Acts and Regulations

M-14.1 - Mining Act

Section 110
Disposition versions

Full text
Reclamation program, crown lands, consent of lessee, payments under the Crown Lands and Forests Act
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,
(a) submit to the Recorder a notice of the planned work in the form prescribed by regulation, and
(b) receive the permission of the Recorder to proceed.
110(2)The Minister may require a person planning to do work referred to in subsection (1)
(a) to submit a reclamation program in accordance with the regulations, and
(b) to submit security conditioned for the payment of costs with respect to protection, reclamation and rehabilitation of the environment during or on discontinuance of the planned work, which security shall be in the form and amount required in accordance with the regulations.
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:
(a) the type and amount of planned work;
(b) the nature and severity of the potential damage to the environment;
(c) the nature and current use being made of the property to be affected; and
(d) the anticipated cost of instituting and the nature of a program that would protect, reclaim and rehabilitate the environment.
110(2.2)If submission of a program and security is required under subsection (2), no person shall commence the planned work until
(a) the Minister approves the program in writing, and
(b) the Recorder receives the security.
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).
1989, c.25, s.8; 2005, c.1, s.5; 2023, c.6, s.2
Reclamation program, crown lands, consent of lessee, payments under the Crown Lands and Forests Act
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,
(a) submit to the Recorder a notice of the planned work in the form prescribed by regulation, and
(b) receive the permission of the Recorder to proceed.
110(2)The Minister may require a person planning to do work referred to in subsection (1)
(a) to submit a reclamation program in accordance with the regulations, and
(b) to submit security conditioned for the payment of costs with respect to protection, reclamation and rehabilitation of the environment during or on discontinuance of the planned work, which security shall be in the form and amount required in accordance with the regulations.
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:
(a) the type and amount of planned work;
(b) the nature and severity of the potential damage to the environment;
(c) the nature and current use being made of the property to be affected; and
(d) the anticipated cost of instituting and the nature of a program that would protect, reclaim and rehabilitate the environment.
110(2.2)If submission of a program and security is required under subsection (2), no person shall commence the planned work until
(a) the Minister approves the program in writing, and
(b) the Recorder receives the security.
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 upon a prospector, the holder of a mineral claim or mining lease or the operator of a mine are subject to the payment to a licensee, sub-licensee or permittee under the Crown Lands and Forests Act of the value of his interest in any timber cut or damaged, and any disagreement between the prospector, holder of the mineral claim or mining lease or operator of the mine and the licensee, sub-licensee or permittee in respect of quantity of timber or value of interest therein shall be determined by the Mining Commissioner.
110(7)Sections 13 and 113 apply with such changes as are necessary to a determination by the Mining Commissioner under subsection (6).
1989, c.25, s.8; 2005, c.1, s.5