The Mineral Resources Act

Transcription

1 The Mineral Resources Act UNEDITED being Chapter 50 of The Revised Statutes of Saskatchewan, 1965 (effective February 7, 1966). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title SHORT TITLE REVESTMENTS 15 Minister may grant relief from forfeiture INTERPRETATION 2 Interpretation PURPOSE AND APPLICATION OF ACT 3 Purposes of Act 4 Application ADMINISTRATION 5 Administration by department 6 Disclosure of unauthorized information by employees prohibited 7 Discovery of minerals by employee of the department 8 Entry on land POWERS OF MINISTER 9 Powers of minister POWERS OF LIEUTENANT GOVERNOR IN COUNCIL 10 Power to make regulations DISPOSITION OF MINERALS 11 Disposal of minerals belonging to Crown 12 Mines, etc., under highways and road allowances 13 Entry and use of surface 14 Previously acquired rights not affected WITHDRAWALS 16 Minister may withdraw Crown mineral lands from prospecting, etc. ROYALTIES 17 Certain leases, licences, etc., deemed to contain certain covenants MISCELLANEOUS 18 Power of minister to give warnings to prevent ingury to investors 19 Duty of mining companies to file information and prospectus upon request 20 Penalty for default 21 Causing inconvenience, neusance, etc., prohibited 22 Right to construct public roads not affected 23 Rights of way for transmission lines, etc. 24 Acquisition of Crown mineral lands by employees of department 25 Prosecution no bar to civil action 26 Affidavits OFFENCES AND PENALTIES 27 Offences and penalties 28 Limitation of prosecution

3 CHAPTER 50 An Act respecting Mineral Resources SHORT TITLE Short title 1 This Act may be cited as The Mineral Resources Act. R.S.S. 1965, c.50, s.1. Interpretation 2 In this Act: INTERPRETATION Crown (a) Crown means Her Majesty the Queen in right of Saskatchewan; Crown mineral lands (b) Crown mineral lands means mines and minerals owned by the Crown; department (c) department means the Department of Mineral Resources; disposition (d) disposition means the act of disposal or an instrument by which that act is effected or evidenced, and includes a Crown grant, order in council, transfer, deed, conveyance, assurance, lease, licence, permit, reservation, contract, agreement and every other instrument whereby Crown mineral lands or any right, interest or estate therein may be transferred, disposed of or affected or by which the Crown divests itself of or creates any right, interest or estate in any mineral ; mine (e) mine, when used as a noun, includes any opening or excavation in, or working of, the ground for the purpose of searching for, winning, opening up, proving or storing underground any mineral or mineral-bearing substance, and also includes wells for the purpose of pressure maintenance, water disposal or injection, or as water source, and also all ways, works, engines, machinery, plant, buildings, furnaces, roast yards and premises below or above ground belonging to or used in connection with the operations carried on in and about the operation of mining as herein defined or about a mine; mine and mining (f) mine and mining, when used as verbs or in a verbal sense, include any mode or method of working whereby the soil or earth or any mineral may be disturbed, removed, carted, carried, washed, sifted, roasted, smelted, refined, crushed or otherwise dealt with for the purpose of obtaining any mineral therefrom whether it may have been previously disturbed or not, and also include the boring or drilling for any mineral and the working of the ground for the purpose of underground storage of any mineral;

4 4 c. 50 MINERAL RESOURCES mineral (g) mineral means all non-viable substances formed by the processes of nature that occur on or under the surface of the ground, irrespective of chemical or physical state, but does not include naturally-occurring surface water, agricultural soil, or sand or gravel that belongs to the owner of the surface of the land, other than the Crown, under The Sand and Gravel Act; mineral claim (h) mineral claim means a plot of ground staked out or acquired under this Act; mineral lands (i) mineral lands includes lands and mining rights under disposition and lands or mining rights located, staked out, used or intended to be used for mining purposes; mining property (j) mining property includes all mineral lands, every ditch, mill site, tramway, transmission line and water right used for mining purposes, and all rights acquired and powers exercised under this Act relating to surface rights, roads and rights of way and sites and works included under the definition of mine contained herein, and all property rights, easements and things belonging or appertaining thereto or used in the working thereof for mining purposes or connected with or incidental thereto; mining rights or mineral rights (k) mining rights or mineral rights includes the right to the minerals and mines upon or under the surface of the land; minister (l) minister means the Minister of Mineral Resources; owner (m) owner, when used in relation to a mine, means a person or body corporate who or which is the immediate proprietor or occupier of a mine, or of any part thereof, but does not include a person or body corporate who or which merely receives a royalty, rent or fine from a mine, or is merely the proprietor of a mine subject to a disposition for the working thereof, or is merely the owner of the soil, and not interested in the minerals of the mine; surface rights (n) surface rights includes lands granted, leased or otherwise disposed of for any purpose and in respect of which the mines and minerals thereon or under the surface thereof are by statute or any disposition reserved to the Crown. 1959, c.84, s.2; R.S.S. 1965, c.50, s.2. PURPOSE AND APPLICATION OF ACT Purposes of Act 3 The purposes of this Act are: (a) to promote and encourage the discovery, development, management, utilization and conservation of the mineral resources of Saskatchewan; (b) to regulate the disposition of Crown mineral lands;

5 MINERAL RESOURCES c (c) to protect the correlative rights of the owners of surface rights and of mineral rights; (d) to establish and maintain scientific libraries respecting the mineral resources of Saskatchewan; (e) to promote safety in mines and mining operations. 1959, c.84, s.3; R.S.S. 1965, c.50, s.3. Application 4 Except as herein otherwise provided, this Act applies to all mines and minerals vested in or belonging to the Crown and where the context so permits or requires to all mines and minerals in Saskatchewan. 1959, c.84, s.4; R.S.S. 1965, c.50, s.4. ADMINISTRATION Administration by department 5(1) This Act and the regulations shall be administered by the department. (2) An officer may be appointed to manage and direct such administration under the control of the minister, and there may be also appointed such other officers, clerks and employees as are deemed necessary. (3) The minister may employ any person or persons to investigate the mineral resources of Saskatchewan and may pay for such services out of any money appropriated by the Legislature for that purpose. 1959, c.84, s.5; R.S.S. 1965, c.50, s.5. Disclosure of unauthorized information by employees prohibited 6 Without the permission of the minister no person employed by the department shall disclose any information obtained by him through his employment with the department prohibited or make any statement or recommendation respecting the mineral worth of any area or locality to any person except an officer of the department. 1959, c.84, s.6; R.S.S. 1965, c.50, s.6. Discovery of minerals by employee of the department 7 Every officer or employee of the department who while holding such office or employment makes an original discovery of valuable mineral upon any Crown lands open to prospecting and staking out shall promptly notify the minister of that discovery and may, in accordance with the regulations, stake out and record on behalf of the Crown such number of parcels thereof as he may consider necessary to cover the mineral discovered and the probable extension thereof, and no licence shall be required for that purpose. 1959, c.84, s.7; R.S.S. 1965, c.50, s.7. Entry on land 8 An officer or employee of the department may, for the purpose of carrying out his duties, enter upon or pass over any land whether or not enclosed by a fence. 1959, c.84, s.8; R.S.S. 1965, c.50, s.8.

6 6 c. 50 MINERAL RESOURCES POWERS OF MINISTER Powers of minister 9 The minister may do such things as he deems necessary to discover, develop, manage, utilize and conserve the mineral resources of Saskatchewan and, without limiting the generality of the foregoing, the minister may : (a) make geological or mineralogical surveys or examinations of Saskatchewan and carry on such operations as may be considered necessary in connection therewith; (b) make and carry out investigations, examinations, experiments, tests and analyses of or pertaining to minerals for the purpose of determining their scientific and economic value ; (c) prepare and publish such reports, diagrams, drawings, maps and plans in connection with the mineral resources of Saskatchewan as he deems necessary; (d) establish and operate facilities for instruction and training in the art of conserving, developing, exploring for or prospecting for minerals; (e) grant assistance upon such terms and conditions as he deems advisable to promote exploration for, development, management, utilization and conservation of the mineral resources of Saskatchewan ; (f) prescribe the fees to be paid for any information or services and reports, maps and other documents furnished by the department to the public; and (g) purchase and sell or otherwise dispose of or utilize any product of the mineral resources of Saskatchewan. 1959, c.84, s.9; R.S.S. 1965, c.50, s.9. POWERS OF LIEUTENANT GOVERNOR IN COUNCIL Power to make regulations 10(1) The Lieutenant Governor in Council may make regulations such regulations and orders not inconsistent with this Act as he may deem necessary for the purpose of carrying out its provisions according to their obvious intent or to meet cases that may arise and for which no provision is made therein and without limiting the generality of the foregoing may make regulations and orders : (a) prescribing the Crown mineral lands subject to be staked out or disposed of and the manner and form in which the staking out or disposition is to be done or made and the terms and conditions thereof; (b) governing the assignment or subleasing of any rights granted in a disposition of Crown mineral lands; (c) governing the disposal of the surface rights or any part thereof required for mining purposes; (d) creating mining districts and regulating the recording of mineral claims in any part of Saskatchewan;

7 MINERAL RESOURCES c (e) governing the opening, construction, maintenance and use of roads, power transmission lines and aerial or other tramways through or over mineral lands under disposition, and the opening, construction, maintenance and use of ditches, aqueducts or raceways through or over such mineral lands for the conveyance and passage of water for mining purposes; (f) governing geological and geophysical exploration; (g) governing the deposit of waste and ancillary products on, under or in any land or body of water, the entry upon any waste or ancillary products disposal area and the mining of waste or ancillary products heretofore or hereafter deposited, upon such terms and conditions as may be prescribed by the minister; (h) governing the acquisition by a person who has any mineral rights, whether by virtue of a title in fee simple, a lease from or an agreement with the owner in fee simple, a disposition by the Crown, an assignment of such lease or agreement or disposition, of the right to enter upon, use and occupy such portion or portions of the surface of any land, whether owned by the Crown or not, in respect of which such mineral rights exist as may be necessary for mining purposes, the compensation to be paid for such right to enter, use and occupy and the manner in which the amount of the compensation shall be determined and paid ; (i) requiring that all leases of surface rights where the registered owner or the person entitled to become registered as owner of the surface rights is not registered as owner or entitled to become registered as owner of the mineral rights be in the form and contain the terms and conditions prescribed by the regulations, or be in the form, and contain terms and conditions, approved by the minister Regulations made under this clause shall apply to leases made on and after the first day of August, 1955; (j) governing the appointment of arbitrators or boards to determine the surface area required for mining purposes or for any purpose connected with or incidental to mining purposes, the amount of compensation to be paid therefor, governing any of such matters that may be referred to such abitrators or board by the Lieutenant Governor in Council and prescribing, defining and establishing the powers, duties and mode of practice or procedure of the arbitrators or boards; (k) governing the issue of licences under this Act; (l) prescribing, in cases not otherwise provided for, penalties for the breach of any regulations or orders made under this Act; (m) prescribing forms to be used under this Act; (n) requiring from the holders, owners, occupiers or operators of mines or mineral lands, reports and statements respecting the work and operations conducted at any time or on any mineral land ; (o) governing the keeping and disposing of cores and cuttings obtained in mining; (p) transferring to the person entitled thereto mineral rights that have heretofore been or are hereafter transferred or forfeited to the Crown;

8 8 c. 50 MINERAL RESOURCES (q) prescribing the royalties, rents, fees, dues or charges to be paid for or under a disposition, or for any other privilege granted under this Act or any regulations or orders made thereunder; and (r) governing the safety and welfare of persons engaged in mining. (2) Every regulation or order made under this section shall be published in The Saskatchewan Gazette and shall have force and effect on and after the date of such publication or on and after a date to be specified in the regulation or order; and all such regulations and orders shall be laid before the Legislative Assembly within the first fifteen days of the next session thereof. (3) Every regulation and order made under this section shall be deemed to be a part of this Act. 1959, c.84, s.10; R.S.S. 1965, c.50, s.10. DISPOSITION OF MINERALS Disposal of minerals belonging to Crown 11(1) Crown mineral lands shall be disposed of only in accordance with this Act and the regulations. (2) Subsection (1) does not apply to Crown mineral lands owned by Saskatchewan Power Corporation, Saskatchewan Government Telephones, The Saskatchewan Government Insurance Office or a corporation created under The Crown Corporations Act or any former Crown Corporations Act. 1959, c.84, s.11; R.S.S. 1965, c.50, s.11. Mines, etc., under highways and road allowances 12(1) Crown mineral lands in, on or under all public highways and road allowances may be disposed of under the regulations. (2) In every disposition of mines and minerals in, on or under a public highway or road allowance there shall be implied a reservation protecting the highway or road allowance for public travel and preventing, without the written permission of the Minister of Highways and Transportation to the contrary, any exercise of the right to the mines and minerals that would interfere with public travel until a road in lieu thereof has been provided and accepted by the municipal or other authority having jurisdiction over the highway or road allowance. (3) With the consent of the Minister of Highways and Transportation the minister may, upon such terms and conditions as he deems necessary, permit excavations to be made in, on or under a public highway or road allowance for any purpose connected with the operation of a mine. 1959, c.84, s.12; R.S.S. 1965, c.50, s.12. Entry and use of surface 13 No disposition of Crown mineral lands made under this Act or the regulations shall authorize the holder of the disposition to enter upon or use the surface of lands described in the disposition except in accordance with this Act or the regulations. 1959, c.84, s.13; R.S.S. 1965, c.50, s.13.

9 MINERAL RESOURCES c Previously acquired rights not affected 14 Nothing in this Act shall, except where such intention is expressly stated, be so construed as to affect prejudicially any mining rights and interests acquired prior to the first day of April, 1931, and all mining rights and privileges theretofore or under this Act acquired shall, without the same being expressly stated, be deemed to be taken and held subject to the rights of the Crown and to the public right of way and water. 1959, c.84, s.14; R.S.S. 1965, c.50, s.14. REVESTMENTS Minister may grant relief from forfeiture 15 Where forfeiture or loss of rights has occurred, the minister may, within three months after the default or within such further time as the Lieutenant Governor in Council upon the recommendation of the minister may direct, make an order, upon such terms as he deems just, relieving the person in default from the forefeiture or loss of rights, and upon compliance with the terms, if any, so imposed, the interests or rights forfeited or lost shall be revested in the person so relieved, but subject to any intervening right of any person arising subsequent to the default sought to be remedied and prior to the order of the minister. 1959, c.84, s.15; R.S.S. 1965, c.50, s.15. WITHDRAWALS Minister may withdraw Crown mineral lands from prospecting, etc. 16(1) The minister may withdraw any Crown mineral lands not under disposition from prospecting and staking out and from disposition. (2) The minister may reopen for prospecting and staking out and for disposition any Crown mineral lands so withdrawn. (3) Crown mineral lands so withdrawn, until reopened, shall remain withdrawn, and shall not be prospected, staked out, occupied or worked except under subsection (4). (4) Crown mineral lands staked out on behalf of the Crown and Crown mineral lands withdrawn from prospecting and staking out, or from any disposition, may be leased by the Crown or worked under an agreement or arrangement with the Crown in such manner and upon such terms and conditions and for such price as may be approved by the Lieutenant Governor in Council. (5) Notice of the withdrawal or the reopening of Crown mineral lands under subsection (1) or (2) shall be published in the Gazette. 1959, c.84, s.16; R.S.S. 1965, c.50, s.16.

10 10 c. 50 MINERAL RESOURCES ROYALTIES Certain leases, licences, etc., deemed to contain certain covenants 17(1) subject to subsections (2) and (3) but otherwise notwithstanding anything in this or any other Act or in any regulations under this or any other Act or in any lease, licence, permit or reservation whereby the Crown whether in right of Canada or Saskatchewan has granted any mining rights to any person, every such lease, licence, permit or reservation whether it was made or issued before, on or after the first day of October, 1930, shall be deemed to contain a covenant by the lessee, licensee, permittee or holder of the reservation that he will pay to the Crown in right of Saskatchewan at the times and in the manner required by the regulations such royalties as may from time to time be required by the regulations to be paid by persons to whom mineral rights of the kind mentioned in the lease, licence, permit or reservation are granted. (2) The Lieutenant Governor in Council may, subject to such terms and conditions as he deems necessary, approve any lease, license, permit or reservation heretofore or hereafter made or issued, requiring the payment of the royalties specified therein in lieu of or in addition to the royalties required by the regulations to be paid and where he does so the royalties payable under the lease, licence, permit or reservation shall be those specified therein and shall be payable at the times and in the manner required thereby. (3) If and in so far as any of the provisions of this section are at variance with any of the provisions of the agreement between the Government of Canada and the Government of Saskatchewan, set forth in the schedule to chapter 87 of the statutes of 1930, as amended, the provisions of the said agreement, as amended, govern, but this section shall nevertheless stand and be valid and operative in all other respects. MISCELLANEOUS 1959, c.84, s.17; R.S.S. 1965, c.50, s.17. Power of minister to give warnings to prevent injury to investors 18 Where it appears to the minister: (a) that a sale of shares or any interest in a mining company or in a mining property is being advertised or solicited upon statements that are not in accord with the actual facts and conditions as shown by the report of a technical or administrative officer of the department or by information on file in the department; or (b) that any statements of the nature referred to in clause (a) are being published or circulated with the intention of influencing or which may influence such sale of shares or interest; and if the minister considers it advisable and in the interest of any person or of the public, he may give or cause to be given such notices, either personal or public, by telegraphic dispatch, letter, bulletin, advertisement or otherwise as he considers necessary to prevent injury to investors; and it shall not be necessary in any notice so given to refer to this section or to state any fact or reason as preliminary to or leading up to the giving of the notice, and every notice so given shall be deemed to be given pursuant to this section and shall be absolutely privileged. 1959, c.84, s.18; R.S.S. 1965, c.50, s.18.

11 MINERAL RESOURCES c Duty of mining companies to file information and prospectus upon request 19 Where a corporation acquires an interest in, or title to, or engages in work on, any mining property situated in Saskatchewan, it shall, upon the request of the minister, forthwith file with the minister full particulars thereof and also file with the minister, as soon as it is issued, a copy of every prospectus or statement in lieu of prospectus issued by the corporation. 1959, c.84, s.19; R.S.S. 1965, c.50, s.19. Penalty for default 20 Every corporation that makes default in complying with any requirement of section 19 is liable on summa1-y conviction to a fine not exceeding $25 for every day during which the default continues, and every director and eve1-y manager of the corporation who knowingly and wilfully authorizes or permits the default is liable to the like penalty. 1959, c.84, s.20; R.S.S. 1965, c.50, s.20. Causing inconvenience, nuisance, etc., prohibited 21(1) In mining operations no person shall, without right or authority, cause undue inconvenience or any nuisance, obstruction, damage, loss or injury to or of any other person or to or of the property of any other person. (2) A person who violates subsection (1) is liable on summary conviction to a fine of not less than $50 nor more than $1,000 and in default of payment to imprisonment for a term of not less than one month nor more than six months and in the case of a lessee, licensee, permittee or holder of a reservation from the Crown if, after conviction, he continues to violate subsection (1) the lease, licence, permit or reservation held by him may be cancelled forthwith. 1959, c.84, s.21; R.S.S. 1965, c.50, s.21. Right to construct public roads not affected 22 Nothing in this Act shall be construed to limit the right of the proper authorities to lay out and construct public roads across, through, along or over any ditch, mill site, water-way or mineral lands. 1959, c.84, s.22; R.S.S. 1965, c.50, s.22. Rights of way for transmission lines, etc. 23 The minister may grant authority to lay out rights of way for aerial or other electrical transmission lines and tramways, or for pipe lines, flumes or water ditches, across, through, along, over or under any mining property acquired under this Act or the regulations, together with full right to enter upon the mining property, or such portion thereof as the minister deems necessary, for the construction, maintenance and repair of such works, subject to full compensation being made to the owner of the mining property for any damage or loss that he may sustain by reason of such entry, such compensation in case of dispute to be determined by arbitration under The Arbitration Act. 1959, c.84, s.23; R.S.S. 1965, c.50, s.23.

12 12 c. 50 MINERAL RESOURCES Acquisition of Crown mineral lands by employees of department 24(1) No officer or employee of the department shall, directly or indirectly, acquire or purchase any right, title or interest in any Crown mineral lands, either in his own name or by the interposition of any other person or in the name of any other person in trust for himself, or take or receive any fee or emolument for negotiating or transacting any business connected with the duties of his office or employment; and any person who violates this section is liable on summary conviction to a penalty of $500 and every right, title or interest acquired or purchased in violation of this section is voidable at the discretion of the minister. (2) No prosecution under this section shall be commenced without the consent of the Attorney General. (3) An officer or employee who is convicted under this section shall forfeit his office or employment. 1959, c.84, s.24; R.S.S. 1965, c.50, s.24. Prosecution no bar to civil action 25 No prosecution for an offence against this Act or the civil action regulations or orders made thereunder shall relieve the person prosecuted from any civil action for damages at the suit of a person who has suffered damage, loss or injury in consequence of the offence. 1959, c.84, s.25; R.S.S. 1965, c.50, s.25. Affidavits 26 Affidavits and declarations made under this Act may be made before any person duly authorized to administer an oath or declaration. 1959, c.84, s.26; R.S.S. 1965, c.50, s.26. OFFENCES AND PENALTIES Offences and penalties 27 Every person who: (a) prospects, occupies or works any mineral land for minerals otherwise than in accordance with this Act and the regulations; (b) unlawfully defaces, alters, removes or disturbs any post, stake, picket, boundary line, figure, writing or other mark lawfully placed, standing or made under this Act or the regulations; (c) unlawfully pulls down, injures or defaces any rules or notice posted up by the owner of a mine or his agent; (d) unlawfully obstructs an officer of the department in the execution of his duty; (e) being the owner of a mine or his agent, refuses or neglects to furnish to an officer of the department the means necessary for making, under this Act or the regulations, an entry, inspection, examination or inquiry into, of or with respect to any mine; (f) unlawfully marks or stakes out in whole or in part an area for minerals;

13 MINERAL RESOURCES c (g) unlawfully acts in contravention of this Act in any particular not set forth in the foregoing clauses; (h) unlawfully contravenes any provision of this Act or any regulation or order made thereunder for the contravention of which no other penalty is provided; or (i) attempts to do any of the acts mentioned in the foregoing clauses; is guilty of an offence and liable on summary conviction to a fine of not more than $20, if an individual, or more than $500, if a corporation, and in the case of a continuing offence to a further fine not exceeding $20, if an individual, or $500, if a corporation, for each day during which the offence continues. 1959, c.84, s.27; R.S.S. 1965, c.50, s.27. Limitation of prosecution 28 Every prosecution for an offence against this Act or the regulations or orders made thereunder shall be commenced within one year after the commission of the offence. 1959, c.84, s.28; R.S.S. 1965, c.50, s.28.

14 Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER