Act requirements 7 6 Reports RSA 2000 (RSA 2000 cM-17)

RSA 2000 cM-17

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter M-17 Current as of June 11, 2025 MINES AND MINERALS ACT

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Mines and Minerals Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg.

Amendments Mines and Minerals Act Alberta Oil Sands Resource Credit ................ 27/2025 Ammonite Shell ............................................. 152/2004 ......... 305/2009, 177/2016, 110/2019, 83/2024 Bitumen Royalty-in-kind................................ 276/2025 Bitumen Valuation Methodology (Ministerial) ............................................. 232/2008 ......... 341/2009, 38/2017, 202/2019, 238/2021, 285/2025 Carbon Sequestration Tenure ......................... 68/2011 ........... 89/2013, 56/2016, 277/2025 Coal Royalty .................................................. 295/92 ............. 20/93, 356/93, 262/97, 10/2000, 251/2001, 27/2002, 203/2003, 89/2013, 56/2015, 169/2015, 197/2015, 77/2020, 218/2022

Crown Minerals Registration ......................... 264/97 ............. 251/2001, 329/2002, 354/2003, 108/2004, 156/2004, 82/2014, 85/2016, 245/2018, 218/2022 Emerging Resources Royalty ......................... 209/2016 ......... 98/2023 Enhanced Hydrocarbon Recovery Royalty ..................................................... 210/2016 ......... 230/2021 Enhanced Oil Recovery Royalty .................... 156/2014 ......... 210/2016, 212/2016 Exploration ..................................................... 284/2006 ......... 35/2007, 68/2008, 187/2011, 170/2012, 56/2018, 286/2020, 142/2022, 216/2022, 9/2023, 98/2023, 101/2023, 142/2025 Geothermal Resource Tenure ......................... 251/2021 Metallic and Industrial Minerals Exploration ................................ 213/98 ............. 206/2001, 251/2001, 27/2002, 63/2003, 227/2003, 35/2007, 68/2008, 189/2009, 104/2011, 31/2012, 170/2012, 62/2013, 206/2013, 198/2014, 183/2015, 178/2017 270/2022, 9/2023, 98/2023, 101/2023, 26/2024 Metallic and Industrial Minerals Royalty ..................................................... 350/93 ............. 262/97, 140/98, 183/99, 221/2004, 56/2015, 82/2020 Metallic and Industrial Minerals Tenure ........ 265/2022 Mineral Rights Compensation ........................ 317/2003 ......... 254/2007, 162/2010, 208/2012, 89/2013, 55/2015, 79/2020 Mines and Minerals Administration ............... 262/97 ............. 251/2001, 27/2002, 130/2002, 329/2002, 354/2003, 154/2004, 221/2004, 199/2005, 61/2006, 254/2007, 54/2011, 68/2011, 170/2012, 89/2013, 45/2014, 80/2014, 174/2014, 202/2014, 169/2015, 23/2017, 56/2019, 216/2022, 266/2022, 98/2023, 278/2025 Mines and Minerals Dispute Resolution ........ 170/2015 ......... 24/2017, 173/2017

Natural Gas Deep Drilling, 2010 .................... 198/2010 ......... 89/2013, 157/2016 Natural Gas Royalty, 2009 ............................. 221/2008 ......... 134/2009, 288/2009, 197/2010, 32/2011, 33/2011, 89/2013, 118/2014, 140/2014, 169/2015, 170/2015, 198/2015, 211/2016, 209/2018, 52/2019, 80/2020 Natural Gas Royalty, 2017 ............................. 211/2016 ......... 25/2017, 210/2018, 52/2019, 81/2020 New Well Royalty .......................................... 32/2011 ........... 89/2013, 158/2016 Oil Sands Allowed Costs (Ministerial) .......... 231/2008 ......... 340/2009, 19/2012, 104/2013, 40/2014, 45/2014, 37/2017, 57/2019, 237/2021, 244/2025, 284/2025 Oil Sands Royalty, 1997 ................................ 185/97 ............. 262/97, 50/2000, 52/2000, 156/2001, 251/2001, 250/2004, 208/2006, 47/2007, 95/2007, 254/2007, 223/2008, 334/2009, 89/2013, 81/2014, 246/2018, 52/2019 Oil Sands Royalty, 2009 ................................ 223/2008 ......... 220/2009, 335/2009, 11/2012, 31/2012, 88/2013, 89/2013, 169/2015,170/2015, 26/2017, 52/2019, 231/2021, 275/2025 Oil Sands Tenure, 2020 .................................. 92/2020 ........... 158/2025 Petroleum and Natural Gas Tenure ................ 263/97 ............. 11/2000, 251/2001, 220/2002, 329/2002, 130/2004, 155/2004, 254/2007, 221/2008, 222/2008, 89/2013, 224/2013, 45/2014, 90/2018, 158/2025 Petroleum Marketing ...................................... 174/2006 ......... 254/2007, 168/2010, 89/2013, 140/2014, 197/2014, 142/2016, 235/2017, 247/2018, 279/2025 Petroleum Royalty, 2009 ................................ 222/2008 ......... 135/2009, 199/2010, 32/2011, 89/2013, 140/2014, 156/2014, 170/2015, 212/2016, 90/2018, 52/2019 Petroleum Royalty, 2017 ................................ 212/2016 ......... 27/2017, 52/2019

1 MINES AND MINERALS ACT

Chapter M-17 Table of Contents 1

Interpretation Application of Act 2 Application of Act 3 Agreements subject to Act 4 Grants

Part 1 Administration General Powers of the Lieutenant Governor in Council 5 Regulations 6 Publication of orders 7 Terms or conditions General Powers of the Minister 8 , 9 Ministerial powers Title to Minerals 1 0 Gold and silver 10.1 Coalbed methane 10.2 Geothermal resources 1 1 Authorized disposition 1 2 Transfer 1 3 Notification 1 4 Minerals underlying roads 1 5 Return of expropriated minerals Pore Space 15.1 Pore space

RSA 2000

Chapter M-17 MINES AND MINERALS ACT 2 Agreements 1 6 Issue of agreements 1 7 Restrictions on disposition 1 8 Refusal to grant and cancellation of agreement 1 9 Form of agreement 2 0 Agreements 2 1 Duplication in grant 2 2

Interpretation of agreement 2 3 Ineligible persons 2 4 Misdescription of zone 2 5 Replacement of mineral agreements 2 6 Surveys 2 7 Amendment of land description 2 8 Size of location 2 9 Representative of lessee 3 0 Official service address 3 1 Giving of notices 3 2 Forfeiture of well, mine or quarry Royalty and Other Revenues 3 3 Royalty on mineral 33.1 Amounts payable re geothermal resources 3 4 Royalty to be prescribed 34.1 Royalty structures – legislative framework guarantee 3 5 Crown as owner 3 6 Regulations 3 7 Artificial or undue reduction in royalty 3 8 Examinations, amendments and calculations 3 9 Objections 39.1 Limitation of actions 4 0 Annual rental 4 1 Application of payment 4 2 Failure to pay interest 4 3 Notice to pay Crown General 4 4 Implied reservations to Crown 4 5 Cancellation of agreement 4 6 Remedy of Crown 46.1 Deposits 4 7 Records 4 8 Return of information

RSA 2000

Chapter M-17 MINES AND MINERALS ACT 3 4 9 Application to Court of King ’s Bench 5 0 Confidential information 5 1 Evidence 5 2 Investigation and inspection 5 3 Bidding at sales 5 4 Prohibition 5 5 Compensation for unauthorized taking 5 6 Injection wells 5 7 Ownership of storage rights, etc. 5 8 Right to work through pore s pace and other minerals 5 9 Right to work through pore spa ce and minerals outside tract 6 0 Right to enter to remedy defaults 6 1 Safety measures 6 2 Mineral accretions 6 3 Offences 63.1 Vicarious responsibility

Part 2 Coal Leases 6 4 Coal rights 6 5 Fee and rental 6 6 Area of location 6 7 Rights granted by lease 6 8 Term of coal lease 6 9 Coal supply for local residents 7 0 Regulations Royalty 7 1 Royalty on federal patents General Coal Barrier 7 2 General coal barrier

Part 3 Minerals in Road Allowances Coal Mining Leases 7 3 Coal leases in road allowances 7 4 Coal rights lease 7 5 Coal Conservation Act requirements 7 6 Reports

RSA 2000

Chapter M-17 MINES AND MINERALS ACT 4 Other Leases 7 7 Other road allowance leases General 7 8 Damage by operations 7 9 Orders of Minister of Infrastructure

Part 4 Petroleum and Natural Gas 8 0

Interpretation Petroleum and Natural Gas Leases 8 1 Lease tenure 8 2 Continuation of l ease or licence 82.1 Shallow non-productive rights reversion 8 3 Regulations respecting petroleum and natural gas agreements Royalty 8 4 Void provisions Regulations Respecting Production 8 5 Regulations The Alberta Petroleum Marketing Commission 8 6 Marketing of Crown ’s share

Part 5 Oil Sands 8 7 McMurray formation 87.1 Solution gas 8 8 Operations to recover bituminous or oil sands 8 9 Void provisions

Part 6 Registration of Transfers and Security Notices Division 1 Transfers 9 1 Registration of transfer 91.1 Obligations to run with agreement, etc. 9 2 Judgment or order directing transfer 9 3 Regulations

RSA 2000

Chapter M-17 MINES AND MINERALS ACT 5 Division 2 Security Notices 9 4

Interpretation 9 5 Registration of security notice 9 6 Discharges 9 7 Demand for information 9 8 Notice to take proceedings 9 9 Court order to Minister 100 Regulations

Part 7 Unit Operation of Minerals 101 Definition 102 Unit agreement 103 Royalty contract re unit operation 104 Minerals subject to terms of agreement 105 Regulations

Part 8 Exploration 106

Definitions 107 Prohibitions 108 Regulations 108.1 Adoption of codes 108.2 Minister’s directions 108.3 Investigations and inspection 108.4 Stop order 109 Powers of Minister 110 Cancellation of licence or permit 111 Effect of withdrawal 111.1 Protection from prosecution 112 Administrative penalty 112.1 Publication of information 112.2 Regulations 113 Transitional

Part 9 Sequestration of Captured Carbon Dioxide 114

Definitions 115 Rights to drill evaluation wells 116 Rights to inject captured carb on dioxide for sequestration 117 Prohibition

RSA 2000

Section 1

Chapter M-17 MINES AND MINERALS ACT 6 118 Restriction on transfer of agreement 119 Duties on cessation of injection 120 Closure certificate 121 Assumption of liability 122 Post-closure Stewardship Fund 123 Orphan facilities 124 Regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “agreement” means an instr ument issued pursuant to this Act or the former Act that grants rights in respect of a mineral, subsurface reservoir, or geothermal resource, but does not include a notification, a transfer referred to in

section 12, a unit agreement or a contract under

section 9(a); (a.01) “base of groundwater protection” means the base of groundwater protection as defined in the Water Wells and Ground Source Heat Exchange System Directive published by Alberta Environment and Protected Areas, as amended or replaced from time to time; (a.1) “captured carbon dioxid e” means a fluid substance consisting mainly of carbon dioxide captured from an emissions source; (b) “certificate of record” m eans a certificate of record within the meaning of the regulations; (c) “certificate of title” means a certificate granted pursuant to the Land Titles Act; (d) “crude bitumen” means a n aturally occurring viscous mixture, mainly of hydrocarbons heavier than pentane, that may contain sulphur compounds and that, in its naturally occurring viscous state, will not flow to a well; (e) “Department” means the Department administered by the Minister; (f) “disposition” means a grant, a transfer referred to in

section 12 or an agreement;

RSA 2000

Section 1

Chapter M-17 MINES AND MINERALS ACT 7 (g) “estate in a mineral” means an estate in fee simple in a mineral or an estate for a life or lives in being in a mineral; (h) “fluid mineral substance” me ans a fluid substance consisting of a mineral or of a product obtained from a mineral by processing or otherwise; (i) “former Act” means an y predecessor of this Act; (i.1) “geothermal resource” mean s the natural heat from the earth that is below the base of groundwater protection; (j) “grant” means letters paten t under the Great Seal of Canada or a notification issued pursuant to The Provincial Lands Act, RSA 1942 c62, the former Act or this Act; (k) “issue”, with reference to a disposition, means to issue the disposition in accordance with the regulations; (l) “lessee” means, except in s ection 82.1, the holder according to the records of the Department of an agreement; (m) “location” means, except in

section 82.1, the tract described in an agreement; (n) “mine” means any opening or excavation in, or working of, the surface or subsurface for the purpose of working, recovering, opening up or proving any mineral or mineral-bearing substance, and includes works and machinery at or below the surface belonging to or used in connection with the mine; (o) “mineral claim” means the tr act described in a certificate of record; (p) “minerals” means all naturally occurring minerals, and without restricting the generality of the foregoing, includes (

i) gold, silver, uranium, p latinum, pitchblende, radium, precious stones, copper, iron, tin, zinc, asbestos, salts, sulphur, petroleum, oil, asphalt, bituminous sands, oil sands, natural gas, coal, anhydrite, barite, bauxite, bentonite, diatomite, dolomite, epsomite, granite, gypsum, limestone, marble, mica, mirabilite, potash, quartz rock, rock phosphate, sandstone, serpentine, shale, slate, talc, thenardite, trona, volcanic ash, sand, gravel, clay and marl, but (ii) does not include

RSA 2000

Section 1

Chapter M-17 MINES AND MINERALS ACT 8 (

A) sand and gravel that belong to the owner of the surface of land under

section 58 of the Law of Property Act, (

B) clay and marl that belong to the owner of the surface of land under

section 57 of the Law of Property Act, or (

C) peat on the surface of l and and peat obtained by stripping off the overburden, excavating from the surface, or otherwise recovered by surface operations; (q) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (r) “notification” means a notif ication in the prescribed form; (s) “oil sands” means (

i) sands and other rock materials containing crude bitumen, (ii) the crude bitumen contained in those sands and other rock materials, and (iii) any other mineral substances, other than natural gas, in association with that crude bitumen or the sands and other rock materials referred to in subclauses (

i) and (ii), and includes a hydrocarbon s ubstance declared to be oil sands under

section 7(2) of the Oil Sands Conservation Act; (t) “owner” when used in connection with a mineral claim means the holder according to the records of the Department of a certificate of record; (u) “quarry” means a pit or excavation in the ground for the purpose of removing, opening up or proving any mineral other than coal or oil sands, and includes works and machinery belonging to or used in connection with the quarry; (v) “record” means a record as defined in the Financial Administration Act; (w) “registered” means (

i) registered under Division 1 of

Part 6, in relation to a transfer, or

RSA 2000

Section 1

Chapter M-17 MINES AND MINERALS ACT 9 (ii) registered under Division 2 of

Part 6, in relation to a security notice or any other document registrable under that Division; (x) “Registrar” means the Registrar within the meaning of the Land Titles Act; (y) “royalty compensation” means money payable to the Crown in right of Alberta as compensation pursuant to regulations made under

section 36(2)(i); (y.1) “sequestration” m eans permanent disposal; (z) “storage rights” means the right to inject fluid mineral substances into a subsurface reservoir for the purpose of storage; (aa) “subsurface cavern” means a subsurface space created as a result of operations for the recovery of a mineral; (bb) “subsurface reservoir” means the pore space within an underground formation or a subsurface cavern; (cc) “transfer”, in relati on to an agreement, means (

i) a transfer of the agreement , a part of the location of the agreement or a specified undivided interest in the agreement made by the lessee of the agreement or the interest, as the case may be, (ii) a transfer of the agreement or a specified undivided interest in the agreement made by the Minister pursuant to

section 23(3), or (iii) a transfer of the agreement, a part of the location of t he agreement or a specified undivided interest in the agreement made by the Minister pursuant to a judgment or order of a court; (dd) “Transfer Agreement” means the agreement in the

Schedule to The Alberta Natural Resources Act, SA 1930 c21, and all amendments to that agreement; (ee) “unit agreement” means an a greement entered into by the Minister under

section 102(1); (ff) “unit operation order” means an order under the Turner Valley Unit Operations Act;

RSA 2000

Section 2

Chapter M-17 MINES AND MINERALS ACT 10 (gg) “well” means a well within the meaning of the Oil and Gas Conservation Act.

(2) If any mineral, any product obtained from a mineral or any substance is injected into or removed from a subsurface reservoir and a question arises between the Minister and the lessee under an agreement, or any person claiming under the lessee, as to the purpose for which the mineral, mineral product or substance was injected or removed, then, for the purposes of this Act, the question is to be decided by the Minister.

(3) A reference in this Act to a township, section, half section, quarter

section and legal subdivision means a township, section, half section, quarter

section and legal subdivision, respectively, within the meaning of the Surveys Act.

(4) For the purposes of this Act, a reference to a township, section, half section, quarter

section or legal subdivision is, in respect of land in unsurveyed territory, deemed to refer to what would be a township, section, half section, quarter

section or legal subdivision if the land were surveyed in accordance with the Surveys Act.

(5) The references in sections 8(1)(a), 9(a)(i), 36(2)(

j) and (3.1), 50(4) and (5) and 52(1) to a product obtained from a mineral, and in

section 36(2)(

a) and (

b) to a product obtained from a royalty share include (

a) any product obtained from a mineral or the royalty share o f a mineral by processing, reprocessing or otherwise, and (

b) any product obtained directly or indirectly, and in whole or in part, in exchange for a mineral, a royalty share of a mineral or a product referred to in clause (a). RSA 2000 cM-17 s1;2003 c28 s2;2006 c21 s26;2008 c36 s2; 2010 c14 s2;2020 cG-5.5 s31;2022 c21 s56 Application of Act Application of Act 2 This Act applies (

a) to all mines and minerals, pore space and related natural resources vested in or belonging to the Crown in right of Alberta, and (

b) where the context so permits or requires, to all wells, mi nes, quarries, minerals and geothermal resources in Alberta. RSA 2000 cM-17 s2;2010 c14 s2;2020 cG-5.5 s31

RSA 2000

Section 3

Chapter M-17 MINES AND MINERALS ACT 11 Agreements subject to Act 3 This Act applies to an agreement made, entered into or renewed under the former Act notwithstanding anything in the agreement. RSA 1980 cM-15 s4;1983 c36 s5 Grants 4 If regulations under

section 5(1)(

m) authorize the payment of grants relating to exploratory drilling, development drilling, geophysical exploration or well servicing, the grants shall be paid from the General Revenue Fund where there is no supply vote for the purpose. RSA 2000 cM-17 s4;2013 cF-14.5 s27

Part 1 Administration General Powers of the Lieutenant Governor in Council Regulations 5(1) The Lieutenant Governor in Council may make regulations (

a) respecting (

i) exploration for minerals, (ii) working and development of minerals, (iii) development and operation of mines and any other matters incidental to mining, (iii.1) any matter related to the exploration for or the development, recovery or management of geothermal resources associated with minerals or subsurface reservoirs that are property of the Crown in right of Alberta, (iv) exploration for, and use of, subsurface reservoirs, and (

v) development and operation of injection wells and facilities and any other matters incidental to the use of subsurface reservoirs; (

b) respecting applications for agreements; (

c) respecting the issuing of dispositions; (

d) respecting the terms an d conditions of agreements; (

e) prescribing annual rentals for agreements;

RSA 2000

Section 5

Chapter M-17 MINES AND MINERALS ACT 12 (

f) respecting the rights and obligations of lessees; (

g) respecting deposits or forms of security to the Government furnished or to be furnished under this Act and providing for (

i) the form and amounts of the deposits or other security, or the fixing of those amounts by the Minister, (ii) the circumstances under w hich the deposits or security become payable or forfeited, (iii) the purposes for which th e deposits or security so paid or forfeited may be expended by the Government, (iv) the circumstances under which, and the persons to whom, the deposits or security may be refunded or returned, and (

v) any other matter relating to the deposits or other security; (g.1) respecting the type and amount of insurance that must be carried by the lessee of an agreement under

Part 9; (

h) providing for any matter relating to the duration and extension of the terms of agreements, renewals of agreements, the size, shape and boundaries of the locations of agreements, the amendment of agreements by the Minister and the grouping, surrender, cancellation or expiry of agreements; (

i) respecting the keeping of records for any purpose under th is Act and the persons required to keep them; (

j) respecting information to be furnished to the Minister, th e persons required to furnish that information, the form in which that information must be furnished and the time within which that information must be furnished; (

k) prescribing the kinds of information required to be furnis hed pursuant to any other Act under the Minister’s administration that are deemed to be required to be furnished pursuant to this Act; (

l) respecting the confidentia lity of, and the communication of and access to, reports, returns, estimates, declarations, plans, maps, surveys, records and other information obtained under this Act;

RSA 2000

Section 5

Chapter M-17 MINES AND MINERALS ACT 13 (l.1) respecting investigations and inspections under

section 52, including, without limitation, the powers and duties of a person conducting an investigation or inspection and the responsibilities of lessees and other persons in respect of investigations and inspections; (l.2) respecting the measuremen t, calculation or estimation of the quantity, quality or composition of minerals, of products obtained by processing minerals or by reprocessing such products, or of captured carbon dioxide, including, without limitation, regulations (

i) requiring or authorizing measurement, calculation or estimation, (ii) respecting the purpos es for which measurements obtained or calculations or estimates made pursuant to regulations made under this clause are to be used, notwithstanding the provisions of any other enactment, (iii) respecting the person s required to undertake measurement, calculation or estimation and the responsibilities of those persons in respect of measurement, calculation or estimation, (iv) governing the kinds and specifications of tools, equipment and materials that may be used for measurement, and the standards and other requirements respecting the installation, operation and maintenance of those tools, equipment and materials, (

v) governing the methods to be used for measurement, calculation or estimation and the standard conditions to which those measurements, calculations or estimates are to be converted, and (vi) governing methods and procedures for conducting sampling, analyses, tests, verification and monitoring in relation to measurement, calculation or estimation; (

m) respecting the payment of m oney or the granting of other incentives relating to the exploration for or recovery or processing of a mineral and the termination of such payments or other incentives before (

i) any dates specified in th e regulations up to which, or (ii) the expiry of any time periods specified in the regulations during which,

RSA 2000

Section 5

Chapter M-17 MINES AND MINERALS ACT 14 such payments or incentives are to be provided; (

n) respecting the application of money paid to the Crown in right of Alberta, in respect of an agreement or otherwise, under this Act; (

o) respecting the circumstances in which and the conditions o n which credits may be established and applied against any liability to the Crown in right of Alberta under an agreement or under this or any other Act under the administration of the Minister, and respecting the payment to persons whose credits exceed their liability to the Crown of amounts not exceeding the excess credits; (

p) respecting the cancellation of all or part of an agreement by the Minister at the request of the lessee of the agreement where all or part of the location is within the boundaries of patented land as defined in the Metis Settlements Act and respecting the determination and payment of compensation for the cancellation; (

q) respecting the imposition of pecuniary penalties payable to the Crown, the circumstances in which the penalties may be imposed, the person liable to pay the penalties and the time by which the penalties must be paid; (

r) respecting transfers or surrenders of agreements or of par ts of the locations of agreements, and divisions or consolidations of agreements; (

s) respecting the review or re consideration of decisions of the Minister under this Act, the regulations or an agreement; (

t) respecting the determination of the circumstances under which persons may be regarded as not dealing with each other at arm’s length for any purpose under this Act or as being associated with each other for any purpose under this Act; (

u) respecting the liability of lessees and others for the payment of interest on amounts owing to the Crown in right of Alberta under this Act and on the value of arrears of royalty deliverable to the Crown in kind under this Act, the rates of interest payable and the computation of interest payable; (

v) respecting the liability of the Crown in right of Alberta for the payment of interest on overpayments under this Act, the rates of interest payable and the computation of interest

RSA 2000

Section 5

Chapter M-17 MINES AND MINERALS ACT 15 payable, and defining “overpayment” for the purposes of the regulations under this clause; (

w) establishing a tariff of fees (

i) pertaining to applications , agreements and renewals or reinstatements of agreements, (i.1) pertaining to obj ections under

section 39, (ii) for the filing of any documents that may be filed with th e Minister under the Prompt Payment and Construction Lien Act, (iii) for copies of maps, plans, field notes, documents, papers or other records of the Department, and (iv) for any other service provided by the Department; (w.1) governing the development, use and retention of document s and information in electronic form by (

i) the Department, and (ii) persons dealing with the Department in carrying out the business processes of the Department, including, without limitation, regulations (iii) requiring that documents or types or classes of documents be in an approved electronic format and respecting the manner in which that format is determined or approved, (iv) governing the methods and means of transmission of approved electronic documents or classes of approved electronic documents, including the establishment of rules, procedures and guidelines for their transmission, (

v) governing the means by which the identity and authority of persons who create, submit or send approved electronic documents are verified, and (vi) respecting electronic sig natures on approved electronic documents and the legal effect of such signatures; (w.2) providing that a provision in a regulation made under an y of clause (w.1)(iii) to (vi) supersedes and applies in place of another enactment of Alberta in respect of the same subject-matter;

RSA 2000

Section 5

Chapter M-17 MINES AND MINERALS ACT 16 (w.3) governing the legal effect and enforceability of approve d electronic documents, certified copies of approved electronic documents and endorsements made on approved electronic documents, including (

i) giving an approved electro nic document the same effect as if it were in writing and signed, and (ii) exempting an approved electronic document from any requirement at law that a document must be in writing or signed; (w.4) authorizing the Minister to refuse to accept documents that are not approved electronic documents or do not meet the requirements of or created under the regulations under clauses (w.1) to (w.3) in respect of the documents; (w.5) authorizing the Minister to establish rules respecting t he acknowledgment of receipt of approved electronic documents; (w.6) authorizing the Minister to exempt a document or type or class of document from any requirement of or created under a regulation under clauses (w.1) to (w.5), subject to any terms and conditions the Minister considers appropriate; (w.7) generally governing the applicability of regulations und er clauses (w.1) to (w.6) to the business processes administered by divisions, branches, units or parts of the Department; (w.8) respecting the amounts payable to the Crown in relation to the exploration for or the development or recovery of geothermal resources associated with minerals or subsurface reservoirs that are property of the Crown in right of Alberta; (

x) prescribing anything required to be prescribed under this Act; (

y) respecting any matter relate d to a provision of this Act where the provision (

i) is expressed to be subject to the regulations or to exceptions provided for by the regulations, or (ii) contemplates the making of regulations for purposes related to that provision.

(2) A deposit or security required to be furnished pursuant to regulations under subsection (1)(

g) shall be held by the Minister in

RSA 2000

Section 6

Chapter M-17 MINES AND MINERALS ACT 17 accordance with the regulations and shall not be paid into the General Revenue Fund.

(3) The Lieutenant Governor in Council may make any regulations and orders that may be necessary to carry out the provisions of this Act according to their intent, to carry out the Transfer Agreement, or to meet cases that may arise and for which no provision is made by this Act.

RSA 2000 cM-17 s5;2003 c28 s3;2003 c18 s7;2008 c36 s3;2009 c20 s5; 2010 c14 s2;2014 c8 s6;2020 cG-5.5 s31;2020 c30 s30 Publication of orders 6 Orders made by the Lieutenant Governor in Council pursuant to this Act, other than orders prescribing regulations within the meaning of the Regulations Act, shall be published in The Alberta Gazette. 1983 c36 s6 Terms or conditions 7 An order, decision or determination of the Lieutenant Governor in Council under this Act may be made subject to any terms or conditions that the Lieutenant Governor in Council considers warranted. 1983 c36 s6 General Powers of the Minister Ministerial powers 8(1) The Minister may (

a) exchange any Crown mineral or a product obtained from a Crown mineral for another mineral or another product obtained from a mineral; (

b) acquire by expropriation any estate or interest in mineral s, if the Minister is of the opinion that any or any further exploration for or development of those minerals is not in the public interest; (

c) accept the surrender of, c ancel or refuse to renew an agreement as to all or part of a location when the Minister is of the opinion that any or any further exploration for or development of the mineral to which the agreement relates within that location or part of it is not in the public interest, subject to the payment of compensation determined in accordance with the regulations for the lessee’s interest under the agreement; (

d) order the remission of all or part of any rental, fee or o ther sum payable under this Act or a disposition;

RSA 2000

Section 8

Chapter M-17 MINES AND MINERALS ACT 18 (

e) reinstate an agreement, a part of the location of an agreement or a zone in the location of an agreement that has been surrendered or cancelled, if (

i) an application for rein statement is received in the Department within 60 days after the prescribed effective date of the surrender or cancellation, (ii) the Minister has not alread y issued another agreement in respect of the location, the part of the location or the zone in the location, as the case may be, in respect of which the application is made, and (iii) the Minister considers that the circumstances warrant the reinstatement; (

f) if the Minister considers th at the circumstances warrant it, agree with a lessee to grant an agreement to the lessee in substitution for an agreement held by the lessee; (

g) if any provision of this Act, the regulations or an agreem ent requires or permits the doing of any act within a fixed period or at a fixed time, extend that period or fix another time by or at which that act is to be done, whether the period within which or the time by or at which the act ought to be done has or has not expired or arrived, as the case may be; (

h) if the Minister is satisfi ed that it is in the public interest to do so, agree from time to time with the lessee to extend the term of the lessee’s agreement for an additional period or periods, whether or not the term has expired when the extension is agreed to; (

i) determine the form of any document to be used in connection with the administration of this Act, or adopt a variation of any form so determined that the Minister considers applicable to any special case; (

j) delegate, in writing, to any person any of the Minister’s powers or duties under this Act or an agreement.

(2) Within 60 days of the completion of an exchange under subsection (1)(a), the Minister shall publish in The Alberta Gazette a notice stating the particulars of the exchange and the reason for the exchange.

(3) An order, authorization, direction, determination or other decision made by the Minister under this Act may be made subject to any terms or conditions that the Minister considers warranted.

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Chapter M-17 MINES AND MINERALS ACT 19

(4) For the purpose of applying subsection (1)(

h) to a lease granting rights to petroleum or natural gas, or both, the expression “term” in that clause includes the period during which the lease is continued under

Part 4. RSA 2000 cM-17 s8;2008 c36 s4 Ministerial powers 9 Notwithstanding anything in this Act or any regulation or agreement, the Minister, on behalf of the Crown in right of Alberta, may (

a) enter into a contract with any person or the government of Canada or of a province or territory respecting (

i) the recovery of a mineral and the processing, sale or other disposition of the mineral or of a product obtained from the mineral; (ii) the development of mines or quarries for the recovery of minerals; (iii) the storage or sequestration of substances in subsurface reservoirs; (iv) the royalty reserved to the Crown in right of Alberta on the minerals recovered; (

v) the provision for a consideration payable to the Crown in right of Alberta instead of royalty on the minerals recovered; (v.1) the exploration for or the development and recovery of, and any amounts payable on the exploration for or the development and recovery of, geothermal resources associated with minerals or subsurface reservoirs owned by the Crown in right of Alberta; (vi) any matter that the Ministe r considers to be necessarily incidental to, in relation to or in connection with any of the matters referred to in subclauses (

i) to (v.1); (

b) issue an agreement (

i) containing a provision that is a variation of a provision of this Act or the regulations that would otherwise apply to the agreement, or (ii) making inapplicable a provision of this Act or the regulations that would otherwise apply to the agreement;

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Section 10

Chapter M-17 MINES AND MINERALS ACT 20 (

c) issue an agreement containing a provision providing for th e waiver by the lessee of a benefit under this Act or any other Act under the administration of the Minister.

RSA 2000 cM-17 s9;2008 c36 s5;2010 c14 s2;2020 c25 s10; 2020 cG-5.5 s31 Title to Minerals Gold and silver 10 It is hereby declared that no grant from the Crown, whether relating to land, minerals in land or otherwise, has operated or will operate as a conveyance of gold and silver unless gold and silver are expressly named and conveyed in the grant. 1983 c36 s6 Coalbed methane 10.1(1) Coalbed methane is hereby declared to be and at all times to have been natural gas. (2) Subsection (1) does not affect any conveyance, agreement, agreement for sale, lease, joint venture or any other contract that specifically grants, leases, excludes, excepts or reserves rights in land in respect of coalbed methane and that was entered into before the coming into force of this

section by (

a) the owner of the title to na tural gas in the land, or any person holding natural gas rights through that owner, and (

b) the owner of the title to coal in the land, or any person holding coal rights through that owner.

(3) The owner of the title to natural gas in any land, and any person holding natural gas rights through that owner, has no right of action and shall not commence or maintain proceedings against the Crown, the owner of the title to the surface of the land or the coal in the land, or any person holding coal rights through the owner of the title to the coal for damages or compensation because of extraction, production or removal of coalbed methane from the land if that extraction, production or removal occurred before the coming into force of this section.

(4) It is deemed for all purposes, including for the purposes of the Expropriation Act, that no expropriation occurs as a result of the enactment of this section.

(5) No person has a right of action and no person shall commence or maintain proceedings

RSA 2000

Section 10.2

Chapter M-17 MINES AND MINERALS ACT 21 (

a) to claim damages or compensation of any kind, including, without limitation, damages or compensation for injurious affection, from the Crown, or (

b) to obtain a declaration th at the damages or compensation referred to in clause (

a) are payable by the Crown, as a result of the enactment of this section. 2010 c20 s2 Geothermal resources 10.2 The owner of the mineral title in any land in Alberta has the right to explore for, develop, recover and manage the geothermal resources associated with those minerals and with any subsurface reservoirs under the land. 2020 cG-5.5 s31 Authorized disposition 11(1) No disposition may be made of an estate in a mineral owned by the Crown in right of Alberta unless the disposition is specifically authorized by this or another Act. (2) Subsection (1) does not preclude (

a) the Lieutenant Governor in Council from transferring the administration and control of minerals to the Crown in right of Canada, or (

b) the Minister from executing and delivering a transfer under the Land Titles Act in favour of the Crown in right of Canada of an estate in minerals of which the Crown in right of Alberta is the registered owner. 1983 c36 s6;1985 c39 s3 Transfer 12(1) When a person is entitled to receive from the Crown in right of Alberta a title for an estate in a mineral for which a certificate of title is registered under the Land Titles Act, a transfer shall be issued by the Minister.

(2) Before the issue of the transfer, the registration fee payable under the Land Titles Act shall be paid to the Minister.

(3) The Minister shall forward the fee paid and the transfer to the Registrar for registration of the transfer under the Land Titles Act. 1983 c36 s6 Notification 13(1) When a person is entitled to receive from the Crown in right of Alberta a title for an estate in a mineral for which no certificate

RSA 2000

Section 14

Chapter M-17 MINES AND MINERALS ACT 22 of title is registered under the Land Titles Act, a notification shall be issued by the Minister accordingly in favour of that person.

(2) Before the issue of the notification, the fee payable under the Land Titles Act shall be paid to the Minister.

(3) The Minister shall forward the fee paid and the notification to the Registrar for registration of the notification under the Land Titles Act.

(4) When a notification issues to or in the name of a person who is dead, the notification is not void for that reason but the title to the minerals granted or intended to be granted forms part of the estate of the deceased person on registration of the notification.

(5) When a notification or other grant has issued to or in the name of an incorrect person or contains any clerical error, misnomer or incorrect or defective description of the minerals intended to be granted, or when any of the conditions of the notification or grant have been omitted, the Minister, if there is no adverse claim, may direct the defective notification or grant to be cancelled and a correct notification or grant to be issued in its stead.

(6) The correct notification or grant referred to in subsection (5) shall relate back to the date of the notification or grant cancelled and has the same force and effect as if issued at the date of the cancelled notification or grant.

(7) If a certificate of title has not been issued under the Land Titles Act for any minerals vested in or belonging to the Crown in right of Alberta, the Minister may issue a notification respecting those minerals in favour of His Majesty in right of Alberta as represented by the Minister.

(8) When a notification is issued under subsection (7), it shall be forwarded to the Registrar who shall, without fee, forthwith issue a certificate of title. RSA 2000 cM-17 s13;AR 217/2022 Minerals underlying roads 14(1) When, by letters patent, (

a) the surface of land and any mineral in the land were granted, and (

b) an area or strip of land was excepted or reserved for a road, roadway or trail, the letters patent are deemed for all purposes to have conveyed that mineral underlying the road, roadway or trail.

RSA 2000

Section 15

Chapter M-17 MINES AND MINERALS ACT 23 (2) Subsection (1) does not apply to any mineral granted (

a) by other letters patent before October 1, 1930, or (

b) by notification pursuant to an Ordinance of the North-West Territories or

an Act of the Legislature before May 1, 1951, whether before or after the letters patent referred to in subsection (1).

(3) When, under subsection (1), doubt arises as to whether an exception or reservation of an area or strip of land was for a road, roadway or trail, the Minister shall rule on the matter and the Minister’s ruling when delivered in writing to the Registrar is final. 1983 c36 s6 Return of expropriated minerals 15(1) If land that included any minerals was transferred to or expropriated by the Crown and the land was used or intended to be used for a road diversion or roadway or for the purposes of obtaining gravel or any other road material, the Minister, on application to the Minister for the acquisition of the minerals or any of them, may approve the application on payment of any sum that the Minister may determine.

(2) When an application is approved pursuant to subsection (1), the applicant is entitled to receive a title for an estate in fee simple in the minerals in respect of which the application was made. 1983 c36 s6 Pore Space Pore space 15.1(1) It is hereby declared that (

a) no grant from the Crown of any land in Alberta, or mines or minerals in any land in Alberta, has operated or will operate as a conveyance of the title to the pore space contained in, occupied by or formerly occupied by minerals or water below the surface of that land, (

b) the pore space below the su rface of all land in Alberta is vested in and is the property of the Crown in right of Alberta and remains the property of the Crown in right of Alberta whether or not (

i) this Act, or an agreement issued under this Act, grants rights in respect of the subsurface reservoir or in respect of minerals occupying the subsurface reservoir, or

RSA 2000

Section 16

Chapter M-17 MINES AND MINERALS ACT 24 (ii) minerals or water is prod uced, recovered or extracted from the subsurface reservoir, a n d (

c) the exception of pore space under this

section is deemed to be an exception contained in the original grant from the Crown for the purposes of

section 61(1) of the Land Titles Act. (2) Subsection (1) does not operate to affect the title to land that, on the date on which this

section comes into force, belongs to the Crown in right of Canada.

(3) The Minister may enter into agreements with respect to the use of pore space.

(4) It is deemed for all purposes, including for the purposes of the Expropriation Act, that no expropriation occurs as a result of the enactment of this section.

(5) No person has a right of action and no person shall commence or maintain proceedings (

a) to claim damages or compensation of any kind, including, without limitation, damages or compensation for injurious affection, from the Crown, or (

b) to obtain a declaration th at the damages or compensation referred to in clause (

a) is payable by the Crown, as a result of the enactment of this section. 2010 c14 s2 Agreements Issue of agreements 16 Subject to this Act and the regulations and any express provision in any applicable ALSA regional plan limiting mineral development within a geographic area, the Minister may issue an agreement in respect of a mineral, subsurface reservoir or geothermal resource (

a) on application, if the Mini ster considers the issuance of the agreement warranted in the circumstances, (

b) by way of sale by public tender conducted in a manner determined by the Minister, or (

c) pursuant to any o ther procedure determined by the Minister. RSA 2000 cM-17 s16;2009 cA-26.8 s82;2010 c14 s2;2020 cG-5.5 s31

RSA 2000

Section 17

Chapter M-17 MINES AND MINERALS ACT 25 Restrictions on disposition 17(1) The Minister may, in respect of any specified area and in any manner that the Minister considers warranted, (

a) restrict the issuance of a greements granting rights to minerals, pore space or geothermal resources; (

b) withdraw any or all minera ls or pore space from disposition; (

c) withdraw any or all rights to explore for, develop and recover geothermal resources from disposition.

(2) During the period that a mineral or pore space is withdrawn from disposition pursuant to subsection (1)(b), no person has the right to acquire an agreement granting rights to that mineral or pore space in all or any part of the area specified.

(3) During the period that a right to explore for, develop and recover geothermal resources is withdrawn from disposition pursuant to subsection (1)(c), no person has the right to acquire an agreement granting rights to explore for, develop and recover geothermal resources in all or any part of the area specified. RSA 2000 cM-17 s17;2010 c14 s2;2020 cG-5.5 s31 Refusal to grant and cancellation of agreement 18(1) The Minister may (

a) refuse to issue or may withhold the issuance of an agreement, or (

b) cancel an agreement issued i n error and refund money paid in connection with that agreement.

(2) Without restricting the generality of subsection (1)(a), the Minister may refuse to issue an agreement to a person who is indebted to the Crown in right of Alberta, the Alberta Energy Regulator or the Alberta Utilities Commission. RSA 2000 cM-17 s18; 2007 cA-37.2 s82(16);2012 cR-17.3 s94 Form of agreement 19(1) An agreement shall be in the form determined by the Minister.

(2) The Minister may in the case of any particular agreement vary the form determined for that class of agreement under subsection (1).

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Section 20

Chapter M-17 MINES AND MINERALS ACT 26

(3) The form of an agreement may confer or impose rights and obligations on the Minister or the lessee in addition to those provided for under this Act. 1983 c36 s6 Agreements 20(1) An agreement shall be issued in the manner and in the medium provided for in the regulations.

(2) An agreement issued in accordance with subsection (1) is binding on the Crown in right of Alberta and the lessee.

(2.1) Where 2 or more persons are recorded with the Department as lessees of an agreement, (

a) those lessees in relation to the Crown are jointly respons ible for the obligations and liabilities that arise under that agreement, notwithstanding that the agreement was issued before, on or after the coming into force of this subsection, and (

b) a judgment in favour of the Crown against one or more of those lessees or a release by the Crown in favour of one or more of those lessees does not preclude the Crown from obtaining judgment against the other lessees in the same or a separate proceeding.

(3) The date of commencement of the term of an agreement shall, subject to the regulations, be the date specified by the Minister.

(4) When an agreement that is required to be executed by the holder is issued, the person in whose favour it is made (

a) subject to subsection (5), is deemed to be the holder of i t as against the Crown and all other persons as of the term commencement date, and (

b) is bound by the agreement as if it were fully executed.

(5) When an agreement that is required to be executed by the holder is issued and the holder does not execute the agreement and return it to the Minister within 90 days from the prescribed date, (

a) the Minister may cancel the agreement in the records of th e Department, and

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Section 21

Chapter M-17 MINES AND MINERALS ACT 27 (

b) the holder is deemed to have been the holder of the agreement only as to any liability incurred under it by the holder.

(6) Subject to the regulations, an agreement granting rights to win, work and recover a mineral is deemed to include the right to explore for, develop and recover geothermal resources in the course of recovering the mineral under the agreement. RSA 2000 cM-17 s20;2003 c18 s8;2020 cG-5.5 s31 Duplication in grant 21 If an agreement purports to grant rights in respect of a mineral and those rights are included in any disposition issued previously, the agreement is void insofar as it interferes with the previous disposition. 1983 c36 s6

Interpretation of agreement 22(1) Wherever the singular or masculine or neuter is used in an agreement, it shall be construed as meaning the plural or feminine or a corporation where the context or the parties to the agreement so require.

(2) A reference in an agreement to an enactment shall be construed as a reference to (

a) that enactment, as ame nded from time to time, and (

b) any replacement of all or p art of that enactment, as amended from time to time.

(3) In subsection (2), “enactment” means

an Act, regulation, order, directive, bylaw or other subordinate legislation. 1983 c36 s6 Ineligible persons 23(1) Subject to the regulations, an individual under the age of 18 years is ineligible to be the lessee or one of the lessees of an agreement.

(2) A corporation is ineligible to be the lessee or one of the lessees of an agreement unless the corporation is (

a) registered under the Companies Act, (

b) registered, incorporated or continued under the Business Corporations Act, (

c) incorporated or continued under the Bank Act (Canada),

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Section 23

Chapter M-17 MINES AND MINERALS ACT 28 (

d) a railway company incorporated under

an Act of Canada, (

e) a loan corporation or trust corporation, (

f) an insurer licensed under the Insurance Act, or (

g) in any other case, approved by the Minister as a corporati on that may hold an agreement.

(3) If the lessee or one of the lessees of an agreement is a person who is ineligible under subsection (1) or (2), the Minister may, subject to subsections (4) and (5), (

a) where the ineligible person is the sole lessee of the agreement or one of the lessees otherwise than as the holder of a specified undivided interest in the agreement, (

i) cancel the agreement, or (ii) transfer the agreement to an eligible person who, in the opinion of the Minister, is entitled to it; (

b) where the ineligible person is the holder of a specified undivided interest in the agreement, transfer the interest to an eligible person who, in the opinion of the Minister, is entitled to it or, in the absence of such a person, (

i) to the holder of the other specified undivided interest if that holder is then an eligible lessee, or (ii) proportionately to those eligible persons who are the holders of the other specified undivided interests in the agreement, as the case may be.

(4) The Minister may not exercise any of the powers under subsection (3) unless (

a) the Minister gives a noti ce in accordance with subsection (5) to the ineligible person and to any persons or class of persons specified in the regulations, (

b) if the ineligibility is the result of the dissolution of a corporation, the Minister gives a notice in accordance with subsection (5) and the regulations, and (

c) the notice has not been complied with before the deadline specified in the notice.

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Chapter M-17 MINES AND MINERALS ACT 29

(5) A notice referred to in subsection (4) (

a) must be given in a prescribed manner, (

b) must describe the powers that may be exercised by the Minister under subsection (3) if the notice is not complied with, and (

c) must state that the Minis ter may exercise those powers unless, before the deadline specified in the notice, either (

i) the agreement or the specifi ed undivided interest in the agreement, as the case may be, is transferred to an eligible person and the transfer is registered under Division 1 of

Part 6, or (ii) there is provided to the Mi nister proof satisfactory to the Minister that the person concerned has ceased to be ineligible under subsection (1) or (2), as the case may be.

(6) No agreement shall be issued to or otherwise acquired by an unincorporated syndicate or association or other unincorporated group of persons in the name of the syndicate, association or group. RSA 2000 cM-17 s23;RSA 2000 cI-3 s863 Misdescription of zone 24 If, in the opinion of the Minister, an agreement contains a misdescription of a zone, the Minister may (

a) with the consent of the lessee, amend the agreement to correct the description without the payment of compensation to the lessee, or (

b) if the lessee does not consent as provided in clause (a), (

i) cancel the agreement as to a ll or part of its location, or (ii) amend the agreement to remove a misdescribed zone from the whole or part of its location, subject to the payment of compensation in accordance with the regulations. RSA 2000 cM-17 s24;2003 c18 s9 Replacement of mineral agreements 25(1) Subject to the regulations, where, as a consequence of the enactment of regulations under

section 5(1) after June 25, 1991, called in this

section the “new regulations”, any mineral comes under the administration of the new regulations, the Minister may, without compensation, cancel an agreement granting rights to that

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Section 26

Chapter M-17 MINES AND MINERALS ACT 30 mineral and shall issue a replacement agreement to the same lessee in conformity with the new regulations.

(2) This

section does not apply to agreements granting rights to coal, petroleum, natural gas or oil sands. 1991 c20 s4;1997 c17 s12 Surveys 26(1) If for any reason the Minister considers it necessary or advisable to have a survey or re-survey made of any location to determine the exact position of the location or in order to settle any dispute that may arise respecting it, the Minister may direct that the survey or re-survey be made by an Alberta land surveyor.

(2) The Minister may require the lessee of the location to be surveyed to pay, in advance, all or part of the costs of the survey or re-survey.

(3) If the lessee fails to make the payment in advance when required to do so by the Minister, the Minister may cancel the lease.

(4) The surveyor shall file with the Department plans, notes and any other information that may be required to determine the exact position of the location and the Department shall forward a copy of the information to the lessee. 1983 c36 s6 Amendment of land description 27(1) As soon as any area of land that includes a location, or any part of a location, becomes surveyed, the Minister after consultation with the lessee may amend the description by describing the area as surveyed land.

(2) The decision of the Minister as to the surveyed land to be included in the lease is final. 1983 c36 s6 Size of location 28(1) In determining the size of a location, all measurements must be taken horizontally, irrespective of the inequalities of the surface of the ground, and the boundaries beneath the surface must be the vertical planes in which the surface boundaries lie.

(2) In calculating distances, the widths of road allowances are not to be considered unless expressly included in the agreement. 1983 c36 s6

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Section 29

Chapter M-17 MINES AND MINERALS ACT 31 Representative of lessee 29(1) Where an agreement is held by 2 or more lessees, those lessees shall, in accordance with the regulations, (

a) designate one of their number or any other person as their representative for the purposes of this Act in relation to that agreement, and (

b) give a notice of the designation to the Minister.

(2) Where an agreement is held by only one lessee, the lessee (

a) may, in accordance with the regulations, designate another person as the lessee’s representative for the purposes of this Act in relation to that agreement, and (

b) on doing so shall give a notice of the designation to the Minister.

(3) The lessee or lessees of an agreement are bound by the acts and omissions of their designated representative with respect to all matters arising under the agreement, or under this Act in relation to the agreement, while the designation is in effect.

(4) A designation of a representative under this

section in relation to an agreement remains in effect until (

a) it is replaced (

i) in accordance with the regulations by another designation under this

section and a notice of the replacement designation is given to the Minister, or (ii) in accordance with subsection (5), o r (

b) in the case of a designatio n under subsection (2), it is revoked in accordance with the regulations without being replaced and a notice of the revocation is given to the Minister.

(5) The Minister may replace a lessee that has been designated under subsection (1) as a representative in relation to an agreement if all of the following apply: (

a) another lessee of the agreement has given the representati ve 60 days’ notice, in a form and manner satisfactory to the Minister, of the lessees’ intention to designate another person as their representative;

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Section 30

Chapter M-17 MINES AND MINERALS ACT 32 (

b) the Minister is satisfied t hat the representative has failed to respond to the notice; (

c) the lessees of the agreemen t, other than the representative, make a request to the Minister, in a form satisfactory to the Minister, to designate another person as their representative. RSA 2000 cM-17 s29;2021 c25 s13 Official service address 30(1) If a person (

a) is designated as a represen tative in relation to an agreement pursuant to

section 29, or (

b) is the sole lessee of one o r more agreements and has not designated a representative in relation to any of those agreements pursuant to

section 29, that person shall, in accordance with the regulations, give to the Minister a notice containing that person’s official service address for the purposes of this Act.

(2) The address shown in a notice given by a person under this

section continues to be that person’s official service address for the purposes of this Act until it is replaced by another notice given under subsection (1).

(3) The address shown in a notice given by a person under this

section does not cease to be that person’s official service address for the purposes of this Act merely because that person subsequently ceases to be within either of the classes of persons described in subsection (1)(

a) or (b). 1983 c36 s6;1997 c17 s13 Giving of notices 31(1) Except as otherwise provided by the regulations, any notice or other document that the Minister is required or authorized to give or furnish to a lessee pursuant to this Act or the lessee’s agreement may be given or furnished (

a) to the person who is desi gnated under

section 29 as the representative of the lessee or lessees in relation to that agreement according to the records of the Department at the time the notice or other document is given or furnished, or (

b) to the person who is the le ssee of the agreement, if that person is the sole lessee of the agreement and, according to the records of the Department at the time the notice or other document is given or furnished, the lessee either

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Section 32

Chapter M-17 MINES AND MINERALS ACT 33 (

i) has not given a notice under

section 29(2) of the designation of a representative in relation to that agreement, or (ii) has revoked the lessee’s last designation made pursuant to

section 29(2) in relation to that agreement.

(2) Any notice or other document that is required or authorized to be given or furnished to the Minister or any other person pursuant to this Act or an agreement may be given or furnished in any manner provided for in the regulations. 1997 c17 s13 Forfeiture of well, mine or quarry 32(1) Except as otherwise provided in the regulations, when an agreement expires or is surrendered or cancelled, the ownership of (

a) any well in the location an d the installations and equipment, including casing, incidental to the well, and (

b) any mine or quarry in the location, vests in the Crown in right of Alberta free and clear of all interests, charges and liens. (2) Subsection (1) applies whether or not (

a) the well or its installations, equipment or casing or the mine or quarry, as the case may be, was the property of the former lessee, and (

b) any notice has been given or sent to any person owning or having an interest, charge or lien on the well or its installations, equipment or casing or in the mine or quarry, as the case may be, immediately before the vesting. (3) Subsection (1) does not apply if (

a) the agreement expires but is renewed, or (

b) the agreement is terminated by reason of the exercise by the lessee of a right to apply for a lease that contains in its location the same well, mine or quarry.

(4) The Minister may give a written authorization to a former lessee of an agreement to which subsection (1) applies or to any other person to enter on the location of the former agreement for the purpose of

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Section 33

Chapter M-17 MINES AND MINERALS ACT 34 (

a) removing any installations, equipment or casing incidental to the well, (

b) removing any installations or equipment incidental to the mine or quarry, or (

c) doing any act specified in the authorization in relation to the well, mine or quarry.

(5) If a well, mine or quarry becomes the property of the Crown under this section, the Minister has the same rights and duties that the former lessee had in respect of any right of entry order or surface lease relating to the land on which the well, mine or quarry is located.

(6) Notwithstanding subsection (5), the Minister is not subject to any penalty, debt or other obligation incurred by the former lessee under the right of entry order or surface lease.

(7) In subsections (5) and (6), (a) “right of entry order” means a right of entry order as def ined in the Surface Rights Act and a right of entry order under

Part 4 of the Metis Settlements Act; (b) “surface lease” means a leas e or other instrument under which the surface of land is held for any purpose for which a right of entry order may be made under the Surface Rights Act or

Part 4 of the Metis Settlements Act, and that provides for the payment of compensation. 1983 c36 s6;1990 cM-14.3 s276;1997 c17 s15 Royalty and Other Revenues Royalty on mineral 33 A royalty determined under this Act is reserved to the Crown in right of Alberta on any mineral recovered pursuant to an agreement. 1983 c36 s6 Amounts payable re geothermal resources 33.1 Amounts determined under this Act for the exploration for and the development and recovery of geothermal resources associated with minerals or subsurface reservoirs that are property of the Crown in right of Alberta are payable to the Crown in right of Alberta. 2020 cG-5.5 s31

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Section 34

Chapter M-17 MINES AND MINERALS ACT 35 Royalty to be prescribed 34(1) Subject to

section 34.1, the royalty reserved to the Crown in right of Alberta on a mineral recovered pursuant to an agreement shall be the royalty prescribed from time to time by the Lieutenant Governor in Council.

(2) If a royalty has been reserved to the Crown in right of Canada in any letters patent that convey a mineral, there is reserved to the Crown in right of Alberta (

a) the royalty prescribed from time to time by the Lieutenant Governor in Council in accordance with the Transfer Agreement, or (

b) if no royalty is prescribed under clause (a), the royalty at the rate in effect immediately before the coming into force of the Transfer Agreement.

(3) Except as otherwise provided by the regulations, (

a) the royalty reserved to the Crown in right of Alberta shal l be deliverable in kind, (

b) the quantity of the royalty reserved to the Crown in right of Alberta shall be calculated at the place where the mineral is first measured after it is recovered, and (

c) the royalty reserved to the Crown in right of Alberta shal l be delivered to the Crown at the place at which the quantity of the royalty is calculated. RSA 2000 cM-17 s34;2019 c9 s2 Royalty structures – legislative framework guarantee 34.1(1) In this section, (a) “fundamental restructuring” does not include adjustments or changes made (

i) to simplify or streamline co st calculations, processes, reporting or other similar requirements of an enactment or policy, (ii) to address significant ch anges in technology and world markets, (iii) in accordance with an enactment in force on the date this

section comes into force, except as otherwise provided in this section, or in accordance with a relevant policy,

RSA 2000

Section 35

Chapter M-17 MINES AND MINERALS ACT 36 including the planned transition to the Modernized Royalty Framework, 2017, or (iv) where the Government of Alberta considers that the adjustments or changes are appropriate and consistent with this section; (b) “hydrocarbon” does not include coal; (c) “legislative framework” does not include the Petroleum Marketing Act and the regulations under that Act.

(2) For a period of 10 years after this

section comes into force, no fundamental restructuring of the legislative framework generally applicable to hydrocarbon royalties reserved to the Crown in right of Alberta shall be implemented.

(3) Subject to the regulations, no fundamental restructuring of the legislative framework applicable to hydrocarbon royalties reserved to the Crown in right of Alberta in place on the date a well commences production shall be implemented with respect to that well for a period of 10 years after that date.

(4) For greater certainty, “the legislative framework applicable to hydrocarbon royalties reserved to the Crown in right of Alberta in place on the date a well commences production” in subsection (3) includes the planned transition to the Modernized Royalty Framework, 2017, which will apply to that well according to the terms in force on the date the well commences production. 2019 c9 s3 Crown as owner 35(1) The Crown in right of Alberta is the owner of its royalty share of the mineral at all times until that royalty share is disposed of by or on behalf of the Crown or until the Crown’s title to that royalty share is transferred to a lessee or other person pursuant to the regulations, notwithstanding that its share is commingled with and indistinguishable from the lessee’s share prior to or at the time of the disposal or transfer of title.

(2) If, at the place where the Crown’s royalty share of a mineral is to be delivered to the Crown in right of Alberta, the Crown’s royalty share of the mineral is commingled with the lessee’s share of the mineral so that the Crown’s royalty share cannot be identified, the Crown in right of Alberta is entitled to the quantity of the mineral of equivalent quality that is equal to the Crown’s royalty share.

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Chapter M-17 MINES AND MINERALS ACT 37

(3) If under the regulations or a contract or agreement under

section 9 the quantity of the royalty on a mineral is calculated on the basis of all or any of the products obtained by processing that mineral or by reprocessing the products obtained by processing that mineral, unless otherwise provided a reference to the mineral in any provision in this Act or the regulations respecting the royalty on the mineral shall be read as a reference to the product obtained by the processing or reprocessing, as the case may be. RSA 2000 cM-17 s35;2008 c36 s6 Regulations 36(1) The Lieutenant Governor in Council may make regulations (

a) prescribing the royalty on a mineral; (

b) prescribing that the quan tity of the royalty on a mineral be calculated at a place other than the place where the mineral is first measured after it is recovered; (

c) prescribing that the royalty on a mineral be delivered to the Crown in right of Alberta at a place other than that at which its quantity is calculated; (

d) authorizing the Minister to determine any component or value in the calculation of the royalty on a mineral; (

e) respecting the circumstances under which the quantity of the royalty on a mineral shall be calculated on all or any of the products obtained by processing the mineral or by reprocessing any of those products instead of on the mineral; (

f) respecting the waiver or va riation of all or part of the royalty on a mineral and the termination of any such waiver or variation before any date, or before the passing of any time period, specified in the regulations by which the waiver or variation is to expire; (

g) respecting the administrati on, implementation and operation of

section 34.1 generally or with respect to a well or mine or a class of wells or mines; (

h) respecting the legislative framework with respect to a well or a class of wells under

section 34.1(3); (

i) defining any word or expression used but not defined in clauses (

g) and (

h) and

section 34.1;

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Chapter M-17 MINES AND MINERALS ACT 38 (

j) further clarifying the definition of “fundamental restructuring”, “hydrocarbon” or “legislative framework” in

section 34.1(1) for the purposes of

section 34.1; (

k) respecting any other matter relating to

section 34.1; (

l) respecting the amounts payable to the Crown in right of Alberta for the exploration for and the development and recovery of geothermal resources associated with minerals and subsurface reservoirs that are property of the Crown in right of Alberta, including the determination of the amounts and the administration of payments.

(2) The Lieutenant Governor in Council may make regulations (

a) respecting the Crown’s roya lty share of a mineral, including, without limitation, the delivery of the royalty share in kind and the undertaking of any action in relation to the royalty share so delivered for any purpose leading directly or indirectly to and including the disposal of the royalty share or of any product obtained from the royalty share; (

b) respecting the circumstances under which the lessee, the Alberta Petroleum Marketing Commission or any other person may be required to act, or requiring the lessee, the Alberta Petroleum Marketing Commission or any other person to act, as agent of the Crown in right of Alberta for any purpose leading directly or indirectly to and including the disposal of the Crown’s royalty share or of any product obtained from the royalty share; (

c) respecting the conditions o f any agency relationship created pursuant to clause (

b) and the powers, rights and duties of the Minister and of the lessee, the Alberta Petroleum Marketing Commission or any other person under the agency relationship; (c.1) respecting goods and services that may be required by th e Minister or the Alberta Petroleum Marketing Commission to be provided to the Crown or the Alberta Petroleum Marketing Commission for any purpose in relation to the Crown’s royalty share of a mineral, the persons required to provide those goods and services, and the consideration to be paid by the Crown or the Alberta Petroleum Marketing Commission for those goods and services; (c.2) respecting the determination by the Minister or the Albe rta Petroleum Marketing Commission of the consideration referred to in clause (c.1) or the determination by the

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Chapter M-17 MINES AND MINERALS ACT 39 Alberta Utilities Commission of charges instead of consideration; (c.3) respecting the rights, powers, liabilities and obligatio ns of the Minister, the Alberta Petroleum Marketing Commission and others in relation to the provision of goods and services referred to in clause (c.1) and the payment of consideration, or charges instead of consideration, for those goods and services; (

d) respecting the determination of the amount of money payable to the Crown in respect of the Crown’s royalty share of a mineral when disposed of by a person required by the regulations to be an agent of the Crown for that purpose, notwithstanding the consideration actually received for the Crown’s royalty share when it is disposed of by the agent, and respecting the liability of that agent for the payment of that amount; (

e) respecting the determinatio n of the value of a mineral or of the Crown’s royalty share of a mineral for any purpose under the regulations; (

f) respecting the costs and a llowances for which the Crown may consent to be liable in relation to the Crown’s royalty share of a mineral; (

g) respecting the respective rights, powers, liabilities and obligations of the Minister, the lessee and others in the event that the quantity of a mineral delivered to the Crown under the lessee’s agreement in a month is less than or greater than the quantity of the Crown’s royalty share of the mineral actually payable in respect of that month; (

h) respecting the transfer of title to the Crown’s royalty sh are of a mineral to the lessee or any other person after the recovery of the mineral; (

i) respecting the determination and payment to the Crown of compensation in respect of the Crown’s royalty share of a mineral, where the Crown’s title to that share is transferred pursuant to regulations under clause (h); (

j) respecting the delivery of a mineral or of a product obtained from a mineral in exchange for, or on account of, or in lieu of, the Crown’s royalty share of a mineral or of a product obtained from a mineral.

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(3) Without limiting the powers of the Lieutenant Governor in Council under subsection (2)(g), regulations may be made under that clause (

a) respecting the powers of th e Minister, in the event of a deficiency in deliveries of the quantity of the Crown’s royalty share of a mineral under an agreement in a month, to require that the default under the agreement resulting from the deficient delivery be remedied in a subsequent month by either (

i) the delivery in kind to the Crown of the deficient quantity in that subsequent month, or (ii) the payment to the Crown in that subsequent month of an amount of money determined in accordance with the regulations as the value to the Crown of the deficient quantity, whichever the Minister directs; (

b) respecting the powers of the Minister, in the event of deliveries of a mineral to the Crown in excess of the quantity of the Crown’s royalty share of the mineral in a month, to act as the agent of the owner of the excess quantity for the sale and delivery of the excess quantity to a purchaser in accordance with the regulations.

(3.1) Without limiting the powers of the Lieutenant Governor in Council under subsection (2)(j), regulations may be made under that clause (

a) authorizing or requiring, or providing for the authorizing or requiring, of deliveries referred to in subsection (2)(j); (

b) respecting the persons auth orized or required to participate in a delivery referred to in subsection (2)(j); (

c) respecting the terms governing deliveries referred to in subsection (2)(j); (

d) respecting the rights, po wers, duties, functions, liabilities and obligations of the Minister, the Alberta Petroleum Marketing Commission, a lessee or any other person in relation to deliveries referred to in subsection (2)(j), including, without limitation, in relation to excess or deficient deliveries of a mineral, a product obtained from a mineral, the Crown’s royalty share of a mineral or the

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Chapter M-17 MINES AND MINERALS ACT 41 Crown’s royalty share of a product obtained from a mineral, for the purposes of such deliveries; (

e) respecting estimation by t he Minister or the Alberta Petroleum Marketing Commission of the Crown’s royalty share of a mineral or of a product obtained from a mineral for the purposes of deliveries referred to in subsection (2)(j); (

f) respecting the acquisition by the Minister or the Alberta Petroleum Marketing Commission of anything required for the purposes of, or in connection with, deliveries referred to in subsection (2)(j); (

g) respecting the specificatio ns applicable to any mineral or product obtained from a mineral to be provided to the Crown in deliveries referred to in subsection (2)(j); (

h) respecting the determination or prescribing of adjustments and prices and the application of adjustments and prices for any purpose in relation to deliveries referred to in subsection (2)(j); (

i) respecting the establishmen t and operation of a market for the purposes of deliveries referred to in subsection (2)(j).

(4) The Lieutenant Governor in Council may make regulations (

a) prescribing a money roya lty on a mineral instead of a royalty in kind; (

b) authorizing the Minister to determine any component or value in the calculation of a money royalty on a mineral; (

c) authorizing the Minister to determine the costs and allowances that may be deducted in computing a money royalty on a mineral.

(5) Regulations made under this

section may relate to (

a) a specified mineral o r class of minerals, or (

b) a specified agreement or class of agreements.

(5.1) The Minister may make regulations (

a) respecting the determination of any component or value in the calculation of the royalty on a mineral; (

b) respecting the determination of any component or value in the calculation of

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i) a money royalty, (ii) amounts owing to the Crown in respect of the Crown’s royalty share of a mineral when the Crown’s royalty share is disposed of by an agent, or (iii) royalty compensation.

(5.2) The Lieutenant Governor in Council may make regulations (

a) prescribing an amount, item or matter for the purpose of

section 38(1)(b); (

b) respecting the examination of a record under

section 38; (

c) respecting, for the purpose of

section 38(3), the amending of a record and the submission of additional documents or information; (

d) respecting the determination of the calendar years for the purpose of

section 38; (

e) respecting the period for making an amendment, conducting an examination and making a calculation of costs, charges, expenses, interest and penalties for the purpose of

section 38(10); (

f) respecting persons who are authorized to make an objection under

section 39; (

g) respecting the making, reviewing and resolving of an objection under

section 39; (

h) respecting the application of amendments made by

section 6(4), (5) and (6) of the Statutes Amendment Act, 2014.

(6) If regulations are made under this

section respecting the calculation of royalty on a mineral recovered pursuant to an agreement subject to a unit agreement or unit operation order, the regulations operate notwithstanding anything in the unit agreement or unit operation order.

(7) Repealed 2008 c36 s7.

(8) A regulation made under this section, or an order made pursuant to a regulation made under this section, may be made effective with reference to a period occurring before it is made.

(9) No compensation is payable for goods or services provided pursuant to regulations under subsection (2)(c.1) other than the

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Chapter M-17 MINES AND MINERALS ACT 43 consideration, or charges instead of consideration, determined under the regulations. RSA 2000 cM-17 s36;2008 c36 s7;2014 c8 s6;2019 c9 s4; 2020 cG-5.5 s31 Artificial or undue reduction in royalty 37 If, in the opinion of the Minister, the result of one or more acts, agreements, arrangements, transactions or operations is to artificially or unduly reduce (

a) the Crown’s royalty share in respect of a mineral, (

b) the amount owing on account of a money royalty, (

c) the amount owing in respect of the disposal of the Crown’s royalty share by an agent, or (

d) the amount owing on account of royalty compensation, the royalty share or the amount owing shall be calculated as if the act, agreement, arrangement, transaction or operation had not taken place. 1983 c36 s6;1992 c20 s3;1994 c22 s7 Examinations, amendments and calculations 38(1) In this

section and

section 39, (a) “calculation” includes a recalculation or additional calculation, as applicable; (b) “prescribed matter” mean s an amount, item or matter prescribed by the regulations; (c) “record” means a record, submission, filing or other reporting, whether in written or electronic form; (d) “reporting person” means a person responsible under the regulations for providing a record in relation to a prescribed matter.

(2) The Minister may, in accordance with this

section and the regulations, examine any record submitted by a reporting person or any other person authorized by the reporting person in respect of a calculation of a prescribed matter.

(3) In accordance with this

section and the regulations, the reporting person, or any other person authorized by the reporting person,

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Chapter M-17 MINES AND MINERALS ACT 44 (

a) may amend any submitted re cord referred to in subsection (2), and (

b) shall submit any additional documents or information required by and satisfactory to the Minister in support of any amendment made under clause (a).

(4) An amendment made under subsection (3) must be made no later than 3 years after the end of the calendar year determined under the regulations.

(5) The Minister may, in examining a record, conduct an audit of the submitted records or conduct any other form of examination determined by the Minister.

(6) An examination referred to in subsection (5) must be completed no later than 5 years after the end of the calendar year determined under the regulations.

(7) If, after the completion of an examination under subsection (5), the Minister determines that a calculation in respect of a prescribed matter is required, the Minister shall provide a notice of the Minister’s determination to the reporting person whose record is the subject of the examination.

(8) A calculation referred to in subsection (7), including any related interest and penalties, must be made no later than 5 years and 6 months after the end of the calendar year determined under the regulations.

(9) Notwithstanding subsections (3) to (8), the Minister may at any time conduct an examination under this

section and make a calculation under subsection (7) if a reporting person or any other person authorized by the reporting person has made any misrepresentation that is attributable to neglect, carelessness or wilful default or has committed a fraud in providing any record or other information under this Act or the regulations.

(10) Notwithstanding anything in this section, the period for making an amendment, conducting an examination and making a calculation of costs, charges, expenses, interest and penalties relating to reclamation in respect of a mine or mining operations is to be determined under the regulations. RSA 2000 cM-17 s38;2003 c18 s10;2008 c36 s8; 2010 c14 s2;2014 c8 s6 Objections 39(1) In this section, “authorized person” means a person who (

a) is provided a notice under

section 38(7), or

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Chapter M-17 MINES AND MINERALS ACT 45 (

b) is authorized by the regulations to make an objection.

(2) An authorized person may, in accordance with the regulations, object (

a) to a determination made by the Minister referred to in a notice provided under

section 38(7), and (

b) to a calculation referred to in

section 38(7), but only as to the mathematical correctness of the calculation.

(3) On receipt of an objection under subsection (2), the Minister shall, in accordance with the regulations, review the objection.

(4) After a review of an objection, the Minister may make any calculation in respect of any prescribed matter referred to in the objection, including any related interest and penalties, and shall provide a notice of the calculation to the authorized person.

(5) The Minister, in reviewing an objection under subsection (3) or making a calculation under subsection (4), may only consider (

a) in respect of an objection referred to in subsection (2)(a ), information previously provided in respect of (

i) an amendment made under

section 38(3) completed for the same period to which the objection relates, (ii) an examination under

section 38 completed for the same period to which the objection relates, or (iii) a record completed in accordance with the regulations for the same period to which the objection relates, a n d (

b) in respect of an objection referred to in subsection (2)(

b) or a calculation made under subsection (4), information in respect of the mathematical correctness of a calculation, and of any interest or penalty levied with respect to the calculation. RSA 2000 cM-17 s39;2003 c18 s10;2008 c36 s9; 2014 c8 s9 Limitation of actions 39.1(1) In this section, (a) “calculation period” means, in respect of a prescribed matter referred to in

section 38(2), the applicable period of time under

section 38, including any extensions of that period

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Chapter M-17 MINES AND MINERALS ACT 46 permitted by this Act, to calculate, recalculate or make additional calculations in respect of that prescribed matter; (b) “claim” means claim as def ined in

section 1(

a) of the Limitations Act; (c) “remedial order” means remedial order as defined in sectio n 1(

i) of the Limitations Act.

(2) The Limitations Act does not apply to a claim (

a) in respect of a prescribed m atter referred to in

section 38(2) or in respect of an overpayment of a prescribed matter; (

b) in respect of an amount payable to the Crown under

section 55 or in respect of an overpayment of that amount; (

c) by the Crown to establish or confirm the Crown’s ownership of any mines or minerals; (

d) by the Crown for an accoun ting in relation to any benefit derived by someone other than the Crown from any mines or minerals the Crown’s ownership of which is established or confirmed in relation to a claim under clause (c).

(3) No proceedings may be commenced by the Crown or any other person for a remedial order in respect of a claim for an amount or an overpayment of an amount referred to in subsection (2)(

a) more than 3 years after the end of the calculation period for that amount. (4) Subsection (3) does not apply in respect of a claim by the Crown for an amount or an overpayment of an amount referred to in subsection (2)(

a) where the calculation period for the amount arises under

section 38(9).

(5) No proceedings may be commenced by the Crown or any other person for a remedial order in respect of a claim for an amount or an overpayment of an amount referred to in subsection (2)(

b) more than 2 years after the date on which the direction to pay was issued under

section 55 in respect of the amount. 2003 c18 s10;2009 c20 s5;2014 c8 s6 Annual rental 40 Where the annual rental provided for in an agreement differs from the annual rental prescribed for the agreement by the regulations, the annual rental prescribed by the regulations prevails. 1990 c28 s4

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Chapter M-17 MINES AND MINERALS ACT 47 Application of payment 41 Where a person owes more than one amount under this Act, in respect of agreements or otherwise, and payment is made in respect of any of those amounts, the Minister may, subject to the regulations, determine the order in which, and the extent to which, the payment will be applied among those amounts, whether or not the person specifies how the payment is to be applied.

RSA 2000 cM-17 s41;2003 c18 s11 Failure to pay interest 42 The Minister has the same remedies and powers in relation to the failure to pay interest owing to the Crown in right of Alberta under this Act that the Minister has in relation to the failure to pay the principal amount on which the interest is computed. 1983 c36 s6 Notice to pay Crown 43(1) In this section, “debtor” means a person indebted to the Crown in right of Alberta for any amount owing under this Act or any other enactment under the administration of the Minister.

(2) If the Minister has knowledge or suspects that a person is or is about to become indebted or liable to make any payment to a debtor, the Minister may, by a notice, require that person to pay the money otherwise payable to the debtor to the Minister on account of the debtor’s liability referred to in subsection (1).

(3) If a notice is given to a person pursuant to subsection (2), the requirement to pay is applicable to all future payments by that person to the debtor until the debtor’s liability referred to in subsection (1) is fully satisfied.

(4) The receipt by the Minister of money paid as required under subsection (2) or (3) is a good and sufficient discharge of the liability to the debtor to the extent of the payment.

(5) A person who discharges any liability to the debtor without complying with a notice given to the person pursuant to subsection (2) is liable to pay to the Minister an amount equal to the liability discharged or the amount the person was required to pay to the Minister, whichever is the lesser.

(6) If a person carries on business under a name or style other than the person’s own name, a notice to that person under subsection (2) (

a) may be addressed to the name or style under which the person carries on business, and

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Chapter M-17 MINES AND MINERALS ACT 48 (

b) is validly given if it is lef t with an adult person employed at the place of business of the addressee.

(7) If 2 or more persons carry on business as a partnership, a notice to those persons under subsection (2) (

a) may be addressed to t he partnership name, and (

b) is validly given if it is given to one of the partners or left with an adult person employed at the place of business of the partnership. 1983 c36 s6;1992 c20 s5;1994 c22 s11;1997 c17 s17 General Implied reservations to Crown 44 There is implied in every disposition any and all reservations that are required to be made on the disposal of any mineral rights owned by the Crown in right of Alberta. 1983 c36 s6 Cancellation of agreement 45(1) The Minister may cancel an agreement if (

a) there is a breach of any condition contained in the agreement and the breach by its nature is not capable of being remedied, (

b) the lessee has not complied with a notice given under this Act with respect to the agreement or with a notice given under the agreement, or (

c) subject to subsection (2), the lessee has not complied wit h (

i) this Act or the regulations in relation to the agreement, (ii) a covenant unde r the agreement, or (iii) a condition contained in the agreement, where the default in complying with the condition is by its nature capable of being remedied.

(2) The Minister may not cancel an agreement pursuant to subsection (1)(

c) unless (

a) the Minister has given a notice to the lessee stating the nature of the default and that the Minister will cancel the agreement if the default is not remedied before the expiration of the 30-day period following the date on the notice, and

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b) the default is not remedie d within the 30-day period.

(3) The right of the Minister to cancel an agreement pursuant to the terms of the agreement is in addition to any power of the Minister to cancel the agreement under this Act.

(4) This

section does not preclude the making of regulations conferring on the Minister the power to cancel an agreement as to part of its location or as to any zone or subsurface area underlying all or part of its location. RSA 2000 cM-17 s45;2016 c18 s12 Remedy of Crown 46(1) The existence or exercise of any remedy that the Crown in right of Alberta has under this Act or an agreement does not affect any other remedy that the Crown has at law in respect of a mineral or mineral right or a subsurface reservoir that is the property of the Crown in right of Alberta.

(1.1) The existence or exercise of any remedy that the Crown in right of Alberta has under this Act or an agreement does not affect any other remedy that the Crown has at law in respect of the right granted under an agreement to explore for, develop and recover geothermal resources.

(2) Notwithstanding the provisions of an agreement, a demand for or acceptance of rental or royalty deliverable or payable under the agreement or of an amount owing on account of a money royalty or royalty compensation or in respect of the disposal of the Crown’s royalty share of a mineral by an agent is not deemed a waiver of the right of the Minister (

a) to enforce comp liance with a regulation or a term or condition of the agreement, or (

b) to cancel the agreement for breach of a regulation or a term or condition of the agreement.

(3) Notwithstanding anything in this Act or an agreement, a waiver on behalf of the Crown in right of Alberta of a breach of a term or condition of the agreement (

a) shall be made by the Minister in writing, and (

b) does not limit or affect the rights of the Crown in respec t of any other breach.

(4) Where any amount is owing by any person to the Crown in right of Alberta or a Provincial agency as defined in the Financial Administration Act, whether under this Act or otherwise, the

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Chapter M-17 MINES AND MINERALS ACT 50 Minister may recover that amount by way of set-off against any amount owing to that person by the Crown in right of Alberta in respect of an agreement or pursuant to this Act or any other enactment under the administration of the Minister. RSA 2000 cM-17 s46;2003 c18 s12;2010 c14 s2;2020 cG-5.5 s31 Deposits 46.1(1) Any money paid by a person to the Crown in right of Alberta under this or any other enactment under the administration of the Minister as a deposit or to increase a deposit (

a) is to be paid into the General Revenue Fund, and (

b) is to be refunded to that person when that person is no longer required to maintain the deposit.

(2) Notwithstanding subsection (1)(b), any amount to be refunded to a person under subsection (1) is subject to any rights of the Crown in right of Alberta to set off against the refundable amounts any amount owing by that person to the Crown in right of Alberta. 2003 c18 s13 Records 47(1) A person required to do so by the regulations shall keep records in accordance with the regulations.

(2) The records shall be kept (

a) at the person’s place of business in Alberta, (

b) if the person has no place of business in Alberta, at a place in Alberta prescribed by the regulations, or (

c) subject to any terms and conditions the Minister may impose, at a place in Alberta or elsewhere approved in writing by the Minister.

(3) The records must be kept until the expiration of the period referred to in the regulations.

(4) Repealed 2014 c8 s6.

(5) The Minister may at any reasonable time enter any place where a business is carried on by a person required to keep records under this Act, if the Minister does so for the purpose of auditing or examining records that are required to be kept under this Act.

(6) A person having possession of any records referred to in subsection (5) shall, for the purposes of an audit or examination under that subsection,

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a) provide access to that place by the Minister or any persons conducting the audit or examination on the Minister’s behalf, (

b) give all reasonable assistan ce to the Minister and those persons, (

c) provide or make available information and records required by the Minister or any of those persons, including information in the possession of agents or employees of that person and located elsewhere, and answer questions relating to those records, and (

d) provide a copy of any infor mation or records required by the Minister or those persons. RSA 2000 cM-17 s47;2014 c8 s6 Return of information 48(1) The Minister may, by notice in writing, require any person to submit to the Minister, within the time stated in the notice, (

a) a written return showing in detail any information require d by the notice if it relates to or is incidental to (

i) any operations that are or were conducted on the location of an agreement, (ii) the minerals recovered fro m the location or any products obtained by processing those minerals or by reprocessing the products obtained by processing those minerals, or the disposal of those minerals or products, or (iii) the costs of recovering any minerals from the location or of obtaining any products by processing those minerals or by reprocessing the products obtained by processing those minerals, o r (

b) a return containing or pertaining to any records if the records relate to anything mentioned in clause (a)(i), (ii) or (iii) and are sufficiently described in the notice to enable them to be identified.

(2) The Minister may waive compliance with a notice given under this

section to the extent that the notice relates to records that are no longer required to be retained under

section 47 and have been destroyed.

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Chapter M-17 MINES AND MINERALS ACT 52

(3) The person to whom a notice is given under subsection (1) shall comply with the notice but may comply with a notice under subsection (1)(

b) by permitting any person designated by the Minister to audit the records to which the notice relates and, on the request of that person, to take them away for further examination or copying.

(4) Any record taken away under subsection (3) shall be returned to the person from whose custody it was taken within 21 days after it was taken or within any longer period that the Court of King’s Bench directs for cause or if agreed to by a person who is entitled to its return.

(5) An application to the Court of King’s Bench under subsection (4) shall be made on notice to the lessee or former lessee of the agreement concerned and, if the person from whom the record was taken was not the lessee or former lessee of the agreement, to that person.

(6) A document purporting to be certified by an employee of the Department responsible for its custody to be a copy of a record made pursuant to subsection (3) is admissible in evidence in any judicial proceeding and is, in the absence of evidence to the contrary, proof of the contents of the record without proof of the employee’s signature or appointment or of the employee’s responsibility for custody of the document. RSA 2000 cM-17 s48;AR 217/2022 Application to Court of King’s Bench 49(1) The Minister may apply ex parte to the Court of King’s Bench for an order that the Minister or a person authorized by the Minister may, for any purpose related to the administration of this Act, (

a) enter at all reasonable tim es into any place where a business of a person required to keep records under this Act specified in the application or of an agent or employee of that person is carried on, (

b) examine or seize and take away a record that is part of th e records of that person required to be kept under this Act, (

c) examine or seize and take away a record that, in the opini on of the Minister or person authorized by the Minister, will assist the Minister or authorized person in determining the accuracy of the records that are required to be kept under this Act, and

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Chapter M-17 MINES AND MINERALS ACT 53 (

d) require a person at the place of business to give the Mini ster or person authorized by the Minister all reasonable assistance in carrying out the Minister’s or authorized person’s powers under clauses (

b) and (c), and the Court, on being satisfied that an order is necessary for the proper administration of this Act, may make any order it considers appropriate.

(2) The Minister or any person authorized by the Minister may make copies of records seized under subsection (1) and may, instead of returning the original of a record, provide the person from whom it was seized or the person’s agent or employee with a copy of the record. RSA 2000 cM-17 s49;AR 217/2022 Confidential information 50(1) Except as provided under the regulations, no person shall communicate or allow to be communicated any record, return or information obtained under this Act to a person not legally entitled to that information or allow any person not legally entitled to that record, return or information to have access to any record, return or information obtained under this Act.

(1.1) For the purposes of subsection (1), a person is not legally entitled to a record, return or other information simply because the person has a right of access to it under the Access to Information Act.

(2) A person who knowingly receives records or information obtained under this Act holds the records or information subject to the same restrictions under subsection (1) that apply to the person from whom the records or information were received.

(3) With respect to any record, return or information obtained under this Act that would reveal geological work or geophysical work, subsection (1) prevails despite the Access to Information Act for a period of 15 years following the end of the year in which the record, return or information was obtained.

(4) With respect to information that (

a) was obtained on a royalty return, (

b) appears on a royalty acc ount, invoice or statement, (

c) was obtained for the purposes of determining or verifying royalty liability or collecting or forecasting royalty,

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Chapter M-17 MINES AND MINERALS ACT 54 (

d) was obtained for the purposes of determining, prescribing or verifying an amount, factor or other component that is used to calculate royalty, or (

e) was obtained for the purpos es of, or in connection with, the collecting, managing, processing, reprocessing, transporting, storing or disposing of the Crown’s royalty share of a mineral, or of a product obtained from a mineral, taken in kind, subsection (1) prevails despite the Access to Information Act for a period of 5 years following the end of the year to which the information relates.

(5) In this section, (a) “geological work” means reporting on, advising on, evaluating, interpreting, geological surveying, sampling or examining lithological, palaeontological, petrophysical or geochemical information related to any activity (

i) that is aimed at the discovery or development of minerals or water, or (ii) that is aimed at the in vestigation of geological conditions, and that requires th e application of the principles of the geological sciences; (b) “geophysical work” means geophysical reporting on, advising on, acquiring, processing, evaluating or interpreting geophysical data or geophysical surveying that relates to any activity (

i) that is aimed at the discovery or development of minerals or water, or (ii) that is aimed at the subsu rface investigation of the earth, and that requires th e application of the principles of the geophysical sciences; (c) “royalty” means royalty reserved to the Crown in right of Alberta on a mineral or a product obtained from a mineral, and includes royalty proceeds as defined in the regulations; (d) “royalty return” means a report or other record obtained under this Act or under an agreement entered into under

RSA 2000

Section 51

Chapter M-17 MINES AND MINERALS ACT 55

section 9 of this Act that is used to determine or verify royalty liability or to collect or forecast royalty.

RSA 2000 cM-17 s50;2002 c12 s3;2008 c36 s10;2014 c8 s6; 2020 c25 s10;AR 141/2025 Evidence 51 Notwithstanding any other Act or law, no Minister of the Crown and no person who is or was employed or engaged in the administration or enforcement of this Act shall be required, other than in proceedings relating to the administration or enforcement of this Act, to give evidence relating to any record, report, return, estimate, declaration, plan, map, survey or other information that is obtained under this Act or to produce anything containing that record, report, return, estimate, declaration, plan, map, survey or other information. 1983 c36 s6 Investigation and inspection 52(1) The Minister or a person designated by the Minister for the purpose may, from time to time or on a periodic basis, conduct an investigation or inspection in relation to any of the following: (

a) any well, battery, mine, quarry, installation, equipment o r other facility used or formerly used for or in connection with the recovery of a mineral pursuant to an agreement, or any plant or other facility used or formerly used for the processing of a mineral recovered pursuant to an agreement or of any product obtained from that mineral; (

b) any well, installation, equi pment or other facility used or formerly used for or in connection with the injection of a substance into a subsurface reservoir for the purpose of storage or sequestration; (

c) a mineral recovered pursuant to an agreement or any product obtained from such a mineral; (

d) the Crown’s royalty share of a mineral or of any product obtained from a mineral.

(2) An investigation or inspection under this

section may, without limitation, be conducted whether or not any mineral or product referred to in subsection (1) is or was commingled with any mineral recovered other than pursuant to an agreement or with any product obtained from such a mineral.

(3) A person conducting an investigation or inspection may enter into and have access to the site of the well, battery, mine, quarry, installation, equipment, plant or other facility to which the

RSA 2000

Section 53

Chapter M-17 MINES AND MINERALS ACT 56 investigation or inspection relates, and the lessee or other person in charge of it, and any person performing any operation or function in relation to it, shall (

a) render whatever assistance is requested by the person conducting the investigation or inspection, (

b) supply any information and samples requested by the person conducting the investigation or inspection, and (

c) provide access to any reports , plans, logs, data, designs, process control and engineering documents or other records requested by the person conducting the investigation or inspection, if it is, in the opinion of the person conducting the investigation or inspection, relevant to the investigation or inspection.

RSA 2000 cM-17 s52;2008 c36 s11;2010 c14 s2 Bidding at sales 53 No person shall, before or at the time of a sale by public tender of the right to an agreement, by intimidation, combination, unfair management or otherwise, hinder or prevent, or attempt to hinder or prevent, any other person from bidding on or making an offer for the agreement. 1983 c36 s6 Prohibition 54(1) No person shall (

a) win, work or recover a mineral, (

b) inject any substance into a subsurface reservoir, or (

c) recover geothermal resourc es associated with a mineral or subsurface reservoir that is the property of the Crown in right of Alberta unless the person is authorized to do so under this Act or by an agreement.

(2) The Minister, if the Minister has grounds to believe that a person has contravened subsection (1)(a), may order that the mineral and any installations and equipment used in connection with winning, working or recovering the mineral are forfeited to the Crown in right of Alberta free and clear of all interests, charges and liens.

(2.1) The Minister may, if the Minister has grounds to believe that a person has contravened subsection (1)(b), order that any installations and equipment used in connection with injecting a

RSA 2000

Section 55

Chapter M-17 MINES AND MINERALS ACT 57 substance into a subsurface reservoir are forfeited to the Crown in right of Alberta free and clear of all interests, charges and liens.

(2.2) The Minister, if the Minister has grounds to believe that a person has contravened subsection (1)(c), may order that the mineral and any installations and equipment used in connection with the exploration for and development and recovery of geothermal resources are forfeited to the Crown in right of Alberta free and clear of all interests, charges and liens.

(3) An order made under subsection (2), (2.1) or (2.2) may direct a person to seize, remove and sell any mineral, installations and equipment so forfeited in the manner and subject to the terms and conditions in the order.

(4) The Minister may order any mineral and any installations and equipment seized pursuant to this

section to be returned to the person in whose possession they were at the time of seizure.

(5) The Minister may authorize in writing the conducting of operations in respect of a mineral or subsurface reservoir that is the property of the Crown in right of Alberta and that is not the subject of an agreement issued under this Act where the Minister is of the opinion that the operations are desirable in respect of the exploration for or the development, processing or recovery of minerals, the sequestration of captured carbon dioxide or the exploration for or development or recovery of geothermal resources. RSA 2000 cM-17 s54;2010 c14 s2;2020 cG-5.5 s31 Compensation for unauthorized taking 55(1) Where the Minister has grounds to believe that a person has contravened

section 54(1), the Minister may do one or more of the following: (

a) in writing impose a penalty o n that person and direct that person to pay the penalty to the Minister within the time specified in the direction in an amount determined under the regulations; (a.1) in writing direct that pe rson to pay to the Minister within the time specified in the direction compensation in an amount determined under the regulations; (

b) in writing require that per son to forfeit to the Crown in right of Alberta any information or data obtained as a result of the contravention;

RSA 2000

Section 56

Chapter M-17 MINES AND MINERALS ACT 58 (

c) disqualify that person from bidding on an agreement if the Minister is of the opinion that information or data obtained as a result of the contravention may give that person an advantage over others in bidding for the agreement; (

d) cancel any agreement to which that person is a party where the Minister is of the opinion that information or data obtained as a result of the contravention may have given that person an advantage over others in acquiring the agreement.

(2) The Minister must refund the money paid to acquire an agreement that is cancelled under subsection (1)(d).

(3) Any compensation payable or penalty imposed pursuant to a direction under subsection (1) is recoverable by the Minister in an action in debt.

(4) Section 43 applies to any compensation or penalty owing under this

section in the same way as if it were liability in respect of royalty on a mineral. RSA 2000 cM-17 s55;2003 c18 s14;2005 c28 s5 Injection wells 56(1) Subject to

section 57, a person has, as against the Crown in right of Alberta, (

a) the right to use a well or drill a well for the injection of any substance into an underground formation, if the person is required by or has the approval of the Alberta Energy Regulator to do so, and (

b) the right to remove and withdraw any machinery, tool, plan t, building, erection and fixture used in or in connection with the operation of that well, if the removal or withdrawal is approved by the Regulator.

(2) A person who exercises a right referred to in subsection (1)(a) (

a) shall indemnify the Crown in right of Alberta for loss or damage suffered by the Crown in respect of any claims or demands made by reason of anything done by that person or any other person on that person’s behalf in the exercise or purported exercise of that right, and (

b) shall abandon the well when so directed or authorized by t he Alberta Energy Regulator, in accordance with the directions of the Regulator. RSA 2000 cM-17 s56;2005 c28 s8;2007 cA-37.2 s82(16); 2012 cR-17.3 s94

RSA 2000

Section 57

Chapter M-17 MINES AND MINERALS ACT 59 Ownership of storage rights, etc. 57(1) Subject to subsection (2), (

a) where a person owns the title to petroleum and natural gas in any land, that person is the owner of the storage rights with respect to every underground formation within that land, and (

b) where one person owns the title to petroleum in any land and another person owns the title to natural gas in the same land, those persons are co-owners of the storage rights with respect to every underground formation within that land.

(2) Where a person owns the title to a mineral in any land and operations for the recovery of the mineral result or have resulted in the creation of a subsurface cavern in that land, that person is the owner of the storage rights with respect to that subsurface cavern to the extent that it lies within that land.

(3) A person who has storage rights in respect of a subsurface cavern within any land has the right to recover any fluid mineral substance stored in that cavern, to the exclusion of any other person having the right to recover a mineral from the same land.

(4) In subsections (1) to (3), “person” includes the Crown in right of Alberta.

(5) Where the Crown in right of Alberta owns storage rights in respect of a subsurface reservoir pursuant to subsection (1) or (2), no person has, as against the Crown, any storage rights in respect of that reservoir except under (

a) a unit agreement to whi ch the Crown is a party, (

b) a contract entered int o under

section 9(a), or (

c) an agreement issued (

i) under

section 9(

b) or (c), or (ii) under the regulations, that expressly conveys storage rights in respect of that reservoir. RSA 2000 cM-17 s57;2010 c14 s2;2014 c8 s6;2020 c25 s10 Right to work through the pore space and other minerals 58(1) Any person who has the right to any mineral or the right to work it may work through the pore space and any other mineral in the same tract to the extent necessary to obtain the person’s mineral, without permission from or compensation to any other

RSA 2000

Section 59

Chapter M-17 MINES AND MINERALS ACT 60 person for the right to work through the pore space or the other mineral, subject, however, to this Act and the provisions of any other Act affecting the exercise of that right.

(2) Any person who has storage rights in respect of a subsurface reservoir may work through the pore space and any mineral in the same tract to which the storage rights relate to the extent necessary to exercise those storage rights, without permission from or compensation to any other person for the right to work through the pore space or that mineral, subject, however, to this Act and the provisions of any other Act affecting the exercise of that right.

(3) A person who has entered into an agreement with the Minister under

Part 9 may work through the pore space and any mineral in the same tract to which the agreement relates to the extent necessary to exercise the rights granted in that agreement, without permission from or compensation to any other person for the right to work through the pore space or that mineral, subject, however, to this Act and the provisions of any other Act affecting the exercise of that right.

(4) Any person who has the right to explore for, develop or recover a geothermal resource may work through the pore space and any mineral in the same tract to the extent necessary to exercise those rights of exploration, development and recovery, without permissions from or compensation to any other person for the right to work through the pore space or that mineral, subject, however, to this Act, the regulations, an agreement under this Act and the provisions of any other enactment affecting the exercise of that right.

RSA 2000 cM-17 s58;2010 c14 s2;2020 cG-5.5 s31 Right to work through the pore space and minerals outside tract 59(1) Any person who has the right to any mineral or the right to work it in a tract and who has obtained a licence under the Oil and Gas Conservation Act to drill a well for the recovery of the mineral may, if the orifice of the well is located outside the tract, work through the pore space and all minerals outside the tract to the extent necessary to obtain the person’s mineral for the recovery of which the licence was granted, without permission from or compensation to any other person for the right to work through the pore space or the minerals outside the tract, subject, however, to this Act and the provisions of any other Act affecting the exercise of that right.

(2) A person who has storage rights in respect of a subsurface reservoir and who has obtained a licence under the Oil and Gas Conservation Act to drill a well completed or to be completed in that reservoir may, if the orifice of the well is located outside the

RSA 2000

Section 60

Chapter M-17 MINES AND MINERALS ACT 61 tract to which the storage rights extend, work through the pore space and all minerals outside the tract to the extent necessary to drill, complete and operate the well, without permission from or compensation to any other person for the right to work through the pore space or the minerals outside the tract, subject, however, to this Act and the provisions of any other Act affecting the exercise of that right.

(3) Any person who has the right to explore for or recover a geothermal resource and who has obtained a licence under the Geothermal Resource Development Act or the Oil and Gas Conservation Act to drill a well for the exploration for or development or recovery of the geothermal resource may, if the orifice of the well is located outside the tract, work through the pore space and all minerals outside the tract to the extent necessary to obtain the geothermal resource for the recovery of which the licence was granted, without permission from or compensation to any other person for the right to work through the pore space or the minerals outside the tract, subject, however, to this Act, the regulations, and the provisions of any other enactment affecting the exercise of that right.

RSA 2000 cM-17 s59;2010 c14 s2;2020 cG-5.5 s31 Right to enter to remedy defaults 60(1) If the Minister has reason to believe that operations on any location are being conducted in such a manner as to expose others to the risk of damage or loss, the Minister may authorize any person to enter the mine, quarry, works, plant, buildings and structures on the location and to remain for

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cM-17
Type	statute
Volume / chapter	RSA 2000 cM-17
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	deb9dd14ca48aad6c05ea41dd5004e99963618d1

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