Acts and Regulations

M-14.1 - Mining Act

Full text
Current to 1 January 2024
CHAPTER M-14.1
Mining Act
Assented to June 27, 1985
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
I
INTERPRETATION AND APPLICATION
Definitions
1In this Act
“Board” means the New Brunswick Energy and Utilities Board continued under section 3 of the Energy and Utilities Board Act;(Commission)
“boundary survey” means a survey to determine the boundaries of the land covered by a mining lease;(bornage)
“claim area” means the land covered by a mineral claim;(superficie d’un claim)
“Crown” means the Crown in right of the Province;(Couronne)
“Crown Lands” means all or any part of the lands vested in the Crown that are under the administration and control of the Minister and includes any water upon or under the surface of such lands;(terres de la Couronne)
“cultivated land” means(terre en culture)
(a) pasture fields seeded with cultivated grass,
(b) land on which planted crops are growing,
(c) land which is or which is usually prepared for the growing of planted crops,
(d) Christmas tree plantations,
(e) forest experimental lots,
(f) managed sugar bush stands, and
(g) orchards;
“Director of Surveys” means the Director of Surveys designated under subsection 3(1) of the Surveys Act;(directeur de l’arpentage)
“environment” means air, water or soil;(environnement)
“holder” means( titulaire)
(a) in relation to a mineral claim, a person whose name appears on the record for that claim in the registry as having an interest in the mineral claim, and
(b) in relation to a mining lease, a person whose name appears in the records of the Recorder as having an interest in the mining lease,
but does not include a person who has an interest in a mineral claim or a mining lease only for purposes of security for a debt;
“instrument” , unless the context otherwise requires, means, with respect to the registry, a document for which provision is made under this Act for submission in electronic format;(acte)
“lease area” means the land covered by a mining lease;(concession)
“lessee” , used in relation to a mining lease, means a holder of a mining lease;(concessionnaire)
“mine” includes(mine)
(a) any quarry, opening or excavation in, or working of, the ground for the purpose of mining,
(b) any orebody, mineral deposit, stratum, soil, rock, earth, clay, sand, gravel or place where mining has been, is or may be carried on, and
(c) any ways, works, machinery, plant, buildings, premises, stockpile, storage facility or waste dump below or above ground used for or in connection with mining;
“mineral” means any natural, solid, inorganic or fossilized organic substance and such other substances as are prescribed by regulation to be minerals, but does not include(minéral)
(a) sand, gravel, ordinary stone, clay or soil unless it is to be used for its chemical or special physical properties, or both, or where it is taken for contained minerals,
(b) ordinary stone used for building or construction,
(c) peat or peat moss,
(d) bituminous shale, oil shale, albertite or intimately associated substances or products derived therefrom,
(d.1) palaeontological objects,
(e) oil or natural gas, or
(f) such other substances as are prescribed by regulation not to be minerals;
“mineral claim” means a mineral claim registered or to be registered in the registry in accordance with this Act;(claim)
“mining” means searching for or obtaining a mineral or mineral-bearing substance by disturbing, removing, crushing, washing, sifting, concentrating, roasting, dissolving, leaching, smelting, refining, reducing or otherwise treating or dealing with soil, earth, rock, stone or other material whether or not the soil, earth, rock, stone or other material has been previously disturbed, removed, crushed, washed, sifted, concentrated, roasted, dissolved, leached, smelted, refined, reduced or otherwise treated or dealt with;(exploitation minière)
“Mining Commissioner” Repealed: 2023, c.6, s.2
“mining lease” means, except when used in section 125, a mining lease granted under section 68;(bail minier)
“Minister” means the Minister of Natural Resources and Energy Development and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“personal contact” means face-to-face contact;(communication personnelle)
“previous Act” means the Mining Act, chapter M-14 of the Revised Statutes, 1973, and the regulations thereunder;(loi antérieure)
“private land” means all land other than Crown Lands;(terres privées)
“production” means mining for the purposes of sale, barter or stockpiling;(production)
“prospecting” includes trenching, stripping and drilling and performing geological, geophysical and geochemical surveys;(prospection)
“prospecting licence” means a prospecting licence issued under section 29 and includes a substituted prospecting licence issued under section 33;(permis de prospection)
“prospector” means a holder of a prospecting licence;(prospecteur)
“Recorder” means the Recorder appointed under section 4 and includes any person to whom the Recorder, under subsection 14(2), has delegated powers and duties; (archiviste)
“regional survey” means a geological, geophysical or geochemical survey for minerals, whether ground or airborne, that is performed(levé régional)
(a) in relation to a mineral claim or mining lease but extends beyond the land covered by the mineral claim or mining lease, or
(b) on land open for prospecting and registration of mineral claims;
“registry” means the electronic mineral claims registry established and maintained by the Recorder under section 14.1;(registre)
“required work” means work required by this Act and the regulations;(travail requis)
“stake” Repealed: 2009, c.35, s.1
“staker” Repealed: 2009, c.35, s.1
“temporary housing” means a tent, trailer or other portable shelter.(logement temporaire)
1986, c.8, s.76; 1986, c.55, s.1; 1987, c.36, s.1; 1991, c.57, s.1; 2004, c.20, s.38; 2009, c.35, s.1; 2010, c.H-4.05, s.115; 2012, c.52, s.31; 2016, c.37, s.107; 2019, c.29, s.188; 2023, c.6, s.2; 2023, c.17, s.158
Interpretation
1.1(1)Notwithstanding the definition “mineral” contained in the previous Act, any predecessor of that Act or any other Act, in all grants within the Province in which mines and minerals have been or may be excepted and reserved to the Crown, all sand, gravel, clay and soil used or to be used for their chemical or special physical properties, or both, or taken for contained minerals, are minerals and are property separate from the soil and constitute a property that is independent from that of the soil, and ownership of such minerals is vested in the Crown.
1.1(2)Notwithstanding the definition “mineral” contained in the previous Act, any predecessor of that Act or any other Act, all sand, gravel, clay and soil taken from Crown Lands and used or to be used for their chemical or special physical properties, or both, or taken for contained minerals, are minerals.
1.1(3)Subsections (1) and (2) shall not be deemed to be or to involve a declaration that the law under this Act is different from the law as it was under the previous Act, any predecessor of that Act or any other Act.
1.1(4)Subsection (1) shall not be deemed to be nor to involve an expropriation within the meaning of the Expropriation Act.
1.1(5)This Act supersedes the Expropriation Act.
1.1(6)Notwithstanding any other provision in this Act, a person who, before May 18, 1986, worked any deposit of sand, gravel, clay or soil for the purpose of using it for its chemical or special physical properties, or both, or for its contained minerals, shall not hereafter be required to pay any royalty or rent with respect to the sand, gravel, clay or soil taken from the deposit for those purposes.
1986, c.55, s.2
Provision to add certainty to definition of mineral
1.2(1)For the purpose of greater certainty, the following are minerals for the purposes of this Act and the regulations:
(a) shale to be used in the making of brick, drainage tile, roof tile or other building materials;
(b) clay to be used in the making of brick, drainage tile, roof tile or other building materials; and
(c) limestone to be used in the making of cement.
1.2(2)Subsection (1) shall not be construed to limit the generality of the definition “mineral” in this Act.
1991, c.57, s.2
Application
2(1)This Act and the regulations apply to minerals the ownership of which is vested in the Crown and to all mines, including those where 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.
II
ADMINISTRATION
Minister
Administration
3(1)The Minister is responsible for the administration and enforcement of this Act and the regulations and may designate persons to act on his behalf.
3(2)Subject to this Act, the Minister has the administration and control of all mines and minerals the ownership of which is vested in the Crown.
Appointment of Recorder and other officers
4(1)The Minister shall appoint from among persons employed under the Civil Service Act a Recorder and such other officers as he may determine.
4(2)Notwithstanding the Civil Service Act, the Minister may employ for a specified term any person
(a) for a specialized service;
(b) to investigate the mineral resources, mineral claims, mining leases and mines of New Brunswick; or
(c) for any function in connection with this Act or the regulations.
Powers of Minister
5The Minister may, at any reasonable time,
(a) enter upon the land covered by a mineral claim or mining lease and into a mine for the purpose of making inspections and inquiries,
(b) inspect any mine, the land covered by a mineral claim or mining lease and any related operations and make inquiries in relation thereto,
(c) take samples and carry out tests or examinations in relation to a mineral claim, mining lease or mine,
(d) have access to and inspect all books, records and documents pertaining to a mineral claim, mining lease or mine, and
(e) enter upon private land and travel along private roads without being liable for trespass, in the absence of actual damage, or subject to tolls,
as is necessary to carry out his responsibilities under this Act and the regulations.
Minister may enter into agreements
6The Minister, with the approval of the Lieutenant-Governor in Council, may enter into and amend from time to time agreements with Canada, a provincial government or a person with respect to exploration for minerals, development or production of minerals or any other matter in relation to this Act or the regulations.
Disposal of registered mineral claim
7Notwithstanding 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 recorded mining lease that has expired or that has been cancelled or surrendered under this Act and, when the Minister posts a notice of his or her intention to do so in the office of the Recorder, subsections 13(7), 15(6), 60(4) and 84(4), section 86 and subsection 108(7) as they relate to lands being open for prospecting and registration of mineral claims do not apply.
2009, c.35, s.2
Extension of time by Minister
8Upon application accompanied by payment of the fee prescribed by regulation and upon good cause being shown, the Minister may, being 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, extend the time fixed or allowed for doing anything or taking any proceeding under this Act or the regulations and he may prescribe payment by the applicant to a person aggrieved by such extension of time.
1986, c.55, s.3
Application for extension of time
9(1)Subject to subsection (2), an extension of time under section 8 may be granted notwithstanding that the application for extension is made after the expiration of the time fixed or allowed.
9(2)An application for extension of time for the performance of required work shall be filed with the Minister at least twenty-one days before the date by which the work is required to be performed.
Extension respecting required work
10An extension of time under section 8 for the performance of required work 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.
Waiver or reduction of required work
11Notwithstanding any other provision of this Act or the regulations, the Minister may, upon submission of proof satisfactory to him that no further work is warranted at that time, waive or reduce required work in respect of a mineral claim or mining lease for such period of time as he may determine.
Mining Commissioner
Repealed: 2023, c.6, s.2
2023, c.6, s.2
Appointment of Mining Commissioner
Repealed: 2023, c.6, s.2
2023, c.6, s.2
12Repealed: 2023, c.6, s.2
2023, c.6, s.2
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
Recorder
Powers and duties of Recorder
14(1)The Recorder shall have an office at the city of Fredericton and shall have such other offices at other places in the Province as the Minister considers appropriate, and each such office shall be the office of the Recorder for the purposes of this Act and the regulations.
14(2)The Recorder may delegate all or certain of his powers and duties under this Act and the regulations to officers appointed under section 4.
14(3)The Recorder shall keep at the Fredericton office records submitted to the Recorder in respect of mining leases, agreements referred to in subsection 25(2), all instruments affecting mining leases and claim maps showing the location of land covered by mining leases.
14(4)Subject to this Act and the regulations, any claim map referred to in subsection (3) and any document filed in the Recorder’s office or submitted to the Recorder shall be open to public inspection during normal office hours and, on payment of the fee prescribed by regulation, the Recorder shall provide copies of the claim maps and documents or compilations of data from the claim maps or documents.
14(5)A document signed by the Recorder and purporting to be a copy of any of the following documents is admissible as evidence of the contents of the document before the Board and in any court in the Province without proof of the Recorder’s appointment, authority or signature:
(a) an instrument registered in the registry; or
(b) an instrument, claim map or other record recorded with the Recorder.
14(6)The Recorder shall enter in the registry in respect of a mineral claim or enter on the record of any mining lease or agreement under subsection 25(2) a note of any order or decision affecting the mineral claim, mining lease or agreement giving its date and effect and the date of entry.
2009, c.35, s.4; 2023, c.6, s.2
Mineral claims registry
14.1(1)The Recorder shall establish and maintain an electronic mineral claims registry for the purposes of the registration of mineral claims, changes to mineral claims and other mineral claim information.
14.1(2)The Recorder may, with respect to the registry,
(a) establish requirements for information that must be supplied to effect a registration and the format in which the information must be supplied and may make those requirements known electronically to users of the registry,
(b) establish rules, procedures and guidelines respecting the submission of information to effect registration,
(c) establish rules, procedures and guidelines governing searches of the registry, and
(d) establish any other requirement, rule, procedure or guideline in order to ensure the proper functioning of the registry.
14.1(3)The registry shall indicate the lands open for registration of mineral claims in the Province.
2009, c.35, s.5
Registration information
14.2(1)Any information required to be entered in or submitted to the registry shall be entered in or submitted by electronic means in the form and manner approved by the Recorder.
14.2(2)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 48.1 shall be made by electronic means in a manner and at a time established by the Recorder.
14.2(3) No person other than a prospector or his or her 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 48.1.
14.2(4)The submission of information for the purposes of registration of a mineral claim or any change to a mineral claim referred to in section 48.1 is a certification by the person submitting the information that he or she is authorized to do so.
2009, c.35, s.5
Registration in paper format
14.3(1)Notwithstanding any other provision of this Act, the registration of a mineral claim or any change to a mineral claim referred to in section 48.1 may be submitted to the Recorder for registration in paper format if
(a) the submission in paper format has been authorized by the Recorder,
(b) the submission in paper format is necessary to avoid great hardship or great injustice, and
(c) the integrity of the registry will be maintained.
14.3(2)If the registration of the mineral claim or the change in the mineral claim is authorized to be submitted in paper format, the Recorder shall enter the information with respect to the registration into the registry.
2009, c.35, s.5
Correcting an entry in registry
14.4(1)The Recorder may
(a) delete or amend an entry in the registry in order to correct any inconsistency, error or omission that is, in the opinion of the Recorder, of a minor or clerical nature, or
(b) delete or amend an entry in the registry if the information submitted to the registry does not comply with this Act or the regulations.
14.4(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.
2009, c.35, s.5
Suspending functions in registry
14.5(1)Notwithstanding any other provision of this Act, the Recorder may
(a) suspend one or more of the functions of the registry if the Recorder is satisfied that it is not practicable in the circumstances to provide those functions, and
(b) if the Recorder is satisfied that, but for a suspension under paragraph (a), a mineral claim or any change to a mineral claim referred to in section 48.1 would have been received on a date within the suspension period, the Recorder may date the mineral claim or change to the mineral claim or accept it as of that date.
14.5(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.
2009, c.35, s.5
Supporting evidence
14.6If a document or information for which registration in the registry is not required under this Act but which must be provided to the Recorder in support of registration, the document or information shall be in an electronic format approved by the Recorder.
2009, c.35, s.5
Information in registry prevails
14.7If there is a difference between the information in the registry and other information or another document, the information in the registry prevails.
2009, c.35, s.5
Interpretation Act does not apply
14.8 Paragraph 22(j) of the Interpretation Act does not apply to a time specified under this Act for doing something in the registry.
2009, c.35, s.5
Order to inspect, report of inspection, cancellation of claim
15(1)The Recorder 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.
15(2)A report of an inspection referred to in subsection (1) shall be made in writing by the officer making the inspection and shall be filed in the office of the Recorder.
15(3)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.
15(4)If under this section the Recorder has ordered an inspection of the land covered by a mineral claim and, based on the report of that inspection, the Recorder is satisfied that the holder of the mineral claim has not complied with this Act or the regulations, the Recorder shall cancel the claim, mark in the registry the claim is cancelled and immediately notify the holder of the mineral claim by registered letter of the cancellation.
15(5)An appeal from the cancellation of a mineral claim under this section may be taken by the holder of the mineral claim to the Board, but no such appeal shall be made more than twenty days after notification under subsection (4).
15(6)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.
2009, c.35, s.6; 2023, c.6, s.2
Repealed
16Repealed: 2009, c.35, s.7
2009, c.35, s.7
Approval of work of a kind not specified in the regulation as required work
17Notwithstanding any other provision of this Act or the regulations, the Recorder may authorize work of a kind not specified in the regulations as required work for the purposes of this Act and the regulations if he is satisfied that the work is a bona fide attempt to prove the existence, extent and value of a mineral deposit.
General
Confidentiality of information
18In addition to any information the confidentiality of which is protected by regulation, information obtained by the Minister, a person employed or appointed under this Act or by a person whose duties include the administration and enforcement of this Act and the regulations and that the Minister certifies
(a) should not in the public interest be divulged, or
(b) cannot be divulged without prejudice to the interests of persons to whom the information pertains,
is confidential.
Confidentiality and conflict of interest
19(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.
19(2)The Minister, 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
(a) directly or indirectly purchase or have an interest in a mineral claim, a mining lease or a mine in the Province; or
(b) disclose or make known, except for the purposes of the administration and enforcement of this Act and the regulations, any confidential information that comes to his knowledge by reason of his appointment, employment or duties, unless
(i) the owner of that information, or his authorized agent, has given permission for its disclosure, or
(ii) the period of confidentiality of that information, as provided by regulation, has expired.
19(3)Repealed: 2008, c.11, s.19
19(4)Every person convicted of an offence under subsection (2) forfeits his office or employment.
2008, c.11, s.19; 2008, c.29, s.4
Conflict with the Right to Information and Protection of Privacy Act
19.1If section 18 or subsection 19(2) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 18 or subsection 19(2), as the case may be, prevails.
2013, c.34, s.19
Oath of office
20Every person who is appointed or employed under this Act or whose duties include the administration and enforcement of this Act and the regulations shall, if required by the Minister, take and subscribe an oath or make and subscribe a solemn affirmation in the form specified by the Minister to abide by the provisions of subsection 19(2).
2009, c.35, s.8
III
OWNERSHIP AND ALLOCATION
OF MINERALS
Ownership of minerals vested in Crown
21All
(a) salt, common salt, rock salt and halite,
(b) sylvite, carnallite, langbeinite, kainite, kieserite and glauberite,
(c) salts of sodium, potassium and magnesium,
(d) sulphates, carbonates, nitrates, borates, borosilicates, fluorides and phosphates intimately associated with any mineral specified in paragraph (a), (b) or (c), and
(e) radioactive minerals,
existing or that may be found in a natural state within the Province, are hereby declared to be and to have been at all times prior hereto, property separate from the soil and ownership thereof is vested in the Crown.
Grants respecting mines and minerals
22In all grants in which mines and minerals have been or may be excepted and reserved to the Crown, such mines and minerals are property separate from the soil and constitute a property that is independent from that of the soil, and ownership of such mines and minerals is vested in the Crown.
Definition of “mines and minerals”
23The 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.
Land not open for prospecting and registration of mineral claims
24Subject to any other Act, all land in the Province is open for prospecting and registration of mineral claims with the following exceptions:
(a) land that is withdrawn from prospecting and registration of mineral claims under section 25; but, if the withdrawal is for or of certain minerals only, a prospector may prospect on the land for other minerals, subject to the terms of any agreement under section 25;
(b) land granted or conveyed by the Crown or the land the administration and control of which has been transferred by the Crown, under which grant, conveyance or transfer the minerals are vested in the grantee or transferee, unless the ownership of the minerals has subsequently been vested in the Crown; but, if the grant, conveyance or transfer is for certain minerals only, a prospector may prospect on the land for other minerals, subject to the terms of the grant, conveyance or transfer;
(c) land that is covered by a mineral claim or mining lease, a mining lease issued under the previous Act and continued under this Act or a mining right granted under the Ownership of Minerals Act; but, if that claim, right or lease is for certain minerals only, a prospector may prospect on the land for other minerals, unless the holder of the claim, right or lease notifies the prospector that the holder objects to such prospecting, in which case the prospector shall do no work until an agreement has been negotiated or the Board has made a determination;
(d) land that is an Indian reserve; and
(e) land that is withdrawn from prospecting and registration of mineral claims under subsection 13(7), 13(7.1), 15(6), 60(4) or 84(4), section 86 or subsection 108(7).
2009, c.35, s.9; 2023, c.6, s.2
Withdrawal of lands from prospecting and registration of mineral claims
25(1)The Lieutenant-Governor in Council may withdraw any land in the Province from prospecting and registration of mineral claims for all or certain minerals.
25(2)Land withdrawn from prospecting and registration of mineral claims under this section may, notwithstanding any other provision of this Act, be held or worked under an agreement with the Crown and prospecting, registration of mineral claims, mining and production may be carried on thereon in the manner and on the terms and conditions as may be provided by the Lieutenant-Governor in Council.
25(3)Without restricting the generality of subsection (2), an agreement under that subsection may contain provisions relating to the payment of royalties and to the processing, transportation and sale of minerals.
1986, c.55, s.4; 2009, c.35, s.10
Reopening of land for prospecting and registration of mineral claims
26The Lieutenant-Governor in Council may reopen for prospecting and registration of mineral claims for all or certain minerals any land withdrawn under section 25.
2009, c.35, s.11
Repealed
27Repealed: 2009, c.35, s.12
2003, c.P-19.01, s.38; 2009, c.35, s.12
IV
PROSPECTING LICENCES
Prohibition against prospecting without licence
28No person shall prospect for minerals or otherwise carry on mining unless he is the holder of a prospecting licence.
Application for prospecting licence
29(1)On payment of the fee prescribed by regulation, a natural person who is 19 years of age or older may apply to the Recorder, in the form and manner authorized by the Recorder, for a prospecting licence.
29(2)On payment of the fee prescribed by regulation, a corporation or partnership authorized under the laws of the Province to carry on business in the Province may apply to the Recorder, in the form and manner authorized by the Recorder, for a prospecting licence.
2009, c.35, s.13
Prospecting licences
30(1)A prospecting licence
(a) shall be numbered;
(b) takes effect on the date shown on it;
(c) is effective throughout the Province;
(d) is not transferable; and
(e) shall not be used for a purpose that is other than as intended under this Act.
30(2)A prospecting licence is not valid if it is not signed by
(a) the holder, if the holder is an individual;
(b) an authorized agent of the corporation, if the holder is a corporation; or
(c) a member of the partnership, if the holder is a partnership.
Repealed
31Repealed: 2009, c.35, s.14
2009, c.35, s.14
Repealed
32Repealed: 2009, c.35, s.15
2009, c.35, s.15
Replacement licence
33If a prospecting licence is lost, destroyed or damaged, a prospector may obtain a replacement licence from the registry.
2009, c.35, s.16
Requirement to produce and exhibit licence
34Upon demand, a prospector shall produce and exhibit his licence to
(a) an officer appointed under this Act;
(a.1) a conservation officer appointed under subsection 5.1(1) of the Crown Lands and Forests Act;
(b) a forest service officer appointed under subsection 5(1) of the Crown Lands and Forests Act;
(c) a peace officer; or
(d) an owner of surface rights to land upon which the prospector has entered or is about to enter.
2013, c.39, s.14
Rights of prospector respecting land open for prospecting and registration of mineral claims
35(1)Subject to sections 109 and 110, a prospector may enter, remain and travel on land open for prospecting and registration of mineral claims and may prospect and work on that land in accordance with this Act and the regulations and may have with him or her and use any vehicles, machinery, equipment, supplies, personnel and temporary housing as are necessary to prospect and work in accordance with this Act and the regulations; but the prospector and the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working are liable for actual damage to and interference with the use and enjoyment of property caused by the prospector entering, remaining, travelling, prospecting or working.
35(2)Subject to subsection (4), a prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working, shall remove temporary housing from the land open for prospecting and registration of mineral claims on or before the thirty-first day of December of the year in which the prospector placed or used the temporary housing on the land.
35(3)Before the first day of December, a prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working, may apply in writing to the Recorder for an exemption from the requirement under subsection (2).
35(4)The Recorder may grant an exemption to the prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working, from the requirement under subsection (2) for a maximum of 12 months if the Recorder is satisfied that the exemption is necessary in order to prospect or work in accordance with this Act and the regulations.
1991, c.57, s.3; 2009, c.35, s.17
Rights respecting access and exit
36Subject to sections 109 and 110, a prospector may, to gain access to or exit from land open for prospecting and registration of mineral claims for purposes of prospecting or working in accordance with this Act and the regulations, enter on and travel across land that is not open for prospecting and registration of mineral claims, and may have with him or her any vehicles, machinery, equipment, supplies, personnel and temporary housing as are necessary for prospecting and working in accordance with this Act and the regulations; but the prospector and the person on whose behalf the prospector is entering, travelling, prospecting or working are liable for actual damage to and interference with the use and enjoyment of property caused by the prospector entering on and travelling across the land.
2009, c.35, s.18
Cancellation of prospecting licence
37The Minister may cancel the prospecting licence of a prospector who, in the opinion of the Minister, violates any provision of this Act or the regulations and no licence shall thereafter be issued to that person without the authorization of the Minister.
V
MINERAL CLAIMS
Notification of Registration of a Mineral Claim
2009, c.35, s.19
Repealed
38Repealed: 2009, c.35, s.20
2009, c.35, s.20
Repealed
39Repealed: 2009, c.35, s.21
2009, c.35, s.21
Repealed
40Repealed: 2009, c.35, s.22
2009, c.35, s.22
Repealed
41Repealed: 2009, c.35, s.23
2009, c.35, s.23
Repealed
42Repealed: 2009, c.35, s.24
2009, c.35, s.24
Repealed
43Repealed: 2009, c.35, s.25
2009, c.35, s.25
Notification of registration of a mineral claim
44If a mineral claim is registered in the registry with respect to private land or on Crown Lands leased from the Crown under the Crown Lands and Forests Act, the holder of the claim, or the holder’s agent, shall as soon as possible after registration of the mineral claim make every reasonable effort to notify the owner of the private land or the lessee of the Crown Lands of the registration of the mineral claim.
2009, c.35, s.26
Registration of Mineral Claims for the Crown
2009, c.35, s.27
Registration of mineral claims for the Crown
45Every person who is appointed or employed under this Act or whose duties include the administration and enforcement of this Act and who discovers a valuable mineral on any land open for prospecting and registration of mineral claims shall inform the Recorder who shall, if the Recorder considers it advisable, register in the name of the Crown sufficient mineral claims as in the opinion of the Recorder are considered necessary to encompass the mineralized area.
2009, c.35, s.28
Repealed
46Repealed: 2009, c.35, s.29
2009, c.35, s.29
Status of mineral claims registered in the name of the Crown
47Notwithstanding any provision of this Act, a mineral claim registered in the name of the Crown remains in good standing at the discretion of the Minister, may be disposed of by the Minister at a price and under the terms and conditions as may be fixed by the Lieutenant-Governor in Council and may be surrendered by the Minister in accordance with this Act.
2009, c.35, s.30
Registration of Mineral Claims and Changes to Mineral Claims
2009, c.35, s.31
Registration of mineral claims and changes to mineral claims
48(1)A prospector who wishes to register a mineral claim in the registry or make any change to a mineral claim referred to in section 48.1 shall do so by entering the particulars of the mineral claim or change to the mineral claim in the registry.
48(2)Except as otherwise provided for in this Act, a mineral claim or a change to a mineral claim referred to in section 48.1 may be registered in the register by a natural person who is a prospector
(a) in the name of the prospector, or
(b) in the name of another individual who holds a prospecting licence, or of a corporation or partnership that holds a prospecting licence.
48(3)Subject to the Act and the regulations, any number of mineral claims may be registered in the registry under a prospecting licence.
48(4)The registration of a mineral claim shall include the fee prescribed by regulation and, if applicable, the work commitment security deposit and, if applicable, any change to the mineral claim referred to in section 48.1 shall include the fee prescribed by regulation.
48(5)A prospector who wishes to register a mineral claim or register any change to the mineral claim referred to in section 48.1 shall provide evidence of his or her identity or authorization to register the mineral claim or change to the mineral claim.
48(6)On confirmation of payment of the fee and, if applicable, the work commitment security deposit, as recorded by the registry, the mineral claim or change to the mineral claim is registered and a statement confirming the registration of the mineral claim or change to the mineral claim shall be sent electronically to the prospector.
48(7)A prospector who registers a mineral claim or any change to the mineral claim referred to in section 48.1 shall not cancel, withdraw in any way retract or reverse payment of any fee or, if applicable, the work commitment security deposit without approval of the Recorder.
1986, c.55, s.5; 2009, c.35, s.32
Changes to mineral claims
48.1The following changes to a mineral claim are not effective until registered in the registry:
(a) to reduce a claim area under section 48.3;
(b) to renew a mineral claim under section 55;
(c) to group 2 or more mineral claims or groups into one group of contiguous mineral claims under section 58.1;
(d) to surrender a mineral claim under section 59;
(e) to transfer a mineral claim or any interest in a mineral claim under section 101.1; and
(f) any other kind of change specified in the regulations for the purposes of this section.
2009, c.35, s.33
Description of mineral claims and mineral claim units
48.2(1)A mineral claim shall
(a) have a claim area of not less than one mineral claim unit and no more than 256 mineral claim units, and
(b) be described in the registry in accordance with the New Brunswick Mineral and Petroleum Grid established in the regulations and referenced to UTM grid coordinates expressed in the North America Datum of 1983 (NAD83) (CSRS).
48.2(2)Only one mineral claim may be registered with respect to a mineral claim unit.
48.2(3)The boundaries of a claim area extend downward vertically on all sides.
2009, c.35, s.33
Reduction in claim area
48.3The holder of a mineral claim may reduce the claim area by registration in the registry.
2009, c.35, s.33
Validity and priority of ground staked mineral claims
48.4(1)The following definitions apply in this section and sections 48.5 to 48.8.
“ground staked mineral claim” means a mineral claim recorded under this Act, held under a prospecting licence and marked out on the ground before the commencement of this section, in accordance with the provisions of this Act as they read immediately before the commencement of this section.(claim jalonné au sol )
“map staked mineral claim” means a mineral claim registered or to be registered in the electronic mineral claims registry referred to under section 14.1 of this Act. (claim jalonné sur carte)
48.4(2)A ground staked mineral claim recorded with the Recorder before the commencement of this section continues until expiry, surrender or cancellation or until converted to a lease or to a map staked mineral claim.
48.4(3)A holder of a ground staked mineral claim may renew the mineral claim subject to this Act and the regulations as they read immediately before the commencement of this section.
48.4(4)The inclusion of part of a ground staked mineral claim in an area in which the location or recording of that part is prohibited under this Act does not affect the validity of the location of the remainder of the claim and the location of any post does not invalidate the claim.
48.4(5)The date and time of completion of staking of the ground staked mineral claim marked on a claim post in accordance with the regulations as they read immediately before the commencement of this section determines the priority of ground staked mineral claims.
48.4(6) The identification of a ground staked mineral claim shall be made by a map approved for that purpose by the Recorder but, if there is a conflict between the identification of a ground staked mineral claim as determined by that map and the identification of the claim determined by stakes, marks or posts, the identification as determined by the stakes, marks or posts prevails.
48.4(7)If the Recorder is satisfied that there is substantial compliance with the provisions of this section or sections 48.7 and 48.8 with respect to staking of the mineral claim, the Recorder may direct the holder of a mineral claim
(a) to move, remove or alter corner posts and witness posts and the writing or inscription on the posts,
(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 the posts.
2009, c.35, s.33
Extension of title over mineral claim unit on expiry or surrender of ground staked mineral claims
48.5On the expiry, surrender or cancellation of a ground staked mineral claim that applies to only part of a mineral claim unit within the claim area, any other ground staked mineral claim over the remaining part of that mineral claim unit is extended to apply to the whole claim unit.
2009, c.35, s.33
Agreements under subsection 25(2)
48.6(1)Any agreement referred to in subsection 25(2) approved by the Lieutenant-Governor in Council after June 26, 2008, and before the commencement of this section shall be deemed to have been validly entered into and is confirmed and ratified.
48.6(2)Any claim acquired or granted in relation to the minerals referred to in an agreement referred to in subsection (1) shall be deemed to be a map staked mineral claim.
2009, c.35, s.33
Voluntary conversion of ground staked mineral claims
48.7(1)The holder of a ground staked mineral claim or a group of ground staked mineral claims that are contiguous may apply to the Recorder to convert the ground staked mineral claim or group of ground staked claims to a map staked mineral claim.
48.7(2)An application under this section shall be made in writing to the Recorder before the expiration of the term of the ground staked mineral claim or the group of ground staked mineral claims.
48.7(3)In respect of an application under this section, the Recorder shall determine
(a) the mineral claim units that make up the map staked mineral claim,
(b) the claim area that makes up the map staked mineral claim, and
(c) any other information required in order to effect conversion and to enter the map staked mineral claim in the registry.
48.7(4)Subject to this section, the Recorder may change or modify the boundaries of the ground staked mineral claim or the group of ground staked mineral claims that are contiguous, or any other aspects of the claim being converted under this section, in order to effect the conversion.
48.7(5)The Recorder may, in the Recorder’s discretion, grant to the holder of the ground staked mineral claim or group of mineral claims being converted under this section up to 2 additional mineral claim units abutting the mineral claim units that surround the perimeter of the claim area of the ground staked claim
(a) in order to compensate for any loss of area in the process of conversion, and
(b) to eliminate any fraction or gore.
48.7(6)If the additional mineral claim units granted under subsection (5) are located on private land or on Crown Lands leased from the Crown under the Crown Lands and Forests Act, the Recorder shall notify the owner of the private land or the lessee of the Crown Lands of the additional mineral claim units granted.
48.7(7)The land covered by the map staked mineral claim that has been converted under this section shall, as far as practicable, be substantially similar to the land covered by the ground staked mineral claim.
48.7(8)If the Recorder approves an application under this section, the Recorder shall register the map staked mineral claim in the registry and
(a) the rights under the ground staked mineral claim or group of ground staked mineral claims, as the case may be, are continued under the map staked mineral claim,
(b) the applicant is the registered holder of the map staked mineral claim, and
(c) the ground staked mineral claim, or the group of ground staked mineral claims that are contiguous, as the case may be, is cancelled.
2009, c.35, s.33
Mandatory conversion of ground staked mineral claims
48.8(1)The Recorder shall, within 90 days after the commencement of this section, convert all ground staked mineral claims to map staked mineral claims and register in the registry the map staked mineral claims in accordance with this section and any regulations.
48.8(2)In respect of each ground staked mineral claim that is to be converted under this section, the Recorder shall determine
(a) the mineral claim units that make up the map staked mineral claim,
(b) the claim area that makes up the map staked mineral claim,
(c) any other information required in order to effect conversion and to enter the map staked mineral claim in the registry.
48.8(3)Subject to this section, the Recorder may change or modify the boundaries of the ground staked mineral claim or any other aspects of the claim being converted under this section in order to effect the conversion.
48.8(4)If the claim area of any ground staked mineral claim to be converted under this section consists of one or more whole mineral claim units, the whole mineral claim unit or units shall be included in the claim area of the converted map staked mineral claim.
48.8(5)If the claim area of any ground staked mineral claim to be converted under this section consists of a portion of any mineral claim unit or units, the whole mineral claim unit or units shall be included in the claim area of the converted map staked mineral claim, unless another holder of a ground staked mineral claim holds a claim over a portion of the same mineral claim unit.
48.8(6)If another holder of a ground staked mineral claim holds a claim over a portion of the same mineral claim unit of a ground staked mineral claim to be converted under this section, the claim area of the ground staked mineral claim being converted shall be identified in the same manner as under subsection 48.4(6).
48.8(7)The land covered by the map staked mineral claim that has been converted under this section shall, as far as practicable, be substantially similar to the land covered by the ground staked mineral claim.
48.8(8)With respect to a map staked mineral claim converted under this section,
(a) the rights under the converted ground staked mineral claim are continued under the map staked mineral claim, and
(b) the ground staked mineral claim is cancelled.
48.8(9)If a notice of dispute has not been filed with the Board within 30 days after the registration of the map staked mineral claim, a map staked mineral claim converted under this section shall be deemed to be a map staked mineral claim registered in the registry under this Act with a registration date the same as the recording date of the converted ground staked mineral claim.
48.8(10)No action, application or other proceeding lies against the Minister or the Crown in right of the Province as a result of the enactment of this section or the exercise of a function under this section.
2009, c.35, s.33; 2023, c.6, s.2
Repealed
49Repealed: 2009, c.35, s.34
2009, c.35, s.34
Deemed to be properly registered
50Subject to the holder of the mineral claim, or his or her agent, having complied with section 44 and except as expressly provided by this Act, a mineral claim against which a notice of dispute has not been filed within 60 days after the registration of the claim shall, in the absence of fraud, be deemed to have been properly registered, and the mineral claim shall not be liable to impeachment, dispute or cancellation.
1986, c.55, s.6; 2009, c.35, s.35
Priority of mineral claims
51The priority of mineral claims is based on the date and time of confirmation of registration as recorded by the registry under subsection 48(6).
2009, c.35, s.36
Cancellation of mineral claim in certain circumstances
52(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:
(a) notify the holder of the provision of the Act or regulations that the Recorder considers is not being complied with, and
(b) order, in writing, the holder to comply with the provision within a period specified in a notice.
52(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.
52(3)An appeal from the cancellation of a mineral claim under this section may be taken by the holder of the mineral claim to the Board, but no such appeal shall be made more than 20 days after receiving the notice under paragraph (1)(b).
52(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.
2009, c.35, s.37; 2023, c.6, s.2
Terms and Conditions of Mineral Claims
Rights and liabilities of holders of mineral claims
53(1)The registration of a mineral claim gives the holder of the mineral claim
(a) subject to sections 109 and 110, the right of free access by any reasonable means to and over and exit from the claim area; and
(b) subject to this Act and the regulations, the exclusive right to prospect for minerals and carry on mining in or on the claim area and to remove minerals from the claim area for purposes of sampling and testing.
53(2)The holder of a mineral claim is liable for actual damage to and interference with the use and enjoyment of property caused by him or anyone acting on his behalf in or on the claim area.
2009, c.35, s.38
Expiration of mineral claim
54Subject to section 55, a mineral claim expires at midnight on the anniversary of the date of registration.
2009, c.35, s.39
Renewal of a mineral claim
55(1)Subject to section 56, before the expiration of any term, the holder of a mineral claim has the right to renew the mineral claim by registration in the registry for one, two or three terms of one year each.
55(2)The renewal of a mineral claim under subsection (1) takes effect on the date of the expiration of the claim to be renewed.
55(3)A mineral claim renewed under subsection (1) expires at midnight
(a) on the first anniversary of the effective date of the renewal, if renewed for one term,
(b) on the second anniversary of the effective date of the renewal, if renewed for two terms, or
(c) on the third anniversary of the effective date of the renewal, if renewed for three terms.
1989, c.25, s.1; 2009, c.35, s.40
Requirements for renewals
56(1)The holder of a mineral claim may register a renewal in the registry if the holder has complied with all provisions of this Act and the regulations pertaining to the claim and, with respect to each mineral claim to be renewed, submits, in the form and manner required by the Recorder,
(a) on or before the date of expiration of the claim,
(i) a statement, in the form and containing the information required by the Recorder, of all work performed in relation to the mineral claim since the date of registration of the claim or, if the claim has been renewed, the date of last renewal, including work performed in excess of required work, and
(ii) the fee prescribed by regulation for each term for which renewal is applied, and
(b) not later than thirty days after the effective date of the renewal of the claim, a report, in the form and containing the information required by the Recorder, containing evidence of the performance of the work described in the statement under subparagraph (a)(i) and a statement of costs, in the form and containing the information required by the Recorder, incurred in the performance of that work.
56(2)Notwithstanding the costs of work established by the holder of a mineral claim in a statement or report submitted under subsection (1), the Recorder may, after considering the report and any receipts or contracts required by him relating to the work performed, assign a dollar value to the work for the purposes of this Act and the regulations.
56(3)In determining a dollar value under subsection (2), if the Recorder is satisfied that
(a) costs documented in a report of work, receipt or contract exceed current commercial rates, or
(b) a length of time calculated for the performance of work significantly exceeds a reasonable length of time for performing that work, or
(c) unusual equipment, services, transportation or personnel is charged to the cost of the work,
he may exclude costs unless he has first received an explanation satisfactory to him for the excessive cost or length of time or for the unusual charge.
56(4)If the Recorder determines that a report of work, or any part of the report, is not in accordance with this Act, the Recorder shall return the report, or part of the report, to the prospector for amendment, and, if the Recorder has not received the required amendment within thirty days after the return, the work reported in the report or part of the report shall not be considered in the renewal of the mineral claim.
56(5)Where mineral claims, the claim areas of which are contiguous, are held by the same person, the required work in relation to the claims may be performed anywhere within that group of contiguous claim areas, the statement and report required by subsection (1) may cover the group of claims and the statement of the performance of the work submitted under subsection (1) shall indicate the claim area or areas on which the work was performed and the mineral claim or claims to which the whole of that work is to be applied.
56(6)If the dollar value of work performed in respect of a mineral claim, as determined by the Recorder, is in excess of that required under the regulations, the excess shall be credited by the Recorder towards the dollar value of work required to be done during a subsequent term or terms of the mineral claim, but no excess shall be credited beyond the tenth term after the term in which the work is performed.
56(6.1)A mineral claim shall not be renewed for more than one term at a time unless the excess referred to in subsection (6) equals or exceeds the dollar value of work required by the regulations to be performed
(a) for the subsequent term, if the renewal is for two terms, or
(b) for the subsequent two terms, in total, if the renewal is for three terms.
56(7)Excess dollar value of work determined under this section
(a) shall, subject to paragraph (b), be credited at the time it is determined by the Recorder;
(b) is transferable only among mineral claims
(i) that were recorded at the same time by or on behalf of the same person or persons and the claim areas of which are part of a group of contiguous claim areas that were contiguous at the time the mineral claims were recorded, or
(ii) that are part of one group of contiguous mineral claims grouped under section 58.1; and
(c) may be carried forward to a mining lease.
56(8)Repealed: 2009, c.35, s.41
56(9)Repealed: 2009, c.35, s.41
56(10)Notwithstanding subsection (1), where prior to the first renewal of a mineral claim the required work has not been performed, the first renewal only shall be granted if
(a) Repealed: 1991, c.57, s.4
(b) the fee prescribed by regulation has been paid,
but a second renewal shall not be granted unless the required work for both the first and second terms has been performed.
1989, c.25, s.2; 1991, c.27, s.26; 1991, c.57, s.4; 2009, c.35, s.41
Effect of delay in consideration of report
57(1)If the report containing evidence of the performance of work and a statement of the costs incurred is submitted to the Recorder within the required period, the mineral claim shall not expire because of any delay that may occur in the consideration of the evidence or statement or in making an investigation on any ground that may be considered necessary by the Recorder, and any extension of the mineral claim as may be required shall be granted by the Recorder.
57(2)The Recorder, if satisfied that the required work has been duly performed or, where applicable, the condition under subsection 56(10) has been complied with, shall notify the holder of the mineral claim in writing to that effect and shall indicate the amount of any excess dollar value of work that has been credited under subsection 56(6).
1989, c.25, s.3; 1991, c.57, s.5; 2009, c.35, s.42
Statement of work
58(1)On or before a date in each year fixed by regulation, every person who was the holder of a mineral claim at any time during the preceding calendar year shall submit to the Recorder a statement, in the form and containing the information required by the Recorder, specifying the kind, amount and cost of all work done in respect of the claim during that preceding calendar year and the minerals sought, notwithstanding that the claim may have expired or may have been surrendered, cancelled or converted to a mining lease during that year.
58(2)Where mineral claims, the claim areas of which are contiguous, are held by the same person or persons, a statement under subsection (1) may cover the group of claims.
1986, c.55, s.7; 2009, c.35, s.43
Group of contiguous mineral claims
58.1(1)On payment of the fee prescribed by regulation, the holder of a mineral claim may group 2 or more mineral claims into one group of contiguous mineral claims by registration in the registry.
58.1(2)Repealed: 2009, c.35, s.44
58.1(3)The date of registration of each mineral claim contained in a group of contiguous mineral claims grouped under this section shall be deemed to be the date of registration of the first registered mineral claim in the group.
58.1(4)The renewal fee for renewing each mineral claim contained in a group of contiguous mineral claims grouped under this section is the fee prescribed by regulation for renewing the first recorded mineral claim in the group for the applicable term.
58.1(5)The kind and dollar value of work required to be performed in any term in relation to each mineral claim contained in a group of contiguous mineral claims grouped under this section is the kind and dollar value of work required by regulation to be performed for that term in relation to the first recorded mineral claim in the group.
58.1(6)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.
58.1(7)Where a mineral claim is separated from a group of contiguous mineral claims grouped under this section, the separated mineral claim keeps the date of registration that was determined for the group of contiguous mineral claims.
58.1(8)Where a mineral claim is separated from a group of contiguous mineral claims grouped under this section, the Recorder shall credit any excess dollar value of the work performed in relation to the mineral claims in amounts as determined by the holder of the group of contiguous mineral claims to
(a) the mineral claim that is separated from the group of contiguous mineral claims, and
(b) the group of contiguous mineral claims.
1989, c.25, s.4; 1991, c.57, s.6; 2009, c.35, s.44
Surrender, Expiry or Cancellation of Mineral Claims
Surrender of mineral claim
59The holder of a mineral claim may surrender the claim or any part of the claim by registration in the registry.
2009, c.35, s.45
Rights and liabilities, effect of restaking claim
60(1)Where a registered mineral claim expires or is surrendered or cancelled under this Act, the person who held the claim may, within six months after that expiry, surrender or cancellation, remove any structure, equipment, machinery or other property that he may have placed or erected on the claim area.
60(2)Where the holder of a registered mineral claim is not the owner of the surface, 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 time prescribed in subsection (1) vests, subject to any agreement with the owner of the surface, in the Crown and may be sold, leased or otherwise disposed of by the Minister.
60(3)Where a mineral claim expires or is surrendered or cancelled, the person who held the mineral claim continues to be liable for any obligation for which he was liable under this Act or the regulations immediately before the expiry, surrender or cancellation.
60(4)On the expiry or surrender of a mineral claim, the claim area of the expired or surrendered mineral claim is withdrawn from prospecting and registration of mineral claims until 10 a.m. on the seventh day after the date of the expiry or surrender, and the person who previously held the claim, or by anyone in his or her name, shall not in any case register in the registry any mineral claim unit that was included in the claim area of the expired or surrendered mineral claim before 10 a.m. on the fourteenth day after the date of the expiry or surrender.
2009, c.35, s.46
Disputes of Mineral Claims
Notice of dispute
61(1)Subject to this section, a prospector may file with the Recorder a notice of dispute, in the form provided by the Minister, alleging that a mineral claim was not proper to be registered.
61(2)The notice referred to in subsection (1) shall be in duplicate and shall be accompanied by the fee prescribed by regulation.
61(3)Where the prospector claims that he is entitled
(a) to register a mineral claim, or
(b) to have a right or interest in a mineral claim, or part thereof, or in the claim area, or part thereof,
he shall so state in the notice of dispute, giving particulars.
61(4)The Recorder shall not accept a notice of dispute for filing unless it contains, or has endorsed thereon, an address for service for the prospector filing the notice.
61(5)The Recorder shall not accept a notice of dispute for filing after sixty days following the registration of the mineral claim unless
(a) there is an allegation of fraud, or
(b) the holder of the mineral claim has not complied, personally or through his agent, with section 44.
61(6)Where a notice of dispute has been filed in accordance with this section, the Recorder shall
(a) enter a note of the filing of the dispute in the registry;
(b) retain a copy of the notice in his office;
(c) forthwith send a copy of the notice by registered mail to the holder of the mineral claim affected; and
(d) send a copy of the notice to the Board.
61(7)After the requirements of this section have been met, sections 13 and 113 apply to the dispute.
1986, c.55, s.8; 2009, c.35, s.47; 2023, c.6, s.2
VI
REGIONAL SURVEYS AND DRILLING
Regional survey
62(1)Subject to subsections (2) and (3)
(a) a regional survey performed in relation to a mineral claim or a mining lease but extending beyond the land covered thereby may be credited towards the required work for the mineral claim or mining lease, and
(b) a regional survey performed on land open for prospecting and registration of mineral claims may be credited towards the required work for a mineral claim that is registered on that land before the report of the survey is submitted to the Recorder.
62(2)Notwithstanding subsection 56(1), every person who causes a regional survey to be performed shall submit to the Recorder a report of survey not later than fifteen years after the commencement of the survey; but for a regional survey to be credited towards required work, a report of the entire survey shall be submitted to the Recorder not later than five years after the commencement of the survey.
62(3)A report of survey referred to in subsection (2) shall be in accordance with the regulations.
2009, c.35, s.48
Prior notice of airborne survey
63Prior to the commencement of an airborne geological, geophysical or geochemical survey for minerals, the person who causes the survey to be performed shall inform the Recorder of commencement of the survey.
Repealed
64Repealed: 1989, c.25, s.5
1989, c.25, s.5
Prohibitions respecting drilling
65Subject to subsection 66(3), no person shall abandon, discard, dump, destroy, or otherwise reduce the original technical value of any drill core or cuttings obtained by surface or underground drilling for the purposes of searching for minerals or mineral-bearing substances except for those sections submitted for assaying or testing, or for microscopic, metallurgical or beneficiation studies, without the permission of the Recorder.
Notice of intention respecting drilling and actions of Recorder
66(1)Any person intending to abandon, discard, dump, destroy or otherwise reduce the original technical value of any drill core or cuttings obtained by drilling as referred to in section 64 and in their possession or lodged with them for safekeeping, other than as authorized in section 65, shall notify the Recorder of that intention and upon receipt of the notification the Recorder shall
(a) provide that person with permission in accordance with section 65;
(b) take possession of the drill core or cuttings for the Crown; or
(c) log the drill core or cuttings and provide that person with permission in accordance with section 65.
66(2)The actions taken by the Recorder under subsection (1) shall be undertaken at the expense of the Crown.
66(3)Section 65 does not apply when notice has been received by the Recorder under subsection (1) and the Recorder has not responded within six months after receipt by him of the notice.
VII
MINING LEASES
Prohibitions unless holder of mining lease
67No person shall carry on production or cause production to be carried on unless he is the holder of a mining lease.
Conditions for Granting Mining Leases
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
Form and Recording of Mining Leases
Form and recording of mining leases
69(1)A mining lease, in the form prescribed by regulation, shall be executed in duplicate; and one duplicate, to be known as the counterpart, shall be delivered to the lessee and the other shall be filed and recorded in the Fredericton office of the Recorder.
69(2)Every mining lease granted under this Act shall be executed by the Minister under his hand and seal of office and by the lessee under his hand and seal or that of his duly authorized attorney or agent and, where a mining lease is executed by an attorney or agent, the instrument conferring such power shall be filed in the Fredericton office of the Recorder before the counterpart of the mining lease is delivered to the lessee.
69(3)A certification of the filing and recording required under subsection (1) shall be endorsed by the Recorder on the counterpart delivered to the lessee.
Terms and Conditions of Mining Leases
Rent
70(1)Every lessee shall pay rent, at the rate required by regulation, annually on or before the anniversary of the date of the commencement of the first term of the mining lease for the ensuing year.
70(2)Notwithstanding subsection (1), the amount of rent payable on a mining lease for coal shall be reduced by the amount of royalty paid in the preceding year but the rent payable shall not be less than fifty per cent of that required by regulation.
Statement of work
71(1)Except in any year in which he carries on production under his mining lease, every lessee shall submit annually to the Recorder
(a) on or before the anniversary of the date of the commencement of the first term of the mining lease a statement in the form prescribed by regulation of all work performed in relation to the lease during the year, including work performed in excess of required work;
(b) not later than thirty days after the anniversary of the date of the commencement of the first term of the mining lease a report in accordance with the regulations containing evidence of the performance of the work described in the statement under paragraph (a) and a statement of costs incurred in the performance of that work.
71(2)Except in any year in which a lessee carries on production under his mining lease, subsections 56(2), (3), (4), (6) and (7) and subsections 57(1) and (2) apply to mining leases with such modifications as are necessary, and for the purposes of this section the word “term” when used in those subsections means “year”.
Duration of mining lease
72Subject to section 73, a mining lease shall be for a term of twenty years.
Renewal of mining lease
73(1)A lessee may, subject to the laws in effect with respect to mining leases at the time of renewal and subject to the lessee having complied with the provisions of this Act and the regulations and with the terms and conditions of the mining lease during the term that is about to expire, apply in writing to the Minister at least six months prior to the expiration of the mining lease to have the lease renewed for a further term of twenty years.
73(2)A mining lease renewed under subsection (1) may be renewed in accordance with that subsection for two additional terms of twenty years each.
Prohibition against assignment or transfer without consent of Minister
74(1)A lessee shall not assign, transfer, set over or otherwise part with all or any of the rights granted under the lease or under this Act or the regulations to any person without the written consent of the Minister.
74(2)The Minister may refuse to give his consent under subsection (1) if, in his opinion, it is in the public interest to do so.
Rights and liabilities of lessee
75(1)Subject to the terms and conditions of the mining lease, a mining lease gives the lessee,
(a) subject to sections 109 and 110, the right of free access by any reasonable means to and over and exit from the lease area;
(b) subject to this Act, the exclusive right to prospect for minerals and carry on mining on the lease area and to remove minerals from the lease area for purposes of sampling and testing; and
(c) the exclusive right to carry on production on the lease area and to remove minerals from the lease area accordingly.
75(2)The holder of a mining lease is liable for actual damage to or interference with the use and enjoyment of property caused by him or anyone acting on his behalf in or on the lease area.
Notification of failure to commence required work, reduction or cessation
76(1)Where production
(a) at a rate of at least sixty per cent of planned capacity, as stated in a feasibility study report, has not been commenced by the time stated in the feasibility study report,
(b) is reduced to less than sixty per cent of planned capacity, as stated in a feasibility study report, at any time after commencement of production, or
(c) ceases for any reason during the term of a lease,
the lessee shall immediately notify the Minister of that situation and provide to him reasons for the failure to commence, the reduction or the cessation.
76(2)When required so to do by the Minister at the time a mining lease is granted or at any time thereafter, a lessee shall process or further process in the Province any minerals mined in the Province under the mining lease.
76(3)The Minister shall not require a lessee to process or further process minerals in the Province unless he is satisfied that the lessee is economically able to do so.
Notice of opening or reopening
77(1)At least ninety days before the opening or reopening of a mine for the purpose of production, the lessee shall submit to the Minister
(a) written notice of the intention to open or reopen the mine; and
(b) the particulars of any revisions to the feasibility study report that was submitted in compliance with subparagraph 68(1)(c)(i).
77(2)No work in relation to the opening or reopening of a mine for the purpose of production shall be commenced until the Minister has received the revisions to the feasibility study report referred to in paragraph (1)(b) and has approved any revisions to the lessee’s program for the protection, reclamation and rehabilitation of the environment.
Obligations of lessee
78Every lessee shall
(a) institute and carry out a program for the protection of the environment affected by the mining operation under the lease; and
(b) undertake and complete a program for the reclamation and rehabilitation of the environment affected by the mining operation and to leave the environment in a condition satisfactory to the Minister.
Repealed
79Repealed: 2009, c.35, s.50
2009, c.35, s.50
Returns to be submitted by lessee
80(1)Every lessee shall submit to the Recorder such completed returns as are required by the regulations.
80(2)On or before a date in each year to be fixed by regulation, every person who was the holder of a mining lease at any time during the preceding calendar year shall submit to the Recorder a statement, on a form provided by the Minister, specifying the kind, amount and cost of all work done in respect of the lease during that preceding calendar year and the minerals recovered or recoverable, notwithstanding that the lease may have expired or may have been surrendered or cancelled during that year.
1986, c.55, s.9
Statement to be submitted to the Recorder
81At least ten days prior to the fifth, tenth, fifteenth and twentieth anniversaries of the date of the commencement of the first term of a mining lease or of any renewal thereof the lessee shall submit to the Recorder a statement, on the form provided by the Minister, verifying that the boundary lines of the lease area have been inspected and that, where necessary, work has been performed to ensure that the lines are clearly visible.
Notice of closing or abandoning mine
82At least ninety days prior to closing or abandoning a mine or otherwise rendering a mine inaccessible, the lessee shall give to the Minister written notice of such action and shall, before taking the action, provide the Minister with such plans or other documents as may be required by the regulations.
Terms and conditions
83Sections 70 to 82 are terms and conditions of a mining lease.
Cancellation, Surrender or
Expiry of Mining Leases
Notice of failure to comply, Minister’s investigation and decision, cancellation of lease
84(1)Whenever it is represented to or comes to the knowledge of the Minister that a lessee has failed to comply with any provision of this Act or the Metallic Minerals Tax Act or regulations under those Acts or with any term or condition of his mining lease the Minister shall cause a notice in writing to be served personally or by registered mail upon the lessee, informing him of the failure or alleged failure to comply and appointing a place and time, not fewer than thirty days after the date the notice was mailed, for an investigation thereof.
84(2)At the time and place appointed, the Minister shall proceed to investigate the failure to comply, and may, if he is satisfied that the lessee has failed to comply with any provision of this Act or the Metallic Minerals Tax Act or regulations under those Acts or any term or condition of his lease,
(a) cancel the mining lease,
(b) extend the time for complying with any provision or any term or condition, or
(c) make any other order or decision he considers just and equitable,
and he shall thereupon cause a notice in writing to be served personally or by registered mail upon the lessee of his decision.
84(3)If the lessee does not comply with this Act or the Metallic Minerals Tax Act or regulations under those Acts and the terms and conditions of the mining lease within an extended period of time granted under subsection (2), the Minister shall cancel the lease and shall thereupon cause notice of the cancellation in writing to be served personally or by registered mail upon the lessee.
84(4)Where a mining lease is cancelled under this section the land covered by the lease is thereupon withdrawn from prospecting and registration of mineral claims until such time as the Minister may set.
2002, c.31, s.13; 2009, c.35, s.51
Surrender of lease, loss of counterpart of lease
85(1)A lessee may at any time surrender his mining lease by notice signed by him and filed together with his counterpart of the lease in the office of the Recorder.
85(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 lessee shall be received in place of the counterpart.
Land withdrawn where lease expires or is surrendered
86Where a mining lease expires or is surrendered, the land covered by the lease is thereupon withdrawn from prospecting and registration of mineral claims until such time as the Recorder may set.
2009, c.35, s.52
Rights of lessee where lease expires or is surrendered or cancelled
87(1)Where a mining lease expires or is surrendered or cancelled under this Act, the lessee may, within one year after that surrender, expiration or cancellation remove any structure, equipment, machinery or other property that he may have placed or erected on the lease area, and he may remove any minerals which he may have extracted from the lease area and in relation to which he has paid the royalty required under this Act or the tax required under the Metallic Minerals Tax Act, but he 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.
87(2)Where the lessee is not the owner of the surface, the ownership of any structure, equipment, machinery or other property placed or erected on the lease area by the lessee and remaining after the expiry of the period referred to in subsection (1) vests, subject to any agreement with the owner of the surface, in the Crown and may be sold, leased or otherwise disposed of by the Minister.
87(3)The ownership of any extracted mineral remaining after the expiry of the time referred to in subsection (1) remains in the Crown.
Liabilities of lessee where lease expires or is surrendered or cancelled
88Where a mining lease expires or is surrendered or cancelled, the person who held the lease continues to be liable for any money owing with respect to royalties or rents or with respect to the reclamation and rehabilitation of the land and for any other obligation for which he was liable under this Act or the regulations immediately before the expiry, surrender or cancellation.
Reduction, Subdivision, Amalgamation of
Mining Leases
Reduction, subdivision, amalgamation of mining leases
89Upon application accompanied by payment of the fee prescribed by regulation and upon good cause being shown the Minister may authorize the reduction, subdivision, amalgamation or enlargement of land covered by a mining lease under such terms and conditions as he may determine.
1986, c.55, s.10
VIII
BOUNDARY SURVEYS
Surveys and Surveyors
2009, c.35, s.53
Boundary surveys
90A boundary survey under this Act shall be carried out
(a) by a land surveyor who is qualified under the laws of the Province; and
(b) in accordance with the Surveys Act.
Angles in boundary surveys
91All angles in a boundary survey under this Act shall be designated by co-ordinates provided for under section 2 of the Surveys Act and the orthometric heights of those angles shall be based on the Canadian Geodetic Vertical Datum of 2013 (CGVD2013), and derived from a bench mark approved by the Director of Surveys.
2017, c.49, s.2
Order of survey
92Prior to carrying out a boundary survey under this Act, a surveyor shall obtain an order of survey issued by the Minister.
1987, c.36, s.3
Right of surveyors
93When carrying out a boundary survey under this Act, a land surveyor with his assistants may enter upon any land, travel on any road, open and clear out any line or course, and measure along and ascertain the bearings of any line or limit, but he shall do no unnecessary damage to any property.
Boundaries
94A boundary survey under this Act shall be of external boundaries only.
2009, c.35, s.54
Repealed
95Repealed: 2009, c.35, s.55
2009, c.35, s.55
Fraction or Gore
Repealed: 2009, c.35, s.56
2009, c.35, s.56
Repealed
96Repealed: 2009, c.35, s.57
2009, c.35, s.57
Repealed
97Repealed: 2009, c.35, s.58
2009, c.35, s.58
IX
ROYALTIES
Royalties to be paid to Crown
98(1)Subject to subsection (2), 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.
98(2)A person shall not be liable to pay a royalty under this section in respect of minerals in relation to which he is liable to pay a tax under the Metallic Minerals Tax Act.
Due date of royalties, Suspension of requirement to pay royalties
99(1)Royalties owing under this Act on coal are due and payable monthly on the twentieth day of each month, and all other royalties owing under this Act are due and payable quarterly on the twentieth day of January, April, July, and October in each year or, where that day is a holiday, on the first banking day next following that day.
99(2)Notwithstanding anything contained in this Act, the Lieutenant-Governor in Council may, whenever he considers it necessary for the better management of mines and minerals, suspend the requirement for any person to pay royalties under this Act for a period not exceeding ten years.
X
COLLECTION
Collection
100(1)From and after the date on which the amount of any royalty, charge or rent under this Act or the regulations is to be paid by any person, the amount bears interest at the rate prescribed by regulation.
100(2)Subsection (1) applies notwithstanding that a certificate has been issued under subsection (5) and entered and recorded as a judgment of The Court of King’s Bench of New Brunswick.
100(3)The amount of any royalty, charge or rent authorized under this Act or the regulations together with interest thereon, that is due and unpaid by any person is a debt due to the Crown and may be recovered by action in the name of the Crown in any court of competent jurisdiction.
100(4)The court may in an action under subsection (3) make an order as to the costs of the action in favour of or against the Crown.
100(5)Notwithstanding subsection (3), when default has been made in payment of any royalty, charge or rent payable under this Act or the regulations, the Minister may so certify and may issue a certificate stating the amount due and payable including interest, if any, and the name of the person by whom the amount is payable.
100(6)A certificate referred to in subsection (5) may be issued
(a) when directed by the Minister; or
(b) upon the expiration of thirty days after the sending of a registered letter demanding payment.
100(7)A certificate issued under subsection (5) 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 a judgment obtained in the Court by the Crown against the person named in the certificate for a debt of the amount specified in the certificate.
100(8)All reasonable costs and charges attendant upon the filing, entering and recording of the certificate shall be recovered in like manner as if the amount thereof had been included in the certificate.
2023, c.17, s.158
XI
INSTRUMENTS, TRANSFER,
ADDRESS FOR SERVICE
2009, c.35, s.59
Transfer of mining lease
101A transfer of a mining lease or of any interest in a mining lease shall be in the form provided by the Minister, shall be signed by the transferor or by his or her agent authorized by instrument in writing and shall be accompanied by the fee prescribed by regulation.
2009, c.35, s.60
Transfer of mineral claim
101.1(1)On payment of the fee prescribed by regulation, the holder of a mineral claim or his or her agent may transfer the mineral claim or any interest in the mineral claim by registration in the registry.
101.1(2)The Recorder may at any time require a prospector, former prospector or their agent or former agent to produce for inspection the document authorizing a transfer or other instrument affecting the transfer of a mineral claim.
101.1(3)A prospector or former prospector to whom a request is made shall without delay produce the instrument requested under subsection (2).
2009, c.35, s.61
Execution of instrument
102(1)Except as in this Act otherwise expressly provided, no transfer or assignment of, or agreement or other instrument affecting a mining lease shall be received by the Recorder and entered on the record unless
(a) it is executed by the holder of the mining lease or interest affected, or by his or her duly authorized agent, and the execution is verified by the affidavit or solemn declaration of a subscribing witness to the execution; and
(b) it is accompanied by the written consent of the Minister.
102(2)If an instrument referred to in subsection (1) is executed by an agent, there shall be filed with the instrument a written authorization to the agent to sign, and the execution of the authorization shall be verified by the affidavit or solemn declaration of a subscribing witness to the execution of the authorization.
102(3)Where, by an instrument made pursuant to section 177 of the Bank Act as enacted by section 2 of the Banks and Banking Law Revision Act, 1980, chapter 40 of the Statutes of Canada, 1980-81-82-83, a mineral claim or a mining lease or any interest therein is assigned, transferred or set over as security to a Canadian chartered bank by the holder of the mineral claim or mining lease or by a person having an interest therein, there shall be filed with the Recorder
(a) an original or an executed copy of the instrument giving the security; or
(b) a copy of the instrument giving the security certified by an officer or employee of the bank to be a true copy.
2009, c.35, s.62
Effect of registration of a mineral claim or recording of a lease
103After a mineral claim has been registered or mining lease has been recorded, every instrument other than a will affecting the mineral claim or mining lease or any interest therein is void as against a subsequent purchaser or transferee for valuable consideration without actual notice, unless the instrument is registered or recorded before the registration or recording, as the case may be, of the instrument under which the subsequent purchaser or transferee claims.
2009, c.35, s.63
Recording or registration is notice
104The recording or registration of an instrument under this Act constitutes notice of the instrument to all persons claiming any interest in the mineral claim or mining lease subsequent to the recording or registration, notwithstanding any defect in the proof for registration or recording.
2009, c.35, s.64
Priorities
105Subject to section 51, priority of registration or recording prevails over a prior instrument unless before the prior registration or recording there has been actual notice of the prior instrument to the party claiming under the prior registration or recording.
2009, c.35, s.65
Transfers requiring statement and consent
106(1)If a mineral claim or mining lease or any interest therein is transferred in consequence of the death, bankruptcy or insolvency of any holder of a mineral claim or mining lease, or by any means other than a transfer referred to in subsection 102(1), the transfer shall be
(a) authenticated by a statement, verified by affidavit or solemn declaration of the person to whom the mineral claim or mining lease or interest therein has been transferred, setting out the circumstances of the transfer and describing the manner in which and the person to whom such claim or lease has been transferred; and
(b) in the case of a mining lease, accompanied by the written consent of the Minister.
106(2)If the transfer referred to in subsection (1) takes place by virtue of the bankruptcy or insolvency of any holder of a mineral claim or mining lease, the statement referred to in subsection (1) shall be accompanied by such evidence as may be receivable in court as proof of the title of persons claiming under any bankruptcy or insolvency, and if the transfer takes place by virtue of a testamentary instrument or by intestacy the statement shall be accompanied by the letters probate of the will or the letters of administration, or a copy thereof, that may be evidence admissible in court in proof of the transfer.
106(3)The Recorder, upon receipt of the statement and consent referred to in subsection (1), accompanied by the documents referred to in subsection (2), shall enter the name of the person entitled to the mineral claim or mining lease or interest therein under the transfer in the records as entitled thereto.
Address for service, substituted service
107(1)Every application for a mining lease and every other application and every transfer or assignment of a mining lease or of any interest in the mining lease shall have endorsed thereon the place of residence and post office address of the applicant, transferee or assignee and, when he or she is not a resident in New Brunswick, the name, residence and post office address of a person resident in New Brunswick on whom service may be effected.
107(2)The address given under this section shall be the address for service and, when not otherwise provided for by this Act, service may be made by forwarding by registered mail to such address.
107(3)No application, transfer or assignment of a mining lease shall be filed or recorded under this Act unless it complies with subsection (1).
107(4)Another person resident in New Brunswick may at any time be substituted as the person upon whom service may be effected by filing in the office of the Recorder a memorandum setting forth the name, residence, and post office address of the other person.
107(5)Service upon the person named under subsection (1) or (4) as the person upon whom service may be effected has the same effect as service upon the person whom he represents.
107(6)Subsection (5) applies to every notice, demand or proceeding in any way relating to a mining right.
2009, c.35, s.66
XII
USE OF LANDS, DAMAGE, SECURITIES
Restricted rights
108(1)A mineral claim or mining lease does not confer on the holder thereof any right of possession of land covered by the mineral claim or mining lease.
108(2)A mineral claim or mining lease does not confer on the holder thereof the right to move or use any sand, gravel, clay, soil, ordinary stone, peat or peat moss other than for geochemical analysis or to expose minerals for the purpose of mining or to carry out reclamation and rehabilitation of the environment.
108(3)A mineral claim or mining lease does not confer upon the holder thereof the right to take away from the land covered by the mineral claim or mining lease any substance that is not a mineral.
108(4)Every holder of a mineral claim or mining lease, every operator of a mine and every 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.
108(5)The 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.
108(6)Where 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 direct the Board to hold a hearing.
108(7)Where, after notice to all persons interested and after hearing those who appear, the Board is satisfied that land is being used other than as authorized under this Act or the regulations, the Board may cancel the mineral claim or mining lease and upon such cancellation the land covered by the cancelled claim or lease is thereupon withdrawn from prospecting and registration of mineral claims until such time as the Recorder may set.
2009, c.35, s.67; 2023, c.6, s.2
Personal contact with owner, submission of reclamation program and security, damage to or interference with use and enjoyment of land
109(1)Subject to subsections (2), (3) to (3.5) and (5), a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or anyone acting on behalf of such person shall, before causing actual damage to or interference with the use and enjoyment of property other than Crown Lands,
(a) make personal contact with the owner of the property and deliver to the owner a notice of the planned work in the form prescribed by regulation,
(b) deliver to the Recorder a copy of the notice referred to in paragraph (a),
(c) reach an agreement with the owner of the property with respect to the actual damage to or interference with the use and enjoyment of the property, and
(d) receive permission of the Recorder to proceed.
109(2)Where personal contact has not been made with the owner of property but the prospector, holder of the mineral claim or mining lease, or operator of the mine, or a person acting on behalf of such person has
(a) satisfied the Recorder that he has made a reasonable effort to contact the owner,
(b) either
(i) sent to the owner at his last known address, with a copy to the Recorder, the notice referred to in paragraph (1)(a), or
(ii) advertised once in each of two consecutive weeks in a newspaper circulated in the area where the property is situated a notice of the planned work on the property, and
(c) given security in accordance with section 111,
subsection (1) does not apply.
109(3)Where an agreement under paragraph (1)(c) has not been reached with the owner of property within sixty days after the personal contact referred to in paragraph (1)(a) is made, and where security is given under section 111, subsection (1) does not apply.
109(3.1)The Minister may require a person planning to do work referred to in subsection (1)
(a) to submit a reclamation program in accordance with the regulations, and
(b) to submit security conditioned for the payment of costs with respect to protection, reclamation and rehabilitation of the environment during and on discontinuance of the planned work, which security shall be in the form and amount required in accordance with the regulations,
before commencing the planned work.
109(3.2)The factors to be considered by the Minister in deciding whether or not to require the submission of a reclamation program and security under subsection (3.1) include, but are not limited to, the following:
(a) the type and amount of planned work;
(b) the nature and severity of the potential damage to the environment;
(c) the nature and current use being made of the property to be affected; and
(d) the anticipated cost of instituting and the nature of a program that would protect, reclaim and rehabilitate the environment.
109(3.3)A person submitting a program under subsection (3.1) shall deliver a copy of the program to the owner of the property.
109(3.4)If submission of a program has been required under subsection (3.1), no person shall commence the planned work until sixty days after delivery of the copy of the program to the owner of the property.
109(3.5)Subsection (3.4) does not apply where the owner of the property consents in writing to an earlier commencement.
109(4)Notwithstanding any other provision of this section, a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or anyone acting on behalf of such person, shall not cause actual damage to or interference with the use and enjoyment of
(a) land within an incorporated city, town or village without the consent of the city, town or village;
(b) land occupied as station grounds, switching yards or rights of way of any railway without the consent of the owner of the railway;
(c) land within the boundaries of a public highway without the consent of the Minister of Transportation and Infrastructure or, if the public highway is under the administration and control of the New Brunswick Highway Corporation or a project company as defined in the New Brunswick Highway Corporation Act, the New Brunswick Highway Corporation, and, where the highway lies within the boundary of an incorporated city, town or village, the consent of the city, town or village;
(d) land occupied by any building or curtilage thereof or as a garden or cultivated land, without the consent of the owner thereof; or
(e) such other land as may be prescribed by regulation without the consent required by regulation.
109(5)Subsection (1) does not apply to a person engaged solely in the act of staking.
109(6)Unless the owner of property waives the requirements of this subsection a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or a person acting on behalf of such person, shall repeat the steps set out in subsections (1) to (3) and (3.3) to (3.5), as the case may be,
(a) for each year in which work is planned; and
(b) at any time when there is a significant change in the planned work described in the latest notice given to the owner as required under paragraph (1)(a).
1989, c.25, s.7; 1995, c.N-5.11, s.43; 1997, c.64, s.19; 2010, c.31, s.83
Reclamation program, crown lands, consent of lessee, payments under the Crown Lands and Forests Act
110(1)Subject to subsections (2), (2.1), (2.2) and (3), a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or anyone acting on behalf of such person shall, before causing actual damage to or interference with the use and enjoyment of Crown Lands,
(a) submit to the Recorder a notice of the planned work in the form prescribed by regulation, and
(b) receive the permission of the Recorder to proceed.
110(2)The Minister may require a person planning to do work referred to in subsection (1)
(a) to submit a reclamation program in accordance with the regulations, and
(b) to submit security conditioned for the payment of costs with respect to protection, reclamation and rehabilitation of the environment during or on discontinuance of the planned work, which security shall be in the form and amount required in accordance with the regulations.
110(2.1)The factors to be considered by the Minister in deciding to require the submission of a reclamation program and security under subsection (2) include, but are not limited to, the following:
(a) the type and amount of planned work;
(b) the nature and severity of the potential damage to the environment;
(c) the nature and current use being made of the property to be affected; and
(d) the anticipated cost of instituting and the nature of a program that would protect, reclaim and rehabilitate the environment.
110(2.2)If submission of a program and security is required under subsection (2), no person shall commence the planned work until
(a) the Minister approves the program in writing, and
(b) the Recorder receives the security.
110(3)Subsection (1) does not apply to a person engaged solely in the act of staking, establishing grid lines or performing a geological, geophysical or geochemical survey.
110(4)Notwithstanding any other provision of this section, a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or anyone acting on behalf of such person, shall not erect any permanent camp, building or other structure on Crown Lands unless he has obtained a lease of the Crown Lands or a licence of occupation for the Crown Lands under the Crown Lands and Forests Act.
110(5)Notwithstanding any other provision of this section, a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or anyone acting on behalf of such person, 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.
110(6)The rights conferred on a prospector, holder of a mineral claim or mining lease, party to an agreement under subsection 25(2) or 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, and any disagreement between the prospector, holder of the mineral claim or mining lease, party to an agreement under subsection 25(2) or operator of the mine and the licensee, sublicensee or permittee in respect of quantity of timber or value of interest in the timber shall be determined by the Board.
110(7)Sections 13 and 113 apply with such changes as are necessary to a determination by the Board under subsection (6).
1989, c.25, s.8; 2005, c.1, s.5; 2023, c.6, s.2
Security
111(1)Security given under this section operates to compensate the owner or lessee for actual damage to or interference with the use and enjoyment of property caused by a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or by anyone acting on his behalf, prospecting, staking, mining or otherwise working land.
111(2)Security given under this section shall be in the form and amount required in accordance with the regulations and shall be deposited with the Recorder before prospecting, mining or other work on the land is undertaken by the holder of a prospecting licence, mineral claim or mining lease, by the operator of a mine or by a person acting on his behalf.
111(3)Repealed: 1989, c.25, s.9
1989, c.25, s.9
Idem
111.1The Minister may at any time require security in the forms and amounts the Minister considers appropriate in addition to
(a) security conditioned for the payment of costs with respect to protection, reclamation and rehabilitation of the environment, as required by any provision of this Act,
(b) security given in accordance with section 111, or
(c) security required by or given under
(i) any other provision of this Act, or
(ii) the regulations.
1989, c.25, s.10
Mine Reclamation Fund
111.2(1)There is established a fund to be known as the Mine Reclamation Fund into which security shall be credited that is
(a) submitted by the holder of a mining lease or the operator of a mine, or anyone acting on behalf of such person,
(b) in the form of money, and
(c) conditioned for the payment of costs with respect to the protection, reclamation and rehabilitation of the environment.
111.2(2)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.
111.2(3)The Mine Reclamation Fund shall be held for the purposes of this section in a separate account in the Consolidated Fund.
111.2(4)Money received under subsection (1) shall be credited to the Mine Reclamation Fund in the name of the holder of the mining lease or the operator of the mine and shall earn interest at such rate as is determined by the Minister of Finance and Treasury Board.
111.2(5)The Minister of Finance and Treasury Board, on the recommendation of the Minister, may make payments from the Mine Reclamation Fund for the purpose of
(a) performing such work as is considered necessary by the Minister and required by the relevant program for the protection, reclamation and rehabilitation of the environment approved by the Minister, and
(b) refunding any residual money, including interest, to the holder of the mining lease or the operator of the mine, or anyone acting on behalf of such person, when the Minister has determined that the money is no longer required as security.
2001, c.10, s.1; 2019, c.29, s.90
Negotiation of security
112(1)Where an order is made by the Board under subsection 13(8) and the Recorder receives a certificate of non-payment in the form specified by the Minister to the effect that subsection 113(9) has not been complied with, and the security provided is negotiable, the Recorder shall negotiate the security and satisfy from the proceeds the amount ordered to be paid.
112(2)Where 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 section 111.
2009, c.35, s.68; 2023, c.6, s.2
XII.1
ACQUISITION OF PRIVATE LANDS
2015, c.38, s.1
Definitions for this Part
2015, c.38, s.1
112.01The following definitions apply in this Part.
“applicant” means the holder of a mineral claim.(demandeur)
“application” means an application for a vesting order.(demande)
“Court” means The Court of King’s Bench of New Brunswick and includes a judge of that court.(Cour)
“owner” means the owner of private land that is the subject of an application.(propriétaire)
2015, c.38, s.1; 2023, c.17, s.158
Expropriation Act does not apply
2015, c.38, s.1
112.02(1)The only recourse available to the holder of a mineral claim who requires 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 for the acquisition of the private land is a vesting order issued under this Part by the Board, and the provisions of the Expropriation Act do not apply.
112.02(2)The Board shall, on application, hear and determine whether or not the private land should be vested in the applicant and if so, the Board shall determine the amount of compensation to be paid in accordance with this Part and not in accordance with the Expropriation Act.
2015, c.38, s.1; 2023, c.6, s.2
Application for vesting order
2015, c.38, s.1
112.03(1)If a holder of a mineral claim requires private land for the development of a mine or for any purpose connected with or incidental to that mine and no agreement can be reached with the owner for the acquisition of the private land, the holder of the mineral claim may apply to the Board for the issuance of a vesting order.
112.03(2)Repealed: 2023, c.6, s.2
112.03(3)The holder of the mineral claim shall serve by personal service a copy of the application on the owner.
2015, c.38, s.1; 2023, c.6, s.2
Date, time and place of hearing
2015, c.38, s.1; 2023, c.6, s.2
112.04(1)Repealed: 2023, c.6, s.2
112.04(2)The Board shall set a date, time and place to hear the application and notify the applicant, the owner, the Recorder and any person who, in the opinion of the Board, is an interested person of the date, time and place of the hearing.
112.04(3)Repealed: 2023, c.6, s.2
112.04(4)Repealed: 2023, c.6, s.2
2015, c.38, s.1; 2023, c.6, s.2
Interested person
2015, c.38, s.1
112.05A person claiming to have an interest under the Marital Property Act with respect to the private land sought to be acquired by an applicant and a person claiming to have a right, title, interest, mortgage, judgment or lien on the private land sought to be acquired by an applicant is entitled to appear and be heard in person or by legal counsel.
2015, c.38, s.1
Notice by registered mail
Repealed: 2023, c.6, s.2
2015, c.38, s.1; 2023, c.6, s.2
112.06Repealed: 2023, c.6, s.2
2015, c.38, s.1; 2023, c.6, s.2
Summary hearing
2015, c.38, s.1
112.07The Board may, with the written consent of the parties, hear and determine the application in a summary manner.
2015, c.38, s.1; 2023, c.6, s.2
Evidence
Repealed: 2023, c.6, s.2
2015, c.38, s.1; 2023, c.6, s.2
112.08Repealed: 2023, c.6, s.2
2015, c.38, s.1; 2023, c.6, s.2
Irregularities
Repealed: 2023, c.6, s.2
2015, c.38, s.1; 2023, c.6, s.2
112.09Repealed: 2023, c.6, s.2
2015, c.38, s.1; 2023, c.6, s.2
Hearing may be conducted in absence of party
2015, c.38, s.1; 2023, c.6, s.2
112.1If the Board is satisfied that a party has received notice of the hearing, the Board may proceed to conduct the hearing and to make a determination in the absence of that party.
2015, c.38, s.1; 2023, c.6, s.2
Extension and abridgement of time
2015, c.38, s.1
112.11The Board may extend the time fixed for doing anything in relation to an application, whether or not the time fixed has expired, and the Board may abridge the time fixed for doing anything in relation to an application.
2015, c.38, s.1; 2023, c.6, s.2
Engagement of experts
Repealed: 2023, c.6, s.2
2015, c.38, s.1; 2023, c.6, s.2
112.12Repealed: 2023, c.6, s.2
2015, c.38, s.1; 2023, c.6, s.2
Decision of Board
2015, c.38, s.1; 2023, c.6, s.2
112.13(1)After hearing the application, the Board may
(a) dismiss the application if the applicant fails to demonstrate, to the Board’s satisfaction, that
(i) the private land is required for the purpose of the mine,
(ii) all reasonable efforts have been made to reach an agreement with the owner for the acquisition of the private land, and
(iii) it is in the public interest that the vesting order be issued, or
(b) allow the application in whole or in part and vest the private land in the applicant in fee simple by a vesting order.
112.13(2)A vesting order shall contain:
(a) a statement indicating that the private land vests in the applicant in fee simple, free and clear from all encumbrances, other than a right-of-way or easement for the conveyance, transmission or transportation of water, oil, gas, electricity or telecommunication or for the disposal of sewage or any other easement or right-of-way, however created, on, over or in respect of the private land;
(b) a provision requiring the applicant to pay all debts, liabilities and taxes owing on the private land;
(c) a provision requiring the applicant to pay compensation in the amount the Board considers appropriate;
(d) a provision specifying the form and manner in which the applicant shall provide proof of payment of the debts, liabilities, taxes and compensation for the purpose of registering the vesting order; and
(e) any other provision for the disposal of the matter that the Board considers just and equitable.
112.13(3)Repealed: 2023, c.6, s.2
2015, c.38, s.1; 2023, c.6, s.2
Compensation - owner
2015, c.38, s.1
112.14When determining the amount of compensation to be paid to the owner, the Board shall take into account the following:
(a) any amount offered by the applicant to the owner before the applicant submitted the application;
(b) any interest under the Marital Property Act with respect to the private land sought to be acquired;
(c) any right, title, interest, mortgage, judgment or lien on the private land sought to be acquired;
(d) the amount of the tax and interest that will be due and payable under the Real Property Tax Act if the private land ceases to be registered under the farm land identification program established under that Act as a result of the issuance of a vesting order;
(e) the owner’s reasonable costs of finding land to replace the private land vested in the applicant and, if the owner’s residence is located on the private land, the reasonable costs of finding another residence and an allowance to compensate for the inconvenience of finding another residence;
(f) reasonable relocation costs, including moving, legal and survey costs and other non-recoverable expenditures incurred in acquiring other land;
(g) if the owner carried on a business on the private land at the date of the hearing,
(i) damages for business loss resulting from the relocation of the business made necessary by the vesting order, or
(ii) when the Board is of the opinion that it is not feasible for the owner to relocate the owner’s business, an additional amount not exceeding the value of the goodwill of the business;
(h) an allowance for improvements, the value of which is not reflected in the market value of the private land;
(i) if only a portion of the private land vests to the applicant, damages for any adverse effect to the remaining portion of the private land that did not vest to the applicant; and
(j) any other factors the Board considers relevant.
2015, c.38, s.1; 2023, c.6, s.2
Compensation - tenant
2015, c.38, s.1
112.15If a tenant occupies private land that is the subject of an application, the Board shall, when determining the amount of compensation to be paid to the tenant, take into account the costs and allowances referred to in paragraphs 112.14(e), (f), (g) and (h) as is appropriate having regard to
(a) the length of the term of the lease,
(b) the portion of the term remaining,
(c) any rights to renew the tenancy or the reasonable prospects of renewal,
(d) in the case of a business, the nature of the business, and
(e) the extent of the tenant’s investment in the private land.
2015, c.38, s.1; 2023, c.6, s.2
Time limit for registration
2015, c.38, s.1
112.16(1)In order for the vesting order to come into effect, the applicant shall submit the vesting order for registration
(a) if an application has not been made to the Court to review and set aside the Board’s decision, the vesting order or any provision of the vesting order, within 30 days after the period referred to in subsection 114(1) has expired, or
(b) if an application is made to the Court to review and set aside the Board’s decision, the vesting order or any provision of the vesting order,
(i) within 30 days after that application is abandoned, withdrawn, discontinued or dismissed, or
(ii) within the period of time determined by the Court.
112.16(2)If the applicant fails to submit the vesting order for registration within the period referred to in subsection (1), the vesting order is null, void and of no effect and the applicant shall not apply for the issuance of another vesting order with respect to the private land.
2015, c.38, s.1; 2023, c.6, s.2
Pre-registration requirements
2015, c.38, s.1
112.17Prior to submitting a vesting order for registration, the applicant shall
(a) pay all debts, liabilities and taxes owing on the private land,
(b) pay the amount of compensation ordered by the Board to the owner and, if there is a tenant, the tenant, and
(c) provide the registrar of deeds for the county in which the private land is located or the registrar of land titles for the land registration district in which the private land is located, as the case may be, with proof of payment of the debts, liabilities, taxes and compensation in the form and manner required by the Board.
2015, c.38, s.1; 2023, c.6, s.2
Effect of registration
2015, c.38, s.1
112.18(1)A vesting order comes into effect on its registration in the registry office established under the Registry Act for the county in which the private land is located or in the land titles office established in the Land Titles Act for the district in which the private land is located, as the case may be.
112.18(2)On registration of a vesting order, the private land is vested in the applicant in fee simple, free and clear from all encumbrances, other than a right-of-way or easement for the conveyance, transmission or transportation of water, oil, gas, electricity or telecommunication or for the disposal of sewage or any other easement or right-of-way, however created, on, over or in respect of the private land.
112.18(3)A vesting order shall be deemed to be an instrument for the purposes of the Registry Act and the Land Titles Act.
112.18(4)Section 44 of the Registry Act and section 55 of the Land Titles Act do not apply to the registration of a vesting order.
2015, c.38, s.1
Notify Recorder of registration
2015, c.38, s.1
112.19Within 30 days after the registration of the vesting order, the applicant shall notify the Recorder of the registration.
2015, c.38, s.1
Costs and expenses
2015, c.38, s.1
112.2(1)The applicant is liable to pay the costs and expenses incurred by the owner and the Minister in relation to an application and a hearing under this Part.
112.2(2)The costs and expenses incurred by the owner and the Minister in relation to an application and a hearing under this Act include the following:
(a) costs of matters preliminary to the hearing;
(b) expenditures for services and facilities;
(c) the remuneration to the Board and any other person the Board considers necessary to assist the Board in relation to the application and the hearing;
(d) legal costs;
(e) the payment of appearance fees and expenses of witnesses; and
(f) any other cost or charge the Board considers appropriate.
2015, c.38, s.1; 2023, c.6, s.2
Security for costs and expenses
2015, c.38, s.1
112.21(1)Before the hearing, the applicant shall, within the period determined by the Board, deposit security with the Board in the form and amount required by the Board and for which the Board considers appropriate for the payment of costs and expenses incurred by the owner and the Minister.
112.21(2)If the security deposited by the applicant is sufficient to reimburse the owner and the Minister for the costs and expenses incurred by them, the Board shall return to the applicant any amount provided as security for costs and expenses that is not required.
112.21(3)If the security deposited by the applicant is insufficient to reimburse the owner for the costs and expenses incurred by the owner, the Minister shall, without delay, reimburse the owner for those costs and expenses and the Minister may recover the amount of the reimbursement from the applicant in accordance with section 112.22.
2015, c.38, s.1; 2023, c.6, s.2
Certificate for costs and expenses
2015, c.38, s.1
112.22(1)If the security deposited by the applicant is insufficient to reimburse the Minister for the costs and expenses incurred by the Minister and the amount paid by the Minister under subsection 112.21(3), the Minister may send a registered letter to the applicant demanding payment within 30 days after the date the letter is sent.
112.22(2)If payment is not received within the period referred to in subsection (1), the Minister may issue a certificate stating
(a) the amount of the costs and expenses incurred by the Minister and the amount paid by the Minister under subsection 112.21(3), including interest, and
(b) the name and address of the applicant.
112.22(3)The certificate may be filed in the Court 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 a judgment obtained in the Court by the Minister against the applicant for a debt of the amount specified in the certificate.
112.22(4)All reasonable costs and charges attendant on the filing, entering and recording of the certificate shall be recovered as if the amount had been included in the certificate.
112.22(5)From the date on which an amount owed to the Minister under this Part is required to be paid, the amount bears interest at the rate prescribed in subsection 9(1) of New Brunswick Regulation 84-247 under the Revenue Administration Act.
2015, c.38, s.1
XIII
HEARINGS
2023, c.6, s.2
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
Appeals
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
XIV
REGULATIONS
Regulations
115(1)The Lieutenant-Governor in Council may make regulations
(a) respecting returns, reports, plans, maps and statements, to be submitted by the holder of a mineral claim or mining lease or the operator of a mine in relation to work, operations, production and expenditures;
(b) respecting the performance of feasibility studies by holders of mineral claims and mining leases and operators of mines and respecting feasibility study reports;
(c) Repealed: 2009, c.35, s.69
(d) respecting the registration of mineral claims in the registry, including the registration of any renewal, grouping, surrender or transfer of mineral claims, and other documents related to them;
(d.1) respecting the registry, including, but not limited to, the information required to effect registration, the effect of registration, searches in the registry, documents or information for which registration is not required but which must be provided to the Recorder in support of registration and when the documents or information must be provided;
(d.2) respecting instruments submitted to the registry including, but not limited to, the procedures, limitations and the manner of registering mineral claims, as well as the registration of any renewal, grouping, surrender or transfer of mineral claims, and the information to be provided when registering them;
(d.3) specifying any changes to mineral claims under section 48.1 that are not effective until registered in the registry;
(d.4) prescribing the form and amount of the work commitment security deposit and exemptions to the requirement to provide the work commitment security deposit;
(d.5) respecting the method of identifying the land that is subject to a mineral claim, including the establishment of the New Brunswick Mineral and Petroleum Grid;
(e) Repealed: 2009, c.35, s.69
(f) respecting the kind and dollar value of work required in relation to mineral claims and mining leases and the manner and form in which evidence of work shall be submitted;
(g) respecting information to be provided in a notice given under section 63;
(h) respecting the operation of any mine;
(i) respecting the disposal of drill core and cuttings;
(j) respecting conditions for opening, closing, reopening and abandoning mines and for rendering a mine inaccessible;
(k) respecting things and work to be done with respect to protection, reclamation and rehabilitation of the environment before mining commences, during mining and after mining is discontinued;
(l) generally respecting fees payable under this Act and the regulations and prescribing those fees required to be prescribed;
(m) respecting the confidentiality of documents and other information filed or submitted under this Act and the regulations and the period during which such documents and information are to be confidential;
(n) prescribing substances to be minerals or not to be minerals for the purposes of this Act and limiting the application of a regulation made under this paragraph to one or more specific areas of the Province;
(o) prescribing for purposes of section 13 matters over which the Board has jurisdiction;
(p) respecting the forms and amounts of security to be given under this Act, the maintenance of such security and the procedures for the submission, deposit, substitution, renewal, return and forfeiture of such security;
(q) prescribing lands and respecting consents for the purposes of paragraph 109(4)(e);
(r) generally respecting forms to be used for the purposes of this Act and the regulations and prescribing those forms required to be prescribed;
(r.1) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;
(s) respecting royalties, charges and rents payable under this Act and prescribing interest rates for the purposes of this Act;
(s.1) defining any word or phrase used but not defined in this Act;
(t) fixing a date or dates for the purposes of subsections 58(1) and 80(2).
115(1.1)The Lieutenant-Governor in Council may make regulations considered necessary for the purpose of more effectively bringing into operation the registry and to remedy any transitional difficulties encountered in bringing the registry into operation.
115(1.2)A regulation made under subsection (1.1) may be made retroactive to a date not earlier than the date that subsection comes into force.
115(2)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 or periods of time.
1986, c.55, s.11; 1987, c.36, s.4; 1989, c.25, s.11; 2008, c.11, s.19; 2009, c.35, s.69; 2023, c.6, s.2
XV
OFFENCES AND PENALTIES
Offences
116(1)No person shall do any of the following:
(a) without lawful authority under this Act, deface, alter, remove or disturb any picket, boundary line, figure, writing or other mark lawfully placed, standing or made under this Act;
(b) supply any false information under this Act;
(c) obstruct the Minister or an officer appointed under this Act in the execution of their powers and duties;
(d) Repealed: 2008, c.11, s.19
(e) fail to comply with a decision or order made by the Board under this Act.
116(2)Repealed: 2008, c.11, s.19
2008, c.11, s.19; 2009, c.35, s.70; 2023, c.6, s.2
No interference with mining
117(1)No prospector, holder of a mineral claim or mining lease or operator of a mine, or an agent thereof, 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.
117(2)A person’s liability to prosecution for a violation of subsection (1) is in addition to any civil liability.
2008, c.11, s.19
Offences generally
117.1(1)A person who violates or fails to comply with a provision of the regulations commits an offence that is, subject to subsection (2), punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
117.1(2)A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 115(1)(r.1) commits an offence of the category prescribed by regulation.
117.1(3)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
117.1(4)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
2008, c.11, s.19
Continuing offences
118If an offence under this Act or the regulations continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
2008, c.11, s.19
Parties
119Where 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.
1990, c.22, s.31
Liability of corporation
120Nothing in section 119 relieves the corporation that committed an offence under this Act from liability therefor.
Neglect or failure of corporation
121In 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 his employment or instructions, is the act, omission, neglect or failure of the corporation.
Certificate of Recorder as evidence
122(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, without proof of the Recorder’s appointment, authority or signature, admissible in evidence and shall be prima facie proof of the facts stated therein.
122(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 his intention, together with a copy of the certificate.
122(3)A person against whom a certificate referred to in subsection (1) is produced may, with leave of the court or the Board, as the case may be, require the attendance of the Recorder for purposes of cross-examination.
2023, c.6, s.2
XVI
SAVING PROVISIONS
Mining Licences
2023, c.6, s.2
Mining claims
123(1)A mining claim recorded under the previous Act and in effect immediately before the coming into force of this Act shall be deemed to be a mineral claim recorded under this Act with a recording date the same as the recording date of the mining claim under the previous Act, and, subject to subsection (3), all of the provisions of this Act and the regulations with respect to mineral claims and to holders of mineral claims apply to the mining claim and the holder thereof.
123(2)A mining claim staked but not recorded under the previous Act may be recorded as a mineral claim in accordance with this Act and when so recorded the holder thereof and the claim are subject to all of the provisions of this Act and the regulations.
123(3)Section 41 of the previous Act applies to the work required and to the fee in lieu of work in relation to a mining claim referred to in subsection (1) for the term in progress at the time the mining claim becomes a mineral claim under this Act.
123(4)Any excess work credited to a mining claim under the previous Act that is deemed under this section to be a mineral claim under this Act, or that is recorded under this section as a mineral claim under this Act, shall be deemed to be credited to the mineral claim under this Act except that no excess shall be credited beyond the tenth term after the term in which the work was performed.
Mining Licences
Mining licences
124(1)Notwithstanding section 139, a mining licence issued under the previous Act, other than a mining licence issued under subsection 15(2) of that Act, and in effect immediately before the coming into force of this Act continues and, subject to this section and to section 128, the provisions of the previous Act respecting mining licences and the holders thereof apply; but, notwithstanding section 47 of the previous Act, after the coming into force of this Act the mining licence shall not be renewed for more than two terms of one year each.
124(2)Prior to the expiry of a mining licence continued under this section, the holder thereof may, with respect to the whole or any part of land covered by the mining licence,
(a) apply for a mining lease in accordance with section 68, or
(b) stake and record mineral claims in accordance with this Act and the regulations.
124(3)Notwithstanding subsection (2), where production is carried on under a mining licence continued under this section, the holder of the mining licence shall apply, not later than six months before the expiry of the licence, for a mining lease in accordance with section 68, but the Minister may exempt the holder of the mining licence from the requirement to submit a feasibility study report or may require the holder of the mining licence to submit only certain portions of the feasibility study report.
124(4)Where a mining lease is not granted pursuant to an application made in accordance with paragraph (2)(a) or subsection (3), the holder of the mining licence may stake and record mineral claims in accordance with this Act and the regulations with respect to the whole or any part of the land covered by the mining licence.
124(4.1)This section applies to any rights to coal held by the holder of a mining licence issued under the previous Act, and the holder of such a mining licence may, with respect to the whole or any part of land covered by the mining licence,
(a) apply for a mining lease for the mining of minerals including coal under subsection (2) or (3), or
(b) stake and record mineral claims for minerals including coal under subsection (2) or (4),
and may convert a mineral claim staked and recorded under paragraph (b) to a mining lease for minerals including coal in accordance with this Act.
124(5)Upon the staking and recording of one or more mineral claims in accordance with subsection (2) or (4), the Recorder shall credit one hundred dollars towards the required work for each claim so staked and recorded.
124(6)Upon the granting of a mining lease following an application in accordance with subsection (2) or (3) or upon the staking and recording of one or more mineral claims in accordance with subsection (2) or (4), the mining lease or the mineral claim or claims replace the mining licence continued under subsection (1) with respect to the land covered by the mining lease or by the mineral claim or claims and the previous Act has no further application to that land.
124(7)Where a mining licence continued under this section expires, section 60 applies with such changes as are necessary with respect to land not covered by a mining lease granted or a mineral claim or claims staked and recorded in accordance with this section.
124(7.1)Notwithstanding subsection (7), where a mining licence with respect to coal continued under this section expires the land not covered by a mining lease granted or a mineral claim or claims staked and recorded in accordance with this section is withdrawn from prospecting and staking for coal and shall be deemed to be land withdrawn from prospecting and staking under section 25.
124(8)A mineral claim staked and recorded in accordance with this section shall be deemed to be commencing the fifth term on the date of recording.
124(9)Any excess work credited to a mining licence continued under this section may be carried forward to a mineral claim or claims staked and recorded in accordance with this section or to a mining lease granted pursuant to an application under this section, as the case may be, but no excess so carried forward shall be credited beyond the tenth year after the year in which the work was performed.
1986, c.55, s.12
Mining Leases
Mining leases
125(1)Notwithstanding section 139, a mining lease granted under the previous Act, other than a mining lease entered into under subsection 15(2) of that Act, and in effect immediately before the coming into force of this Act continues and, subject to this section and section 128, the provisions of the previous Act respecting mining leases and holders thereof and the terms and conditions of the lease apply.
125(2)After a renewal of a mining lease following continuation under this section, the rent payable and the required work shall be in accordance with this Act.
1986, c.55, s.13
Lands Withdrawn and Agreements
Lands withdrawn and agreements
126(1)Land withdrawn from prospecting and staking for all or certain minerals under section 15 of the previous Act or any predecessor of that section and which continues to be so withdrawn immediately before the coming into force of this section shall be deemed to be land withdrawn from prospecting and staking under section 25 of this Act and the previous Act or any predecessor of that Act has no further application.
126(2)Where immediately before the coming into force of this Act land withdrawn from prospecting and staking under section 15 of the previous Act or any predecessor of that section is being worked, licensed or leased under an agreement or arrangement under subsection 15(2) of that Act or any predecessor of that subsection, the agreement or arrangement, and any licence issued or lease entered into under such agreement or arrangement, continue and shall be deemed to be agreements under section 25 of this Act and the previous Act or any predecessor of that Act has no further application unless the agreement, arrangement, licence or lease otherwise provides.
1986, c.55, s.14
Prospecting Licences
Prospecting licences
127A prospecting licence issued under the previous Act and in effect immediately before the coming into force of this Act shall be deemed to be a prospecting licence issued under this Act and continues to be valid, subject to the provisions of this Act, except that it expires at midnight on the thirty-first day of October next following the date of the licence.
Accumulated Excess Work
Accumulated excess work
128Excess work credited under the previous Act at the coming into force of this Act shall be recalculated at a rate of five dollars for each day of the excess determined in accordance with the previous Act.
XVI.1
TRANSITIONAL PROVISIONS
2023, c.6, s.2
Appointment revoked
2023, c.6, s.2
128.1(1)The appointment of the Mining Commissioner is revoked.
128.1(2)All contracts, agreements or orders relating to the allowance or expenses to be paid to the Mining Commissioner whose appointment is revoked under subsection (1) are null and void.
128.1(3)Despite the provisions of any contract, agreement or order, no remuneration or expenses shall be paid to the Mining Commissioner whose appointment is revoked under subsection (1).
128.1(4)No action, application or other proceeding lies or shall be instituted against the Minister of Natural Resources and Energy Development, the Minister of Finance and Treasury Board or the Crown in right of the Province as a result of the revocation of the appointment of the Mining Commissioner under subsection (1).
2023, c.6, s.2
References
2023, c.6, s.2
128.2A reference to the Mining Commissioner in an Act, other than this Act, or a rule, order, regulation, by-law, agreement or other instrument or document shall be read as a reference to the Board unless the context otherwise requires.
2023, c.6, s.2
Continuation of decisions
2023, c.6, s.2
128.3A decision or order of the Mining Commissioner whose appointment is revoked under subsection 128.1(1) that was valid and of full force and effect immediately before the commencement of this subsection
(a) continues to be valid and of full force and effect, and
(b) shall be deemed to be a decision or order of the Board.
2023, c.6, s.2
Applications made before coming into force of this section
2023, c.6, s.2
128.4(1)On and after the commencement of this section, the Mining Commissioner whose appointment is revoked under subsection 128.1(1) shall deal with any application that was filed with the Mining Commissioner before the commencement of this section despite that the Board would deal with the application if it were filed after the commencement of this section.
128.4(2)The Mining Commissioner whose appointment is revoked under subsection 128.1(1) shall deal with applications under subsection (1) in accordance with the law as it existed immediately before the commencement of this section.
128.4(3)If the Mining Commissioner whose appointment is revoked under subsection 128.1(1) deals with an application referred to in subsection (1), the Mining Commissioner shall be compensated in accordance with the law as it existed immediately before the commencement of this section.
128.4(4) An order or decision made or action taken by the Mining Commissioner whose appointment is revoked under subsection 128.1(1) in accordance with subsection (1) shall be deemed to be an order, decision or action of the Board.
128.4(5)Despite subsection (1), on and after the commencement of this section, the Minister of Natural Resources and Energy Development may direct the Board to deal with an application referred to in subsection (1).
2023, c.6, s.2
Hearings
2023, c.6, s.2
128.5(1)On and after the commencement of this section, the Mining Commissioner whose appointment is revoked under subsection 128.1(1) shall hold all hearings related to any application filed with it before the coming into force of this section despite that the Board would hold the hearing if it were filed after the commencement of this section.
128.5(2)On and after the commencement of this section, the Mining Commissioner whose appointment is revoked under subsection 128.1(1) shall complete a hearing commenced by the Mining Commissioner before the coming into force of this section despite that the Board would hold the hearing if it were commenced after the commencement of this section.
128.5(3)Subject to subsection (7), the Mining Commissioner whose appointment is revoked under subsection 128.1(1) shall hold or complete the hearings under subsections (1) and (2) in accordance with the law as it existed immediately before the commencement of this section.
128.5(4)If the Mining Commissioner whose appointment is revoked under subsection 128.1(1) holds or completes a hearing under subsection (1) or (2), as the case may be, the Mining Commissioner shall be compensated in accordance with the law as it existed immediately before the commencement of this section.
128.5(5)A decision or order made or action taken in accordance with subsection (1) or (2) by the Mining Commissioner whose appointment is revoked under subsection 128.1(1) shall be deemed to be a decision or order or action of the Board.
128.5(6)Despite subsections (1) and (2), on and after the commencement of this section, the Minister of Natural Resources and Energy Development may direct the Board to hold or complete a hearing referred to in subsection (1) or (2).
128.5(7)The hearings held or completed under subsection (6) shall be conducted in accordance with procedures with respect to hearings held by the Board.
2023, c.6, s.2
Transfer of records to Board
2023, c.6, s.2
128.6(1)On the commencement of this section, all records of the Mining Commissioner whose appointment is revoked under subsection 128.1(1) related to final decisions made by the Mining Commissioner and for which the period for judicial review to the Court of Appeal of New Brunswick has not expired are transferred to the Board.
128.6(2)The records of the Mining Commissioner whose appointment is revoked under subsection 128.1(1) related to an application dealt with by the Board under subsection 128.4(5) are transferred to the Board when the Minister of Natural Resources and Energy Development directs that it deal with the application.
128.6(3)The records of the Mining Commissioner whose appointment is revoked under subsection 128.1(1) related to a hearing held or completed by the Board under subsection 128.5(6) are transferred to the Board when the Minister of Natural Resources and Energy Development directs that it hold or complete the hearing, as it my be.
2023, c.6, s.2
XVII
CONSEQUENTIAL AMENDMENTS
Assessment Act
129Section 14 of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended
(a) by striking out the words “real property comprised of Crown timber lands, mining leases, licences or claims” where they appear in subsection (8) thereof and substituting therefor the words “real property comprised of Crown timber lands or lands covered by mining leases or licences or mining or mineral claims or mining rights granted under the Ownership of Minerals Act or section 25 of the Mining Act or any predecessor of that section”;
(b) by striking out the words “real property comprised of Crown timber lands, mining leases, licences or claims” where they appear in subsection (9) thereof and substituting therefor the words “real property comprised of Crown timber lands or lands covered by mining leases or licences, mining or mineral claims or mining rights granted under the Ownership of Minerals Act or section 25 of the Mining Act or any predecessor of that section”.
Bituminous Shale Act
130Subsection 12(2) of the Bituminous Shale Act, chapter B-4.1 of the Acts of New Brunswick, 1976, is amended by striking out the words “any licensee or lessee, under the Mining Act or the Oil and Natural Gas Act” where they appear therein and substituting therefor the words “any holder of a mining or mineral claim or mining lease under the Mining Act, any holder of a mining licence or mining lease continued under the Mining Act, any holder of a mining right granted under the Ownership of Minerals Act or section 25 of the Mining Act or any predecessor of that section, or any licensee or lessee under the Oil and Natural Gas Act.
Elevators and Lifts Act
131Section 2 of the Elevators and Lifts Act, chapter E-6 of the Revised Statutes, 1973, is amended by striking out the words “Mining Act” where they appear therein and substituting therefor the words Occupational Health and Safety Act.
Grand Lake Development Act
132The Grand Lake Development Act, chapter G-4 of the Revised Statutes, 1973, is repealed.
Metallic Minerals Tax Act
133(1)Section 1 of the Metallic Minerals Tax Act, chapter M-11.01 of the Revised Statutes, 1973, is amended
(a) by repealing the definition “director”;
(b) by repealing the definition “mining right” and substituting therefor the following:
“mining right” means a mining or mineral claim, a mining licence or lease or a right granted under the Ownership of Minerals Act, section 25 of the Mining Act or any predecessor of that section or in a Crown grant;(droit minier)
133(2)Paragraph 2.1(6)(k.1) of the said Act is amended by striking out the word “director” where it appears therein and substituting therefor the words “mine assessor”.
133(3)Subsection 5(6) of the said Act is repealed.
133(4)Section 6 of the said Act is amended by striking out the word “director” where it appears in paragraphs (1)(a) and (c) and subsection (2) thereof and substituting therefor the words “mine assessor”.
133(5)Section 7 of the said Act is amended by striking out the word “director” where it appears therein and substituting therefor the words “mine assessor”.
133(6)Section 8 of the said Act is amended
(a) by striking out the word “director” where it appears in subsection (1) thereof and substituting therefor the words “mine assessor”;
(b) by striking out the words “The director or any mine assessor” where they appear in subsection (4) thereof and substituting therefor the words “Any mine assessor”;
(c) by striking out the words “director or” where they appear in subsection (5) thereof.
133(7)Paragraph 10(2)(b) of the said Act is amended by striking out the word “director” where it appears therein and substituting therefor the word “Minister”.
133(8)Section 12, subsection 13(1), section 14, subsections 15(1), 16(2), 17(1), 17(3), 18(2), 18(4), 18(7), 25(1) and 26(1) of the said Act are amended by striking out the word “director” wherever it appears therein and substituting therefor the word “mine assessor”.
133(9)Paragraph 30(a) of the said Act is amended by striking out the words “the director,” where they appear therein.
133(10)Section 31 of the said Act is amended by striking out the words “, the lessee of a mining claim,” and “the director,” where they appear therein.
Oil and Natural Gas Act
134Subsection 16(3) of the Oil and Natural Gas Act, chapter O-2.1 of the Acts of New Brunswick, 1976, is amended by striking out the words “any licensee or lessee under the Bituminous Shale Act or the Mining Act” where they appear therein and substituting therefor the words “any holder of a mining or mineral claim or mining lease under the Mining Act, any holder of a mining licence or mining lease continued under the Mining Act, any holder of a mining right granted under the Ownership of Minerals Act or section 25 of the Mining Act or any predecessor of that section or any licensee or lessee under the Bituminous Shale Act.
Ownership of Minerals Act
135(1)Section 5 of the Ownership of Minerals Act, chapter O-6 of the Revised Statutes, 1973, is amended by striking out the words “a mining licence or lease of the mining rights” where they appear therein and substituting therefor the words “mining rights”.
135(2)Section 9 of the said Act is repealed and the following substituted therefor:
9No order made under this Act shall be construed to affect any mining licence or lease made or issued under Chapter 31 of The Consolidated Statutes, 1903, or any mineral claim, mining licence, mining lease or other mining right acquired, granted or continued under the Mining Act.
Pipe Line Act
136Section 1 of the Pipe Line Act, chapter P-8.1 of the Acts of New Brunswick, 1976, is amended by repealing the definition “mineral” and substituting therefor the following:
“mineral” means any natural, solid, inorganic or fossilized organic substance and such other substances as are prescribed by regulation to be minerals, but does not include(minéral)
(a) sand, gravel, clay or soil unless it is to be used for its chemical or special physical properties, or both, or where it is taken for contained minerals,
(b) ordinary stone used for building or construction,
(c) peat or peat moss,
(d) bituminous shale, oil shale, albertite or intimately associated substances or products derived therefrom,
(e) oil or natural gas, or
(f) such other substances as prescribed by regulation not to be minerals.
Security Frauds Prevention Act
137(1)Paragraph 7(i) of the Security Frauds Prevention Act, chapter S-6 of the Revised Statutes, 1973, is amended by striking out the words “mining licence or lease” where they appear therein and substituting therefor the words “mineral claim, mining licence or lease”.
137(2)Subsection 24(3) of the said Act is amended by striking out the words “land or mining claims” and “land or claims” wherever they appear therein and substituting therefor the words “land or mining rights”.
Underground Storage Act
138Subsection 9(5) of the Underground Storage Act, chapter U-1.1 of the Acts of New Brunswick, 1978, is amended by striking out the words “the Bituminous Shale Act, the Quarriable Substances Act or the Mining Act” where they appear therein and substituting therefor the words “the Bituminous Shale Act or the Quarriable Substances Act, any holder of a mining or mineral claim or mining lease under the Mining Act, any holder of a mining licence or mining lease continued under the Mining Act, or any holder of a mining right granted under the Ownership of Minerals Act or section 25 of the Mining Act or any predecessor of that section”.
Repeal
139The Mining Act, chapter M-14 of the Revised Statutes, 1973, is repealed.
Transitional
140After the coming into force of this section, no mining lease shall be issued under the Mining Act, chapter M-14 of the Revised Statutes, 1973, unless before the coming into force of this section an application has been made under section 51 of that Act for a lease and the Recorder has issued an order of survey under section 31 of that Act in relation to the mining claim, group of contiguous mining claims or mining licence that is the subject of the application.
Commencement
141(1)Subject to subsection (2), this Act or any provision thereof comes into force on a day to be fixed by proclamation.
141(2)Section 140 of this Act comes into force on Royal Assent.
SCHEDULE A
Column I
Column II
Section
Category of Offence
19(2)(a)..............
F
19(2)(b)..............
F
28..............
E
34..............
C
44..............
C
58(1)..............
C
62(2)..............
C
63..............
C
65..............
D
67..............
E
71(1)..............
C
76(1)..............
C
76(2)..............
E
77(1)..............
E
77(2)..............
H
78(a)..............
E
78(b)..............
E
79..............
C
80(1)..............
C
80(2)..............
C
81..............
C
82..............
E
87(1)..............
I
99.89(1)..............
E
108(4)..............
E
108(5)..............
E
109(3.3)..............
E
109(3.4)..............
E
109(4)..............
E
109(6)..............
E
110(1)..............
E
110(2.2)..............
E
110(4)..............
E
110(5)..............
E
111(2)..............
C
112(2)..............
C
116(1)(a)..............
C
116(1)(b)..............
F
116(1)(c)..............
E
116(1)(e)..............
E
117(1)..............
E
2008, c.11, s.19; 2009, c.35, s.71
N.B. This Act was proclaimed and came into force July 6, 1986.
N.B. This Act is consolidated to June 16, 2023.