RELATED PROVISIONS

• — SOR/99-219

  • 11. (1) Notwithstanding subsection 67(1) of the Regulations as amended by section 5, the operator of a mine the fiscal year of which does not end on May 14, 1999 shall deliver to the Chief, for the fiscal year of the mine during which these Regulations come into force,

    • (a) both

      • (i) a mining royalty return for the portion of the fiscal year occurring before the coming into force of these Regulations, on Form 18 of Schedule III as it read before the coming into force of these Regulations and calculated in accordance with section 65 of the Canada Mining Regulations as it read before the coming into force of these Regulations, and

      • (ii) a mining royalty return for the portion of the fiscal year occurring after the coming into force of these Regulations, on a form prescribed by the Minister under section 28 of the Territorial Lands Act and calculated in accordance with section 65 and subsection 67.1(2) of the Regulations, as amended by section 5; or

    • (b) a mining royalty return for the entire fiscal year, on a form prescribed by the Minister under section 28 of the Act, with the information required by section 67 of the Regulations, and the royalties payable calculated in accordance with sections 65 to 65.2 and subsection 67.1(2) of the Regulations, as amended by section 5.

  • (2) For the purposes of calculating the royalty payable for a period referred to in subparagraph (1)(a)(i),

    • (a) the depreciation allowance and the preproduction allowance shall be a percentage equal to 15 per cent multiplied by one-twelfth times the number of complete and partial months in the fiscal year before the coming into force of these Regulations;

    • (b) the processing allowance shall be a percentage equal to 8 per cent multiplied by one twelfth times the number of complete and partial months in the fiscal year before the coming into force of these Regulations; and

    • (c) the dollar amounts in paragraphs 65(1)(a) to (d) of the Canada Mining Regulations as they read before the coming into force of these Regulations shall be reduced by multiplying each amount by one-twelfth times the number of complete and partial months in the fiscal year before the coming into force of these Regulations.

  • (3) For the purposes of calculating the royalty payable for a period referred to in subparagraph (1)(a)(ii),

    • (a) the processing allowance shall be a percentage equal to 8 per cent multiplied by one twelfth times the number of complete months in the fiscal year after the coming into force of these Regulations; and

    • (b) the dollar amounts in column I of the table to subsection 65(1) of the Regulations as amended by section 5 shall be reduced by multiplying each amount by one-twelfth times the number of complete months in the fiscal year after the coming into force of these Regulations.

  • (4) For the purposes of paragraph 65.1(1)(g) of the Regulations as amended by section 5, the cost of a depreciable asset of a mine that was not used in the production of the output of the mine is not eligible for depreciation allowance if the cost was incurred before the coming into force of these Regulations.

  • (5) Where an operator files a mining royalty return under paragraph (1)(b) for the entire fiscal year, the cost of a depreciable asset of a mine that was not used in the production of the output of the mine is not eligible for depreciation allowance if the cost was incurred before the beginning of that fiscal year.

  • (6) Notwithstanding subsections (4) and (5), all depreciable assets of a mine that commences production on or after August 29, 1998 are eligible for a depreciation allowance, including costs in respect of those assets incurred before the coming into force of these Regulations.

  • (7) Notwithstanding subsection 67.2(1) of the Regulations as amended by section 5, in respect of any fiscal year of a mine that ended before the coming into force of these Regulations, the Chief may send to the operator of the mine a notice of assessment of royalties payable for that fiscal year that is different from the royalties paid for that fiscal year within six years after the coming into force of these Regulations.

• — SOR/2007-273, s. 38

  • 38. (1) Despite subsection 67(1) of the Canada Mining Regulations, as amended by section 25 of these Regulations, the operator of a mine for a fiscal year that has not ended on the day on which these Regulations come into force shall deliver to the Chief, for that year,

    • (a) both

      • (i) a mining royalty return for the portion of the fiscal year occurring before the coming into force of these Regulations, on a form prescribed by the Minister under section 28 of the Territorial Lands Act, with the royalties calculated in accordance with sections 65 and 65.1 of the Canada Mining Regulations as they read immediately before the coming into force of these Regulations, and

      • (ii) a mining royalty return for the portion of the fiscal year occurring after the coming into force of these Regulations, on a form prescribed by the Minister under section 28 of the Territorial Lands Act, with the royalties calculated in accordance with sections 65 and 65.1 of the Canada Mining Regulations, as amended by sections 21 and 22 of these Regulations; or

    • (b) a mining royalty return for the entire fiscal year, on a form prescribed by the Minister under section 28 of the Territorial Lands Act, with the royalties calculated in accordance with sections 65 and 65.1 of the Canada Mining Regulations, as amended by sections 21 and 22 of these Regulations.

  • (2) For the purposes of calculating the royalties payable for a period referred to in subparagraph (1)(a)(i),

    • (a) the processing allowance shall be a percentage equal to 8% multiplied by one-twelfth times the number of complete and partial months in that portion of the fiscal year before the day on which these Regulations come into force; and

    • (b) the amounts set out in column I of the table to subsection 65(1) of the Canada Mining Regulations shall be multiplied by one-twelfth times the number of complete and partial months in that portion of the fiscal year before the day on which these Regulations come into force.

  • (3) For the purposes of calculating the royalty payable for a period referred to in subparagraph (1)(a)(ii),

    • (a) the processing allowance shall be a percentage equal to 8% multiplied by one-twelfth times the number of complete months remaining in the fiscal year after the day on which these Regulations come into force; and

    • (b) the dollar amounts set out in column I of the table to subsection 65(1) of the Canada Mining Regulations shall be multiplied by one-twelfth times the number of complete months remaining in the fiscal year after the day on which these Regulations come into force.

  • (4) For the purposes of paragraph 65.1(1)(g) of the Canada Mining Regulations, as amended by subsection 22(3) of these Regulations, the original cost of the depreciable assets of any facilities located outside the Territories that are used for the processing of minerals or processed minerals produced from the mine during the fiscal year in which these Regulations come into force shall be added to the undeducted balance of depreciable assets eligible for a depreciation allowance.