Acts and Regulations

86-98 - Mining Act

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NEW BRUNSWICK
REGULATION 86-98
under the
Mining Act
(O.C. 86-515)
Filed June 27, 1986
Under section 115 of the Mining Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Mining Act.
I
INTERPRETATION
2In this Regulation
“Act” means the Mining Act;
“disturb” means to cause actual damage to or interference with the use and enjoyment of property.
II
FEES, CHARGES, RENTS, ROYALTIES AND INTEREST
3(1)The fees under the Act are as follows:
(a)for application for an extension of time under section 8 of the Act..............
$  10.00;
 
(b)for a certified copy of a report of inspection under subsection 13(5) or 15(3) of the Act, per page..............
$    1.00;
 
(c)for a copy of a claim map under subsection 14(4) of the Act, per sheet..............
$    2.00;
 
(d)for a copy of a book or document under subsection 14(4) of the Act, per page..............
$    0.20;
 
(e)for  a  certified  copy  of  a  book  or document under subsection 14(4) of the Act, per page..............
$    1.00;
 
(f)for compilation of data under subsection 14(4) of the Act, including abstracts of mineral claims and letters of confirmation of status of mineral claims, mining leases or rights granted under subsection 25(2) of the Act, per request..............
$  20.00;
 
(f.1)for a transfer or assignment of a mortgage, charge or other security interest on a mining lease or on an agreement referred to in section 25 of the Act...............
$  10.00;
 
(g)for a prospecting licence under section 29 of the Act
 
(i)for a natural person...............
$  25.00,
 
(ii)for a partnership...............
$  50.00,
 
(iii)for a corporation
 
(A)with authorized capital of $100,000.00 or less..............
$  75.00,
 
(B)with authorized capital of more than $l00,000.00..............
$300.00;
 
(h)for a set of metal tags obtained under subsection 31(1) of the Act..............
$    2.00;
 
(i)for a substituted prospecting licence under section 33 of the Act...............
$    2.00;
 
(j)or recording each mineral claim...............
$    5.00;
 
(k)for renewing each mineral claim under subsection 56(1) of the Act
 
(i)first to fifth renewals, per year...............
$    4.00,
 
(ii)sixth to tenth renewals, per year...............
$  20.00,
 
(iii)eleventh to fifteenth renewals, per year...............
$  25.00,
 
(iv)sixteenth and successive renewals, per year...............
$  30.00;
 
(l)for payment in lieu of required work in the first year of a mineral claim under subsection 56(10) of the Act, per claim...............
$  20.00;
 
(l.1)for grouping two or more contiguous mineral claims or contiguous groups of contiguous mineral claims into one group under subsection 58.1(1) of the Act, per resulting group..............
$  20.00;
 
(m)for filing a notice of dispute under subsection 61(2) of the Act, per claim...............
$  20.00;
 
(n) for application for a mining lease under subsection 68(1) of the Act..............
$  50.00;
 
(o)for application for reduction, subdivision, amalgamation or enlargement of land covered by a mining lease under section 89 of the Act..............
$  50.00;
 
(p)for transfer of all or part of a mineral claim under section 101 of the Act..............
$    4.00;
 
(q)for transfer of all or part of a mining lease under section 101 of the Act...............
$  10.00.
3(2)The rate for rent for a mining lease under subparagraph 68(1)(c)(viii) or subsection 70(1) of the Act is $6.00 per hectare of land covered by the mining lease per year.
3(3)Royalties on minerals on land withdrawn from prospecting and staking under section 25 of the Act shall be as specified in an agreement referred to in subsection 25(2) of the Act.
3(4)The royalty on coal under subsection 98(1) of the Act is $0.16 per tonne.
3(5)The interest rate on overdue charges, rents and royalties is the rate prescribed in subsection 9(1) of New Brunswick Regulation 84-247 under the Revenue Administration Act.
87-35; 89-175; 91-44; 93-174
III
STAKING AND RECORDING MINERAL CLAIMS
4(1)A staker may be assisted by another person in staking a mineral claim.
4(2)Notwithstanding subsection (1), the staker shall fulfill all the requirements and shall be responsible for all the liabilities created by the Act and the regulations with respect to the staking of a mineral claim.
5No person other than the staker shall impress the required markings on the metal tags.
6(1)A mineral claim shall be staked with boundaries running north, south, east and west magnetically.
6(2)A claim area shall be in the form of a square and each side shall be four hundred metres in length.
7(1)As nearly as circumstances reasonably permit, a mineral claim shall be staked in the following manner and order:
(a) by establishing a post, No. 1 post, at the northeast corner of the mineral claim, securely attaching to the post the metal tag on which is impressed the mineral claim number and “Post 1” and impressing on the tag the following information:
(i) the name of the staker;
(ii) the number of the staker’s prospecting licence;
(iii) the date of staking;
(iv) the exact time of commencement of staking; and
(v) when applicable, the name of another prospector in whose name the mineral claim is being staked and the number of his prospecting licence;
(b) by proceeding four hundred metres south magnetically, marking the boundary of the mineral claim in the manner prescribed in subsection (2);
(c) by establishing a post, No. 2 post, at the southeast corner of the mineral claim, securely attaching to the post the metal tag on which is impressed the mineral claim number and “Post 2” and impressing on the tag the following information:
(i) the number of the staker’s prospecting licence;
(ii) the date of staking; and
(iii) when applicable, the number of the prospecting licence of another prospector in whose name the mineral claim is being staked;
(d) by proceeding four hundred metres west magnetically, marking the boundary of the mineral claim in the manner prescribed in subsection (2);
(e) by establishing a post, No. 3 post, at the southwest corner of the mineral claim, securely attaching to the post the metal tag on which is impressed the mineral claim number and “Post 3” and impressing on the tag the information required in subparagraphs (c)(i), (ii) and (iii);
(f) by proceeding four hundred metres north magnetically, marking the boundary of the mineral claim in the manner prescribed in subsection (2);
(g) by establishing a post, No. 4 post, at the northwest corner of the mineral claim, securely attaching to the post the metal tag on which is impressed the mineral claim number and “Post 4” and impressing on the tag the information required in subparagraphs (c)(i), (ii) and (iii);
(h) by proceeding four hundred metres east magnetically, marking the boundary of the mineral claim in the manner prescribed in subsection (2); and
(i) by impressing on the metal tag for No. 1 post the exact time of completion of staking.
7(2)The boundaries of a mineral claim shall be clearly marked using one or more of the following methods:
(a) by affixing flagging tape of a colour other than red, as provided or approved by the Minister, if the tape is clearly inaccessible to domestic grazing animals,
(b) by cutting the undergrowth, if essential to maintain the required visibility,
(c) by establishing durable pickets, which may be made of commercial material, or
(d) by establishing monuments of earth or rocks,
so that from each mark on the boundary, the next mark on the foresight and the last mark on the backsight are clearly visible.
7(3)Blazing may be used in addition to the methods provided for in subsection (2) if
(a) the boundary lines of a mineral claim or group of contiguous mineral claims are being restored as referred to in subsection 56(9) of the Act, and
(b) the owner’s consent has been obtained where the mineral claim or group of contiguous claims are on private land.
7(4)Where, at the corner of a mineral claim,
(a) the terrain or the presence of water or other obstacle renders the establishment of a post impractical, or
(b) the establishment of a post would cause damage to cultivated land or interfere with the use and enjoyment of private land,
the true corner may be indicated by firmly establishing a witness post on a boundary as near as practicable to the true corner.
7(5)The metal tag or tags on each witness post shall bear the same information as that prescribed under paragraph (1)(a) or (c), as the case may be, for the true corner post, along with the letters “W.P.” and an indication of the direction and distance to the true corner post.
7(6)Where a group of contiguous mineral claims is staked by the same staker, a single post may be used as a common post for adjoining mineral claims if the metal tags with the information prescribed under paragraph (1)(a) or (c), as the case may be, are placed on the sides of the common post facing the respective claims.
7(7)Where common posts are witnessed, one witness post shall be established for each common post that is witnessed and the metal tags with the information prescribed under paragraph (1)(a) or (c), as the case may be, shall be placed on the appropriate sides of the witness post.
7(8)Metal tags shall be attached to a post at a height of not less than one hundred and ten centimetres and not more than one hundred and twenty centimetres above the ground.
7(9)A post shall
(a) stand at least one hundred and twenty centimetres above the ground,
(b) be squared or faced on four sides at the height where a metal tag is attached, and
(c) have a minimum perimeter of twenty-five centimetres at the height at which a metal tag is attached.
7(10)A post may be constructed from commercial lumber, a standing stump or a live tree.
7(11)A live tree used as a post shall be squared or faced only as is essential to accommodate the required metal tag or tags.
7(12)Notwithstanding subsections (10) and (11), a live tree on private land shall not be cut off, squared or faced without the consent of the owner of the land.
7(13)Notwithstanding paragraph (9)(b) and subsection (11), a live tree on private land may be used as a post without squaring or facing where consent of the owner has not been obtained.
93-174
8Repealed: 93-174
93-174
9An application to record a mineral claim may contain a maximum of twenty-five mineral claims
(a) all the mineral claims were staked by the same prospector, and
(b) all the mineral claims are a group of contiguous mineral claims staked in the name of the same person.
10An application to record a mineral claim shall be accompanied by a map at a scale of 1:50,000 or more detailed, showing the position of the mineral claim in relation to recognizable topographic features and to adjoining claim areas or lease areas, if any, and showing the position of all mineral claim posts on the ground, identifying witness posts with the letters “W.P.” and indicating the direction and distance to the true corner posts.
IV
REQUIRED WORK
11(1)The minimum dollar value of work required in relation to a mineral claim per mineral claim per term of the mineral claim is:
(a)first term..............
$100.00;
 
(b)second term..............
$150.00;
 
(c)third term..............
$200.00;
 
(d)fourth term..............
$250.00;
 
(e)fifth to tenth terms..............
$300.00;
 
(f)eleventh to fifteenth terms..............
$500.00;
 
(g)sixteenth to twenty-fifth terms..............
$600.00;
 
(h)all terms beyond the twenty-fifth term
$800.00.
11(2)The minimum dollar value of work required in relation to a mining lease is sixty dollars per hectare of lease area per year.
12Subject to the Act and the regulations under the Act, required work includes the following:
(a) establishing grid lines;
(b) general prospecting;
(c) trenching, stripping and excavating pits;
(d) shaft sinking, tunnelling and other underground work;
(e) geological, geophysical and geochemical surveys;
(f) drilling, where core or cuttings are taken and logged or analyzed;
(g) geophysical logging of drill holes;
(h) logging of drill core or cuttings;
(i) sample collection including bulk sampling, analyses and assays;
(j) metallurgical and beneficiation studies;
(k) petrographic, petrologic and mineralographic studies;
(l) photogeologic and remote imagery interpretations;
(m) boundary or control surveys and topographic mapping;
(n) protection, reclamation and rehabilitation of the environment, including work performed in compliance with New Brunswick Regulation 87-83 under the Clean Environment Act;
(o) preparation of feasibility study reports and technical progress reports in compliance with the Act and the regulations;
(o.1) compilations or interpretations of non-original work once every five years per claim area;
(p) transporting drill core to a core storage facility provided by the Minister; and
(q) such other work as the Recorder may determine.
93-174
13Required work on a mineral claim or a mining lease does not include work related to mining for the purpose of the production of a mineral.
93-174
14The dollar value of required work may include the following costs if the costs are reasonable and directly related to the performance of the work listed in section 12:
(a) at full cost:
(i) salaries and benefits;
(ii) food and accommodations;
(iii) equipment rental;
(iv) instrument rental;
(v) analyses and assays;
(vi) work contracted out;
(vii) transportation of drill core to a core storage facility provided by the Minister;
(viii) transportation of personnel in the Province to and from and about the work site;
(ix) transportation of supplies from the point of procurement to the work site;
(x) shipment of samples from the work site to a laboratory or other test facility or a mill; and
(xi) road construction; and
(b) to a total of not more than ten per cent of the total of all costs claimed under paragraph (a):
(i) office supplies and services, including digitizing; and
(ii) the purchase price of equipment used to perform exploration work or development work and intended to remain on the site for production work.
93-174
15A self-employed prospector may claim wages for general prospecting at the rate of twice the minimum wage prescribed under the Employment Standards Act.
16All geological, geophysical and geochemical surveys, petrographic, petrologic and mineralographic studies, photogeologic and remote imagery interpretations, and core logging performed for the purpose of required work shall be conducted by or under the direct supervision of a geologist, geophysicist, geochemist, engineer, technologist or prospector having qualifications acceptable to the Minister, and the person performing the work shall, upon the request of the Minister, provide the Minister with a statement of his qualifications.
V
REPORTS OF WORK
17(1)A report of work shall be submitted in duplicate and
(a) shall be typewritten on a good grade of bond paper, except prospecting reports, with each page of text numbered,
(b) shall consist of letter size pages, except for drill logs, graphs, maps or other illustrations,
(c) shall express all measurements and map scales in metric units, although imperial equivalents may also be shown, and
(d) shall be bound in durable standard letter size binders which permit easy removal of the text.
17(2)Any number of mineral claims may be reported on in one report of work if the claims are contiguous.
17(3)Repealed: 93-174
17(4)The holder of a mineral claim shall not submit receipts with a report of work unless required by the Recorder.
93-174
18A report of work shall contain the following information in the following order:
(a) on the front cover of the binder:
(i) the name of the natural person, partnership or corporation for whom the work was performed;
(ii) a title which includes the name of the claim group, which must be named after a topographic feature, or the name of the mining lease and the general nature of the report;
(iii) the dates during which the work was performed;
(iv) the designation of the National Topographic System 1:20,000 sheet on which the claim area or lease area is situated; and
(v) the name of the author and the date of the report;
(b) on the first page of the text:
(i) the information required in paragraph (a);
(ii) the metal tag number of each mineral claim;
(iii) the name of the holder of the mineral claim or group of contiguous claims or mining lease; and
(iv) Repealed: 93-174
(c) a table of contents which shall include:
(i) a list of each principal subdivision of the text with the corresponding page number; and
(ii) a list of each appendix, plan, map, diagram, figure or other illustration by title and number indicating the corresponding page number or location in the report;
(d) a summary of the work performed and statement of costs in Form 20 of New Brunswick Regulation 86-99 under the Mining Act;
(e) except where work has been contracted out, the names, positions and number of days worked of each person performing field or laboratory work, or report preparation;
(f) Repealed: 93-174
(g) an introduction which shall include:
(i) a brief description of the geographic and geologic setting of the claim area and the means of access to it;
(ii) a brief description of previous work;
(iii) a summary of the results of the present work;
(iv) a letter size property index map at a scale of 1:50,000 clearly showing the boundaries of the claim area or lease area in relation to recognizable topographic features and indicating the latitude and longitude of the claim area or lease area;
(v) a work index map at a scale of from 1:10,000 to 1:50,000 showing the location of the work performed, including the grid area or the area mapped, in relation to recognizable topographic features and to numbered posts of numbered mineral claims or to identifiable features on a lease area boundary;
(vi) the purpose, results and interpretations of the work, the detailed technical data and the conclusions and recommendations drawn from the results;
(vii) a list of references; and
(viii) the signature of the author and the date signed.
93-174
19(1)The detailed technical data required in subparagraph 18(g)(vi) are as follows:
(a) for grid establishment, a map or maps at a scale of 1:5,000 or more detailed, showing the location of each established line;
(b) for general prospecting:
(i) a typed or hand-written description of observations; and
(ii) a map or maps at a scale of 1:5,000 or more detailed, showing:
(A) the location of each traverse line;
(B) the location and result of each instrument reading made; and
(C) the location and analysis or assay result of each sample taken;
(c) for trenching, stripping or excavation of pits:
(i) a description of how the work was performed;
(ii) the dimensions of each trench, area of stripping or pit, including the depth of bedrock where exposed; and
(iii) a map or maps at a scale of 1:1,000 or more detailed, showing:
(A) the outline of each trench, area of stripping or pit;
(B) a brief geological description of the bedrock exposed; and
(C) the source location and assay results of each sample assayed;
(d) for shaft sinking, tunnelling and other underground work:
(i) a description of how the work was performed; and
(ii) maps and sections at a scale of 1:500 or more detailed, showing the location of the work performed;
(e) for a geological survey:
(i) a comprehensive review of all geological aspects observed including lithology, folding and faulting or other structures, mineralization, veins, alteration, textural and metamorphic features, plutonism, fossils and results of sampling and assaying, relating these aspects to previous work where applicable;
(ii) a map or maps at a scale of 1:5,000 or more detailed, showing the outline of each outcrop examined and rock types, attitudes of bedding and structures, mineralization, sample locations and assay results and a table of formations; and
(iii) such other maps, graphs, profiles or sections as may be useful in presenting the results of the work;
(f) for a geophysical survey:
(i) a description of the method and procedure followed, including components measured, units of measurement, units in which the results are presented, array, transmitter location, correction for diurnal variation, flight line interval, ground speed and terrain clearance, where applicable;
(ii) the make, model and specifications of each instrument used;
(iii) where the method used is new and not described in readily available literature, a summary of the underlying theory and a full description of the type of instrument used, the methods of measurement and data reduction and the results from test areas; and
(iv) an interpretation and evaluation of the results, relating them to the geology and topography of the test area and to previous work;
(g) for a ground geophysical survey:
(i) the data required in paragraph (f);
(ii) maps or profiles at a scale of 1:5,000 or more detailed, showing the numerical values obtained and the source locations and providing basic data where filtered or smoothed data are used; and
(iii) such other maps, graphs, profiles or sections, showing the data in contoured form or otherwise, as may be useful in presenting the results of the work;
(h) for an airborne geophysical survey,
(i) the data required in paragraph (f); and
(ii) maps or profiles showing the flight lines and either the actual numerical values obtained or the results in contoured form, whichever is more appropriate;
(i) for a ground geochemical survey:
(i) a description of the land, vegetation and soil, including type of topography, maximum and minimum elevations, drainage, types of vegetation and types and depths of soil;
(ii) a description of the sampling procedure, including details of the material or horizon sampled and of the sample depth;
(iii) where bedrock has been sampled, a description of the rock type;
(iv) for analyses:
(A) the name of the laboratory or chemist who performed the analyses;
(B) the mesh size fraction of the sample;
(C) the name and concentration of the reagents used for extraction of each element analyzed;
(D) a description of the chemical procedure for analyzing the samples, describing new methods in detail; and
(E) where testing has been done in the field, a description of the procedure;
(v) an interpretation and evaluation of the results, relating them to the geology, topography and soil types of the test area and to previous work;
(vi) where fewer than six elements have been analyzed, maps or profiles at a scale of 1:5,000 or more detailed showing the source location of each sample with the corresponding element, the unit of measurement and the numerical value obtained;
(vii) where six or more elements have been analyzed:
(A) a complete tabulated list or computer printout of all analytical data with the corresponding sample coordinates and technical information collected on site;
(B) a map at a scale of 1:5,000 or more detailed, showing the source location of each sample referred to in clause (A); and
(C) where significant variations have been found in the analytical data, a map or maps at a scale of 1:5,000 or more detailed, showing the analytical data in raw or contoured form; and
(viii) maps, graphs, sections or other illustrations showing data in contoured form or otherwise as may be useful in presenting the results of the work;
(j) for an airborne geochemical survey:
(i) the flight line interval, ground speed and terrain clearance;
(ii) the meteorological conditions;
(iii) the results of control surveys over known ore and barren ground; and
(iv) the information required in subparagraphs (i)(i), (ii), (v), (vi), (vii) and (viii), substituting map scales with the necessary modifications;
(k) for drilling:
(i) for each drill hole, the grid coordinates, dip and azimuth, core or hole diameter, start and completion dates and name of the company that performed the drilling;
(ii) for drill holes on claims, the relative collar elevations;
(iii) for drill holes on mining leases, the absolute collar elevations of each;
(iv) results of dip tests;
(v) complete and clearly legible logs of all core or cuttings, listing all observed mineralization and signed by the logger;
(vi) where assays were performed, the complete results clearly correlated with the logs;
(vii) where geophysical logging was performed, the logs;
(viii) for diamond drilling, the location of the core storage;
(ix) a map at a scale of 1:5,000 or more detailed, showing the location of each drill hole; and
(x) cross-sections as are useful in presenting the results of the drilling;
(l) for sampling and assaying, metallurgical or beneficiation studies, and petrographic, petrologic or mineralographic studies:
(i) a description of the procedure for sample collection and preparation;
(ii) a review of test or study procedures, and the test results and the interpretation of the test results;
(iii) a map or maps distinctly showing the source location of each sample and the corresponding analysis or assay where applicable; and
(iv) for metallurgical beneficiation studies, charts or diagrams illustrating procedures and results;
(m) for photogeologic or remote imagery interpretation:
(i) a review of the procedures, and the results and the interpretation of the results; and
(ii) maps, photographs or diagrams illustrating results and interpretations;
(n) for a boundary survey, the return of a survey, performed in accordance with sections 90 to 95 of the Act, which has been approved by the Director of Surveys;
(o) for a control survey or topographic mapping:
(i) a description of the survey procedure; and
(ii) an accurate traverse map showing the location of the survey in relation to the boundaries of a lease area or the posts and boundaries of a claim area and to a New Brunswick grid coordinate or a triangulation station; and
(p) for road construction:
(i) a description of how the work was performed;
(ii) the length and width of the road; and
(iii) the work index map required in subparagraph 18(g)(v).
19(2)A map scale other than a map scale prescribed in subsection (1) that is more appropriate in the circumstances may be used if the map presents the data clearly and completely and is suitable for microfilming.
93-174
20(1)Maps and other illustrations submitted with a report of work shall:
(a) not exceed a size of ninety centimetres by one hundred and twenty centimetres as defined by the outer limits of their drafted symbols or lines;
(b) be so uncluttered and have such large and clear printing or symbols that they remain readily decipherable upon being reduced twofold;
(c) be any of the following:
(i) rolled plastic originals;
(ii) blackline paper prints;
(iii) 35 mm microfilm images loaded into untitled microfiche jackets; or
(iv) in digitized form and accompanied by blackline paper prints;
(d) have a light background;
(e) use black pattern or black number coding, which may be combined with light colour coding;
(f) indicate orientation with respect to astronomic north on every plan map and index map;
(g) indicate scales of coordinates on sections, profiles or similar diagrams; and
(h) where appropriate, indicate in their lower right corner their identifying title, an appropriate bar scale and a legend.
20(2)All illustrations shall be consecutively numbered.
20(3)Letter size illustrations shall be bound securely in the binder and larger illustrations shall be folded and inserted in an envelope that is fastened securely to the bound text or contained with the bound text in an expanding file with cover flap.
93-174
21Sections 17 to 20 apply with the necessary modifications to a report for a regional survey.
22(1)The technical progress report required in subsection 56(8) of the Act shall be in duplicate and shall include:
(a) a map at a scale of 1:50,000 showing the location of the mineral claim in relation to topographic features;
(b) a list of all exploration and development expenses to date;
(c) a summary of surface exploration work with results and assays;
(d) a summary of drilling and underground development work with results;
(e) a list of tonnages and grades of mineral deposits, broken down into categories approved by the Minister;
(f) an explanation of why the holder of the mineral claim is not proceeding to production; and
(g) a description of future work planned for the mineral claim.
22(2)The date for the purposes of subsections 58(1) and 80(2) of the Act is the fifteenth day of March.
93-174
VI
MINING DEVELOPMENT AND RECLAMATION
23In this Part
“mine” includes
(a) any quarry, opening or excavation in, or working of, the ground for the purpose of mining,
(b) any orebody, mineral deposit, stratum, soil, rock, earth, clay, sand, gravel or place where mining has been, is or may be carried on, and
(c) any ways, works, machinery, plant, buildings, premises, stockpile, storage facility or waste dump below or above ground used for or in connection with mining;
“mining” means searching for or obtaining a mineral or mineral-bearing substance by disturbing, removing, crushing, washing, sifting, concentrating, roasting, dissolving, leaching, smelting, refining, reducing or otherwise treating or dealing with soil, earth, rock, stone or other material whether or not the soil, earth, rock, stone or other material has been previously disturbed, removed, crushed, washed, sifted, concentrated, roasted, dissolved, leached, smelted, refined, reduced or otherwise treated or dealt with;
“owner” includes every natural person, partnership or corporation that is the immediate holder, proprietor, lessee or occupier of all or part of a mine but does not include a natural person, partnership or corporation that is the owner of the surface rights of land in which a mine exists but that is not the owner of the ore and minerals in the mine.
24An owner shall advise the Minister of any of the following occurrences
(a) a failure of a surface dam or bulkhead of any tailings pond or other pond,
(b) an outbreak of fire above ground which affects or could affect the surrounding environment,
(c) an unexpected and uncontrolled extensive subsidence or caving of mine workings which affects the surface whether in a pit, quarry, strip mine or underground mine, or
(d) any contamination of the environment, in excess of limits authorized under the Clean Environment Act, which is directly or indirectly caused by the mining process,
within twenty-four hours after the occurrence and shall mail a full report of the occurrence to the Minister within seven days after the occurrence.
25An owner shall cause the following plans to be kept and updated every three months on a scale acceptable to the Minister:
(a) a surface plan showing the boundaries of the property, the surface extent of the deposit being mined, all lakes, streams, roads, railways, electric power transmission lines, main pipelines, buildings, shaft openings, adits, dumps, tailings disposal sites, slag piles and open surface workings including pits, quarries and strip mines;
(b) underground plans of each level showing all underground workings, including shafts, drifts, crosscuts, raises, declines, inclines and diamond drill holes, and depicting each level in a separate illustration;
(c) vertical sections showing all shafts, drifts, raises, stopes and other workings in relation to the surface and to the top of the bedrock; and
(d) geological plans that are acceptable to the Minister and are conformable with the plans required in paragraphs (b) and (c).
26(1)An owner shall file a copy of the plans and sections required in paragraphs 25(a), (b) and (c) with the Minister in each year not later than
(a) the thirty-first day of March, or
(b) the anniversary date of the commencement of production of the mine,
whichever is earlier.
26(2)The plans and sections filed under subsection (1) shall be as of the previous thirty-first day of December.
26(3)An owner shall file the plans and sections required in paragraph 25(d) with the Minister upon the request of the Minister within such time as the Minister may specify.
26(4)No owner shall discontinue the operation of, close down or otherwise render inaccessible all or part of a mine until the plans and sections required in section 25 have been updated and certified copies have been filed with the Minister.
26(5)The Minister may, by notice in writing, require an owner who fails to keep the plans or sections required in section 25, wilfully refuses or fails to produce a plan, withholds any portion of a plan or section, conceals any part of the workings or geology of the mine or produces an imperfect or inaccurate plan or section to prepare an accurate plan or section at the owner’s expense within such time as the Minister may specify and on the scale shown on the most recent plan or section used in the mine and to furnish a copy to the Minister.
27(1)An owner or the holder of a mining lease or mineral claim may apply to the Minister to determine whether or not an adjoining mine is encroaching on his lease area or claim area.
27(2)Upon receiving an application under subsection (1), the Minister shall examine the plans of any mine, lease area or claim area referred to in the application and, if necessary, may inspect their workings.
27(3)The Minister shall report to the applicant in writing as to whether or not his mine, lease area or claim area is being encroached on.
28Repealed: 89-175
89-175
29(1)A feasibility study report required under subparagraph 68(1)(c)(i) of the Act shall contain the following:
(a) a list of the names and mailing addresses of the lessee, its agents and the mine manager;
(b) a summary of the study including an assessment of the feasibility of production;
(c) a description of the geographic setting of the lease area including a map at a scale of 1:50,000 showing the boundaries of the lease area in relation to topographic features;
(d) a detailed description of the geological setting and minerology of the deposit to be mined;
(e) a list of the minerals or products to be mined or produced;
(f) a list of ore types and reserves thought to exist in the deposit to be mined, classified as proven, probable or possible;
(g) an up-to-date summary of annual exploration and development expenses;
(h) a summary of drilling and underground development and exploration work performed with results and assays;
(i) a summary of surface work performed with results and assays;
(j) a description of bulk sampling performed with assays and comparisons of assays;
(k) a description of pilot plant and metallurgical tests performed with results;
(l) a summary of marketing studies performed;
(m) the rationale for adopting a particular mining technique;
(n) a detailed description of the proposed mining plan including mining methods, rate or production, grades, recoveries, efficiencies and mining costs;
(o) a description of the proposed infrastructure;
(p) a list of required equipment;
(q) a description of the proposed processing methods and costs, including metallurgical flow sheets and recoveries;
(r) an assessment of the feasibility of processing the ore to the prime metal or finished product stage within the Province;
(s) an assessment of land requirements;
(t) an assessment of transportation requirements, including required access roads or rights of way;
(u) an assessment of power requirements and availability;
(v) a description of the proposed townsite, including housing, where applicable;
(w) an assessment of the potential social and economic impact of the project including the type and amount of labour required during construction and operation, wages and salaries to be paid, goods and services to be provided to the mine site and townsite, where applicable, including schools and hospitals, and the development of secondary industries;
(x) a forecast of sales revenue;
(y) estimates of capital and of annual operating costs;
(z) an evaluation of the project’s potential to generate sufficient cash flow to meet its operating costs, tax payments and debt servicing obligations;
(aa) scheduling;
(bb) under separate cover, a program for protection, reclamation and rehabilitation of the environment in accordance with section 30; and
(cc) such other information as may be relevant to the feasibility of the project or as may be required by the Minister.
29(2)Where applicable, the data required in subsection (1) shall be shown on maps, sections or both.
29(3)A feasibility study report shall be submitted in duplicate and shall comply with the requirements of paragraphs 17(1)(a), (b), (c) and (d) and subsection 20(1).
93-174
30(1)A program for protection, reclamation and rehabilitation of the environment required under paragraph 29(1)(bb) shall be submitted in triplicate.
30(2)A program referred to in subsection (1) shall describe in detail the following aspects of the lease area and the surrounding area and shall describe the likelihood of and kind of impact of the proposed mining operation on those aspects:
(a) the geographic setting;
(b) the topography and land forms;
(c) the superficial geology, including type, depth and quality of soil in distinct portions of the lease area and the effects of wind and water erosion;
(d) the quantity, quality and flow patterns of surface and subsurface water;
(e) the air quality;
(f) the noise levels;
(g) the type, density, distribution and vigour of animal and plant life;
(h) the natural aesthetic appearance;
(i) the density, type and propinquity of human habitation and structures;
(j) the current uses of land, water, animal and plant resources; and
(k) the potential uses for the lease area after the mine has ceased operation, including aggregate reserve, agriculture, commerce, protected natural area, forestry, housing, industry, recreation and sanitary landfill.
30(3)A program referred to in subsection (1) shall include a part, to be called the mining plan, that shall contain the following information:
(a) the name and mailing address of the owner of the proposed mine;
(b) the name and mailing address of the person intended to supervise the mining operation;
(c) the name and address for service of the attorney for service within the Province, if applicable;
(d) a list of the minerals to be mined or products to be produced;
(e) a description of the dimensions and shape of the orebody;
(f) a description of the mining schedule and the mining method to be used;
(g) a description of the mining plant and equipment to be used;
(h) a description of the source, quantity, method of transportation of and method of use of water required in the mining process;
(i) a list of the chemicals to be used in the mining process;
(j) a description of the quantity and chemical composition of expected effluent;
(k) a description of the intended site location and method of disposal of effluent;
(l) a detailed analysis of the potential hazards to the environment and plant and animal life of the lease area and surrounding area associated with the mining operation;
(m) a description of the fencing, screening, berms and signs to be used during the mining operation and after its discontinuance; and
(n) a detailed description and a schedule of the planned procedure for protection, reclamation and rehabilitation of the lease area, including, where applicable, monitoring the environment, backfilling, contouring, benching, sloping, grading, seeding and reforestation.
30(4)A program referred to in subsection (1) shall contain one or more plans at the same scale showing, in relation to topographic features, land lots, easements and boundaries of the lease area or a grant under subsection 25(2) of the Act:
(a) the location and outline of the mining operation and the area to be disturbed;
(b) the surface projection of the orebody;
(c) all open pits, shafts and other openings in the ground surface;
(d) all easements, rights of way, roads, railways, ditches, transmission lines, pipe lines, sewage lines, dams, wells, lakes, ponds, watercourses and other like features;
(e) all buildings and other structures;
(f) all storage piles, waste dumps, settling ponds, tailings ponds and other processing ponds; and
(g) all fences, screening, berms and signs to be used during and after the mining operation.
30(5)A program referred to in subsection (1) shall be accompanied by the written authorization to proceed from any municipality, rural community or local service district having a by-law or other form of development control affecting the lease area or the operation of the proposed mining operation.
30(6)The Minister may at any time review a program for the protection, reclamation and rehabilitation of the environment that has been accepted by him and may require a lessee to revise the program as a result of technological discoveries or other changes in circumstances.
2003, c.P-19.01, s.39; 2005-74
31(1)A reclamation program required under paragraph 109(3.1)(a) or 110(2)(a) of the Act shall briefly describe the following aspects of the lands to be disturbed and the surrounding area and shall briefly describe the likelihood of and kind of impact of the proposed operation on those aspects:
(a) the geographic setting;
(b) the topography and land forms;
(c) the depth and quality of soil;
(d) the quantity, quality and flow patterns of surface and subsurface water;
(e) the type, density, distribution and vigour of animal and plant life; and
(f) the current uses of land, water, animal and plant resources.
31(2)A program referred to in subsection (1) shall include:
(a) a description of the required equipment;
(b) a description of the structures to be erected;
(c) a description of the source, quantity, method of transportation of and method of use of water required in the proposed operation;
(d) a description of the quantity, intended site location and method of disposal of expected effluent; and
(e) a brief description and a schedule of the planned procedure for protection, reclamation and rehabilitation of the lands to be disturbed, including, where applicable, monitoring the environment, backfilling, contouring, benching, sloping, grading, seeding and reforestation.
31(3)Subject to subsections (1) and (2), a program for protection, reclamation and rehabilitation of the environment that is submitted by a holder of a mining lease and that is in conformity with section 30 is satisfactory for the purposes of paragraph 110(2)(a) of the Act.
89-175; 93-174
32An owner shall before the first day of April in each year deliver to the Minister a completed return containing the following information for the immediately preceding calendar year:
(a) the number of persons employed above and below ground;
(b) the accident frequency and severity;
(c) the total amount of wages paid during the year;
(d) the quantity in SI units of minerals treated and the treatment location;
(e) the quantity in SI units of concentrate or dressed mineral produced;
(f) the quantity in SI units, value and destination of concentrate or dressed mineral sold;
(g) the quantity and type of raw materials used in the production process; and
(h) such other information as may be required by the Minister.
33An owner shall deliver to the Minister upon his request at the end of each month or quarter of the calendar year, as the case may be, a monthly or quarterly return in accordance with section 32.
34(1)Subject to subsection (2), no mining operation shall be carried on within a distance from the property boundary of a lease area of twice the width or thickness of the orebody at the boundary, measured parallel to the boundary from footwall to hangingwall and normal to the dip.
34(2)No mining operation shall be carried on within a distance of six metres from the boundary of the lease area measured from the perpendicular to the boundary, except that
(a) for the purpose of preliminary investigation, development headings may be advanced to within six metres from the boundary,
(b) exploratory diamond drilling may be done within six metres from the boundary,
(c) where it is deemed necessary for the protection of persons employed underground, connections between mines may be established with the written approval of the Minister, and
(d) where adjoining property owners have agreed in writing, one or both may carry on mining operations within six metres from the boundary.
34(3)An owner shall deliver two certified copies of an agreement made under paragraph (2)(d) to the Minister before the operation commences.
35(1)Unless the owner of an excavation operation and the adjoining property owners make an agreement in writing, no owner of an excavation operation shall carry on the excavation operation in sand, gravel or clay or other natural unconsolidated material within a distance from the property boundary of half the height of the total pit face, and no material that sloughs from within this distance shall be removed.
35(2)Unless the owner of a quarrying operation and the adjoining property owners make an agreement in writing, no owner of a quarrying operation shall carry on the quarrying operation in an open-cast rock quarry within a distance of six metres from the property boundary.
35(3)Unless the owner of an excavation operation and the owner of the right of way make an agreement in writing, no owner of an excavation operation shall establish or extend the excavation operation within a distance of fifteen metres from a right of way for a public road, railway, pipe line, transmission line or other utility.
35(4)The owner of an excavation operation or quarrying operation shall file a copy of an agreement referred to in subsection (1), (2) or (3) with the Minister within fifteen days after the date of the signing of the agreement.
36(1)Before constructing a dam for the impoundment of tailings, an owner shall obtain the written approval of the Minister for the design, method of construction and method and frequency of additions to the dam.
36(2)An owner of an operating mine shall stabilize tailings pond areas and other areas that will not be required for future impoundment in accordance with the program for protection, reclamation and rehabilitation of the environment under section 30.
37(1)Where work in a mine has ceased or a mine has been abandoned, the Minister may, by notice in writing, require the owner to cover or fence the top of the shaft and all other pits and openings which the Minister considers dangerous due to their depth or other conditions.
37(2)The Minister may, by notice in writing, require an owner to slope to a safe angle the sides of any strip mine or open pit, or to fill in any opening which the Minister considers to be a danger to public safety.
37(3)The Minister may, by notice in writing, require an owner to install a reinforced concrete capping over any abandoned deep shaft and the design plans for the capping shall be submitted to the Minister for his approval before installation.
37(4)An owner shall comply with a notice in writing under this section within the time specified in the notice.
38(1)No owner shall carry on mining operations for a subsurface mineral in solution unless
(a) he gives written notice to the Minister of the location of and the method by which he intends to carry on the mining operations, and
(b) the Minister approves, in writing, the location and the method.
38(2)No owner shall carry on mining operations for a subsurface mineral in solution using a location or method different from the location or method approved by the Minister under subsection (1) unless
(a) he gives written notice to the Minister of the proposed location and method, and
(b) the Minister approves, in writing, the location and method.
38(3)For the purposes of paragraphs (1)(b) and (2)(b), an owner shall provide the Minister with all information necessary to enable an officer to inspect the site of the proposed mining operations and to observe any experiment conducted in relation to the mining operations.
38(4)An owner of mining operations for a subsurface mineral in solution shall take all possible precautions to prevent, as a direct or indirect result of the operations, the infiltration of water from one horizon to another and the damage to mineral substances.
38(5)The Minister may order an owner of mining operations for a subsurface mineral in solution to discontinue the operations if he believes that damage to mineral substances is being or is likely to be caused by the operations.
38(6)No owner shall discontinue mining operations for a subsurface mineral in solution unless
(a) he gives written notice to the Minister stating his intention to discontinue the mining operations and describing in detail the discontinuance procedure to be used,
(b) he follows a plugging procedure acceptable to the Minister, and
(c) he files in duplicate with the Minister a list of the plugs used for the plugging procedure referred to in paragraph (b).
39All drill wells required for mining operations for a subsurface mineral in solution shall be in accordance with the Oil and Natural Gas Act.
40All pipe lines required for mining operations for a subsurface mineral in solution shall be in accordance with the Pipe Line Act.
VII
SECURITY
41In this Part
“depositor” means a person who has deposited a security in accordance with this Part;
“society” means an unincorporated organization of two or more natural persons, other than a partnership, operating under the name of the organization for a common purpose or undertaking related to prospecting or mining.
42A natural person, a partnership or a corporation may deposit security required under the Act.
43(1)The amount of security required under clause 68(1)(c)(iv)(C) of the Act is ten thousand dollars per mining lease.
43(2)The amount of security required under subparagraph 68(1)(c)(v) of the Act is the sum of
(a) one thousand five hundred dollars per hectare of Crown Lands to be disturbed, and
(b) three thousand dollars per hectare of private land to be disturbed.
43(3)The amount of security required under paragraph 109(2)(c) of the Act is, for each owner of property with whom personal contact has not been made or with whom an agreement has not been reached, the sum of
(a) one thousand dollars, and
(b) one hundred dollars for each mineral claim on that owner’s property.
43(3.1)The amount of security required under paragraph 109(3.1)(b) of the Act is three thousand dollars per hectare of private land to be disturbed.
43(4)The amount of security required under paragraph 110(2)(b) of the Act is one thousand five hundred dollars per hectare of Crown Lands to be disturbed.
43(5)The number of hectares to be used in calculating the amount of security under subsections (2) and (4) shall be determined by the Minister based upon the program for protection, reclamation and rehabilitation of the environment under section 30.
89-175; 93-174
44(1)Notwithstanding section 42, a society may deposit as security the sum of twenty thousand dollars, which shall fulfill all the security requirements of subsection 43(3) for all natural persons who are its members, during the period of their membership.
44(2)A society depositing security under subsection (1) shall
(a) provide with the security an up-to-date membership list, and
(b) give written notice to the Minister of any change in the membership list and the date of the change within ten days after the change.
44(3)Where a claim is made under a security deposited under subsection (1), the onus shall be on any person whose name does not appear on the Minister’s list as a member at the time of an act or omission for which the claim is made to satisfy the Minister that he was a member at that time.
45(1)A depositor may deposit a substitute security in exchange for a security deposited under the Act.
45(2)A substitute security or a renewal of a security shall be deposited not less than twenty-one days before the cancellation or expiration date of a security deposited under the Act.
46A security or a substitute or renewal of a security is submitted or deposited when it is received in the Office of the Recorder and the Recorder has notified the depositor that it is in accordance with the Act and the regulations and is acceptable to the Recorder.
47A security shall be in one of the following forms:
(a) a deposit of money;
(b) a negotiable bond signed over to the Province;
(c) an irrevocable documentary credit or letter of credit from a bank or other lending institution acceptable to the Minister which is negotiable only by the Minister; or
(d) a bond of an insurance company authorized and licensed to do business in the Province, which shall be in Form 22 of the Forms Regulation - Mining Act.
48A security in the form described in paragraph 47(c) shall be for a term of not less than one year.
93-174
49(1)An insurance company providing a bond under paragraph 47(d) shall give the Minister three calendar months’ written notice of the lapse, expiry or cancellation of the bond.
49(2)Notwithstanding any other provision of this Regulation, the total liability of the insurer under the bond shall not at any time exceed the face value of the bond.
49(3)Where new bonds have been issued from time to time by the same insurance company on the expiry of previous bonds, all such bonds shall be deemed to be one continuing bond and the maximum amount for which the insurance company shall be liable shall be the face value of the bond last issued upon expiry of a previous bond.
50A depositor shall maintain a security, a substitute security or a renewal of a security until it is no longer required.
51The Minister shall return a security referred to in section 47 to the depositor when a substitute security complying with this Part has been deposited, or when the Minister has determined that the security is no longer required.
VIII
CONFIDENTIALITY
52(1)A report of work required under paragraph 56(1)(b) of the Act or a technical progress report required under subsection 56(8) of the Act is confidential until the earliest of the following dates:
(a) a date that is two years after the date of its receipt by the Recorder,
(b) a date that is less than two years after the date of its receipt by the Recorder if the holder of the mineral claim to be renewed so requests in writing at the time the report is submitted to the Recorder, and
(c) the date of the expiration of the renewal of the mineral claim.
52(2)A statement required under section 58 or subsection 80(2) of the Act is confidential for two years after the date of its receipt by the Recorder except that the Government of the Province of New Brunswick or the Government of Canada may at any time publish data obtained from the statement if the amount of money spent by a person, partnership or corporation or on a mineral claim, a group of contiguous mineral claims or a mining lease is not divulged.
52(3)A report of survey required under subsection 62(2) of the Act which is submitted not more than five years after the commencement of the survey is confidential for two years after the date of its receipt by the Recorder if the person submitting the report of survey makes a request in writing to that effect at the time the report is submitted to the Recorder.
52(4)The information in a notice of commencement of an airborne survey required under section 63 of the Act, except the fact that the survey is being or has been done and the date of commencement of the survey, may not be divulged except in conjunction with the divulgence under subsection (3) of information contained in the resulting survey.
52(5)Repealed: 89-175
52(6)Information in a feasibility study report required under subparagraph 68(1)(c)(i) of the Act or in revisions to a feasibility study report referred to in subsection 77(2) of the Act is confidential during the term of the mining lease to which it relates and the terms of any renewal, except that any information in the report may be divulged if the owner of the mining lease has specifically given permission for its disclosure in writing.
52(7)Plans and sections filed with the Minister under section 25 are confidential until
(a) the Minister is satisfied that the mine to which the plans and sections relate has permanently ceased operations, or
(b) the owner of the mine has given permission in writing for the disclosure of the plans and sections.
52(8)Plans and sections referred to in subsection (7) may be disclosed to an officer under the Occupational Health and Safety Act in order to enable him to exercise his powers and duties under that Act.
52(9)Subject to subsections (1) to (8) and to section 18 of the Act, information submitted or filed under the Act or the regulations shall remain confidential and may not be divulged for whatever period of time has been requested by the person submitting or filing the information.
89-175; 93-174
IX
SPECIAL LANDS
52.1The following are lands and consents for the purposes of paragraph 109(4)(e) of the Act:
(a) land used or to be used as a golf course, for which the consent of the owner of the land is required;
(b) Crown Lands that are shown on a claim map in the office of the Recorder as a proposed protected natural area, for which the consent of the Minister is required;
(c) Crown Lands that are shown on a claim map in the office of the Recorder as a proposed sugar bush stand, for which the consent of the Minister is required; and
(d) land used as a cemetery or burial ground, for which the consent of the owner of the land is required.
93-174; 2003, c.P-19.01, s.39
53New Brunswick Regulations 83-14, 84-3, 84-84 and 84-275 under the Mining Act are repealed.
54This Regulation comes into force on July 6, 1986.
N.B. This Regulation is consolidated to July 15, 2005.