Prospector’s Assistance Terms and Conditions Order (SOR/81-145)

Short Title

1 This Order may be cited as the Prospector’s Assistance Terms and Conditions Order.

Interpretation

2 In this Order,

assisted prospector

assisted prospector means a prospector to whom assistance is provided under this Order; (prospecteur subventionné)

Board

Board means,

• (a) in relation to matters pertaining to assistance to prospectors prospecting or intending to prospect in the Yukon Territory, the Prospectors’ Assistance Board established under section 6, and

• (b) in relation to matters pertaining to assistance to prospectors prospecting or intending to prospect in the Northwest Territories, the Prospectors’ Assistance Board established under section 7; (Commission)

Director

Director means the Director of the Northern Non-Renewable Resources Branch of the Department; (Directeur)

Department

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

field work

field work means the work performed in the search for occurrences of mineral deposits other than placer; ((travail sur le terrain))

fiscal year

fiscal year means the period beginning on and including the 1st day of April in any year and ending on and including the 31st day of March in the year following. (exercice financier)

Application

3 This Order applies only to prospectors prospecting or intending to prospect in the Yukon Territory or the Northwest Territories.

Application for Assistance

• 4 (1) Every prospector requesting financial assistance under this Order, shall, prior to June 1 of the fiscal year for which he is requesting assistance, submit to the Mining Recorder for the area in which he intends to prospect

  • (a) an application in the form set out in Schedule I containing the information required by that form; and

  • (b) a sketch map of the area or areas in which the applicant intends to prospect.

• (2) Each Mining Recorder shall forward all applications submitted to him pursuant to subsection (1) to the Board with his recommendations.

5 No prospector under the age of 21 years is eligible for assistance under this Order unless he intends to carry out field work in the company of an experienced prospector who is 21 years of age or older.

Prospectors’ Assistance Boards

6 A Prospectors’ Assistance Board is hereby established for the Yukon Territory consisting of

• (a) the Supervising Mining Recorder for the Yukon Territory, who shall be Chairman of the Board;

• (b) the Regional Mining Engineer;

• (c) the Regional Geologist; and

• (d) not more than two other members, to be appointed by the Director from among the nominees of mining or prospecting associations that are active in the Yukon Territory and acceptable to the Director.

7 A Prospectors’ Assistance Board is hereby established for the Northwest Territories consisting of

• (a) the Supervising Mining Recorder for the Northwest Territories, who shall be Chairman of the Board;

• (b) the Regional Mining Engineer;

• (c) the Regional Geologist; and

• (d) not more than two other members, to be appointed by the Director from among the nominees of mining or prospecting associations that are active in the Northwest Territories and acceptable to the Director.

Duties of the Board

• 8 (1) The Board shall

  • (a) consider each application for assistance and determine the amount of financial aid required by each applicant;

  • (b) where it deems necessary, require an applicant to take a simple test to establish his knowledge of prospecting; and

  • (c) recommend the approval or rejection of any application, as it sees fit.

• (2) The Board shall advise each applicant of the disposition of his application and, in the case of a successful applicant, advise him of the amount of assistance that it has recommended and whether it has recommended the payment of an advance.

• (3) In considering each application for assistance the Board shall give preference to Canadian citizens and permanent residents as defined in the Immigration Act, 1976.

• 9 (1) In calculating the amount of assistance to be recommended in respect of a prospector, the Board shall allow

  • (a) for all expenses, other than travelling expenses, a sum not exceeding $1,500; and

  • (b) for travelling expenses, a sum not exceeding $2,000.

• (2) The Board may allow a per diem allowance of $25 to be included in the allowable expenses under paragraph (1)(a) as a personal labour cost in respect of the period spent by a prospector in field work.

10 The Chairman of the Board shall, pursuant to the recommendation of the Board, authorize the granting of assistance to a prospector

• (a) at the beginning of the prospecting season, of the whole or a portion of the recommended amount; and

• (b) at the end of the prospecting season, of an amount not exceeding the balance of the amount recommended by the Board, or such part thereof as may be sufficient, in the opinion of the appropriate Review Committee, to reimburse the prospector for his field work expenses.

11 The Board shall arrange for a Mining Engineer of the Department or the Regional Geologist or both to visit each assisted prospector in the field and provide supervision and technical assistance to each such prospector.

Review Committee

12 The Chairman of the Board, the appropriate Regional Mining Engineer and the appropriate Regional Geologist constitute a Review Committee in their respective territories and shall

• (a) review all statements of expenditures, diaries or other information submitted by each assisted prospector as evidence of his prospecting activities;

• (b) recommend reimbursement to any assisted prospector at the end of the prospecting season if such reimbursement, in its opinion, is necessary; and

• (c) maintain records of all payments to prospectors made in each fiscal year and all statements of expenditures together with supporting invoices and documents.

Requirements for Assistance

13 Each assisted prospector shall

• (a) spend not less than 60 days prospecting within the area described in his application for assistance during the fiscal year for which he applied for assistance;

• (b) keep a daily diary of his activities in a form prescribed by the Director;

• (c) keep sketches and maps showing mineral occurrences, location of trenches and drill holes and any other type of field work performed within the area prospected by him; and

• (d) submit to the appropriate Review Committee at the end of the prospecting season the diary, sketches and maps described in paragraphs (b) and (c) and a statement of expenditures in the form set out in Schedule II, together with supporting invoices and other documents.

Failure to Comply

• 14 (1) It shall be a condition of every grant of assistance to a prospector under this Order that if he fails to comply with paragraph 13(a), any advance of moneys received by him pursuant to paragraph 10(a) shall, subject to subsection (2), be repaid by him to Her Majesty.

• (2) If the Committee is satisfied that 60 days prospecting could not be completed by an assisted prospector owing to reasons beyond his control, the Committee may approve the retention by the prospector of any amount already paid to him and the payment of such further amount as the Committee may deem fit.