Proclamation, S. 77, S.N.S. 1999, c. 12 Order in Council 2004-434 dated November 4, 2004
N.S. Reg. 221/2004
Nova Scotia — Gazette
© NS Registry of Regulations. Web version. 463
Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 28, No. 24 November 26, 2004 Contents Act Reg. No. Page Dairy Industry Act D a i r y F a r m e r s o f N o v a S c o t i a B y - l a w s – a m e n d m e n t.............................229/2004 613 Employment Support and Income Assistance Act Employment Support and Income Assistance Regulations– amendment .............. 223/2004 516 House of Assembly Act,
An Act to Amend
Chapter 1 (1992 Supplement) of the Revised Statutes, 1989 Proclamation, S. 2, S.N.S. 2004, c. 37 ......................................... 227/2004 611 Land Registration Act L a n d R e g i s t r a t i o n A d m i n i s t r a t i o n R e g u l a t i o n s – a m e n d m e n t .......................224/2004 518 L a n d R e g i s t r a t i o n A d m i n i s t r a t i o n R e g u l a t i o n s ..................................225/2004 518 Land Registration Act,
An Act to Amend
Chapter 6 of the Acts of 2001 Proclamation, S. 27, S.N.S. 2004, c. 38 ........................................ 228/2004 612 Mineral Resources Act Mineral Resources Regulations .............................................. 222/2004 465 Mineral Resources Act,
An Act to Amend
Chapter 18 of the Acts of 1990 Proclamation, S. 77, 1999 (2nd Session), c. 12 ................................... 221/2004 464 Motor Vehicle Act W i n t e r P a r k i n g R e g u l a t i o n s ................................................. 226/2004 606 NOW AVAILABLE The fourth issue of the 2004 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now available from the Office of the Registrar of Regulations. For information or subscription please call (902) 424-6723 or visit our website at <www.gov.ns.ca/just/regulations/cd>.
N.S. Reg. 221/2004 Royal Gazette
Part II - Regulations Vol. 28, No. 24 464 © NS Registry of Regulations. Web version. N.S. Reg. 221/2004 Made: November 4, 2004 Filed: November 8, 2004 Proclamation, S. 77, S.N.S. 1999, c. 12 Order in Council 2004-434 dated November 4, 2004 Proclamation made by the Governor in Council pursuant to
Section 77 of
An Act to Amend
Chapter 18 of the Acts of 1990, the Mineral Resources Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated October 19, 2004, and pursuant to
Section 77 of
Chapter 12 of the Acts of 1999 (Second Session),
An Act to Amend
Chapter 18 of the Acts of 1990, the Mineral Resources Act, is pleased to order and declare by proclamation that
Chapter 12 of the Acts of 1999 (Second Session),
An Act to Amend
Chapter 18 of the Acts of 1990, the Mineral Resources Act, come into force on and not before November 4, 2004. PROVINCE OF NOVA SCOTIA Sgd: Myra A. Freeman G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, GREETING: A PROCLAMATION
WHEREAS in and by
Section 77 of
Chapter 12 of the Acts of 1999 (Second Session),
An Act to Amend
Chapter 18 of the Acts of 1990, the Mineral Resources Act, it is enacted as follows: 77 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND
WHEREAS it is deemed expedient that
Chapter 12 of the Acts of 1999 (Second Session),
An Act to Amend
Chapter 18 of the Acts of 1990, the Mineral Resources Act, come into force on and not before November 4, 2004; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that
Chapter 12 of the Acts of 1999 (Second Session),
An Act to Amend
Chapter 18 of the Acts of 1990, the Mineral Resources Act, come into force on and not before November 4, 2004, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Myra A. Freeman, Lieutenant Governor of the Province of Nova Scotia.
N.S. Reg. 221/2004 - 222/2004 Royal Gazette
Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 465 AT Our Government House in the Halifax Regional Municipality, this 4th day of November, in the year of Our Lord two thousand and four and in the fifty-third year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 222/2004 Made: November 4, 2004 Filed: November 8, 2004 Mineral Resources Regulations Order in Council 2004-435 dated November 4, 2004 Regulations made by the Governor in Council pursuant to
Section 174 of the Mineral Resources Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated October 19, 2004, and pursuant to
Section 174 of
Chapter 18 of the Acts of 1990, the Mineral Resources Act, is pleased, effective on and after November 4, 2004, (
a) to repeal the Mineral Resources Regulations, N.S. Reg. 30/91, made by the Governor in Council by Order in Council 91-275 dated March 5, 1991; and (
b) to make new regulations respec ting mineral resources in the form set forth in
Schedule “A” attached to and forming part of the report and recommendation.
Schedule “A” Regulations Respecting Mineral Resources made by the Governor in Council pursuant to
Section 174 of
Chapter 18 of the Acts of 1990, the Mineral Resources Act
Interpretation Citation 1 These regulations may be cited as the Mineral Resources Regulations.
Definitions 2 In these regulations (a) “base maps” means the National Topographic Series (NTS-NAD '27) maps on a scale of 1:50 000 made by Natural Resources Canada for areas bounded by each 30 N of longitude and each 15N of latitude;
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Web version. (b) “caveat” means a notice of a trust filed under subsection 88(4) of the Act; (c) “claim reference map” means a representation of one quarter of the area of a base map as subdivided in accordance with subsection 5(1); (d) “decision” means a decision that is made under the Act by an officer to issue, renew, refuse, suspend, order forfeiture, or determine abandonment of a licence, lease, or registration; (e) “drillhole” means a hole drilled for the primary purpose of obtaining geological, geochemical, or geophysical information; (f) “index map” means a generalized location map; (g) “non-Crown limestone” means limestone that has not been declared to be a mineral under
Section 5 of the Act; (h) “surface excavation” means trenching, pitting or stripping surface material for the purpose of finding, identifying or determining the presence or extent of any mineral (
i) by mechanical means, or (ii) by other than mechanical means to a depth greater than 1.2 m; (i) “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; (j) “underground exploration” means the openi ng or reopening of underground workings and includes dewatering or rehabilitating the underground workings; (k) “watercourse” means a lake, river, stream, ocean or other body of water. 3 For the purposes of the Act, (a) “construction stone” includes shale or clay when used to manufacture masonry building products; (b) “masonry building products” includes common building bricks.
Boundaries Basis for establishing claim reference maps 4 The base maps must be used as the basis for establishing claim reference maps to determine the boundaries of claims, licences, leases and non-mineral registrations. Claim reference maps 5( 1 ) The area represented by each base map must be subdivided into 4 claim reference maps, as shown in Figure 1 in
Section 8, by median lines corresponding to the median longitude and latitude lines of the base map, and the 4 claim reference maps produced must be 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.
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Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 467 Division of claim reference map into tracts 6( 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
Section 8, with 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 mu st be straight lines parallel to the chord of one-half of the part of the parallel of latitude that represents the south boundary of each claim reference map; and (
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
Section 8. Division of tract into claims 7( 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
Section 8. Figures showing subdivision of base map 8 Figures 1, 2 and 3 as referred to in Sections 5, 6 and 7 are as follows:
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Part II - Regulations Vol. 28, No. 24 468 © NS Registry of Regulations. Web version. Requirement to use prescribed land divisions in descriptions 9 All mineral rights and non-mineral registration areas must be defined or described in terms of the divisions of land prescribed in Sections 4 to 8. Boundary measurement requirements 10
(1) All boundaries extend downward vertically without limit.
(2) All surface measurements must be referenced to a horizontal plane. Records Record maintenance 11 The Registrar must maintain records for (
a) applications to register as a prospector; (
b) base maps; (
c) claim reference maps; (
d) an index of holders of exploration licences; (
e) applications for exploration licences; (
f) copies of exploration licences; (
g) applications for special licences; (
h) copies of special licences; (
i) statements of expenditure; (
j) prospectors’ statements; (
k) certificates of compliance; (
l) assessment work reports; (
m) statements of work credits; (
n) excavation registrations; (
o) letters of authorization; (
p) surface rights permits; (
q) agreements; (
r) caveats; (
s) summaries of agreements; (
t) tender submissions; (
u) an index of holders of l eases and non-mineral registrations; (
v) applications for leases; (
w) copies of leases and non-mineral registrations; (
x) applications for special leases; (
y) copies of special leases; (
z) an index of holders of mining permits; (aa) applications for mining permits; (ab) copies of mining permits; (ac) mine reports; (ad) reports of work on leases; (ae) reports on closure of mines; (af) milling permits; (ag) reclamation bonds; (ah) transfers; (ai) surrenders; (aj) copies of notices; (ak) statistical reports; (al) letters of closure of land; (am) letters of reopening of land; and (an) fees charged and recovered, and such additional records as the Registrar may require in order to perform the duties of the Registrar under the Act.
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(1) The Registrar must correct any error appearing on a map maintained by the Registrar when the Registrar becomes aware of the error.
(2) The Registrar may correct a document filed with the Registrar to ensure that the document is a copy of the original document. Form of records 13 The Registrar may maintain required indexes, listings of information and other records of the Registrar’s office in photographic, computerized or other electronic data storage systems, and may amend, update or correct the indexes, listings of information and records. Registrar maintaining copies 14
(1) The Registrar may maintain a copy of a document that is issued by or that remains in the custody of the Registrar by maintaining (
a) a duplicate copy of the original; (
b) a carbon copy of the original; (
c) a photostat copy of the original; (
d) a computer file that contains all the material in the original that is unique to the document; (
e) a photographic reproduction of the original; (
f) material from the original in an electronic data storage medium that is capable of reproducing an accurate copy of the original; or (
g) an accurate copy of the original that has been prepared by the Registrar from the information stored by any of the methods described in clauses (
a) to (f).
(2) If the Registrar is satisfied that an accurate copy of a document has been made, the Registrar may order the destruction of the original document. Service and Delivery of Documents Service of document by Minister, Registrar or other person 15
(1) 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 (
a) it is delivered personally; (
b) it is sent by pre-paid registered or certified mail to the latest address shown on the records of the Registrar for the person; or (
c) it is sent to a facsimile machine in the most recent office or place of residence shown on the records of the Registrar for the person.
(2) The Registrar may order another means of service, including substituted service, service by advertisement or other form of service.
(3) Receipt of a notice or document referred to in subsection (1) is deemed to occur no later than the 4th day after the date of service.
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(1) A document required to be delivered to or filed with the Minister or the Registrar must be personally delivered or sent by pre-paid mail.
(2) A document is deemed not to have been received by the Minister or Registrar unless and until it is delivered in accordance with subsection (1). Documents sent by fax 17 The Minister or Registrar may, but is not required to, respond to or act upon a document sent to either of them by facsimile machine.
Transfers Definition of “transfer” 18 For the purposes of Sections 85 and 86 of the Act, “transfer” and “transferred” refer to a transfer by way of an instrument, agreement, assignment or conveyance that conveys one or more complete geographical claims from a registered mineral right holder or non-mineral registrant to a new mineral right holder or non-mineral registrant, but do not refer to (
a) a transfer of a partial interest in a mineral right if the registered mineral right holder does not change; or (
b) a transfer of a partial interest in a non-mine ral registration if the non-mineral registrant does not change; or (
c) an abandonment, surrender, forfeitu re or termination under the Act. Form and notice of transfer 19 A transfer of a mineral right or non-mineral registration must be in Form 1, and a completed and filed Form 1 is notice of the transfer.
Summary of agreement 20
(1) A
summary of an agreement required by subsection 87(1) or (1A) of the Act that results or may result in a transfer or assignment of a mineral right or non-mineral registration, part of a mineral right or non-mineral registration, or any interest in a mineral right or non-mineral registration, must be in Form 2.
(2) The Registrar must assign a sequential number to each Form 2 as it is received and make a notation of the number on the face of the corresponding affected mineral right or non-mineral registration.
(3) The Registrar must maintain an index in which the Registrar records the number assigned to a
summary and the names of the parties listed in the
summary.
(4) The Registrar may delete from the index a reference to a notice relating to a mineral right or non- mineral registration that has ceased to exist. Caveats 21
(1) A caveat required by subsection 88(4) of the Act to give notice of a trust must be in Form 3.
(2) The Registrar must assign a sequential number to each caveat as it is received and make a notation of the number on the face of the corresponding affected mineral right or non-mineral registration.
(3) The Registrar must maintain an index in which the Registrar records the number assigned to a caveat and the corresponding number of the mineral right or non-mineral registration affected by the caveat.
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(4) The Registrar may delete from the index a reference to a caveat relating to a mineral right or non- mineral registration that has ceased to exist. Registration as a Prospector 22
(1) A person required to register as a prospector under clause 21(3)(
b) of the Act must submit a completed application in Form 4 to the Registrar.
(2) The Registrar must enter the particulars of each registered prospector who applies under subsection (1) in a list of registered prospectors maintained by the Registrar.
(3) The Registrar must give each registered prospector a copy of the Act and these regulations.
(4) The Registrar must issue an identification card in Form 5 to each registered prospector.
(5) The Registrar may remove from the list of registered prospectors the name of a person who has (
a) been found guilty of an offence under the Act or these regulations; (
b) requested in writing to have their name removed from the list and has returned the identification card; or (
c) died. Licences Form of application 23 An application for a licence or its renewal required by subsection 24(2) or clause 44(1)(
a) of the Act must be in Form 6. Form of required information under
Section 25 of the Act 24 The documentation required by
Section 25 of the Act to be filed by a person who applies for an exploration licence must be in Form 7. Consideration of applications received by mail 25 The Registrar is permitted to consider applications for licences submitted by mail only if there are no pending applications that have been submitted by applicants in person to the Registrar’s office. Competing applications 26 For the purpose of tendering the right to obtain an exploration licence to 2 or more applicants in accordance with subsections 34(1) and (2) of the Act, the Registrar must (
a) give written notice to each applicant of pendi ng applications no later than 7 calendar days after the date the applications are received by the Registrar; (
b) request that each applicant submit a tender in the form of a work proposal no later than 28 days after the date of the notice; and (
c) subject to subsection 34(3) of the Act, no late r than 10 days after the date the last tender submitted in accordance with clause (
b) is received, issue an exploration licence as required by subsection 34(2) of the Act. Application for area under expired exploration licence 27
(1) If an exploration licence expires, an application for a new exploration licence for all or a portion of the same area may not be made before 10 a.m. on the day following the expiry date of the exploration licence.
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(2) If an exploration licence for an area is renewed under
Section 44 or subsection 45(2) of the Act, the Registrar must reject all other applications for the area.
(3) The Registrar must consider all acceptable applications received under subsection (1) in the order that they are received. Form of exploration licence 28 An exploration licence must be in Form 8. Renewal limitations 29
(1) A licence may be renewed at any time within a period of 12 months less 1 working day before the anniversary of the licence.
(2) If an exploration licence is renewed more than 30 days before the anniversary of the licence, (
a) there is no refund of all or any portion of the paid application fees; (
b) work credits that have been allocated must not be redistributed until the next renewal of the licence; and (
c) if additional assessment work is submitted before the next renewal, the assessment work must, subject to
Section 39, be added to existing work credits (
i) at 100% of acceptable cost, if filed in the licence year during which the work was performed, or (ii) at 50% of acceptable cost, if filed at a later date. Late renewal 30 The renewal of a licence under
Section 47 of the Act does not alter the anniversary date of the licence or the work requirements for the licence. Form of certificate of compliance 31 A certificate of compliance granted under
Section 49 of the Act must be in Form 9. Delivery of a licence 32 Unless the Registrar and licensee agree otherwise, the Registrar must send a licence issued to the licensee by pre-paid mail to the address provided in the application for the licence. Refund on refusal or rejection of application 33 If an application for a licence is refused or rejected, the Registrar must return the amount of the fee submitted with the application, less the amount of any administration fee charged, to the applicant by pre-paid mail to the address provided in the application. Assessment Work Statement of expenditure 34
(1) A statement of expenditure required by subsection 43(1) of the Act must be in Form 10.
(2) On a statement of expenditure, all expenditures for assessment work that qualifies for work credit must be expressed in Canadian dollars and must be documented to the satisfaction of the Registrar. Minimum value of acceptable work required for submission 35 The minimum value of acceptable assessment work that must be submitted for the renewal of an exploration licence is
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Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 473 Year of Licence Dollars per Year per Claim 1st to 10th $200 11th to 15th $400 16th and after $800 Work credit for assessment work in excess of minimum 36 Work credit applied under subsection 48(1) of the Act for all acceptable assessment work in excess of the minimum required by
Section 35 for renewal of an exploration licence must be applied at its full value to a later renewal of the licence up to a maximum of 10 years following the date of submission, if the excess assessment 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 to be applied to later renewal 37 Work credits held under an exploration licence before the effective date of these regulations may be brought forward up to a maximum of 10 years after the effective date of these regulations for a later application to renew the licence and must be applied in accordance with
Section 35 as of the next anniversary date of the licence after the effective date. Assessment work acceptable for work credit 38
(1) The full cost of the following assessment work may be accepted for credit to a licence: (
a) prospecting; (
b) trenching, pitting, stripping and refilling excavations; (
c) line cutting or flagging; (
d) geological surveys; (
e) geochemical surveys; (
f) geophysical surveys, including ground, marine and borehole investigations; (
g) airborne surveys, including photographic, geophysical and geochemical; (
h) photogeological and remote imagery
interpretations; (
i) drilling and sealing of drillholes; (
j) surface and underground surveys relate d to exploration or development; (
k) surface or underground exploration work; (
l) assays, analyses and mineral tests; (
m) technical data compilations; and (
n) any other work and reasonable expenses approved by the Registrar as being necessarily incidental to and directly associated with the work mentioned in clauses (
a) to (m), including expenses for accommodation, food, meals and transportation.
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(2) The cost of the following assessment work is considered allowable ancillary expenses, the total credit for which must not exceed 10% of the cost of assessment work accepted for credit to a licence: (
a) the cost of a building, structure, machin ery, plant, equipment, conveyance or access road; (
b) expenditures made to (
i) reclaim property, (ii) rehabilitate buildings or structures, (iii) prepare environmental impact or assessment studies conducted for proposed mining purposes, (iv) test mining methods, and (
v) prepare metallurgical studies, including e xpenses for consumable items related to ore processing testwork, pilot plant runs and milling of bulk samples; (
c) the cost of preparing of marketing studies; (
d) compensation paid to landowners; (
e) legal fees directly relating to landowners and contractors; (
f) accounting fees directly attributable to the licence; (
g) the cost of secretarial services; (
h) the cost of drafting and cartographic services; (
i) the cost of field supplies; and (
j) office expenses consisting of monies spent for (
i) rent, (ii) heat, (iii) light, (iv) supplies, (
v) telecommunications, (vi) office equipment rental, (vii) postage, express and freight, (viii) building and equipment insurance, and (ix) reasonable printing and copying charges.
(3) Despite subsections (1) and (2), assessment work must not be credited if (
a) it has previously been credited; (
b) it fails to provide new or additional data c ontributing to the geoscientific knowledge of the area upon which it was conducted; (
c) it is not reported in the manner prescribed by these regulations; or (
d) the costs are not acceptable to the Registrar.
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(1) Work credits for an airborne survey are permitted to be applied to an exploration licence held or subsequently acquired for the survey area only if an acceptable report and statement of expenditure are submitted.
(2) Work credits for an airborne survey must be applied at a rate determined on the basis of the time that elapses between the completion of the survey and submission of a report and statement of expenditure as follows: Year Report Submitted Percentage of Survey Cost to be Credited 1st or 2nd year after survey 125 3rd year after survey 100 4th year after survey 75 5th to 10th year after survey at the discretion of the Registrar, to a maximum of 50 11th year or later after survey 0
(3) Work credits for prospecting or preliminary ground surveys performed on unlicensed ground are permitted to be applied to an exploration licence subsequently acquired for the survey area only if (
a) the work was conducted on lands that were, at the time of the work, available for application for an exploration licence; and (
b) an acceptable report and statement of expenditure are submitted.
(4) Credit for preliminary ground surveys referred to in subsection (3) must be applied in the same manner as for airborne surveys as set out in subsection (2), except that the rate must be determined based on the time that elapses between the date the ground survey begins and submission of an acceptable report and statement of expenditure. Acceptable assessment work - decision of Minister final 40 In the event of a dispute regarding whether an activity constitutes acceptable assessment work, the decision of the Minister is final. Form of assessment work report 41
(1) Assessment work submitted for credit to an exploration licence must be reported in (
a) a prospector’s statement in Form 11 in duplicate; or (
b) a technical report.
(2) Acceptable assessment work reported in a prospector’s statement submitted for credit in respect of an exploration licence must be credited on the basis of $50.00 for each 8 hours during which the assessment work was performed.
(3) A prospector’s statement may be submitted for work credit only for the first 7 renewals of an exploration licence. Prospector’s statement allowed if exempt from filing technical report 42
(1) An individual who is, in the opinion of the Registrar, exempt from the requirement to file a technical report may submit a prospector’s statement in duplicate in Form 11 as evidence of assessment work conducted upon a licence area.
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(2) A prospector’s statement submitted under subsection (1) must be accompanied by a daily log of activities and a map upon which relevant new observations are noted, both prepared in a form and manner acceptable to the Registrar. Technical reports - format 43
(1) A report submitted for assessment work conducted in respect of a licence must be made up of a text and technical illustrations.
(2) A report referred to in subsection (1) must contain all information obtained from technical data compilations and assessment work conducted and submitted for assessment work credits.
(3) A separate report must be filed for each licence unless (
a) a licence forms part of a group of coterminous licences, in which case a single report for the group is acceptable; or (
b) the report is approved by the Registrar for work credit to more than 1 exploration licence.
(4) Two copies of every report and illustration must be submitted as evidence of assessment work and must (
a) be of a quality suitable for duplication and microfilming; (
b) be printed in good quality type on a good gr ade of paper of letter or legal size; (
c) be bound between covers or contained in fo lders whose maximum dimensions do not exceed 38 by 25 cm; (
d) have margins of suitable width to allow full view of the text; (
e) have a title page and all subse quent pages numbered consecutively; (
f) contain the date on which the report was completed; and (
g) contain a table of contents that sets out the principal subdivisions of the text with corresponding page numbers, a table of illustrations with corresponding figure numbers, a table of appendices with corresponding appendix numbers and a list of tables with corresponding table numbers and titles.
(5) The text of each report must include the following principal subdivisions: (
a) Summary - a
summary of the work performed and of the results obtained; (
b) Introduction - an outline of the scope of and reasons for the work program; (
c) Location and Access - an outline of details regarding the location of the work program; (
d) Licence Tabulation - a tabulation of the licences pertaining to the report, including claim reference maps, tracts, claims and dates of issue, the name of the licence holder and, if different, the name of the person submitting the report; (
e) Work Performed - a detailed description of the 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 - a discussion and inte rpretation of the results of the work conducted;
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g) Conclusions and Recommendations - an outline of the conclusions reached and recommendations made regarding future work on the property under the licence; (
h) Bibliography; (
i) an Author’s Certificate as required by
Section 78; and (
j) Appendices.
(6) In addition to the requirements of subsections (1) to (5), if assays or analytical results are reported the report must include (
a) a description of the analytical methods and indicated detection limits; and (
b) a clearly legible and signed copy of the cer tified laboratory report submitted by the analytical facility that conducted the work.
(7) If drilling results are reported, typed drill logs must be submitted. Technical illustrations - format 44
(1) A technical illustration that accompanies or is included in a report must be submitted in such detail and on such a scale so as to permit on-site verification and must (
a) be clearly visible and legible; (
b) have outside dimensions that are no larger than 91 cm by 122 cm; (
c) have a complete legend referenced by num bers, letters, graphic patterns or symbols; (
d) be a copy of the original drawing or tracing; (
e) if bound into the report, include a margin of a suitable width to allow full view of the illustration; and (
f) include the following, as may be appropriate to the nature of the illustration, including separate index maps: (
i) a bar scale, (ii) an astronomic (true) north arrow, (iii) a title, (iv) the date the illustration was prepared, and (
v) a figure number.
(2) A technical illustration that includes a map, other than an index map, must include (
a) the plotted location of appropria te lines of latitude and longitude; (
b) the licence boundaries along with appropriate tract or claim boundaries; (
c) distinctive topographic features 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 lin es, named or identified appropriately, with the length and azimuth of each line shown; and
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f) the location of geodetic monuments if located in the map area, survey control points, bench marks and reference measurements to identifiable surface features or permanent objects. Details of geological work performed 45
(1) If geological work is submitted for work credit, in addition to the requirements of
Section 43, a report of geological work must include descriptions of (
a) the manner in which the work was conducte d, the dates upon which it was conducted and by whom it was conducted; (
b) the geological features observed; (
c) the synthesis of the geological observations referred to in clause (b); (
d) each sample taken and the location of each sample taken; and (
e) all prospecting activity conducted.
(2) If geological work is submitted for work credit, in addition to the requirements of
Section 44, a geological map must be submitted and must show (
a) mapped outcrops, float and ot her observed geological features; (
b) the orientation of geological features observed; (
c) identification of the various rock types observed; (
d) trenches, pits, stripped areas, shafts and underground workings; (
e) the number and location of all drillholes; (
f) the location and identification, by means of sample number, of all samples taken for analysis; (
g) an indication of the detection limit of the analytical procedures employed; and (
h) the numerical values of all analyzed rock a bove the detection limit for the elements that form the primary targets of the exploration program. Details of geochemical work performed 46
(1) If geochemical work is submitted for work credit, in addition to the requirements of
Section 43, a report of geochemical work, including an orientation survey, must include (
a) the type of survey, including a description of sample medium and field sample preparation; (
b) 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 (
i) local geology, (ii) local topography, (iii) local surface and ground water data, (iv) local meteorological conditions, and (
v) specific dates; and (
c) a description of results.
(2) If geochemical work is submitted for work credit, in addition to the requirements of
Section 44, a geochemical map must be submitted and must show
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a) the distinctive topographic features and releva nt site information that may influence the
interpretation of results; (
b) the location and identification, by means of sample number, of all samples taken for analysis; (
c) an indication of the detection limit of the analytical procedures employed; and (
d) the numerical values above the detection limit fo r the elements that form the primary targets of the exploration program. Details of geophysical work performed 47
(1) If geophysical work is submitted for work credit, in addition to the requirements of
Section 43, a report of geophysical work, including an orientation survey, must include (
a) the type and method of survey, correctional t echniques, type and model of instrument used, components measured and locational controls employed, including (
i) in the case of a ground survey, th e total line kilometres surveyed, (ii) in the case of an airborne survey, the aircraft type, ground clearance, location of area covered and total line kilometres surveyed, and (iii) in the case of a shipborne survey, the type and size of vessel and total line kilometres surveyed; (
b) relevant information that may have a beari ng on the results obtained and their
interpretation, including local geology, topography, powerlines, swamps and meteorological conditions; and (
c) a description of results.
(2) If geophysical work is submitted for work credit, in addition to the requirements of
Section 44, a geophysical map must be submitted and must show (
a) distinctive topographic features and relevant s ite information that may have a bearing on the
interpretation of results; (
b) applicable instrument and transmitting station orientation; (
c) instrument readings for each station or fix point, corrected for instrument drift and diurnal variations; and (
d) properly supported, contoured or profiled in formation from airborne, shipborne or remote sensing surveys.
(3) A geophysical profile or cross-section that is submitted as part of geophysical work must show (
a) horizontal and vertical scales; and (
b) stations identified so that the profile or cr oss-section may be related to the tract, traverse or drillhole and geophysical survey maps. Report of drilling results 48
(1) If drilling results are submitted for work credit, in addition to the requirements of
Section 43, all drilling activity, except holes for blasting purposes, must be reported with a drilling results report that includes
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a) a written description of the drilling program, including the type of drilling, number of holes drilled, dates of commencement and completion of the drill program, location, core storage site, hole size, total metres drilled, equipment and casing left in the hole and hole abandonment procedures; (
b) an identification of drill targets; (
c) a review of the results of the drilling program; (
d) a description of downhole geophysical surveys, including results; (
e) an identification of the type of material sampled including core, sludge, overburden and chips, and sample fraction including whole core and split core; and (
f) a typed drill log for each hole that includes (
i) the name of the exploration company and, if it is not the same, the name of the licensee, (ii) the hole identification number, which includes a year designation, (iii) the collar location with map coordinates, exploration grid coordinates and claim reference map, tract and claim references, (iv) the datum, whether established or assumed, (
v) the azimuth, inclination and elevation of the hole at the collar, (vi) the depth and result of each dip and azimuth test, (vii) the depth of overburden and the total depth of the hole, (viii) the dates of commencement and completion of drilling, (ix) the type of materials obtained including core, chips and sludge, (
x) the name of the drilling contractors, (xi) the hole size, (xii) the name of the person who prepared the log, (xiii) a detailed geological description in descendi ng order from the collar to the end of the hole including depths of features described, sample numbers and sample intervals, (xiv) where possible, all assays, analyses and results, and (xv) a statement regarding whether whole or split samples were removed.
(2) If drilling results are submitted for work credit, in addition to the requirements of
Section 44, the location of drillholes must be recorded on a map and must show hole number and relevant site information. Details of excavation work performed 49
(1) If excavation work is submitted for work credit, in addition to the requirements of
Section 43, all excavation work must be reported and the report must include
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a) a description of (
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, and (iv) the dimension and orientation of workings and, if applicable, 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; and (
e) a description and location of all samples taken, and analyzed, and the name of the laboratory where samples were analyzed.
(2) If excavation work is submitted for work credit, in addition to the requirements of
Section 44, each technical illustration pertaining to an excavation must show, if applicable, (
a) the location of the excavation with resp ect to appropriate tract or claim boundaries; (
b) the dimensions and orie ntation of the excavation; (
c) the location and identification, by means of sample number, of all samples taken for analysis; (
d) an indication of the detection limit of the analytical procedures employed; and (
e) the numerical values above the detection limit fo r the elements that form the primary targets of the exploration program. Details of metallurgical studies performed 50 If metallurgical studies are submitted for work credit, in addition to the requirements of
Section 43, the results of all metallurgical studies or test work and all mineralogical examinations must be reported and the report must include (
a) the source, 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; and (
e) a process flowsheet and metallurgical results from pilot plant testing and bulk sample processing. Excavation Excavation registration 51
(1) An excavation registration required by
Section 101 of the Act must be submitted to the Registrar at least 7 days before the commencement of the activities to be conducted under the excavation registration.
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(2) An excavation registration must be in Form 12.
(3) A person submitting an excavation registration must (
a) attach sketch map(
s) on a practical scale showing the extent of the proposed work and in sufficient topographic detail to easily locate the site of excavation; (
b) post a reclamation bond in a form and amount acceptable to the Minister as required by
Section 97 of the Act; (
c) provide a statement confirming the consent or agreement of the owner or tenant of the land.
(4) If the information required to be submitted to the Registrar in Form 12 is incomplete, the Registrar may refuse to record an excavation registration and must inform the applicant of the refusal.
(5) If the information required to be submitted to the Registrar in Form 12 is a misrepresentation, the Registrar may immediately strike the excavation registration from the Registrar’s records.
(6) If the information required and submitted to the Registrar in Form 12 is complete, the Registrar must enter the excavation registration in the Registrar’s records. Prohibition of bulk sampling activities without lease or letter of authorization 52 No person is permitted to conduct or engage in activities referred to in
Section 102 of the Act unless the person is (
a) the holder of a mineral lease; or (
b) a licensee who holds a letter of authorization for the area upon which the proposed activities are to be conducted. Application for letter of authorization 53
(1) An application for a letter of authorization must be submitted to the Registrar in Form 13.
(2) An applicant for a letter of authorization must submit (
a) a map showing the location of the proposed activity and access route to the site from the nearest settlement or public road; (
b) a statement confirming (
i) the consent or agreement of the owner or tenant of private land under Sections 39 or 59 of the Act, or (ii) the consent of the Minister or the Minister’s designate to enter upon and work Crown land under
Section 40 of the Act, or (iii) that the applicant holds a surface rights permit issued under
Section 100 of the Act; (
c) a brief report on the size, location and purpose of the bulk sample, mining method,
schedule and expected results; (
d) a map of the site showing existing surface features, diamond-drill holes, test pits and any shafts or underground workings; (
e) a map or drawing showing
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i) major geological features, (ii) the sample location and dimensions, (iii) the location and dimensions of proposed workings, (iv) the location of settling ponds and waste disposal areas, (
v) the location of all buildings, roads and other infrastructure, (vi) all other major project-specific features; (
f) a description of the reclamation work to be conducted upon the completion of the exploration or sampling; and (
g) a reclamation bond in a form and amount acceptable to the Minister as required by subsections 97(1) and 102(3) of the Act, and any additional information requested by the Registrar.
(3) If the information required to be submitted to the Registrar in Form 13 is a misrepresentation, the Minister may immediately revoke this letter of authorization. Issuance of letter of authorization 54 The Registrar may issue a letter of authorization. Refusal to issue letter of authorization 55 The Registrar may refuse to issue a letter of authorization if the Registrar determines that (
a) the proposed activity is not for the purpose of exploration or testing or, in the opinion of the Registrar, is detrimental to the resource; (
b) the applicant has failed to obtain the necessar y consent, agreement or surface rights permit referred to in clause 53(2)(b); (
c) the applicant has failed to post a reclamation bond in a form and amount acceptable to the Minister; or (
d) the applicant has failed to provide a plan of reclamation satisfactory to the Registrar. Letter of authorization documentation to be kept by field representative 56 The holder of a letter of authorization must ensure that a copy of the letter of authorization and evidence of the consent, agreement or surface rights permit referred to in clause 53(2)(
b) are kept in the custody of the field representative named in the letter of authorization and are available for inspection at the site named in the letter of authorization. Time limit for refilling excavation after bulk sampling 57
(1) Despite any agreement made with a landowner or tenant regarding reclamation, the holder of an excavation registration or letter of authorization must refill each excavation no later than 30 days after the date that the work program is completed, or such longer time as may be directed by the Registrar in accordance with subsection (2).
(2) If 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 leave an excavation open, and the Registrar is shown good cause in the written request for leaving the excavation open, the Registrar may direct that the excavation remain unfilled.
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a) of the Act must be in Form 14. Form of required information under
Section 25 of the Act 59 The documentation required by
Section 25 of the Act to be filed by a person who applies for a lease must be in Form 7. Additional required documentation filed with application 60 The documentation required to be filed with an application for a mineral lease for the purposes of clause 56(1)(
b) of the Act is a report to the Registrar that includes (
a) 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; (
b) resource information, including (
i) a map showing the location of all drillholes, 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 longit udinal sections through the deposit, and (iv) a table of ore reserves, including (
A) grades and quantities, categorized as proven, probable or possible, (
B) a description of the method of calculating the reserves, (
C) a statement of the specific gravity used and reason for its use, and (
D) a statement of the cutoff grade used and reason for its use; (
c) mining information, including (
i) a general map showing the surface faciliti es buildings, water diversions, settling and treatment ponds and ore and waste storage areas, (ii) strip ratio and recovery factor, (iii) a description of the proposed mining methods and schedules for all surface and underground development work, and (iv) a description of the methods to be used for the reclamation of the mine, waste dumps, tailings ponds and other areas disturbed by the project, including a site plan; and (
d) mineral processing information, including (
i) a description of the processing method, and (ii) a flow sheet for the process showing metallurgical balances, and any additional information that the Registrar considers necessary for the purposes of the Act.
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(1) The Registrar must enter a lease into the Registrar’s records by noting (
a) the date of the lease; (
b) the name and address of the lessee; (
c) a description of the lands covered in the lease; (
d) the commencement date and term of the lease; and (
e) the consideration to be paid, and additional matters particular to the lease.
(2) In recording a lease under subsection (1), the Registrar is not required to copy into the record standard clauses that are common to leases. Non-Mineral Registration Application for non-mineral registration 64 An application for a non-mineral registration required by clause 90(2)(
a) of the Act for mining gypsum and non-Crown limestone must be in Form 17. Additional required documentation filed with application 65 The documentation required to be filed with an application for a non-mineral registration for the purposes of clause 90(2)(
b) of the Act is a completed Form 7 and a report to the Registrar in accordance with
Section 66. Report to Registrar filed with application 66 A report to the Registrar to be filed with an application for a non-mineral registration must include (
a) 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; and (
b) mining information, including (
i) 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 areas, (ii) strip ratio and recovery factor, (iii) a description of the proposed mining methods and schedules for all surface and underground development work, and (iv) a description of the methods to be used for the reclamation of the mine, waste dumps, tailings ponds and other areas disturbed by the project, including a site plan,
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(1) The Registrar must enter a duplicate of a non-mineral registration filed under subsection 92(3) of the Act into the record by giving it a sequential number.
(2) The Registrar must maintain an index of non-mineral registrations in which the Registrar records the number of each non-mineral registration, the name of the holder of the non-mineral registration and the area covered by the non-mineral registration.
(3) The Registrar may enter portions of a non-mineral registration into the records of the Registrar, and the entered portion is deemed to be an accurate copy of the original document. Annual report on mining operations 69 The annual report required by
Section 61 and clause 94(1)(
d) of the Act must be a report on mining operations in Form 16. Fees 70 Fees payable under the Act are as follows: (
a) i s s u a n c e o f e x p l o r a t i o n l i c e n c e............................ $ 5 . 0 0 / c l a i m (
b) conversion or annual renewal of exploration licence, for years 2 t o 1 0 ............................................... $ 5 . 0 0 / c l a i m 1 1 t o 1 5 ............................................. $20.00/claim 1 6 t o 2 5 ............................................. $80.00/claim 2 6 a n d a f t e r ......................................... $160.00/claim (
c) i s s u a n c e o r r e n e w a l o f s p e c i a l l i c e n c e .................. $ 5 . 0 0 / c l a i m / y e a r (
d) lease rental ..................................... $100.00/claim/year (
e) payment in lieu of assessment work, for years 1 t o 1 0 ............................................. $200.00/claim 1 1 t o 1 5 ............................................ $400.00/claim 1 6 a n d a f t e r ......................................... $800.00/claim (
f) assignment or transfer of exploration licence ...................... $ 5 . 0 0 (
g) assignment or transfer of special licence, mineral lease, special lease or non-mineral registration ............. $50.00 (
h) registration of any document affecting title of mineral right or non-mineral registration ...................... $10.00 (
i) search of any document relating to mineral right or non-mineral registration, per document ................... $30.00 (
j) copy of any licence, lease or non-mineral registration, or any paper affecting title ...................... $ 1 . 0 0 / p a g e (
k) i s s u a n c e o f p r o s p e c t o r ’ s i d e n t i f i c a t i o n c a r d ......................$10.00
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l) miscellaneous services not listed above .................... $100.00/hour Royalties 71 The following royalties are determined for the purposes of subsection 121(3) of the Act: Mineral Rate/Short Ton Rebate (
a) Anhydrite $0.12 ------ (
b) Barite $0.15 $0.05 per ton on all barite processed to the extent of pulverization to 200 mesh or finer (
c) Celestite 2% of the net value of concentrates produced 1% of the net value where concentrates are processed in the Province (
d) Coal $1.00 ------- (
e) Dolomite 2% of the net value at the mine, except where the end use is for agricultural purposes in the Province 1% of the net value where end use is in the Province (
f) Gold 1% of the net value received by the producer -------- (
g) Limestone 2% of the net value at the mine, except where the end use is for agricultural purposes in the Province 1% of the net value where the end use is in the Province (
h) Salt $0.20 -------- (
i) Silica $0.10 -------- (
j) Silver 1% of the net value received by the producer -------- General Restriction in designated areas 72
(1) For the purposes of subsection 21(1) of the Act, the Minister may direct that any lands within an area designated by the Minister are restricted from any or all prospecting, exploration, development or mining with respect to the minerals specified in the direction and for such time as the Minister may specify.
(2) A direction under subsection (1) must be given to the Registrar, who must then indicate on the appropriate claim reference maps that the area designated by the Minister is restricted from the activities specified by the Minister.
(3) A direction issued by the Minister under subsection (1) may be amended or rescinded in writing by the Minister. Access to municipal water supply watershed lands 73
(1) In this
Section
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Web version. (a) “municipal water supply watershed lands” m eans lands that are indicated on the claim reference maps of the Department as containing municipal water supply watersheds; (b) “regional exploration” means explorati on with no ground disturbance, and includes prospecting, geological mapping and geochemical and geophysical surveys, and for greater certainty does not include seismic surveys in which explosives are used; (c) “detailed ground exploration” means exploration with ground disturbance, and includes drilling, blasting, test pitting, trenching, underground excavation, bulk sampling, stripping, road construction and watercourse alteration.
(2) A person who conducts regional exploration in municipal water supply watershed lands must notify the Registrar of the dates that the exploration will begin and end prior to commencing exploration.
(3) No person is permitted to undertake detailed ground exploration in municipal water supply watershed lands without first obtaining all necessary approvals from the Department of Environment and Labour.
(4) The requirements of subsection (2) and (3) are in addition to any requirements established by the landowner or tenant or under a surface rights permit. Uranium encounters 74 Every person who identifies uranium mineralization must immediately (
a) notify the Registrar of the identification; (
b) cease work associated with prospecting, exploration and development if a uranium concentration greater than 100 ppm is encountered, except work required to determine if the concentration is representative of the average of the mineralized zones, and other work authorized by the Minister; (
c) cease all development work or mining operations if the average uranium concentration in an ore body, or in the aggregate of waste rock removed or that would be removed to develop or extract the ore body, is found to exceed 100 ppm; and (
d) if directed to do so by the Minister, restore a site or any part of a site where (
i) prospecting, exploration or mining has been undertaken by that person, and (ii) the concentration of uranium exceeds 100 ppm. Drilling program requirements 75
(1) In this Section, (a) “drilling program” means drilling activity conducted on a claim or group of claims during a period of time measured from when the drilling begins to the removal of the final drill machine, unless the time is extended by the Registrar for good cause shown; (b) “seal” means to close off all or any part of the length of a drillhole in a permanent manner to ensure the prevention of leakage by such appropriate methods and materials as are in common use by the diamond drilling industry.
(2) In respect of a drilling program, every licensee must, (
a) before beginning a drilling program, give the Registrar written notification in the form provided by the Department indicating the claim area, magnitude and
schedule of the proposed drilling program; and
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b) no later than 30 days after the date that the drilling program is completed, (
i) provide the Registrar with a tabulation of drillhole data including grid references, azimuths, dips, total depths, dates of commencement and completion of drilling and a drillhole location map cross-referenced to claim or licence boundaries, (ii) permanently seal each drillhole from a minimum depth of 3 m in competent bedrock back to the surface of the ground, (iii) 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, and (iv) remove all debris including abandoned r ods and casing from the area and leave the drill site with no casing or pipe protruding above the surface of the ground.
(3) Holes drilled for the sole purpose of sampling overburden or the overburden and bedrock interface are not required to be sealed in accordance with subclause (2)(b)(ii).
(4) Every drilling program must be conducted in compliance with all applicable laws.
(5) The Registrar may grant a single extension of time for a licensee to comply with subclause (2)(b)(i), if the licensee shows good cause, in writing, for the extension. Preservation of drill core and cuttings 76
(1) A holder of drill core must (
a) retain all drill core obtained for the purpose of mineral exploration in standard core boxes at the drill site or at a core storage facility; (
b) take precautions to secure the drill core against weather and vandalism; and (
c) notify the Registrar before removing the drill core from the Province.
(2) No person is permitted to discard, destroy or otherwise reduce the scientific value of drill core without first requesting and obtaining the permission of the Registrar to do so, unless the person is using the drill core for assaying, testing or beneficiation, or metallurgical, mineralogical or other scientific studies.
(3) No later than 30 days after the date that a request is received under subsection (2), the Registrar must (
a) provide permission in accordance with subsection (2); or (
b) direct an officer of the Department to ta ke possession of the drill core for the Province and take such other action as the Registrar considers necessary.
(4) Before drill core is received by the Department, the holder of the drill core must identify each box with a weatherproof label that indicates the drillhole number, core interval represented and the date and name of the company for which the drill core was obtained. Reclamation security 77
(1) If security for the purposes of reclamation is required under the Act, the security must be posted with the Registrar.
(2) The amount of the security referred to in subsection (1) must be determined by the Registrar on a site-specific basis and must include the estimated aggregate current cost for labour, equipment, supplies and services to conduct the following reclamation activities, as required:
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a) removing buildings and structures; (
b) removing or burying foundations; (
c) capping or filling pits, declines and shafts; (
d) stabilizing tailings disposal sit es and drainage containment facilities; (
e) surface contouring; (
f) establishing proper site drainage; (
g) re-vegetation work; and (
h) any work not referred to in clauses (
a) to (
g) that is necessary to reclaim an area disturbed by the lessee, registrant, holder of an excavation registration or holder of a letter of authorization, or an agent or assignee of the lessee, registrant, holder of an excavation registration or holder of a letter of authorization.
(3) The amount of the security determined under subsection (2) may be reviewed and adjusted by the Registrar every 2 years from the anniversary date of the security.
(4) Reclamation of an area must be completed (
a) no later than 12 months after the date that production ceases, or a longer period as may be determined by the Minister; or (
b) under an excavation registration or letter of au thorization, no later than 30 days after the date that the work plan is competed, or a longer period as may be determined by the Minister. Author’s qualifications 78
(1) Every report required to be made under the Act or regulations, except a statistical report, must be prepared by a geologist, a geophysicist, a geochemist, a mining or geological engineer, or a person with experience or qualifications acceptable to the Registrar.
(2) Every report must be submitted in duplicate with the author’s certificate attached, and both the report and certificate must be dated and signed.
(3) The author’s certificate referred to in subsection (2) must state (
a) the name, address and occupation of the author; (
b) the qualifications of the author, including the author’s work experience; (
c) whether the report is based on a personal examination by the author; (
d) the date of any examination; (
e) if the report is not based on a personal examination by the author, the source of the information contained in the report; and (
f) whether the author has, directly or indirec tly, received or expects to receive any interest, direct or indirect, in the property of the company for which the report was made or any affiliate, or beneficially owns, directly or indirectly, any securities of the company or any affiliate and, if so, must give particulars.
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(4) All engineering work and every report with engineering content must be performed or prepared by a person licensed to practise professional engineering in the Province in compliance with the Engineering Profession Act including
Section 20 of that Act, which makes it an offence for a non-member or an unlicensed person to practise professional engineering. Requirement to mine within limit 79 Without the approval of the Registrar, no lessee or registrant is permitted to mine within the following distances of the boundary line of a lease or non-mineral registration area: (
a) on land areas, within 10 m; and (
b) on submarine areas, within 25 m. Information required regarding mine closure 80
(1) The
summary report to be filed no later than 1 month before the intended permanent closure of a mine under subsection 99(6) of the Act must contain (
a) the name and head office address and a list of senior company staff of the lessee or registrant; (
b) a brief description of the reasons for the closure of the mine; (
c) maps, drawings and reports that include (
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 recen tly prepared geological and engineering drawings and a description of roof support, and (vi) a map showing the location of all drillholes, 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 and investigations carried out in the previous 12 months; and (
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- operational monitoring.
(2) Within 1 month after the date of the permanent closure of a mine, a person who filed a report referred to in subsection (1) must file a supplementary
summary report that contains
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a) engineering drawings of the mine workings at the time of closure on a scale of not less than 1:1200; and (
b) production statistics from the date of the last report filed with the Department to the date of the closure. Required statistical reports 81 Statistical reports required by
Section 42 of the Act may be obtained by the Registrar for the purpose of (
a) providing data for surveys or censuses that ar e administered jointly or solely by Natural Resources Canada, Statistics Canada or the Department; or (
b) compiling national or Provincial totals of activities, costs and production with respect to exploration, development and exploitation of minerals. 82
(1) Statistical reports required by
Section 42 of the Act must include (
a) a list of costs and other quantitative measures of exploration and development work including drilling, excavations and employment; (
b) a list of costs of capital construction, machinery and equipment; (
c) a list of repair costs; (
d) a list of the amount and value of the producti on and disposal of substances mined and related by-products and waste products; and (
e) a list of the amount and value of materials used in, and other expenses associated with, production, processing and manufacturing, and other information as may be required by the Registrar.
(2) Statistical reports required by
Section 42 of the Act must be (
a) in the form provided by the Registrar; and (
b) submitted at the times specified on the forms, or as may be required by the Registrar. Appeals from an officer’s decision 83
(1) An appeal under
Section 169 of the Act from a decision of an officer must be commenced by a notice of appeal in Form 19.
(2) Except for a notice of appeal under subsection 153(1) of the Act, a notice of appeal must be filed with the Minister within 30 days of 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.
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Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 493 Form 1 - Notice of Transfer (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 86)
Part 1 Notice is hereby given that _____________________ of ___________________ (or _____________________, a body corporate duly incorporated under the laws of ____________________________ with head office at ______________________) (hereinafter called the Transferor) has, subject to compliance with
Section 85 of the Mineral Resources Act, sold, transferred, assigned or disposed of the mineral right or non-mineral registration, or interest in a mineral right or non-mineral registration, described below to __________________ of _________________________ (or __________________, a body corporate duly in corporated under the laws of _______________________ with head office at _____________________) (her einafter called the Transferee): Signed on _______________________, _______.
Witness Transferor Affidavit of Execution (Witness) I, ____________________ of the ___________________ of _______________ in the ____________________ of _________________________, make oath and say: 1. I was personally present and saw the Notice of Tran sfer in
Part 1 duly signed, sealed and executed by ________________________, the Transferor. 2. I am a subscribing witness to the Notice of Transfer in
Part 1. Sworn or affirmed before me in the ___________ of ______________ in the Province of __________________ on ____________________, _____ A Commissioner of Oaths, Barrister, etc. Witness
Part 2 The Transferee hereby acknowledges the transaction referred to in
Part 1. Signed on _______________________, _______. Witness Transferee Affidavit of Execution (Witness) I, of the ________________________ of _______________________ in the ___________________ of ____________________, make oath and say:
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Part II - Regulations Vol. 28, No. 24 494 © NS Registry of Regulations. Web version. 1. I was personally present and saw the Acknowledgement in
Part 2 duly signed, sealed and executed by ________________, the Transferee. 2. I am a subscribing witness to the Acknowledgement in
Part 2. Sworn or affirmed before me in the ___________ of _______________ in the Province of ___________________ on ___________________, _____ A Commissioner of Oaths, Barrister, etc. Witness
Part 3 I, _______________________, Minister of Natural Resources/Registrar, hereby consent to the transfer referred to in
Part 1. Signed on _______________________, _______. Witness Minister/Registrar
Part 4 Recorded at the office of the Registrar on ___________________, _______, at ______ a.m./p.m. as instrument _________________, page number ____. Registrar For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068. No. ________________ Form 2 -
Summary of Agreement (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 87) Mineral Right/ Exploration Licence No. Non-Mineral Mineral Lease No./Non-Mineral Registration No. Registration Claim Reference Map(
s) Type of agreement Option, debenture, assignment, transfer, etc. Between Name and address of Mineral Right Holder/Non-Mineral Registrant: Name and address of other parties to agreement:
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Summary of Describe the general terms and conditions of the agreement, including term of agreement agreement and
schedule of work Describe the circumstances under which the mineral right/non-mineral registration may be transferred or assigned Confidential Is this
summary to be marked “confidential” Yes or No (please circle) Note: A
summary that has been marked “confidential” must be held in confidence by the Registrar. Agreement Expiry Date Signature of Mineral Right Holder/Non-Mineral Registrant Printed name Position/occupation Dated: ____________________ , ______ ____________________, Nova Scotia For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068. No. ________________ Form 3 - Caveat (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 88(4)) This caveat filed on __________________, ______ is made pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18 (“the Act”), s. 88(4).
Take notice that ___________________________________ (name of Mineral Right Holder/Non-Mineral Registrant) is deemed to be holder of ________________________________________ (describe the mineral right or non-mineral registration) pursuant to subsection 88(1) of the Act; And take notice that ______________________________ (name of Mineral Right Holder/Non-Mineral Registrant) holds __________________________________________ (insert type of right) in trust for: 1. of in the County of Province of . 2. of in the County of Province of . 3. of in the County of Province of .
And further take notice that more details of the trust may be obtained by contacting
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Part II - Regulations Vol. 28, No. 24 496 © NS Registry of Regulations. Web version. Address Submitted by Signature (Please print name) Address Telephone number (______) _________________ For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
Application No. ________________ Card No. ________________ Cash Receipt No. ________________ Form 4 - Application to Register as Prospector (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 21(3)(b)) I wish to have my name (or name of the following corporation) added to the list of Prospectors of Nova Scotia: Name: Address: Postal code: Age (or date of incorporation): Telephone number: I enclose the application fee in the amount of $ . Dated at ____________, Nova Scotia, _____________________, ______.
Signature (if applicant is a corporation, state office held by person signing) For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068. Form 5 - Prospector’s Identification Card (pursuant to the Mineral Resources Regulations, s. 22(4)) No. __________________________ The holder of this card, ____________________________, is registered as a prospector pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, and by signing below acknowledges receipt of a copy of the Act and regulations.
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Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 497 Dated _______________________, ________ Signature of Prospector Notice The holder of this card is required to observe all the conditions of the Mineral Resources Act and Mineral Resources Regulations. A prospector may not enter upon land or prospect without first obtaining the permission of the landowner or tenant. For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
Form 6 - Application for Exploration Licence or Renewal of Exploration Licence (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 24(2) & 44(1)(a)) Application is hereby made for an Exploration Licence under the Mineral Resources Act for all minerals saving and excepting _________________________ over an area of ground situated at or near ___________ in the County of _________________________ and described as follows: Claim Tract(
s) Claim Reference Map Signed at ________________________ Date ________________ Signature of applicant ( Please print name) Occupation Address Postal code Tel. no. _______________________ Licence to be issued to Address Postal code Note: If the intended licensee is not a resident of Nova Scotia, the name and post office address of a person resident in Nova Scotia who has agreed to accept service on behalf of the applicant must be given as follows: Service may be made upon _____________________, who resides at __________________, telephone no. ( ) _________________.
A licence issued pursuant to this application is subject to the Mineral Resources Act and regulations, in particular the following Sections of the Act: s. 16, s. 39, s. 40, s. 55A, s. 84, s. 85, s. 86, s. 87, s. 88. For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
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Part II - Regulations Vol. 28, No. 24 498 © NS Registry of Regulations. Web version. For Office Use Only: Applica- tion No. Re- group Renewal E.L. No. No. clms Credit before New work Total $ Req’d $ Credit balance PILW Year issue Anniver- sary date Comp Received __________________, __________ Application No. at ___________________________ a.m./p.m. Licence No. Received Plotted Recorded Amount of app. fees $ { } { } { } Receipt no. Name & address Comments: Registry Staff Year of issue Reissue of EL No. Payment in lieu of work $ Receipt No.
Refund particulars Registrar Accepted [ ] Rejected [ ] , Deputy Minister Map Cards _______ Review _______ Parks _______ Chrono/Lic/Stat _______ Eco Sites _______ Final Lic/MC _______ Cons. Sites _______ Mailed _______ Appn. Entry _______ Lic./Ref. Entry _______ Appn. Entry _______ Lic./Ref. Entry _______ Map C. Entry _______
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Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 499 Form 7 - Mineral Rights Holders Information (pursuant to Mineral Resources Act, S.N.S. 1990, c. 18, s. 25) In accordance with the Mineral Resources Act, S.N.S. 1990, c. 18, s. 25, please be advised that the following documentation is required to be filed at the office of the Registrar on or before 4:00 p.m. on ___________, ___. Complete applicable section. A. If an individual or sole proprietorship 1. Name: 2. Address: 3. Address outside Nova Scotia: 4.
Name and address of agent resident in Nova Scotia (for non-resident licensees): B. If a partnership or syndicate 1. Name _______________________________________________________ 2. A Partnership/Syndicate (please circle one) 3.
Partners or syndicate members residing in Nova Scotia: Name Address _______________ ___________________________________________ _______________ ___________________________________________ _______________ ___________________________________________ _______________ ___________________________________________ _______________ ___________________________________________ _______________ ___________________________________________ _______________ ___________________________________________ _______________ ___________________________________________ 4.
Partners or syndicate members not residing in Nova Scotia: Name Address ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ 5.
Name and address of agent resident in Nova Scotia (for non-resident licensees): _______________________________________________________________ 6. Attach copy of the certificate of partnership or syndicate registration or other registration confirming corporate registration for Nova Scotia. C. If a body corporate 1. Name: Address: 2. Name and address of President: Name and address of Secretary: Name and address of other officers and directors: 3. Mode of incorporation:
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Part II - Regulations Vol. 28, No. 24 500 © NS Registry of Regulations. Web version. 4. Date of incorporation: 5. Attach a copy of the certificate of incorporation or registration. 6. Location of head office: 7. Name and address of agent resident in Nova Scotia: 8. Principal office of the corporation in Nova Scotia: 9. Other information as required by the Registrar: I certify the above information to be true and correct. Dated _________________, ______ Signature (Please print name) Position or office For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
No. ______________ Form 8 - Exploration Licence (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 35) This Exploration Licence is hereby granted to _________________________________ of ___________________ in the Province of ______________________ to ex ercise the right to search and prospect for all minerals saving and excepting _________________________________________________ __________________________________, to extract minerals for test purposes and to apply for a mineral lease for all or part of the area held under this exploration licence, for a period not exceeding 12 months from the date hereof, within that area of ground situated at or near ___________________ in the County of _________________ as described as follows: This Exploration Licence is granted subject to: (
a) the rights of the owner or tenant of the land covered by this Licence; (
b) the provisions of the Mineral Resources Act and regulations, and of any Act or regulations that amend or replace them; and (
c) any order of the Governor in Council made upon the report and recommendation of the Minister of Natural Resources in respect of any works or rights authorized by this Exploration Licence.
In witness whereof this Exploration Licence is duly executed in the name of the Registrar of Mineral and Petroleum Titles on __________________, ______ at Halifax in the County of Halifax. Signed, sealed and delivered in the presence of Witness Registrar of Mineral and Petroleum Titles
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Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 501 Certificate No. ________________ Form 9 - Certificate of Compliance (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 49) This certificate is issued to _____________________________, holder of Exploration Licence No. ___________________ dated _________________, _______ to acknowledge that work requirements have been met and/or payment of fees in lieu thereof has been made. Accordingly Licence No. ____________________ is issued for _____________ year(
s) commencing 20___. Work submitted $ Work required $ Credits available $ Credits remaining $ Total available $ Payment made in lieu of work $ Remarks Registrar Date ___________________, ________ Map ________________ Refs.________________ Form 10 - Statement of Assessment Work Expenditure (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 43(1)) (Complete as necessary to substantiate the total claimed.) Re: Licence No. ____________________ Date of issue _________________, ________ Type of Work Amount Spent 1. Prospecting days 2. Geological mapping days 3. Trenching/stripping/refilling m 2 / m3 4. Assaying & whole rock analysis # 5. Other laboratory # 6. Grid: (
a) Line cutting km (
b) Picket setting km (
c) Flagging km 7. Geophysical surveys Airborne: (
a) EM/VLF km (
b) Mag or Grad km (
c) Radiometric km (
d) Combination km (
e) Other _________________ km
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Part II - Regulations Vol. 28, No. 24 502 © NS Registry of Regulations. Web version. 8. Geophysical surveys Ground: (
a) EM/VLF km (
b) Seismic soundings # (
c) Magnetic/telluric km (
d) IP/resistivity km (
e) Gravity km (
f) Other ___________________ km 9. Geochemical surveys (
a) Lake, stream, spring (
i) Water samples (ii) Sediments samples (b) (
i) Rock samples (ii) Core samples (iii) Chips samples (c) (
i) Soil samples (ii) Overburden samples (
d) Gas samples (
e) Biogeochemistry samples (
f) Sample collection days (
g) Other ______________________ 10. Drilling: (
a) Diamond (# holes/m) / m (
b) Percussion (# holes/m) / m (
c) Rotary (# holes/m) / m (
d) Auger (# holes/m) / m (
e) Reverse circulation (# holes/m) / m (
f) Logging, supervision, etc. / days (
g) Sealing (# holes) / 11. Other (describe) ____________________ Subtotal Overhead costs 12. Secretarial services 13. Drafting services 14. Office expenses (rent, heat, light, etc.) 15. Field supplies 16. Compensation paid to landowners 17. Legal fees 18. Other (describe) Subtotal Grand total List the names of the persons who conducted the work reported in the previous table and the dates during which the work was performed. Name Address Dates Worked
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Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 503 I hereby certify that the information in this form is true and correct, that it has not before been submitted for assessment work credit and that it is the total of all work conducted on the licence during the past licensed year. As ____________________________ I am duly authorized to make this certification. (position in company or licensee) Dated at ________________ in the Province of __________________ on _________________, ______.
Name and address of licensee: ____________________________________________________________ _____________________________________________________________________________________ Signature ________________________________ For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
Form 11 - Prospector’s Statement (pursuant to the Mineral Resources Regulations, s. 41) Re: Exploration Licence No. _______________ (if applicable) Date first issued ____________________ Property location: County: Have you filed a Prospector’s Statement regarding this property before? ( ) No ( ) Yes - provide dates (month/year): ______________________ (Note: only new information is acceptable for work credits.) Claims Tract Claim Ref Map Claims Tract Claim Ref Map
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Part II - Regulations Vol. 28, No. 24 504 © NS Registry of Regulations. Web version. 1. Did you search the property for outcrop ( ), float ( ) or both ( )? 2. Was your search carried out: (
a) Along roads or streams? ( ) No ( ) Yes - identify these features on your map(s). (
b) On control or traverse lines? ( ) No ( ) Yes - indicate if blazed ( ), flagged ( ), or unmarked ( ) and how established (compass, chain, pace, etc.) _______________ and show the approximate location of the lines on your map(s). 3. Are your compass bearings magnetic ( ) or true astronomic ( )? 4. Did you carry out any trenching/pitting? ( ) No ( ) Yes stripping? ( ) No ( ) Yes drilling? ( ) No ( ) Yes If yes, show the location of these workings on your map(
s) and indicate their dimensions. Briefly state your reason for locating these workings where you did. Excavation Registration No. ________________________ 5. Did you locate any previously existing shafts or adits? ( ) No ( ) Yes drillhole sites? ( ) No ( ) Yes If yes, indicate these on your map(s). 6. Record the types of the rocks you observed: (
a) in outcrop: (
b) in float: 7. Did you measure the strike/trend and dip of: (
a) the rocks in place? ( ) No ( ) Yes (
b) any observed veins? ( ) No ( ) Yes If yes to either, plot these observations on your map(s). 8. Did you observe any mineralization on the property? ( ) No ( ) Yes If yes, list the minerals observed , mark the locations and type on your map(
s) with symbols (Py, Au, etc.) and indicate the character and width of observed veins, e.g. “Quartz (Q)/3.3 ft. (or 1.0 m)”. 9. Did you sample any: (
a) overburden? (
i) soil ( ) No ( ) Yes (ii) till ( ) No ( ) Yes (
b) panning concentrate? ( ) No ( ) Yes (
c) mine workings? ( ) No ( ) Yes (
d) outcrop or float? ( ) No ( ) Yes (
e) dumps/tailings? ( ) No ( ) Yes (
f) drill core/cuttings? ( ) No ( ) Yes
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Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 505 10. Did you have any samples analysed? ( ) No ( ) Yes If yes, indicate the nature (grab or chip, etc.) and width (ft. or
m) of the sample, plot the result on your map(
s) and attach original assay sheet(
s) from the laboratory. If no, explain why not 11. Record any other observations that you consider significant (here or upon your map(s): The total cost of the work reported by this statement is $______________ (ref. Statement of Assessment Work Expenditures filed separately) I hereby certify that the information recorded on this form and on the attached map(
s) is, to the best of my knowledge, true and correct and is a description of all work conducted on the licence during the past licensed year. Dated at ___________________ on ___________________, _____ Signature of Licensee For Department Use Only Received Accepted Conf. to Rejected Files Returned Exp. Mon Recorded D/Base For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
Registration No. __________________ Form 12 - Excavation Registration (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 101) This is to certify that: __________________________________ (licensee/lessee), being the registered holder of Licence/Mineral Lease No.(s) ________________________ intends to conduct the following, subject to the conditions listed at the end of this form: Total m3 ( ) trenching, pitting over 1.2 m deep ( ) trenching, pitting or stripping by mechanical means Underground Exploration Number of Headings Total Depth/Length (metres) ( ) by shaft sinking
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Part II - Regulations Vol. 28, No. 24 506 © NS Registry of Regulations. Web version. ( ) by driving adits, drifts, or raises ( ) by reopening previous worki ngs identified as __________________________ incorporating ( ) dewatering ( ) rehabilitation. ( ) by bulk sampling not more than _________ tonnes (maximum is 100 tonnes of mineral-bearing material) at the following location(s): Claim Tract(
s) Claim Ref. Map in the vicinity of __________________ in ___________________ County, on lands owned by or subject to a surface lease held by: 1. 2. If work not conducted by licensee: the work will be conducted by _________________________ whose field representative is ____________, who may be contacted at ___________, telephone number ( ) __________.
Not Valid Unless Signed Below Date work is scheduled to commence Date work is scheduled to be completed Date reclamation to be completed I hereby certify that the information provided by me on this form is absolutely true and correct and I agree to be bound by the conditions contained on the reverse.
Mineral right holder/Authorized agent For Department Use Only DOL ( ) Landowner or tenant written permission ( ) DOE ( ) Crown Lands Act ( ) Regional Geologist ( ) Special Places Protection Act ( ) For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068 (Reverse of Form 12) Conditions of the Excavation Registration 1. An excavation registration is required for (
a) all trenching or pitting to depths in excess of 1.2 m;
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Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 507 (
b) all trenching, pitting or stripping by mechanical means; (
c) underground exploration including shaft sinking, drivi ng of adits, declines, drifts, levels, cross cuts, raises or winzes or the reopening, rehabitation or dewatering of any such workings; (
d) bulk sampling for the removal of less than 100 tonnes of mineral-bearing material, including tailings. 2. A person submitting an excavati on registration is required to (
a) complete and submit this registra tion 7 days before beginning activity; (
b) attach a sketch map(
s) on a practical scale showi ng the extent of the proposed work and sufficient topographic detail to permit the work to be easily located; (
c) post a reclamation bond in a form and amount satisf actory to the Minister as required by
Section 97 of the Mineral Resources Act; (
d) provide a statement confirming the consent or agreement of the owner or tenant of the land; (
e) submit this form to the Registrar at: 1701 Hollis Street OR P.O. Box 698 Halifax, Nova Scotia Halifax, Nova Scotia (902) 424-4068 B3J 2T9 3. Persons conducting work under an excavation registration must refill each excavation no later than 30 days after the date that the work program is completed or such longer time as may be determined by the Registrar. The refilling of excavations may be waived only if the Registrar has accepted a written request from the landowner or tenant for the trench, pit or stripped area to be left open. 4. Royalties must be paid if any product derived from a bulk sample is sold. 5.
The Registrar may refuse to record an excavation regist ration if the information on this form is incomplete, and the Registrar must inform the applicant of this refusal. 6. The recording of an excavation registration does not absolve the licensee of the responsibilities under all other applicable statutes and regulations including but not limited to the Occupational Health and Safety Act and regulations, the Environment Act and regulations and any amendments. 7. There shall be no misrepresentation of fact and in formation provided on this form by the mineral right holder or their authorized agent. 8.
The completion of scheduled work or the striking of this registration from the Registrar’s records does not relieve the holder of any obligations contained in these conditions. Appl. No. ______________ Letter of Authorization No. ______________ Form 13 - (Application For) Letter of Authorization (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 102) Application is hereby made by the registered holder of Licence No.(s) _______________________ for a Letter of Authorization in accordance with
Section 102 of the Mineral Resources Act for the right to conduct bulk sampling for the purpose of extracting 100 tonnes or more of mineral bearing material ( ) at surface, of not more than ______________________ tonnes ( ) underground, of not more than ________________________ tonnes at the following location(s): Claim Tract(
s) Claim Reference Map
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Part II - Regulations Vol. 28, No. 24 508 © NS Registry of Regulations. Web version. in the vicinity of ____________________________________ in ___________________ County, on lands owned or subject to surface lease held by: 1. 2. If work not conducted by licensee: the work will be conducted by __________________________, whose field representative is ______________, who may be contacted at ______________, telephone ( ) __________.
Not Valid Unless Signed Below I hereby certify that the information provided by Letter of Authorization issue date me on this form is absolutely true and correct and Letter of Authorization expiry date agree to be bound by the conditions contained (or upon the termination of the Licences on the reverse. whichever occurs first) Date reclamation to be completed Mineral right holder/Authorized agent Registrar of Mineral and Petroleum Titles For Department Use Only DOL ( ) Landowner or tenant written permission ( ) DOE ( ) Crown Lands Act ( ) Regional Geologist ( ) Special Places Protection Act ( ) For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068. (Reverse of Form 13) Conditions of the Letter of Authorization 1.
A letter of authorization is required for all bulk sampling for the purpose of extracting 100 tonnes or more of mineral-bearing material. 2. A person applying for a letter of authorization is required to: (
a) complete this application; (
b) submit the information required by
Section 53 of the Mineral Resources Regulations, including a statement confirming the consent or agreement of the owner or tenant of the land; (
c) post a reclamation bond in a form and amount satis factory to the Minister as required by subsections 97(1) and 102(3) of the Mineral Resources Act; (
d) submit this form to the Registrar at 1701 Hollis Street OR P.O. Box 698 Halifax, Nova Scotia Halifax, Nova Scotia (902) 424-4068 B3J 2T9
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Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 509 3. Persons conducting work under a letter of authorization must refill each excavation no later than 30 days after the date that the work program is completed or such longer time as may be determined by the Registrar. The refilling of excavations may be waived only if the Registrar has accepted a written request from the landowner or tenant for the trench, pit or stripped area to be left open. 4. Royalties must be paid if any product derived from a bulk sample is sold. 5.
The issuance of a letter of authorization does not absolve the licensee of the responsibilities under all other applicable statutes and regulations including, but not limited to, the Occupational Health and Safety Act and regulations, the Environment Act and regulations and any amendments. 6. There shall be no misrepresentation of fact and in formation provided on this form by the mineral right holder or their authorized agent. 7. The expiry, revocation or forfeiture of this letter of authorization does not relieve the holder of any of the obligations contained in these conditions.
Form 14 - Application for Lease (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 56) Application is hereby made for a Lease for all minerals saving and excepting _____________________________, in or upon that certain area situated at or near __________________ in the County of ___________________ contained within the area described as follows: Claim Tract(
s) Claim Reference Map Applicant name Address Registered office address (if applicable): which is the holder of Licence No.(s) ___________ dated __________________, ______. Dated at ___________________ in the County of __________________ on _________________, _____. Applicant/Agent name Phone no.
Signature of applicant/agent per: Note: If the applicant is not a resident of Nova Sco tia, the name and post office address of a person resident in Nova Scotia who has agreed to accept service on behalf of the applicant must be given as follows: Service may be made upon ____________________________, who resides at __________________________, telephone no. ( ) _________________. This application must be accompanied by information required under
Section 56 of the Mineral Resources Act and Sections 59, 60 and 61 of the Mineral Resources Regulations. For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
N.S. Reg. 222/2004 Royal Gazette
Part II - Regulations Vol. 28, No. 24 510 © NS Registry of Regulations. Web version.
Lease No. ________________ Form 15 - Lease (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 58) This Mineral Lease issued _____________________, _______ BY: HER MAJESTY THE QUEEN, in right of the PROVINCE OF NOVA SCOTIA, represented by the Minister of Natural Resources (hereinafter called the “Lessor”) TO: ________________________, a body corporate with registered office at in the Province of (hereinafter called the “Lessee”) Subject to the payment of the rents and royalties herein reserved and compliance with the terms of this Lease, the Lessor hereby grants unto the Lessee, subject to the provisions of this Lease and the Mineral Resources Act, exclusive rights to all minerals saving and excepting _____________________, on the following claims in that certain area situated at or near ______________________ in the County of __________________, as outlined on the attached plan as shown in
Schedule A and described as follows: Claim Tract(
s) Claim Reference Map and which are also shown on the maps in the files of the Registrar, Department of Natural Resources, at Halifax, Nova Scotia and which comprise ____________ hectares more or less. 1. In this Lease, “Act” means the Mineral Resources Act and Mineral Resources Regulations as amended, or replacements thereof, and except where the context otherwise requires, words in this Lease have the same meaning as in the Act. 2. The term of this Lease is 20 years beginning on the date this lease is issued, subject to compliance with the Act. 3.
This Lease shall be renewed for a further 20 years upon application to the Minister within the 6 months immediately preceding the date of expiration of this Lease, provided that the Lessee is bona fide working the Lease and is in compliance with the Act and the provisions of this Lease. 4. The Lessee shall not enter upon or conduct any surf ace excavation, surface mining or other surface work upon any lands until the Lessee has obtained the consent of the landowner or tenant or a surface rights permit to enter upon or conduct the work. 5. The Lessee shall pay a yearly rental to the Registrar, as prescribed in
Section 70 of the Mineral Resources Regulations, for each claim included under this Lease. The rental fee is payable yearly in advance, the first payment to be made on _____________________ after the date of this Lease, and thereafter on ______________________ in each year. 6. The Lessee shall pay a royalty to the Mine Assessor, as prescribed in
Section 121 of the Act or
Section 71 of the Mineral Resources Regulations, or at such other rate as shall from time to time be imposed by the Order of the Governor in Council.
N.S. Reg. 222/2004 Royal Gazette
Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 511 7. The Lessee shall maintain a security for the perfo rmance of the proposed reclamation program in an amount and form prescribed in
Section 77 of the Mineral Resources Regulations. 8. The Lessee shall file an annual report on mining operati ons in Form 16 on or before March 1 of each year of this Lease specifying all work performed on the area covered by this Lease during the previous calendar year. 9. The Lessee shall indemnify and save harmless th e Lessor from any and all claims, demands, losses, damages, actions or other suits that may hereafter arise out of, or as a result of, any exploration, mining, milling or any other act or omission. 10.
Unless this Lease is renewed pursuant to the Act, all rights under this Lease absolutely revert to the Lessor upon the surrender, abandonment, expiration or termination of this Lease for any reason whatsoever. 11. This Lease cannot be assigned or transferred in w hole or part by the Lessee without the prior written consent of the Minister of Natural Resources. 12.
Any notice pursuant to this Lease is valid if given in accordance with Sections 15 of the Mineral Resources Regulations, and addressed to the Lessee at _________________ Attention: ______________________, and to the Lessor at the Department of Natural Resources, P.O. Box 698, Halifax, Nova Scotia, B3J 2T9, Attention: The Minister of Natural Resources. 13. The Lessee shall be registered to do business in Nova Scotia and must maintain the registration in good standing during the term of this Lease. 14.
The provisions of this Lease are binding upon and enure to the benefit of the Lessee, its successors and permitted assigns, and will remain in full force until such time as the Lessee has fulfilled its obligations created under this Lease. 15. The Lessee shall provide the Registrar with written notification (
a) whenever it is anticipated that production will be suspended for longer than 60 days; (
b) immediately following a production suspension of longer than 60 days; (
c) whenever it is anticipated that the Lessee will resume production. 16. The Lessee shall provide the Minister with 6 months notice in writing of the Lessee’s intent to permanently terminate mining operations. If the Lessee is required, through no fault of the Lessee, to suddenly and permanently terminate mining operations, the Lessee, the legal representative of the Lessee or any creditor of the Lessee must immediately notify the Minister. 17.
The Lessee shall hold and maintain in good standing all approvals required by the Nova Scotia Department of Environment and Labour and all permits required under all other applicable legislation. 18. Time is of the essence in this Lease. 19. If there is any inconsistency between any provisions of the Act and this Lease, the Act prevails over this Lease to the extent of the inconsistency. Executed in the name of the Minister of Natural Resources on ___________________, _______, at Halifax, in the County of Halifax. In the presence of Witness Minister of Natural Resources (Seal)
N.S. Reg. 222/2004 Royal Gazette
Part II - Regulations Vol. 28, No. 24 512 © NS Registry of Regulations. Web version. Witness Lessee Form 16 - Annual Report on Mining Operations (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 61 and 94(1)(d)) All mineral, gypsum or non-crown limestone producers operating under a Lease or Non-Mineral Registration in the Province of Nova Scotia are required to submit annual information using the format outlined in this form in accordance with
Section 61 and clause 94(1)(
d) of the Mineral Resources Act, S.N.S. 1990, c. 18. For the calendar year ___________________ Note: Resource/reserve information is required only for reports on Leases. A. Mine name: Mine location: County: Mineral Lease No. Non-Mineral Registration No.
Company and address: Type of mine: surface ( ) _______________________________ underground ( ) _______________________________ _______________________________ Commodity produced: _______________________________ _______________________________________ Telephone: _____________________ Comp any officials: Fax: ___________________________ Name Position ___________________ ________________ Parent company and address: ___________________ ________________ ______________________________ ___________________ ________________ ______________________________ ___________________ ________________ ______________________________ ______________________________ Senior operating staff: Name Position ___________________ ______________ Telephone: _____________________ ___________________ ______________ Fax: __________________________ ___________________ ______________ ___________________ ______________ B.
Names of contractors employed during the year: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ (attach separate sheet if necessary) C.
(1) Drawings containing the following information at an appropriate scale in hard copy and where available, digital (AutoCAD or DXF) format and including coordinate references (grid lines) based on latitude and longitude (either 6 / or 3/): (
a) general map showing the outline of the exis ting mine workings relative to major surface features (roads, railroads, topography), surface facilities, watercourses and diversions, settling and treatment ponds, ore and waste storage areas, mineral lease boundaries and property boundaries; (
b) plans showing reserve areas that were extracted during the preceding year. (All areas where ore or waste were mined during reporting period must be clearly identified);
N.S. Reg. 222/2004 Royal Gazette
Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 513 (
c) plans clearly identifying the areas where recl amation work was conducted during the preceding year; (
d) location of any diamond drillholes or other expl oration/development work performed within the mineral lease boundaries during the reporting period; (
e) geological plans and cross-sections showing the geology of the resource areas extracted during the reporting period and any new and additional geological plans or cross-sections developed during the reporting period within the mineral lease boundaries; (
f) plans clearly identifying any changes to surface rights ownership and boundaries; and (
g) in addition to actual work performed for the reporting period, a plan clearly identifying the development work and waste/ore production intended for the coming year. C.
(2) In addition to drawings submitted, a
summary report describing annual activities and significant events affecting the resource must be submitted and must include: (
a) a
summary of the resources and reserves; (
b) changes to the method of working or area of working as outlined in the submitted plans, and a discussion of any exploration programs or mining conditions which led to changes in the ore reserves; (
c) changes to the final reclamation design envisaged for the property; (
d) quantity and analyses of the ore mined; (
e) the source or sources of the ore processed; (
f) the quantity and analyses of the ore processed; (
g) the quantity and analyses of ____________ recovered; (
h) the amounts of ______________ shipped and their destinations; and (
i) the quantity and analyses of tailings and other waste products discharged from the mill. RETURN COMPLETED BY _________________________ Signature _________________________ Please print name Date_____________________, _______ _________________________ Title For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
Application No. _______________ Form 17 - Application for Non-Mineral Registration (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 90) Application is hereby made for aNon-Mineral Registration for _______________________ in or upon that certain area situated at or near ________________ in the County of ___________________ contained within the area described as follows:
N.S. Reg. 222/2004 Royal Gazette
Part II - Regulations Vol. 28, No. 24 514 © NS Registry of Regulations. Web version. Claim Tract(
s) Claim Reference Map Applicant name Address Registered office address (if applicable): Dated at ___________________ in the County of __________________ on _________________, _____. Applicant/Agent name Phone no. Signature of applicant/agent per: Note: If the applicant is not a resident of Nova Sco tia, the name and post office address of a person resident in Nova Scotia who has agreed to accept service on behalf of the applicant must be given as follows: Service may be made upon ____________________________, who resides at ___________________________, telephone no. ( ) _________________.
This application must be accompanied by information required under subsection 90(2) of the Mineral Resources Act and Sections 65 and 66 of the Mineral Resources Regulations. For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
Application No. ________________ Non-Mineral Registration No. ______________ Form 18 - Non-Mineral Registration (pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 90(2)) This Non-Mineral Registration is issued pursuant to subsection 90(2) of the Mineral Resources Act, and grants to ____________________________, hereinafter called “Registrant”, of , the right to carry out production of _______________________________, in or upon th at certain area situated at or near _____________________ in the County of _____________________ as described as follows: Claim Tract(
s) Claim Reference Map
N.S. Reg. 222/2004 Royal Gazette
Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 515 and outlined on
Schedule “A” attached to and forming part of this Non-Mineral Registration, hereinafter referred to as “the lands”. 1. In this Non-Mineral Registration, “Act” means the Mineral Resources Act and regulations as amended, or replacements thereof, and except where the context otherwise requires, words in this Non-Mineral Registration have the same meaning as in the Act. 2. The Registrant must comply with the Act, and mu st, during the term of this Non-Mineral Registration, work any mine upon the lands in a prudent and efficient manner. 3.
The holder of a Non-Mineral Registration for gypsum must pay to the Minister any tax that is due and payable as prescribed by or under the Gypsum Mining Income Tax Act. 4. The Registrant must file an annual report on mini ng operations in Form 16 on or before March 1 in each year of this Non-Mineral Registration specifying all work performed on the area covered by this Non- Mineral Registration during the previous calendar year. 5.
The Registrant must indemnify and save harmless the Province from any and all claims, demands, losses, damages, actions or other suits that may hereafter arise out of, or as a result of, any exploration, mining, milling or any other act or omission. 6. The Registrant must not assign, transfer, sublet or in any way divest itself of this Non-Mineral Registration, in whole or in part, without the prior written consent of the Minister of Natural Resources. 7.
Any notice given pursuant to this Non-Mineral Regist ration is valid if given in accordance with Sections 15. 16 and 17 of the Mineral Resources Regulations, by registered mail, postage pre-paid, and addressed to the Registrant at ________________________, Attention: _________________, a nd to the Department of Natural Resources, P.O. Box 698, Halifax, Nova Scotia, B3J 2T9, Attention: The Registrar. 8. The Registrant must be registered to do business in Nova Scotia and must maintain the registration in good standing during the term of this Non-Mineral Registration. 9.
The provisions of this Non-Mineral Registration are binding on the Registrant and its successors and permitted assigns. 10. The Registrant shall provide the Registrar with written notification (
a) whenever it is anticipated that production will be suspended for longer than 60 days; (
b) immediately following a production suspension of longer than 60 days; (
c) whenever the Registrant intends to resume production. 11. The Registrant must hold and maintain in good st anding all approvals required by the Nova Scotia Department of Environment and Labour and all permits required under all other applicable legislation. 12. Time is of the essence in this Non-Mineral Registration. 13. If there is any inconsistency between any provisions of the Act and this Non-Mineral Registration, the Act prevails over this Non-Mineral Registration to the extent of the inconsistency. Executed in the name of the Minister of Natural Resources on ___________________, _______, at Halifax, in the County of Halifax.
N.S. Reg. 222/2004 - 223/2004 Royal Gazette
Part II - Regulations Vol. 28, No. 24 516 © NS Registry of Regulations. Web version. In the presence of Witness Minister of Natural Resources Witness Registrant Form 19 - Notice of Appeal (pursuant to the Mineral Resources Act, S.N.S. 1990, c.18, s. 169) Take notice that I wish to appeal the decision of ________________________ (name of officer) made _________________, _______ (date). Whereby (state decision of officer) My grounds for objecting to this decision are (state reason for appeal): I have sent a copy of this notice to the officer by personal delivery/registered mail/facsimile transmission (circle one).
Dated at __________________________, __________________, ________. Signature of Appellant Mailing address of Appellant To: The Minister of Natural Resources For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068. N.S. Reg. 223/2004 Made: November 4, 2004 Filed: November 8, 2004 Employment Support and Income Assistance Regulations Order in Council 2004-437 dated November 4, 2004 Amendment to regulations made by the Governor in Council pursuant to
Section 21 of the Employment Support and Income Assistance Act The Governor in Council on the report and recommendation of the Minister of Community Services dated May 21, 2004, and pursuant to
Section 21 of
Chapter 27 of the Acts of 2000, the Employment Support and Income
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Part II - Regulations Vol. 28, No. 24 © NS Registry of Regulations. Web version. 517 Assistance Act, is pleased to amend the Employment Support and Income Assistance Regulations made by the Governor in Council by Order in Council 2001-138 dated March 23, 2001, by repealing
Section 22, effective on and after November 4, 2004. N.S. Reg. 224/2004 to 225/2004 Made: November 8, 2004 Filed: November 9, 2004 Land Registration