Bill 53 (Legislature 11, Session 4)

L11 S4 6964

Alberta — Bills

Bill No. 53 of 1951. A BILL 'TO AMEND THE MINES AND MINERALS ACT. NOTE. This Bill amends The Mines and Minerals Act, being

chapter 66 of the Statutes of Alberta, 1949. Four of the

definitions in

section 2, subsection (1) are amended. Clause (

u) defining "mineral" is rewritten for clarifi.cation. Clause (

v) defining "mineral -claim" is changed to make it clearer that the tract may be staked under either of

Part II or

Part III of the Act. Clause (aa) defining "ofiker" refers to an appointment pursuant to The Public Service Act and as such appointments are now made pursuant to The Public Service Act, 1947, the defini tion is changed a-ccordingly. The definition of "owner" in clause (bb) is replaced by a new definition by which the owner may be more easily and definitely determined.

Section 4 dealing with school minerals has been changed. The old

section provided that minerals underlying s-chool lands which are set apart as an educational endowment are administered under the Act. By an amendment made in March, 1946, to the former The Provincial Lands Act, lands -could be taken out of s·chool lands to be used in con nection with veterans' re-establishment measures if they were replaced by other lands. Following that enactment some selections of lands to be taken from school lands for that purpose was made. The new

section will make it clear that the school minerals will be those minerals that were s-chool minerals in 1946 plus the school endowment sections in townships subsequently 'coming under survey. This

section will not affect the rights which were received by veterans under the re-establishment measures. It will per mit the carrying out of the 1946 provisions regarding s·chooI lands without -concern for mineral rights.

Section 7 is amended f.or clarification.

Section 8, for convenience of reference, lists the parts and headings that are to follow in the A·ct. This is amended by the addition of new headings added to the Act. Sections 10 and 11 contain references to The Public Service Act. These are amended in the same manner as

section 2, subsection (1), clause (aa) so that the reference will be to The Public Service Act,

Section 19 sets out the powers of the Lieutenant Governor in Council under the provisions of the Act and is amended in two particulars. Clause (

g) authorizing the es!ablish ment of a tariff of fees is amended so that the tarIff may cover fees for mineral claims and for applications. A new clause, clause (k), is added which authorizes the exchange of school minerals for other minerals and provides that the minerals obtained in exchange would become school min erals. The new clause is similar to clause (

a) dealing with the exchange of Crown minerals generally but has the additional provision authorizing the change in the school mineral establishment. A new

section 25a is added. It provides that a person entitled to work minerals may go through other nlinerals for the purpose of working the minerals to which he is entitled. The Right of Entry Arbitration Act would enable such a person to obtain the necessary right of entry as far as the surface of the land goes by providing the machinery for making an adjustment with the surface occupier. The new

section gives him also the right to work through inter vening subsurface minerals. Subsection (1) of

section 34 is amended for clarification.

Section 41 is also amended for clarification.

Section 54 deals with the disposition of moneys obtained from school minerals. This

section is amended to bring it in line with the new

section 4 dealing with school minerals.

Section 57 is the

interpretation

section for

Part II of the Act and is amended by adding a definition of "holder".

Section 64 is amended for clarification.

Section 81, subsection (3) is amended to make it clear that one of the requirements in the recording of the mineral claim is the payment of the prescribed fee. This was for merly provided for in

section

Section 86 deals with the issuing of a certifi'cate of record of a quartz claim. It is also amended so that the claimant m'ay obtain his certificate as soon as the application is made. Sections 88 and 106 are amended in the same manner as

section 64 for clarification. " In se~tion .90 ~he word '.'grantee" is replaced by the word holder whIch IS now beIng defined in the Act. ~ecti0!l 97,. subsection (1) is ~mended to obtain greater unIformIty wIth the parallel

sectIOn in

Part III of the Act to include reference to the amended

section 102 and t~ provide for payment of a fee for 'certifi,cate of work.

Section 102 provides that where there is a dispute as to who is entitled to a quartz claim the person who first staked it will be the one entitled. The amendment to this

section provides a mechanism whereby final decision may be made as to which is the person so entitled.

iii S~tion 105 is al!le1}ded to make it clear what proof is requIred to come wIthIn that

section . .

Section ~07, subsection (1) is now amended in two par bculars. FIrstly, the word "holder" now defined in

section 57, is made use of. Se-condly, provision is made for payment of the pres'cribed fee before the issue of a certifi-cate of improvements. &;-ction 108 is clarified by including reference to the postIng· of a plan of the claim which is already indirectly :eferred to ?y reference to the preceding provision requir Ing the postIng. Also, there is deleted from the

section the qualification requiring the absence from the area of others engaged in prospecting, as this cannot often be ascertained in a pra-cti-cal way.

Section 134, subse-ction (4) is also clarified by amendments.

Section 161 is the

interpretation

section for

Part III of the Act 'and a definition of the word "holder" is added.

Section 174 deals with the recording of a placer -claim. Two new subsections are added, one providing for payment of the prescribed fee and the other subsection, similar to the parallel provision in

Part II, providing for lapse of a -claim that is not recorded within the prescribed period.

Section 175 is struck out and replaced by a new

section similar to one in

Part II, providing for the obtaining of a certificate of record of placer -claim.

Section 179, subsection (3) is amended for the purpose of clarification and uniformity with

Part II of the Act. A new

section 181a is added so that in the event of more than one person staking a placer claim the rightful claimant can be finally determined. A new

section is substituted for

section 182. The pro visions of subsection (1) of the old

section are now covered by the provisions of sections 174 and 175 as amended. The new

section 182 covers the matters formerly dealt with in subsection (2) of the old

section but amended to include reference to the new

section 181a and to obtain greater uniformity with

Part II of the Act.

Section 188 is amended so that it will parallel

section 105 in

Part II. Amendment is made to sections 194 and 195. The former

section 195 is renumbered and now becomes subsection (3) of

section 194. In pla'ce of the former

section 195 ,a new heading and

section are placed in the Act providing for a survey of a claim in the ,case of dispute as to boundaries or uncertainty as to the location. Such surveys were for merly provided for by regulation rather than statutory provision.

Section 233 deals with the descriptions of leased areas in petroleum and natural gas leases in surveyed territory. An e~ception, permitting leases out of a reservation of legal subdivisions or parts thereof, is authorized where the applicant holds other similar rights in the balance of the legal subdivision or the adjoining legal subdivision, and subsection (3) states that such a lease will remain in force so long as the applicant continues to hold the other rights.

This is amended so that the lease will remain in force so long as the lessee continues to hold the other rights, thus enabling the applicant, after obtaining the lease, to assign his holdings. Subjection (4) provides that in certain cases lands within a mile of a surveyed line may be deemed to be surveyed. It is amended by deletion of the words "out of a reservation" so that the provision will apply in any case of application for a lease. A new heading, "Reservations and Li,censes" is added preceding

section 275. A new

section 275a is added, providing for the establish ment of regulations governing the licensing of natural gas rights. The Bill comes into force upon assent except for

section 36 which is deemed to have been in force since January 29, 1951. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 53 of 1951.

An Act to amend The Mines and Minerals Act. (Assented to , 1951.) HIS _MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Mines and Minerals Act, being

chapter 66 of the Statutes of Alberta, 1949, is hereby amended.

Section 2, subsection (1) is ameIided,- sectlodn d2 amen e (

a) by striking out clause (

u) and by substituting the following: " (u) 'mineral' means all naturally occurring min- "mineral" erals, and without derogating from the gener- ality of the foregoing includes gold, silver, uranium, platinum, pitchblende and other minerals from which radium is or may be obtained, precious stones, copper, iron, tin, zinc, asbestos, salt, sulphu'r, petroleum, oil, asphalt, tar sands, natural gas,coal, limestone, granite, slate, shale, marble, sandstone, and any other stone which is or may be quarried or otherwise mined for any purpose, sand, gravel, gypsum, clay, marl and volcanic ash, but does not include sand and gravel that be- longs to the owner of the surface of land under The Sand and Gravel Act;" ; (

b) by striking .out the words and figures "Parts II and III", where they occur in clause (

v) and by sub stituting the words and figures "Part II or

Part III" ; (

c) by adding immediately after the words "The Public Service Act" where they occur in clause (aa) the figures ", 194 7"; (

d) by striking out clause (bb) and by substituting the following: " (bb) 'owner' when used in

Part II or

Part III of "owner" this Act means the holder according to the records of the Department of a mineral claim ;".

Section 4 is struck out and the following is substituted: Sectiodn d4 amen e "4. This Act applies to all minerals set apart as an en- S~hool dowment for the purposes of education which are designated mmerals school minerals, and are,-

Section 7 amended

Section 8 amended Sections 10 and 11 amended

Section 19 amended to exchange school minerals 2 "(

a) the minerals which were comprised in school lands on the twenty-sixth day of March, 1946; and "(

b) the minerals vested in or belonging to the Crown in the right of the P;rovince in se.ctions eleven and twenty-nine in every township or part thereof as indicated on the plan of survey approved and con firmed by the Director of Surveys after the twenty-sixth day of March, 1946.".

Section 7 is amended by striking out the words "said provision and order" and by substituting the words "said provision or order".

Section 8 is amended,- (

a) by adding immediately following the heading "Acquisition of Claims ............... 59-64" the heading "Application for Lease of Iron and Other Minerals ................ 64a"; (

b) by adding immediately following the heading "Recording Claims ................ 173-181" the heading "Disputes ................ 181a" ; (

c) by striking out the figures "195" where they occur in the heading "Claims of Deceased or Insane Per- sons ................ 193-195" and by substituting the figures "194"; (

d) by adding immedia tely following the heading "Claims of Deceased or Insane Persons .............. .. 193-194" the heading "Surveys ................ 195" ; (

e) by striking out the figures "275" where they occur in the heading "Crown Reserves ................ 272-275" and by substituting the figures "274"; (

f) by adding immediately following the heading "Crown Reserves ............... 272-274" the heading "Reservations and Licenses ............... . 275-275a". 6. Sections 10 and 11 are amended by adding immediate ly after the words "The Public Service Act", wherever they occur, the figures ", 1947".

Section 19 is amended,- (

a) by adding immediately after clause (c), subclause (iv) the following new subclause: " (

v) for the leasing or other disposal of the sand or gravel on or obtainable from the surface of land which is owned by the Crown;"; (

b) by adding immediately after the word "permit" in clause (g), subclause (

i) the words "mineral ciaim application," ; , (c) ~y adding immediately after clause (

j) the follow Ing new clause: "(

k) notwithstanding the provisions of

section 4 exchange any school minerals for other min~

8 erals in the Province with any person or 'corporation, if the reason for the exchange is set forth in the order, and thereupon the school minerals so exchanged shall no longer be school minerals and the other minerals shall become school minerals.". 8. The following new

section 2,5a is added immediately New after

section 25:

section 25a "2,5a. Notwithstanding the provisions of

section 5, any Right to person who has the right to any mineral or the right to ~~~~gh work the same may work through any other mineral in the ot~er same tract to the extent necessary to obtain his mineral, mmerals without permission from or compensation to any other person for the right to work through the other mineral, subject, however, to the provisions of this Act, The Coal Mines Regulation Act, The Oil and Gas Resources Conserva- tion Act, 1950, and The Quarries Regulation Act.

Section 34, subse,ction (1) is amended by striking out

Section 34 the word "thereon". amended

Section 41 is amended by striking out the word

Section 41 "forfeit" and by substituting the word ",cancel". amended

Section 54 is struck out and the following is sub- ~~!~Od~g4 stituted: "54. All moneys realized from school minerals after Money deducting the cost of management shall be paid annually ~;~z:~OOl into the General Revenue Fund of the Province toward the minerals support of schools organized and carried on in accordance with the law of the Province and the moneys so paid shall be distributed for that purpose by the Government in such manner as it deems expedient.". 12,.

Section 57 is amended by adding immediately after Secti~n g7 clause (

c) the following new clause: amen e "(d) 'holder' means the holder of a mineral claim ac- "holder" ,cording to the records of the Department.".

Section 64 is amended by striking out the words secti°dn d64 . h d b b t·t t· amen e "iron and mIca" wherever t ey oCrcur an y su s I u lng the words "iron or mica".

Section 81, subsection (3) is amended by adding

Section 81 . f th d" d· . t "th amended immedIately a ter e wor s recor lng requlremen s, e words "including the payment of the pres,cribed fee,". 15

Section 86 is struck out and the following is sub-

Section 86 • • amended stItuted: Certificate "86. A locator, having duly recorded a daim, may obtain of.record of ·ft t f d f . I I· f mmeral therefor a certI ca e 0 recor 0 mInera 'c aIm or one claim

Section 88 amended

Section 90 amended

Section 97 amended Require ments for certificate of work

Section 102 amended Priority in staking Minister may investigate No appeal from decision of Minister Cancellation of cer.tificate by Minister

Section 105 amended

Section 106 amended 4 year if he has furnished to the Mining Recorder all the particulars necessary for the record.".

Section 88 is amended by striking out the words "iron and mica" and by substituting the words "iron or mica".

Section 90 is amended by striking out the word "grantee" and by substituting the word "holder".

Section 97, subsection (1) is amended by striking out all that portion of subsection (1) preceding clause (

a) and by substituting the following: "97.

(1) Any person, having received a certificate of record of a mineral claim which has not been cancelled pursuant to the provisions of

section 102, shall be entitled to hold the daim for a period of one year from the date of recording the same, and thence from year to year upon payment of the prescribed fee for a certificate of work without the necessity of re-recording, if such person,-".

Section 102 is struck out and the following is sub stituted: "102.

(1) Where two or more persons lay claim to the same tract, or where the record indicates that a tract is comprised in the stakings of more than one mineral claim, then the person who was first to take possession of the tract by staking in the manner pres·cribed and has complied with the recording requirements, shall have the right to the certificate of record of mineral claim. "

(2) The person who has the right to the certificate in accordance with subse,ction (1) shall be determined by the Minister, who may consider evidence submitted by affidavit, and may have such other investigation made as he con siders the situation may warrant. "

(3) The decision of the Minister as to the right to a certificate shall be final and there shall be no appeal therefrom. "( 4) If a certificate has been issued to a person other than the one who is found to have the right to the tract the certi~c~te or such portion thereof as may be decided by the MInIster shall be can,celled by the Minister, and the record shall be amended ac-cordingly.".

Section 105 is amended by adding immediately after the word "proven" the words "to the satisfaction of the Minister" .

Section 106 is amended by striking out the words "iron and mica" and by substituting the words "iron or mica".

Section 107, subsection (1) is amended,-

Section 107 amended (

a) by striking out the word "lawful" where it first oc,curs; (

b) by adding immediately after the words "mineral claim" where they first occur the words ", upon payment of the prescribed fee,". 2,3.

Section 108 is amended -

Section 108 , amood~ (a). by striking out the words "and where other persons are not engaged in prospe,cting"; (

b) by adding immediately after the- word "waive" the words "posting of a -copy of the plan of the -claim,".

Section 134, subsection (4) is amended,-

Section 134 amended (

a) by striking out the word "rental" where it first occurs and by substituting the word "lease"; (

b) by striking .out the- words "iron and mica" and by substituting the words "iron or mica".

Section 161 is amended by striking out -clause (

d) Section 161 amended and by substituting the following: " (d) 'holder' means the holder of a claim a-ccording to "holder" the records of the Department;".

Section 174 is amended by ,adding immediately after Sectiodn J 74 subsection (3) the following new subsections: amen e "( 4) The application shall not be recorded until the pre- Pllment s-cribed fee has been paid. 0 ee "

(5) A daim which is not recorded within the prescribed Aba~don period shall be deemed to have been abandoned and for- fu~~eif~re feited, without any declaration of cancellation or abandon- of claim ment on the part of the Crown.". 2:7.

Section 175 is struck out and the following is sub-

Section 175 t 't t d amended S I U e : "175 A locator having duly recorded a claim may Certificate ., , of record of obtain therefor acertifi-cate of record of placer claim for placer claim one year if he has furnished to the Mining Recorder all the particulars necessary for the record.". 28 ..

Section 179, subsection (3) is amended by adding ~:!~Od~J79 immedIately after the word "mark" the words "the record of". 29. The following new heading and

section 181a are ~~TIon ISla added immediately after

section 181: "Disputes. h t 1 I · t th Priority in "181a.

(1) Were wo or more persons ay 'c aIm 0 e staking same tract or where the record indicates that a tract is comprised in the stakings of more than one placer -claim, then the person who was first to take possession of the

6 tract by staking in the manner prescribed and ha~ complied with the recording requirements, shall have the rIght to the certificate of record of placer ,claim. Minister may "

(2) The person who has the right to the ce.rtificate in investigate d b th accordance with subsection (1) shall be determIne y e No appeal from decision of Minister Cancellation of certificate by Minister

Section 182 amended Require ments for renewal of placer claim Renewal work

Section 188 amended Delays by officials

Section 194 amended Expense of working or keeping claims

Section 195 amended Minister who may consider evidence submitted by -affidavit, and ma~ have such other investigation made as he con- siders the situation may warrant. "

(3) The decision of the Minister as to the right to a certificate shall be final and there shall be no appeal therefrom. "( 4) If -a certifi'cate has been issued to a person other than the one who is found to have the right to the tract, the certificate or such portion thereof as may be decided by the Minister shall be cancelled by the Minister, and the record shall be amended accordingly.".

Section 182 is struck out and the following is sub stituted: "182. Any person, having received a certificate of record of placer -claim which has not been cancelled pursuant to

section 181a, shall be entitled to hold the ,claim for a period of one year from the date of recording lhe same, and thence from year to year upon payment of the renewal fee pre s'cribed, if such person,- "(

a) during the first year and during each succeeding year, does, or causes to be done, work on the claim to the value 'Of one hundred and fifty dollars whkh is satisfactory to the Mining Re,corder; and " (

b) flIes with the Mining Recorder within fourteen days after the date of the expiration of each year an affidavit made by him or his agent stating that such work has been done 'and setting out a de tailed statement thereof.".

Section 188 is struck out and the following is sub stituted: "188. No person shall suffer from any acts of ~mission or commission or delays on the part of any government official, if such can be proven to the satisfaction of the Minister.".

Section 194 is amended by adding immediately after subsection (2) the following new subsection: "

(3) All charges and eXpenS€08 which may be incurred by any person acting under the instructions of the Minister, in or about the working of such mining property, or in taking or keeping possession thereof, shall be and remain a first charge against the same until duly paid.".

Section 19,5 is struck out and the following new heading and

section is substituted:

" "Surveys. "195.

(1) Where there is any dispute as to boundaries Survey of or measurements or where in the opinion of the Minister ~~A~ior the definite location of a claim is necessary, he may employ Recorder an Alberta Land Surveyor to survey and define such claim, and the expense thereof shall be paid by the holder of the claim. "

(2) If the expense is not paid within sixty days from Expense of the. dat~ of the demand notice, the Minister may cancel the ~r:~y of claIm. "

(3) The plan of survey on linen tracing cloth together Filing of. with field notes shall be filed by the 'surveyor with the ~\~~~lo~~r Director of Mineral Rights and the survey so made shall ~!n~ial constitute the actual claim.". Ig s

Section 233 is amended,-

Section 233 (

a) by striking out the word "applicant", where it amended oc'curs in subsection (3), and by substituting the word "lessee"; (

b) by striking out the words "out of a reservation" where they occur in subsection (4). 35. The following new heading is added immediately New. preceding

section 275: "Rese'rvations and Licenses.". headmg 3,6. The following new

section 275a is added immediately New after

section 275:

section 275a "275a.

(1) The Lieutenant Governor iIi Council may Regul8;tions make regulations governing the granting of licenses of ~~1~~~ln:as natural gas rights which are the property of the Crown, licenses and such regulations may prescribe the terms and condi- tions of leases to be granted out of rights included in a license. "

(2) For the purposes of such regulations, other than -those dealing with the computation, levy and collection of royalties, natural gas means the production from any well which in the opinion of The Petroleum and Natural Gas Conservation Board initially produces gas either alone or with oil at ,a gas-oil ratio of ten thousand cubic feet to the barrel or higher, but does not include any production that may be obtained from any well whkh in the opinion of the Board initially produces gas with oil at a lower gas-oil ratio.". 37.

This Act shall come into force on the day upon ~otmfing . . t ft' In 0 orce which it is assented to and upon so comIng In 0 orce sec IOn 36 shall be deemed to have been in force at all times on and after the twenty-ninth day of January, 1951.

No. 53. FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 1951 BILL

An Act to a.mend The Mines and Minerals Act. Received and read the First time ....................... . Second time ........... .. Third time ...................................... .. HON. MR. TANNER. Title: 1951 (11th, 4th) Bill 53,

An Act to amend The Mines and Minerals Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 6964
Type	bill
Volume / chapter	L11 S4 6964
Language	en
Format	json
Source	PROVINCIAL
Identifier	e588e74ea79f9827d5e9c2c1c1181af44053a269

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