Indian Mining Regulations (C.R.C., c. 956)

Regulations are current to 2017-09-27

Indian Mining Regulations

C.R.C., c. 956

INDIAN ACT

Regulations Providing for the Disposition of Surrendered Minerals Underlying Lands in Indian Reserves

Short Title

 These Regulations may be cited as the Indian Mining Regulations.

Interpretation

  •  (1) In these Regulations,

    Act

    Act means the Indian Act; (Loi)

    assessment work

    assessment work means work performed that in the opinion of the Supervisor was performed for the purpose of discovering and developing minerals in a permit area or lease area and includes

    • (a) geological, geophysical, geochemical and similar surveys,

    • (b) core drilling, churn drilling and any other drilling method when used to provide geological information,

    • (c) removing overburden,

    • (d) drifting, crosscutting, shaft sinking, raising and similar underground work,

    • (e) road building, and

    • (f) any other type of work approved by the Supervisor; (travaux statutaires)

    Department

    Department means the Department of Indian Affairs and Northern Development; (ministère)

    Division Chief

    Division Chief means the Chief, Oil and Mineral Division of the Development Branch of the Department or any person authorized by him; (chef de la Division)

    lease

    lease means a lease issued pursuant to section 5, 6 or 19 granting the right to explore for, develop and produce minerals within the lease area; (bail)

    lease area

    lease area means the tract of land or location described in a lease; (étendue visée par un bail)

    lessee

    lessee means a person who holds a lease; (preneur)

    minerals

    minerals means naturally occurring metallic and non-metallic minerals and rock containing such minerals, but does not include petroleum, natural gas and other petroliferous minerals or any unconsolidated minerals such as placer deposits, gravel, sand, clay, earth, ash, marl and peat; (minéraux)

    Minister

    Minister means the Minister of Indian Affairs and Northern Development; (ministre)

    permit

    permit means a permit issued under section 5 or 6 granting the right to explore for and develop minerals within the permit area; (permis)

    permit area

    permit area means the tract of land or location described in a permit; (étendue visée par un permis)

    permittee

    permittee means a person who holds a permit; (détenteur de permis)

    person

    person means a person who has attained the age of 21 years or a corporation registered or licensed in Canada or in any province thereof; (personne)

    Supervisor

    Supervisor means the Supervisor of Indian Minerals for the Oil and Mineral Division of the Development Branch of the Department, or any person authorized by him; (Surveillant)

    treatment

    treatment means concentrating, smelting, refining or any similar process but does not include washing, screening, conveying, loading or other handling methods when they are not combined with treatment. (traitement)

  • (2) For the purposes of these Regulations, section and legal subdivision have the same meanings as in Part II of the Canada Lands Surveys Act.

Application

 These Regulations apply with respect to surrendered mines and minerals underlying lands in a reserve, but do not apply with respect to surrendered mines and minerals underlying lands in a reserve that is situated in the Province of British Columbia.

Compliance with Provincial Laws

 Every permittee and every lessee shall comply with the laws of the province in which his permit area or lease area is situated where such laws relate to exploration for, or development, production, treatment and marketing of minerals and do not conflict with these Regulations.

Disposition of Mineral Rights

  •  (1) The Division Chief may, by public advertisement or in such other manner as he considers advisable, invite tenders for mineral rights on such terms and conditions as he deems proper.

  • (2) Where tenders have been submitted in compliance with the terms and conditions set forth by the Division Chief, the Division Chief may issue a permit or lease to the person submitting the highest tender or may reject all tenders.

  •  (1) Notwithstanding section 5, the Division Chief may, with the consent of the council of the band for whose use and benefit lands have been set apart and subject to such terms and conditions as the council of the band may approve, issue a permit or lease with respect to minerals underlying such lands to any person upon application therefor.

  • (2) Every application for a permit or lease shall be accompanied by the fee therefor set out in the schedule payable to the Receiver General.

Permits

Term of Permit

  •  (1) Subject to subsection (2), every permit expires one year from the date upon which it was issued.

  • (2) Where before the expiration of his permit a permittee makes an application in a form satisfactory to the Supervisor for extension thereof, the Supervisor, upon being satisfied that the permittee has complied with these Regulations, and with the terms and conditions of his permit, shall extend that permit for a period of one year or for such shorter period of time as the permittee may request.

  • (3) Every application for extension of a permit shall contain

    • (a) a summary of the work that has been done under the permit and the most recent extension thereof; and

    • (b) a summary of the work that the permittee proposes to do if the permit is extended.

 A permittee shall not be entitled to more than three extensions of his permit unless

  • (a) the invitation to tender under section 5 or the permit issued under section 6 states that more than three extensions may be granted; or

  • (b) in the opinion of the Supervisor, the extension of the permit is required to complete exploration work in the permit area and assessment work has been performed satisfactorily.

 Where, within 30 days after the date upon which a permit expires, the holder of the expired permit makes an application to the Supervisor for reinstatement and extension of that permit, the Division Chief may at the request of the Supervisor reinstate and extend that permit for a period not exceeding one year from the date upon which it expired.

Rental

  •  (1) A permittee shall pay, unless otherwise provided in the invitation to tender under section 5 or in the permit issued under section 6, the rent for the initial term of his permit or an extension thereof, as the case may be, in advance to the Receiver General and such rent shall be payable at the rate of

    • (a) $0.25 for each acre in the permit area in respect of the initial term of his permit;

    • (b) $0.04 per month for each acre in the permit area in respect of each of the first, second and third extensions of his permit; and

    • (c) $0.08 per month for each acre in the permit area in respect of any further extension.

  • (2) Where a permittee is issued a lease pursuant to section 19, the Division Chief shall direct the return to the permittee of any rent paid pursuant to subsection (1) that applies to the unexpired term of the permit or extension thereof, as the case may be, that was issued for the area taken under the lease.

Security Deposit

  •  (1) No permit shall be issued to any person unless that person has deposited with the Division Chief a security deposit in such amount or at such rate, if any, as may be specified in the invitation to tender under section 5 or in the permit to be issued under section 6.

  • (2) A security deposit shall be in the form of money, bonds or promissory notes payable to the Receiver General on demand at a chartered bank or in such other form as the Division Chief deems proper.

 Where a permit expires or is surrendered, the Division Chief, upon being satisfied that the permittee has complied with these Regulations and with the terms and conditions of his permit, shall direct that any security deposit deposited pursuant to subsection 11(1) be returned to the permittee.

Assessment Work

  •  (1) During the initial term of his permit or during any extension thereof, as the case may be, every permittee shall perform assessment work acceptable to the Supervisor, of the value of

    • (a) $0.50 for each acre in the permit area during the initial term of his permit, and

    • (b) $1 for each acre in the permit area during the term of each extension of his permit,

    or of such other value as may be specified in the invitation to tender under section 5 or in the permit issued under section 6.

  • (2) Where, in his opinion, assessment work performed near a permit area serves to evaluate the mineral potential of the permit area, the Supervisor may deem the whole or any part of the value of that work to be assessment work performed in the permit area.

 
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