) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "claims or tracts" in the second and third lines and substituting "claim or claims".
(2) Subsection 24(3) of Chapter 18 is amended by striking out "inscribe an application" in the first line and substituting "cause an application to be inscribed".
9 (1) Clause 25(1)(c) of Chapter 18 is amended by
(a) striking out "memorandum, articles of association, letters, patent, by-laws and" in the first, second and third lines of subclause (v);
(b) adding "and" immediately after subclause (viii); and
(c) striking out subclause (ix) and "and" at the end of that subclause.
(2) Subsection 25(2) of Chapter 18 is amended by adding "of subsection (1)" immediately after "(c)" in the third line.
10 Section 30 of Chapter 18 is amended by
(a) adding ", non-mineral registration" immediately after "licence" in the third line;
(b) striking out ", mining permit" in the third line; and
(c) adding "or non-mineral registration" immediately after "right" in the last line.
11 Subsection 32(1) of Chapter 18 is amended by
(a) striking out "license a claim or tract" in the second line and substituting "issue a licence for a claim or claims"; and
(b) striking out "tract" in the third line and substituting "claims".
12 (1) Subsection 34(1) of Chapter 18 is amended by striking out "area" in the second line and substituting "claim or claims".
(2) Subsection 34(2) of Chapter 18 is amended by
(a) striking out "Where" in the first line and substituting "Subject to subsection (3) of Section 32, where"; and
(b) striking out "tract" in the second line of clause (a) and substituting "claims".
(3) Subsection 34(3) of Chapter 18 is amended by striking out "tract" in the third line and substituting "claims".
13 Section 38 of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by
(a) striking out "101" in the first line and substituting "100"; and
(b) striking out "mining" in the fourth line and substituting "mineral".
14 Section 39 of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by
(a) striking out "licensee" wherever it appears in that Section and substituting in each case "mineral right holder"; and
(b) striking out "licence" in the fourth line and substituting "mineral right".
15 Section 40 of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "licensee" wherever it appears in that Section and substituting in each case "mineral right holder".
16 Section 42 of Chapter 18 is amended by adding "or any replacement of that Act or amendment thereto" immediately after "Act" in the third line.
17 Subsection 43(1) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "statement of expenditure in the prescribed form as to the assessment work done or caused to be done" in the first, second and third lines and substituting "report detailing all the work done or caused to be done during the year of the licence, including assessment work and other related work and a statement of expenditure in the prescribed form".
18 Subsection 46(1) of Chapter 18 is amended by
(a) adding "a claim or claims that were contained in" immediately after "for" in the first line; and
(b) striking out "preceeding" in the seventh line and substituting "preceding".
19 Clause 47(1)(b) of Chapter 18 is amended by striking out "tract or claim" in the first line and substituting "claim or claims".
20 Chapter 18 is further amended by adding immediately after Section 55 the following Section:
55A (1) No person shall carry out production of a mineral except in accordance with a mineral lease.
(2) For greater certainty, subsection (1) does not apply to the production of gypsum or limestone that has not been declared a mineral pursuant to Section 5.
21 Subsection 56(1) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by
(a) striking out "an economic" in the second line of clause (c) and substituting "a";
(b) adding "within two years of obtaining the lease" immediately after "production" in the last line of clause (d); and
(c) striking out clause (e).
22 Subsection 58(1) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "mining" in the first line and substituting "mineral".
23 Section 59 of Chapter 18 is amended by striking out "lessee or permit holder" wherever that phrase appears in that Section and substituting in each case "mineral right holder or registrant".
24 (1) Subsection 60(2) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "mining" wherever it appears in that subsection and substituting in each case "mineral".
(2) Subsection 60(4) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "mining" in the third line and substituting "mineral".
(3) Subsection 60(5) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "mining" in the last line and substituting "mineral".
25 Chapter 18 is further amended by adding immediately after Section 60 the following Section:
60A Every lessee shall keep on the premises named in the lease, records, accounts, correspondence and documents that shall at all reasonable times be open to inspection and examination and be produced upon request of any person authorized by the Minister, in which records shall be entered a clear and distinct statement of
(a) all mineral-bearing substances processed at the premises;
(b) the sources of the minerals or mineral-bearing substances processed;
(c) the quantity and analysis of the minerals or mineral-bearing substances processed;
(d) the quantity and analysis of the concentrate recovered;
(e) the quantity and analysis of tailings and waste discharges;
(f) the quantity and analysis of all products sold and the name and address of the buyer; and
(g) any other information as prescribed or required by the Minister.
26 Section 61 of Chapter 18, as enacted by Chapter 36 of the Acts of 1994, is amended by striking out "permit holder" in the first line and substituting "registrant".
27 Subsection 62(2) of Chapter 18 is amended by striking out everything after "(1)" in the second line to the end of the subsection and substituting "they retain their value until the termination of the lease or any replacement thereof and may be applied to a licence acquired pursuant to subsection (5) of Section 65."
28 Subsection 64(1) of Chapter 18 is amended by striking out "and tracts" in the fourth and fifth lines.
29 (1) Clauses 65(1)(a) and (b) of Chapter 18 are repealed and the following clauses substituted:
(a) the lessee fails to commence production or significant development work leading to production within two years of obtaining the lease;
(b) the lessee fails to submit the prescribed annual reports;
(2) Subsection 65(7) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by adding "or the Minister, as the case may be" immediately after "Council" in the last line.
30 Clause 68(a) of Chapter 18 is repealed.
31 Subsection 70(2) of Chapter 18 is amended by adding "where the Minister requires the deposit" immediately after "owner" in the last line.
32 Section 77 of Chapter 18 is amended by
(a) striking out "(1)" immediately following the Section number;
(b) adding "subject to Section 120, acquire all or any property for the Province;" immediately after the second comma in the first line of clause (b);
(c) striking out subclauses (b)(i) and (ii);
(d) striking out "subclause (ii) of" in the first and second lines of subclause (c)(i); and
(e) striking out subclause (c)(ii) and substituting the following subclause:
(ii) shall not be payable when the Minister has acquired property pursuant to clause (b).
33 Section 80 of Chapter 18 is amended by striking out "site" in the third line.
34 Section 82 of Chapter 18 is amended by
(a) adding "the mineral rights contained in" immediately after "of" in the third line; and
(b) striking out "tract" in the last line and substituting "claims".
35 (1) Subsection 83(1) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by
(a) striking out "permit holder" in the first line and substituting "registrant";
(b) striking out "permit" in the third line and substituting "non-mineral registration"; and
(c) striking out "permit" in the last line and substituting "non-mineral registration".
(2) Subsection 83(2) of Chapter 18 is amended by striking out "permit" in the first line and substituting "non-mineral registration".
(3) Subsection 83(3) of Chapter 18 is amended by
(a) striking out "permit" in the third line and substituting "non-mineral registration"; and
(b) striking out "permit holder" in the fourth line and substituting "registrant".
(4) Subsection 83(4) of Chapter 18 is amended by
(a) striking out "permit" in the second line and substituting "non-mineral registration"; and
(b) striking out "permit holder" in the last line and substituting "registrant".
36 Section 84 of Chapter 18 is amended by
(a) striking out "permit" in the first line and substituting "non-mineral registration";
(b) striking out "permit holder" in the second line and substituting "registrant"; and
(c) striking out "permit" in the fourth line and substituting "non-mineral registration".
37 Subsection 85(3) of Chapter 18 is amended by adding "or non-mineral registration," immediately before "shall" in the second line.
38 Section 86 of Chapter 18 is amended by adding "or non-mineral registration" immediately after "right" in the first line.
39 (1) Section 87 of Chapter 18 is amended by adding immediately after subsection (1) the following subsection:
(1A) A registrant shall file with the Registrar a summary, in the prescribed form and containing such information as is prescribed, of an agreement that results or may result in a transfer or assignment of a non-mineral registration, part of a non-mineral registration or any interest in a non-mineral registration.
(2) Subsection 87(2) of Chapter 18 is repealed and the following subsection substituted:
(2) Notwithstanding the Freedom of Information and Protection of Privacy Act, a document filed pursuant to subsection (1) or (1A) that has been marked "confidential" shall be held in confidence by the Registrar.
(3) Subsection 87(3) of Chapter 18 is amended by adding "or non-mineral registration" immediately after "right" in the second, in the third and in the sixth lines.
40 (1) Subsection 88(1) of Chapter 18 is amended by
(a) striking out "licence, for a lease or for a permit" in the first and second lines and substituting "mineral right or for a non-mineral registration"; and
(b) adding "or non-mineral registration" immediately after "right" in the second line.
(2) Section 88 of Chapter 18 is further amended by adding immediately after subsection (2) the following subsection:
(2A) A registrant holds a non-mineral registration in trust for each person who owns the right, including the registrant.
(3) Subsection 88(3) of Chapter 18 is amended by
(a) striking out "licence, for a lease or for a permit" in the second line and substituting " mineral right or non-mineral registration"; and
(b) adding "or non-mineral registration" immediately after "right" in the third and in the fourth lines.
(4) Subsection 88(4) of Chapter 18 is amended by adding "or non-mineral registration" immediately after "right" in the third line.
41 Section 89 of Chapter 18 is repealed and the following Section substituted:
89 No person shall, except in accordance with a non-mineral registration, carry out production of gypsum or limestone that has not been declared to be a mineral pursuant to Section 5.
42 (1) Subsection 90(1) of Chapter 18 is repealed.
(2) Subsection 90(2) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by
(a) striking out "mining permit required by clause (b) of" in the first and second lines and substituting "non-mineral registration required by";
(b) adding "for a non-mineral registration" immediately after "application" in clause (a);
(c) striking out clause (c) and substituting the following clauses:
(c) a written undertaking to commence production;
(ca) evidence that satisfies the Minister that the applicant has delineated a deposit of gypsum or limestone that has not been declared a mineral pursuant to Section 5 within the proposed non-mineral registration area; and
(d) striking out "mining permit" in the second last and last lines and substituting "non-mineral registration".
(3) Subsection 90(3) of Chapter 18 is amended by
(a) striking out "permit" in the first line and substituting "non-mineral registration"; and
(b) striking out "clause (b) of" in the first and second lines.
43 Section 91 of Chapter 18 is amended by striking out "mining permit" in the first line and substituting "lease or non-mineral registration".
44 (1) Subsection 92(1) of Chapter 18 is amended by
(a) striking out "mining permit" in the first line and substituting "non-mineral registration";
(b) striking out "permit holder" in the second line and substituting "registrant";
(c) striking out "mine" in the second line and substituting "carry on the production of gypsum or limestone that has not been declared a mineral pursuant to Section 5";
(d) striking out "mining permit" in the third line and substituting "non-mineral registration"; and
(e) striking out "and as approved by the Minister" in the fourth and fifth lines.
(2) Subsection 92(2) of Chapter 18 is repealed.
(3) Subsection 92(3) of Chapter 18 is amended by striking out "mining permit" in the first line and substituting "non-mineral registration".
(4) Subsection 92(4) of Chapter 18 is repealed.
45 Section 93 of Chapter 18 is repealed.
46 (1) Clauses 94(1)(a), (b), (c) and (d) of Chapter 18 are repealed and the following clauses substituted:
(a) fails to commence production or significant development work leading to production within two years of obtaining the non-mineral registration;
(b) fails to submit the prescribed annual information reports;
(c) wishes to surrender the non-mineral registration; or
(d) commences production in accordance with this Act and the annual report required pursuant to this Act indicates that no production has occurred within the previous twelve months.
(2) Subsection 94(2) of Chapter 18 is amended by
(a) adding "or" at the end of clause (a);
(b) striking out "forfeit" in clause (b) and substituting "cancel";
(c) striking out "; or" at the end of clause (b) and substituting a period; and
(d) striking out clause (c).
(3) Subsection 94(4) of Chapter 18 is amended by
(a) striking out "forfeited" in the fourth line and substituting "cancelled";
(b) striking out "permit "Forfeited"" in the fifth line and substituting "non-mineral registration "Cancelled""; and
(c) striking out "forfeiture" in the last line and substituting "cancellation".
(4) Section 94 of Chapter 18 is further amended by
(a) striking out "mining permit" wherever that phrase appears in the Section and substituting in each case "non-mineral registration"; and
(b) striking out "permit holder" wherever that phrase appears in the Section and substituting in each case "registrant".
47 Section 95 of Chapter 18 is repealed and the following Section substituted:
95 The Minister may declare a non-mineral registration cancelled not less than thirty days after giving the registrant written notice of a failure to submit the prescribed annual information reports unless the registrant remedies the deficiency before the non-mineral registration is cancelled.
48 (1) Subsection 96(1) of Chapter 18 is amended by
(a) striking out "operating or working of a mine" in the second line and substituting "extraction or recovery of a mineral or minerals";
(b) striking out clauses (a) and (b);
(c) striking out "reduces the life of the operation" in the first and second lines of clause (c) and substituting "affects the ability of the mineral deposit to be mined"; and
(d) striking out "valuable" in the second line of clause (d).
(2) Subsection 96(2) of Chapter 18 is amended by striking out "Director of Mines" wherever that phrase appears in the subsection and substituting in each case "Minister".
(3) Subsection 96(3) of Chapter 18 is repealed and the following subsection substituted:
(3) Following the investigation, the Minister may order such modifications or alternatives as the Minister deems necessary to correct the situation.
(4) Subsection 96(4) is amended by striking out "permit holder or operator" in the first and second lines and substituting "lessee".
(5) Subsection 96(5) of Chapter 18 is amended by striking out "permit holder or operator" in the second line and substituting "lessee".
(6) Subsection 96(6) of Chapter 18 is amended by
(a) striking out "permit holder or operator" in the first line and substituting "lessee"; and
(b) striking out "mining permit" in the last line and substituting "lease".
49 Subsection 97(1) of Chapter 18, as enacted by Chapter 36 of the Acts of 1994, is amended by
(a) striking out "mining permit or an excavation permit" in the first and second lines and substituting "lease, non-mineral registration, an excavation registration or letter of authorization";
(b) striking out "mining permit" in the third line of clause (a) and substituting "lease, non-mineral registration or letter of authorization";
(c) striking out "permit" in the third and fourth lines of clause (b) and substituting "registration"; and
(d) striking out "permit holder or an agent or assignee of the permit holder" in the second last and last lines and substituting "lessee, registrant or holder of an excavation registration or letter of authorization or an agent or assignee of the lessee, registrant or holder of an excavation registration or letter of authorization".
50 Section 98 of Chapter 18 is repealed.
51 (1) Subsection 99(1) of Chapter 18 is amended by
(a) striking out "mining permit holder" in the first line and substituting "lessee"; and
(b) striking out "permit holder's" in the second and third lines and substituting "lessee's".
(2) Subsection 99(3) of Chapter 18 is repealed and the following subsection substituted:
(3) Where the lessee is required through no fault of the lessee to suddenly and permanently terminate mining operations, the lessee, the legal representative of the lessee or any creditor of the lessee shall forthwith notify the Minister.
(3) Subsection 99(4) of Chapter 18 is amended by striking out "permit holder" in the second line and substituting "lessee".
(4) Clauses 99(5)(a) and (b) of Chapter 18 are repealed and the following clauses substituted:
(a) shall be borne by the lessee or the legal representative of the lessee; or
(b) may be paid by the Minister and thereafter shall be recovered from the lessee or the legal representative of the lessee or any of them and form a charge upon the property.
(5) Subsection 99(6) of Chapter 18 is amended by
(a) striking out "permit holder, lessee" in the third line and substituting "lessee or registrant"; and
(b) striking out "permit holder" in the fourth line and substituting "lessee or registrant".
52 (1) Subsection 101(1) of Chapter 18 is amended by
(a) striking out "mineral right holder" in the first line and substituting "licensee";
(b) striking out "obtain" in the first line and substituting "submit and have recorded";
(c) striking out "permit" in the second line and substituting "registration"; and
(d) adding "for the removal of less than one hundred tonnes of mineral-bearing material" immediately after "sampling" in clause (d).
(2) Subsection 101(2) of Chapter 18 is amended by striking out "excavation permit holder" in the second line and substituting "licensee".
53 Sections 102 to 106 of Chapter 18 are repealed and the following Section substituted:
102 (1) A licensee shall obtain a letter of authorization in the manner and form prescribed before commencing bulk sampling for the purpose of extracting one hundred tonnes or more of mineral-bearing material.
(2) The letter of authorization shall be for such term as the Minister determines but shall not exceed the term of the licence or any renewals of the licence.
(3) No work shall be commenced pursuant to subsection (1) until the licensee deposits with the Minister cash or a bond in the amount and in the form acceptable to the Minister.
54 Section 115 of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by
(a) striking out "mining lease, mining permit or excavation permit" in the fourth and fifth lines and substituting "mineral lease, excavation registration or letter of authorization"; and
(b) striking out "one" in the ninth line and substituting "mine".
55 Section 124 of Chapter 18 is amended by
(a) striking out "safety," in the second line of clause (j); and
(b) striking out "site" wherever it appears in the Section.
56 Section 126 of Chapter 18 is amended by
(a) striking out "operator of a mine" in the first line and substituting "lessee"; and
(b) striking out "a detailed statement of royalty liability, financial statements of the mining operation and any other" in the fourth and fifth lines.
57 Subsection 143(2) of Chapter 18 is amended by striking out "site" in the last line.
58 Section 146 of Chapter 18 is amended by striking out "comtemplated" in the first line and substituting "contemplated".
59 Subsection 150(1) of Chapter 18 is amended by
(a) striking out "Subject" in the first line and substituting "Notwithstanding the Freedom of Information and Protection of Privacy Act but subject"; and
(b) adding "or as otherwise provided in this Act" immediately after "it" in the seventh line.
60 Section 155 is amended by striking out "inspection" in the third line and substituting "investigation".
61 (1) Subsection 156(2) of Chapter 18 is amended by striking out all that portion of the subsection immediately following "convicted" in the sixth line to the end of the subsection and substituting a period.
(2) Subsection 156(3) of Chapter 18 is repealed.
62 Section 157 of Chapter 18 is repealed and the following Section substituted:
63 (1) Subsection 158(1) of Chapter 18 is amended by striking out "permit" in the second last line and substituting "non-mineral registration".
(2) Subsection 158(5) of Chapter 18 is repealed and the following subsection substituted:
(5) Where it is found that mining has been carried on and the person who has carried on the mining fails to show, upon demand, the appropriate lease or non-mineral registration, an officer may order that person to cease mining and
(a) order that person to reclaim any works, pits, shafts or slopes in or from which mining has been carried out; or
(b) direct the reclamation of such works, pits, shafts or slopes and charge the cost of doing so to that person.
64 Subsection 159(1) of Chapter 18 is amended by striking out "permit" in the third line and substituting "non-mineral registration".
65 Section 160 of Chapter 18 is repealed.
66 Section 161 of Chapter 18 is amended by striking out "mining permit" in the second line and substituting "lease or non-mineral registration".
67 Sections 162 and 163 of Chapter 18 are repealed.
68 Section 166 of Chapter 18 is repealed.
69 (1) Subsection 167(1) of Chapter 18 is repealed and the following subsection substituted:
(1) Where the Registrar has reason to believe that this Act or a term or condition of a mineral right or non-mineral registration has not been complied with, the Registrar shall
(a) investigate the matter and shall, where necessary, with or without notice, make an investigation of the premises;
(b) notify the mineral right holder or registrant of the non-compliance; and
(c) provide the mineral right holder or registrant with an opportunity, exercisable within such reasonable period of time as may be determined by the Registrar, to make representations to the Registrar.
(2) Subsection 167(2) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by
(a) striking out "the" the second time it appears in the first line and substituting "this";
(b) striking out "licence" in the second line and substituting "mineral right";
(c) striking out "excavation permit" in the second line and substituting "non-mineral registration";
(d) striking out "licensee" in the third line and substituting "mineral right holder"; and
(e) striking out "excavation permit holder" in the third line and substituting "registrant".
(3) Subsection 167(3) of Chapter 18 is amended by
(a) striking out "licensee or permit holder" in the second line and substituting "mineral right holder or registrant"; and
(b) striking out "licensee or permit holder" in the first line of clause (b) and substituting "mineral right holder or registrant".
(4) Subsection 167(4), (5), (6) and (7) of Chapter 18 are repealed and the following subsections substituted:
(4) Failure on the part of a mineral right holder or registrant to comply with this Section may result in forfeiture of the mineral right or non-mineral registration.
(5) The Registrar, at the direction of the Minister, shall mark the mineral right or lease "Forfeited" or non-mineral registration "Cancelled", amend the record accordingly and forthwith send notification to the mineral right holder or registrant of the forfeiture or cancellation and the reasons therefor that are deemed to have been received five days after being so sent.
(6) A mineral right holder or registrant whose mineral right or non-mineral registration has been forfeited or cancelled pursuant to subsection (3) may, within twenty days of receiving notice of the forfeiture or cancellation, appeal the forfeiture or cancellation to the Minister in the manner provided by Section 169.
(7) Upon the forfeiture of a mineral right or cancellation of a non-mineral registration pursuant to subsection (4), the Registrar shall forthwith post in the office a notice of the forfeiture or cancellation and land or claims comprised in such mineral right or non-mineral registration shall thereupon, unless withdrawn from application, be again open to application at a time set by the Registrar, but such application shall be subject to the result of an appeal by a mineral right holder whose claim has been forfeited or registrant whose non-mineral registration has been cancelled.
70 Section 168 of Chapter 18 is amended by
(a) striking out "permit holder" in the first line and substituting "registrant"; and
(b) striking out "permit" in the last line and substituting "non-mineral registration".
71 Subsection 174(1) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by
(a) striking out clause (a);
(b) striking out "a mine or mining lands" in the last line of clause (b) and substituting "lands affected by exploration or mining activities";
(c) striking out clauses (c) and (d) and substituting the following clauses:
(c) governing the mining and recovery of any minerals, mineral-bearing substance, gypsum or limestone;
(d) respecting the use of mineral resources;
(d) striking out "or permit holder or the operator of a mine" in the third and fourth lines of clause (e) and substituting ", registrant or prospector";
(e) adding immediately after clause (g) the following clause:
(ga) respecting safety and unsightliness of property to which Section 76 applies;
(f) striking out clause (i) and substituting the following clause:
(i) respecting requirements relating to reclamation and rehabilitation of mines;
(g) striking out "Section 61" in the second line of clause (ma) and substituting "this Act";
(h) striking out "and permits" in the last line of clause (r) and substituting "licences, notices, non-mineral registrations, letters of authorization and leases";
(i) adding "administration," immediately after "the" in the first line of clause (t);
(j) striking out clause (u);
(k) striking out clause (y) and substituting the following clause:
(y) prescribing that certain words and phrases shall be deemed to be contained in licences, leases, excavation registrations, non-mineral registrations and letters of authorization and that certain words therein have an extended meaning;
(l) striking out "but" in the second line of clause (ab) and substituting "in this Act and the regulations and"; and
(m) adding immediately after clause (aa) the following clauses:
(aaa) respecting the assignment of work and responsibilities, rights and duties under this Act to officers and employees of the Department;
(aab) respecting the submission of excess assessment work as credit for a later application to renew a licence and the allowable time period for such submissions;
(aac) respecting the method of submission and recording, content, form, terms and conditions of excavation registrations as well as the circumstances under which an excavation registration may be refused;
(aad) respecting the circumstances under which a letter of authorization may be refused and the prohibiting of certain activities without a lease or letter of authorization;
(aae) respecting exploration drilling;
(aaf) respecting access to municipal water supply watershed lands;
(aag) respecting uranium encounters.
72 (1) Subsection 175(1) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by
(a) striking out "Except" in the first line and substituting "Notwithstanding the Freedom of Information and Protection of Privacy Act and except"; and
(b) striking out "shall remain confidential for the life of the relevant mining lease or permit, as the case may be" in the fourth, fifth and sixth lines and substituting "and information submitted pursuant to Section 61 shall remain confidential for the life of the relevant mineral lease or non-mineral registration".
(2) Subsection 175(2) of Chapter 18, as enacted by Chapter 36 of the Acts of 1994, is amended by striking out "permit holder" in the second last line and substituting "registrant".
(3) Subsection 175(3) of Chapter 18 is repealed and the following subsection substituted:
(3) Notwithstanding Section 47, the assessment work report is confidential for two years from the date of submission but if the licence expires before the two-year period expires, the report submitted and held in confidence shall be released.
(4) Subsection 175(4) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by
(a) striking out "lessee or mining permit holder or the former holder of a mining permit" in the first and second lines of clause (a) and substituting "mineral right holder or registrant";
(b) striking out "former holder of a mining permit" in the second and third lines of subclause (b)(i) and substituting "registrant";
(c) striking out "data" in the fourth line of clause (b)(i) and substituting "information"; and
(d) striking out subclause (b)(ii) and substituting the following subclause:
73 Sections 181 and 182 of Chapter 18 are repealed.
74 Chapter 18 is further amended by adding immediately after Section 183 the following Section:
183A The Minister shall appoint an advisory committee to initiate a comprehensive review of this Act and the regulations within five years of the coming into force of this Section and the committee shall submit to the Minister, within six months of initiating the review, a report that includes amendments, if any, recommended by the committee.
75 (1) In this Section,
(a) "excavation permit", "milling permit", "mining lease", "mining permit" and "special lease" have the same meaning as in Chapter 18;
(b) "letter of authority" means a letter of authority issued pursuant to clause 56(b) of the regulations;
(c) "regulations" means regulations made pursuant to Chapter 18.
(2) Each excavation permit that was in effect immediately before the coming into force of this Section continues in effect on and after the coming into force of this Section until it terminates by reason of the lapse of time or is lawfully terminated.
(3) Each letter of authority that was in effect immediately before the coming into force of this Section continues in effect on and after the coming into force of this Section until it terminates by lapse of time or is lawfully terminated.
(4) Each milling permit that was in effect immediately before the coming into force of this Section is no longer in effect on and after the coming into force of this Section.
(5) Each mining permit that was in effect immediately before the coming into force of this Section is no longer in effect on and after the coming into force of this Section, but each person who was, immediately before the coming into force of this Section, the holder of a mining permit to mine limestone not owned by Her Majesty or gypsum, or both, is, on and after the coming into force of this Section, deemed to have been granted, on the coming into force of this Section, a non-mineral registration in Form 18 of the regulations granting the right to carry out production of the gypsum or limestone, or both, as the case may be.
(6) Each mining lease that was in effect immediately before the coming into force of this Section is no longer in effect on and after the coming into force of this Section, but each person who was, immediately before the coming into force of this Section, the holder of the lease is, on and after the coming into force of this Section, deemed to have been granted, on the coming into force of this Section, a mineral lease in Form 14 of the regulations with respect to the same area and minerals that were subject to the mining lease at a yearly rental as prescribed by or under Chapter 18 or at such other rates as shall from time to time be determined by order of the Governor in Council, such rental to be payable yearly in advance, the first payment to be made on the date on which this Section comes into force and thereafter on each anniversary of that date.
(7) Each special lease that was issued prior to March 6, 1991, and that was in effect immediately before the coming into force of this Section continues in effect on and after the coming into force of this Section until it terminates by reason of lapse of time or is lawfully terminated.
(8) Each special lease that was issued on or after March 6, 1991, and that was in effect immediately prior to the coming into force of this Section continues in effect on and after the coming into force of this Section until it terminates by reason of lapse of time or is lawfully terminated except that on and after the coming into force of this Section, it shall be read as if it were amended on the coming into force of this Section by striking out clause 4 of the special lease.
(9) Each mining plan that was, before the coming into force of this Section, approved pursuant to Section 93 of Chapter 18, is, with respect to any subsequent transaction, matter or thing, deemed not to have been so approved.
(10) For greater certainty, nothing in this Section prevents the amendment of any document after the coming into force of this Section by all the parties to the document.
76 (1) Section 53 of Chapter 1 of the Acts of 1994-95, the Environment Act, is amended by adding immediately after subsection (4) the following subsection:
(5) The Minister shall require, as part of an application for an approval respecting an underground mine, that an applicant obtain written confirmation from the Executive Director of the Occupational Health and Safety Division of the Department of Labour that
(a) the applicant has provided the Executive Director with sufficient information to comply with the filing requirements of the Underground Mining Regulations in respect of the proposed underground mine; and
(b) that a review of the information provided pursuant to the Underground Mining Regulations has not revealed any apparent violation of the Occupational Health and Safety Act or regulations made pursuant to that Act.
(2) Section 54 of Chapter 1 is amended by adding immediately after subsection (1) the following subsection:
(3) Section 56 of Chapter 1 is amended by adding immediately after subsection (1) the following subsection:
77 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1999 Crown in right of Nova Scotia. Created November 25, 1999. Send comments to legc.office@gov.ns.ca.
