2(1)This Act and the regulations apply to minerals the ownership of which is vested in the Crown and to all mines, including mines when any or all of the mining is in relation to minerals the ownership of which is not vested in the Crown.

2(2)Nothing in this Act or the regulations exempts a person acting under this Act or the regulations from the application of the Forest Fires Act or the Fire Prevention Act.

2(3)Subject to sections 81 and 82, this Act supersedes the Expropriation Act.

3(1)The words “mines and minerals” in any grant by the Crown issued before or after the coming into force of this section include carbonate of lime, sulphate of lime and gypsum.

3(2)The following minerals that exist or that may be found in a natural state within the Province are declared to be and to have been at all times property separate from the soil, and ownership of those minerals is vested in the Crown:

3(3)In all grants in which mines and minerals have been or may be excepted and reserved to the Crown, those mines and minerals are property separate from the soil and constitute a property that is independent from that of the soil, and ownership of those mines and minerals is vested in the Crown.

6(1)The Minister may withdraw any land in the Province from prospecting and registration of mineral claims for all or certain minerals.

6(2) A notice of the land withdrawn under subsection (1) shall be given or published in the manner that the Minister directs.

6(3)Despite any other provision of this Act, land withdrawn from prospecting and registration of mineral claims under this section may be held or worked under an agreement with the Crown, and prospecting, registration of mineral claims, mining and production may be carried out on the land in the manner and on the terms and conditions provided by the Minister.

6(4)Without restricting the generality of subsection (3), an agreement under that subsection may contain provisions relating to the payment of royalties and to the processing, transportation and sale of minerals.

6(5)The Minister may reopen any land withdrawn under this section for prospecting and registration of mineral claims for all or certain minerals.

7(1)The Minister may designate persons from among persons employed under the Civil Service Act as officers for the purposes of this Act.

7(2)For the purpose of ensuring compliance with this Act and the regulations, an officer may, at any reasonable time,

9(1)The Minister may establish policies, standards and guidelines for the proper administration of this Act and the regulations.

9(2)The Regulations Act does not apply to policies, standards and guidelines established under subsection (1).

9(3)If there is a conflict between this Act or the regulations and any policy, standard or guideline established by the Minister, this Act and the regulations prevail.

9(4)The Minister may publish a policy, standard or guideline established under subsection (1) on the Department of Natural Resource’s website.

10(1)The Minister may enter into agreements with any organization, agency, person or Minister of the Crown or with the government of another province or territory of Canada, the Government of Canada or a foreign country or state if the Minister considers the agreements necessary or expedient for the administration of this Act.

10(2)Without limiting the generality of subsection (1), the Minister may

10(3)Despite subsections (1) and (2), the Minister shall only enter into a financial agreement under this section or amend to a financial agreement with the approval of the Lieutenant-Governor in Council.

11(1)Despite any other provision of this Act, the Minister may dispose of by tender or by other means all or part of a mineral claim or mining lease that has expired or that has been cancelled or surrendered under this Act.

11(2) A notice of the Minister’s intention to dispose of a mineral claim or mining lease shall be registered in the registry.

11(3)When a notice is registered under subsection (2), subsections 45(4) and 54(4), section 75, subsection 87(6) and subsections 103(2), (3) and (4) as they relate to lands being open for prospecting and registration of mineral claims do not apply.

12(1)On application accompanied by payment of the fee prescribed by regulation, if any, if the Minister is of the opinion that it is necessary to do so for the better management of minerals the ownership of which is vested in the Crown, the Minister may extend the time fixed or allowed for doing anything or taking any proceeding under this Act or the regulations and may require payment by the applicant to a person aggrieved by the extension of time.

12(2)Subject to subsection (3), an extension of time under subsection (1) may be granted even if the application for extension is made after the expiry of the time fixed or allowed.

12(3) An application for extension of time for the performance of required work shall be filed with the Minister at least 21 days before the date the work is required to be performed.

12(4)An extension of time under subsection (1) does not relieve the applicant from performing, in addition to the work for which the extension of time was granted, the minimum annual required work.

13(1)Subject to the regulations, the Minister may waive or reduce required work for the period of time the Minister determines.

13(2)A waiver or reduction of required work granted under subsection (1) does not relieve the applicant from performing the minimum annual required work.

19(1)The electronic mineral claims registry established by the Recorder under section 14.1 of the previous Act is continued.

19(2)The registry shall indicate the lands open for registration of mineral claims in the Province and is maintained for the registration of

19(3)The Recorder may, with respect to the registry,

20(1)Subject to subsections (3) and (4), any information required to be entered in or submitted to the registry shall be entered in or submitted in electronic form in the manner approved by the Recorder.

20(2)The Recorder shall enter in the registry in respect of a mineral claim a note of any order or decision affecting the mineral claim, giving the date of the order or decision and its effect and the date of entry.

20(3)The registration of a mineral claim or any change to a mineral claim referred to in section 41 may be submitted to the Recorder in paper format if

20(4)If the registration of the mineral claim or a change in the mineral claim is authorized to be submitted in paper format to the Recorder, the Recorder shall enter the information with respect to the registration into the registry.

20(5)Payment of any fees or deposits required to be submitted for the registration of a mineral claim or any change to a mineral claim referred to in section 41 shall be made in the manner and within the time established by the Recorder.

20(6)Unless approved by the Recorder, no person other than a prospector or their agent shall submit information to the registry for the purposes of registration of a mineral claim or any change to a mineral claim referred to in section 41.

20(7)The submission of information for the purposes of registration of a mineral claim or any change to a mineral claim referred to in section 41 is a certification by the person submitting the information that the person is authorized to do so.

21(1) The Recorder may

21(2)If the Recorder deletes or amends an entry in the registry, the Recorder shall, either before or after deleting or amending the entry, give notice to any affected person.

22(1)Despite any other provision of this Act, the Recorder may

22(2)The date referred to in paragraph (1)(b) shall be considered for all purposes to be the date on which the mineral claim or change to the mineral claim was received by the Recorder and registered in the registry.

27(1)The following persons may apply to the Recorder for a prospecting licence in the form and manner authorized by the Recorder:

27(2)A person who is applying for a prospecting licence shall

28(1)The Recorder, on being satisfied that the applicant has complied with all the requirements of this Act and the regulations in relation to an application for a prospecting licence, may issue to the applicant a prospecting licence.

28(2)A prospecting licence shall be signed by

28(3) A prospecting licence is valid for five years from the date the licence was issued.

28(4)The Recorder may, in accordance with the regulations, refuse to issue a prospecting licence.

30(1) The Recorder may at any time, in addition to any terms and conditions established by or in accordance with the regulations, make a prospecting licence subject to terms and conditions in relation to any matter the Recorder considers necessary for the purposes of this Act and the regulations.

30(2)Every holder of a prospecting licence shall comply with the terms and conditions of the licence.

31(1)The Recorder, on being satisfied that a prospector has complied with all the requirements of this Act and the regulations in relation to an application for a renewal of their prospecting licence, may renew the prospecting licence.

31(2)The Recorder may refuse to renew a prospecting licence in the circumstances prescribed by regulation.

31(3)On renewing a prospecting licence, the Recorder may, in addition to any terms and conditions established by or in accordance with the regulations, make a prospecting licence subject to terms and conditions in relation to any matter the Recorder considers necessary for the purposes of this Act and the regulations.

34(1)Subject to this Act, a prospector may

34(2) A prospector and the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working on land open to prospecting and registration of mineral claims are liable for actual damage to and interference with the use and enjoyment of property caused by the prospector and that person.

34(3)A prospector and the person on whose behalf the prospector is entering, and travelling across land not open to prospecting are liable for actual damage to and interference with the use and enjoyment of property caused by the prospector and that person.

35(1)A mineral claim shall

35(2)Subject to section 44, only one mineral claim may be registered with respect to a mineral claim unit.

35(3)The boundaries of a claim area extend downward vertically on all sides.

36(1) On payment of the fee prescribed by regulation, a prospector may register one or more mineral claims or a change to a mineral claim in the registry in accordance with the regulations.

36(2)Except as otherwise provided for in this Act, a mineral claim or a change to a mineral claim referred to in section 41 may be registered in the registry by an individual who is a prospector

36(3)On request of the Recorder, the registration of a mineral claim or change to a mineral claim referred to in section 41 shall include a work commitment deposit in the form and amount prescribed by regulation.

36(4)On confirmation of payment of the fee prescribed by regulation and, if applicable, the submission of the work commitment deposit, the mineral claim or change to the mineral claim is registered, and a statement confirming the registration shall be sent electronically to the prospector.

45(1)If the Recorder is satisfied that the holder of a mineral claim is not in compliance with a provision of this Act or the regulations, the Recorder may do one or more of the following:

45(2)If the holder does not comply with the order under paragraph (1)(b) within the period specified, the Recorder may cancel the mineral claim and notify the holder of the cancellation.

45(3)The holder of a mineral claim has 20 days after the date they are notified of the cancellation to request the Minister to reconsider the decision of the Recorder to cancel the mineral claim.

45(4)On the cancellation of a mineral claim under this section, the land covered by the mineral claim shall be withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.

46(1)Subject to this Act and the regulations, the registration of a mineral claim gives the holder of the mineral claim

46(2)The holder of a mineral claim is liable for actual damage to land and interference with the use and enjoyment of property caused by the holder or anyone acting on the holder’s behalf when in or on the claim area.

49(1)A holder of a mineral claim shall submit to the Recorder an assessment report of the required work performed in respect of the mineral claim, including a statement of the costs incurred, containing the information required by the Recorder for the period specified by the Recorder.

49(2)The mineral claim shall not expire because of any delay that may occur in the consideration of the assessment report under subsection (1) or in conducting an investigation on any ground considered necessary by the Recorder.

49(3)If the Recorder is satisfied that the required work has been properly performed and, if applicable, is satisfied that the holder of the mineral claim is in compliance with any condition prescribed by regulation, the Recorder shall notify the holder in writing to that effect and shall indicate the amount of any excess dollar value of work that has been credited toward required work that is prescribed by regulation.

51(1) The Recorder may review, in accordance with the regulations, the required work performed and completed by a holder of a mineral claim in any year to determine whether the required work was performed and completed in accordance with the regulations and with the standard progression sequence for the exploration or development of minerals established by regulation.

51(2)Following the review by the Recorder under subsection (1), if the Recorder determines that any required work was not performed or completed in accordance with regulations or the standard progression sequence for the exploration or development of minerals established by regulation, the Recorder may disallow all or any portion of that required work.

52(1) On payment of the fee prescribed by regulation, the holder of a mineral claim may group contiguous claims into one group of contiguous mineral claims by registration in the registry.

52(2)The date of registration of each mineral claim contained in a group of contiguous mineral claims grouped under this section is deemed to be the date of registration of the first registered mineral claim in the group.

52(3)A mineral claim unit may be separated from a mineral claim grouped under this section by registration in the registry only as a result of surrender, transfer, expiry or cancellation of the mineral claim unit.

54(1)When a mineral claim expires or is surrendered or cancelled under this Act, the former holder of the mineral claim may remove, within six months after the date of the expiry, surrender or cancellation, any structure, equipment, machinery or other property that the person may have placed or erected on the claim area.

54(2)When the holder of a mineral claim is not the owner of the surface rights to the land, the ownership of any structure, equipment, machinery or other property placed or erected on the claim area by the holder and remaining after the expiry of the period referred to in subsection (1) vests, subject to any agreement with the owner of the surface rights to the land, in the Crown and may be sold, leased or otherwise disposed of by the Minister.

54(3)When a mineral claim expires or is surrendered or cancelled, the former holder of the mineral claim continues to be liable for any obligation for which the person was liable under this Act or the regulations immediately before the expiry, surrender or cancellation.

54(4)On expiry or surrender of a mineral claim, the claim area is withdrawn from prospecting and registration of mineral claims for the number of days prescribed by regulation, and the former holder of the mineral claim, or anyone in that person’s name, shall not register any mineral claim unit that was included in the claim area of the expired or surrendered mineral claim before the number of days prescribed by regulation.

54(5)Despite subsection (4), on or before the time prescribed by regulation and on payment of the fee prescribed by regulation, the former holder of the mineral claim may request that the mineral claim be reinstated, and the Recorder may reinstate the mineral claim.

55(1)On payment of the fee prescribed by regulation and in accordance with the regulations, the holder of a mineral claim or their agent may transfer the mineral claim or any interest in the mineral claim by registration in the registry.

55(2)The holder of a mineral claim or their agent shall comply with any conditions respecting the transfer of the mineral claim or any interest in the mineral claim prescribed by regulation.

55(3)The Recorder may, by request, at any time require that a prospector, former prospector or their agent or former agent produce for inspection the document authorizing a transfer or other instrument affecting the transfer of a mineral claim.

55(4)A prospector or former prospector to whom a request is made shall without delay produce the instrument requested under subsection (3).

56(1)A regional survey shall be conducted in accordance with the regulations, and when conducted

56(2) A report of a regional survey shall be prepared in accordance with the regulations and submitted to the Recorder.

56(3)A regional survey may be credited towards the required work for the mineral claim or mining lease under subsection (1) if the report of the survey is submitted to the Recorder within the time prescribed by regulation.

57(1)All drill core and cuttings

57(2)If the drill core or cuttings are not being retained in accordance with paragraph (1)(a) or with any requirements prescribed by regulation, the Minister may take possession of the drill core or cuttings in the name of the Crown.

57(3)Within 30 days of receiving a request for approval under paragraph (1)(b), the Recorder shall approve or deny the request.

59(1)Any person intending to abandon, discard, dump, destroy or otherwise reduce the original technical value of any drill core or cuttings obtained by surface or underground drilling that are in their possession or stored with them for safekeeping, other than as authorized under section 58, shall notify the Recorder of that intention, and on receipt of the notification the Recorder shall

59(2)The actions taken by the Recorder under subsection (1) shall be at the expense of the Crown.

59(3)Section 58 does not apply when notice has been received by the Recorder under subsection (1) and the Recorder has not responded within six months after receiving the notice.

60(1)After a mineral claim or mining lease expires, is surrendered or is cancelled, or if the former holder of the mineral claim or mining lease does not comply with the provisions of this Part, the Minister may, in the Minister’s discretion, take possession of any drill core and cuttings

60(2) If the Minister takes possession of drill core or cuttings, the drill core and cuttings become the property of the Crown.

62(1)Subject to the regulations, a holder of a mineral claim or a group of contiguous mineral claims may apply to the Minister, on a form provided by the Minister, for a mining lease and shall provide the Minister with any document, information, fee or security prescribed by regulation within the time prescribed by regulation.

62(2)The Minister may, in addition to any terms and conditions prescribed by regulation, impose any requirement that the Minister considers appropriate to be met by the applicant before the application is granted.

62(3)On being satisfied that the applicant has complied with all the requirements of this Act and the regulations in relation to an application for a mining lease, the Minister shall grant the mining lease to the applicant.

62(4)A mining lease is subject to any requirement prescribed by regulation and any terms and conditions imposed by the Minister and the following terms and conditions:

62(5)The Recorder shall enter on the record of a mining lease or agreement under subsection 6(3) a note of any order or decision affecting the mining lease or agreement, giving the date of the order or decision and its effect and the date of entry.

63(1)The term of a mining lease shall be for

63(2)Subject to the requirements prescribed by regulation, a holder of a mining lease who wishes to apply for a renewal of their lease shall do so in accordance with the regulations at least six months before the expiry of the mining lease.

63(3)The Minister may refuse to renew a mining lease if, after investigation and reasonable inquiry, the Minister is satisfied that the holder has

64(1)A holder of a mining lease or a party to an agreement under subsection 6(3) shall not assign, transfer, set over or otherwise part with all or any of the rights granted under the mining lease or the agreement to any person without the written consent of the Minister.

64(2)The Minister may refuse to give consent under subsection (1) if, in the opinion of the Minister, it is in the public interest to do so.

65(1)Except as this Act otherwise expressly provides, the holder of a mining lease or their agent may transfer or assign the mining lease or any interest in the mining lease, in accordance with this Act and the regulations.

65(2)A transfer of a mining lease or of any interest in a mining lease shall be

65(3)The Recorder may at any time require a holder or former holder of a mining lease to produce for inspection the document authorizing a transfer or other instrument affecting the transfer of a mining lease.

65(4)A holder or former holder of a mining lease to whom a request is made shall without delay produce the document or other instrument requested.

65(5)No document authorizing a transfer of a mining lease or other instrument affecting the transfer of a mining lease shall be received by the Recorder and entered on the record unless it complies with the requirements and conditions established by regulation.

66(1)Subject to the terms and conditions of the mining lease, a mining lease gives the holder

66(2)Subject to the terms and conditions of a mining lease and the provisions of an exploration work permit, if applicable, the holder of a mining lease is liable for actual damage to or interference with the use and enjoyment of property caused by the holder or anyone acting on the holder’s behalf in or on the lease area.

67(1)In accordance with the regulations, every holder of a mining lease shall undertake and complete a program for the reclamation and rehabilitation of the environment affected by the mining operation and leave the environment in a condition satisfactory to the Minister.

67(2)A program for the reclamation and rehabilitation of the environment under subsection (1) shall be submitted for approval by the Minister within the time prescribed by regulation.

70(1)The holder of a mining lease shall immediately notify and provide to the Minister an explanation of the failure to carry out production, the reduction in production or the cessation of production when

70(2)When required to do so by the Minister at the time a mining lease is granted or at any time after, a holder of a mining lease shall process or further process in the Province or in another province or territory of Canada any minerals mined in the Province under the mining lease.

70(3)The Minister shall not require a holder of a mining lease to process or further process minerals in the Province or in another province or territory of Canada unless the Minister is satisfied that the holder of a mining lease is economically able to do so.

74(1)A holder of a mining lease may at any time surrender their mining lease by notice signed by the holder and filed together with the counterpart of the mining lease in the office of the Recorder.

74(2)If the counterpart of a mining lease has been lost or cannot be obtained, a statement verified by affidavit or solemn declaration to that effect made by the holder of the mining lease shall be filed in place of the counterpart.

76(1)When a mining lease expires or is surrendered or cancelled under this Act, the former holder of the mining lease may remove, within one year after the expiry, surrender or cancellation, any structure, equipment, machinery or other property that the person may have placed or erected on the lease area and may remove any minerals which the former holder may have extracted from the lease area and in relation to which the person has paid the royalty required under this Act or the tax required under the Metallic Minerals Tax Act, but the former holder shall not remove any supports placed within a mine or any timbers or framework installed for the use and maintenance of any shafts or other approaches to any mine.

76(2)When a holder of a mining lease is not the owner of the surface rights to the land, the ownership of any structure, equipment, machinery or other property placed or erected on the lease area by the holder of the mining lease and remaining after the expiry of the period referred to in subsection (1), subject to any agreement with the owner of the surface, vests in the Crown and may be sold, leased or otherwise disposed of by the Minister.

76(3)The ownership of any extracted mineral remaining on the lease area after the expiry of the period referred to in subsection (1) vests with the Crown.

78(1)On application by the holder of a mining lease to the Minister, and on payment of the fee prescribed by regulation, a mining lease may be reconverted into a mineral claim in the manner determined by the Minister.

78(2)When a mineral claim is created from a reconversion in accordance with subsection (1), the mineral claim shall be subject to any terms or conditions prescribed by regulation.

80(1)Subject to the regulations, the Minister may require the holder of a mining lease to conduct a lease area boundary survey.

80(2)A holder of the mining lease shall have a lease area boundary survey carried out in accordance with the Surveys Act by a land surveyor who is qualified under the laws of the Province.

81(1)When production of one or more minerals ceases for any reason for a consecutive period of five years or more during the term of a mining lease or an agreement under subsection 6(3), the Minister may, by order, require the holder or the party to the agreement to submit a report to determine the reasons for which production is not feasible.

81(2)Following a review of the report referred to in subsection (1), the Minister may, by order, do one or more of the following:

81(3) An order under this section shall be in writing and served on each person to whom the order is directed and is effective on service of the order.

81(4) A person who has been served with an order under this section shall comply with the order within the time, if any, specified in the order.

81(5)An order under this section may be subject to any terms and conditions imposed by the Minister.

81(6)Subject to an appeal to the appeal authority, when a mining lease or an agreement is cancelled under paragraph (2)(d) and the holder of the mining lease or party to the agreement is the owner of the surface rights,

82(1)The Minister may without prior notice or hearing, if in the Minister’s opinion the order is desirable for the protection of the strategic mineral supply chain, make one or more of the following orders:

82(2)Before making an order under subsection (1), the Minister shall consider the following factors:

82(3) An order under this section shall be in writing and served on each person to whom the order is directed and is effective on service of the order.

82(4) A person who has been served with an order under this section shall comply with the order within the time, if any, specified in the order.

82(5)When a mineral claim, mining lease or agreement under subsection 6(3) is cancelled under paragraph (1)(d) and the holder or party to the agreement is the owner of the surface rights,

82(6)An order under this section may be subject to any terms and conditions imposed by the Minister.

82(7)The Minister’s decision to make an order under this section is final and may not be questioned or reviewed in any court of competent jurisdiction.

86(1)Subject to subsections (2) and (3), every person who obtains or takes minerals under the authority of a mining lease shall pay royalties to the Crown in accordance with the regulations.

86(2)A person is not liable to pay a royalty under this section in respect of minerals in relation to which the person is liable to pay a tax under the Metallic Minerals Tax Act.

86(3)Royalties owing under this Act are due and payable on a date or dates prescribed by regulation.

86(4)When the Lieutenant-Governor in Council considers it necessary for the better management of mines and minerals and despite anything contained in this Act or the regulations, the Lieutenant-Governor in Council may suspend the requirement for any person to pay royalties under this Act for a period not exceeding 10 years.

87(1)A mineral claim or mining lease does not confer on the holder any right of possession of land covered by the mineral claim or mining lease.

87(2)A mineral claim or mining lease does not confer on the holder the right to move or use any sand, gravel, clay, soil, ordinary stone, peat or peat moss, other than for analysis or to expose minerals for the purpose of prospecting, mineral exploration or mining or to carry out reclamation and rehabilitation of the environment.

87(3)A mineral claim or mining lease does not confer on the holder the right to take away from the land covered by the mineral claim or mining lease any substance that is not a mineral.

87(4)A holder of a mineral claim or mining lease, an operator of a mine and a person employed in relation to a mineral claim, mining lease or mine shall use the land covered by the claim, lease or mine, and any contiguous land, in the manner least injurious to the owners and occupants of the land.

87(5)A holder of a mineral claim or mining lease shall not interfere with the operations of any licensee or lessee under the Bituminous Shale Act or the Oil and Natural Gas Act.

87(6)When it appears that land covered by a mineral claim, mining lease or mine is being used for a purpose other than one authorized under this Act or the regulations, the Minister may cancel the mineral claim or mining lease, and on cancellation the land covered by the cancelled claim or mining lease is withdrawn from prospecting and registration of mineral claims until the time set by the Minister.

89(1)A prospector, a holder of a mineral claim or mining lease or an operator of a mine, or an agent of any of them, may apply to the Minister for an exploration work permit.

89(2)A person referred to in subsection (1) who applies for an exploration work permit shall

90(1)The Minister, on being satisfied that the applicant has complied with all the requirements of this Act and the regulations in relation to an application for an exploration work permit, may issue to the applicant an exploration work permit.

90(2)The Minister may, in accordance with the regulations, refuse to issue an exploration work permit.

91(1)On issuing an exploration work permit, the Minister may, in addition to any terms and conditions established by or in accordance with the regulations, make the exploration work permit subject to terms and conditions in relation to

91(2)The Minister may at any time review a program for the reclamation and rehabilitation of the environment referred to in paragraph (1)(a) and may require the holder

91(3)If the holder of an exploration work permit is required to submit a program for the reclamation and rehabilitation of the environment referred to in paragraph (1)(a), the holder of the permit shall provide a copy of the program to the owner of the land as soon as circumstances permit and no planned work shall be commenced on the land before the period prescribed by regulation.

93(1)Despite any other provision of this Part, a prospector, a holder of a mineral claim or mining lease or an operator of a mine, or an agent of any of them, 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.

93(2)The rights conferred on a prospector, a holder of a mineral claim or mining lease, a party to an agreement under subsection 6(3) or an 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.

93(3)Any disagreement between the prospector, the holder of the mineral claim or mining lease, the party to an agreement under subsection 6(3) or the operator of the mine and the licensee, sublicensee or permittee under subsection (2) in respect of quantity of timber or value of interest in the timber shall be determined by the Minister.

94(1)The Minister may at any time require security in the forms and amounts the Minister considers appropriate in addition to the security required by or deposited under this Act or the regulations.

94(2)The Minister shall return security negotiated under this Act or the regulations to the depositor when a substitute security has been deposited or when the Minister has determined that the security is no longer required.

95(1)When the appeal authority determines that there has been actual damage to or interference with the use and enjoyment of property and the appeal authority has determined the compensation to be paid, the appeal authority may order a prospector, holder of a mineral claim, holder of a mining lease, party to an agreement under subsection 6(3) or operator of a mine to pay the amount payable to the person aggrieved.

95(2)When an order under subsection (1) is made by the appeal authority and the Recorder receives a certificate of non-payment from the Minister stating that the order has not been complied with within 30 days after the date the decision of the appeal authority was mailed or within the time specified in the order, and the security provided is negotiable, the Recorder shall negotiate the security and satisfy the amount ordered to be paid from the proceeds.

95(3)When security is negotiated under this section, the prospector, holder of the mineral claim or mining lease or operator of the mine shall deposit new security in accordance with this Act.

96(1)The fund called the Mine Reclamation Fund established under the previous Act is continued under this Act.

96(2)Security that is submitted by the holder of a mining lease or the operator of a mine, or an agent of any of them, shall

96(3)The Minister of Finance and Treasury Board shall be the custodian of the Mine Reclamation Fund, and the Mine Reclamation Fund shall be held in trust by the Minister of Finance and Treasury Board.

96(4)The Mine Reclamation Fund is held for the purposes of this section in a separate account in the Consolidated Fund.

96(5)Money received under subsection (2) shall be in the name of the holder of the mining lease or the operator of the mine, credited to the Mine Reclamation Fund and shall earn interest at the rate determined by the Minister of Finance and Treasury Board.

96(6)On the recommendation of the Minister, the Minister of Finance and Treasury Board may make payments from the Mine Reclamation Fund for the purpose of

97(1)If the holder of a mineral claim requires the acquisition of the private land for the development of a mine or for any purpose connected with or incidental to that mine and is unable to reach an agreement with the owner of the private land, the holder may apply to the appeal authority for a vesting order issued under this Part.

97(2)On application, the appeal authority shall hear and determine whether the private land should be vested in the applicant and, if the appeal authority determines that the land should be vested in the applicant, the appeal authority shall determine the amount of compensation to be paid in accordance with this Part.

97(3)The holder of the mineral claim shall serve by personal service a copy of the application on the owner.

102(1)The appeal authority has exclusive jurisdiction to hear and determine the following questions, disagreements, matters or claims:

102(2)No action lies and no other proceedings shall be taken in any court for 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 question, disagreement, matter or claim shall be determined by the appeal authority which may make any orders and give any directions that the appeal authority considers necessary to give effect to and enforce compliance with the appeal authority’s determinations, orders and directions.

103(1)In determining any question, disagreement, matter or claim, the appeal authority may order the alteration, cancellation or reinstatement of a mineral claim, mining lease or agreement under subsection 6(3) or the cancellation or reinstatement of a prospecting licence.

103(2) When a mining lease is ordered to be cancelled under subsection (1), the appeal authority shall advise the Recorder of the cancellation and the Recorder shall as soon as possible indicate on the record, if any, that the mining lease is cancelled and register in the registry 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.

103(3)When a mineral claim is ordered to be cancelled under subsection (1), the appeal authority 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.

103(4)When an agreement under subsection 6(3) is ordered to be cancelled under subsection (1), the appeal authority 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.

104(1)When the appeal authority has determined that there has been actual damage to or interference with the use and enjoyment of property and the appeal authority has determined the compensation to be paid, the appeal authority may order a prospector, holder of a mineral claim or mining lease, party to an agreement under subsection 6(3) or operator of a mine to pay the amount payable to the person aggrieved.

104(2)Despite any provision of the regulations, when a mineral claim, mining lease or agreement under subsection 6(3) was or is the subject of an application under section 107, the appeal authority may, in determining any question, disagreement, matter or claim referred to in this Act or in the regulations, make an order, on the terms the appeal authority considers appropriate, 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.

106(1)In hearing and determining any question, disagreement, matter or claim referred to in this Part, the appeal authority may order an officer to inspect a mine or the land covered by a mineral claim, mining lease or agreement under subsection 6(3), 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 6(3) has complied with this Act and the regulations.

106(2)A report of an inspection shall be made in writing by the officer making the inspection, and it shall be filed in the office of the Recorder.

106(3)The holder of the mineral claim or mining lease, the operator of the mine, a party to an agreement under subsection 6(3) 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.

107(1)A person seeking redress with respect to any question, disagreement, matter or claim, other than a matter concerning the acquisition of private land by a vesting order under Part 15, may apply to the appeal authority for an adjudication under this Part.

107(2)The appeal authority shall notify all persons who are parties, all persons who the appeal authority considers are affected and should be notified and the Recorder of an application under subsection (1).

107(3)Despite any other provision of this section, the appeal authority 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 appeal authority’s decision is final.

107(4)Within 30 days after the date the decision was mailed or within another time as may be specified by order of the appeal authority in its decision, each of the parties shall comply with the decision of the appeal authority and any orders made by the appeal authority.

107(5)The Recorder shall not record a mineral claim and shall not consider an application for a mining lease when 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,

107(6)When the appeal authority is satisfied that a party has received notice of the hearing, the appeal authority may proceed to conduct the hearing and make a determination in the absence of that party.

107(7)The appeal authority may extend the time for doing anything in relation to an application before the appeal authority under this Act, whether or not the time has expired, and may abridge the time for doing anything in relation to an application before the appeal authority under this Act.

107(8)A copy of any order made by the appeal authority may be filed in The Court of King’s Bench of New Brunswick and shall be entered and recorded in that court, and when entered and recorded, the order becomes a judgment of that court and may be enforced against the person named in the order.

107(9)Subject to the regulations, the appeal authority may hear and determine any question, disagreement, matter or claim arising out of the application of this Act and the regulations with or without conducting a hearing.

107(10)All reasonable costs and charges respecting the filing, entering and recording of an order under subsection (8) shall be recovered in the same manner as if the amount of those costs and charges had been included in the order.

108(1)A person aggrieved by an order or decision of the appeal authority may make an application for judicial review of the order or decision to The Court of King’s Bench of New Brunswick within 30 days after the order or decision is made.

108(2)An application for judicial review does not stay the operation of the order or decision of the appeal authority unless a judge of The Court of King’s Bench of New Brunswick orders otherwise, but the appeal authority itself may suspend the operation of the order or decision until the Court has rendered its decision.

109(1)Subject to the regulations and in accordance with the regulations, if the Minister is satisfied that a person has violated or failed to comply with this Act or the regulations, the Minister may impose an administrative penalty on the person by issuing a notice of administrative penalty.

109(2)A person referred to in subsection (1) who pays the administrative penalty shall be deemed to have contravened the provision of this Act or the regulations in respect of which the payment was made and shall not be charged with an offence in respect of the same incident that gave rise to the administrative penalty.

109(3)If a person referred to in subsection (1) does not pay the administrative penalty within 30 days of receiving the notice, the person may be charged with an offence under this Act or the regulations in respect of the same incident that gave rise to the administrative penalty.

109(4) Subject to subsection (3), a person charged with an offence under this Act or the regulations is not liable to an administrative penalty in respect of the same incident that gave rise to the charge.

109(5)The Province may sue for and recover an administrative penalty in an action in any court as if the amount were a debt.

111(1)No prospector, holder of a mineral claim or mining lease, party to an agreement under subsection 6(3) or operator of a mine, or an agent of any of them, shall without lawful authority interfere with mining on land covered by the mineral claim, mining lease or mine of any other holder of a mineral claim or mining lease or operator of a mine.

111(2)A person’s liability to prosecution for a violation of subsection (1) is in addition to any civil liability.

112(1)A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.

112(2)For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.

112(3)Subject to subsection (4), a person who violates or fails to comply with a provision of the regulations commits an offence that is punishable as a category C offence under Part 2 of the Provincial Offences Procedure Act.

112(4)A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

112(5)A person who breaches any terms or conditions of a mineral claim, mining lease, prospecting licence or exploration work permit issued or granted under this Act commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.

113(1)When a corporation commits an offence under this Act, any officer, director, employee or agent of that corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and commits the offence and on conviction is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

113(2)Nothing in subsection (1) relieves the corporation that committed an offence under this Act from liability for the offence.

113(3)In construing and enforcing this Act, the act, omission, neglect or failure of an officer, director, employee or agent of a corporation, acting within the scope of their employment or instructions, is the act, omission, neglect or failure of the corporation.

114(1)In any prosecution or other proceeding under this Act, a certificate purporting to be signed by the Recorder to the effect that any person has done any act prohibited by this Act or the regulations or failed to comply with a provision of this Act or the regulations is proof in the absence of evidence to the contrary of the Recorder’s appointment, authority or signature and is admissible in evidence and is proof of the facts stated in the certificate.

114(2)A certificate referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the certificate.

114(3)A person against whom a certificate referred to in subsection (1) is produced may, with leave of the court or the Minister, as the case may be, require the attendance of the Recorder for purposes of cross-examination.

117(1)In this section, “interest” includes a share, whether publicly traded or not, in a corporation or partnership that holds an interest in a mineral claim, a mining lease or a mine.

117(2)The Minister and a person who is appointed or employed under this Act or whose duties include the administration and enforcement of this Act and the regulations shall not

117(3)Every person convicted of an offence under subsection (2) forfeits their office or employment.

121(1)The Minister is responsible for the administration of this Act and may designate persons to act on the Minister’s behalf.

121(2)Subject to this Act, the Minister has the administration and control of all mines and all minerals, the ownership of which is vested in the Crown.

122(1)The Lieutenant-Governor in Council may make regulations

122(2)Regulations may vary for or be made in respect of different persons, licences, matters, activities or things or different classes or categories of persons, licences, matters, activities or things.

122(3)A regulation authorized by this section may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.

122(4)The Lieutenant-Governor in Council may declare that a regulation made under subsection (1) is not applicable with respect to a specified mineral claim, mining lease or mine for any period.