Second

Session, 50th General Assembly

Charles III, 2023

BILL 59

AN ACT TO AMEND THE

MINERAL ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE ANDREW

PARSONS, K.C.

Minister of Industry,

Energy and Technology

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Mineral Act to

allow for unlimited one-year extensions

of mineral licences after 20 years;

allow for the reinstatement of mineral

licences in certain circumstances;

allow for the extension of

expired mineral licences in certain circumstances;

replace references to

"Trial Division" with the correct reference "Supreme

Court";

replace references to the

number "1" with the word "one";

replace references to " Public Inquiries Act " with the

correct reference " Public Inquiries

Act, 2006 "; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE MINERAL ACT

Analysis

S.2 Amdt.

Interpretation

S.4.1 Amdt.

Labrador Inuit rights

S.5 Amdt.

Report of search

S.6 Amdt.

Registration

S.11 Amdt.

Right to stake

S.13 Amdt.

Order permitting search

S.14 Amdt.

Compensation

S.19 Amdt.

Inspections

S.24 Amdt.

Assignment permitted

S.25 Amdt.

Surrender of licence

S.26.1 Added

Reinstatement of licence

S.28.1 Amdt.

Extension of licence more than 20 years

S.28.2 Added

Extension of expired licence

S.36 Amdt.

Right to move chattels and structures

S.37 Amdt.

Mineral Rights Adjudication Board

S.39 Amdt.

Adjudication

S.40 Amdt.

Appeal to Supreme Court

S.44 Amdt.

No compensation

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cM-12

as amended

1. Paragraph 2(1)(

d) of the Mineral Act is repealed and the following substituted:

(d) "department" means the department

presided over by the minister;

2. Subsection 4.1(2) of the Act is amended by deleting the words

"he or she" and substituting a comma and the words "the

minister".

3. Subsection 5(3) of the Act is amended by

deleting the words "him or her" and substituting the words "the

minister".

4. Subsection 6(3) of the Act is amended by

deleting the words "he or she" and substituting a comma and the words

"the recorder".

5. Subsection 11(4) of the Act is amended

(

a) by deleting the words "he or she"

and substituting the words "the person"; and

(

b) by deleting the word "persons" and

substituting the word "person's".

Section 13 of the Act is amended by deleting

the words "his or her" wherever they appear.

7. (1) Subsection 14(2) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

(2) Subsection 14(5) of the Act is amended by

deleting the words "him or her" and substituting the words "that

person".

Section 19 of the Act is amended by deleting

the words "him or her" and substituting the words "the

minister".

9. Subsection 24(2) of the Act is amended by

deleting the words "his or her".

10. Paragraph 25(1)(

a) of the Act is amended by

deleting the words "his or her" and substituting the words "the

licensee's".

11. The Act is amended by adding immediately after

section 26 the following:

Reinstatement of

licence

26.1

(1) Where

a licence is cancelled under

section 26 for failure to submit an annual assessment

report, the minister may reinstate the licence where, no later than 30 days

after the date on which the licence was cancelled, the licensee

(

a) submits to the minister

(

i) an application for reinstatement,

(ii) the fee prescribed by the minister, and

(iii) the annual assessment report and account of

expenditures showing that the assessment work was completed as required under

this Act and the regulations; and

(

b) pays the greater of

(i) $1,000, or

(ii) $100 per map staked claim held under the

licence.

(2) Where a licence is cancelled as a result of an

error by the department, the minister may reinstate the licence where, no later

than 30 days after the date on which the licence was cancelled,

(

a) the error is discovered by the recorder; or

(

b) the error is discovered by the licensee and

the licensee notifies the recorder of the error.

12. Subsection 28.1(1) of the Act is repealed and

the following substituted:

Extension of

licence more than 20 years

28.1

(1) A licence that has been extended 3 times under

section 28

may be extended under this

section for additional one year periods where the

licensee

(

a) submits to the

minister before the expiry of the licence

(

i) an application for

extension,

(ii) the documentation

prescribed by the minister, and

(iii) the fee prescribed

by the minister;

(

b) has complied with

all the terms, provisions and conditions of the licence during its currency;

and

(

c) has either

(

i) filed with the

recorder a report of the assessment work and account of expenditures required

by Condition 3 of

Schedule B, or

(ii) has been granted an

extension under Condition 2 of

Schedule B.

13. The Act is amended by adding immediately after

section

28.1 the following:

Extension of

expired licence

28.2

(1) Where

a licence expires for failure to extend under

section 28 or 28.1, the minister

may extend the licence where, no later than 30 days after the date on which the

licence expired, the licensee

(

a) submits to the minister

(

i) an application for extension under

section 28

or 28.1,

(ii) either,

(

A) for an extension under

section 28, the documentation required under subparagraph 28(1)(a)(ii)

and proof, satisfactory to the minister, that the requirements of

paragraphs 28(1)(

b) and (

c) have been satisfied, or

(

B) for an extension under

section 28.1, the

documentation required under subparagraph

28.1(1)(a)(ii) and proof, satisfactory to the minister, that the

requirements of paragraphs 28.1(1)(

b) and (

c) have been satisfied, and

(iii) the fee prescribed

by the minister; and

(

b) pays the greater of

(i) $1,000, or

(ii) $100 per map staked claim held under the

licence.

(2) Where a licence expires as a result of an

error by the department, the minister may extend the licence where, no later

than 30 days after the date on which the licence expired,

(

a) the error is discovered by the recorder; or

(

b) the error is discovered by the licensee and

the licensee notifies the recorder of the error.

(3) A licence extended under this

section shall be

considered to be extended from the date of expiry of the original term of the

licence or the prior extension of the licence.

14. Paragraph 36(4)(

a) of the Act is amended by

deleting the words "his or her" and substituting the word

"the".

15. (1) Subsection 37(1) of the Act is amended by

deleting the number "1" wherever it appears and substituting the word

"one".

(2) Subsection 37(4) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the minister"; and

(

b) deleting the words "his or her" and

substituting the words "the member's".

(3) Subsection 37(5) of the Act is amended by

deleting the words " Public Inquiries

Act " and substituting the words " Public Inquiries Act, 2006 "

16. (1) Subsection 39(2) of the Act is amended by

deleting the word "or" after paragraph (

b) and adding immediately

after paragraph (

b) the following:

(b.1) within 30 days of the date of the decision of

the minister, where the matter complained of relates to a decision of the

minister to not reinstate a licence under

section 26.1 or to not extend a

licence under

section 28.2; or

(2) Paragraph 39(2)(

c) of the Act is repealed and

the following substituted:

(

c) within 30 days of

the occurrence of the event, not being one referred to in paragraph (a), (

b) or

(b.1),

(3) Subsections 39(3) and (6) of the Act are

amended by deleting the words "Trial Division" wherever they appear

and substituting the words "Supreme Court".

17. Subsection 40(1) of the Act is repealed and the

following substituted:

Appeal to Supreme Court

(1) An

appeal lies from a decision of the board under

section 39 to a judge of the Supreme

Court upon a point of law raised during the hearing of the appeal before the board,

and the practice and procedure under the Judicature

Act and the Rules of Court relating to appeals apply to proceedings under

this section.

18. Paragraph 44(1)(

a) of the Act is amended by

deleting the number "1" and substituting the word "one".

King's Printer