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
“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,
(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)
“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