Resources Regulations (N.S. Reg. 196/2018) (just regulations regs mrregs.htm)

N.S. Reg. 196/2018

Nova Scotia — Regulations

Resources Regulations (N.S. Reg. 196/2018) (just regulations regs mrregs.htm)

N.S. Reg. 196/2018

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Mineral Resources Regulations

made under

Section 156 of the

Mineral Resources Act

S.N.S. 2016, c. 3

O.I.C. 2018-298 (effective December 18, 2018), N.S. Reg. 196/2018

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Interpretation

Citation

Definitions

Land Divisions and Boundaries

Land divisions required for mineral rights and non-mineral registration areas

Base maps used to establish claim reference maps

Claim reference maps

Division of claim reference map into tracts

Division of tract into claims

Boundary measurements

Registry Records

Registration in electronic registry

Correction by Registrar of map or document in Registry

Service and Delivery of Documents

Service of notice or document by Minister, Registrar or other person

Delivery of documents to Minister or Registrar

Surface Access Rights

Filing consent obtained for work involving disturbing ground on private lands

Requesting surface access rights

Notice of application to request surface access rights

Access to municipal water supply watershed lands (protected water areas)

Registration as a prospector

Exploration Licences

Application for exploration licence

Competing applications for common claim

Application for area designated in expired exploration licence

Form of exploration licence

Late renewal of expired licence

Form of certificate of compliance

Refund on refusal or rejection of application

Stakeholder engagement plans

Assessment Work

Statements of expenditure

Contents of assessment work report

Work credit amounts for acceptable assessment work

Extension period for filing assessment work

Required work credits for renewing exploration licence

Assessment work acceptable for work credit

Work credits for aerial and ground surveys

Credit for assessment work in excess of minimum

Existing work credit applied to later renewal

Technical Report for Assessment Work

Separate technical report for each exploration licence

Submitting technical report in alternative form of media

Format of technical report

Content of technical report

Format of technical illustrations

Details of geological work included in technical report

Details of geochemical work included in technical report

Details of geophysical work included in technical report

Report of drilling results

Details of excavation work performed

Details of metallurgical studies performed

Qualifications required to author technical report

Renewing exploration licence

Definition of “community of interest” with licensee

Notification of proposed aerial survey

Drilling programs requirements for licensee—before and after drilling

Preservation of drill cores

Excavation Registrations and Letters of Authorization

Submitting excavation registration

Recording excavation registration

Excavation registration struck from records

Application for letter of authorization

Issuing or refusing letter of authorization

Letter of authorization available at work site

Revocation of letter of authorization

Refilling excavation after bulk sampling

Mineral Leases

Application for mineral lease

Additional prescribed documentation filed with application

Content of mineral lease

Non-mineral Registrations

Application for non-mineral registration

Additional prescribed documentation to be filed with application

Recording non-mineral registration

Activities Restricted in Areas

Excavating and mining distances from boundary line

Regulation restricting activities in area to be recorded on claim reference maps

Transfers

Definition of “transfer”

Form and notice of transfer

Summary of agreement resulting in transfer

Caveat and notice of trust

Reclamation

Reclamation security

Reclamation of area

Content of reclamation plan

Submitting and updating reclamation plans

Information required from lessee or registrant regarding mine closure

Post-production monitoring period

Completing reclamation

Fees and Royalties

Fees

Generally accepted accounting principles

Royalties payable

Amount of royalty

Calculation of gross income

Calculation of net revenue

Calculation of net income

Prohibited reductions to gross income

Information in operator’s records of account

Interest on royalties

Notice of appeal of assessment of royalties

Reports

Annual report for mineral leases and non-mineral registrations

Statistical reports for mining and exploration

Appeals from Officers’ Decisions

Notice of appeal of officer’s decision

Form of Oath

Conservation officer oath

Oath of Conservation Officer

Schedule A—Claim Reference Map, Mineral Tract and Claim Divisions

Interpretation

Citation

1 These regulations may be cited as the Mineral Resources Regulations .

Definitions

(1) In these regulations, the following

definitions apply:

“acceptable” means acceptable to the Registrar in accordance with the regulations;

“Act” means the Mineral Resources Act ;

“base map” means a base map as defined in subsection 4(1);

“claim reference map” means a representation of 1/4 of the area of a base map as

subdivided in accordance with subsection 5(1);

“drill core” means a cylindrical core of material removed from a drill hole;

“drill hole” means a hole that is drilled to a depth of at least 1 metre for the

primary purpose of obtaining geological, geochemical or geophysical information;

“drilling program” means drilling activity conducted on a claim area or areas

during a period that is measured from when drilling begins to the removal of the

final drill machine, or to a time as extended by the Registrar;

“electronic registry” means the Province’s online mineral resources registration

system maintained by the Registrar as required by subsection 15(2) of the Act that

provides Internet browser-based access to mineral tenure information and

electronic access for applying for mineral rights and maintaining existing mineral

rights;

“engineer” means a person holding a licence to practise under the Engineering

Profession Act or, for a person who is not resident in the Province, equivalent

legislation in the jurisdiction in which the person is resident;

“file” means to file through the electronic registry;

“geoscientist” means a person holding a license to practice [licence to practise]

under the Geoscience Profession Act ;

“index map” means a generalized location map;

“mineral reserve” means the economically mineable part of a mineral resource;

“overburden” means the layer of soil, gravel, rock or other material covering a

layer of bedrock;

“reclamation plan” means a reclamation plan required for a mineral lease or

non-mineral registration under

Section 86 of the Act;

“reclamation security” means the security required under

Section 88 of the Act to

be provided for the reclamation of the area that may be disturbed by the activities

of a licensee, lessee, registrant or holder of a letter of authorization or excavation

registration, or their agent or assignee;

“seal”, in relation to a drill hole, means to close off all or any part of the length of a

drill hole in a permanent manner to ensure the prevention of leakage by appropriate

methods and materials that meet industry standards;

“technical illustration” means a depiction of data that clarifies the content of a

report or stands alone as a record of information and includes a map, plan, section,

drawing, chart, graph, diagram or photograph;

“tract” means subdivision of a claim in accordance with

Section 6;

“watercourse” means the bed or shore of any river, stream, lake, creek, pond,

spring, lagoon or ocean, and the water therein, within the jurisdiction of the

Province, whether it contains water or not.

(2) In the Act and these regulations, the following

definitions apply:

“mineral resource” means a concentration or occurrence of a mineral found in or

on the earth’s crust in a form and quantity and grade or quality that indicate

reasonable prospects for economic extraction;

“stakeholders” means the individuals, groups, communities, organizations,

associations or authorities whose interests may be positively or negatively affected

by a proposal or activity under the Act and who are concerned with the proposal or

activity and its consequences;

“underground exploration” means opening or reopening underground workings

and includes dewatering or rehabilitating the workings.

(3) The following

definitions apply in the Act:

“confidential information” in subsection 141(3) of the Act means information

referred to in

Section 21 of the Freedom of Information and Protection of Privacy

Act ;

“construction stone” in the definition of “mineral” in clause 3(

v) of the Act

includes shale or clay when used to manufacture common building bricks;

“privileged” in

Section 135 of the Act means, in relation to information, that the

information is confidential information.

Land Divisions and Boundaries

Land divisions required for mineral rights and non-mineral registration areas

3 All mineral rights and non-mineral registration areas must be defined or described in

terms of the divisions of land set out in Sections 4 to 8.

Base maps used to establish claim reference maps

(1) In these regulations, “base map” means a National Topographic System

(NTS-NAD 83) map on a scale of 1:50 000 produced by the federal Department of

Natural Resources for areas bounded by each 30' of longitude and each 15' of

latitude.

(2) Base maps must be used for establishing claim reference maps to determine the

boundaries of claims, licences, leases and non-mineral registrations.

Claim reference maps

(1) Each base map must be subdivided into claim reference maps, as shown in Figure

1 of

Schedule A, by median lines corresponding to the median longitude and

latitude lines of the base map, with the resulting claim reference maps lettered A

for the southeast quarter, B for the southwest quarter, C for the northwest quarter

and D for the northeast quarter.

(2) Each claim reference map must be identified by the numbering of the base map of

origin and the appropriate quarter

section letter.

(3) Claim reference maps maintained by the Registrar are conclusive as to the matters

shown on them and are the sole official depiction of the relative location and extent

of mineral rights and non-mineral registrations.

Division of claim reference map into tracts

(1) Each claim reference map must be subdivided into 108 tracts by 12 equal divisions

on latitude and 9 equal divisions on longitude, as shown in Figure 2 in

Schedule A,

in accordance with all of the following specifications:

(

a) the east and west boundaries of each tract must be true meridians of

longitude;

(

b) the north and south boundaries of each tract must be straight lines parallel to

the chord of 1/2 of the part of the parallel of latitude that represents the

south boundary of each claim reference map;

(

c) the angle of intersection of each chord on either side of the median meridian

of longitude for each claim reference map must be 90°.

(2) Each tract must contain 259 ha, more or less.

(3) The 108 tracts on a claim reference map must be numbered as shown in Figure 2

in

Schedule A.

Division of tract into claims

(1) Each tract on a claim reference map must be subdivided into 16 claims, by 4 equal

divisions on latitude and 4 equal divisions on longitude.

(2) The 16 claims in each tract of a claim reference map must be lettered as shown in

Figure 3 in

Schedule A.

Boundary measurements

(1) All boundaries extend downward vertically without limit.

(2) All surface measurements must be referenced to a horizontal plane.

Registry Records

Registration in electronic registry

9 A person who wishes to prospect or explore must register as a user of the electronic

registry in order to file documents with the Registrar.

Correction by Registrar of map or document in Registry

10 When the Registrar becomes aware of an error on a map or document maintained by the

Registrar, whether in electronic or paper form, the Registrar must correct the error.

Service and Delivery of Documents

Service of notice or document by Minister, Registrar or other person

(1) In addition to service by prepaid registered mail to a person’s address under

subsection 34(2) of the Act, a notice or other document that is served under the Act

or these regulations by the Minister, Registrar or any other person acting under the

authority of the Act or these regulations is deemed to be effectively served on a

person if delivered by any of the following methods:

(

a) it is delivered personally;

(

b) it is sent through the electronic registry;

(

c) it is sent by e-mail to the most recent e-mail address for the person in the

Registrar’s records.

(2) A notice or document referred to in subsection (1) is deemed to have been received

no later than the 7th day after the date of service.

(3) The Registrar may order another means of service, including substituted service or

service by advertisement.

Delivery of documents to Minister or Registrar

(1) A document required to be delivered to the Minister under the Act or these

regulations must be delivered by 1 of the following methods:

(

a) personal delivery;

(

b) registered mail.

(2) A document required to be delivered to the Registrar under the Act or these

regulations must be delivered by 1 of the following methods:

(

a) personal delivery;

(

b) registered mail;

(

c) filing electronically, as required by these regulations and subsection 17(2) of

the Act.

(3) A document is not received by the Minister or Registrar until it is delivered in

accordance with subsection (1) or (2).

Surface Access Rights

Filing consent obtained for work involving disturbing ground on private lands

13 When consent is obtained from a private land owner or occupier for activities that

involve disturbing the ground under subsection 25(3) of the Act, the written consent

required by that subsection must be filed by the mineral right holder, and must include

all of the following:

(

a) the name and mailing address of the owner or current occupier;

(

b) the name and address of the mineral right holder;

(

c) a description of the work;

(

d) a description of the property;

(

e) a statement signifying the owner or occupier’s written consent to the work

done;

(

f) the signatures of the mineral right holder and the owner or occupier.

Requesting surface access rights

14 An application to the Minister under

Section 26 of the Act to request surface access

rights by a mineral right holder must be in the form of a statutory declaration submitted

to the Minister and contain all of the following:

(

a) for a mineral right holder who is unable to obtain consent to enter upon

private land from the land owner or occupier:

(

i) the name of the mineral right holder, the mineral right and any

exploration licence number,

(ii) the name of the owner or current occupier,

(iii) the location of the property, with map,

(iv) the activities that involve disturbing the ground,

(

v) details of the contact made with the owner or occupier for the

purposes of obtaining consent;

(

b) for a mineral right holder who is unable to contact or locate the land owner

or occupier to obtain consent to enter upon private land:

(

i) the particulars of the title search of the private land,

(ii) the efforts taken to locate the owner or occupier,

(iii) details of the attempts made to contact the owner or occupier for the

purposes of obtaining consent.

Notice of application to request surface access rights

(1) The Minister must provide the owner or occupier of the land with a written notice

of an application made under

Section 14, stating all of the following:

(

a) that a request for surface rights access to the owner’s or occupier’s land has

been made;

(

b) that, no later than 30 days after the date of the notice, the owner or occupier

may do either of the following, in writing:

(

i) consent to access for the mineral right holder,

(ii) state why no consent should be given.

(2) The Minister may request further information from a mineral right holder or an

owner or occupier concerning an application under

Section 14, and the mineral

right holder or owner or occupier has 14 days to respond to the Minister.

Access to municipal water supply watershed lands (protected water areas)

(1) In this Section, the following

definitions apply:

“exploration with ground disturbance” means any of the activities listed in

subsection 25(3) of the Act;

“preliminary exploration” means exploration with no ground disturbance,

including all activities listed in subsection 25(2) of the Act, but does not include

seismic surveys in which explosives are used;

“protected water area” means a protected water area under

Section 106 of the

Environment Act , as shown on a claims reference map.

(2) In addition to any requirement to obtain consent from persons under

Section 24 or

25 of the Act, before beginning any preliminary exploration in a protected water

area, a person must give the operator of the water works a written notice of the

exploration that includes all of the following, and file a copy of the notice with the

Registrar:

(

a) the proposed exploration activities;

(

b) the dates that the exploration will begin and end.

Registration as a prospector

(1) To register as a prospector under clause 30(2)(

a) of the Act, a person must file an

application with the Registrar that contains all of the following:

(

a) the applicant’s name, address and telephone number;

(

b) the fee, in accordance with the fees set out in

Section 79;

(

c) the signature of the applicant.

(2) The Registrar must maintain a list of registered prospectors that includes all of the

particulars of each registered prospector who applies under subsection (1).

(3) The Registrar must advise each registered prospector of where they may access a

copy of the Act and these regulations.

(4) The Registrar must issue an identification card to each registered prospector

through the electronic registry that contains all of the following:

(

a) a registration number;

(

b) an acknowledgment that the holder of the identification card is a registered

prospector.

(5) A prospector’s registration under this

Section is for a term of 10 years, and may be

renewed by updating and confirming the particulars of the prospector’s registration

provided under subsection (1).

Exploration Licences

Application for exploration licence

18 An application for an exploration licence under subsection 31(1) of the Act, or its

renewal under

Section 47 of the Act, must be made by filing an application with the

Registrar that contains all of the following information, in addition to the information

required by subsection 34(1) of the Act:

(

a) the minerals subject to the exploration licence;

(

b) the area and location of the minerals;

(

c) a description of the claim, the tracts and the claim reference map;

(

d) the applicant’s name and occupation.

Competing applications for common claim

(1) The notice required to be given by the Registrar under subsection 32(1) of the Act

to multiple applicants for a common claim must be in writing sent no later than 7

days after the date of application, and include all of the following:

(

a) notice of any other pending applications received by the Registrar;

(

b) a request that the applicant submit tenders or proposals in accordance with

subsection (2).

(2) Tenders or proposals for the right to obtain an exploration licence must outline the

proposed assessment work and be received no later than 30 days after the date the

notice is sent under subsection (1).

Application for area designated in expired exploration licence

20 An application for an exploration licence for all or a portion of the same area designated

in an expired exploration licence may not be made before 10 a.m. on the day following

the expiry date of the expired licence.

Form of exploration licence

(1) An exploration licence is issued through the electronic registry.

(2) In addition to the information required by

Section 39 of the Act, all of the

following is prescribed as information that must be included on an exploration

licence under

Section 39 of the Act:

(

a) the name of the licensee;

(

b) the name of the minerals subject to the licence;

(

c) any conditions on the licence, as determined by the Registrar;

(

d) the unique number assigned to the licence.

Late renewal of expired licence

(1) The renewal of a licence under

Section 50 of the Act does not alter the anniversary

date of the licence or the required assessment work for the licence.

(2) The time within which an expired exploration licence may be renewed under

Section 50 of the Act is no later than 90 days after the date the licence expires.

Form of certificate of compliance

23 A certificate of compliance granted under

Section 52 of the Act is issued through the

electronic registry and must contain all of the following information:

(

a) the licensee’s name;

(

b) the exploration licence number;

(

c) an acknowledgment of compliance with either required assessment work or

payment of fees in lieu of the work;

(

d) the renewal date of the licence;

(

e) the expiry date of the licence;

(

f) the number of cumulative terms of the licence upon renewal;

(

g) a

summary, expressed in dollar amounts, of all of the following:

(

i) work submitted,

(ii) work required,

(iii) credits acquired,

(iv) credits remaining,

(

v) payment in lieu of work,

(vi) total credits used,

(vii) total credits available,

(viii) total credits remaining.

Refund on refusal or rejection of application

24 A refund of fees made under

Section 41 of the Act when an application for an

exploration licence is refused or rejected may be made to the applicant by 1 of the

following methods:

(

a) by registered mail to the address provided in the application;

(

b) by electronically crediting the amount back to the applicant.

Stakeholder engagement plans

(1) A stakeholder engagement plan prepared and implemented by a licensee under

Section 44 of the Act must

(

a) include the time period before and during the exploration and development

of mineral resources;

(

b) be proportionate to the nature and location of the licensed area;

(

c) be revised throughout the course of work on the licensed area whenever

there are changes to the scope of the work; and

(

d) be filed, if requested by the Minister.

(2) A stakeholder engagement plan filed under clause (1)(

d) must be filed no later than

24 hours after the Minister’s request, and must be acceptable to the Registrar.

Assessment Work

Statements of expenditure

(1) A statement of expenditure required to be submitted by a licensee under subsection

45(1) of the Act must be submitted by filing a statement with the Registrar that

contains all of the following information:

(

a) the licensee’s name and mailing address;

(

b) the exploration licence number;

(

c) the date the exploration licence was issued;

(

d) the type and amount of work done or caused to be done;

(

e) the amount spent;

(

f) the overhead costs;

(

g) the name and mailing address of each person who complected the work and

the dates that they worked;

(

h) a certification by the licensee as to the truth and correctness of the statement

of expenditure.

(2) All expenditures for assessment work that qualifies for work credit must be

expressed in Canadian dollars on a statement of expenditure and must be

documented to the satisfaction of the Registrar.

(3) Receipts or proof of expenditures must be provided to the Registrar on request.

Contents of assessment work report

(1) In addition to the information required for a statement of expenditure in subsection

26(1), assessment work submitted for credit for an exploration licence must

include 1 of the following:

(

a) a prospector’s statement filed with the Registrar, and acceptable to the

Registrar, that contains all of the following:

(

i) the exploration licence number,

(ii) the date the exploration licence was issued,

(iii) the general location of the property,

(iv) the claims, tracts and claim reference map for the area licensed under

the exploration licence,

(

v) the results of the exploration,

(vi) samples taken and analysed,

(vii) other significant observations,

(viii) the total cost of the work,

(ix) certification by the licensee as to the accuracy of the information

provided;

(

b) a technical report, as set out in Sections 35 to 46.

(2) A prospector’s statement filed under clause (1)(

a) must be accompanied by a daily

log of activities and a map upon which relevant new observations are noted.

(3) A prospector’s statement may be submitted for work credit only for the first 2

renewals.

(4) A technical report with any engineering content must be prepared by an engineer.

Work credit amounts for acceptable assessment work

28 Acceptable assessment work under

Section 31 submitted for work credit under

Section

27 in respect of an exploration licence must be credited by the Registrar at the amount

set out in the following table for each 8-hour day, per person, during which the

assessment work was performed:

How Submitted

Amount Credited per Person per 8-hour Day

prospector’s statement

$130.00

technical report

for work performed by person who is an engineer or

geoscientist, the full invoiced cost

for work performed by anyone other than an engineer

or geoscientist, $250.00

Extension period for filing assessment work

29 The period for which the Registrar may grant a licensee a single extension under

subsection 48(1) of the Act for filing assessment work is up to 45 days.

Required work credits for renewing exploration licence

30 The dollar value of work credit given for assessment work that is required for renewing

an exploration licence is based on the number of terms for which the licence has been

issued and consecutively renewed, as set out in the following table:

Number of Terms for Which Licence Issued/Renewed

(age of licence at the end of the current licence period)

Dollars per Term per

Claim

1 to 2 (licence age 0-4 years)

$400

3 to 5 (licence age 5-10 years)

$600

6 to 8 (licence age 11-16 years)

$800

9 and any subsequent renewal term (licence age 17 years

and older)

$1600

Assessment work acceptable for work credit

(1) The following is acceptable assessment work and may be credited as work credit at

the full cost of the work:

(

a) prospecting;

(

b) trenching, pitting, stripping, bulk sampling and refilling excavations;

(

c) line cutting or flagging;

(

d) all of the following surveys, except as provided in

Section 32:

(

i) geological surveys,

(ii) geochemical surveys,

(iii) geophysical surveys, including ground, marine and borehole

investigations,

(iv) aerial surveys, including photographic and geophysical;

(

e) photogeological and remote imagery

interpretations;

(

f) drilling and sealing of drill holes;

(

g) ground surveys related to exploration or development;

(

h) ground exploration work;

(

i) assays, analyses, metallurgical studies and mineral tests;

(

j) technical data compilations;

(

k) any work and reasonable expenditures approved by the Registrar as being

necessarily incidental to and directly associated with the work referred to in

clauses (

a) to (j), including expenses for accommodation, food, meals and

transportation;

(

l) reclamation work;

(

m) drafting and cartographic services.

(2) The cost of the following assessment work is an allowable expense, if the cost of

the work is considered reasonable by the Registrar as being necessarily incidental

to and directly associated with the work, and the total work credit given for the

assessment work performed must not exceed 50% of the total cost of assessment

work credited under subsection (1) in respect of an exploration licence:

(

a) negotiations with landowners for surface access;

(

b) legal fees related to land access or land ownership;

(

c) compensation for landowners;

(

d) direct costs of stakeholder engagement.

(3) The following costs for assessment work are allowable expenses, and the total

work credit given for the assessment work performed must not exceed 10% of the

total cost of assessment work credited under subsection (1) in respect of an

exploration licence:

(

a) the cost of buildings, structures, machinery, plants, equipment, conveyances

or access roads;

(

b) the cost of site rehabilitation;

(

c) expenditures made to do any of the following:

(

i) prepare environmental impact or assessment studies conducted for

proposed mining purposes,

(ii) test mining methods,

(iii) prepare metallurgical study reports, including expenditures for

consumable items related to ore processing test work, pilot plant runs

and milling of bulk samples;

(

d) the cost of preparing marketing studies;

(

e) accounting fees directly attributable to the licence;

(

f) the cost of administrative support services;

(

g) the cost of field supplies;

(

h) office expenses for any of the following:

(

i) rent,

(ii) heat,

(iii) light,

(iv) supplies,

(

v) telecommunications,

(vi) office equipment rental,

(vii) postage, express and freight,

(viii) building and equipment insurance,

(ix) reasonable printing and copying charges directly attributable to the

licence.

(4) Despite subsections (1), (2) and (3), assessment work must not be credited as work

credit if any of the following apply:

(

a) the work has been previously credited;

(

b) the work fails to provide new or additional data contributing to the

geoscientific knowledge of the area where it was conducted;

(

c) the work is not directly related to seeking landowner permission or

stakeholder engagement for exploration;

(

d) the work is not reported in the manner prescribed by these regulations;

(

e) the work is not considered acceptable.

Work credits for aerial and ground surveys

(1) Work credit given for aerial surveys is credited as a percentage of costs of the

survey, based on the time that has elapsed between the completion of the survey

and submission of an acceptable work report and statement of expenditure in

accordance with these regulations, as set out in the following table:

Time Report Submitted

(years after survey completed)

Percentage of Survey

Cost Credited

1st renewal after survey (up to 2 years after

survey)

125%

2nd renewal after survey (years 3 and 4 after

survey)

100%

3rd renewal after survey (years 5 and 6 after

survey)

75%

4th and 5th renewal after survey (years 7, 8, 9 and

10 after survey)

at the discretion of the

Registrar, to a

maximum of 50%

6th or subsequent renewal after survey (beyond

10 years after the survey)

(2) Work credit for prospecting or preliminary ground surveys performed on an

unlicensed area is credited in respect of an exploration licence that is subsequently

acquired for the survey area if all of the following conditions are met:

(

a) the prospector is in compliance with

Section 30 of the Act;

(

b) the assessment work was conducted on lands that were, at the time of the

work, available for application for an exploration licence;

(

c) an assessment work report and statement of expenditure are submitted.

(3) Work credit allowed under subsection (2) is credited in the same manner as for

aerial surveys under subsection (1), except that it is based on the time that elapses

between the date the work begins and the date that the reports and statements

required by

Section 45 of the Act are submitted.

Credit for assessment work in excess of minimum

33 Work credit in excess of the value specified in

Section 30 that is required to be applied

by the Registrar under subsection 51(1) of the Act against the assessment work

requirement for subsequent renewals of an exploration licence must be applied at its full

value for credit up to a maximum of 10 years following the date the work is submitted

for credit, if the work is submitted

(

a) after the effective date of these regulations; and

(

b) in the licence year during which it was conducted.

Existing work credit applied to later renewal

(1) Excess assessment work recorded by the Department to the credit of an exploration

licence issued under the former Act and applied under

Section 161 of the Act to

the assessment work requirements of an exploration licence issued or renewed

under the Act may be brought forward up to a maximum of 10 years from the date

the work was originally submitted for credit after the effective date of these

regulations for a later application to renew the licence and must be applied in

accordance with

Section 32 as of the next anniversary date of the licence after the

effective date.

(2) For the purposes of subsection (1), any work credits that will reach the 10-year

maximum in the middle of an exploration licence’s term must be extended to the

end of the licence term.

Technical Report for Assessment Work

Separate technical report for each exploration licence

35 A separate technical report must be filed for each exploration licence unless

(

a) an exploration licence forms part of a group of coterminous exploration

licences, in which case a single technical report for the group is acceptable;

(

b) the technical report is approved by the Registrar for assessment work to be

applied as work credit to more than 1 exploration licence.

Submitting technical report in alternative form of media

(1) The Registrar may accept a technical report that exceeds a size acceptable to the

electronic registry in an alternative form of media acceptable to the Registrar

labelled on the exterior as a technical report and in accordance with subsection (2).

(2) Submission of a technical report must include all of the following:

(

a) a label identifying the report as a technical report;

(

b) a list of all applicable exploration licence numbers;

(

c) the name of each mineral rights holder;

(

d) a text file listing the contents of the submission;

(

e) all data files applicable to the report.

Format of technical report

(1) A technical report must be made up of text together with any combination of maps,

figures, illustrations, photographs and analyses.

(2) A technical report must meet all of the following criteria:

(

a) be capable of being printed on paper of letter or legal size, while

maintaining the format of the original electronic document;

(

b) have margins of suitable width to allow full view of the contents of each

page;

(

c) have a title page, with all subsequent pages numbered consecutively;

(

d) display the date on which the report was completed;

(

e) include detailed tables, as follows:

(

i) table of contents that sets out the principal subdivisions of the text

with corresponding page numbers,

(ii) table of illustrations with corresponding figure numbers,

(iii) table of appendices with corresponding appendix numbers,

(iv) list of tables with corresponding table numbers and titles, and

(

v) list of data files that apply to the report;

(

f) be in a single portable document format (PDF) file with text, maps, figures

and illustrations either

(

i) converted directly to PDF, or

(ii) if direct conversion to PDF is not possible, scanned at 300 dots per

inch and then converted to PDF.

(3) Each of the data files that apply to a technical report must be in a format other than

PDF that is acceptable to the Registrar.

Content of technical report

(1) A technical report must contain all information obtained from technical data

compilations and assessment work conducted and submitted for assessment work

credits under Sections 40 to 46.

(2) The text of each technical report must include all of the following principal

subdivisions:

(

a) a

summary—to include a

summary of the work performed and of the results

obtained;

(

b) an introduction—to include an outline of the scope of and reasons for the

work;

(

c) location and access—to include an outline of details regarding the location

of the work;

(

d) exploration licence tabulation—to include a tabulation of the exploration

licences pertaining to the technical report, including all of the following:

(

i) claim reference maps, tracts, claims and dates of issue,

(ii) the name of the licence holder,

(iii) the name of the person submitting the technical report, if different

from the licence holder;

(

e) work performed—to include a detailed description of the assessment work

conducted including the names of the persons who conducted the work and

the dates during which the work was performed;

(

f) interpretation of results—to include a discussion and

interpretation of the

results of the work conducted;

(

g) conclusions and recommendations—to include an outline of the conclusions

reached and recommendations made regarding future work on the property

under the licence;

(

h) a bibliography;

(

i) an author’s certificate, as required by subsection 46(2);

(

j) appendices;

(

k) a list of any data files that apply to the report, along with a description of the

content and format.

(3) A technical report that includes assays or analytical results must include all of the

following:

(

a) a description of the analytical methods and indicated detection limits and

analytical uncertainties;

(

b) a description of quality assurance and quality control procedures and

analyses of any control samples;

(

c) a legible and signed copy of the certified laboratory report submitted by the

analytical facility that conducted the work.

Format of technical illustrations

(1) A technical illustration that accompanies or is included in a technical report must

be in a format acceptable to the Registrar and meet all of the following criteria:

(

a) it is produced at a scale that is appropriate to the information being

illustrated, and in sufficient detail to permit on-site verification;

(

b) it is clearly visible and legible;

(

c) it includes a complete legend referenced by numbers, letters, graphic

patterns or symbols;

(

d) it includes all of the following, as appropriate to the nature of the

illustration, including any separate index map:

(

i) a bar scale,

(ii) an astronomic (true) north arrow,

(iii) at least 3 Universal Transverse Mercator (UTM) map coordinates

referred to the North American Datum of 1983 (NAD 83) in

accordance with the National Topographic System (NTS),

(iv) a title,

(

v) the date the illustration was prepared,

(vi) a figure number.

(2) A technical illustration that includes a map, other than an index map, must include

all of the following:

(

a) the plotted location of appropriate Universal Transverse Mercator (UTM)

grid lines referred to the North American Datum of 1983 (NAD 83) in

accordance with the National Topographic System (NTS);

(

b) the exploration licence boundaries along with appropriate tract or claim

boundaries;

(

c) distinctive topographic features illustrated in such manner that they can be

readily identified and located on the ground;

(

d) the location of all surface or underground workings;

(

e) the location of all surveyed lines and grid lines, named or identified

appropriately, with the length and azimuth of each line shown;

(

f) the location of any geodetic monuments, survey control points, bench marks

and reference measurements relative to identifiable surface features or

permanent objects.

Details of geological work included in technical report

40 A technical report that includes geological work as assessment work submitted for work

credit must include all of the following:

(

a) a report of geological work that includes descriptions of all of the following:

(

i) the manner in which the work was conducted, the dates upon which

it was conducted and by whom it was conducted,

(ii) the geological features observed,

(iii) the synthesis of the geological observations referred to in subclause

(ii),

(iv) each sample taken and the location of each sample taken,

(

v) all prospecting activity conducted;

(

b) a geological map that shows all of the following:

(

i) mapped outcrops, float and other observed geological features,

(ii) the orientation of geological features observed,

(iii) identification of the various rock types observed,

(iv) trenches, pits, stripped areas, shafts and underground workings,

(

v) the number and location of all drill holes,

(vi) the location and identification, by means of sample number, of all

samples taken for analysis,

(vii) an indication of the detection limit of the analytical procedures

employed,

(viii) the numerical values of all analysed rock above the detection limit

for the elements that form the primary targets of the exploration

program.

Details of geochemical work included in technical report

41 A technical report that includes geochemical work as assessment work submitted for

work credit must include all of the following:

(

a) a report of geochemical work, including an orientation survey, that includes

all of the following:

(

i) the type of survey, including a description of sample medium and

field sample preparation,

(ii) the size fractions analysed and details of laboratory preparation

including crushing and splitting methodology,

(iii) relevant site information not already contained in a separate part of

the report that may have a bearing on the results obtained and their

interpretation, including all of the following:

(

A) local geology,

(

B) local topography,

(

C) local surface and ground water data,

(

D) local meteorological conditions,

(

E) specific dates of when work is done,

(iv) a description of results;

(

b) a geochemical map that shows all of the following:

(

i) the distinctive topographic features and relevant site information that

may influence the

interpretation of results,

(ii) the location and identification, by means of sample number, of all

samples taken for analysis,

(iii) an indication of the detection limit and analytical uncertainty of the

analytical procedures employed,

(iv) the numerical values above the detection limit for the elements that

form the primary targets of the exploration program.

Details of geophysical work included in technical report

(1) A technical report that includes geophysical work as assessment work submitted

for work credit must include all of the following:

(

a) a report of geophysical work, including an orientation survey, that includes

all of the following:

(

i) the type and method of survey, correctional techniques, type and

model of instrument used, components measured and locational

controls employed, including the following:

(

A) for a ground survey, the total line kilometres surveyed and line

spacing,

(

B) for an aerial survey, the aircraft type, ground clearance, location

of area covered and total line kilometres surveyed and line

spacing, and

(

C) for a shipborne survey, the type and size of vessel and total line

kilometres surveyed and line spacing,

(ii) relevant information that may have a bearing on the results obtained

and their

interpretation, including local geology, topography,

powerlines, swamps and meteorological conditions,

(iii) a description of results;

(

b) a geophysical map that shows all of the following:

(

i) distinctive topographic features and relevant site information that

may have a bearing on the

interpretation of results,

(ii) applicable instrument and transmitting station orientation,

(iii) instrument readings for each station or fix point, corrected for

instrument drift and diurnal variations,

(iv) properly supported, contoured or profiled information from any

airborne, shipborne or remote sensing surveys conducted.

(2) A geophysical profile or cross-section that is submitted as part of geophysical work

under this

Section must show all of the following:

(

a) horizontal and vertical scales;

(

b) stations identified so that the profile or cross-section may be related to the

tract, traverse or drill hole and geophysical survey maps.

Report of drilling results

(1) A technical report on assessment work that includes drilling activity, other than

drilling performed for blasting purposes, must include a drilling results report that

includes all of the following:

(

a) a written description of the drilling program, including all of the following:

(

i) type of drilling,

(ii) number of drill holes,

(iii) dates the drill program began and ended,

(iv) drill core storage site,

(

v) drill hole abandonment procedures;

(

b) drill hole information for each drill hole including,

(

i) location,

(ii) size,

(iii) length,

(iv) equipment and casing left in the drill hole;

(

c) an identification of drill targets;

(

d) a review of the results of the drilling program;

(

e) a description of drill hole geophysical surveys, including results;

(

f) an identification of the type of material sampled including core, sludge,

overburden and chips and sample fraction including whole core and split

core;

(

g) a typed drill log for each drill hole that includes all of the following:

(

i) the name of the exploration company,

(ii) the name of the licensee, if not the same as reported under subclause

(i),

(iii) the hole identification number, which includes a year designation,

(iv) the collar location with map coordinates, exploration grid

coordinates and claim reference map, tract and claim references,

(

v) the datum, whether established or assumed,

(vi) the azimuth, inclination and elevation of the drill hole at the collar,

(vii) the depth and result of each dip and azimuth test,

(viii) the depth of overburden and the total depth of the drill hole,

(ix) the dates that the drilling began and ended,

(

x) the type of materials obtained, including core, chips and sludge,

(xi) the name of the drilling contractors,

(xii) the drill hole size,

(xiii) the name of the person who prepared the drill log,

(xiv) a detailed geological description in descending order from the collar

to the end of the hole, including depths of features described, sample

numbers and sample intervals,

(xv) if possible, all assays, analyses and results,

(xvi) a statement regarding whether whole or split samples were removed.

(2) Technical illustrations submitted for drilling work must be in the form of maps that

record the location of drill holes and show drill hole number and relevant site

information.

Details of excavation work performed

(1) A technical report on assessment work that includes excavation work, must include

an excavation results report that includes all of the following:

(

a) a description of the following:

(

i) the location of workings, together with, if applicable, an exploration

grid reference,

(ii) the type of excavation including trenching, pitting, stripping, bulk

sampling, shaft sinking, driving adits, declines, drifts, cross-cuts,

levels, raises and winzes, and the re-opening, rehabilitation or

dewatering of any working,

(iii) the method and equipment used,

(iv) the dimension and orientation of workings and, where the depth of

the overburden is known, the depth of overburden;

(

b) the purpose of the excavation;

(

c) the excavation registration number or date of the letter of authorization;

(

d) the dates the excavation work began and ended;

(

e) a description and location of all samples taken, and analysed, and the name

of the laboratory where samples were analysed.

(2) A technical illustration submitted for an excavation must show all of the following

that are applicable to the excavation:

(

a) the location of the excavation with respect to appropriate tract or claim

boundaries;

(

b) the dimensions and orientation of the excavation;

(

c) the location and identification, by means of sample number, of all samples

taken for analysis;

(

d) an indication of the analytical uncertainty detection limit of the analytical

procedures employed;

(

e) the numerical values above the detection limit for the elements that form the

primary targets of the exploration program;

(

f) a description of reclamation work carried out;

(

g) a figure or drawing identifying the area reclaimed.

Details of metallurgical studies performed

45 A technical report on assessment work that includes metallurgical studies or test work or

mineralogical examinations must include a report on the results of the studies, test work

and examinations that includes all of the following:

(

a) the source, including location if possible, quantity and type of all samples

collected;

(

b) the quantity and size fractions of the samples used for testing;

(

c) the mineralogical composition of the samples, if it has been determined;

(

d) the results of all methods of processing performed or investigated;

(

e) a process flowsheet and metallurgical results from pilot plant testing and

bulk sample processing.

Qualifications required to author technical report

(1) A technical report required to be made under the Act or regulations, other than a

statistical report, must be prepared by 1 of the following:

(

a) a geologist;

(

b) a geophysicist;

(

c) a geochemist;

(

d) a mining or geological engineer;

(

e) a person with acceptable experience or qualifications.

(2) A technical report must be filed with the author’s certificate attached, and both the

technical report and certificate must be dated and signed.

(3) An author’s certificate referred to in subsection (2) must state all of the following:

(

a) the author’s name, address and occupation;

(

b) the author’s qualifications, including the author’s work experience;

(

c) whether the report is based on a personal examination by the author;

(

d) the date of any personal examination;

(

e) if the report is not based on a personal examination by the author, the

source of the information contained in the report;

(

f) the particulars of any securities of the company, or its affiliates, that the

author owns;

(

g) whether the author has, directly or indirectly, received or expects to receive

any interest, direct or indirect, in the property of the company the report was

made for or any of its affiliates, or beneficially owns, directly or indirectly,

any securities of the company or any of its affiliates and, if so, give

particulars;

(

h) whether the author is a geoscientist or an engineer.

Renewing exploration licence

(1) If an exploration licence is renewed before the expiry date of the exploration

licence,

(

a) there is no refund of all or any portion of the application fees paid;

(

b) work credits that have been accepted in accordance with

Section 31 are not

redistributed until the next renewal of the licence;

(

c) despite

Section 31, if additional assessment work is submitted before the

next renewal, the assessment work must be added to existing work credits at

the following percentages, or as otherwise specified in

Section 32:

(i) 100% of acceptable cost, if filed in the exploration licence term

during which the work was performed,

(ii) 50% of acceptable cost, if filed past the exploration licence term.

(2) The manner for contacting the Registrar under subsection 43(4) of the Act to notify

of the applicant’s intent to renew an exploration licence when the electronic

registry is unavailable due to system outages, must be by 1 of the following

methods no later than 0 8:00 a.m. of the next calendar day:

(

a) telephone;

(

b) e-mail.

Definition of “community of interest” with licensee

48 For the purposes of the prohibition on renewing an exploration licence in

Section 49 of

the Act, a “community of interest” with a licensee includes any of the following:

(

a) a corporation and a person or 1 of several persons who directly or indirectly

control the corporation;

(

b) unrelated corporations that are controlled directly or indirectly by the same

persons;

(

c) persons connected by blood relationships, marriage or by adoption;

(

d) persons connected within a partnership;

(

e) persons engaged in a joint venture.

Notification of proposed aerial survey

49 Before conducting an aerial survey, the person conducting the survey or the licensee

must provide the Registrar with at least 7 days’ notice by filing a notice of the proposed

aerial survey with the Registrar containing all of the following:

(

a) the exploration licence number for the area being surveyed;

(

b) the aerial contractor’s name, address and contact information;

(

c) aerial survey details.

Drilling programs requirements for licensee—before and after drilling

(1) No later than 7 days before beginning drilling, a licensee must file a drilling

notification with the Registrar.

(2) No later than 30 days after the date that a drilling program is completed, a licensee

must do all of the following:

(

a) provide the Registrar with a tabulation of drill hole data, including grid

references, azimuths, dips, total depths, dates drilling began and ended and a

drill hole location map cross-referenced to claim or licence boundaries;

(

b) permanently seal each drill hole from a minimum depth of 3 m in

competent bedrock back to the surface of the ground, unless

(

i) the owner or occupier requests that the drill hole not be sealed, or

(ii) the accepted reclamation plan indicates further work is to be

conducted following completion of the drilling program;

(

c) seal all significant intersections in a drill hole where water, coal, salt,

potash, uranium or petroleum, as defined in the Petroleum Resources Act ,

have been encountered;

(

d) remove all debris, including abandoned rods and casings, from the area and

leave the drill site with no casing or pipe protruding above the surface of the

ground.

(3) Drill holes drilled for the sole purpose of sampling overburden or the overburden

and bedrock interface are not required to be sealed in accordance with clause

(2)(b).

(4) The Registrar may grant a single extension of time for a licensee to comply with

clause (2)(a), if the licensee shows good cause, in writing, for the extension.

Preservation of drill cores

(1) In this Section,

“holder” means the person who is in possession of a drill core.

(2) A holder of drill core obtained for the purpose of mineral exploration must do all

of the following:

(

a) retain the drill core in a standard core box at the drill site or at a drill core

storage facility;

(

b) take precautions to secure the drill core against weather and vandalism;

(

c) request permission of the Registrar before removing the drill core from the

Province.

(3) A person must not discard, destroy or otherwise reduce the scientific value of a

drill core without first requesting and obtaining the Registrar’s permission to do so,

unless the person is using the drill core for assaying, testing or beneficiation or

metallurgical, mineralogical or other scientific studies.

(4) If the Registrar is of the opinion that the scientific value of a drill core is

significant, the Registrar may direct an officer to take possession of the drill core

for the Minister and take any other action the Registrar considers necessary to

preserve the drill core.

(5) Before a drill core is received by the Registrar under subsection (4), the holders of

the drill core must identify each core box with a weatherproof label that indicates

all of the following:

(

a) the drill hole number;

(

b) the core interval represented;

(

c) the date that it was drilled;

(

d) the name of the company the drill core was drilled for.

Excavation Registrations and Letters of Authorization

Submitting excavation registration

(1) An excavation registration must be entered into the electronic registry and must

contain all of the following:

(

a) the licensee’s name and exploration licence number;

(

b) a description of the excavation work to be carried out;

(

c) the location, including the claim, the tracts and claim reference map where

the excavation will be carried out;

(

d) written confirmation that the written consent of the owner or occupier of

private lands as required by

Section 25 of the Act was obtained, or a copy of

the Ministerial grant of surface access rights under

Section 26 of the Act;

(

e) a sketch map of a practical scale showing the extent of the proposed work

and sufficient topographical detail to permit the work to be easily located;

(

f) if the work is not being conducted by the licensee, the telephone number of

the licensee’s field representative of the person who is conducting the work;

(

g) the date that the work is scheduled to commence and the date it is

scheduled to be completed;

(

h) the expected date that reclamation will be completed;

(

i) a certification as to the truth and correctness of the information;

(

j) agreement to be bound by any conditions required by the Registrar and to

have the registration posted on the electronic registry.

(2) An excavation registration submitted before commencing work, as required by

Section 61 of the Act, must be submitted at least 7 days before the work is

commenced.

(3) An excavation registration is not required to be submitted for bulk sampling that

ends up being less than 100 tonnes if the licensee has received a letter of

authorization for the sampling.

Recording excavation registration

(1) The Registrar may refuse to record an excavation registration, and must inform the

licensee of the refusal, if the Registrar determines that the information submitted

under

Section 52

(

a) is incomplete; or

(

b) was not submitted by the deadline in subsection 52(2).

(2) The Registrar must enter an excavation registration in the Registrar’s records if the

Registrar determines that the information submitted under

Section 52 is complete,

and must notify the licensee of the record.

(3) Excavation work is not authorized to begin until the registrant has

(

a) received notification in accordance with subsection (2); and

(

b) security has been posted in accordance with

Section 88 of the Act.

Excavation registration struck from records

54 The Registrar may immediately strike an excavation registration from the Registrar’s

records if the Registrar determines that the information submitted under

Section 52 is a

misrepresentation.

Application for letter of authorization

55 An application for a letter of authorization under

Section 62 of the Act must be entered

into the electronic registry and contain all of the following:

(

a) the licensee’s name and exploration licence number;

(

b) the number of tonnes of minerals to be extracted and whether the minerals

are at surface or underground;

(

c) the location of the minerals, including the claim, tract, and claim reference

map;

(

d) if the work is not being conducted by the licensee, the telephone number of

the licensee’s field representative for the person who is conducting the

work;

(

e) the requested dates for the issue and expiry of the letter of authorization;

(

f) expected date that reclamation will be completed;

(

g) certification as to the truth and correctness of the information entered;

(

h) agreement to be bound by the conditions, as outlined on the electronic

registry and as required by the Registrar;

(

i) any consent or surface access rights granted;

(

j) security as required by clause 88(1)(

c) of the Act;

(

k) description of work to be completed and expected outcomes;

(

l) the reclamation plan required by subsection 86(1) of the Act.

Issuing or refusing letter of authorization

(1) If satisfied with the information submitted by a licensee in an application for a

letter of authorization, the Registrar must issue a letter of authorization to the

licensee.

(2) The Registrar must refuse to issue a letter of authorization if it is determined that

any of the following apply:

(

a) the proposed activity is not for the purpose of exploration or testing

assessment [ sic ] of the resource or is detrimental to the resource;

(

b) the applicant has failed to obtain the necessary consent, agreement or

surface rights permit referred to in

Section 13 or 14;

(

c) the applicant has failed to post security as required by clause 88(1)(

c) of the

Act;

(

d) the applicant has failed to provide a reclamation plan required by

subsection 86(1) of the Act.

Letter of authorization available at work site

57 A copy of the letter of authorization must be available for inspection at the work site

named in the letter of authorization.

Revocation of letter of authorization

58 The Registrar may revoke a letter of authorization if the Registrar determines that the

information submitted for an application under

Section 55 is a misrepresentation.

Refilling excavation after bulk sampling

(1) Except as provided in subsection (2), a licensee who holds an excavation

registration or a letter of authorization must refill each excavation no later than 30

days after the date that the work is completed or such longer time as may be

directed by the Registrar.

Registrar, direct that an excavation remain unfilled if

(

a) the Registrar receives a written request from a landowner, or tenant, of lands

that are subject to an excavation registration or letter of authorization to not

refill an excavation; and

(

b) the Registrar is shown good cause in the written request in clause (

a) for not

refilling the excavation.

Mineral Leases

Application for mineral lease

(1) In addition to the reclamation plan required by the Act, an application for a mineral

lease filed with the Registrar under clause 64(1)(

a) of the Act must contain all of

the following:

(

a) the minerals to be leased;

(

b) the location of the minerals, including the claim, the tracts and the claim

reference map;

(

c) the applicant’s name, contact information and exploration licence number.

(2) The amount of reclamation security required by clause 88(1)(

b) of the Act at the

time of application for a mineral lease applicant to be posted with the Registrar

towards the total security required for a mineral lease is the lesser of the following:

(a) 5% of the estimated total cost of the reclamation plan for the area subject to

the lease;

(b) $100 000.00.

Additional prescribed documentation filed with application

(1) The documentation required to be provided with an application for a mineral lease

under clause 64(1)(

b) of the Act is a report filed with the Registrar that includes all

of the following:

(

a) a general location map of the claim area showing all claim boundaries,

surface rights ownership and boundaries, nearby roads, buildings,

powerlines, watercourses, topography and other surface features in the

vicinity of the deposit;

(

b) resource information, including all of the following:

(

i) a map showing the location of all drill holes, trenches, test pits and

sample locations,

(ii) a geological map showing the known location of the deposit and its

relationship to the host geological units,

(iii) geological cross-sections and longitudinal sections through the

deposit,

(iv) unless the Registrar determines it to be unnecessary, a table of

mineral resources and mineral reserves, including

(

A) grades and quantities of mineral resources, categorized as

indicated, inferred and measured according to the CIM

Definition Standards,

(

B) grades and quantities of mineral reserves, categorized as

probable and proven [ sic ] according to the CIM Definition

Standards,

(

C) a description of the method of calculating the mineral

resources and mineral reserves, and

(

D) a statement of the cut-off grade used and reason for its use,

(

v) a feasibility study, that includes

(

A) adequate information on mining, processing, metallurgical,

economic or other factors to demonstrate that economic

extraction is justified, and

(

B) diluting materials and allowances for losses during mining of

the mineral reserve;

(

c) mining information, including all of the following:

(

i) a general map showing the surface facilities buildings, water

diversions, settling and treatment ponds and ore, waste storage and

tailing areas,

(ii) strip ratio for a surface mine,

(iii) recovery factor,

(iv) a description of the proposed mining methods and schedules for all

surface and underground development work;

(

d) mineral processing information, including all of the following:

(

i) a description of the processing method,

(ii) a flow sheet for the process showing metallurgical balances;

(

e) a copy of a survey plan of the boundaries of the mineral lease, if required by

the Registrar.

(2) In subsection (1), “CIM Definition Standards” means the latest edition of the

“Definition Standards for Mineral Resources and Mineral Reserves” published by

the Canadian Institute of Mining, Metallurgy and Petroleum (CIM).

(3) A survey of the boundaries of a mineral lease for the purposes of the survey plan

referred to in clause (1)(

e) must be conducted by a land surveyor who is a member

of the Association of Nova Scotia Land Surveyors.

Content of mineral lease

62 All of the following is the information to be included in a mineral lease under subsection

67(1) of the Act:

(

a) the names of the parties to the mineral lease;

(

b) the date the mineral lease is issued;

(

c) a statement that the mineral lease is subject to the payment of the rents and

royalties as prescribed by the Act;

(

d) a description of the minerals that are the subject of the mineral lease;

(

e) the location and number of hectares, and a description of the claims

including the tracts and claim reference maps;

(

f) the term of the mineral lease;

(

g) the renewal term of the mineral lease;

(

h) the rental fee schedule;

(

i) an indemnification clause whereby the lessee indemnifies and saves

harmless Her Majesty the Queen in Right of the Province from any and all

claims, demands, losses, damages, actions or other suits that may arise out

of, or as a result of, any exploration, mining, milling or any other act or

omission;

(

j) a clause stating that the lessee must be registered to do business in the

Province and must maintain the registration in good standing during the

term of the mineral lease;

(

k) a clause stating that time is of the essence;

(

l) a signature block;

terms identified above will be outlined in a

Schedule B;

by the Minister.

Non-mineral Registrations

Application for non-mineral registration

63 An application for a non-mineral registration under clause 97(

a) of the Act must be filed

and contain all of the following:

(

a) location of the area;

(

b) claim, tract and claim reference map;

(

c) the applicant’s or their agent’s name, phone number and e-mail address;

(

d) the applicant’s registered office address;

(

e) the prescribed fee.

Additional prescribed documentation to be filed with application

64 In addition to the reclamation plan required by subsection 86(1) of the Act, all of the

following is the documentation required to be provided with an application for a

non-mineral registration under clause 97(

b) of the Act:

(

a) a report filed with the Registrar that includes all of the following:

(

i) a general location map of the area showing all claim boundaries,

surface rights ownership and boundaries, nearby roads, buildings,

powerlines, watercourses, topography and other surface features in

the vicinity of the deposit,

(ii) mining information, including all of the following:

(

A) a general map showing the location of the existing and

proposed mine workings, surface facilities buildings, water

diversions, settling and treatment ponds and ore and waste

storage and tailings ponds areas,

(

B) strip ratio and recovery factor,

(

C) a description of the proposed mining methods and schedules

for all surface and underground development work;

(

b) any additional information that the Registrar considers necessary for the

purposes of assessing the application.

Recording non-mineral registration

(1) Entering a non-mineral registration into the Registrar’s records under clause

98(2)(

b) of the Act must be done by way of entering all of the following

information into the electronic registry:

(

a) the registrant’s name and address;

(

b) the location of the non-mineral deposit, including the claim, tract and claim

reference map;

(

c) any other conditions or terms, as determined by the Registrar.

(2) The Registrar must maintain an index of non-mineral registrations in which the

Registrar records all of the following for each non-mineral registration:

(

a) the unique number assigned;

(

b) the name and address of the registrant;

(

c) the area covered.

Activities Restricted in Areas

Excavating and mining distances from boundary line

66 Without the prior approval of the Registrar, a lessee or registrant is not permitted to

excavate or mine within the following distances of the boundary line of an area that is

subject to a mineral lease or non-mineral registration:

(

a) on land areas, within 10 m;

(

b) on submarine areas, within 25 m.

Regulation restricting activities in area to be recorded on claim reference maps

67 A regulation restricting an area from prospecting, mining-related exploration or

development or mining made by the Minister under subsection 58(1) of the Act must be

recorded by the Registrar on the appropriate claim reference maps for the area.

Transfers

Definition of “transfer”

68 In the Act and these regulations,

“transfer” means to transfer by way of an assignment, agreement, mortgage,

debenture or pledge that conveys 1 or more claims from a registered mineral right

holder or non-mineral registrant to a new mineral right holder or non-mineral

registrant, but does not include any of the following:

(

i) a transfer in which the registered mineral right holder does not

change,

(ii) a transfer in which the non-mineral registrant does not change,

(iii) an expiration, surrender, forfeiture or termination under the Act.

Form and notice of transfer

(1) The requirements to be met under subsection 103(3) of the Act for a transfer of a

mineral right or non-mineral registration are that the transfer be filed and contain

all of the following:

(

a) the number of the licence, lease or non-mineral registration;

(

b) details of the transfer;

(

c) a copy of the written consent of

(

i) the Registrar, for a licence, or

(ii) the Minister, for a non-mineral registration of a lease;

(

d) date, location, time, instrument and page number recorded by the Registrar.

(2) Filing a transfer in accordance with subsection (1) is deemed to be notice of the

transfer for the purposes of subsection 104(3) of the Act.

Summary of agreement resulting in transfer

(1) A

summary of an agreement resulting in a transfer required to be filed by

subsection 104(1) of the Act must contain all of the following:

(

a) confirmation of whether the transfer is of a partial interest;

(

b) the number of the mineral right or non-mineral registration;

(

c) the claim, tracts and claim reference map;

(

d) type of agreement;

(

e) the names of the parties to the agreement;

(

h) the expiry date of the agreement;

(

i) date and signature of the mineral right holder or registrant.

(2) The Registrar must maintain an index of agreement summaries filed under

subsection 104(1) of the Act in which the Registrar records

(

a) the unique number assigned to the

summary; and

(

b) names of the parties listed in the

summary.

Caveat and notice of trust

(1) A caveat giving notice of a trust required to be filed with the Registrar by

subsection 106(4) of the Act must contain all of the following:

(

a) the date the caveat is filed;

(

b) the name of the mineral right holder or non-mineral registrant;

(

c) the number of the mineral right or non-mineral registration;

(

d) the names and addresses of the persons for whom the mineral right or non-mineral registration is held in trust.

(2) The Registrar must maintain an index of caveats filed under subsection 106(4) of

the Act in which the Registrar records

(

a) the unique number assigned to a caveat; and

(

b) the number of the mineral right or non-mineral registration affected by the

caveat.

(3) The recording of the caveat constitutes notice under subsection 106(4) of the Act.

Reclamation

Reclamation security

(1) Security required to be posted under

Section 88 of the Act to provide for

reclamation must be posted with the Registrar.

(2) The total amount of the reclamation security required for a mineral lease or

non-mineral registration is determined based on the sum of all of the following:

(

a) the total of third-party costs estimated for labour, equipment, supplies and

services for the purposes of reclaiming the property at a level to represent

peak reclamation liability acceptable to the Registrar;

(

b) the cost of post-reclamation monitoring;

(

c) a contingency amount equal to 20% of the total amounts of clauses (

a) and

(b);

(

d) an additional contingency amount equal to 10% of the total amounts of

clauses (

a) and (

b) for the cost of project procurement, engineering and

management.

(3) The amount of reclamation security required for an excavation registration or letter

of authorization is the amount accepted by the Registrar on a site-specific basis and

must include all of the following amounts:

(

a) third-party costs for labour, equipment, supplies and services for the

purposes of reclaiming the property at a level to represent peak reclamation

liability in accordance with the reclamation commitments stated in the

reclamation work identified;

(

b) a contingency amount equal to 20% of the amount of clause (a);

(

c) an additional contingency amount equal to 10% of the amount of clause (

a) for the cost of project procurement, engineering and management.

(4) If the amount of the security determined under subsection (2) or (3) is not

acceptable to the Minister, the amount may be adjusted by the Minister.

Reclamation of area

73 A person required to complete reclamation of an area disturbed by the activities of a

licensee, lessee, registrant or holder of a letter of authorization or excavation registration,

must take all actions necessary to do all of the following:

(

a) protect the environment against adverse effects resulting from operations in

the area;

(

b) minimize the detrimental impact of operations on adjoining lands;

(

c) minimize hazards to public safety resulting from operations;

(

d) leave the area in a state that is compatible with adjoining land uses and that

conforms to

(

i) any zoning bylaw or development plan applicable to the area, and

non-mineral registration or surface access rights issued under the Act

in respect of the area.

Content of reclamation plan

(1) A reclamation plan must include provisions for all of the following:

(

a) the final use for the land after reclamation;

(

b) identification of any existing features of social, environmental or ecological

significance that would be affected by the reclamation activities;

(

c) a brief description of the existing and planned mine property, outlining the

items to be reclaimed and including the size, area or volume of the

infrastructure or disturbances created;

(

d) all equipment, infrastructure, fixed plant material and refuse and any

chemical or other hazardous industrial materials that will be disposed of;

(

e) disposition of buildings and foundations, to be done in accordance with the

Minister’s requirements;

(

f) disposition of petroleum storage tanks on property;

(

g) disposition of potential and known hydrocarbon or metal contamination of

soils;

(

h) disposition of potential and known refuse dumps;

(

i) open pits and underground openings, with subsidence mitigation plans;

(

j) overburden or waste rock dumps or stockpiles;

(

k) tailings management;

(

l) bodies of water on site;

(

m) mitigation plan for acid rock drainage;

(

n) surface water management planning;

(

o) geotechnical assessments or dam safety reviews of all slopes, structures or

dams;

(

p) design for long-term slopes or open pits to be flooded;

(

q) revegetation plans;

(

r) erosion and siltation control;

(

s) public safety measures;

(

t) post-reclamation monitoring plan;

(

u) community engagement and consultation plan, with periodic community

update schedule;

(

v) drawings at an adequate scale to show the property before mining and at the

following intervals:

(

i) during reclamation,

(ii) at the point of peak disturbance,

(iii) at the end of mining,

(iv) as reclaimed;

(

w) schedule for reclamation work, including all planned progressive

reclamation activity and post-reclamation monitoring plan;

(

x) cost estimate for reclamation work and post-reclamation monitoring,

inclusive of a contingency and project management and professional fees;

(

y) any additional information that the Registrar considers necessary for the

purposes of ensuring the site is reclaimed.

(2) A reclamation plan must be prepared under the supervision and seal of an

engineer.

Submitting and updating reclamation plans

(1) Under subsection 86(2) of the Act, all lessees and registrants who, under the

previous Act, have not filed a reclamation plan on or before the date the Act comes

into force, must submit a reclamation plan within the time line specified by the

Registrar.

(2) All lessees and registrants who, under the previous Act, have not filed a revised

reclamation plan within the last 3 years of the coming into force of the Act shall

submit a revised reclamation plan within the time line specified by the Registrar.

[ sic ]

(3) A revised reclamation plan must be submitted to the Registrar upon a change to a

mine operation development that results, or will result, in a departure from the

reclamation plan currently on file.

(4) Lessees and registrants must submit a revised reclamation plan every 3 years.

(5) A revised reclamation plan must be submitted no later than 6 months before the

scheduled end of production under the lease or non-mineral registration.

Information required from lessee or registrant regarding mine closure

(1) In addition to the information required by subsection 83(5) of the Act, a

summary

report required to be filed before the intended permanent closure of a mine must

contain all of the following information:

(

a) the lessee’s or registrant’s name and head office address;

(

b) a list of the lessee’s or registrant’s senior company staff;

(

c) maps, drawings and reports that include all of the following:

(

i) an existing site map showing the current location of the mine

workings, surface facilities, settling and treatment ponds and ore and

waste storage areas,

(ii) a

summary of any remaining ore reserves or mineralized material in

the area of the mine categorized as proven, probable or possible, and

details of the cut-off grade, specific gravities, strip ratios and other

factors used to calculate the reserves,

(iii) details of the quantity and grade of all material stored in waste dumps

and tailings dams,

(iv) a description of the latest mining methods,

(

v) for underground operations, the most recently prepared geological

and engineering drawings and a description of roof support,

(vi) a map showing the location of all drill holes, trenches, test pits and

sample locations not previously reported;

(

d) a milling report that contains

(

i) a description of the current processing method, flowsheet and

metallurgical balances, and a list of all process equipment used, and

(ii) a

summary of the results of all metallurgical studies;

(

e) the engineering drawings and description for the reclamation of the mine,

mill, waste dumps, tailings ponds and other areas disturbed by the project

and the procedures for post-production monitoring.

(2) No later than 1 month after the date that a mine is permanently closed, the lessee,

registrant or legal representative must file a supplementary

summary report that

contains all of the following:

(

a) engineering drawings of the mine workings at the time of closure on a scale

acceptable to the Registrar;

(

b) production statistics as described in subsection 90(2), from the date of the

last

summary report filed with the Registrar to the date of the closure.

Post-production monitoring period

77 A lessee or registrant must continue post-production monitoring until reclamation is

completed to the satisfaction of the Minister.

Completing reclamation

78 Reclamation of an area must be completed by the following times:

(

a) for reclamation under a mineral lease or non-mineral registration, 1 of the

following times after production ceases:

(

i) the time set out in the reclamation plan,

(ii) a period of time acceptable to the Minister;

(

b) for reclamation under an excavation registration or letter of authorization,

no later than 30 days after the date that the work plan is competed, or a

longer period determined by the Minister.

Fees and Royalties

Fees

79 Fees payable under the Act are as follows:

Description

Fee

Issuance of exploration licence (term 1 - licence age 1

and 2 years), per claim

$10.00

Regrouping of coterminous exploration licences (s.

56 of Act), per regroup

$20.00

Renewal of exploration licence, per claim

each renewal, 1 to 4 (licence age 3 to 10 years)

$20.00

each renewal, 5 to 7 (licence age 11 to 16

years)

$40.00

each renewal, 8 to 12 (licence age 17 to 26

years)

$160.00

each renewal, 13 and after (licence age 27 years

and older)

$320.00

Lease rental, per claim, per year

$120.00

Issuance of non-mineral registration, per claim

$120.00

Assignment or transfer of exploration licence

$20.00

Assignment or transfer of mineral lease or non-mineral registration and registration of document

affecting title

$100.00

Registration of document affecting title of mineral

right or non-mineral registration (excluding transfers)

$20.00

Search of document relating to mineral right or non-mineral registration, per document

$40.00

Copy of exploration licence, lease or non-mineral

registration, or paper affecting title, per page

$1.50

Registration as prospector

$10.00

Miscellaneous services not listed above, per hour

$150.00

Generally accepted accounting principles

(1) Royalties must be calculated in accordance with generally accepted accounting

principles and the calculations must be certified by a public accountant licensed

under the Public Accountants Act .

(2) Operators reporting gross income, net revenues and net income must use generally

accepted accounting principles.

Royalties payable

81 The royalty payable for output is the rate less any rebate, as set out in the following table:

Mineral

Rate

Rebate

Anhydrite

$0.14 per short ton

(none)

Barite

$0.17 per short ton

$0.05 per ton on all barite

processed to the extent of

pulverization to 200 mesh or finer

Celestite

2% of the net value of

concentrates produced

1% of the net value where

concentrates are processed in the

Province

Coal

$1.15 per short ton

(none)

Dolomite

2% of the net value at the

mine

1% of the net value where end use

is in the Province

Gold

1% of the net value received

by the producer

(none)

Limestone

2% of the net value at the

mine

1% of the net value where the end

use is in the Province

Salt

$0.22 per short ton

(none)

Silica

$0.12 per short ton

(none)

Silver

1% of the net value received

by the producer

(none)

Amount of royalty

(1) Unless otherwise provided in

Section 81 and subsection (2), an operator must pay

an annual royalty of the greater of the following:

(a) 2% of the net revenue from mining;

(b) 15% of all net income from mining.

(2) If the a review of the royalty determines that the cost of processing will exceed the

amount of the royalty otherwise payable, upon written notice from the Mine

Assessor, the royalty payable by the operator is 2% of net revenue.

Calculation of gross income

83 An operator’s gross income must be calculated during a fiscal year using the following:

(

a) when output is sold, the consistent use in any fiscal year of the market price

of the output at 1 of the following times:

(

i) the time of sale,

(ii) the time of shipment;

(

b) when output is transferred from or consumed at a mining operation, the

market price of the output at the time of the transfer or consumption.

Calculation of net revenue

84 An operator’s net revenue for a fiscal year is the gross income calculated under

Section

83 less all of the following:

(

a) marketing costs;

(

b) shipping costs;

(

c) smelting costs;

(

d) refining costs;

(

e) packaging costs;

(

f) associated and related costs, if paid or borne by an operator.

Calculation of net income

(1) An operator’s net income is the net revenue calculated under

Section 84 less the

reasonable operating expenses of a mining operation when paid for or borne by the

operator.

(2) Reasonable operating expenses of a mining operation in subsection (1) may

include any of the following:

(

a) allowance for depreciation;

(

b) allowance for processing;

(

c) actual costs of restoration, reclamation or rehabilitation of the mine incurred

during the year, and for this purpose costs of reclamation completed after a

mining operation has ceased may be considered as prior years[’] operating

expenses and applied in reverse order to prior fiscal years’ royalty returns to

reduce royalties payable to not less than 2% of net revenue for each fiscal

year applied;

(

d) primary crushing and processing costs;

(

e) actual working expenses of the mine both underground and above ground,

including salaries and wages of all necessary employees employed at the

mine and the salaries and office expenses for necessary office work done at

the mine;

(

f) head office costs that relate directly to a mining operation;

(

g) cost of insuring the equipment, buildings and the stock in storage;

(

h) municipal taxes paid by the operator or payments made to essential

municipal or public services in lieu of municipal taxes;

(

i) prescribed expenditures on assessment work conducted in the Province

incurred during the fiscal year, if the expenditure is paid or incurred by the

operator;

(

j) cost of workers’ compensation and other contributions to the health and

welfare of employees working at the mine;

(

k) cost of utilities;

(

l) cost of food or provisions for employees;

(

m) cost of fuel and explosives and other supplies used in a mining operation;

(

n) cost of safeguarding and protecting the mine;

(

o) cost of repair and maintenance with respect to movable and immovable

property used at the mine;

(

p) cost of shafts, excavation, drifts, trenches, borings or other means of

development in the area under lease, including the mine;

(

q) donations made in the Province for educational or charitable purposes that

have been approved by the Mine Assessor.

Prohibited reductions to gross income

86 A reduction of gross income must not be made in respect of any of the following:

(

a) operating expenses and allowances attributable to output held in inventory;

(

b) cost of plant, machinery, equipment or buildings;

(

c) capital invested;

(

d) interest on dividends upon being paid;

(

e) reduction in the value of any asset, including a mineral right, because the

minerals are exhausted;

(

f) payments made with respect to acquiring surface rights or acquiring a

mineral right;

(

g) costs of incorporation, or organization or reorganization of the corporation;

(

h) expenses related to manufacturing and industrial enterprises;

(

i) royalties payable under the Act and these regulations;

(

j) taxes on profit or capital;

(

k) reserves and provisions, other than as specifically permitted under the Act;

(

l) the portion of expenses or assets recovered by the operator;

(

m) deductions allowed in computing a previous year’s profit;

(

n) lease payments;

(

o) direct costs incurred by the operator in secondary crushing, grinding,

concentrating, smelting, refining, packaging or otherwise processing any

output other than output derived from a mining operation in the Province

controlled by the operator;

(

p) any other sum expended, except to the extent that it is expended by the

operator for the purpose of realizing or producing a profit from mining.

Information in operator’s records of account

87 All of the following is the information required to be shown in an operator’s records of

accounts under subsection 120(1) of the Act:

(

a) each of the deductions and allowances used in the determination of

(

i) net revenue, and

(ii) net income;

(

b) the return from the smelter, refinery or mill;

(

c) the return of the amount derived from the sale of output.

Interest on royalties

88 [The] interest rate for unpaid royalties under subsection 114(2) of the Act is the rate at

which the Province borrows funds.

Notice of appeal of assessment of royalties

89 The notice of appeal of an assessment of royalties required by

Section 121 of the Act

must be served on the Minister and must contain all of the following:

(

a) information identifying the decision under appeal;

(

b) a

summary of the decision;

(

c) the grounds for appeal;

(

d) confirmation of service;

(

e) signature of the appellant.

Reports

Annual report for mineral leases and non-mineral registrations

(1) The annual report required by

Section 70 of the Act for a lessee or registrant must

be filed by the lessee or registrant and contain all of the following:

(

a) the calendar year to which the report applies;

(

b) the mine’s name, type, location and address;

(

c) the number of the mineral lease or non-mineral registration;

(

d) all of the following information for the lessee or registrant:

(

i) company address,

(ii) contact information,

(iii) parent company name and address,

(iv) commodity produced,

(

v) company officials,

(vi) senior operating staff,

(vii) contractors employed during the year;

(

e) drawings containing the following information, at appropriate scales,

referenced to latitude and longitude, UTM coordinates or mine grid; and

where available, files of the drawings in AutoCAD or DXF format:

(

i) a general map or maps showing the outline and elevations of the

existing mine workings, major surface features (roads, railroads,

topography), surface facilities, watercourses and diversions, settling

and treatment ponds, ore, waste and tailings storage areas, lease or

non-mineral registration boundaries and property boundaries,

(ii) plans showing all of the mine workings within the lease or

non-mineral registration, and which clearly identify those workings,

or areas of the mine, which were developed or worked during the

year,

(iii) plans showing all areas where extraction was carried out during the

year. All areas where ore or waste was mined during the reporting

period must be clearly identified,

(iv) plans clearly identifying the areas where reclamation work was

conducted during the year,

(

v) plans clearly identifying the areas where tailings, topsoil and waste

materials, including overburden and waste rock, were placed, stored

or stockpiled during the year,

(vi) plans showing the location of any diamond drill holes or other

exploration and development work performed within the lease or

non-mineral registration boundaries during the year,

(vii) geological plans and cross-sections showing the geology [of] the

resource areas developed or mined during the year and a new and

additional geological plans or cross-sections prepared during the year

within the lease or non-mineral registration boundaries,

(viii) plans clearly identifying any changes to surface rights ownership and

boundaries during the year,

(ix) plans clearly identifying the ore and waste production, development

work and reclamation work planned for the coming year;

(

f) a

summary report describing the annual activities and significant events

affecting the operations, as set out in subsection (2).

(2) The

summary report required by clause (1)(

f) must include all of the following:

(

a) quantity and analyses of the ore mined;

(

b) the quantity and analyses of the ore processed, and the recovery factor;

(

c) the source or sources of the ore processed;

(

d) the quantity and specifications (grade or quality) of the mineral product,

gypsum or limestone produced;

(

e) the quantity and specifications of mineral product, gypsum or limestone

shipped and their destinations;

(

f) the inventories of any ore, mineral products, gypsum and limestone in their

possession at the end of the year;

(

g) the value of the mineral, gypsum or limestone production and a description

of the basis of the determination;

(

h) the value of the mineral, gypsum or limestone sold and a description of the

basis of the determination;

(

i) a

summary of the markets for the production from the lease or non-mineral

registration, and a discussion of any significant changes in those markets;

(

j) the value, and brief

summary, of any capital expenditures made during the

year;

(

k) the value, and brief

summary, of exploration expenditures during the year;

(

l) the value, and brief

summary, of reclamation expenditures during the year;

(

m) a

summary of the operating

schedule and the operating periods for the year,

including the reasons for any periods when production was suspended;

(

n) for leases, a

summary of the resources and reserves as of December 31 of

the year;

(

o) a

summary of any changes to the method of working or area of working as

outlined in the previously submitted plans and, for leases, a discussion of

any exploration programs or mining conditions that led to changes in the ore

reserves and resources;

(

p) a

summary of any exploration drilling, including the number of drill holes,

their locations, size, lengths, dips, azimuths, significant intersections and

grades;

(

q) a

summary of the reclamation work and monitoring carried out;

(

r) a description of any changes to the reclamation plan or the final reclamation

design for the lease or non-mineral registration;

(

s) the quantity, categorized by type, of non-ore materials excavated and

placed, stored or stockpiled, including topsoil, soil overburden and waste

rock;

(

t) the quantity and analyses of tailings and other waste products generated by

the mill or processing plant together with a description of how the tailings

or other waste products were managed and disposed of;

(

u) the total area disturbed by the mining operation and not fully reclaimed at

the end of the reporting period, in hectares or square metres;

(

v) the number of employees at the operation, including any contractor or

contract employees working full-time at the mine, and all of the following

information about the employees:

(

i) years of employment for each employee,

(ii) the minimum number, the maximum number and the average

number of employees at the operation over the course of the year,

categorized by

(

A) salary or hourly, and

(

B) contracted or employed directly;

(

w) the area fully reclaimed during the period, in hectares or square metres;

(

x) for underground operations, the lineal metres of mine development during

the year, categorized as drift, crosscut or raise;

(

y) a

summary of any changes in property ownership in the lease or

non-mineral registration area during the year;

(

z) a

summary of the production, development work and reclamation work

planned for the coming year.

Statistical reports for mining and exploration

91 Statistical reports required to be filed under

Section 134 of the Act by operators and

persons who are mining or exploring must be filed on receiving a notification from the

Registrar.

Appeals from Officers’ Decisions

Notice of appeal of officer’s decision

(1) In this Section,

“decision” means a decision made under the Act or these regulations by an officer,

to issue, renew, refuse, suspend, order forfeiture or determine abandonment of a

licence, lease or registration.

(2) A notice of appeal of a decision must be served on the Minister no later than 30

days after the date of the decision appealed.

(3) If an appellant does not indicate on the notice of appeal that a copy of the notice of

appeal has been served on the officer whose decision is being appealed, the

Minister may send a copy of the notice to the officer.

Form of Oath

Conservation officer oath

(1) An oath required for a conservation officer by subsection 20(3) of the Act must be

in the following form:

Oath of Conservation Officer

I, , of , in the County of ,

Province of Nova Scotia, do solemnly (select one) swear / affirm that I will faithfully

perform and discharge the administrative and inspection duties of a conservation officer

under the Mineral Resources Act , and that I will report all cases of violation known to

me without fear, favour or affection (select one) so help me God / so I affirm.

Sworn to / Affirmed at

in the County of ,

Province of Nova Scotia, on

, 2018

before me,

A Commissioner of Oaths in and

for the Province of Nova Scotia

____________________________

Signature of Conservation Officer

(2) The oath referred to in subsection (1) must be taken in writing before a

commissioner of oaths or notary public, and sent to the Minister.

Schedule A—Claim Reference Map, Mineral Tract and Claim Divisions

(Sections 4, 5, and 6 of the Mineral Resources Regulations )

Legislative History

Reference Tables

Mineral Resources Regulations

N.S. Reg.

196/2018

Mineral Resources Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the

Mineral Resources Regulations made under the Mineral Resources Act includes all of the following

regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

196/2018

Dec 18, 2018

date specified

Nov 23, 2018

The

following regulations are not yet in force and are not included in the current

consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Definitions in subsection 16(1) placed in alphabetical

order for the purposes of this consolidation.

Dec 18, 2018

The Public Accountants Act referred to in s. 80

is repealed by s. 34 of the Financial Measures

(2019) Act , S.N.S.

2019, c. 4. Refer to the Chartered

Professional Accountants Act , S.N.S. 2015, c. 55 for continued licensing

of public accountants.

Sep 1, 2019

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

222/2004

Mineral Resources Regulations

Nov 4, 2004

Dec 18, 2018

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire history

of regulations on this subject matter.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 196/2018
Date2018-01-01
Typeregulation
Volume / chapterjust regulations regs mrregs.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifier9ad0ea46f81a8d62fafa78ec815efbded78827ac

Source file is stored in the law ingest library (htm).