Alberta Regulation 262/2022

Alberta Health Care Insurance Act

OUT-OF-COUNTRY HEALTH SERVICES (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: December 21, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 412/2022)

on December 21, 2022 pursuant to sections 16 and 33 of the Alberta Health Care

Insurance Act.

1 The Out-of-Country Health Services Regulation

(AR 78/2006) is amended by this Regulation.

Section 14 is amended by striking out "November 30, 2023"

and substituting "November 30, 2028".

--------------------------------

Alberta Regulation 263/2022

Protection for Persons in Care Act

PROTECTION FOR PERSONS IN CARE (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: December 21, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 414/2022)

on December 21, 2022 pursuant to

section 26 of the Protection for Persons in Care

Act.

1 The Protection for Persons in Care Regulation

(AR 97/2010) is amended by this Regulation.

Section 5 is amended by striking out "June 30, 2023" and

substituting "June 30, 2028".

Alberta Regulation 264/2022

Mineral Resource Development Act

MINERAL RESOURCE DEVELOPMENT REGULATION

Filed: December 21, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 415/2022)

on December 21, 2022 pursuant to

section 55 of the Mineral Resource Development

Act.

Table of Contents

Definitions for purposes of Act

2 Prescribed exclusions

3 Prohibition - wells completed above

the base of groundwater protection

4 Expiry

5 Coming into force

Definitions for purposes of Act

1 For the purposes of the Act,

(a) "enhanced recovery" means the increased recovery of a

mineral resource achieved by artificial means or by the

application of energy extrinsic to the fluids within an

underground formation, which artificial means or application

includes pressuring, cycling, pressure maintenance or

injection to the underground formation of a substance or

form of energy, but does not include the injection in a well of

a substance or form of energy for the sole purpose of

(

i) aiding in the lifting of fluids in the well, or

(ii) stimulation of the underground formation at or near the

well by mechanical, chemical, thermal or explosive

means;

(b) "mineral resources" includes solid substances or elements

extracted or recovered from soluble components naturally

dissolved in groundwater as defined in the Water Act;

(c) "wasteful operations" means

(

i) carrying out the following in a manner that causes or

tends to cause a reduction in the quantity or quality of

mineral resources ultimately recoverable relative to

what would otherwise be recovered or obtained under

sound engineering and economic principles:

(

A) the locating, spacing, drilling, equipping,

completing, operating or producing of a well;

(

B) the mining or disposition of mineral resources;

(

C) the establishment, construction, operation,

suspension or abandonment of a well, facility, well

site, facility site, mine, mine site, external mine

discard dump or processing plant,

(ii) the production of mineral resources, mineral products

and by-products of mineral resources in excess of

(

A) proper storage facilities,

(

B) transportation and marketing facilities, or

(

C) market demand,

and

(iii) the inefficient storage of mineral resources on the

surface or underground.

Prescribed exclusions

2 The following are prescribed as not being facilities for the purposes

section 1(1)(j)(ix) of the Act:

(

a) a brine processing plant referred to in

section 10.01(1) of the

Activities Designation Regulation (AR 276/2003);

(

b) a brine storage pond as defined in

section 2(2)(

c) of the

Activities Designation Regulation (AR 276/2003).

Prohibition - wells completed above

the base of groundwater protection

3 The Regulator shall not grant a licence or an amendment of a

licence for a well that the Regulator determines is to be completed

above the base of groundwater protection.

Expiry

4 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on January 31, 2028.

Coming into force

5 This Regulation comes into force on the coming into force of

section 55(

a) of the Mineral Resource Development Act.

--------------------------------

Alberta Regulation 265/2022

Mines and Minerals Act

METALLIC AND INDUSTRIAL MINERALS

TENURE REGULATION

Filed: December 21, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 416/2022)

on December 21, 2022 pursuant to

section 5 of the Mines and Minerals Act.

Table of Contents

Definitions

2 Agreement exemption

Part 1

Placer Minerals Licences

Definitions

4 Restriction on placer mining

5 Application for placer minerals licence

6 Issuance of placer minerals licence

7 Rights granted by placer minerals licence

8 Term of placer minerals licence

9 Prohibitions re placer mining

10 Prohibited location

11 Operations re Class A and Class B water bodies

12 Operations re Class C and Class D water bodies

Part 2

Rock-hosted Minerals Permits

13 Application for rock-hosted minerals permit

14 Issuance of rock-hosted minerals permit

15 Rights granted by rock-hosted minerals permit

16 Area and boundaries of location

17 Term of rock-hosted minerals permit

18 Assessment work requirements

19 Mineral assessment appointee

20 Mineral assessment report

21 Statement of intent to file

22 Submission of mineral assessment report

23 Grouping of rock-hosted minerals permits

24 Timing of applying for permit group

25 Amendment of permit group

26 Permit group expiry

27 Mineral assessment report specifications

28 Unacceptable mineral assessment expenditures

29 Mineral assessment report deficiencies

30 Selection of permits and allocation of expenditures

31 Retention of permits

32 Application of excess spending requirements

33 Expenditures of less than minimum requirements

34 Area reduction

35 Payment in lieu of expenditure

36 Extension of work period

37 Confidentiality of mineral assessment report

Part 3

Rock-hosted Minerals Leases

38 Application for rock-hosted minerals lease

39 Issuance of rock-hosted minerals lease

40 Rights granted by rock-hosted minerals lease

41 Area and boundaries of location

42 Primary term of rock-hosted minerals lease

43 Intermediate term of rock-hosted minerals lease

44 Continuation of rock-hosted minerals lease

45 Application for continuation of rock-hosted minerals lease

46 Notice respecting non-productivity

Part 4

Brine-hosted Minerals Leases

47 Application for brine-hosted minerals lease

48 Issuance of brine-hosted minerals lease

49 Rights granted by brine-hosted minerals lease

50 Area and boundaries of location

51 Initial term of brine-hosted minerals lease

52 Continuation of brine-hosted minerals lease

53 Application for continuation of brine-hosted minerals lease

54 Notice respecting non-productivity

Part 5

Secondary Mineral Leases

Definitions

56 Application for secondary mineral lease

57 Issuance of secondary mineral lease

58 Rights granted by secondary mineral lease

59 Area of location

60 Term of secondary mineral lease

61 Renewal of secondary mineral lease

Part 6

Subsurface Reservoir Leases

Definitions

63 Application for subsurface reservoir lease

64 Issuance of subsurface reservoir lease

65 Rights granted by subsurface reservoir lease

66 Obligations under subsurface reservoir lease

Part 7

Miscellaneous

67 Request for information

68 Escalating rental

69 Prospecting

Part 8

Transitional Provisions

Definitions

Division 1

Former Permits

71 Transitional - former permits

72 Transitional - assessment work period

Division 2

Brine-hosted Minerals Licences

73 Application for brine-hosted minerals licence

74 Issuance of brine-hosted minerals licence

75 Rights granted by brine-hosted minerals licence

76 Area and boundaries of location

77 Term of brine-hosted minerals licence

78 Request for information

79 Application for brine-hosted minerals lease

Division 3

Part 2 Licences and Parts 3, 4 and 4.1 Leases

80 Transitional -

Part 2 licences

81 Transitional -

Part 3 leases

82 Transitional - Parts 4 and 4.1 leases

Part 9

Repeal, Expiry and Coming into Force

83 Repeal

84 Expiry

85 Coming into force

Schedules

Definitions

1 In this Regulation,

(a) "annual rental", in respect of a rock-hosted minerals lease,

brine-hosted minerals lease, subsurface reservoir lease or

brine-hosted minerals licence means the annual rental

payable in respect of the rock-hosted minerals lease,

brine-hosted minerals lease, subsurface reservoir lease or

brine-hosted minerals licence, as the case may be, under

section 20 of the Mines and Minerals Administration

Regulation (AR 262/97);

(b) "assessment work" means a geological, geochemical,

geophysical or geotechnical study, investigation,

reconnaissance or survey undertaken to establish the geology

of a given area or to ascertain the nature, quality or extent of

a metallic and industrial mineral in the area, and includes any

work leading to the development of a metallic and industrial

mineral occurrence;

(c) "assessment work period" means

(

i) a 2-year period of the term of a rock-hosted minerals

permit, or

(ii) any portion of a 2-year period that remains at the end of

an extended work period;

(d) "brine-hosted metallic and industrial minerals" means

metallic and industrial minerals that are solid substances or

elements extracted or recovered from soluble components

naturally dissolved in groundwater;

(e) "brine-hosted minerals lease" means a brine-hosted minerals

lease issued under

Part 4;

(f) "designated representative" means a person designated under

section 29 of the Act;

(g) "extended work period" means an assessment work period

extended by the Minister under

section 36;

(h) "groundwater" means groundwater as defined in the Water

Act;

(i) "holder", in respect of a placer minerals licence, rock-hosted

minerals lease, brine-hosted minerals lease, secondary

mineral lease or subsurface reservoir lease, means

(

i) a lessee that holds the placer minerals licence,

rock-hosted minerals lease, brine-hosted minerals lease,

secondary mineral lease or subsurface reservoir lease, as

the case may be, or

(ii) the designated representative for the placer minerals

licence, rock-hosted minerals lease, brine-hosted

minerals lease, secondary mineral lease or subsurface

reservoir lease, as the case may be, unless from the

express wording of a provision of the licence or lease it

is apparent that the term is restricted to a lessee referred

to in subclause (i);

(j) "metallic and industrial minerals" means minerals within the

meaning of

section 1(1)(p)(

i) of the Act that are vested in or

belong to the Crown in right of Alberta but does not include

petroleum, asphalt, bituminous sands, oil sands, natural gas,

coal or ammonite shell;

(k) "permit group" means a grouping of rock-hosted minerals

permits approved by the Minister under

section 23;

(l) "placer deposit" means a surficial deposit contained in sand,

gravel or similar material, formed by a natural mechanical

concentration of mineral particles and composed of heavy

minerals, including gold, silver, platinum group metals or

precious stones;

(m) "placer mineral" means a metallic and industrial mineral that

is or may be obtained by placer mining;

(n) "placer minerals licence" means a placer minerals licence

issued under

Part 1;

(o) "placer mining" means a method or technique of surface

operation other than gold panning whereby a placer deposit is

worked for the purposes of obtaining or producing a placer

mineral and the activities associated with such a surface

operation, including the pumping of water, the discharge of

water and the excavation of material;

(p) "prospect" means to search for a metallic and industrial

mineral using handheld implements or instruments in a

manner that does not, in the opinion of the Minister, cause

significant surface disturbance;

(q) "rock-hosted metallic and industrial minerals" means

metallic and industrial minerals other than brine-hosted

metallic and industrial minerals;

(r) "rock-hosted minerals lease" means a rock-hosted minerals

lease issued under

Part 3;

(s) "rock-hosted minerals permit" means a rock-hosted minerals

permit issued under

Part 2;

(t) "rock-hosted minerals permittee" means

(

i) a lessee that holds a rock-hosted minerals permit, or

(ii) the designated representative for a rock-hosted minerals

permit unless from the express wording of a provision

of the permit it is apparent that the term is restricted to a

lessee referred to in subclause (i);

(u) "secondary mineral lease" means a secondary mineral lease

issued under

Part 5;

(v) "sluicebox" means an inclined trough containing obstructions

in the bottom that is used in placer mining to concentrate

metallic and industrial minerals;

(w) "subsurface reservoir lease" means a subsurface reservoir

lease issued under

Part 6;

(x) "work period" means an assessment work period or an

extended work period.

Agreement exemption

2 This Regulation does not apply in respect of an agreement made or

entered into by the Minister under

section 9(

a) of the Act.

Part 1

Placer Minerals Licences

Definitions

3 In this Part,

(a) "Class A water body", "Class B water body", "Class C water

body" and "Class D water body" mean the water body

classes established and defined as such under the Code of

Practice for Pipelines and Telecommunication Lines

Crossing a Water Body adopted by the Water (Ministerial)

Regulation (AR 205/98);

(b) "unclassified water body" means a water body for which no

class has been specified under the Code of Practice for

Pipelines and Telecommunication Lines Crossing a Water

Body adopted by the Water (Ministerial) Regulation

(AR 205/98);

(c) "water body" means water body as defined in the Code of

Practice for Pipelines and Telecommunication Lines

Crossing a Water Body adopted by the Water (Ministerial)

Regulation (AR 205/98).

Restriction on placer mining

4 No person shall conduct placer mining unless the person holds

(

a) a placer minerals licence, and

(

b) a rock-hosted minerals lease or secondary mineral lease.

Application for placer minerals licence

5(1) An individual may apply to the Minister for a placer minerals

licence.

(2) An application must

(

a) be in a form that is satisfactory to the Minister,

(

b) include the application fee prescribed in the

Schedule to the

Mines and Minerals Administration Regulation (AR 262/97),

and

(

c) include any information required by the Minister.

Issuance of placer minerals licence

6 The Minister may issue a placer minerals licence

(

a) to an individual who applies under

section 5 if the Minister is

satisfied that the application meets the requirements set out in

section 5(2), or

(

b) in any other manner provided for under

section 16 of the Act.

Rights granted by placer minerals licence

7 Subject to sections 9 to 12, a placer minerals licence grants the right

to win, work and recover metallic and industrial minerals in and

the placer minerals licence.

Term of placer minerals licence

8 The term of a placer minerals licence is 5 years beginning on the

term commencement date shown in the placer minerals licence.

Prohibitions re placer mining

9 No person shall, in the conduct of placer mining under a placer

minerals licence,

(

a) permit water to flow through the pump to the sluicebox or

other equipment at a rate greater than 11 L/s,

(

b) use a mesh of greater than 2.54 mm on the screening of the

water intake to the sluicebox or other equipment,

(

c) use a suction dredge, front end loader or other mechanical

method to move clay, marl, sand, gravel or topsoil into the

sluicebox or other equipment,

(

d) occupy a site or location for a period of more than 14

consecutive days,

(

e) use mercury in or within 100 m of a river, stream or

watercourse or other water body, or

(

f) discharge water into a river, stream or watercourse if the

suspended sediment content of the discharge water exceeds

the suspended sediment content of the water in the river,

stream or watercourse.

Prohibited location

10(1) No holder of a placer minerals licence shall conduct placer

mining within the location described in a rock-hosted minerals lease

without the consent of the holder of the rock-hosted minerals lease or a

person authorized by the holder of the rock-hosted minerals lease to

give that consent.

(2) No holder of a placer minerals licence shall conduct placer mining

where operations for the recovery or processing of a surface material

are being conducted under a licence or lease issued under Division 6 of

Part 3 of the Public Lands Administration Regulation (AR 187/2011)

without the consent of the holder of the licence or lease or a person

authorized by the holder of the licence or lease to give that consent.

Operations re Class A and Class B water bodies

11(1) Subject to subsections (2) and (3) and to sections 9 and 10, the

holder of a placer minerals licence may conduct placer mining with

respect to a Class A water body or a Class B water body from May 15

to September 15.

(2) No holder of a placer minerals licence shall excavate material

within the active channel of the flowing water of a Class A water body

or a Class B water body.

(3) No holder of a placer minerals licence shall conduct placer mining

within or adjacent to the active channel of the flowing water of a Class

A water body or a Class B water body where the width of the active

channel of the flowing water is less than 20 m, unless the holder of the

licence has the written consent of the Minister responsible for

Part 4 of

the Water Act.

Operations re Class C and Class D water bodies

12(1) Subject to subsection (2) and to sections 9 and 10, the holder of

a placer minerals licence may conduct placer mining at any time of the

year within or adjacent to the active channel of the flowing water of a

Class C water body, a Class D water body or an unclassified water

body.

(2) No holder of a placer minerals licence shall excavate material

within the active channel of the flowing water of a Class C water body,

a Class D water body or an unclassified water body where the width of

the active channel is less than 20 m, unless the holder of the licence

has the written consent of the Minister responsible for

Part 4 of the

Water Act.

Part 2

Rock-hosted Minerals Permits

Application for rock-hosted minerals permit

13(1) A person may apply to the Minister for a rock-hosted minerals

permit.

(2) An application must

(

a) be in a form that is satisfactory to the Minister,

(

b) include the application fee prescribed in the

Schedule to the

Mines and Minerals Administration Regulation (AR 262/97),

and

(

c) include any information required by the Minister.

Issuance of rock-hosted minerals permit

14 The Minister may issue a rock-hosted minerals permit

(

a) to a person who applies under

section 13 if the Minister is

satisfied that the application meets the requirements set out in

section 13(2), or

(

b) in any other manner provided for under

section 16 of the Act.

Rights granted by rock-hosted minerals permit

15(1) Subject to subsection (2), a rock-hosted minerals permit grants,

(

a) the non-exclusive right to explore for rock-hosted metallic

and industrial minerals on the surface of the location

described in the permit,

(

b) the exclusive right to explore for rock-hosted metallic and

industrial minerals in the subsurface strata within and under

the location described in the permit, and

(

c) the right to remove samples of rock-hosted metallic and

industrial minerals from the location described in the permit

for the purposes of assaying and testing and of metallurgical,

mineralogical and other scientific studies.

(2) The Minister may

(

a) restrict the kinds of rock-hosted metallic and industrial

minerals in respect of which rights are granted under a

rock-hosted minerals permit, and

(

b) limit the operations or activities that may be conducted under

a rock-hosted minerals permit to those operations or activities

specified by the Minister in the permit.

Area and boundaries of location

16(1) The area of the location described in a rock-hosted minerals

permit must be not less than 16 ha nor more than 9216 ha.

(2) The boundaries of the location described in a rock-hosted minerals

permit must be approved by the Minister.

(3) Subject to subsection (1), the Minister may reduce the area of the

location described in a rock-hosted minerals permit at any time during

the term of the permit, if the Minister approves an application

submitted by the rock-hosted minerals permittee indicating the area

that is to be retained in the permit.

Term of rock-hosted minerals permit

17(1) The term of a rock-hosted minerals permit begins on the term

commencement date shown in the permit and runs indefinitely.

(2) The term of a rock-hosted minerals permit is divided into

successive 2-year work periods with the first work period beginning on

the term commencement date shown in the permit.

Assessment work requirements

18(1) Subject to sections 35 and 36, a rock-hosted minerals permittee,

with respect to the location described in the rock-hosted minerals

permit, shall meet the following minimum spending requirements on

assessment work on or attributed by this Regulation to the location

during the following assessment work periods:

(

a) during the first assessment work period, not less in the

aggregate than an amount equal to $7 for each hectare in the

location;

(

b) during the 2nd assessment work period, not less in the

aggregate than an amount equal to $13 for each hectare in the

location;

(

c) during the 3rd assessment work period, not less in the

aggregate than an amount equal to $13 for each hectare in the

location;

(

d) during the 4th assessment work period and all subsequent

assessment work periods, not less in the aggregate than an

amount equal to $20 for each hectare in the location.

(2) A rock-hosted minerals permittee may claim as expenditures

during any work period of a rock-hosted minerals permit amounts that,

in the opinion of the Minister, were spent in relation to assessment

work on the location described in the permit

(

a) during a previous assessment work period of the permit, or

(

b) during the period beginning one year before the term

commencement date of the permit,

if those amounts have not been claimed as expenditures in respect of

any other work period of the permit or of any other permit.

(3) The minimum spending requirement with respect to the locations

of the rock-hosted minerals permits in a permit group is the sum of the

minimum spending requirements calculated under subsection (1) or

determined under

section 36(3) for the work periods of the permits

approved by the Minister under

section 27(b)(ii).

Mineral assessment appointee

19(1) Subject to subsections (2) and (3), the mineral assessment

appointee for a rock-hosted minerals permit is the rock-hosted minerals

permittee.

(2) A rock-hosted minerals permittee, by notifying the Minister, may

designate another individual to serve as the mineral assessment

appointee for the rock-hosted minerals permit.

(3) The permittees for the rock-hosted minerals permits included in a

permit group, by notifying the Minister, may designate an individual to

serve as the mineral assessment appointee for the permit group.

(4) The authority of a mineral assessment appointee designated under

subsection (2) or (3) expires on the earlier of

(

a) the date on which the Minister receives notification from the

rock-hosted minerals permittee or permittees that the

authority is terminated, or

(

b) the date on which the Minister issues a final approval or final

rejection of the mineral assessment report.

Mineral assessment report

20(1) A mineral assessment appointee shall submit to the Minister a

mineral assessment report in respect of the rock-hosted minerals permit

or permit group for which it is the mineral assessment appointee.

(2) A mineral assessment report must

(

a) meet the requirements for a mineral assessment report set out

in this Part and

Schedule 1, and

(

b) be submitted within the period specified in

section 22(1)(a),

unless the mineral assessment appointee submits a statement

of intent to file in accordance with

section 21.

Statement of intent to file

21(1) A mineral assessment appointee may submit a statement of

intent to file

(

a) during the 30 days before the end of the assessment work

period in respect of which it is submitted, or

(

b) at any other time approved by the Minister in relation to the

rock-hosted minerals permit or any of the permits in a permit

group.

(2) A statement of intent to file may be submitted in respect of a

rock-hosted minerals permit or in respect of a permit group.

(3) A statement of intent to file must

(

a) contain a statement that a mineral assessment report will be

filed within the period required by

section 22(1)(b),

(

b) designate the permit group or project in respect of which the

mineral assessment report will be filed,

(

c) contain for each rock-hosted minerals permit in respect of

which it is filed

(

i) the number of the permit,

(ii) the name of the designated representative for the permit,

if any,

(iii) a legible map showing the location and boundaries

described in the permit and the number of the permit,

and

(iv) an estimate of expenditures in respect of the permit

during the assessment work period for which the

mineral assessment report will be filed,

and

(

d) be signed by the mineral assessment appointee.

(4) A statement of intent to file may also be accompanied by

(

a) the surrender of a rock-hosted minerals permit or a request to

surrender a portion of the location described in a rock-hosted

minerals permit,

(

b) an application requesting payment in lieu under

section

35(1), or

(

c) the designation of a mineral assessment appointee under

section 19(2) or (3) for the purposes of submitting a mineral

assessment report in respect of a rock-hosted minerals permit

or a permit group.

Submission of mineral assessment report

22(1) Subject to

section 36(5), the following rules apply with respect

to submitting mineral assessment reports:

(

a) subject to clause (b), a mineral assessment report must be

submitted to the Minister on or before the last day of the

assessment work period of the rock-hosted minerals permit or

of the permit group in respect of which the mineral

assessment report is submitted;

(

b) where a mineral assessment appointee submits a statement of

intent to file in respect of a rock-hosted minerals permit or a

permit group, a mineral assessment report in respect of that

permit or permit group must be submitted to the Minister not

later than 60 days after the last day of the assessment work

period of the rock-hosted minerals permit or of the permit

group in respect of which the statement of intent to file was

submitted.

(2) For the purposes of subsection (1) and sections 27, 36 and 37(1),

the last day of the assessment work period of a permit group is deemed

to be the last day of the assessment work period for the rock-hosted

minerals permit with the earliest assessment work period end date in

that permit group.

Grouping of rock-hosted minerals permits

23(1) The mineral assessment appointee for a rock-hosted minerals

permit may make an application requesting the grouping of the permit

with one or more other rock-hosted minerals permits

(

a) for the purposes of submitting one mineral assessment report

to the Minister in respect of all of the permits in the permit

group, and

(

b) for the purposes of attributing and allocating costs and

expenditures on mineral exploration work performed on the

location described in any of the permits in the permit group

to any other permit in the permit group.

(2) A rock-hosted minerals permit must not be included in more than

one permit group at a time.

(3) The locations described in the rock-hosted minerals permits in a

permit group must be contiguous and must not exceed 18 432 ha.

that the Minister prescribes, the Minister may approve an application

for the grouping of rock-hosted minerals permits if, in the opinion of

the Minister, the work periods of the permits in the permit group are

eligible for inclusion in a mineral assessment report.

Timing of applying for permit group

24 An application under

section 23(1) may be made

(

a) as part of a statement of intent to file submitted under

section

21, or

(

b) on submission, or at any time approved by the Minister

before submission, of a mineral assessment report.

Amendment of permit group

25(1) The mineral assessment appointee for a permit group may apply

to amend the permit group on or at any time approved by the Minister

before the submission of a mineral assessment report.

(2) On receipt of an application under subsection (1), the Minister may

amend a permit group.

Permit group expiry

26 A permit group expires on the earlier of

(

a) the date on which the Minister issues a final approval or final

rejection of the mineral assessment report, or

(

b) the end of the confidentiality period referred to in

section 37

in respect of the mineral assessment report.

Mineral assessment report specifications

27 The Minister shall approve a mineral assessment report if

(

a) it relates

(

i) to the location described in a rock-hosted minerals

permit, or

(ii) collectively to the locations described in the rock-hosted

minerals permits in a permit group,

(

b) it relates

(

i) to the work period of a rock-hosted minerals permit, or

(ii) to the work periods of the rock-hosted minerals permits

in a permit group that, in the opinion of the Minister,

should be reported on in that mineral assessment report,

(

c) it complies with the requirements for a mineral assessment

report set out in this Part and

Schedule 1,

(

d) it complies with the timelines for submitting a mineral

assessment report set out in

section 22(1) or 36(5),

(

e) geological, geochemical and geophysical surveys have been

carried out under the supervision of a qualified person or by a

prospector having qualifications acceptable to the Minister,

and

(

f) all other matters respecting or contained in the mineral

assessment report are satisfactory to the Minister.

Unacceptable mineral assessment expenditures

28 The Minister may refuse to accept any expenditures on

exploration or development work claimed in a mineral assessment

report for the purposes of the minimum spending requirements

calculated under

section 18(1) or determined under

section 36(3) if

(

a) the work duplicates work previously submitted for credit

against the minimum spending requirements for the same

agreement or another agreement,

(

b) the work duplicates results that have been previously

published,

(

c) the mineral assessment report fails to meet any of the

requirements for a mineral assessment report set out in this

Part or

Schedule 1, or

(

d) the Minister has any other reason not to accept the

expenditures.

Mineral assessment report deficiencies

29(1) This

section applies where, in the Minister's opinion, there are

deficiencies in a mineral assessment report, including failure to

(

a) meet the requirements for a mineral assessment report set out

in this Part and

Schedule 1,

(

b) show adequate work for the work period of the rock-hosted

minerals permit or work periods of the rock-hosted minerals

permits in the permit group to which the mineral assessment

report relates, or

(

c) show adequate work to support the statement of expenditures

contained in the mineral assessment report.

(2) The Minister may require a mineral assessment appointee that has

submitted a mineral assessment report described in subsection (1) to

submit, within the time that the Minister considers appropriate in the

circumstances,

(

a) a correction to or remedy of the deficiencies or instances of

non-compliance contained in the mineral assessment report,

(

b) another mineral assessment report that corrects or remedies

the deficiencies or instances of non-compliance contained in

the original mineral assessment report.

(3) Sections 18(1) and 36(4) are considered not to have been complied

with until the mineral assessment appointee complies with the

Minister's requirements under subsection (2).

Selection of permits and allocation of expenditures

30(1) Where a report is submitted by a mineral assessment appointee

in respect of the rock-hosted minerals permits in a permit group, the

report

(

a) must indicate the portions of the locations described in the

rock-hosted minerals permits in the permit group that have

been selected to be retained, and

(

b) may allocate and attribute expenditures on assessment work

on the location described in any rock-hosted minerals permit

in a permit group to the location described in any other

rock-hosted minerals permit in the permit group.

(2) Expenditures on assessment work on the location described in any

rock-hosted minerals permit in a permit group, for the purposes of

sections 18 and 36, may be applied only once against the minimum

spending requirements of the rock-hosted minerals permits in the

permit group.

Retention of permits

31 A rock-hosted minerals permittee may retain a rock-hosted

minerals permit if the total expenditures on assessment work on or

attributed to the location described in the permit that are approved by

the Minister for the previous work period equal or exceed the

minimum spending requirements calculated under

section 18(1) or

determined under

section 36(3) for that previous work period.

Application of excess spending requirements

32(1) This

section applies if the total expenditures on assessment

work for a work period of a rock-hosted minerals permit or the work

periods of the rock-hosted minerals permits in a permit group approved

by the Minister under this Part exceed the minimum spending

requirements calculated under

section 18(1) or determined under

section 36(3), respectively, for the work period of the permit or for the

work periods of the permits in the permit group.

(2) The Minister, on application of the mineral assessment appointee,

may approve the application of expenditures in excess of the minimum

spending requirements against the minimum spending requirements of

any subsequent work period of the rock-hosted minerals permit or of

any rock-hosted minerals permit in the permit group.

(3) If the mineral assessment appointee does not make an application

under subsection (2) within the period specified by the Minister in an

instruction to the mineral assessment appointee to make the

application, the Minister may determine the application of

expenditures in excess of the minimum spending requirements against

the minimum spending requirements of any subsequent work period of

the rock-hosted minerals permit or of any rock-hosted minerals permit

in the permit group.

(4) Where the Minister has approved the application of expenditures

in excess of the minimum spending requirements against the minimum

spending requirements of a work period under subsection (2), those

expenditures may be applied against the minimum spending

requirements of no more than 4 consecutive work periods of the

rock-hosted minerals permit subsequent to the work period referred to

in subsection (2).

Expenditures of less than minimum requirements

33(1) This

section applies if the total expenditures on assessment

work for a work period of a rock-hosted minerals permit or the work

periods of the rock-hosted minerals permits in a permit group approved

by the Minister under this Part, including expenditures approved under

section 32(2) for application to that work period or those work periods,

are less than the minimum spending requirements calculated under

section 18(1) or (3) or determined under

section 36(3), respectively,

for the work period of the permit or the work periods of the permits in

the permit group.

(2) The mineral assessment appointee, on application to the Minister,

may retain that portion of the area of the location described in the

rock-hosted minerals permit or of the area of the locations described in

the rock-hosted minerals permits in the permit group that is in the same

proportion to the whole of that area as the proportion between the

expenditures on assessment work approved by the Minister as

described in subsection (1) for the work period or work periods to the

minimum spending requirements for the work period or work periods

to which they relate.

(3) If the mineral assessment appointee does not make an application

under subsection (2) within the period specified by the Minister in an

instruction to the mineral assessment appointee to make the

application, the Minister may determine in accordance with subsection

(2) the portion of the rock-hosted minerals permit or permits that may

be retained.

(4) If the total expenditures for a work period of a rock-hosted

minerals permit as described in subsection (1) are less than the

minimum spending requirements for that work period as described in

subsection (1), the mineral assessment appointee, with the approval of

the Minister and on or before a date specified by the Minister, may pay

an amount equal to 2 times the difference between the total

expenditures for the work period as described in subsection (1) and the

minimum spending requirements for the work period as described in

subsection (1).

(5) Payment of an amount in accordance with subsection (4) in respect

of a work period, together with the total expenditures for the work

period as described in subsection (1), is considered fulfilment of the

assessment work requirements for the work period.

Area reduction

34 Notwithstanding sections 31 and 33, the Minister may reduce the

area of the location described in a rock-hosted minerals permit or in

any of the rock-hosted minerals permits in a permit group if the

mineral assessment appointee for the permit or the permit group fails

to comply with

section 20, 22(1), 29(2) or 36(5).

Payment in lieu of expenditure

35(1) On application to and with the approval of the Minister, the

mineral assessment appointee for a rock-hosted minerals permit may

pay an amount determined in accordance with subsection (2) in lieu of

spending that amount during the work period.

(2) The amount referred to in subsection (1) is equal to 2 times

(

a) the minimum spending requirements for an assessment work

period calculated under

section 18(1), or

(

b) the minimum spending requirements for an extended work

period determined under

section 36(3).

(3) A mineral assessment appointee shall not make a payment under

subsection (1) in respect of the first work period of a rock-hosted

minerals permit or in respect of any 2 consecutive work periods of a

rock-hosted minerals permit.

(4) An application under subsection (1) must be received by the

Minister before the end of the work period in respect of which the

application is made.

(5) If the Minister approves an application under this section, payment

of the amount referred to in subsection (1) is considered fulfilment of

the assessment work requirements for the work period in respect of

which the payment is made.

Extension of work period

36(1) Subject to subsection (2), the Minister may

(

a) extend an assessment work period,

(

b) determine the duration of an extended work period, and

(

c) specify the remainder of the assessment work period that

follows the extended work period.

(2) The Minister shall not extend an assessment work period unless

the Minister receives an application for extension from the mineral

assessment appointee for a rock-hosted minerals permit or a permit

group on or before the last day of the assessment work period in

respect of which the application for extension is made.

(3) The Minister may determine the minimum spending requirements

on assessment work with respect to the location described in a

rock-hosted minerals permit for an extended work period.

(4) Subject to

section 35, a rock-hosted minerals permittee, through

expenditures on assessment work on or attributed under this

Regulation to the location described in the rock-hosted minerals

permit, shall meet the minimum spending requirements determined

under subsection (3).

(5) The following rules apply to the submission of mineral assessment

reports in respect of extended work periods:

(

a) the Minister shall specify the date on or before which a

mineral assessment report must be filed in respect of an

extended work period;

(

b) the mineral assessment appointee for a rock-hosted minerals

permit or a permit group shall submit a mineral assessment

report on or before the date specified by the Minister under

clause (a).

Confidentiality of mineral assessment report

37(1) The Minister shall keep confidential all technical information

and data contained in a mineral assessment report submitted

(

a) in respect of a rock-hosted minerals permit, for a period of

one year beginning on the last day of the assessment work

period in respect of which the mineral assessment report was

submitted, or

(

b) in respect of the rock-hosted minerals permits in a permit

group, for a period of one year beginning on the last day of

the assessment work period of the permit group in respect of

which the mineral assessment report was submitted.

(2) At the end of the confidentiality period referred to in subsection

(1)(

a) or (b), the Minister shall make the technical information and

data available to the public.

(3) The Minister, in making the technical information and data

available under subsection (2), may recover only the costs, including

overhead, associated with its copying or reproduction.

Part 3

Rock-hosted Minerals Leases

Application for rock-hosted minerals lease

38(1) A person may apply to the Minister for a rock-hosted minerals

lease.

(2) An application must

(

a) be in a form that is satisfactory to the Minister,

(

b) include the application fee prescribed in the

Schedule to the

Mines and Minerals Administration Regulation (AR 262/97),

(

c) include the annual rental for the first year of the primary term

of the rock-hosted minerals lease,

(

d) include evidence, satisfactory to the Minister, of a

rock-hosted metallic and industrial mineral deposit in the

location described in the rock-hosted minerals lease for

which the application is being made, and

(

e) include any other information required by the Minister.

(3) A rock-hosted minerals permittee who applies for a rock-hosted

minerals lease in respect of the whole or a portion of the location

described in the rock-hosted minerals permit must apply before the

term of the permit expires.

Issuance of rock-hosted minerals lease

39(1) The Minister may issue a rock-hosted minerals lease

(

a) to a person, other than a rock-hosted minerals permittee, who

applies under

section 38 if

(

i) the Minister is satisfied that the application meets the

requirements set out in

section 38(2), and

(ii) the Minister considers issuing the lease to be warranted

in the circumstances,

(

b) to a person who applies under

section 38 who is a

rock-hosted minerals permittee if the Minister is satisfied that

(

i) the application meets the requirements set out in

section

38(2) and (3),

(ii) the permittee is in compliance with the requirements of

the Act and

Part 2, and

(iii) the permittee has held a rock-hosted minerals permit for

at least the assessment work period referred to in

section

18(1)(a),

(

c) in any other manner provided for under

section 16 of the Act.

rock-hosted minerals lease that the Minister considers appropriate.

Rights granted by rock-hosted minerals lease

40(1) Subject to subsection (2), a rock-hosted minerals lease grants,

right to win, work and recover rock-hosted metallic and industrial

minerals that are the property of the Crown

(

a) within the location described in the lease, or

(

b) if the rock-hosted minerals lease relates to one or more

specified zones, in the specified zone or zones within the

location described in the lease.

(2) The Minister may

(

a) restrict the kinds of rock-hosted metallic and industrial

minerals in respect of which rights are granted under a

rock-hosted minerals lease, and

(

b) limit the operations or activities that may be conducted under

a rock-hosted minerals lease to those operations or activities

specified by the Minister in the lease.

Area and boundaries of location

41(1) The area of the location described in a rock-hosted minerals

lease must not exceed 2304 ha.

(2) The boundaries and configuration of the location described in a

rock-hosted minerals lease must be approved by the Minister.

Primary term of rock-hosted minerals lease

42 The primary term of a rock-hosted minerals lease is 15 years

beginning on the term commencement date shown in the lease.

Intermediate term of rock-hosted minerals lease

43(1) The holder of a rock-hosted minerals lease may apply to the

Minister before the primary term of the lease expires to extend the

primary term of the lease to an intermediate term.

(2) The intermediate term of a rock-hosted minerals lease is 15 years

beginning on the day following the last day of the primary term of the

lease.

(3) The Minister may extend the primary term to an intermediate term

if the Minister is satisfied that the holder of the rock-hosted minerals

lease is in compliance with the Act, this Part and the terms and

conditions of the rock-hosted minerals lease.

(4) The extension of the primary term of a rock-hosted minerals lease

to an intermediate term under subsection (3)

(

a) may be with respect to a portion of its location, as to portions

of its location or as to a zone or zones within the location

determined by the Minister, and

imposes at the time the Minister extends the primary term.

(5) The intermediate term of a rock-hosted minerals lease must not

begin before the primary term of the lease expires.

Continuation of rock-hosted minerals lease

44(1) The Minister may continue the primary term or intermediate

term of a rock-hosted minerals lease if the Minister is satisfied that the

holder of the rock-hosted minerals lease is in compliance with the Act,

(2) Subject to

section 46, the whole or a portion of the location, or a

zone within the location, described in a rock-hosted minerals lease that

is continued under this

section is continued for an indefinite term.

(3) Only the whole or a portion of the location, or a zone within the

location, described in a rock-hosted minerals lease that is determined

by the Minister to be productive may qualify for continuation under

this section.

Application for continuation of rock-hosted minerals lease

45(1) The holder of a rock-hosted minerals lease may apply to the

Minister for the continuation of the primary term or intermediate term

of the rock-hosted minerals lease

(

a) with the consent of the Minister, at any time during the

primary term or intermediate term of the rock-hosted

minerals lease,

(

b) in accordance with

section 46(2), or

(

c) if the lease has been extended under

section 8(1)(

h) of the

Act, before the term of the lease expires.

(2) An application must identify the location, a portion of the location

or a zone within the location described in the rock-hosted minerals

lease that is to be continued.

(3) On receipt of an application, the Minister shall determine whether

the rock-hosted minerals lease qualifies for continuation as to the

whole or a portion of the location, or a zone within the location,

described in the lease in respect of which the application is made.

(4) If the Minister determines under subsection (3) that the whole of

the location described in the rock-hosted minerals lease qualifies for

continuation, the Minister shall give written notice to the holder of the

rock-hosted minerals lease that the lease is continued in accordance

with the application.

(5) If the Minister determines under subsection (3) that a portion of

the location or a zone within the location described in the rock-hosted

minerals lease does not qualify for continuation, the Minister shall give

written notice to the holder of the rock-hosted minerals lease

(

a) indicating the portion of the location or the zone within the

location described in the lease that does not qualify for

continuation,

(

b) indicating the portion of the location or the zone within the

location described in the lease that qualifies for continuation,

if any, and

(

c) specifying the deadline by which the holder of the

rock-hosted minerals lease may respond to the notice and

indicate whether the lease should be continued only as to the

portion of the location or the zone within the location that

qualifies for continuation.

(6) Where notice is given under subsection (5), the Minister shall not

make a final decision in respect of an application until after the

Minister receives a response to the notice or, if no response is received,

after the deadline specified in the notice.

(7) On making a final decision under subsection (6), the Minister shall

give written notice of the decision to the holder of the rock-hosted

minerals lease.

Notice respecting non-productivity

46(1) If the Minister determines that a rock-hosted minerals lease

continued under

section 44 is no longer productive in the whole or a

portion of the location, or any zone within the location, described in

the lease, the Minister may give written notice to the holder of the

rock-hosted minerals lease stating that the lease, in the whole or

portion of the location or zone within the location that is no longer

productive, expires at the end of the one-year period beginning on the

date on which notice is given.

(2) The holder of a rock-hosted minerals lease to whom notice is given

under subsection (1) may apply under

section 45 to continue the term

of the location, a portion of the location or a zone within the location

described in the lease that is set to expire.

(3) An application referred to in subsection (2) with respect to the

location, a portion of the location or a zone within the location

described in a rock-hosted minerals lease continued under

section 44

must be made before the term of the lease with respect to the location,

portion of the location or zone within the location expires.

Part 4

Brine-hosted Minerals Leases

Application for brine-hosted minerals lease

47(1) A person may apply to the Minister for a brine-hosted minerals

lease.

(2) An application must

(

a) be in a form that is satisfactory to the Minister,

(

b) include the application fee prescribed in the

Schedule to the

Mines and Minerals Administration Regulation (AR 262/97),

(

c) include the annual rental for the first year of the term of the

brine-hosted minerals lease, and

(

d) include any information required by the Minister.

Issuance of brine-hosted minerals lease

48(1) The Minister may issue a brine-hosted minerals lease

(

a) to a person who applies under

section 47 if

(

i) the Minister is satisfied that the application meets the

requirements set out in

section 47(2), and

(ii) the Minister considers issuing the lease to be warranted

in the circumstances,

(

b) in any other manner provided for under

section 16 of the Act.

brine-hosted minerals lease that the Minister considers appropriate.

Rights granted by brine-hosted minerals lease

49(1) Subject to subsection (2), a brine-hosted minerals lease grants,

right to win, work and recover brine-hosted metallic and industrial

minerals that are the property of the Crown

(

a) within the location described in the lease, or

(

b) if the lease relates to one or more specified zones, in the

specified zone or zones within the location described in the

lease.

(2) The Minister may

(

a) restrict the kinds of brine-hosted metallic and industrial

minerals in respect of which rights are granted under a

brine-hosted minerals lease, and

(

b) limit the operations or activities that may be conducted under

a brine-hosted minerals lease to those operations or activities

specified by the Minister in the lease.

Area and boundaries of location

50(1) The area of the location described in a brine-hosted minerals

lease must not exceed 2304 ha.

(2) The boundaries and configuration of the location described in a

brine-hosted minerals lease must be approved by the Minister.

Initial term of brine-hosted minerals lease

51 The initial term of a brine-hosted minerals lease is 10 years

beginning on the term commencement date shown in the lease.

Continuation of brine-hosted minerals lease

52(1) The Minister may continue the initial term of a brine-hosted

minerals lease if the Minister is satisfied that the holder of the

brine-hosted minerals lease is in compliance with the Act, this Part and

(2) Subject to

section 53, the whole or a portion of the location, or a

zone within the location, described in a brine-hosted minerals lease

that is continued under this

section is continued for an indefinite term.

(3) Only the whole or a portion of the location, or a zone within the

location, described in a brine-hosted minerals lease that is determined

by the Minister to be productive may qualify for continuation under

this section.

Application for continuation of brine-hosted minerals lease

53(1) The holder of a brine-hosted minerals lease may apply to the

Minister for the continuation of the initial term of the brine-hosted

minerals lease

(

a) with the consent of the Minister, at any time during the initial

term of the lease,

(

b) in accordance with

section 54(2), or

(

c) if the lease has been extended under

section 8(1)(

h) of the

Act, before the term of the lease expires.

(2) An application must identify the location or a portion of the

location, or a zone within the location, described in the brine-hosted

minerals lease that is to be continued.

(3) On receipt of an application, the Minister shall determine whether

the brine-hosted minerals lease qualifies for continuation as to the

whole or a portion of the location, or a zone within the location,

described in the lease in respect of which the application is made.

(4) If the Minister determines under subsection (3) that the whole of

the location described in the brine-hosted minerals lease qualifies for

continuation, the Minister shall give written notice to the holder of the

brine-hosted minerals lease that the lease is continued in accordance

with the application.

(5) If the Minister determines under subsection (3) that a portion of

the location or a zone within the location described in the brine-hosted

minerals lease does not qualify for continuation, the Minister shall give

written notice to the holder of the brine-hosted minerals lease

(

a) indicating the portion of the location or zone within the

location described in the brine-hosted minerals lease that

does not qualify for continuation,

(

b) indicating the portion of the location or the zone within the

location described in the lease that qualifies for continuation,

if any, and

(

c) specifying the deadline by which the holder of the

brine-hosted minerals lease may respond to the notice and

indicate whether the lease should be continued only as to the

portion of the location or the zone within the location that

qualifies for continuation.

(6) Where notice is given under subsection (5), the Minister shall not

make a final decision in respect of an application until after the

Minister receives a response to the notice or, if no response is received,

after the deadline specified in the notice.

(7) On making a final decision under subsection (6), the Minister shall

give written notice of the decision to the holder of the brine-hosted

minerals lease.

Notice respecting non-productivity

54(1) If the Minister determines that a brine-hosted minerals lease

continued under

section 52 is no longer productive in the whole or a

portion of the location, or a zone within the location, described in the

lease, the Minister may give written notice to the holder of the

brine-hosted minerals lease stating that the lease, in the whole or

portion of the location or zone within the location, that is no longer

productive, expires at the end of the one-year period beginning on the

date on which notice is given.

(2) The holder of a brine-hosted minerals lease to whom notice is

given under subsection (1) may apply under

section 53 to continue the

term of the location, portion of the location or zone within the location

described in the lease that is set to expire.

(3) An application referred to in subsection (2) with respect to the

location, a portion of the location or a zone of the location described in

a brine-hosted minerals lease continued under

section 52 must be made

before the term of the lease with respect to the location, portion of the

location or zone within the location expires.

Part 5

Secondary Mineral Leases

Definitions

55 In this Part,

(a) "approved surface operation" means an operation for the

recovery and processing of surface materials, and the

equipment, plant and facilities used or involved in that

operation, for which all licences, approvals, permits or

consents required under the law of Alberta have been

obtained and are valid and subsisting;

(b) "secondary recovery operation" means an operation for the

winning, working and recovering, from surface materials

recovered and processed through an approved surface

operation, of metallic and industrial minerals that are

contained in those surface materials;

(c) "surface materials" means sand, gravel, clay, marl, topsoil,

silt or peat.

Application for secondary mineral lease

56(1) A person may apply to the Minister for a secondary mineral

lease.

(2) An application must

(

a) be in a form that is satisfactory to the Minister,

(

b) include the application fee prescribed in the

Schedule to the

Mines and Minerals Administration Regulation (AR 262/97),

(

c) include written proof that the applicant

(

i) holds all valid and subsisting licences, approvals,

permits and consents required to conduct the approved

surface operation, or

(ii) is authorized by the person who holds those valid and

subsisting licences, approvals, permits and consents to

conduct the secondary recovery operation,

and

(

d) include any other information required by the Minister.

Issuance of secondary mineral lease

57(1) The Minister may issue a secondary mineral lease

(

a) to a person who applies under

section 56 if the Minister is

satisfied that the application meets the requirements set out in

section 56(2), or

(

b) in any other manner provided for under

section 16 of the Act.

mineral lease that the Minister considers appropriate.

Rights granted by secondary mineral lease

58(1) Subject to subsection (2), a secondary mineral lease grants, in

right to win, work and recover metallic and industrial minerals in and

through a secondary recovery operation.

(2) The Minister may restrict the kinds of metallic and industrial

minerals in respect of which rights are granted under a secondary

mineral lease.

(3) The recovery of metallic and industrial minerals under a secondary

mineral lease must be accomplished through what is, in the opinion of

the Minister, an ore processing or wash plant operation located in

Alberta.

Area of location

59(1) The area of the location described in a secondary mineral lease

consists of the area determined by the Minister to encompass the

secondary recovery operation.

(2) The Minister may amend the location described in a secondary

mineral lease accordingly as the area determined under subsection (1)

changes.

Term of secondary mineral lease

60 The term of a secondary mineral lease is 5 years beginning on the

term commencement date shown in the lease.

Renewal of secondary mineral lease

61(1) The holder of a secondary mineral lease may apply to the

Minister to renew the lease.

(2) An application must

(

a) be in a form that is satisfactory to the Minister,

(

b) be made before the end of the term of the secondary mineral

lease,

(

c) include the renewal fee prescribed in the

Schedule to the

Mines and Minerals Administration Regulation (AR 262/97),

and

(

d) include any information required by the Minister.

(3) The Minister may renew a secondary mineral lease for a term of 5

years if

(

a) the application meets the requirements set out in subsection

(2),

(

b) the holder of the secondary mineral lease is in compliance

with the requirements of the Act, this Part and the terms and

conditions of the lease, and

(

c) at the time of the renewal, the holder of the lease

(

i) continues to hold the valid and subsisting licences,

approvals, permits and consents required to conduct the

approved surface operation, or

(ii) continues to be authorized by the person who holds the

valid and subsisting licences, approvals, permits and

consents required to conduct the secondary recovery

operation.

(4) The renewal of a secondary mineral lease

(

a) may be with respect to the whole of the location or a portion

of the location described in the lease, as approved by the

Minister, and

Minister at the time the lease is renewed.

(5) The renewed term of a secondary mineral lease begins on the day

after the last day of the previous term of the lease.

Part 6

Subsurface Reservoir Leases

Definitions

62 In this Part,

(a) "subsurface reservoir" means

(

i) a subsurface cavern created as a result of operations for

the recovery of a mineral belonging to the Crown,

(ii) an underground formation consisting of a mineral

belonging to the Crown that will be removed under the

lease to create a subsurface cavern, or

(iii) an underground formation in which all mines and

minerals belong to the Crown;

(b) "subsurface reservoir zone", in respect of a subsurface

reservoir lease, means the subsurface reservoir described in

the lease to the extent that the subsurface reservoir is found

within the location described in the lease.

Application for subsurface reservoir lease

63(1) A person may apply to the Minister for a subsurface reservoir

lease.

(2) An application must

(

a) be in a form that is satisfactory to the Minister,

(

b) include a geological description of the proposed subsurface

reservoir to be included in the lease,

(

c) include a description of the fluid or substance to be stored or

sequestered in the subsurface reservoir,

(

d) include the application fee prescribed in the

Schedule to the

Mines and Minerals Administration Regulation (AR 262/97),

(

e) include the annual rental for the first year of the term of the

subsurface reservoir lease, and

(

f) include any other information required by the Minister.

Issuance of subsurface reservoir lease

64(1) The Minister may issue a subsurface reservoir lease

(

a) to a person who applies under

section 63 if the Minister is

satisfied that the application meets the requirements set out in

section 63(2), or

(

b) in any other manner provided for under

section 16 of the Act.

subsurface reservoir lease that the Minister considers appropriate,

(

a) the term of the lease,

(

b) the renewal or cancellation of the lease,

(

c) the operations or activities that may be conducted under the

lease and the fluids or substances that may be stored or

sequestered,

(

d) the exclusivity or non-exclusivity of the lease, or

(

e) the payment of

(

i) an annual rental for the lease, and

(ii) amounts for the use of the subsurface reservoir,

including the following:

(

A) an amount per injection well drilled or used in

connection with the lease;

(

B) an amount per cubic metre of fluid or substance

injected into the subsurface reservoir.

Rights granted by subsurface reservoir lease

65 A subsurface reservoir lease grants, in accordance with the terms

and conditions of the lease, one or both of the following:

(

a) the right to conduct operations to remove a mineral in the

subsurface reservoir zone to create a subsurface cavern;

(

b) the right to use a subsurface reservoir in the subsurface

reservoir zone under the lease for the purposes of storage or

sequestration.

Obligations under subsurface reservoir lease

66(1) The holder of a subsurface reservoir lease shall obtain a well

licence and the approval of the Alberta Energy Regulator under the Oil

and Gas Conservation Act before drilling or using a well for the

purposes set out in the lease.

(2) The holder of a subsurface reservoir lease shall not transfer the

lease without the consent in writing of the Minister.

(3) For greater certainty,

section 56(2) of the Act applies where a right

under a subsurface reservoir lease is exercised under

section 56(1)(

a) of the Act.

Part 7

Miscellaneous

Request for information

67(1) The Minister may request from the following persons at any

time any relevant information or the results of any plan, study,

investigation or survey undertaking, including any work, sampling or

assessments undertaken as part of the exploration, development or

recovery of metallic and industrial minerals:

(

a) the holder of a placer minerals licence;

(

b) a rock-hosted minerals permittee;

(

c) the holder of a rock-hosted minerals lease or a brine-hosted

minerals lease;

(

d) the holder of a secondary mineral lease.

(2) The Minister may request from the holder of a subsurface reservoir

lease at any time any relevant information or the results of any plan,

study, investigation or survey undertaking, including any work,

sampling or assessments undertaken as part of the

(

a) exploration, development or recovery of minerals, or

(

b) storage or sequestration of fluids or substances.

(3) A person to whom the Minister makes a request under subsection

(1) or (2) shall provide the requested information or results to the

Minister within the time specified in the request.

Escalating rental

68(1) The escalating rental for the intermediate term of a rock-hosted

minerals lease referred to in

section 20 of the Mines and Minerals

Administration Regulation (AR 262/97) is the amount determined in

accordance with

Schedule 2 based on the area of the location described

in the rock-hosted minerals lease as it stood on the first day of that year

of the intermediate term.

(2) The escalating rental is due and payable on the first day of each

year of the intermediate term.

(3) Where a rock-hosted minerals lease is surrendered during the

intermediate term of the lease, the holder of the rock-hosted minerals

lease is not entitled to a refund of any escalating rental paid under this

section.

Prospecting

69(1) Subject to subsection (2), a person may prospect for a metallic

and industrial mineral without holding a placer minerals licence, a

rock-hosted minerals permit, a rock-hosted minerals lease, a

brine-hosted minerals lease, a secondary mineral lease or an agreement

under

section 9 of the Act.

(2) No person shall prospect on land on or near an active well, mine,

pit or quarry, including, but not limited to,

(

a) within that portion of the location described in an agreement

issued under the Act to which the holder of the agreement

has been granted surface access to the mineral rights granted

by the agreement under a disposition granted under the

Public Lands Act or by an owner of private land or the

owner's agent,

(

b) within the surface mineable area of the location of a scheme

or operation approved by the Alberta Energy Regulator under

the Oil Sands Conservation Act,

(

c) at a site or location for which a licence to mine coal has been

issued by the Alberta Energy Regulator under the Coal

Conservation Act, or

(

d) on public land within the location of a lease or licence issued

under Division 6 of

Part 3 of the Public Lands

Administration Regulation (AR 187/2011) on which

operations or work is being conducted under a detailed

operating plan approved under that Regulation,

unless that person is the holder of the agreement, licence, approval or

lease, as the case may be, or a person authorized by the holder of the

agreement, licence, approval or lease.

Part 8

Transitional Provisions

Definitions

70 In this Part,

(a) "brine-hosted minerals licence" means a brine-hosted

minerals licence issued under this Part;

(b) "former lease" means a lease issued under

Part 3 of the

former Regulation that is in effect immediately before the

coming into force of this Part;

(c) "former minerals" means, with respect to an agreement under

the former Regulation, the metallic and industrial minerals,

as defined in the former Regulation, in respect of which

rights are granted by the agreement;

(d) "former permit" means a permit issued under

Part 1 of the

former Regulation that is in effect immediately before the

coming into force of this Part;

(e) "former permit group" means a permit group made up of

former permits that was approved by the Minister under the

former Regulation and that has not expired before the coming

into force of this Part;

(f) "former Regulation" means the Metallic and Industrial

Minerals Tenure Regulation (AR 145/2005) as it read

immediately before the coming into force of this Part;

(g) "holder", in respect of a brine-hosted minerals licence, has

the same meaning as in

section 1(i);

(h) "permit transition period" means the one-year period

beginning on the coming into force of this Part;

(i) "transitional assessment work period" means the assessment

work period of a former permit that is under way

immediately before the coming into force of this Part.

Division 1

Former Permits

Transitional - former permits

71(1) A former permit is continued as a rock-hosted minerals permit

under this Regulation in respect of the former minerals that fall within

the definition of rock-hosted metallic and industrial minerals.

(2) Where a former permit grants rights in respect of former minerals

that fall within the definition of brine-hosted metallic and industrial

minerals, the former permit ceases to be in effect with respect to those

brine-hosted metallic and industrial minerals.

(3) A former permit continued as a rock-hosted minerals permit under

former permit, subject to the term of the permit becoming indefinite.

(4) A former permit group is continued as a permit group under this

group.

Transitional - assessment work period

72(1) Where a former permit is continued as a rock-hosted minerals

permit under

section 71(1), the transitional assessment work period of

the former permit continues as the assessment work period of the

rock-hosted minerals permit.

(2) Subject to subsection (3), sections 8(1) and 13(3) of the former

Regulation continue to apply in respect of an assessment work period

continued under subsection (1).

(3) For the purposes of subsection (2), the references to sections 25

and 26 in

section 8(1) of the former Regulation are to be read as

references to sections 35 and 36 of this Regulation.

(4) For greater certainty, sections 18(1) and 23(3) apply to any

assessment work periods subsequent to the assessment work period of

the rock-hosted minerals permit referred to in subsection (1) instead of

sections 8(1) and 13(3) of the former Regulation.

(5) In

section 18(2)(a), with respect to a rock-hosted minerals permit

continued under

section 71(1), "previous assessment work period"

includes the transitional assessment work period or any assessment

work period of the former permit that ended before the coming into

force of this section.

Division 2

Brine-hosted Minerals Licences

Application for brine-hosted minerals licence

73(1) The holder of a rock-hosted minerals permit continued under

section 71(1) may apply to the Minister for a brine-hosted minerals

licence.

(2) An application must

(

a) be in a form that is satisfactory to the Minister,

(

b) include any information required by the Minister, and

(

c) be submitted to the Minister before the permit transition

period expires.

Issuance of brine-hosted minerals licence

74(1) The Minister may issue a brine-hosted minerals licence to an

individual who applies under

section 73 if the Minister is satisfied that

the application meets the requirements set out in

section 73(2).

brine-hosted minerals licence that the Minister considers appropriate,

(

a) the term of the licence, or

(

b) the area, boundaries and configuration of the location

described in the licence.

Rights granted by brine-hosted minerals licence

75(1) Subject to subsection (2), a brine-hosted minerals licence

minerals licence,

(

a) the exclusive right to explore for brine-hosted metallic and

industrial minerals in the subsurface strata within and under

the location described in the licence, and

(

b) the right to remove samples of brine-hosted metallic and

industrial minerals from the location described in the licence

for the purposes of testing and of other scientific studies.

(2) The Minister may

(

a) restrict the kinds of brine-hosted metallic and industrial

minerals in respect of which rights are granted under a

brine-hosted minerals licence, and

(

b) limit the operations or activities that may be conducted under

a brine-hosted minerals licence to those operations or

activities specified by the Minister in the licence.

Area and boundaries of location

76(1) The area of the location described in a brine-hosted minerals

licence must be the same area or within the same area of the location

described in the former permit.

(2) The boundaries and configuration of the location described in a

brine-hosted minerals licence must be approved by the Minister.

Term of brine-hosted minerals licence

77(1) The term of a brine-hosted minerals licence is 5 years beginning

on the term commencement date shown in the licence.

(2) A brine-hosted minerals licence must not be renewed, extended or

continued.

Request for information

Section 67(1) and (3) apply to the holder of a brine-hosted

minerals licence in respect of the brine-hosted minerals licence.

Application for brine-hosted minerals lease

79(1) This

section applies where the holder of a brine-hosted minerals

licence applies for a brine-hosted minerals lease under

section 47 in

respect of the whole or a portion of the location described in the

licence.

(2) An application under

section 47 by the holder of a brine-hosted

minerals licence must be made before the term of the licence expires.

(3) Notwithstanding

section 48(1), the Minister may issue a

brine-hosted minerals lease to the holder of a brine-hosted minerals

licence if

(

a) the Minister is satisfied that the application meets the

requirements set out in

section 47(2), and

(

b) the holder of the licence is in compliance with the

requirements of the Act and this Part.

(4) The area of the location described in a brine-hosted minerals lease

issued to the holder of a brine-hosted minerals licence must be the

same area or within the same area of the location described in the

licence.

(5) The Minister shall not issue a brine-hosted minerals lease during

the permit transition period in respect of a location described in a

rock-hosted minerals permit continued under

section 71(1).

Division 3

Part 2 Licences and Parts 3, 4 and 4.1 Leases

Transitional -

Part 2 licences

80 A licence issued under

Part 2 of the former Regulation that is in

effect immediately before the coming into force of this

section is

continued as a placer minerals licence under this Regulation on the

Regulation.

Transitional -

Part 3 leases

81(1) A former lease that grants rights only in respect of former

minerals that fall within the definition of rock-hosted metallic and

industrial minerals is continued as a rock-hosted minerals lease under

this Regulation in respect of those rock-hosted metallic and industrial

(2) A former lease that grants rights only in respect of former minerals

that fall within the definition of brine-hosted metallic and industrial

minerals is replaced with a brine-hosted minerals lease under this

Regulation in respect of those brine-hosted metallic and industrial

minerals.

(3) A former lease that grants rights in respect of former minerals that

fall within the

definitions of rock-hosted metallic and industrial

minerals and brine-hosted metallic and industrial minerals

(

a) is continued as a rock-hosted minerals lease under this

Regulation in respect of those rock-hosted metallic and

former lease, and

(

b) is replaced with a brine-hosted minerals lease under this

Regulation in respect of those brine-hosted metallic and

industrial minerals.

(4) Where a former lease is continued as a rock-hosted minerals lease

under subsection (1) or (3)(a), the term of the former lease continues as

the primary term of the rock-hosted minerals lease, regardless of

whether the former lease was renewed under the former Regulation.

(5) The term commencement date of a brine-hosted minerals lease that

replaces a former lease under subsection (2) or (3)(

b) is the date of the

coming into force of this section.

Transitional - Parts 4 and 4.1 leases

82(1) A secondary mineral lease issued under

Part 4 of the former

Regulation that is in effect immediately before the coming into force of

this

section is renewed as a secondary mineral lease under this

the former Regulation.

(2) A subsurface reservoir lease issued under

Part 4.1 of the former

Regulation is continued as a subsurface reservoir lease under this

the former Regulation.

Part 9

Repeal, Expiry and Coming into Force

Repeal

83 The Metallic and Industrial Minerals Tenure Regulation

(AR 145/2005) is repealed.

Expiry

84 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on January 31, 2033.

Coming into force

85 This Regulation comes into force on January 1, 2023.

Schedule 1

Mineral Assessment Reports

1 In this Schedule,

(a) "Part A" means Part A of the mineral assessment report

consisting of all administrative documents accompanying the

technical report that are required

(

i) to meet the mineral assessment report filing

requirements under

Part 2 of this Regulation,

(ii) to authorize the allocation or attribution of expenditures

to the location described in a rock-hosted minerals

permit,

(iii) to authorize, if applicable, the surrender of a

rock-hosted minerals permit or a portion of the location

described in a permit, and

(iv) to support the submission of Part B and, if applicable,

Part C of the mineral assessment report;

(b) "Part B" means Part B of the mineral assessment report

consisting of the technical report describing the assessment

work, results, analyses and conclusions with respect to the

location and work period of each rock-hosted minerals permit

to which the mineral assessment report relates;

(c) "Part C" means

Part C of the mineral assessment report

consisting of any supporting or supplementary technical

appendices to Part B, the content of which may include data,

results and information supporting the method, data, results

or conclusions of the mineral assessment report;

(d) "technical author" means the person who prepares or

supervises the preparation of Part B and, if applicable,

Part

2 A mineral assessment report submitted under this Regulation

(

a) must contain Part A and Part B, and

(

b) may contain

Part C,

relating to the results of assessment work conducted on the location

described in a rock-hosted minerals permit or the permits in a permit

group during the assessment work period to which the report pertains.

3(1) One original of each of the Part A documents must be submitted

to the Minister and the Part A documents must be

(

a) complete with all required signatures and authorizations,

(

b) considered by the Minister to be of suitable quality to copy or

reproduce, and

(

c) in a format or formats approved by the Minister.

(2) One copy of Part B must be submitted to the Minister and must be

(

a) considered by the Minister to be of suitable quality to copy or

reproduce, and

(

b) in a format or formats approved by the Minister.

(3) If a mineral assessment report contains

Part C, then unless

otherwise specified by the Minister, one copy of

Part C must be

submitted to the Minister and, in the opinion of the Minister, must be

of suitable quality to copy or reproduce.

4(1) Part A must contain

(

a) a name for the project in respect of which the mineral

assessment report is being submitted,

(

b) a list of the rock-hosted minerals permits covered by the

mineral assessment report and, in respect of each permit, its

number and the name of the rock-hosted minerals permittee,

(

c) a detailed statement of expenditures incurred in conducting

assessment work during the work period of the rock-hosted

minerals permit or the work periods of the permits in the

permit group to which the mineral assessment report relates,

(

d) instructions regarding the allocation to rock-hosted minerals

permits of the expenditures on assessment work referred to in

clause (c),

(

e) instructions regarding the retention of the rock-hosted

minerals permits or of the portions of the locations described

in the permits under and in accordance with sections 30 and

33 of this Regulation, and

(

f) a map showing the location, the boundaries and the number

of each rock-hosted minerals permit in respect of which the

mineral assessment report is being submitted.

(2) Part A must include a statement or statements signed by the

mineral assessment appointee

(

a) verifying the accuracy and completeness of Part A,

(

b) verifying the completeness of Part B and, if applicable,

Part

C, and

(

c) authorizing any instructions or requests to the Minister

contained in Part A.

5 Part B must

(

a) contain page numbers on the title page and all subsequent

pages and appendices,

(

b) contain a table of contents that sets out the principal

subdivisions of the text and corresponding page numbers of

Part B and, if applicable,

Part C, and a table of illustrations

with corresponding figure numbers,

(

c) contain a text, along with technical illustrations and

tabulations, consisting of the following principal subdivisions

that contain the following information and data:

(

i) summary - a

summary of the assessment work

performed and of the results obtained with respect to the

locations described in the rock-hosted minerals permits

during the assessment work periods of the permits or

permits in the permit group for which the mineral

assessment report is being submitted;

(ii) expenditure statement - an expenditure statement with

respect to the locations described in the rock-hosted

minerals permits during the assessment work periods of

the permits or permits in the permit group for which the

mineral assessment report is being submitted;

(iii) introduction - an outline of the scope and exploration

objectives of the assessment work;

(iv) location and access - details regarding the location of

the assessment work, including reference maps showing

(

A) the location, boundaries and rock-hosted minerals

permit numbers for each permit in respect of which

that assessment work was conducted, and

(

B) the specific sites and exploration grids used for

sampling, drilling, surveying and other assessment

work within the location described in each

rock-hosted minerals permit;

(

v) work performed - a detailed description of the

assessment work, including the methods of performing

the assessment work, the name of the individual or

company who performed or supervised the work and the

dates on which the work was performed;

(vi) results - a tabulation or compilation of data collected

in the course of the assessment work, a description of

the analysis and the results of that data and reference to

each appendix in accordance with clause (e);

(vii) conclusions - an outline of the conclusions reached

from the assessment work and next steps to be taken as

a result of those conclusions;

(viii) references - a list of publications and all other sources

of information, other than the assessment work, referred

to in Part B and, if applicable,

Part C,

(

d) contain a signed statement from the technical author that

(

i) states the name and qualifications or work experience of

the technical author,

(ii) provides authorization to copy or reproduce Part B and,

if applicable,

Part C after the end of the one-year

confidentiality period referred to in

section 37(1) of this

Regulation, and

(iii) accepts responsibility for the veracity of the technical

data and results,

and

(

e) refer to each appendix contained in

Part C, if applicable, with

respect to key findings, a

summary of results or the relevance

of the appendix to the mineral assessment report results.

6 The following kinds of work may be submitted to the Minister as

assessment work for the purposes of the spending requirements of

sections 18(1) and (3) and 36(3) of this Regulation:

(

a) prospecting;

(

b) stripping and trenching;

(

c) shaft sinking, tunnelling and other underground work;

(

d) drilling;

(

e) geological survey;

(

f) geophysical survey;

(

g) geochemical survey;

(

h) legal land survey;

(

i) transporting drill core and mineral samples to a core storage

facility or other location approved by the Minister;

(

j) reclamation of disturbed sites;

(

k) any other type of work approved by the Minister as

assessment work for the purposes of the spending

requirements of sections 18(1) and (3) and 36(3) of this

Regulation.

7 With respect to data and results submitted in Part B or, if

applicable,

Part C,

(

a) all locations and data must be reported using geographic

coordinates, units of measure or other data conventions

approved by the Minister,

(

b) if mineral sampling or drilling is reported, an identification

code must be provided for each mineral sample, drill core or

cutting, for use as a reference code in all descriptions, assays

and analyses of that mineral sample, drill core or cutting, and

(

c) if sampling, drilling or other on-site analysis is reported, a

point location code or name must be provided with the

description of each sample, drill core, cutting or on-site

analysis to distinguish work performed and material collected

at the same point location from work performed and material

collected at different point locations.

8(1) Drilling results must include clearly legible drill logs.

(2) Mineral sampling results must identify

(

a) the date when the sampling took place,

(

b) the size and type of sample,

(

c) the sampling location, given by geographic coordinates and

shown on a map, and

(

d) the observed physical or geological characteristics of the

sample.

(3) If assays or analytical results are reported, the mineral assessment

report must also include

(

a) a description of the analytical methods used and indicated

detection limits,

(

b) a clearly legible signed copy of the certified laboratory report

submitted by the analytical facility that furnished the assays

or analytical results, and

(

c) cross-references between the laboratory report and the

samples or drill core identification code provided under

section 7(

b) of this Schedule.

Schedule 2

Escalating Rental

Year of the

intermediate term of

rock-hosted minerals

lease

Escalating rental

(per hectare)

$3.00

$3.00

$4.00

$4.00

$6.00

$6.00

$8.00

$10.00

$12.00

$14.00

$17.00

$21.00

$26.00

$32.00

$40.00

--------------------------------

Alberta Regulation 266/2022

Mines and Minerals Act

MINES AND MINERALS ADMINISTRATION

AMENDMENT REGULATION

Filed: December 21, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 417/2022)

on December 21, 2022 pursuant to

section 5 of the Mines and Minerals Act.

1 The Mines and Minerals Administration Regulation

(AR 262/97) is amended by this Regulation.

Section 16(3) is amended by striking out "metallic and

industrial minerals licence under the Metallic and Industrial Minerals

Tenure Regulation (AR 145/2005)" and substituting "placer

minerals licence under the Metallic and Industrial Minerals Tenure

Regulation".

Section 20 is amended

(

a) by renumbering subsection (1) as subsection

(1.1) and by adding the following before subsection

(1.1):

Annual rentals

20(1) In this section, the terms "placer minerals licence",

"rock-hosted minerals permit", "rock-hosted minerals lease",

"brine-hosted minerals lease", "secondary mineral lease" and

"subsurface reservoir lease" have the meanings given to them in

the Metallic and Industrial Minerals Tenure Regulation.

(

b) by repealing subsection (3) and substituting the

following:

(3) A rental for a year of the term of an agreement is payable at

the rate of $3.50 per year for each hectare in the area of the

location of the agreement, subject to a minimum of $50 per year

except in the case of

(

a) an agreement referred to in

section 57(5)(

c) or 116 of

the Act,

(

b) a placer minerals licence,

(

c) a rock-hosted minerals permit,

(

d) an intermediate term of a rock-hosted minerals lease,

(

e) a secondary mineral lease, or

(

f) a subsurface reservoir lease.

(

c) by adding the following after subsection (3.1):

(3.11) A rental for a year of the intermediate term of a

rock-hosted minerals lease is payable at the rate referred to in

subsection (3) plus an escalating rental under

section 68 of the

Metallic and Industrial Minerals Tenure Regulation.

(

d) by repealing subsection (3.2) and substituting the

following:

(3.2) A rental for a year of the term of a subsurface reservoir

lease is payable in the amount determined under the lease.

(3.3) Notwithstanding subsection (1.1), no rental is payable in

respect of a placer minerals licence, rock-hosted minerals permit

or secondary mineral lease.

(

e) in subsection (4) by adding "and

section 68(2) of the

Metallic and Industrial Minerals Tenure Regulation" after

"(5) and (6)".

4 The

Schedule is amended

(

a) in item 4 by striking out "metallic and industrial

minerals" and substituting "placer minerals";

(

b) by adding the following after item 4:

4.1

Fee for an application for a rock-hosted

minerals permit, rock-hosted minerals lease,

brine-hosted minerals lease, secondary

mineral lease or subsurface reservoir lease

under the Metallic and Industrial Minerals

Tenure Regulation

$625

(

c) by adding the following after item 6:

6.1

Renewal fee for a secondary mineral lease

under

section 61 of the Metallic and

Industrial Minerals Tenure Regulation

$625

5 This Regulation comes into force on January 1, 2023.

--------------------------------

Alberta Regulation 267/2022

Environmental Protection and Enhancement Act

CONSERVATION AND RECLAMATION

AMENDMENT REGULATION

Filed: December 21, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 419/2022)

on December 21, 2022 pursuant to

section 146 of the Environmental Protection and

Enhancement Act.

1 The Conservation and Reclamation Regulation

(AR 115/93) is amended by this Regulation.

Section 1 is amended

(

a) in clause (

f) by striking out "(AR 214/98)" and

substituting "(AR 284/2006)";

(

b) in clause (h.1) by striking out "or renewable energy

operation" and substituting ", renewable energy operation

or mineral resource exploration operation";

(

c) by adding the following after clause (k):

(k.01) "mineral resource exploration operation" means any

investigation, work or act, together with associated

infrastructure, to determine the presence of mineral

resources, as defined in the Mineral Resource

Development Act, by test drilling, excavation or other

means that results in surface disturbance or that may

cause an adverse effect, but excludes

(

i) an exploration operation as defined in clause (f),

and

(ii) an exploration operation that is the subject of a

permit, licence or approval under the Exploration

Regulation (AR 284/2006);

(

d) in clause (

t) by adding the following after subclause

(vii):

(vii.1) the conduct or reclamation of a mineral resource

exploration operation,

Section 6(2)(

a) is amended by striking out "1(t)(

i) or (vii)"

and substituting "1(t)(i), (vii) or (vii.1)".

Section 15 is amended by adding the following after

subsection (4):

(5) Where a reclamation certificate is issued under the Act in respect

of an activity referred to in

section 1(t)(vii.1), no environmental

protection order regarding conservation or reclamation may be made

under

section 142(2) of the Act more than 25 years after the date of

issuance of the reclamation certificate.

5 This Regulation comes into force on the coming into

force of

section 55(

a) of the Mineral Resource Development

Act.

--------------------------------

Alberta Regulation 268/2022

Alberta Personal Income Tax Act

ALBERTA AFFORDABILITY PROGRAM

REGULATION

Filed: December 21, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 422/2022)

on December 21, 2022 pursuant to

section 35.09 of the Alberta Personal Income Tax

Act.

Definitions

1 In this Regulation,

(a) "Act" means the Alberta Personal Income Tax Act;

(b) "cohabiting spouse or common-law partner" has the meaning

given to it in

section 122.6 of the federal Act.

Prescribed dates and periods

2(1) For the purposes of

section 35.03(1)(a), (4)(

a) and (5)(

a) of the

Act, the prescribed dates in respect of each month are

(

a) November 30, 2022, and

(

b) the first day of the month.

(2) For greater certainty, for the purposes of

section 35.03(1)(a), (4)(

a) and (5)(

a) of the Act, an individual must have been resident in Alberta

on both dates referred to in subsection (1).

(3) For the purposes of

section 35.03(2) of the Act, in respect of each

month, an eligible individual has a qualified dependant within a

prescribed period if the eligible individual has that qualified dependant

at any time within the month.

(4) For the purposes of

section 35.03(4)(

b) of the Act, in respect of

each month, an individual was at least 65 years of age within a

prescribed period if the individual attained the age 65 at any time

within the month.

(5) For the purposes of

section 35.03(5)(

b) of the Act, in respect of

each month, an individual was receiving benefits, income support

payments or services during a prescribed period if the individual was

receiving benefits, payments or services at any time within the month.

Prescribed criteria

3(1) For the purposes of

section 35.03(1)(

b) and (4)(

c) of the Act, the

following are prescribed criteria:

(

a) the program income determined in accordance with

subsection (3) in respect of the individual is less than

$180 000;

(

b) the individual was not confined to a prison or similar

institution for a period of at least 90 days that includes the

first day of the month.

(2) For the purposes of

section 35.03(5)(

d) of the Act, the prescribed

criteria is that the individual was not confined to a prison or similar

institution for a period of at least 90 days that includes the first day of

the month.

(3) For the purposes of subsection (1)(a), the program income of an

individual is the total of all amounts each of which is, in respect of the

individual or of the person who was the individual's cohabiting spouse

or common-law partner, the amount determined for the 2021 taxation

year by the formula

A - (B + C +

D) where

A is the amount on line 15000 of the applicable person's return

of income filed under the Income Tax Act (Canada) for the

2021 taxation year;

B is the amount on line 21000 of the applicable person's return

of income filed under the Income Tax Act (Canada) for the

2021 taxation year;

C is the amount on line 32000 of the applicable person's return

of income filed under the Income Tax Act (Canada) for the

2021 taxation year;

D is the sum of the amounts on lines 33099 and 33199 of the

applicable person's return of income filed under the Income

Tax Act (Canada) for the 2021 taxation year.

(4) For the purposes of subsection (3), if a notice of assessment has

not been sent in respect of the individual's or cohabiting spouse's or

common-law partner's return of income for the 2021 taxation year, the

amounts in A to D shall be the amounts that are determined by the

applicable Benefit Minister using the same information that would

have been used by the individual or cohabiting spouse or common-law

partner to report an amount on the applicable line of a return of income

for that year.

--------------------------------

Alberta Regulation 269/2022

Fuel Tax Act

FUEL TAX AMENDMENT REGULATION

Filed: December 21, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 423/2022)

on December 21, 2022 pursuant to

section 71 of the Fuel Tax Act.

1 The Fuel Tax Regulation (AR 62/2007) is amended by this

Regulation.

2 The following is added after

section 4:

Oil price tax rate adjustment

4.1(1) This

section applies for the purposes of

section 11(2) of the

Act.

(2) In this section,

(a) "USD" means United States dollars, and

(

b) for greater certainty, the amounts of oil price tax rate

adjustments are expressed in Canadian dollars.

(3) Where the market price of oil for a calendar quarter is

(a) 90 USD or higher, the oil price tax rate adjustment applicable

during that calendar quarter with respect to gasoline, diesel,

renewable diesel, renewable alcohol, methanol and

condensate shall be $0.13 per litre,

(b) 85 to 89.99 USD, the oil price tax rate adjustment applicable

during that calendar quarter with respect to gasoline, diesel,

renewable diesel, renewable alcohol, methanol and

condensate shall be $0.085 per litre, and

(c) 80 to 84.99 USD, the oil price tax rate adjustment applicable

during that calendar quarter with respect to gasoline, diesel,

renewable diesel, renewable alcohol, methanol and

condensate shall be $0.04 per litre.

(4) Where

(

a) neither

section 11(1)(a)(ii) of the Act nor subsection

(3) applies during a particular calendar quarter, and

(

b) either

section 11(1)(a)(ii) of the Act or subsection (3)(

a) applied during the calendar quarter immediately preceding

the particular calendar quarter,

the oil price tax rate adjustment applicable during the particular

calendar quarter with respect to gasoline, diesel, renewable diesel,

renewable alcohol, methanol and condensate shall be $0.04 per litre.

(5) For the purposes of subsection (3), the market price of oil for a

calendar quarter is the simple average of the WTI prices for the most

recent 20 trading days ending before the 16th day of the calendar

month that immediately precedes the calendar quarter expressed in

USD rounded to the nearest cent, where

(

a) the WTI price for a trading day is the settlement price for the

day of the prompt month contract of West Texas

Intermediate crude futures traded on NYMEX, as reported by

the U.S. Energy Information Administration, and

(

b) a trading day is a day during which a prompt month contract

referred to in clause (

a) is traded on NYMEX.

3 This Regulation is deemed to have come into force on

April 1, 2022.

Alberta Regulation 270/2022

Forests Act

Mines and Minerals Act

Public Lands Act

METALLIC AND INDUSTRIAL MINERALS

EXPLORATION AMENDMENT REGULATION

Filed: December 21, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 426/2022)

on December 21, 2022 pursuant to

section 4 of the Forests Act,

section 5 of the Mines

and Minerals Act and sections 8 and 9 of the Public Lands Act.

1 The Metallic and Industrial Minerals Exploration

Regulation (AR 213/98) is amended by this Regulation.

Section 1(1)(

e) is repealed and the following is

substituted:

(e) "drillhole" means a hole that is drilled to explore for rock-

hosted metallic and industrial minerals as defined in the

Metallic and Industrial Minerals Tenure Regulation;

Section 2 is amended by repealing clause (

b) and

substituting the following:

(

b) the drilling of a well or the undertaking of any operations

preparatory or incidental to the drilling of a well

(

i) for the purpose of exploring for brine-hosted metallic

and industrial minerals as defined in the Metallic and

Industrial Minerals Tenure Regulation, or

(ii) for which a licence is required under the Oil and Gas

Conservation Act, other than

(

A) the drilling of a drillhole and any operations

preparatory or incidental to such drilling, and

(

B) the drilling of a hole to determine or evaluate the

presence, extent, nature or quality of ammonite

shell as defined in the Ammonite Shell Regulation

(AR 152/2004) or any mineral that is extracted in

salt form and any operations preparatory or

incidental to such drilling;

4 This Regulation comes into force on January 1, 2023.

--------------------------------

Alberta Regulation 271/2022

Responsible Energy Development Act

SPECIFIED ENACTMENTS (JURISDICTION)

AMENDMENT REGULATION

Filed: December 21, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 427/2022)

on December 21, 2022 pursuant to

section 26 of the Responsible Energy

Development Act.

1 The Specified Enactments (Jurisdiction) Regulation

(AR 201/2013) is amended by this Regulation.

Schedule 2 is amended

(

a) in

section 1(g)(

i) by striking out "(bb)" and

substituting "(aa)";

(

b) in

section 2

(

i) in clause (b.2) by striking out ", (

x) and (xi)" and

substituting "and (x)";

(ii) in clause (

c) by striking out ", 5 and 6" and

substituting "and 5";

(

c) by adding the following after clause (c):

(c.1) item (f)(ii) listed in

Part 6 of Division 2 of

Schedule 1;

3 This Regulation comes into force on the coming into

force of

section 55(

a) of the Mineral Resources

Development Act.

Alberta Regulation 272/2022

Responsible Energy Development Act

RESPONSIBLE ENERGY DEVELOPMENT ACT

GENERAL AMENDMENT REGULATION

Filed: December 21, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 428/2022)

on December 21, 2022 pursuant to

section 60 of the Responsible Energy

Development Act.

1 The Responsible Energy Development Act General

Regulation (AR 90/2013) is amended by this Regulation.

Section 8.1 is amended by adding the following after

clause (c.1):

(c.2) sections 6(1), 9(1), (2) and (4), 10(1), 14(1), (2) and (4),

17(1), (2) and (4), 22(2), 23(6), 27(1), 28, 29, 32(1) and (4),

33(1), (2) and (4), 37, 39(1), 47(5), 49(2), (3), (4)(b), (9) and

(10) and 50(1) of the Mineral Resource Development Act;

3 This Regulation comes into force on the coming into

force of

section 61 of the Mineral Resource Development

Act.

--------------------------------

Alberta Regulation 273/2022

Alberta Housing Act

SOCIAL HOUSING ACCOMMODATION

AMENDMENT REGULATION

Filed: December 23, 2022

For information only: Made by the Minister of Seniors, Community and Social

Services (M.O. H:031/2022) on December 21, 2022 pursuant to

section 34(1)(i)(ii) of

the Alberta Housing Act.

1 The Social Housing Accommodation Amendment

Regulation (AR 207/2022) is amended by this Regulation.

Section 12(

b) is repealed.

Alberta Regulation 274/2022

Alberta Housing Act

SOCIAL HOUSING ACCOMMODATION

AMENDMENT REGULATION

Filed: December 23, 2022

For information only: Made by the Minister of Seniors, Community and Social

Services (M.O. H:032/2022) on December 22, 2022 pursuant to

section 34(1)(i)(ii) of

the Alberta Housing Act.

1 The Social Housing Accommodation Regulation

(AR 244/94) is amended by this Regulation.

Schedule B is amended

(

a) in

Part 1 by repealing

section 3 and substituting the

following:

3 The minimum basic rent that may be set and charged a

household per month is an amount equivalent to the maximum

monthly core shelter payment that may be provided to a

household unit consisting of one adult and no children under

section 8(b)(ii) of the

Schedule to the Income and Employment

Supports Act.

(

b) in

Part 2 by repealing

section 1 and substituting the

following:

1 The basic rent to be charged a household occupying social

housing accommodation, excluding lodge accommodation,

where one or more members of the household are in receipt of a

social allowance or a grant from the Government of Alberta for

full-time study in a basic foundation skills program, is to be

determined as follows:

(

a) with respect to household members who are in receipt

of a social allowance or a grant from the Government of

Alberta for full-time study in a basic foundation skills

program, an amount equivalent to the maximum

monthly core shelter payment under

section 8(b)(ii) of

the

Schedule to the Income and Employment Supports

Act, and

(

b) with respect to other household members, 30% of the

household's total annual income, excluding the income

from any household member referred to in clause (a).

(

c) by repealing Table 1.

3 This Regulation comes into force on January 1, 2023.