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

Regulations are current to 2017-11-20

  •  (1) Where assessment work of the value required under subsection 13(1) is not performed, the permittee shall make a cash payment to the Receiver General in an amount equal to the difference between the value of assessment work performed and the value of assessment work required to be performed.

  • (2) Where the value of assessment work performed during the term of a permit or an extension thereof exceeds the value of assessment work required to be performed pursuant to subsection 13(1), the Supervisor may credit the excess value of the assessment work performed to the value of the assessment work required to be performed

    • (a) pursuant to subsection 13(1) during any extension or further extension of the permit; or

    • (b) pursuant to any lease or leases that the permittee may acquire with respect to all or any part of his permit area.

  •  (1) Every permittee shall, within 90 days following the expiry of his permit and following any extension thereof, forward to the Supervisor a certified statement in duplicate itemizing the assessment work performed and the cost of performing such work during the term of his permit and any extension thereof together with any cash payment that may be required pursuant to subsection 14(1).

  • (2) Every permittee shall, within six months following the expiry of his permit and following any extension thereof, forward to the Supervisor copies in duplicate of all maps and technical information that serve to record the assessment work performed for the term of his permit and any extension thereof together with a report of the results obtained from the performance of that assessment work.

  • (3) Where the Supervisor is not satisfied with the statements, maps or technical information submitted under subsection (1) or (2), he may require the permittee to submit additional information.

Test Shipments

  •  (1) Subject to subsection (2), no permittee shall produce minerals from his permit area.

  • (2) A permittee may, with the written consent of the Supervisor and subject to such terms and conditions as the Supervisor may prescribe in writing, produce and ship reasonable amounts of minerals for testing purposes only.

Leases

Selection

 Where a permittee, during the term of his permit or any extension thereof, desires to obtain a lease in respect of his permit area or any part thereof, he shall make an application in duplicate therefor to the Supervisor.

  •  (1) An application for a lease referred to in section 17

    • (a) shall be in a form satisfactory to the Division Chief;

    • (b) shall contain a legal description in accordance with subsection (2) or (3) of the lands in respect of which a lease is desired; and

    • (c) shall be accompanied by

      • (i) the fee therefor set out in the schedule payable to the Receiver General, and

      • (ii) the rental for the first year of the lease in accordance with section 24.

  • (2) Subject to subsection (3), lands referred to in subsection (1) shall be described by

    • (a) section, legal subdivision, lot or aliquot part of a lot if such lands lie within a subdivided area; or

    • (b) projected section, legal subdivision, lot or aliquot part of a lot if such lands do not lie within a subdivided area.

  • (3) Where the boundaries of a permit area or part thereof in respect of which a lease is desired do not correspond with a township survey or other legal survey or any projection thereof, the Division Chief may allow the land therein to be described by means of irregular boundaries.

 Where a permittee has made an application for a lease in accordance with sections 17 and 18 and has complied with these Regulations and with the terms and conditions of his permit, the Division Chief shall issue a lease to him.

Entitlement

 Every lessee who has complied with the provisions of these Regulations is entitled to all minerals found within his lease area, subject to any condition of his permit or lease acquired under section 5 or 6.

Surveys

 Where, in the opinion of the Division Chief, it is necessary that lands in respect of which a lease is desired be surveyed for the purpose of issuing a lease pursuant to section 19, the Division Chief may require the applicant for the lease to have the boundaries of such lands surveyed by a commissioned land surveyor acting under instructions from the Surveyor General of Canada.

  •  (1) Where a lease area is not surveyed before the issuance of a lease, but is subsequently surveyed by a land surveyor acting under the instructions of the Surveyor General of Canada, the Division Chief may amend the description in the lease to conform to the description supplied by the Surveyor General of Canada.

  • (2) Where the description in a lease is amended under subsection (1), the Division Chief shall forward to the lessee, by registered mail, a copy of the amended description.

  • (3) The description of lands in a lease referred to in subsection (1) shall be deemed to have been amended on the 30th day after a copy of the amended description was forwarded to the lessee by registered mail.

Term of Lease

  •  (1) Subject to subsection (2), every lease expires 10 years from the date upon which it was issued unless otherwise provided in the invitation to tender under section 5 or in the lease issued under section 6 or pursuant to section 19.

  • (2) Where, before the expiration of a lease or a renewal thereof, a lessee applies to the Division Chief for a renewal or further renewal of the lease, and where the lessee has complied with these Regulations and with the terms and conditions of the lease or renewal thereof, the Division Chief shall issue the renewal or further renewal of the lease

    • (a) for such renewal term as may be specified in the lease or, if no renewal term is specified in the lease, for a term of 10 years; or

    • (b) for such shorter term than that specified in paragraph (a) as the lessee may request.

  • (3) For the purposes of subsection (2), the Division Chief may allow a lessee to group two or more of his leases within any one reserve.

  • (4) [Revoked, SOR/90-468, s. 1]

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

  • SOR/90-468, s. 1.

Rental

 A lessee shall pay annual rental in advance to the Receiver General at the rate of $2 for each acre in the lease area or at such other rate as may be specified in the invitation to tender under section 5 or in the lease issued under section 6 or pursuant to section 19.

Security Deposit

  •  (1) No lease 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 lease to be issued under section 6 or pursuant to section 19.

  • (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 the Division Chief is satisfied that a lessee has complied with these Regulations and with the terms and conditions of his lease or any renewal thereof, he may, during the term of the lease, and shall, on the expiry or surrender thereof, direct that the security deposit or a portion thereof deposited pursuant to subsection 25(1) be returned to the lessee.

Assessment Work

  •  (1) During each year of the term of his lease and any renewal thereof, every lessee shall perform assessment work acceptable to the Supervisor of the value of $2 for each acre in the lease area, or of such other value as may be specified in the invitation to tender under section 5 or in the lease issued under section 6 or pursuant to section 19.

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

  •  (1) Where, during any year of a lease, assessment work of the value required under subsection 27(1) is not performed, the lessee shall make a cash payment to the Receiver General in an amount equal to the difference between the value of assessment work performed during that year and the value of the assessment work required to be performed.

  • (2) Where the value of assessment work performed during any year of a lease exceeds the value of assessment work required to be performed under subsection 27(1), the Supervisor may credit the excess value of the assessment work performed to the value of the assessment work required to be performed pursuant to subsection 27(1) in any succeeding year or years up to 10 years from the year in which the assessment work was performed.

  •  (1) Every lessee shall, within 90 days following the completion of each year of the term of his lease or any renewal thereof, forward to the Supervisor a certified statement in duplicate itemizing the assessment work performed and the cost of performing such work during the year most recently completed, together with any cash payment that may be required pursuant to subsection 28(1).

  • (2) Every lessee shall, within six months following the completion of each year of the term of his lease or any renewal thereof, forward to the Supervisor copies in duplicate of all maps and technical information that serve to record the assessment work performed for the year most recently completed, together with a report of the results obtained from the performance of that assessment work.

 
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