1990 BILL 24 Second Session, 22nd Legislamre, 39 Elizabetii II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 24 MINES AND MINERALS AMENDMENT ACT, 1990 MRS. BLACK First Reading Second Reading Committee of tiie Whole Thkd Reading Royal Assent

Bill 24 Mrs. Black BILL 24 1990 MINES AND MINERALS AMENDMENT ACT, 1990 (Assented to , 1990) HER MAJESTY, by and with die advice and consent of the Legislative Assembly of Alberta, enacts as foUows: 1 The Mines and Minerals Act is amended by this Act. 2

Section 5(1) is amended by adding the following ctfter clause (d): (d.

l) prescribing annual rentals for agreements; 3

Section 8(1 )(

e) is repealed and the following is substituted: (

e) reinstate an agreement, a part of tiie location of an agreement or a zone in the location of an agreement, that has been surrendered, cancelled or forfeited, if (

i) an application for reinstatement is received in the Department within 90 days after the date of the surrender, cancellation or forfeitme, (ii) the Minister has not already issued anotiier agreement in respect of the location, the part of the location or the zone in the location, as the case may be, in respect of which the application is made, and (iU) the Minister considers that tiie ckcumstances warrant the reinstatement; 4 The following is added after

section 39: 39.1 Where the annual rental provided for in an agreement differs from the annual rental prescribed for the agreement by the 1

Explanatory Notes 1 This BUI will amend

chapter M-15 of tiie Revised Stamtes of Alberta 1980. 2

Section 5(l)(

d) presently reads: 5(1) The Lieutenant Governor in Council may make regulations (

d) respecting the terms and conditions of agreements; 3

Section 8(l)(

e) presently reads: 8(1) The Minister nuiy (

e) reinstate an agreement, a part of the location of an agreement or a zone in the location of an agreement that has been surrendered, cancelled or forfeited, if application for the reinstatement is made (

i) within 30 days of the date of the surrender, cancellation or forfeiture, or (ii) within 90 days of the date of the surrender, cancellation or forfeiture, when the surrender, cancellation or forfeiture was made in error; 4 Annual rentals. Explanatory Notes

regulations, the annual rental prescribed by die regulations prevaUs. 5

Section 53 is amended (

a) by repealing subsection (1) arui substituting the following: 53(1) No person shaU win, work or recover a mineral tiiat is the property of tiie Crown in right of Alberta unless he is autiiorized to do so under this Act or by an agreement. (

b) by repealing subsection (5) and sid)stituting the following:

(5) The Minister may autiiorize in writing the conducting of operations in respect of a mineral that is the property of the Crown in right of Alberta and diat is not die subject of an agreement issued under this Act where the Minister is of the opinion that die operations are deskable in respect of the exploration for or the development, processing or recovery of minerals. 6

Section 59 is ameruied by adding the following ctfter subsection (4):

(5) A prosecution for an offence under

section 53(1) may be commenced within 60 months from the date on which the subject-matter of the prosecution arose, and not afterwards. 7 Sections 63(1). 76(1) and 83(1) are repealed. 8

Section 140 is amended by adding the following after subsection (10):

(11) When an agreement is reinstated pmsuant to

section 8(l)(e), the agreement is subject to all the security notices registered against the agreement when k was surrendered, cancelled or forfeited, as though the agreement had not been surrendered, cancelled or forfeited. 9

Section 150 is amended (

a) by repealing clause (

b) and substituting the following:

Section 53 presently reads in part: 53(1) No person shall win. work or recover a mineral that is the property erf the Crown in right ofAlberta unless (

a) he is the holder of an agreement that pertains to that mineral, or (

b) he is authorized to do so under this Act or an agreement.

(5) The Minister may authorize in writing an applicant for an agreement to conduct operations on the land that is the subject of the agreement applied for before the agreement is issued. 6 Time limitation for prosecution. 7 Sections 63(1), 76(1) and 83(1) presently read: 63(1) The annual rental for a coal lease shall be $2.50 per hectare payable yearly in advance. 76(1) The annual rental for a quarriable mineral lease shall be $2.50 per hectare payable yearly in advance. 83(1) The annual rental under a lease of coal rights in a road allowance shall be $50 payable yearly in advance. 8 Effect of remstatement on security kiterests. 9

Section 150 presentiy reads in part: 150 In this Part, Explanatory Notes

(b) "exploration" means, (

i) in relation to petioleum and natural gas, (

A) any operations on or over land or water tt) determine geologic conditions underlying the surface of land or water, and (

B) any operations that are preparatory to or otherwise connected with the operations described in paragraph (

A) that, in the opinion of the Minister, have the potential to cause surface disttirbance, and (ii) in relation tt) minerals otiier tiian petioleum and natmal gas, (

A) any investigation, work or act to determine the presence of a mineral that, in the opinion of the Minister, results in a distmbance of the surface of land, and (

B) any operations tiiat are preparatory tt) or otherwise connected with the operations described in paragraph (

A) tiiat, in the opinion of the Minister, have die potential to cause surface distmbance, but does not include operations exempted from this Part by the regulations; (

b) by repealing clause (

d) and substituting the following: (d) "exploration equipment" means any equipment used or employed in exploration but does not include any type of equipment exempted from tiiis Part by the Minister; 10

Section 152(

m) is repealed. 11

Section 153 is amended by renumbering it as

section 153(1) and by adding the following after subsection (1):

(2) The Minister may exempt from this Part any equipment used or employed in exploration.

(b) "exploration" means any operations on or over land or water to determine geologic or other conditions underlying the surface of land or water, but does not include any kind of operation exempted from this Part by the regulations; (d) "exploration equipment" means any equipment used or employed in exploration but does not include any type of equipment exempted from this Part by the regulations; 10

Section 152 presently reads in part: 752 The Lieuterumt Governor in Council may make regulations (

m) exempting any kind of exploration equipment from this Part; 11

Section 153 presently reads: 153 The Minister may (

a) refuse to grant an exploration approval or refuse to issue a licence or permit, or Explanatory Notes

12 The Builders' Lien Act is amended (

a) by repealing

section 26(5); (

b) by adding the following after

section 26: 26.1(1) When a lien attaches to an estate or interest in minerals held dkectiy from die Crown in right of Alberta and the estate or interest (

a) is less tiian a fee simple estate, and (

b) is not registered under the Land Titles Act, the statement of Uen shaU be registered with the Minister of Energy and not with the Registiar and this Act applies to all claims of Uen so registered with die Minister of Energy.

(2) When (

a) the estate or interest in a mineral on which a Uen attaches arises under an agreement issued in respect of die mineral under the Mines and Minerals Act. (

b) the agreement is surrendered, cancelled or forfeited after die Uen attaches, and (

c) die agreement is subsequentiy reinstated under

section 8(l)(

e) of the Mines and Minerals Act. the agreement is, for the purposes of the Uen, deemed not to have been surrendered, cancelled or forfeited. 13 Sections 4 and 7 come into force on Proclamation.

(

b) make an exploration approval, licence or permit subject to any conditions he prescribes. 12 Consequential. 13 Coming into force. Explanatory Notes Title: 1990 (22nd 2nd) Bill 24, Mines and Minerals Amendment Act, 1990