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1998 Legislative Session: 3rd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 7th day of May, 1998

Ian D. Izard, Law Clerk

HONOURABLE DAN MILLER

MINISTER OF ENERGY AND MINES

AND MINISTER RESPONSIBLE FOR

NORTHERN DEVELOPMENT

BILL 12 – 1998

MINING RIGHTS AMENDMENT ACT, 1998

Preamble

WHEREAS the mining industry is important to the socio-economic interests of British

Columbia;

AND

WHEREAS it is in the best interests of British Columbia that the mining industry be

economically viable and globally competitive;

AND

WHEREAS British Columbia mining companies and their employees are recognized in

Canada and around the world for their mineral exploration, development and operational

expertise, mineral process engineering and environmental management, reclamation and

protection services;

AND

WHEREAS the government encourages responsible exploration for, and development and

operation of, mines in British Columbia;

AND

WHEREAS the government is committed to a timely and efficient approval process for

mining activities;

AND

WHEREAS the government recognizes the rights of persons to obtain access to their

mineral tenures and to carry out mining activities responsibly and in accordance with

higher level plans under the Forest Practices Code of British Columbia Act and with the

law outside legally designated protected areas, including the rights of persons to obtain

access to their mineral tenures and to carry out mining activities responsibly in

non-protected areas in which there are special management considerations developed under

land use planning processes;

AND

WHEREAS the government is committed to ensuring a productive and prosperous future

for the mining industry and British Columbians who rely on the mining industry for

employment, mineral products, public revenue and social and financial security;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly

of the Province of British Columbia, enacts as follows:

Mineral Tenure Act

1 The Mineral Tenure Act, R.S.B.C. 1996, c. 292, is amended by adding the

following:

Certainty of access to mineral titles

11.1

(1) In this section, "mining exploration" does not include

the collection of a bulk sample of more than 1 000 tonnes of ore.

(2) A recorded holder of a mineral title or an owner of a Crown granted 2 post claim

must be issued a special use permit under the Forest Practices Code of British Columbia

Act, subject to any applicable higher level plan under that Act and to any terms and

conditions set by the issuing authority, for the construction of appropriate access to the

area of that mineral title or Crown granted 2 post claim for mining exploration, if the

recorded holder or owner

(

a) is the holder of a permit under the Mines Act for the mining exploration,

(

b) applies for and receives the written approval of the Chief Inspector of Mines to

the issuance under the Forest Practices Code of British Columbia Act of the special

use permit, and

(

c) applies under the Forest Practices Code of British Columbia Act for the

special use permit.

(3) For the purpose of this section, the Chief Inspector of Mines, after considering

practicable alternative means of access, may grant or refuse the written approval referred

to in subsection (2).

Compensation

17.1

(1) If, after the coming into force of this section, the minister

responsible for the administration of the Park Act expropriates under

section 11 of

the Park Act the rights of a recorded holder of a lease or claim or of an

owner of a Crown granted 2 post claim, compensation is payable to the recorded holder or

owner, as the case may be, in an amount equal to the value of the rights expropriated, to

be determined under the regulations.

(2) If the minister responsible for the administration of this Act and the recorded

holder or owner, as the case may be, do not agree as to the amount of compensation that is

payable under subsection (1), the minister or the recorded holder or owner may require the

dispute to be settled by a single arbitrator who has the prescribed qualifications and is

to be appointed by the minister.

(3) The award of the single arbitrator appointed by the minister responsible for the

administration of this Act is binding on the parties to the arbitration.

(4) Despite subsection (1), no compensation is payable under this

section to the

recorded holder of a claim if the minister believes on reasonable grounds that the claim

was acquired or is being held

(

a) for other than a mining activity, or

(

b) mainly in the expectation of receiving compensation or other consideration if the

area, under the Park Act, is acquired or expropriated.

Section 65 (2) is amended by adding the following:

(d.1) for the purposes of

section 17.1,

(

i) determining value and defining the components that comprise value,

(ii) methods of evaluation for use in determining value, that may differ according to

different components of value,

(iii) factors to be taken into account in an evaluation,

(iv) defining the role of evaluators in a determination of value and prescribing

qualifications for evaluators that are prerequisite to their participation in the

determination of value, and

(

v) prescribing the qualifications for a single arbitrator referred to in

section 17.1;

Mines Act

Section 38 (2) of the Mines Act, R.S.B.C. 1996, c. 293, is amended by adding

the following:

(a.1) respecting applications for, and the issuance of, permits and approvals,

including but not limited to prescribing time limits within which specified steps in the

application process must be taken; .

Consequential Amendments

Coal Act

4 The Coal Act, R.S.B.C. 1996, c. 51, is amended

(

a) by adding the following sections:

Compensation

7.1

(1) If, after the coming into force of this section, the minister

responsible for the administration of the Park Act expropriates under

section 11 of

the Park Act the rights of the licensee under a licence or of the lessee under a

lease, compensation is payable to the licensee or lessee, as the case may be, in an amount

equal to the value of the rights expropriated, to be determined under the regulations.

(2) If the minister responsible for the administration of this Act and the licensee or

lessee, as the case may be, do not agree as to the amount of compensation that is payable

under subsection (1), the minister or the licensee or lessee may require the dispute to be

settled by a single arbitrator who has the prescribed qualifications and is to be

appointed by the minister.

(3) The award of the single arbitrator appointed by the minister responsible for the

administration of this Act is binding on the parties to the arbitration.

Certainty of access

12.1

(1) A licensee must be issued a special use permit under the Forest

Practices Code of British Columbia Act, subject to any applicable higher level plan

construction of appropriate access to the area of that licence for mining exploration, if

the licensee

(

a) is the holder of a permit under the Mines Act for the mining exploration,

(

b) applies for and receives the written approval of the Chief Inspector of Mines to

the issuance under the Forest Practices Code of British Columbia Act of the special

use permit, and

(

c) applies under the Forest Practices Code of British Columbia Act for the

special use permit.

(2) For the purpose of this

section the Chief Inspector of Mines, after considering

practicable alternative means of access, may grant or refuse the written approval referred

to in subsection (1). , and

(

b) in

section 29 (2) by adding the following:

(e.1) for the purposes of

section 7.1,

(

i) determining value and defining the components that comprise value,

(ii) methods of evaluation for use in determining value, that may differ according to

different components of value,

(iii) factors to be taken into account in an evaluation,

(iv) defining the role of evaluators in a determination of value and prescribing

qualifications for evaluators that are prerequisite to their participation in the

determination of value, and

(

v) prescribing the qualifications for a single arbitrator referred to in

section 7.1;

Expropriation Act

Section 2 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended by adding

the following:

(3.1) After the coming into force of this subsection, this Act does not apply to an

expropriation under

section 11 (2) of the Park Act of an interest in land in the

form of

(

a) rights under a lease, as defined in the Mineral Tenure Act, of the recorded

holder of the lease,

(

b) rights under a lease, as defined in the Coal Act, of the lessee, or

(

c) rights under a Crown granted 2 post claim of its owner.

Park Act

Section 11 of the Park Act, R.S.B.C. 1996, c. 344, is amended

(

a) in subsection (2) by repealing paragraphs (

a) and (

b) and substituting the

following paragraphs:

(

a) land,

(

b) rights under a lease, as defined in the Mineral Tenure Act, of the recorded

holder of the lease,

(

c) rights under a claim, as defined in the Mineral Tenure Act, of the recorded

holder of the claim,

(

d) rights under a Crown granted 2 post claim of its owner, as defined in the Mineral

Tenure Act,

(

e) rights under a lease, as defined in the Coal Act, of the lessee under the

lease, or

(

f) rights under a licence, as defined in the Coal Act, of the licensee. , and

(

b) by repealing subsection (3) and substituting the following:

(3) In subsection (2), "Crown granted 2 post claim" has the same meaning as

in the Mineral Tenure Act.

Commencement

7 This Act comes into force by regulation of the Lieutenant Governor in Council.

Copyright © 1998:

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