Acts and Regulations

M-14.1 - Mining Act

Full text
Hearings
2023, c.6, s.2
113(1)Subject to other provisions of this Act respecting the manner of filing a notice of dispute, a person seeking redress with respect to any question, disagreement, matter or claim referred to in subsection 13(1), other than a matter concerning the acquisition of private lands under Part XII.1, may apply to the Board for an adjudication under this Part.
113(2)The Board shall notify all persons who are parties and all persons who the Board considers are affected and should be notified and the Recorder of an application under subsection (1).
113(3)Repealed: 2023, c.6, s.2
113(4)Repealed: 2023, c.6, s.2
113(5)Repealed: 2023, c.6, s.2
113(6)Despite any other provision of this section, the Board may, with the approval in writing of the parties, proceed to summarily hear the parties and may, with or without reasons, base its decision solely on that hearing in which case the Board’s decision shall be final.
113(7)Repealed: 2023, c.6, s.2
113(8)Repealed: 2023, c.6, s.2
113(9)Within thirty days after the date the decision was mailed or within such other time as may be specified by order of the Board in its decision, each of the parties shall comply with the decision of the Board and any orders made by the Board.
113(10)The Recorder shall not record a mineral claim and an application for a mining lease shall not be considered where the land covered by the mineral claim or in respect of which the application for a mining lease is made is at the time of the filing of the application to record or of the making of the application for the mining lease,
(a) the subject of an application before the Board; or
(b) the subject of a decision or order of the Board and the time within which an appeal from the decision or order may be made has not expired.
113(11)Repealed: 2023, c.6, s.2
113(12)When the Board is satisfied that a party has received notice of the hearing, the Board may proceed to conduct the hearing and make a determination in the absence of that party.
113(13)The Board may extend the time fixed for doing anything in relation to an application before him under this Act, whether or not the time fixed has expired, and he may abridge the time fixed for doing anything in relation to an application before him under this Act.
113(14)A copy of any order made by the Board 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 such against the person named therein.
113(15)All reasonable costs and charges attendant upon the filing, entering and recording of an order under subsection (14) shall be recovered in like manner as if the amount thereof had been included in the order.
2015, c.38, s.2; 2023, c.6, s.2
Hearings
113(1)Subject to other provisions of this Act respecting the manner of filing a notice of dispute, a person seeking redress with respect to any question, disagreement, matter or claim referred to in subsection 13(1), other than a matter concerning the acquisition of private lands under Part XII.1, may apply to the Mining Commissioner for an adjudication under this Part.
113(2)Upon receipt of an application under subsection (1), the Mining Commissioner shall immediately notify all persons who are parties to the question, disagreement, matter or claim, such other persons he considers are affected and should be notified, and the Recorder.
113(3)Any notice or direction given under this section may be sent by registered mail and a notice or direction so sent shall be deemed to have been received on the fifth day after mailing.
113(4)Prior to setting the date for a hearing, the Mining Commissioner shall direct the applicant to submit a statement of the facts and of the remedy, relief or decision sought, and that person shall, within ten days after receiving the direction, submit the statement to the Commissioner.
113(5)The Mining Commissioner shall, not later than fifteen days after
(a) receipt by him of the statement referred to in subsection (4), or
(b) the receipt by him of a notice of dispute forwarded to him under section 61,
set a date for a hearing which shall commence not later than sixty days after the receipt of the statement or the notice of dispute.
113(6)Notwithstanding any other provision of this Act, the Mining Commissioner may, with the approval in writing of the parties, proceed to summarily hear the parties and may, with or without holding a view, base his decision solely upon that hearing in which case his decision shall be final.
113(7)At a hearing under this section, the Mining Commissioner shall hear the parties and those heard shall be under oath but he shall not be bound by the rules of evidence and may inform himself in any manner he thinks fit.
113(8)Within sixty days after the completion of the hearing, the Mining Commissioner shall render a written decision together with reasons for the decision, and he shall forward by registered mail a copy of the decision and the reasons to each of the parties and to the Recorder.
113(9)Within thirty days after the date the decision was mailed or within such other time as may be specified by order of the Mining Commissioner in his decision, each of the parties shall comply with the decision of the Mining Commissioner and any orders made by him.
113(10)The Recorder shall not record a mineral claim and an application for a mining lease shall not be considered where the land covered by the mineral claim or in respect of which the application for a mining lease is made is at the time of the filing of the application to record or of the making of the application for the mining lease,
(a) the subject of an application before the Mining Commissioner; or
(b) the subject of a decision or order of the Mining Commissioner and the time within which an appeal from the decision or order may be made has not expired.
113(11)No proceeding before the Mining Commissioner is invalid by reason of any defect in form or of any technical irregularity.
113(12)Where the Mining Commissioner is satisfied that any party has received notice of the hearing, he may proceed to conduct the hearing and to make a determination in the absence of that party.
113(13)The Mining Commissioner may extend the time fixed for doing anything in relation to an application before him under this Act, whether or not the time fixed has expired, and he may abridge the time fixed for doing anything in relation to an application before him under this Act.
113(14)A copy of any order made by the Mining Commissioner 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 such against the person named therein.
113(15)All reasonable costs and charges attendant upon the filing, entering and recording of an order under subsection (14) shall be recovered in like manner as if the amount thereof had been included in the order.
2015, c.38, s.2
Application to Mining Commissioner for adjudication
113(1)Subject to other provisions of this Act respecting the manner of filing a notice of dispute, a person seeking redress with respect to any question, disagreement, matter or claim referred to in subsection 13(1) may apply to the Mining Commissioner for an adjudication.
Notice
113(2)Upon receipt of an application under subsection (1), the Mining Commissioner shall immediately notify all persons who are parties to the question, disagreement, matter or claim, such other persons he considers are affected and should be notified, and the Recorder.
Notice by registered mail
113(3)Any notice or direction given under this section may be sent by registered mail and a notice or direction so sent shall be deemed to have been received on the fifth day after mailing.
Statement
113(4)Prior to setting the date for a hearing, the Mining Commissioner shall direct the applicant to submit a statement of the facts and of the remedy, relief or decision sought, and that person shall, within ten days after receiving the direction, submit the statement to the Commissioner.
Date of hearing
113(5)The Mining Commissioner shall, not later than fifteen days after
(a) receipt by him of the statement referred to in subsection (4), or
(b) the receipt by him of a notice of dispute forwarded to him under section 61,
set a date for a hearing which shall commence not later than sixty days after the receipt of the statement or the notice of dispute.
Summary hearing
113(6)Notwithstanding any other provision of this Act, the Mining Commissioner may, with the approval in writing of the parties, proceed to summarily hear the parties and may, with or without holding a view, base his decision solely upon that hearing in which case his decision shall be final.
Evidence
113(7)At a hearing under this section, the Mining Commissioner shall hear the parties and those heard shall be under oath but he shall not be bound by the rules of evidence and may inform himself in any manner he thinks fit.
Decision
113(8)Within sixty days after the completion of the hearing, the Mining Commissioner shall render a written decision together with reasons for the decision, and he shall forward by registered mail a copy of the decision and the reasons to each of the parties and to the Recorder.
Compliance with decision of Mining Commissioner
113(9)Within thirty days after the date the decision was mailed or within such other time as may be specified by order of the Mining Commissioner in his decision, each of the parties shall comply with the decision of the Mining Commissioner and any orders made by him.
Effect of application on filing
113(10)The Recorder shall not record a mineral claim and an application for a mining lease shall not be considered where the land covered by the mineral claim or in respect of which the application for a mining lease is made is at the time of the filing of the application to record or of the making of the application for the mining lease,
(a) the subject of an application before the Mining Commissioner; or
(b) the subject of a decision or order of the Mining Commissioner and the time within which an appeal from the decision or order may be made has not expired.
Saving provision
113(11)No proceeding before the Mining Commissioner is invalid by reason of any defect in form or of any technical irregularity.
Hearing may be conducted in absence of party
113(12)Where the Mining Commissioner is satisfied that any party has received notice of the hearing, he may proceed to conduct the hearing and to make a determination in the absence of that party.
Extension and abridgement of time
113(13)The Mining Commissioner may extend the time fixed for doing anything in relation to an application before him under this Act, whether or not the time fixed has expired, and he may abridge the time fixed for doing anything in relation to an application before him under this Act.
Filing, entering and recording of order in The Court of Queen’s Bench
113(14)A copy of any order made by the Mining Commissioner 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 such against the person named therein.
Filing, entering and recording of order in The Court of Queen’s Bench
113(15)All reasonable costs and charges attendant upon the filing, entering and recording of an order under subsection (14) shall be recovered in like manner as if the amount thereof had been included in the order.