1.1(1)Notwithstanding the definition “mineral” contained in the previous Act, any predecessor of that Act or any other Act, in all grants within the Province in which mines and minerals have been or may be excepted and reserved to the Crown, all sand, gravel, clay and soil used or to be used for their chemical or special physical properties, or both, or taken for contained minerals, are minerals and are property separate from the soil and constitute a property that is independent from that of the soil, and ownership of such minerals is vested in the Crown.

1.1(2)Notwithstanding the definition “mineral” contained in the previous Act, any predecessor of that Act or any other Act, all sand, gravel, clay and soil taken from Crown Lands and used or to be used for their chemical or special physical properties, or both, or taken for contained minerals, are minerals.

1.1(3)Subsections (1) and (2) shall not be deemed to be or to involve a declaration that the law under this Act is different from the law as it was under the previous Act, any predecessor of that Act or any other Act.

1.1(4)Subsection (1) shall not be deemed to be nor to involve an expropriation within the meaning of the Expropriation Act.

1.1(5)This Act supersedes the Expropriation Act.

1.1(6)Notwithstanding any other provision in this Act, a person who, before May 18, 1986, worked any deposit of sand, gravel, clay or soil for the purpose of using it for its chemical or special physical properties, or both, or for its contained minerals, shall not hereafter be required to pay any royalty or rent with respect to the sand, gravel, clay or soil taken from the deposit for those purposes.

1.2(1)For the purpose of greater certainty, the following are minerals for the purposes of this Act and the regulations:

1.2(2)Subsection (1) shall not be construed to limit the generality of the definition “mineral” in this Act.

2(1)This Act and the regulations apply to minerals the ownership of which is vested in the Crown and to all mines, including those where any or all of the mining is in relation to minerals the ownership of which is not vested in the Crown.

2(2)Nothing in this Act or the regulations exempts a person acting under this Act or the regulations from the application of the Forest Fires Act or the Fire Prevention Act.

3(1)The Minister is responsible for the administration and enforcement of this Act and the regulations and may designate persons to act on his behalf.

3(2)Subject to this Act, the Minister has the administration and control of all mines and minerals the ownership of which is vested in the Crown.

4(1)The Minister shall appoint from among persons employed under the Civil Service Act a Recorder and such other officers as he may determine.

4(2)Notwithstanding the Civil Service Act, the Minister may employ for a specified term any person

9(1)Subject to subsection (2), an extension of time under section 8 may be granted notwithstanding that the application for extension is made after the expiration of the time fixed or allowed.

9(2)An application for extension of time for the performance of required work shall be filed with the Minister at least twenty-one days before the date by which the work is required to be performed.

13(1)Subject to this Act and the regulations, it is the function of the Board and the Board has exclusive jurisdiction to hear and determine all questions, disagreements, matters or claims arising out of the application of this Act and the regulations including to hear and determine any question, disagreement, matter or claim

13(3)In hearing and determining any question, disagreement, matter or claim referred to in this section, the Board may order an officer appointed under section 4 to inspect a mine or the land covered by a mineral claim, mining lease or agreement under subsection 25(2), with or without notice, for the purpose of ascertaining whether the operator of the mine or the holder of the mineral claim, mining lease or party to an agreement under subsection 25(2) has complied with this Act and the regulations.

13(4)A report of an inspection referred to in subsection (3) shall be made in writing by the officer making the inspection and shall be filed in the office of the Recorder.

13(5)The holder of the mineral claim or mining lease, the operator of the mine, a party to an agreement under subsection 25(2) or any other interested person is entitled, on payment of the fee prescribed by regulation, to receive from the Recorder a certified copy of a report of inspection filed in the office of the Recorder under this section.

13(6)In determining any question, disagreement, matter or claim under this section, the Board may order the alteration, cancellation or reinstatement of a mineral claim, mining lease or agreement under subsection 25(2), or the cancellation or reinstatement of a prospecting licence.

13(7)Where a mining lease is ordered to be cancelled under subsection (6), the Board shall advise the Recorder of the cancellation and the Recorder shall immediately mark the record, if any, of the mining lease “Cancelled” and post in the Recorder’s office a notice of the cancellation and the land covered by the mining lease is withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.

13(7.1)Where a mineral claim is ordered to be cancelled under subsection (6), the Board shall advise the Recorder of the cancellation and the Recorder shall immediately mark in the registry that the mineral claim is cancelled and the land covered by the mineral claim is withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.

13(7.2)When an agreement under subsection 25(2) is ordered to be cancelled under subsection (6), the Board shall advise the Recorder of the cancellation and the Recorder shall immediately mark in the registry that the agreement is cancelled and the land covered by the agreement is withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.

13(8)When the Board has determined that there has been actual damage to or interference with the use and enjoyment of property and the Board has determined the compensation to be paid, the Board may order a prospector, holder of a mineral claim, holder of a mining lease, party to an agreement under subsection 25(2) or operator of a mine to pay the amount payable to the person aggrieved.

13(9)Despite sections 56 and 71 or any provision of the regulations, when a mineral claim, a mining lease or agreement under subsection 25(2) was or is the subject of an application under section 113, the Board may, in determining any question, disagreement, matter or claim referred to in this section, make an order, on the terms the Board considers fit, relieving the party to the agreement or the holder of the mineral claim or mining lease from the performance of any or all the required work.

13(11)The Board may award costs on hearing and determining any question, disagreement, matter or claim referred to in this section.

13(12)No action lies and no other proceedings shall be taken in any court as to any question, disagreement, matter or claim arising out of the application of this Act and the regulations, except in accordance with this Act, and every such question, disagreement, matter or claim shall be determined by the Board which may make any orders and give any directions as the Board considers necessary to make effectual and enforce compliance with Board’s determinations, orders and directions.

14(1)The Recorder shall have an office at the city of Fredericton and shall have such other offices at other places in the Province as the Minister considers appropriate, and each such office shall be the office of the Recorder for the purposes of this Act and the regulations.

14(2)The Recorder may delegate all or certain of his powers and duties under this Act and the regulations to officers appointed under section 4.

14(3)The Recorder shall keep at the Fredericton office records submitted to the Recorder in respect of mining leases, agreements referred to in subsection 25(2), all instruments affecting mining leases and claim maps showing the location of land covered by mining leases.

14(4)Subject to this Act and the regulations, any claim map referred to in subsection (3) and any document filed in the Recorder’s office or submitted to the Recorder shall be open to public inspection during normal office hours and, on payment of the fee prescribed by regulation, the Recorder shall provide copies of the claim maps and documents or compilations of data from the claim maps or documents.

14(5)A document signed by the Recorder and purporting to be a copy of any of the following documents is admissible as evidence of the contents of the document before the Board and in any court in the Province without proof of the Recorder’s appointment, authority or signature:

14(6)The Recorder shall enter in the registry in respect of a mineral claim or enter on the record of any mining lease or agreement under subsection 25(2) a note of any order or decision affecting the mineral claim, mining lease or agreement giving its date and effect and the date of entry.

14.1(1)The Recorder shall establish and maintain an electronic mineral claims registry for the purposes of the registration of mineral claims, changes to mineral claims and other mineral claim information.

14.1(2)The Recorder may, with respect to the registry,

14.1(3)The registry shall indicate the lands open for registration of mineral claims in the Province.

14.2(1)Any information required to be entered in or submitted to the registry shall be entered in or submitted by electronic means in the form and manner approved by the Recorder.

14.2(2)Payment of any fees or deposits required to be submitted for the registration of a mineral claim or any change to a mineral claim referred to in section 48.1 shall be made by electronic means in a manner and at a time established by the Recorder.

14.2(3) No person other than a prospector or his or her agent shall submit information to the registry for the purposes of registration of a mineral claim or any change to a mineral claim referred to in section 48.1.

14.2(4)The submission of information for the purposes of registration of a mineral claim or any change to a mineral claim referred to in section 48.1 is a certification by the person submitting the information that he or she is authorized to do so.

14.3(1)Notwithstanding any other provision of this Act, the registration of a mineral claim or any change to a mineral claim referred to in section 48.1 may be submitted to the Recorder for registration in paper format if

14.3(2)If the registration of the mineral claim or the change in the mineral claim is authorized to be submitted in paper format, the Recorder shall enter the information with respect to the registration into the registry.

14.4(1)The Recorder may

14.4(2)If the Recorder deletes or amends an entry in the registry, the Recorder shall, either before or after deleting or amending the entry, give notice to any affected person.

14.5(1)Notwithstanding any other provision of this Act, the Recorder may

14.5(2)The date referred to in paragraph (1)(b) shall be considered for all purposes to be the date on which the mineral claim or change to the mineral claim was received by the Recorder and registered in the registry.

15(1)The Recorder may order an officer appointed under section 4 to inspect a mine or the land covered by a mineral claim or mining lease, with or without notice, for the purpose of ascertaining whether the operator of the mine or the holder of the mineral claim or mining lease has complied with this Act and the regulations.

15(2)A report of an inspection referred to in subsection (1) shall be made in writing by the officer making the inspection and shall be filed in the office of the Recorder.

15(3)The holder of the mineral claim or mining lease, the operator of the mine or any other interested person is entitled, on payment of the fee prescribed by regulation, to receive from the Recorder a certified copy of a report of inspection filed in the office of the Recorder under this section.

15(4)If under this section the Recorder has ordered an inspection of the land covered by a mineral claim and, based on the report of that inspection, the Recorder is satisfied that the holder of the mineral claim has not complied with this Act or the regulations, the Recorder shall cancel the claim, mark in the registry the claim is cancelled and immediately notify the holder of the mineral claim by registered letter of the cancellation.

15(5)An appeal from the cancellation of a mineral claim under this section may be taken by the holder of the mineral claim to the Board, but no such appeal shall be made more than twenty days after notification under subsection (4).

15(6)On the cancellation of a mineral claim under this section, the land covered by the mineral claim shall be withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.

19(1)In this section “interest” includes a share, whether publicly traded or not, in a corporation or partnership that holds an interest in a mineral claim, a mining lease or a mine.

19(2)The Minister, a person who is appointed or employed under this Act or whose duties include the administration and enforcement of this Act and the regulations shall not

19(4)Every person convicted of an offence under subsection (2) forfeits his office or employment.

25(1)The Lieutenant-Governor in Council may withdraw any land in the Province from prospecting and registration of mineral claims for all or certain minerals.

25(2)Land withdrawn from prospecting and registration of mineral claims under this section may, notwithstanding any other provision of this Act, be held or worked under an agreement with the Crown and prospecting, registration of mineral claims, mining and production may be carried on thereon in the manner and on the terms and conditions as may be provided by the Lieutenant-Governor in Council.

25(3)Without restricting the generality of subsection (2), an agreement under that subsection may contain provisions relating to the payment of royalties and to the processing, transportation and sale of minerals.

29(1)On payment of the fee prescribed by regulation, a natural person who is 19 years of age or older may apply to the Recorder, in the form and manner authorized by the Recorder, for a prospecting licence.

29(2)On payment of the fee prescribed by regulation, a corporation or partnership authorized under the laws of the Province to carry on business in the Province may apply to the Recorder, in the form and manner authorized by the Recorder, for a prospecting licence.

30(1)A prospecting licence

30(2)A prospecting licence is not valid if it is not signed by

35(1)Subject to sections 109 and 110, a prospector may enter, remain and travel on land open for prospecting and registration of mineral claims and may prospect and work on that land in accordance with this Act and the regulations and may have with him or her and use any vehicles, machinery, equipment, supplies, personnel and temporary housing as are necessary to prospect and work in accordance with this Act and the regulations; but the prospector and the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working are liable for actual damage to and interference with the use and enjoyment of property caused by the prospector entering, remaining, travelling, prospecting or working.

35(2)Subject to subsection (4), a prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working, shall remove temporary housing from the land open for prospecting and registration of mineral claims on or before the thirty-first day of December of the year in which the prospector placed or used the temporary housing on the land.

35(3)Before the first day of December, a prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working, may apply in writing to the Recorder for an exemption from the requirement under subsection (2).

35(4)The Recorder may grant an exemption to the prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working, from the requirement under subsection (2) for a maximum of 12 months if the Recorder is satisfied that the exemption is necessary in order to prospect or work in accordance with this Act and the regulations.

48(1)A prospector who wishes to register a mineral claim in the registry or make any change to a mineral claim referred to in section 48.1 shall do so by entering the particulars of the mineral claim or change to the mineral claim in the registry.

48(2)Except as otherwise provided for in this Act, a mineral claim or a change to a mineral claim referred to in section 48.1 may be registered in the register by a natural person who is a prospector

48(3)Subject to the Act and the regulations, any number of mineral claims may be registered in the registry under a prospecting licence.

48(4)The registration of a mineral claim shall include the fee prescribed by regulation and, if applicable, the work commitment security deposit and, if applicable, any change to the mineral claim referred to in section 48.1 shall include the fee prescribed by regulation.

48(5)A prospector who wishes to register a mineral claim or register any change to the mineral claim referred to in section 48.1 shall provide evidence of his or her identity or authorization to register the mineral claim or change to the mineral claim.

48(6)On confirmation of payment of the fee and, if applicable, the work commitment security deposit, as recorded by the registry, the mineral claim or change to the mineral claim is registered and a statement confirming the registration of the mineral claim or change to the mineral claim shall be sent electronically to the prospector.

48(7)A prospector who registers a mineral claim or any change to the mineral claim referred to in section 48.1 shall not cancel, withdraw in any way retract or reverse payment of any fee or, if applicable, the work commitment security deposit without approval of the Recorder.

48.2(1)A mineral claim shall

48.2(2)Only one mineral claim may be registered with respect to a mineral claim unit.

48.2(3)The boundaries of a claim area extend downward vertically on all sides.

48.4(1)The following definitions apply in this section and sections 48.5 to 48.8.

48.4(2)A ground staked mineral claim recorded with the Recorder before the commencement of this section continues until expiry, surrender or cancellation or until converted to a lease or to a map staked mineral claim.

48.4(3)A holder of a ground staked mineral claim may renew the mineral claim subject to this Act and the regulations as they read immediately before the commencement of this section.

48.4(4)The inclusion of part of a ground staked mineral claim in an area in which the location or recording of that part is prohibited under this Act does not affect the validity of the location of the remainder of the claim and the location of any post does not invalidate the claim.

48.4(5)The date and time of completion of staking of the ground staked mineral claim marked on a claim post in accordance with the regulations as they read immediately before the commencement of this section determines the priority of ground staked mineral claims.

48.4(6) The identification of a ground staked mineral claim shall be made by a map approved for that purpose by the Recorder but, if there is a conflict between the identification of a ground staked mineral claim as determined by that map and the identification of the claim determined by stakes, marks or posts, the identification as determined by the stakes, marks or posts prevails.

48.4(7)If the Recorder is satisfied that there is substantial compliance with the provisions of this section or sections 48.7 and 48.8 with respect to staking of the mineral claim, the Recorder may direct the holder of a mineral claim

48.6(1)Any agreement referred to in subsection 25(2) approved by the Lieutenant-Governor in Council after June 26, 2008, and before the commencement of this section shall be deemed to have been validly entered into and is confirmed and ratified.

48.6(2)Any claim acquired or granted in relation to the minerals referred to in an agreement referred to in subsection (1) shall be deemed to be a map staked mineral claim.

48.7(1)The holder of a ground staked mineral claim or a group of ground staked mineral claims that are contiguous may apply to the Recorder to convert the ground staked mineral claim or group of ground staked claims to a map staked mineral claim.

48.7(2)An application under this section shall be made in writing to the Recorder before the expiration of the term of the ground staked mineral claim or the group of ground staked mineral claims.

48.7(3)In respect of an application under this section, the Recorder shall determine

48.7(4)Subject to this section, the Recorder may change or modify the boundaries of the ground staked mineral claim or the group of ground staked mineral claims that are contiguous, or any other aspects of the claim being converted under this section, in order to effect the conversion.

48.7(5)The Recorder may, in the Recorder’s discretion, grant to the holder of the ground staked mineral claim or group of mineral claims being converted under this section up to 2 additional mineral claim units abutting the mineral claim units that surround the perimeter of the claim area of the ground staked claim

48.7(6)If the additional mineral claim units granted under subsection (5) are located on private land or on Crown Lands leased from the Crown under the Crown Lands and Forests Act, the Recorder shall notify the owner of the private land or the lessee of the Crown Lands of the additional mineral claim units granted.

48.7(7)The land covered by the map staked mineral claim that has been converted under this section shall, as far as practicable, be substantially similar to the land covered by the ground staked mineral claim.

48.7(8)If the Recorder approves an application under this section, the Recorder shall register the map staked mineral claim in the registry and

48.8(1)The Recorder shall, within 90 days after the commencement of this section, convert all ground staked mineral claims to map staked mineral claims and register in the registry the map staked mineral claims in accordance with this section and any regulations.

48.8(2)In respect of each ground staked mineral claim that is to be converted under this section, the Recorder shall determine

48.8(3)Subject to this section, the Recorder may change or modify the boundaries of the ground staked mineral claim or any other aspects of the claim being converted under this section in order to effect the conversion.

48.8(4)If the claim area of any ground staked mineral claim to be converted under this section consists of one or more whole mineral claim units, the whole mineral claim unit or units shall be included in the claim area of the converted map staked mineral claim.

48.8(5)If the claim area of any ground staked mineral claim to be converted under this section consists of a portion of any mineral claim unit or units, the whole mineral claim unit or units shall be included in the claim area of the converted map staked mineral claim, unless another holder of a ground staked mineral claim holds a claim over a portion of the same mineral claim unit.

48.8(6)If another holder of a ground staked mineral claim holds a claim over a portion of the same mineral claim unit of a ground staked mineral claim to be converted under this section, the claim area of the ground staked mineral claim being converted shall be identified in the same manner as under subsection 48.4(6).

48.8(7)The land covered by the map staked mineral claim that has been converted under this section shall, as far as practicable, be substantially similar to the land covered by the ground staked mineral claim.

48.8(8)With respect to a map staked mineral claim converted under this section,

48.8(9)If a notice of dispute has not been filed with the Board within 30 days after the registration of the map staked mineral claim, a map staked mineral claim converted under this section shall be deemed to be a map staked mineral claim registered in the registry under this Act with a registration date the same as the recording date of the converted ground staked mineral claim.

48.8(10)No action, application or other proceeding lies against the Minister or the Crown in right of the Province as a result of the enactment of this section or the exercise of a function under this section.

52(1)If the Recorder is satisfied that the holder of a mineral claim is not in compliance with a provision of this Act or the regulations, the Recorder may do one or more of the following:

52(2)If the holder does not comply with the order under paragraph (1)(b) within the period specified, the Recorder may cancel the mineral claim.

52(3)An appeal from the cancellation of a mineral claim under this section may be taken by the holder of the mineral claim to the Board, but no such appeal shall be made more than 20 days after receiving the notice under paragraph (1)(b).

52(4)On the cancellation of a mineral claim under this section, the land covered by the mineral claim shall be withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.

53(1)The registration of a mineral claim gives the holder of the mineral claim

53(2)The holder of a mineral claim is liable for actual damage to and interference with the use and enjoyment of property caused by him or anyone acting on his behalf in or on the claim area.

55(1)Subject to section 56, before the expiration of any term, the holder of a mineral claim has the right to renew the mineral claim by registration in the registry for one, two or three terms of one year each.

55(2)The renewal of a mineral claim under subsection (1) takes effect on the date of the expiration of the claim to be renewed.

55(3)A mineral claim renewed under subsection (1) expires at midnight

56(1)The holder of a mineral claim may register a renewal in the registry if the holder has complied with all provisions of this Act and the regulations pertaining to the claim and, with respect to each mineral claim to be renewed, submits, in the form and manner required by the Recorder,

56(2)Notwithstanding the costs of work established by the holder of a mineral claim in a statement or report submitted under subsection (1), the Recorder may, after considering the report and any receipts or contracts required by him relating to the work performed, assign a dollar value to the work for the purposes of this Act and the regulations.

56(3)In determining a dollar value under subsection (2), if the Recorder is satisfied that

56(4)If the Recorder determines that a report of work, or any part of the report, is not in accordance with this Act, the Recorder shall return the report, or part of the report, to the prospector for amendment, and, if the Recorder has not received the required amendment within thirty days after the return, the work reported in the report or part of the report shall not be considered in the renewal of the mineral claim.

56(5)Where mineral claims, the claim areas of which are contiguous, are held by the same person, the required work in relation to the claims may be performed anywhere within that group of contiguous claim areas, the statement and report required by subsection (1) may cover the group of claims and the statement of the performance of the work submitted under subsection (1) shall indicate the claim area or areas on which the work was performed and the mineral claim or claims to which the whole of that work is to be applied.

56(6)If the dollar value of work performed in respect of a mineral claim, as determined by the Recorder, is in excess of that required under the regulations, the excess shall be credited by the Recorder towards the dollar value of work required to be done during a subsequent term or terms of the mineral claim, but no excess shall be credited beyond the tenth term after the term in which the work is performed.

56(6.1)A mineral claim shall not be renewed for more than one term at a time unless the excess referred to in subsection (6) equals or exceeds the dollar value of work required by the regulations to be performed

56(7)Excess dollar value of work determined under this section

56(10)Notwithstanding subsection (1), where prior to the first renewal of a mineral claim the required work has not been performed, the first renewal only shall be granted if

57(1)If the report containing evidence of the performance of work and a statement of the costs incurred is submitted to the Recorder within the required period, the mineral claim shall not expire because of any delay that may occur in the consideration of the evidence or statement or in making an investigation on any ground that may be considered necessary by the Recorder, and any extension of the mineral claim as may be required shall be granted by the Recorder.

57(2)The Recorder, if satisfied that the required work has been duly performed or, where applicable, the condition under subsection 56(10) has been complied with, shall notify the holder of the mineral claim in writing to that effect and shall indicate the amount of any excess dollar value of work that has been credited under subsection 56(6).

58(1)On or before a date in each year fixed by regulation, every person who was the holder of a mineral claim at any time during the preceding calendar year shall submit to the Recorder a statement, in the form and containing the information required by the Recorder, specifying the kind, amount and cost of all work done in respect of the claim during that preceding calendar year and the minerals sought, notwithstanding that the claim may have expired or may have been surrendered, cancelled or converted to a mining lease during that year.

58(2)Where mineral claims, the claim areas of which are contiguous, are held by the same person or persons, a statement under subsection (1) may cover the group of claims.

58.1(1)On payment of the fee prescribed by regulation, the holder of a mineral claim may group 2 or more mineral claims into one group of contiguous mineral claims by registration in the registry.

58.1(3)The date of registration of each mineral claim contained in a group of contiguous mineral claims grouped under this section shall be deemed to be the date of registration of the first registered mineral claim in the group.

58.1(4)The renewal fee for renewing each mineral claim contained in a group of contiguous mineral claims grouped under this section is the fee prescribed by regulation for renewing the first recorded mineral claim in the group for the applicable term.

58.1(5)The kind and dollar value of work required to be performed in any term in relation to each mineral claim contained in a group of contiguous mineral claims grouped under this section is the kind and dollar value of work required by regulation to be performed for that term in relation to the first recorded mineral claim in the group.

58.1(6)A mineral claim unit may be separated from a mineral claim grouped under this section by registration in the registry only as a result of surrender, transfer, expiry or cancellation of the mineral claim unit.

58.1(7)Where a mineral claim is separated from a group of contiguous mineral claims grouped under this section, the separated mineral claim keeps the date of registration that was determined for the group of contiguous mineral claims.

58.1(8)Where a mineral claim is separated from a group of contiguous mineral claims grouped under this section, the Recorder shall credit any excess dollar value of the work performed in relation to the mineral claims in amounts as determined by the holder of the group of contiguous mineral claims to

60(1)Where a registered mineral claim expires or is surrendered or cancelled under this Act, the person who held the claim may, within six months after that expiry, surrender or cancellation, remove any structure, equipment, machinery or other property that he may have placed or erected on the claim area.

60(2)Where the holder of a registered mineral claim is not the owner of the surface, the ownership of any structure, equipment, machinery or other property placed or erected on the claim area by the holder and remaining after the expiry of the time prescribed in subsection (1) vests, subject to any agreement with the owner of the surface, in the Crown and may be sold, leased or otherwise disposed of by the Minister.

60(3)Where a mineral claim expires or is surrendered or cancelled, the person who held the mineral claim continues to be liable for any obligation for which he was liable under this Act or the regulations immediately before the expiry, surrender or cancellation.

60(4)On the expiry or surrender of a mineral claim, the claim area of the expired or surrendered mineral claim is withdrawn from prospecting and registration of mineral claims until 10 a.m. on the seventh day after the date of the expiry or surrender, and the person who previously held the claim, or by anyone in his or her name, shall not in any case register in the registry any mineral claim unit that was included in the claim area of the expired or surrendered mineral claim before 10 a.m. on the fourteenth day after the date of the expiry or surrender.

61(1)Subject to this section, a prospector may file with the Recorder a notice of dispute, in the form provided by the Minister, alleging that a mineral claim was not proper to be registered.

61(2)The notice referred to in subsection (1) shall be in duplicate and shall be accompanied by the fee prescribed by regulation.

61(3)Where the prospector claims that he is entitled

61(4)The Recorder shall not accept a notice of dispute for filing unless it contains, or has endorsed thereon, an address for service for the prospector filing the notice.

61(5)The Recorder shall not accept a notice of dispute for filing after sixty days following the registration of the mineral claim unless

61(6)Where a notice of dispute has been filed in accordance with this section, the Recorder shall

61(7)After the requirements of this section have been met, sections 13 and 113 apply to the dispute.

62(1)Subject to subsections (2) and (3)

62(2)Notwithstanding subsection 56(1), every person who causes a regional survey to be performed shall submit to the Recorder a report of survey not later than fifteen years after the commencement of the survey; but for a regional survey to be credited towards required work, a report of the entire survey shall be submitted to the Recorder not later than five years after the commencement of the survey.

62(3)A report of survey referred to in subsection (2) shall be in accordance with the regulations.

66(1)Any person intending to abandon, discard, dump, destroy or otherwise reduce the original technical value of any drill core or cuttings obtained by drilling as referred to in section 64 and in their possession or lodged with them for safekeeping, other than as authorized in section 65, shall notify the Recorder of that intention and upon receipt of the notification the Recorder shall

66(2)The actions taken by the Recorder under subsection (1) shall be undertaken at the expense of the Crown.

66(3)Section 65 does not apply when notice has been received by the Recorder under subsection (1) and the Recorder has not responded within six months after receipt by him of the notice.

68(1)A holder of a recorded mineral claim or a group of contiguous recorded mineral claims may apply to the Minister for and obtain from him a mining lease if

68(2)Notwithstanding subsection (1), a mining lease shall not be granted until the Minister, having obtained the approval of the Minister of Environment and Climate Change and the Minister of Agriculture, Aquaculture and Fisheries insofar as the program may affect their responsibilities, has approved the applicant’s program for protection, reclamation and rehabilitation of the environment as set forth in the feasibility study report referred to in subparagraph (1)(c)(i).

68(3)If all or part of the boundaries of the land to be covered by the mining lease have been previously surveyed and a return of that survey has been approved by the Recorder or the Director of Surveys and filed with the Recorder, another survey of those boundaries or that part of the boundaries is not required except

68(4)Upon the commencement of the first term of a mining lease, all mineral claims in respect of which the application for the lease was made are replaced by the mining lease.

69(1)A mining lease, in the form prescribed by regulation, shall be executed in duplicate; and one duplicate, to be known as the counterpart, shall be delivered to the lessee and the other shall be filed and recorded in the Fredericton office of the Recorder.

69(2)Every mining lease granted under this Act shall be executed by the Minister under his hand and seal of office and by the lessee under his hand and seal or that of his duly authorized attorney or agent and, where a mining lease is executed by an attorney or agent, the instrument conferring such power shall be filed in the Fredericton office of the Recorder before the counterpart of the mining lease is delivered to the lessee.

69(3)A certification of the filing and recording required under subsection (1) shall be endorsed by the Recorder on the counterpart delivered to the lessee.

70(1)Every lessee shall pay rent, at the rate required by regulation, annually on or before the anniversary of the date of the commencement of the first term of the mining lease for the ensuing year.

70(2)Notwithstanding subsection (1), the amount of rent payable on a mining lease for coal shall be reduced by the amount of royalty paid in the preceding year but the rent payable shall not be less than fifty per cent of that required by regulation.

71(1)Except in any year in which he carries on production under his mining lease, every lessee shall submit annually to the Recorder

71(2)Except in any year in which a lessee carries on production under his mining lease, subsections 56(2), (3), (4), (6) and (7) and subsections 57(1) and (2) apply to mining leases with such modifications as are necessary, and for the purposes of this section the word “term” when used in those subsections means “year”.

73(1)A lessee may, subject to the laws in effect with respect to mining leases at the time of renewal and subject to the lessee having complied with the provisions of this Act and the regulations and with the terms and conditions of the mining lease during the term that is about to expire, apply in writing to the Minister at least six months prior to the expiration of the mining lease to have the lease renewed for a further term of twenty years.

73(2)A mining lease renewed under subsection (1) may be renewed in accordance with that subsection for two additional terms of twenty years each.

74(1)A lessee shall not assign, transfer, set over or otherwise part with all or any of the rights granted under the lease or under this Act or the regulations to any person without the written consent of the Minister.

74(2)The Minister may refuse to give his consent under subsection (1) if, in his opinion, it is in the public interest to do so.

75(1)Subject to the terms and conditions of the mining lease, a mining lease gives the lessee,

75(2)The holder of a mining lease is liable for actual damage to or interference with the use and enjoyment of property caused by him or anyone acting on his behalf in or on the lease area.

76(1)Where production

76(2)When required so to do by the Minister at the time a mining lease is granted or at any time thereafter, a lessee shall process or further process in the Province any minerals mined in the Province under the mining lease.

76(3)The Minister shall not require a lessee to process or further process minerals in the Province unless he is satisfied that the lessee is economically able to do so.

77(1)At least ninety days before the opening or reopening of a mine for the purpose of production, the lessee shall submit to the Minister

77(2)No work in relation to the opening or reopening of a mine for the purpose of production shall be commenced until the Minister has received the revisions to the feasibility study report referred to in paragraph (1)(b) and has approved any revisions to the lessee’s program for the protection, reclamation and rehabilitation of the environment.

80(1)Every lessee shall submit to the Recorder such completed returns as are required by the regulations.

80(2)On or before a date in each year to be fixed by regulation, every person who was the holder of a mining lease at any time during the preceding calendar year shall submit to the Recorder a statement, on a form provided by the Minister, specifying the kind, amount and cost of all work done in respect of the lease during that preceding calendar year and the minerals recovered or recoverable, notwithstanding that the lease may have expired or may have been surrendered or cancelled during that year.

84(1)Whenever it is represented to or comes to the knowledge of the Minister that a lessee has failed to comply with any provision of this Act or the Metallic Minerals Tax Act or regulations under those Acts or with any term or condition of his mining lease the Minister shall cause a notice in writing to be served personally or by registered mail upon the lessee, informing him of the failure or alleged failure to comply and appointing a place and time, not fewer than thirty days after the date the notice was mailed, for an investigation thereof.

84(2)At the time and place appointed, the Minister shall proceed to investigate the failure to comply, and may, if he is satisfied that the lessee has failed to comply with any provision of this Act or the Metallic Minerals Tax Act or regulations under those Acts or any term or condition of his lease,

84(3)If the lessee does not comply with this Act or the Metallic Minerals Tax Act or regulations under those Acts and the terms and conditions of the mining lease within an extended period of time granted under subsection (2), the Minister shall cancel the lease and shall thereupon cause notice of the cancellation in writing to be served personally or by registered mail upon the lessee.

84(4)Where a mining lease is cancelled under this section the land covered by the lease is thereupon withdrawn from prospecting and registration of mineral claims until such time as the Minister may set.

85(1)A lessee may at any time surrender his mining lease by notice signed by him and filed together with his counterpart of the lease in the office of the Recorder.

85(2)If the counterpart of a mining lease has been lost or cannot be obtained, a statement verified by affidavit or solemn declaration to that effect made by the lessee shall be received in place of the counterpart.

87(1)Where a mining lease expires or is surrendered or cancelled under this Act, the lessee may, within one year after that surrender, expiration or cancellation remove any structure, equipment, machinery or other property that he may have placed or erected on the lease area, and he may remove any minerals which he may have extracted from the lease area and in relation to which he has paid the royalty required under this Act or the tax required under the Metallic Minerals Tax Act, but he shall not remove any supports placed within a mine or any timbers or framework installed for the use and maintenance of any shafts or other approaches to any mine.

87(2)Where the lessee is not the owner of the surface, the ownership of any structure, equipment, machinery or other property placed or erected on the lease area by the lessee and remaining after the expiry of the period referred to in subsection (1) vests, subject to any agreement with the owner of the surface, in the Crown and may be sold, leased or otherwise disposed of by the Minister.

87(3)The ownership of any extracted mineral remaining after the expiry of the time referred to in subsection (1) remains in the Crown.

98(1)Subject to subsection (2), every person who obtains or takes minerals under the authority of a mining lease shall pay royalties to the Crown in accordance with the regulations.

98(2)A person shall not be liable to pay a royalty under this section in respect of minerals in relation to which he is liable to pay a tax under the Metallic Minerals Tax Act.

99(1)Royalties owing under this Act on coal are due and payable monthly on the twentieth day of each month, and all other royalties owing under this Act are due and payable quarterly on the twentieth day of January, April, July, and October in each year or, where that day is a holiday, on the first banking day next following that day.

99(2)Notwithstanding anything contained in this Act, the Lieutenant-Governor in Council may, whenever he considers it necessary for the better management of mines and minerals, suspend the requirement for any person to pay royalties under this Act for a period not exceeding ten years.

100(1)From and after the date on which the amount of any royalty, charge or rent under this Act or the regulations is to be paid by any person, the amount bears interest at the rate prescribed by regulation.

100(2)Subsection (1) applies notwithstanding that a certificate has been issued under subsection (5) and entered and recorded as a judgment of The Court of King’s Bench of New Brunswick.

100(3)The amount of any royalty, charge or rent authorized under this Act or the regulations together with interest thereon, that is due and unpaid by any person is a debt due to the Crown and may be recovered by action in the name of the Crown in any court of competent jurisdiction.

100(4)The court may in an action under subsection (3) make an order as to the costs of the action in favour of or against the Crown.

100(5)Notwithstanding subsection (3), when default has been made in payment of any royalty, charge or rent payable under this Act or the regulations, the Minister may so certify and may issue a certificate stating the amount due and payable including interest, if any, and the name of the person by whom the amount is payable.

100(6)A certificate referred to in subsection (5) may be issued

100(7)A certificate issued under subsection (5) may be filed in The Court of King’s Bench of New Brunswick and shall be entered and recorded in the Court and, when so entered and recorded, becomes a judgment of the Court and may be enforced as a judgment obtained in the Court by the Crown against the person named in the certificate for a debt of the amount specified in the certificate.

100(8)All reasonable costs and charges attendant upon the filing, entering and recording of the certificate shall be recovered in like manner as if the amount thereof had been included in the certificate.

101.1(1)On payment of the fee prescribed by regulation, the holder of a mineral claim or his or her agent may transfer the mineral claim or any interest in the mineral claim by registration in the registry.

101.1(2)The Recorder may at any time require a prospector, former prospector or their agent or former agent to produce for inspection the document authorizing a transfer or other instrument affecting the transfer of a mineral claim.

101.1(3)A prospector or former prospector to whom a request is made shall without delay produce the instrument requested under subsection (2).

102(1)Except as in this Act otherwise expressly provided, no transfer or assignment of, or agreement or other instrument affecting a mining lease shall be received by the Recorder and entered on the record unless

102(2)If an instrument referred to in subsection (1) is executed by an agent, there shall be filed with the instrument a written authorization to the agent to sign, and the execution of the authorization shall be verified by the affidavit or solemn declaration of a subscribing witness to the execution of the authorization.

102(3)Where, by an instrument made pursuant to section 177 of the Bank Act as enacted by section 2 of the Banks and Banking Law Revision Act, 1980, chapter 40 of the Statutes of Canada, 1980-81-82-83, a mineral claim or a mining lease or any interest therein is assigned, transferred or set over as security to a Canadian chartered bank by the holder of the mineral claim or mining lease or by a person having an interest therein, there shall be filed with the Recorder

106(1)If a mineral claim or mining lease or any interest therein is transferred in consequence of the death, bankruptcy or insolvency of any holder of a mineral claim or mining lease, or by any means other than a transfer referred to in subsection 102(1), the transfer shall be

106(2)If the transfer referred to in subsection (1) takes place by virtue of the bankruptcy or insolvency of any holder of a mineral claim or mining lease, the statement referred to in subsection (1) shall be accompanied by such evidence as may be receivable in court as proof of the title of persons claiming under any bankruptcy or insolvency, and if the transfer takes place by virtue of a testamentary instrument or by intestacy the statement shall be accompanied by the letters probate of the will or the letters of administration, or a copy thereof, that may be evidence admissible in court in proof of the transfer.

106(3)The Recorder, upon receipt of the statement and consent referred to in subsection (1), accompanied by the documents referred to in subsection (2), shall enter the name of the person entitled to the mineral claim or mining lease or interest therein under the transfer in the records as entitled thereto.

107(1)Every application for a mining lease and every other application and every transfer or assignment of a mining lease or of any interest in the mining lease shall have endorsed thereon the place of residence and post office address of the applicant, transferee or assignee and, when he or she is not a resident in New Brunswick, the name, residence and post office address of a person resident in New Brunswick on whom service may be effected.

107(2)The address given under this section shall be the address for service and, when not otherwise provided for by this Act, service may be made by forwarding by registered mail to such address.

107(3)No application, transfer or assignment of a mining lease shall be filed or recorded under this Act unless it complies with subsection (1).

107(4)Another person resident in New Brunswick may at any time be substituted as the person upon whom service may be effected by filing in the office of the Recorder a memorandum setting forth the name, residence, and post office address of the other person.

107(5)Service upon the person named under subsection (1) or (4) as the person upon whom service may be effected has the same effect as service upon the person whom he represents.

107(6)Subsection (5) applies to every notice, demand or proceeding in any way relating to a mining right.

108(1)A mineral claim or mining lease does not confer on the holder thereof any right of possession of land covered by the mineral claim or mining lease.

108(2)A mineral claim or mining lease does not confer on the holder thereof the right to move or use any sand, gravel, clay, soil, ordinary stone, peat or peat moss other than for geochemical analysis or to expose minerals for the purpose of mining or to carry out reclamation and rehabilitation of the environment.

108(3)A mineral claim or mining lease does not confer upon the holder thereof the right to take away from the land covered by the mineral claim or mining lease any substance that is not a mineral.

108(4)Every holder of a mineral claim or mining lease, every operator of a mine and every person employed in relation to a mineral claim, mining lease or mine shall use the land covered by the claim, lease or mine, and any contiguous land, in the manner least injurious to the owners and occupants of the land.

108(5)The holder of a mineral claim or mining lease shall not interfere with the operations of any licensee or lessee under the Bituminous Shale Act or the Oil and Natural Gas Act.

108(6)Where it appears that land covered by a mineral claim, mining lease or mine is being used for a purpose other than one authorized under this Act or the regulations, the Minister may direct the Board to hold a hearing.

108(7)Where, after notice to all persons interested and after hearing those who appear, the Board is satisfied that land is being used other than as authorized under this Act or the regulations, the Board may cancel the mineral claim or mining lease and upon such cancellation the land covered by the cancelled claim or lease is thereupon withdrawn from prospecting and registration of mineral claims until such time as the Recorder may set.

109(1)Subject to subsections (2), (3) to (3.5) and (5), a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or anyone acting on behalf of such person shall, before causing actual damage to or interference with the use and enjoyment of property other than Crown Lands,

109(2)Where personal contact has not been made with the owner of property but the prospector, holder of the mineral claim or mining lease, or operator of the mine, or a person acting on behalf of such person has

109(3)Where an agreement under paragraph (1)(c) has not been reached with the owner of property within sixty days after the personal contact referred to in paragraph (1)(a) is made, and where security is given under section 111, subsection (1) does not apply.

109(3.1)The Minister may require a person planning to do work referred to in subsection (1)

109(3.2)The factors to be considered by the Minister in deciding whether or not to require the submission of a reclamation program and security under subsection (3.1) include, but are not limited to, the following:

109(3.3)A person submitting a program under subsection (3.1) shall deliver a copy of the program to the owner of the property.

109(3.4)If submission of a program has been required under subsection (3.1), no person shall commence the planned work until sixty days after delivery of the copy of the program to the owner of the property.

109(3.5)Subsection (3.4) does not apply where the owner of the property consents in writing to an earlier commencement.

109(4)Notwithstanding any other provision of this section, a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or anyone acting on behalf of such person, shall not cause actual damage to or interference with the use and enjoyment of

109(5)Subsection (1) does not apply to a person engaged solely in the act of staking.

109(6)Unless the owner of property waives the requirements of this subsection a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or a person acting on behalf of such person, shall repeat the steps set out in subsections (1) to (3) and (3.3) to (3.5), as the case may be,

110(1)Subject to subsections (2), (2.1), (2.2) and (3), a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or anyone acting on behalf of such person shall, before causing actual damage to or interference with the use and enjoyment of Crown Lands,

110(2)The Minister may require a person planning to do work referred to in subsection (1)

110(2.1)The factors to be considered by the Minister in deciding to require the submission of a reclamation program and security under subsection (2) include, but are not limited to, the following:

110(2.2)If submission of a program and security is required under subsection (2), no person shall commence the planned work until

110(3)Subsection (1) does not apply to a person engaged solely in the act of staking, establishing grid lines or performing a geological, geophysical or geochemical survey.

110(4)Notwithstanding any other provision of this section, a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or anyone acting on behalf of such person, shall not erect any permanent camp, building or other structure on Crown Lands unless he has obtained a lease of the Crown Lands or a licence of occupation for the Crown Lands under the Crown Lands and Forests Act.

110(5)Notwithstanding any other provision of this section, a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or anyone acting on behalf of such person, shall not cause actual damage to or interference with the use and enjoyment of Crown Lands held under a lease under the Crown Lands and Forests Act without the consent of the lessee.

110(6)The rights conferred on a prospector, holder of a mineral claim or mining lease, party to an agreement under subsection 25(2) or operator of a mine are subject to the payment to a licensee, sublicensee or permittee under the Crown Lands and Forests Act of the value of their interest in any timber cut or damaged, and any disagreement between the prospector, holder of the mineral claim or mining lease, party to an agreement under subsection 25(2) or operator of the mine and the licensee, sublicensee or permittee in respect of quantity of timber or value of interest in the timber shall be determined by the Board.

110(7)Sections 13 and 113 apply with such changes as are necessary to a determination by the Board under subsection (6).

111(1)Security given under this section operates to compensate the owner or lessee for actual damage to or interference with the use and enjoyment of property caused by a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or by anyone acting on his behalf, prospecting, staking, mining or otherwise working land.

111(2)Security given under this section shall be in the form and amount required in accordance with the regulations and shall be deposited with the Recorder before prospecting, mining or other work on the land is undertaken by the holder of a prospecting licence, mineral claim or mining lease, by the operator of a mine or by a person acting on his behalf.

111.2(1)There is established a fund to be known as the Mine Reclamation Fund into which security shall be credited that is

111.2(2)The Minister of Finance and Treasury Board shall be the custodian of the Mine Reclamation Fund and the Mine Reclamation Fund shall be held in trust by the Minister of Finance and Treasury Board.

111.2(3)The Mine Reclamation Fund shall be held for the purposes of this section in a separate account in the Consolidated Fund.

111.2(4)Money received under subsection (1) shall be credited to the Mine Reclamation Fund in the name of the holder of the mining lease or the operator of the mine and shall earn interest at such rate as is determined by the Minister of Finance and Treasury Board.

111.2(5)The Minister of Finance and Treasury Board, on the recommendation of the Minister, may make payments from the Mine Reclamation Fund for the purpose of

112(1)Where an order is made by the Board under subsection 13(8) and the Recorder receives a certificate of non-payment in the form specified by the Minister to the effect that subsection 113(9) has not been complied with, and the security provided is negotiable, the Recorder shall negotiate the security and satisfy from the proceeds the amount ordered to be paid.

112(2)Where security is negotiated under this section the prospector, holder of the mineral claim or mining lease or operator of the mine shall deposit new security in accordance with section 111.

112.02(1)The only recourse available to the holder of a mineral claim who requires private land for the development of a mine or for any purpose connected with or incidental to that mine and is unable to reach an agreement with the owner for the acquisition of the private land is a vesting order issued under this Part by the Board, and the provisions of the Expropriation Act do not apply.

112.02(2)The Board shall, on application, hear and determine whether or not the private land should be vested in the applicant and if so, the Board shall determine the amount of compensation to be paid in accordance with this Part and not in accordance with the Expropriation Act.

112.03(1)If a holder of a mineral claim requires private land for the development of a mine or for any purpose connected with or incidental to that mine and no agreement can be reached with the owner for the acquisition of the private land, the holder of the mineral claim may apply to the Board for the issuance of a vesting order.

112.03(3)The holder of the mineral claim shall serve by personal service a copy of the application on the owner.

112.04(2)The Board shall set a date, time and place to hear the application and notify the applicant, the owner, the Recorder and any person who, in the opinion of the Board, is an interested person of the date, time and place of the hearing.

112.13(1)After hearing the application, the Board may

112.13(2)A vesting order shall contain:

112.16(1)In order for the vesting order to come into effect, the applicant shall submit the vesting order for registration

112.16(2)If the applicant fails to submit the vesting order for registration within the period referred to in subsection (1), the vesting order is null, void and of no effect and the applicant shall not apply for the issuance of another vesting order with respect to the private land.

112.18(1)A vesting order comes into effect on its registration in the registry office established under the Registry Act for the county in which the private land is located or in the land titles office established in the Land Titles Act for the district in which the private land is located, as the case may be.

112.18(2)On registration of a vesting order, the private land is vested in the applicant in fee simple, free and clear from all encumbrances, other than a right-of-way or easement for the conveyance, transmission or transportation of water, oil, gas, electricity or telecommunication or for the disposal of sewage or any other easement or right-of-way, however created, on, over or in respect of the private land.

112.18(3)A vesting order shall be deemed to be an instrument for the purposes of the Registry Act and the Land Titles Act.

112.18(4)Section 44 of the Registry Act and section 55 of the Land Titles Act do not apply to the registration of a vesting order.

112.2(1)The applicant is liable to pay the costs and expenses incurred by the owner and the Minister in relation to an application and a hearing under this Part.

112.2(2)The costs and expenses incurred by the owner and the Minister in relation to an application and a hearing under this Act include the following:

112.21(1)Before the hearing, the applicant shall, within the period determined by the Board, deposit security with the Board in the form and amount required by the Board and for which the Board considers appropriate for the payment of costs and expenses incurred by the owner and the Minister.

112.21(2)If the security deposited by the applicant is sufficient to reimburse the owner and the Minister for the costs and expenses incurred by them, the Board shall return to the applicant any amount provided as security for costs and expenses that is not required.

112.21(3)If the security deposited by the applicant is insufficient to reimburse the owner for the costs and expenses incurred by the owner, the Minister shall, without delay, reimburse the owner for those costs and expenses and the Minister may recover the amount of the reimbursement from the applicant in accordance with section 112.22.

112.22(1)If the security deposited by the applicant is insufficient to reimburse the Minister for the costs and expenses incurred by the Minister and the amount paid by the Minister under subsection 112.21(3), the Minister may send a registered letter to the applicant demanding payment within 30 days after the date the letter is sent.

112.22(2)If payment is not received within the period referred to in subsection (1), the Minister may issue a certificate stating

112.22(3)The certificate may be filed in the Court and shall be entered and recorded in the Court and, when so entered and recorded, becomes a judgment of the Court and may be enforced as a judgment obtained in the Court by the Minister against the applicant for a debt of the amount specified in the certificate.

112.22(4)All reasonable costs and charges attendant on the filing, entering and recording of the certificate shall be recovered as if the amount had been included in the certificate.

112.22(5)From the date on which an amount owed to the Minister under this Part is required to be paid, the amount bears interest at the rate prescribed in subsection 9(1) of New Brunswick Regulation 84-247 under the Revenue Administration Act.