54/2015

O.C. 137/2015

March 30, 2015

April 1, 2015

Mines Act

Mines Fee Regulation

[Last amended January 25, 2021 by B.C. Reg. 6/2021]

54_2015_pit

Interpretation

Interpretation

In this regulation:

Act means the Mines Act ;

advisory committee means an advisory committee established for the purposes of

section 9 of the Act;

mineral or coal mine means a mine at which mining activities in relation to surface or underground development or production of coal or minerals occur;

Minister of Finance means the minister responsible for the administration of the Financial Administration Act ;

pit or quarry means a mine at which mining activities in relation to rock, industrial minerals, limestone, earth, clay, sand or gravel occur;

placer mine means a mine at which mining activities in relation to placer minerals occur;

regional mine means a placer mine or a pit or quarry.

For the purposes of this regulation, each cubic metre of pay dirt moved in a placer mine is deemed to be equivalent to 2 tonnes of pay dirt moved in the mine.

Permit Fees

Prescribed permit fees

The prescribed fees for the review of an application for a permit or a revision to a permit are as set out in this Part.

This Part applies to the following persons:

a person who holds a permit on or after April 1, 2015;

an applicant for a permit or a revision to a permit, if the application

is made on or after April 1, 2015, or

was in relation to a mineral or coal mine and made before April 1, 2015 but no decision has been made to issue or to refuse the permit as of April 1, 2015.

General rules for regional mines

This

section applies to applicants for, and holders of, permits in respect of regional mines.

An applicant for a permit or a revision to a permit for a placer mine must include with the application both of the following:

a statement of the maximum number of tonnes of pay dirt proposed to be moved in the highest producing year of the permit;

the applicable permit fee, if any, as determined under

section 4 [permit fees for regional mines] .

An applicant for a permit or a revision to a permit for a pit or quarry must include with the application all of the following:

Repealed. [B.C. Reg. 73/2018, Sch. 2, s. 1.]

a statement of the maximum number of tonnes of materials proposed to be extracted in the highest producing year of the permit;

the applicable permit fee, if any, as determined under

section 4.

[am. B.C. Reg. 73/2018, Sch. 2, s. 1.]

Permit fees for regional mines

The applicable permit fees for the purposes of

section 3 (2) (

b) and (3) (c) [general rules for regional mines] are as set out in this section.

No permit fee applies in respect of an application for a revision that, in the opinion of the chief permitting officer, is merely administrative or clerical in nature.

Subject to subsection (2) of this section, the permit fee in respect of a placer mine is the fee, if any, set out in Column 3 of Table 1 opposite the tonnes of pay dirt stated under

section 3 (2) (a), as set out in

Column 1, in respect of a placer mine that is proposed to operate under the permit for 5 years or less, or

Column 2, in respect of a placer mine that is proposed to operate under the permit for more than 5 years.

Table 1: Permit Fees for Placer Mines

Column 1

Column 2

Column 3

Tonnes proposed to be moved in highest producing year

Permit fee

Placer mine proposed to operate for 5 years or less

Placer mine proposed to operate for more than 5 years

< 60 000

< 10 000

60 000 – < 125 000

10 000 – < 60 000

$4 000

125 000 – < 250 000

60 000 – < 125 000

$8 000

250 000 – < 500 000

125 000 – < 250 000

$16 000

≥ 500 000

≥ 250 000

$32 000

Subject to subsection (2) of this section, the permit fee in respect of a pit or quarry is the fee, if any, set out in Column 2 of Table 2 opposite the tonnes of materials stated under

section 3 (3) (b), as set out in Column 1.

Table 2: Permit Fees for Pits and Quarries

Column 1

Column 2

Tonnes proposed to be extracted in highest producing year

Permit fee

< 5 000

5 000 – < 10 000

$1 500

10 000 – < 20 000

$3 000

20 000 – < 30 000

$6 000

30 000 – < 40 000

$9 000

40 000 – < 50 000

$12 000

50 000 – < 60 000

$15 000

60 000 – < 70 000

$18 000

70 000 – < 80 000

$21 000

80 000 – < 90 000

$24 000

90 000 – < 100 000

$27 000

100 000 – < 130 000

$30 000

130 000 – < 170 000

$40 000

≥ 170 000

$50 000

[am. B.C. Regs. 73/2018, Sch. 2, s. 2; 6/2021, App. 2.]

General rules for mineral or coal mines

This

section applies to applicants for, and holders of, permits in respect of mineral or coal mines.

On receiving an application for a permit or a revision to a permit, the chief permitting officer must

determine the applicable permit fee, if any, in accordance with

section 6 [permit fees for mineral or coal mines] , and

advise the applicant, in writing, of the amount of the permit fee and the date by which the fee must be paid.

If the chief permitting officer advised an applicant that the applicable permit fee was that set out under

section 6 (3) (

a) but the chief permitting officer subsequently refers the application to an advisory committee, the chief permitting officer must

determine, in accordance with

section 6, the applicable permit fee,

subtract from the amount determined under paragraph (

a) the amount of the permit fee already paid, and

advise the applicant, in writing, of the amount of the additional permit fee as determined under paragraph (

b) and the date by which the fee must be paid.

An applicant who receives a notice under subsection (2) (

b) or (3) (

c) must pay the permit fee stated in the notice on or before the date stated in the notice.

[am. B.C. Reg. 6/2021, App. 2.]

Permit fees for mineral or coal mines

The applicable permit fees for the purposes of

section 5 [general rules for mineral or coal mines] are as set out in this section.

No permit fee applies in respect of an application for a revision that, in the opinion of the chief permitting officer, is merely administrative or clerical in nature.

Subject to subsection (2), the following permit fees apply:

$10 000, if the chief permitting officer does not refer the application to an advisory committee;

$125 000, if the chief permitting officer refers the application to an advisory committee.

Despite subsection (3) (b), the chief permitting officer may reduce the permit fee for an application referred to an advisory committee to $60 000 if the chief permitting officer is of the opinion that

the application is significantly less complex than usual, and

the subject matter of the application is not likely to significantly

change the design components of the mine, the mine plan or the reclamation program to be carried out in respect of the mine,

increase the impact on the land, watercourses or cultural heritage resources affected by the mine, or

iii

increase risks to the health and safety of any person, including the public, in, on or about the mine.

[am. B.C. Reg. 6/2021, App. 2.]

Inspection Fees

Prescribed inspection fees

The prescribed fees for inspections are as set out in this Part.

Inspection fees for pits or quarries

This

section applies to holders of permits in respect of pits or quarries.

A permit holder must pay to the Minister of Finance the applicable inspection fee as determined under subsection (4).

Payment under subsection (2) must be made each year, on or before January 31, in respect of the period beginning January 1 of the previous calendar year.

The annual inspection fee is the amount set out in Column 2 of the following table opposite the number of tonnes of materials extracted in the previous calendar year, as set out in Column 1:

Inspection Fees for Pits or Quarries

Column 1 Tonnes extracted

Column 2 Inspection fee

≤ 10 000

$150

> 10 000 – ≤ 25 000

$450

> 25 000 – ≤ 50 000

$900

> 50 000 – ≤ 100 000

$1 950

> 100 000

$3 750

Inspection fees for mineral or coal mines

This

section applies to holders of permits in respect of mineral or coal mines.

A permit holder must pay to the Minister of Finance the applicable inspection fee as determined under subsection (4).

Payment under subsection (2) must be made as follows:

in respect of the period beginning January 1 and ending June 30, on or before July 31 of that year;

in respect of the period beginning July 1 and ending December 31, on or before January 31 of the following year.

Subject to subsection (5), the inspection fee is the amount calculated by multiplying the payroll for the applicable period under subsection (3), as determined for the purposes of the Workers Compensation Act , by 0.007.

If the amount calculated under subsection (4) in respect of a period is less than $300, no inspection fee is payable for the period.

The permit holder must, on request of the Minister of Finance and within the time requested, provide to the Minister of Finance payroll and other accounting records for the purpose of verifying the amount calculated under subsection (4).

Certification Fees

Definitions

In this Part:

blasting certificate has the same meaning as in the code;

fireboss certificate means a fireboss certificate and an underground coal mine fireboss certificate within the meaning of the code;

shiftboss certificate means a shiftboss certificate, an open pit shiftboss certificate and an underground shiftboss certificate within the meaning of the code;

supervisor's certificate means a certificate of competency, a manager's certificate of competency, a supervisor's certificate of competency and a supervisor's certificate within the meaning of the code.

[en. B.C. Reg. 73/2018, Sch. 1.]

Certification fees

A person who applies for a supervisor's certificate must include with the application a fee totalling $100 for each examination referred to in

Part 1 of the code that the applicant is required to complete.

A person who applies, on or after April 1, 2019, for a blasting certificate must include with the application a fee totalling $100 for each examination referred to in

Part 8 of the code that the applicant is required to complete.

A person who applies, on or after April 1, 2020, for a shiftboss certificate must include with the application a fee totalling $100 for each examination referred to in

Part 1 of the code that the applicant is required to complete.

A person who applies, on or after April 1, 2021, for a fireboss certificate must include with the application a fee totalling $100 for each examination referred to in

Part 1 of the code that the applicant is required to complete.

[en. B.C. Reg. 73/2018, Sch. 1.]

[Provisions relevant to the enactment of this regulation: Mines Act , R.S.B.C. 1996, c. 293, s. 38 (2).]