Acts and Regulations

M-14.1 - Mining Act

Section 13
Disposition versions

Full text
Function and authority of Board
2023, c.6, s.2
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
(a) between prospectors, holders of mineral claims or mining leases or parties to an agreement under subsection 25(2) and the Recorder or other officers appointed by the Minister under this Act;
(b) between
(i) prospectors,
(ii) holders of mineral claims,
(iii) holders of mining leases,
(iv) parties to an agreement under subsection 25(2),
(v) prospectors and holders of mineral claims or mining leases or parties to an agreement under subsection 25(2),
(vi) holders of mineral claims and holders of mining leases or parties to an agreement under subsection 25(2), and
(vii) holders of mining leases and parties to an agreement under subsection 25(2);
(c) between prospectors, holders of mineral claims, holders of mining leases or parties to an agreement under subsection 25(2) and owners of surface rights;
(d) respecting applications for mining leases, the registration or transferring of mineral claims or the recording or transferring of mining leases or agreements under subsection 25(2);
(e) respecting the issuance of licences, certificates, mining leases or agreements under subsection 25(2), and the extension or renewal of mineral claims, mining leases or agreements under subsection 25(2);
(f) respecting the cancellation of prospecting licences, mineral claims, mining leases or agreements under subsection 25(2), including allegations of default of the terms or conditions of prospecting licences, mineral claims, mining leases or agreements under subsection 25(2), and whether any misrepresentation by applicants for such licences, mining leases or agreements under subsection 25(2) or by holders of mineral claims is material;
(g) respecting the boundaries of land covered by a mineral claim, mining lease or agreement under subsection 25(2);
(h) respecting, in connection with mining, the protection, reclamation and rehabilitation of the environment;
(i) respecting rights of entry;
(j) respecting security required to be given under this Act, including rights to refunds and amounts of refunds;
(k) respecting damage to or interference with the use and enjoyment of property arising out of activity carried on under this Act and including the determination of compensation;
(l) respecting non-compliance with this Act and the regulations by prospectors, holders of mineral claims, mining leases or parties of an agreement under subsection 25(2) or operators of mines;
(m) that the Board is required by other sections of this Act to hear or determine;
(n) jurisdiction over which the Lieutenant-Governor in Council may prescribe by regulation;
(o) respecting the rights, privileges, obligations or duties of prospectors, holders of mineral claims, mining leases or parties to an agreement under subsection 25(2) and operators of mines conferred or imposed under this Act and the regulations whether or not specifically referred to in paragraphs (a) to (n) of this subsection.
13(2)Repealed: 2023, c.6, s.2
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(10)Repealed: 2009, c.35, s.3
Costs
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.
2009, c.35, s.3; 2023, c.6, s.2
Function and authority of Mining Commissioner
13(1)Subject to this Act and the regulations, it is the function of the Mining Commissioner and the Mining Commissioner 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
(a) between prospectors, holders of mineral claims or holders of mining leases and the Recorder or other officers appointed by the Minister under this Act;
(b) between prospectors, between holders of mineral claims, between holders of mining leases, between prospectors and holders of mineral claims or mining leases or between holders of mineral claims and mining leases;
(c) between prospectors, holders of mineral claims or holders of mining leases and owners of surface rights;
(d) respecting applications for mining leases, the registration or transferring of mineral claims or the recording or transferring of mining leases;
(e) respecting the issuance of licences, certificates or mining leases, and the extension or renewal of mineral claims or mining leases;
(f) respecting the cancellation of prospecting licences, mineral claims or mining leases, including allegations of default of the terms or conditions of prospecting licences, mineral claims or mining leases, and whether any misrepresentation by applicants for such licences or mining leases or by holders of mineral claims is material;
(g) respecting the boundaries of land covered by a mineral claim or mining lease;
(h) respecting, in connection with mining, the protection, reclamation and rehabilitation of the environment;
(i) respecting rights of entry;
(j) respecting security required to be given under this Act, including rights to refunds and amounts of refunds;
(k) respecting damage to or interference with the use and enjoyment of property arising out of activity carried on under this Act and including the determination of compensation;
(l) respecting non-compliance with this Act and the regulations by prospectors, holders of mineral claims or mining leases or operators of mines;
(m) that the Mining Commissioner is required by other sections of this Act to hear or determine;
(n) jurisdiction over which the Lieutenant-Governor in Council may prescribe by regulation;
(o) respecting the rights, privileges, obligations or duties of prospectors, holders of mineral claims or mining leases and operators of mines conferred or imposed under this Act and the regulations whether or not specifically referred to in paragraphs (a) to (n) of this subsection.
13(2)For the purposes of this Act and the regulations, the Mining Commissioner has the powers, privileges and immunities of a commissioner under the Inquiries Act.
13(3)In hearing and determining any question, disagreement, matter or claim referred to in this section the Mining Commissioner 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.
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 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 Mining Commissioner may order the alteration, cancellation or reinstatement of a mineral claim or mining lease, or the cancellation or reinstatement of a prospecting licence.
13(7)Where a mining lease is ordered to be cancelled under subsection (6), the Mining Commissioner 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 Mining Commissioner 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(8)Where the Mining Commissioner has determined that there has been actual damage to or interference with the use and enjoyment of property and he has determined the compensation to be paid, he may order a prospector, a holder of a mineral claim or mining lease or an operator of a mine to pay the amount so determined to the person aggrieved.
13(9)Notwithstanding sections 56 and 71 or anything in the regulations, where a mineral claim or a mining lease was or is the subject of an application under section 113, the Mining Commissioner may, in determining any question, disagreement, matter or claim referred to in this section, make an order, upon such terms as he considers fit, relieving the holder of the mineral claim or mining lease from the performance of any or all of the required work.
13(10)Repealed: 2009, c.35, s.3
Costs
13(11)The Mining Commissioner 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 Mining Commissioner who may make such orders and give such directions as he considers necessary to make effectual and enforce compliance with his determinations, orders and directions.
2009, c.35, s.3
Function and authority of Mining Commissioner
13(1)Subject to this Act and the regulations, it is the function of the Mining Commissioner and the Mining Commissioner 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
(a) between prospectors, holders of mineral claims or holders of mining leases and the Recorder or other officers appointed by the Minister under this Act;
(b) between prospectors, between holders of mineral claims, between holders of mining leases, between prospectors and holders of mineral claims or mining leases or between holders of mineral claims and mining leases;
(c) between prospectors, holders of mineral claims or holders of mining leases and owners of surface rights;
(d) respecting applications for mining leases, the registration or transferring of mineral claims or the recording or transferring of mining leases;
(e) respecting the issuance of licences, certificates or mining leases, and the extension or renewal of mineral claims or mining leases;
(f) respecting the cancellation of prospecting licences, mineral claims or mining leases, including allegations of default of the terms or conditions of prospecting licences, mineral claims or mining leases, and whether any misrepresentation by applicants for such licences or mining leases or by holders of mineral claims is material;
(g) respecting the boundaries of land covered by a mineral claim or mining lease;
(h) respecting, in connection with mining, the protection, reclamation and rehabilitation of the environment;
(i) respecting rights of entry;
(j) respecting security required to be given under this Act, including rights to refunds and amounts of refunds;
(k) respecting damage to or interference with the use and enjoyment of property arising out of activity carried on under this Act and including the determination of compensation;
(l) respecting non-compliance with this Act and the regulations by prospectors, holders of mineral claims or mining leases or operators of mines;
(m) that the Mining Commissioner is required by other sections of this Act to hear or determine;
(n) jurisdiction over which the Lieutenant-Governor in Council may prescribe by regulation;
(o) respecting the rights, privileges, obligations or duties of prospectors, holders of mineral claims or mining leases and operators of mines conferred or imposed under this Act and the regulations whether or not specifically referred to in paragraphs (a) to (n) of this subsection.
Powers, privileges and immunities of Mining Commissioner
13(2)For the purposes of this Act and the regulations, the Mining Commissioner has the powers, privileges and immunities of a commissioner under the Inquiries Act.
Inspection ordered by Mining Commissioner
13(3)In hearing and determining any question, disagreement, matter or claim referred to in this section the Mining Commissioner 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.
Inspection ordered by Mining Commissioner
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.
Inspection ordered by Mining Commissioner
13(5)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.
Powers of Mining Commissioner respecting leases and licences
13(6)In determining any question, disagreement, matter or claim under this section, the Mining Commissioner may order the alteration, cancellation or reinstatement of a mineral claim or mining lease, or the cancellation or reinstatement of a prospecting licence.
Cancellation
13(7)Where a mining lease is ordered to be cancelled under subsection (6), the Mining Commissioner 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 Mining Commissioner 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.
Order to compensate
13(8)Where the Mining Commissioner has determined that there has been actual damage to or interference with the use and enjoyment of property and he has determined the compensation to be paid, he may order a prospector, a holder of a mineral claim or mining lease or an operator of a mine to pay the amount so determined to the person aggrieved.
Order respecting relief from required work
13(9)Notwithstanding sections 56 and 71 or anything in the regulations, where a mineral claim or a mining lease was or is the subject of an application under section 113, the Mining Commissioner may, in determining any question, disagreement, matter or claim referred to in this section, make an order, upon such terms as he considers fit, relieving the holder of the mineral claim or mining lease from the performance of any or all of the required work.
Repealed
13(10)Repealed: 2009, c.35, s.3
Costs
13(11)The Mining Commissioner may award costs on hearing and determining any question, disagreement, matter or claim referred to in this section.
Exclusive jurisdiction of Mining Commissioner
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 Mining Commissioner who may make such orders and give such directions as he considers necessary to make effectual and enforce compliance with his determinations, orders and directions.
2009, c.35, s.3
Function and authority of Mining Commissioner
13(1)Subject to this Act and the regulations, it is the function of the Mining Commissioner and the Mining Commissioner 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
(a) between prospectors, holders of mineral claims or holders of mining leases and the Recorder or other officers appointed by the Minister under this Act;
(b) between prospectors, between holders of mineral claims, between holders of mining leases, between prospectors and holders of mineral claims or mining leases or between holders of mineral claims and mining leases;
(c) between prospectors, holders of mineral claims or holders of mining leases and owners of surface rights;
(d) respecting applications for mining leases or the recording or transferring of mineral claims or mining leases;
(e) respecting the issuance of licences, certificates or mining leases, and the extension or renewal of mineral claims or mining leases;
(f) respecting the cancellation of prospecting licences, mineral claims or mining leases, including allegations of default of the terms or conditions of prospecting licences, mineral claims or mining leases, and whether any misrepresentation by applicants for such licences or mining leases or for recording mineral claims is material;
(g) respecting the boundaries of land covered by a mineral claim or mining lease or the manner and time of staking;
(h) respecting, in connection with mining, the protection, reclamation and rehabilitation of the environment;
(i) respecting rights of entry;
(j) respecting security required to be given under this Act, including rights to refunds and amounts of refunds;
(k) respecting damage to or interference with the use and enjoyment of property arising out of activity carried on under this Act and including the determination of compensation;
(l) respecting non-compliance with this Act and the regulations by prospectors, holders of mineral claims or mining leases or operators of mines;
(m) that the Mining Commissioner is required by other sections of this Act to hear or determine;
(n) jurisdiction over which the Lieutenant-Governor in Council may prescribe by regulation;
(o) respecting the rights, privileges, obligations or duties of prospectors, holders of mineral claims or mining leases and operators of mines conferred or imposed under this Act and the regulations whether or not specifically referred to in paragraphs (a) to (n) of this subsection.
Powers, privileges and immunities of Mining Commissioner
13(2)For the purposes of this Act and the regulations, the Mining Commissioner has the powers, privileges and immunities of a commissioner under the Inquiries Act.
Inspection ordered by Mining Commissioner
13(3)In hearing and determining any question, disagreement, matter or claim referred to in this section the Mining Commissioner 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.
Inspection ordered by Mining Commissioner
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.
Inspection ordered by Mining Commissioner
13(5)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.
Powers of Mining Commissioner respecting leases and licences
13(6)In determining any question, disagreement, matter or claim under this section, the Mining Commissioner may order the alteration, cancellation or reinstatement of a mineral claim or mining lease, or the cancellation or reinstatement of a prospecting licence.
Cancellation
13(7)Where a mineral claim or mining lease is cancelled under subsection (6), the Mining Commissioner shall so advise the Recorder who shall forthwith mark the record, if any, of the mineral claim or mining lease “Cancelled” and post in his office a notice of the cancellation and the land covered by the mineral claim or mining lease is thereupon withdrawn from prospecting and staking until such time as the Recorder may set.
Order to compensate
13(8)Where the Mining Commissioner has determined that there has been actual damage to or interference with the use and enjoyment of property and he has determined the compensation to be paid, he may order a prospector, a holder of a mineral claim or mining lease or an operator of a mine to pay the amount so determined to the person aggrieved.
Order respecting relief from required work
13(9)Notwithstanding sections 56 and 71 or anything in the regulations, where a mineral claim or a mining lease was or is the subject of an application under section 113, the Mining Commissioner may, in determining any question, disagreement, matter or claim referred to in this section, make an order, upon such terms as he considers fit, relieving the holder of the mineral claim or mining lease from the performance of any or all of the required work.
Order on substantial compliance
13(10)When he is satisfied that there is substantial compliance with the provisions of this Act, the Mining Commissioner may make an order directing the holder of a mineral claim or mining lease
(a) to move, remove or alter corner posts and witness posts and the writing or inscription thereon,
(b) to replace metal tags that have been destroyed or removed from corner posts, or
(c) to replace missing corner posts and witness posts and to affix tags to such posts,
and the Mining Commissioner shall set out in his order the time within which the work is to be completed and reported to him.
Costs
13(11)The Mining Commissioner may award costs on hearing and determining any question, disagreement, matter or claim referred to in this section.
Exclusive jurisdiction of Mining Commissioner
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 Mining Commissioner who may make such orders and give such directions as he considers necessary to make effectual and enforce compliance with his determinations, orders and directions.