Acts and Regulations

M-14.1 - Mining Act

Full text
Appeals
114(1)A party to any question, disagreement, matter or claim may, within 30 days after being notified of a decision or order of the Board under section 112.13 or subsection 113(8), as the case may be, apply by Notice of Application to a judge of The Court of King’s Bench of New Brunswick to review and set aside the order or decision on the grounds of any error of law or of jurisdiction.
114(2)The Notice of Application referred to in subsection (1) shall be served by the applicant on the other parties to the proceedings, and on the Board and the Recorder, in accordance with the Rules of Court.
114(3)On service under subsection (2), the Board shall deliver to the clerk of The Court of King’s Bench of New Brunswick for the judicial district in which the application is to be heard all documents in its possession relating to the application and a copy of the order or decision.
114(4)The judge hearing the application may receive such evidence, oral or written, as is relevant to support or repudiate any allegation contained in the application.
114(5)An application under subsection (1) stays the operation of the decision or order in respect of which the application is made.
114(6)After hearing the application, the judge may allow the application and set aside the decision or order or may dismiss the application or substitute the judge’s own decision or order for that of the Board.
114(7)When an application concerning a decision or order of the Board under subsection 113(8) is dismissed, the judge shall make an order establishing the date on which the decision or order of the Board is to be effective.
114(8)To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply in respect of an application made under subsection (1).
114(9)The Recorder shall not record a mineral claim and an application for a mining lease shall not be considered if 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 the subject of an application under this section.
2015, c.38, s.3; 2023, c.6, s.2
Appeals
114(1)A party to any question, disagreement, matter or claim may, within 30 days after being notified of a decision or order of the Mining Commissioner under section 112.13 or subsection 113(8), as the case may be, apply by Notice of Application to a judge of The Court of Queen’s Bench of New Brunswick to review and set aside the order or decision on the grounds of any error of law or of jurisdiction.
114(2)The Notice of Application referred to in subsection (1) shall be served by the applicant on the other parties to the proceedings, and on the Mining Commissioner and the Recorder, in accordance with the Rules of Court.
114(3)Upon service under subsection (2), the Mining Commissioner shall deliver to the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the application is to be heard all documents in his possession relating to the application and a copy of the order or decision.
114(4)The judge hearing the application may receive such evidence, oral or written, as is relevant to support or repudiate any allegation contained in the application.
114(5)An application under subsection (1) stays the operation of the decision or order in respect of which the application is made.
114(6)After hearing the application, the judge may allow the application and set aside the decision or order or may dismiss the application or substitute his own decision or order for that of the Mining Commissioner.
114(7)When an application concerning a decision or order of the Mining Commissioner under subsection 113(8) is dismissed, the judge shall make an order establishing the date on which the decision or order of the Mining Commissioner is to be effective.
114(8)To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply in respect of an application made under subsection (1).
114(9)The Recorder shall not record a mineral claim and an application for a mining lease shall not be considered if 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 the subject of an application under this section.
2015, c.38, s.3
Application by Notice of Application
114(1)A party to any question, disagreement, matter or claim may, within fifteen days after being notified of a decision or order of the Mining Commissioner, apply by Notice of Application to a judge of The Court of Queen’s Bench of New Brunswick to review and set aside the order or decision on the grounds that it was made
(a) without jurisdiction; or
(b) on the basis of an error of law.
Service of Notice of Application
114(2)The Notice of Application referred to in subsection (1) shall be served by the applicant on the other parties to the proceedings, and on the Mining Commissioner and the Recorder, in accordance with the Rules of Court.
Delivery of documents by Mining Commissioner
114(3)Upon service under subsection (2), the Mining Commissioner shall deliver to the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the application is to be heard all documents in his possession relating to the application and a copy of the order or decision.
Evidence
114(4)The judge hearing the application may receive such evidence, oral or written, as is relevant to support or repudiate any allegation contained in the application.
Application operates as stay
114(5)An application under subsection (1) stays the operation of the decision or order in respect of which the application is made.
Powers of judge
114(6)After hearing the application, the judge may allow the application and set aside the decision or order or may dismiss the application or substitute his own decision or order for that of the Mining Commissioner.
Effective date of order
114(7)Where an application under subsection (1) is dismissed, the judge shall make an order establishing the date on which the order or decision of the Mining Commissioner is to be effective.
Application of the Rules of Court
114(8)To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply in respect of an application made under subsection (1).
Effect on recording and consideration of mining leases
114(9)The Recorder shall not record a mineral claim and an application for a mining lease shall not be considered if 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 the subject of an application under this section.