Acts and Regulations

M-14.1 - Mining Act

Full text
Collection
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
(a) when directed by the Minister; or
(b) upon the expiration of thirty days after the sending of a registered letter demanding payment.
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.
2023, c.17, s.158
Collection
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 Queen’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 Her Majesty and may be recovered by action in Her Name 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 Her Majesty.
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
(a) when directed by the Minister; or
(b) upon the expiration of thirty days after the sending of a registered letter demanding payment.
100(7)A certificate issued under subsection (5) may be filed in The Court of Queen’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 Her Majesty 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.