Conditions for granting mining leases
68(1)A holder of a recorded mineral claim or a group of contiguous recorded mineral claims may apply to the Minister for and obtain from him a mining lease if
(a)
each mineral claim in respect of which the application is made is in good standing under this Act and the applicant has demonstrated to the satisfaction of the Minister that each mineral claim is necessary for the planned mine or mines or is necessary to cover the extension of ore along the strike and down the dip;
(a.1)
the land to be covered by the lease shall consist of only whole mineral claim units located within the claim area of the mineral claim;
(b)
the applicant has proved to the satisfaction of the Minister that within the land to be covered by the lease the existence, extent and value of an orebody has been determined, and the applicant has made a decision to commence production;
(c)
the applicant has submitted to the Minister
(i)
a feasibility study report prepared in accordance with the regulations with respect to a feasibility study performed within the twelve months immediately preceding the application for the lease;
(ii)
the following information regarding every corporation holding an interest in any mineral claim in respect of which application is made:
(A)
a certificate of incorporation or a certified copy of the instrument of incorporation, and a certified copy of all supplementary instruments and of all by-laws of the corporation;
(B)
the names, residences, post office addresses and callings of the president, secretary, treasurer, directors and manager of the corporation;
(C)
the location of the head or registered office of the corporation, giving street and number where possible;
(D)
the location of the principal office of the corporation in the Province if the head or registered office is situated outside the Province;
(E)
the name, residence and post office address of the agent or manager in the Province who is authorized to represent the corporation and to accept service in all suits and proceedings against the corporation;
(F)
the date on which the last annual meeting of the corporation was held; and
(G)
such additional information as the Minister may require;
(iii)
such information as the Minister may require with respect to every partnership holding an interest in any mineral claim in respect of which application is made;
(iv)
proof to the satisfaction of the Minister that the applicant
(A)
is the owner of the land in respect of which the application is made,
(B)
has obtained a written agreement indicating that the owner of the land in respect of which the application is made
(I)
has received and reviewed a copy of the applicant’s program for protection, reclamation and rehabilitation of the environment as set out in the feasibility study report referred to in subparagraph (i) and approves the program, and
(II)
consents to the work being done on the land, or
(C)
has given security in accordance with section 111 and has delivered to the owner of the land in respect of which the application is made, at least sixty days before submission of the application, a copy of the applicant’s program for protection, reclamation and rehabilitation of the environment as set out in the feasibility study report referred to in subparagraph (i);
(iv.1)
if a written agreement referred to in clause (iv)(B) has been obtained, a copy of the agreement;
(v)
security conditioned for the payment of costs with respect to protection, reclamation and rehabilitation of the environment during and on discontinuance of mining, which security shall be in the form and amount required in accordance with the regulations;
(vi)
proof to the satisfaction of the Minister that the applicant has the right to all privately-owned minerals that he intends to mine;
(vii)
the fee payable, as prescribed by regulation, upon application for a mining lease; and
(viii)
the rent required by regulation for the first year of the mining lease;
(d)
for each mineral claim in respect of which the application is made the applicant has submitted to the Minister proof of the performance of the required work; and
(e)
subject to subsection (3), the boundaries of the land to be covered by the mining lease have been surveyed in accordance with sections 90 to 95, and a return of that survey has been approved by the Minister and filed with the Recorder.
68(2)Notwithstanding subsection (1), a mining lease shall not be granted until the Minister, having obtained the approval of the Minister of Environment and Climate Change and the Minister of Agriculture, Aquaculture and Fisheries insofar as the program may affect their responsibilities, has approved the applicant’s program for protection, reclamation and rehabilitation of the environment as set forth in the feasibility study report referred to in subparagraph (1)(
c)(i).
68(3)If all or part of the boundaries of the land to be covered by the mining lease have been previously surveyed and a return of that survey has been approved by the Recorder or the Director of Surveys and filed with the Recorder, another survey of those boundaries or that part of the boundaries is not required except
(a)
to replace any survey pin that is missing or damaged or to place properly any survey pin that has been disturbed, and
(b)
to re-mark the boundaries in accordance with the regulations.
68(4)Upon the commencement of the first term of a mining lease, all mineral claims in respect of which the application for the lease was made are replaced by the mining lease.
1986, c.8, s.76; 1987, c.36, s.2; 1989, c.25, s.6; 1989, c.55, s.33; 1996, c.25, s.22; 2000, c.26, s.191; 2006, c.16, s.112; 2007, c.10, s.58; 2009, c.35, s.49; 2010, c.31, s.83; 2012, c.39, s.90; 2017, c.63, s.36; 2019, c.2, s.91; 2020, c.25, s.72