Metallic and Industrial Minerals Tenure Regulation

(no amdt) alberta regulation 265/2022 Mines and Minerals Act METALLIC AND INDUSTRIAL MINERALS TENURE REGULATION Table of Contents 1 Definitions 2 Agreement exemption Part 1 Placer Minerals Licences 3 Definitions 4 Restriction on placer mining 5 Application for placer minerals licence 6 Issuance of placer minerals licence 7 Rights granted by placer minerals licence 8 Term of placer minerals licence 9 Prohibitions re placer mining 10 Prohibited location 11 Operations re Class A and Class B water bodies 12 Operations re Class C and Class D water bodies Part 2 Rock‑hosted Minerals Permits 13 Application for rock‑hosted minerals permit 14 Issuance of rock‑hosted minerals permit 15 Rights granted by rock‑hosted minerals permit 16 Area and boundaries of location 17 Term of rock‑hosted minerals permit 18 Assessment work requirements 19 Mineral assessment appointee 20 Mineral assessment report 21 Statement of intent to file 22 Submission of mineral assessment report 23 Grouping of rock‑hosted minerals permits 24 Timing of applying for permit group 25 Amendment of permit group 26 Permit group expiry 27 Mineral assessment report specifications 28 Unacceptable mineral assessment expenditures 29 Mineral assessment report deficiencies 30 Selection of permits and allocation of expenditures 31 Retention of permits 32 Application of excess spending requirements 33 Expenditures of less than minimum requirements 34 Area reduction 35 Payment in lieu of expenditure 36 Extension of work period 37 Confidentiality of mineral assessment report Part 3 Rock‑hosted Minerals Leases 38 Application for rock‑hosted minerals lease 39 Issuance of rock‑hosted minerals lease 40 Rights granted by rock‑hosted minerals lease 41 Area and boundaries of location 42 Primary term of rock‑hosted minerals lease 43 Intermediate term of rock‑hosted minerals lease 44 Continuation of rock‑hosted minerals lease 45 Application for continuation of rock‑hosted minerals lease 46 Notice respecting non‑productivity Part 4 Brine‑hosted Minerals Leases 47 Application for brine‑hosted minerals lease 48 Issuance of brine‑hosted minerals lease 49 Rights granted by brine‑hosted minerals lease 50 Area and boundaries of location 51 Initial term of brine‑hosted minerals lease 52 Continuation of brine‑hosted minerals lease 53 Application for continuation of brine‑hosted minerals lease 54 Notice respecting non‑productivity Part 5 Secondary Mineral Leases 55 Definitions 56 Application for secondary mineral lease 57 Issuance of secondary mineral lease 58 Rights granted by secondary mineral lease 59 Area of location 60 Term of secondary mineral lease 61 Renewal of secondary mineral lease Part 6 Subsurface Reservoir Leases 62 Definitions 63 Application for subsurface reservoir lease 64 Issuance of subsurface reservoir lease 65 Rights granted by subsurface reservoir lease 66 Obligations under subsurface reservoir lease Part 7 Miscellaneous 67 Request for information 68 Escalating rental 69 Prospecting Part 8 Transitional Provisions 70 Definitions Division 1 Former Permits 71 Transitional — former permits 72 Transitional — assessment work period Division 2 Brine‑hosted Minerals Licences 73 Application for brine‑hosted minerals licence 74 Issuance of brine‑hosted minerals licence 75 Rights granted by brine‑hosted minerals licence 76 Area and boundaries of location 77 Term of brine‑hosted minerals licence 78 Request for information 79 Application for brine‑hosted minerals lease Division 3 Part 2 Licences and Parts 3, 4 and 4.1 Leases 80 Transitional — Part 2 licences 81 Transitional — Part 3 leases 82 Transitional — Parts 4 and 4.1 leases Part 9 Repeal, Expiry and Coming into Force 83 Repeal 84 Expiry 85 Coming into force Schedules Definitions 1 In this Regulation, (a) “annual rental”, in respect of a rock‑hosted minerals lease, brine‑hosted minerals lease, subsurface reservoir lease or brine-hosted minerals licence means the annual rental payable in respect of the rock‑hosted minerals lease, brine‑hosted minerals lease, subsurface reservoir lease or brine-hosted minerals licence, as the case may be, under section 20 of the Mines and Minerals Administration Regulation (AR 262/97); (b) “assessment work” means a geological, geochemical, geophysical or geotechnical study, investigation, reconnaissance or survey undertaken to establish the geology of a given area or to ascertain the nature, quality or extent of a metallic and industrial mineral in the area, and includes any work leading to the development of a metallic and industrial mineral occurrence; (c) “assessment work period” means (i) a 2‑year period of the term of a rock‑hosted minerals permit, or (ii) any portion of a 2‑year period that remains at the end of an extended work period; (d) “brine‑hosted metallic and industrial minerals” means metallic and industrial minerals that are solid substances or elements extracted or recovered from soluble components naturally dissolved in groundwater; (e) “brine‑hosted minerals lease” means a brine‑hosted minerals lease issued under Part 4; (f) “designated representative” means a person designated under section 29 of the Act; (g) “extended work period” means an assessment work period extended by the Minister under section 36; (h) “groundwater” means groundwater as defined in the Water Act ; (i) “holder”, in respect of a placer minerals licence, rock‑hosted minerals lease, brine‑hosted minerals lease, secondary mineral lease or subsurface reservoir lease, means (i) a lessee that holds the placer minerals licence, rock‑hosted minerals lease, brine‑hosted minerals lease, secondary mineral lease or subsurface reservoir lease, as the case may be, or (ii) the designated representative for the placer minerals licence, rock‑hosted minerals lease, brine‑hosted minerals lease, secondary mineral lease or subsurface reservoir lease, as the case may be, unless from the express wording of a provision of the licence or lease it is apparent that the term is restricted to a lessee referred to in subclause (i); (j) “metallic and industrial minerals” means minerals within the meaning of section 1(1)(p)(i) of the Act that are vested in or belong to the Crown in right of Alberta but does not include petroleum, asphalt, bituminous sands, oil sands, natural gas, coal or ammonite shell; (k) “permit group” means a grouping of rock‑hosted minerals permits approved by the Minister under section 23; (l) “placer deposit” means a surficial deposit contained in sand, gravel or similar material, formed by a natural mechanical concentration of mineral particles and composed of heavy minerals, including gold, silver, platinum group metals or precious stones; (m) “placer mineral” means a metallic and industrial mineral that is or may be obtained by placer mining; (n) “placer minerals licence” means a placer minerals licence issued under Part 1; (o) “placer mining” means a method or technique of surface operation other than gold panning whereby a placer deposit is worked for the purposes of obtaining or producing a placer mineral and the activities associated with such a surface operation, including the pumping of water, the discharge of water and the excavation of material; (p) “prospect” means to search for a metallic and industrial mineral using handheld implements or instruments in a manner that does not, in the opinion of the Minister, cause significant surface disturbance; (q) “rock‑hosted metallic and industrial minerals” means metallic and industrial minerals other than brine‑hosted metallic and industrial minerals; (r) “rock‑hosted minerals lease” means a rock‑hosted minerals lease issued under Part 3; (s) “rock‑hosted minerals permit” means a rock‑hosted minerals permit issued under Part 2; (t) “rock‑hosted minerals permittee” means (i) a lessee that holds a rock‑hosted minerals permit, or (ii) the designated representative for a rock‑hosted minerals permit unless from the express wording of a provision of the permit it is apparent that the term is restricted to a lessee referred to in subclause (i); (u) “secondary mineral lease” means a secondary mineral lease issued under Part 5; (v) “sluicebox” means an inclined trough containing obstructions in the bottom that is used in placer mining to concentrate metallic and industrial minerals; (w) “subsurface reservoir lease” means a subsurface reservoir lease issued under Part 6; (x) “work period” means an assessment work period or an extended work period. Agreement exemption 2 This Regulation does not apply in respect of an agreement made or entered into by the Minister under section 9(a) of the Act. Part 1 Placer Minerals Licences Definitions 3 In this Part, (a) “Class A water body”, “Class B water body”, “Class C water body” and “Class D water body” mean the water body classes established and defined as such under the Code of Practice for Pipelines and Telecommunication Lines Crossing a Water Body adopted by the Water (Ministerial) Regulation (AR 205/98); (b) “unclassified water body” means a water body for which no class has been specified under the Code of Practice for Pipelines and Telecommunication Lines Crossing a Water Body adopted by the Water (Ministerial) Regulation (AR 205/98); (c) “water body” means water body as defined in the Code of Practice for Pipelines and Telecommunication Lines Crossing a Water Body adopted by the Water (Ministerial) Regulation (AR 205/98). Restriction on placer mining 4 No person shall conduct placer mining unless the person holds (a) a placer minerals licence, and (b) a rock‑hosted minerals lease or secondary mineral lease. Application for placer minerals licence 5 (1) An individual may apply to the Minister for a placer minerals licence. (2) An application must (a) be in a form that is satisfactory to the Minister, (b) include the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97), and (c) include any information required by the Minister. Issuance of placer minerals licence 6 The Minister may issue a placer minerals licence (a) to an individual who applies under section 5 if the Minister is satisfied that the application meets the requirements set out in section 5(2), or (b) in any other manner provided for under section 16 of the Act. Rights granted by placer minerals licence 7 Subject to sections 9 to 12, a placer minerals licence grants the right to win, work and recover metallic and industrial minerals in and through placer mining in accordance with the terms and conditions of the placer minerals licence. Term of placer minerals licence 8 The term of a placer minerals licence is 5 years beginning on the term commencement date shown in the placer minerals licence. Prohibitions re placer mining 9 No person shall, in the conduct of placer mining under a placer minerals licence, (a) permit water to flow through the pump to the sluicebox or other equipment at a rate greater than 11 L/s, (b) use a mesh of greater than 2.54 mm on the screening of the water intake to the sluicebox or other equipment, (c) use a suction dredge, front end loader or other mechanical method to move clay, marl, sand, gravel or topsoil into the sluicebox or other equipment, (d) occupy a site or location for a period of more than 14 consecutive days, (e) use mercury in or within 100 m of a river, stream or watercourse or other water body, or (f) discharge water into a river, stream or watercourse if the suspended sediment content of the discharge water exceeds the suspended sediment content of the water in the river, stream or watercourse. Prohibited location 10 (1) No holder of a placer minerals licence shall conduct placer mining within the location described in a rock‑hosted minerals lease without the consent of the holder of the rock‑hosted minerals lease or a person authorized by the holder of the rock-hosted minerals lease to give that consent. (2) No holder of a placer minerals licence shall conduct placer mining where operations for the recovery or processing of a surface material are being conducted under a licence or lease issued under Division 6 of Part 3 of the Public Lands Administration Regulation (AR 187/2011) without the consent of the holder of the licence or lease or a person authorized by the holder of the licence or lease to give that consent. Operations re Class A and Class B water bodies 11 (1) Subject to subsections (2) and (3) and to sections 9 and 10, the holder of a placer minerals licence may conduct placer mining with respect to a Class A water body or a Class B water body from May 15 to September 15. (2) No holder of a placer minerals licence shall excavate material within the active channel of the flowing water of a Class A water body or a Class B water body. (3) No holder of a placer minerals licence shall conduct placer mining within or adjacent to the active channel of the flowing water of a Class A water body or a Class B water body where the width of the active channel of the flowing water is less than 20 m, unless the holder of the licence has the written consent of the Minister responsible for Part 4 of the Water Act . Operations re Class C and Class D water bodies 12 (1) Subject to subsection (2) and to sections 9 and 10, the holder of a placer minerals licence may conduct placer mining at any time of the year within or adjacent to the active channel of the flowing water of a Class C water body, a Class D water body or an unclassified water body. (2) No holder of a placer minerals licence shall excavate material within the active channel of the flowing water of a Class C water body, a Class D water body or an unclassified water body where the width of the active channel is less than 20 m, unless the holder of the licence has the written consent of the Minister responsible for Part 4 of the Water Act . Part 2 Rock‑hosted Minerals Permits Application for rock‑hosted minerals permit 13 (1) A person may apply to the Minister for a rock‑hosted minerals permit. (2) An application must (a) be in a form that is satisfactory to the Minister, (b) include the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97), and (c) include any information required by the Minister. Issuance of rock‑hosted minerals permit 14 The Minister may issue a rock‑hosted minerals permit (a) to a person who applies under section 13 if the Minister is satisfied that the application meets the requirements set out in section 13(2), or (b) in any other manner provided for under section 16 of the Act. Rights granted by rock‑hosted minerals permit 15 (1) Subject to subsection (2), a rock‑hosted minerals permit grants, in accordance with the terms and conditions of the permit, (a) the non‑exclusive right to explore for rock‑hosted metallic and industrial minerals on the surface of the location described in the permit, (b) the exclusive right to explore for rock‑hosted metallic and industrial minerals in the subsurface strata within and under the location described in the permit, and (c) the right to remove samples of rock‑hosted metallic and industrial minerals from the location described in the permit for the purposes of assaying and testing and of metallurgical, mineralogical and other scientific studies. (2) The Minister may (a) restrict the kinds of rock‑hosted metallic and industrial minerals in respect of which rights are granted under a rock‑hosted minerals permit, and (b) limit the operations or activities that may be conducted under a rock‑hosted minerals permit to those operations or activities specified by the Minister in the permit. Area and boundaries of location 16 (1) The area of the location described in a rock‑hosted minerals permit must be not less than 16 ha nor more than 9216 ha. (2) The boundaries of the location described in a rock‑hosted minerals permit must be approved by the Minister. (3) Subject to subsection (1), the Minister may reduce the area of the location described in a rock‑hosted minerals permit at any time during the term of the permit, if the Minister approves an application submitted by the rock‑hosted minerals permittee indicating the area that is to be retained in the permit. Term of rock‑hosted minerals permit 17 (1) The term of a rock‑hosted minerals permit begins on the term commencement date shown in the permit and runs indefinitely. (2) The term of a rock‑hosted minerals permit is divided into successive 2‑year work periods with the first work period beginning on the term commencement date shown in the permit. Assessment work requirements 18 (1) Subject to sections 35 and 36, a rock‑hosted minerals permittee, with respect to the location described in the rock‑hosted minerals permit, shall meet the following minimum spending requirements on assessment work on or attributed by this Regulation to the location during the following assessment work periods: (a) during the first assessment work period, not less in the aggregate than an amount equal to $7 for each hectare in the location; (b) during the 2nd assessment work period, not less in the aggregate than an amount equal to $13 for each hectare in the location; (c) during the 3rd assessment work period, not less in the aggregate than an amount equal to $13 for each hectare in the location; (d) during the 4th assessment work period and all subsequent assessment work periods, not less in the aggregate than an amount equal to $20 for each hectare in the location. (2) A rock‑hosted minerals permittee may claim as expenditures during any work period of a rock‑hosted minerals permit amounts that, in the opinion of the Minister, were spent in relation to assessment work on the location described in the permit (a) during a previous assessment work period of the permit, or (b) during the period beginning one year before the term commencement date of the permit, if those amounts have not been claimed as expenditures in respect of any other work period of the permit or of any other permit. (3) The minimum spending requirement with respect to the locations of the rock‑hosted minerals permits in a permit group is the sum of the minimum spending requirements calculated under subsection (1) or determined under section 36(3) for the work periods of the permits approved by the Minister under section 27(b)(ii). Mineral assessment appointee 19 (1) Subject to subsections (2) and (3), the mineral assessment appointee for a rock‑hosted minerals permit is the rock‑hosted minerals permittee. (2) A rock‑hosted minerals permittee, by notifying the Minister, may designate another individual to serve as the mineral assessment appointee for the rock‑hosted minerals permit. (3) The permittees for the rock‑hosted minerals permits included in a permit group, by notifying the Minister, may designate an individual to serve as the mineral assessment appointee for the permit group. (4) The authority of a mineral assessment appointee designated under subsection (2) or (3) expires on the earlier of (a) the date on which the Minister receives notification from the rock‑hosted minerals permittee or permittees that the authority is terminated, or (b) the date on which the Minister issues a final approval or final rejection of the mineral assessment report. Mineral assessment report 20 (1) A mineral assessment appointee shall submit to the Minister a mineral assessment report in respect of the rock‑hosted minerals permit or permit group for which it is the mineral assessment appointee. (2) A mineral assessment report must (a) meet the requirements for a mineral assessment report set out in this Part and Schedule 1, and (b) be submitted within the period specified in section 22(1)(a), unless the mineral assessment appointee submits a statement of intent to file in accordance with section 21. Statement of intent to file 21 (1) A mineral assessment appointee may submit a statement of intent to file (a) during the 30 days before the end of the assessment work period in respect of which it is submitted, or (b) at any other time approved by the Minister in relation to the rock‑hosted minerals permit or any of the permits in a permit group. (2) A statement of intent to file may be submitted in respect of a rock‑hosted minerals permit or in respect of a permit group. (3) A statement of intent to file must (a) contain a statement that a mineral assessment report will be filed within the period required by section 22(1)(b), (b) designate the permit group or project in respect of which the mineral assessment report will be filed, (c) contain for each rock‑hosted minerals permit in respect of which it is filed (i) the number of the permit, (ii) the name of the designated representative for the permit, if any, (iii) a legible map showing the location and boundaries described in the permit and the number of the permit, and (iv) an estimate of expenditures in respect of the permit during the assessment work period for which the mineral assessment report will be filed, and (d) be signed by the mineral assessment appointee. (4) A statement of intent to file may also be accompanied by (a) the surrender of a rock‑hosted minerals permit or a request to surrender a portion of the location described in a rock‑hosted minerals permit, (b) an application requesting payment in lieu under section 35(1), or (c) the designation of a mineral assessment appointee under section 19(2) or (3) for the purposes of submitting a mineral assessment report in respect of a rock‑hosted minerals permit or a permit group. Submission of mineral assessment report 22 (1) Subject to section 36(5), the following rules apply with respect to submitting mineral assessment reports: (a) subject to clause (b), a mineral assessment report must be submitted to the Minister on or before the last day of the assessment work period of the rock‑hosted minerals permit or of the permit group in respect of which the mineral assessment report is submitted; (b) where a mineral assessment appointee submits a statement of intent to file in respect of a rock‑hosted minerals permit or a permit group, a mineral assessment report in respect of that permit or permit group must be submitted to the Minister not later than 60 days after the last day of the assessment work period of the rock‑hosted minerals permit or of the permit group in respect of which the statement of intent to file was submitted. (2) For the purposes of subsection (1) and sections 27, 36 and 37(1), the last day of the assessment work period of a permit group is deemed to be the last day of the assessment work period for the rock‑hosted minerals permit with the earliest assessment work period end date in that permit group. Grouping of rock‑hosted minerals permits 23 (1) The mineral assessment appointee for a rock‑hosted minerals permit may make an application requesting the grouping of the permit with one or more other rock‑hosted minerals permits (a) for the purposes of submitting one mineral assessment report to the Minister in respect of all of the permits in the permit group, and (b) for the purposes of attributing and allocating costs and expenditures on mineral exploration work performed on the location described in any of the permits in the permit group to any other permit in the permit group. (2) A rock‑hosted minerals permit must not be included in more than one permit group at a time. (3) The locations described in the rock‑hosted minerals permits in a permit group must be contiguous and must not exceed 18 432 ha. (4) Subject to subsections (2) and (3) and any terms and conditions that the Minister prescribes, the Minister may approve an application for the grouping of rock‑hosted minerals permits if, in the opinion of the Minister, the work periods of the permits in the permit group are eligible for inclusion in a mineral assessment report. Timing of applying for permit group 24 An application under section 23(1) may be made (a) as part of a statement of intent to file submitted under section 21, or (b) on submission, or at any time approved by the Minister before submission, of a mineral assessment report. Amendment of permit group 25 (1) The mineral assessment appointee for a permit group may apply to amend the permit group on or at any time approved by the Minister before the submission of a mineral assessment report. (2) On receipt of an application under subsection (1), the Minister may amend a permit group. Permit group expiry 26 A permit group expires on the earlier of (a) the date on which the Minister issues a final approval or final rejection of the mineral assessment report, or (b) the end of the confidentiality period referred to in section 37 in respect of the mineral assessment report. Mineral assessment report specifications 27 The Minister shall approve a mineral assessment report if (a) it relates (i) to the location described in a rock‑hosted minerals permit, or (ii) collectively to the locations described in the rock‑hosted minerals permits in a permit group, (b) it relates (i) to the work period of a rock‑hosted minerals permit, or (ii) to the work periods of the rock‑hosted minerals permits in a permit group that, in the opinion of the Minister, should be reported on in that mineral assessment report, (c) it complies with the requirements for a mineral assessment report set out in this Part and Schedule 1, (d) it complies with the timelines for submitting a mineral assessment report set out in section 22(1) or 36(5), (e) geological, geochemical and geophysical surveys have been carried out under the supervision of a qualified person or by a prospector having qualifications acceptable to the Minister, and (f) all other matters respecting or contained in the mineral assessment report are satisfactory to the Minister. Unacceptable mineral assessment expenditures 28 The Minister may refuse to accept any expenditures on exploration or development work claimed in a mineral assessment report for the purposes of the minimum spending requirements calculated under section 18(1) or determined under section 36(3) if (a) the work duplicates work previously submitted for credit against the minimum spending requirements for the same agreement or another agreement, (b) the work duplicates results that have been previously published, (c) the mineral assessment report fails to meet any of the requirements for a mineral assessment report set out in this Part or Schedule 1, or (d) the Minister has any other reason not to accept the expenditures. Mineral assessment report deficiencies 29 (1) This section applies where, in the Minister’s opinion, there are deficiencies in a mineral assessment report, including failure to (a) meet the requirements for a mineral assessment report set out in this Part and Schedule 1, (b) show adequate work for the work period of the rock‑hosted minerals permit or work periods of the rock‑hosted minerals permits in the permit group to which the mineral assessment report relates, or (c) show adequate work to support the statement of expenditures contained in the mineral assessment report. (2) The Minister may require a mineral assessment appointee that has submitted a mineral assessment report described in subsection (1) to submit, within the time that the Minister considers appropriate in the circumstances, (a) a correction to or remedy of the deficiencies or instances of non‑compliance contained in the mineral assessment report, or (b) another mineral assessment report that corrects or remedies the deficiencies or instances of non‑compliance contained in the original mineral assessment report. (3) Sections 18(1) and 36(4) are considered not to have been complied with until the mineral assessment appointee complies with the Minister’s requirements under subsection (2). Selection of permits and allocation of expenditures 30 (1) Where a report is submitted by a mineral assessment appointee in respect of the rock‑hosted minerals permits in a permit group, the report (a) must indicate the portions of the locations described in the rock‑hosted minerals permits in the permit group that have been selected to be retained, and (b) may allocate and attribute expenditures on assessment work on the location described in any rock‑hosted minerals permit in a permit group to the location described in any other rock‑hosted minerals permit in the permit group. (2) Expenditures on assessment work on the location described in any rock‑hosted minerals permit in a permit group, for the purposes of sections 18 and 36, may be applied only once against the minimum spending requirements of the rock‑hosted minerals permits in the permit group. Retention of permits 31 A rock‑hosted minerals permittee may retain a rock‑hosted minerals permit if the total expenditures on assessment work on or attributed to the location described in the permit that are approved by the Minister for the previous work period equal or exceed the minimum spending requirements calculated under section 18(1) or determined under section 36(3) for that previous work period. Application of excess spending requirements 32 (1) This section applies if the total expenditures on assessment work for a work period of a rock‑hosted minerals permit or the work periods of the rock‑hosted minerals permits in a permit group approved by the Minister under this Part exceed the minimum spending requirements calculated under section 18(1) or determined under section 36(3), respectively, for the work period of the permit or for the work periods of the permits in the permit group. (2) The Minister, on application of the mineral assessment appointee, may approve the application of expenditures in excess of the minimum spending requirements against the minimum spending requirements of any subsequent work period of the rock‑hosted minerals permit or of any rock‑hosted minerals permit in the permit group. (3) If the mineral assessment appointee does not make an application under subsection (2) within the period specified by the Minister in an instruction to the mineral assessment appointee to make the application, the Minister may determine the application of expenditures in excess of the minimum spending requirements against the minimum spending requirements of any subsequent work period of the rock‑hosted minerals permit or of any rock‑hosted minerals permit in the permit group. (4) Where the Minister has approved the application of expenditures in excess of the minimum spending requirements against the minimum spending requirements of a work period under subsection (2), those expenditures may be applied against the minimum spending requirements of no more than 4 consecutive work periods of the rock‑hosted minerals permit subsequent to the work period referred to in subsection (2). Expenditures of less than minimum requirements 33 (1) This section applies if the total expenditures on assessment work for a work period of a rock‑hosted minerals permit or the work periods of the rock‑hosted minerals permits in a permit group approved by the Minister under this Part, including expenditures approved under section 32(2) for application to that work period or those work periods, are less than the minimum spending requirements calculated under section 18(1) or (3) or determined under section 36(3), respectively, for the work period of the permit or the work periods of the permits in the permit group. (2) The mineral assessment appointee, on application to the Minister, may retain that portion of the area of the location described in the rock‑hosted minerals permit or of the area of the locations described in the rock‑hosted minerals permits in the permit group that is in the same proportion to the whole of that area as the proportion between the expenditures on assessment work approved by the Minister as described in subsection (1) for the work period or work periods to the minimum spending requirements for the work period or work periods to which they relate. (3) If the mineral assessment appointee does not make an application under subsection (2) within the period specified by the Minister in an instruction to the mineral assessment appointee to make the application, the Minister may determine in accordance with subsection (2) the portion of the rock‑hosted minerals permit or permits that may be retained. (4) If the total expenditures for a work period of a rock‑hosted minerals permit as described in subsection (1) are less than the minimum spending requirements for that work period as described in subsection (1), the mineral assessment appointee, with the approval of the Minister and on or before a date specified by the Minister, may pay an amount equal to 2 times the difference between the total expenditures for the work period as described in subsection (1) and the minimum spending requirements for the work period as described in subsection (1). (5) Payment of an amount in accordance with subsection (4) in respect of a work period, together with the total expenditures for the work period as described in subsection (1), is considered fulfilment of the assessment work requirements for the work period. Area reduction 34 Notwithstanding sections 31 and 33, the Minister may reduce the area of the location described in a rock‑hosted minerals permit or in any of the rock‑hosted minerals permits in a permit group if the mineral assessment appointee for the permit or the permit group fails to comply with section 20, 22(1), 29(2) or 36(5). Payment in lieu of expenditure 35 (1) On application to and with the approval of the Minister, the mineral assessment appointee for a rock‑hosted minerals permit may pay an amount determined in accordance with subsection (2) in lieu of spending that amount during the work period. (2) The amount referred to in subsection (1) is equal to 2 times (a) the minimum spending requirements for an assessment work period calculated under section 18(1), or (b) the minimum spending requirements for an extended work period determined under section 36(3). (3) A mineral assessment appointee shall not make a payment under subsection (1) in respect of the first work period of a rock‑hosted minerals permit or in respect of any 2 consecutive work periods of a rock‑hosted minerals permit. (4) An application under subsection (1) must be received by the Minister before the end of the work period in respect of which the application is made. (5) If the Minister approves an application under this section, payment of the amount referred to in subsection (1) is considered fulfilment of the assessment work requirements for the work period in respect of which the payment is made. Extension of work period 36 (1) Subject to subsection (2), the Minister may (a) extend an assessment work period, (b) determine the duration of an extended work period, and (c) specify the remainder of the assessment work period that follows the extended work period. (2) The Minister shall not extend an assessment work period unless the Minister receives an application for extension from the mineral assessment appointee for a rock‑hosted minerals permit or a permit group on or before the last day of the assessment work period in respect of which the application for extension is made. (3) The Minister may determine the minimum spending requirements on assessment work with respect to the location described in a rock‑hosted minerals permit for an extended work period. (4) Subject to section 35, a rock‑hosted minerals permittee, through expenditures on assessment work on or attributed under this Regulation to the location described in the rock‑hosted minerals permit, shall meet the minimum spending requirements determined under subsection (3). (5) The following rules apply to the submission of mineral assessment reports in respect of extended work periods: (a) the Minister shall specify the date on or before which a mineral assessment report must be filed in respect of an extended work period; (b) the mineral assessment appointee for a rock‑hosted minerals permit or a permit group shall submit a mineral assessment report on or before the date specified by the Minister under clause (a). Confidentiality of mineral assessment report 37 (1) The Minister shall keep confidential all technical information and data contained in a mineral assessment report submitted (a) in respect of a rock‑hosted minerals permit, for a period of one year beginning on the last day of the assessment work period in respect of which the mineral assessment report was submitted, or (b) in respect of the rock‑hosted minerals permits in a permit group, for a period of one year beginning on the last day of the assessment work period of the permit group in respect of which the mineral assessment report was submitted. (2) At the end of the confidentiality period referred to in subsection (1)(a) or (b), the Minister shall make the technical information and data available to the public. (3) The Minister, in making the technical information and data available under subsection (2), may recover only the costs, including overhead, associated with its copying or reproduction. Part 3 Rock‑hosted Minerals Leases Application for rock‑hosted minerals lease 38 (1) A person may apply to the Minister for a rock‑hosted minerals lease. (2) An application must (a) be in a form that is satisfactory to the Minister, (b) include the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97), (c) include the annual rental for the first year of the primary term of the rock‑hosted minerals lease, (d) include evidence, satisfactory to the Minister, of a rock‑hosted metallic and industrial mineral deposit in the location described in the rock‑hosted minerals lease for which the application is being made, and (e) include any other information required by the Minister. (3) A rock‑hosted minerals permittee who applies for a rock‑hosted minerals lease in respect of the whole or a portion of the location described in the rock‑hosted minerals permit must apply before the term of the permit expires. Issuance of rock‑hosted minerals lease 39 (1) The Minister may issue a rock‑hosted minerals lease (a) to a person, other than a rock-hosted minerals permittee, who applies under section 38 if (i) the Minister is satisfied that the application meets the requirements set out in section 38(2), and (ii) the Minister considers issuing the lease to be warranted in the circumstances, (b) to a person who applies under section 38 who is a rock‑hosted minerals permittee if the Minister is satisfied that (i) the application meets the requirements set out in section 38(2) and (3), (ii) the permittee is in compliance with the requirements of the Act and Part 2, and (iii) the permittee has held a rock‑hosted minerals permit for at least the assessment work period referred to in section 18(1)(a), or (c) in any other manner provided for under section 16 of the Act. (2) The Minister may impose any terms and conditions on a rock‑hosted minerals lease that the Minister considers appropriate. Rights granted by rock‑hosted minerals lease 40 (1) Subject to subsection (2), a rock‑hosted minerals lease grants, in accordance with the terms and conditions of the lease, the exclusive right to win, work and recover rock‑hosted metallic and industrial minerals that are the property of the Crown (a) within the location described in the lease, or (b) if the rock‑hosted minerals lease relates to one or more specified zones, in the specified zone or zones within the location described in the lease. (2) The Minister may (a) restrict the kinds of rock‑hosted metallic and industrial minerals in respect of which rights are granted under a rock‑hosted minerals lease, and (b) limit the operations or activities that may be conducted under a rock‑hosted minerals lease to those operations or activities specified by the Minister in the lease. Area and boundaries of location 41 (1) The area of the location described in a rock‑hosted minerals lease must not exceed 2304 ha. (2) The boundaries and configuration of the location described in a rock‑hosted minerals lease must be approved by the Minister. Primary term of rock‑hosted minerals lease 42 The primary term of a rock‑hosted minerals lease is 15 years beginning on the term commencement date shown in the lease. Intermediate term of rock‑hosted minerals lease 43 (1) The holder of a rock‑hosted minerals lease may apply to the Minister before the primary term of the lease expires to extend the primary term of the lease to an intermediate term. (2) The intermediate term of a rock‑hosted minerals lease is 15 years beginning on the day following the last day of the primary term of the lease. (3) The Minister may extend the primary term to an intermediate term if the Minister is satisfied that the holder of the rock‑hosted minerals lease is in compliance with the Act, this Part and the terms and conditions of the rock‑hosted minerals lease. (4) The extension of the primary term of a rock‑hosted minerals lease to an intermediate term under subsection (3) (a) may be with respect to a portion of its location, as to portions of its location or as to a zone or zones within the location determined by the Minister, and (b) is subject to any terms and conditions that the Minister imposes at the time the Minister extends the primary term. (5) The intermediate term of a rock‑hosted minerals lease must not begin before the primary term of the lease expires. Continuation of rock‑hosted minerals lease 44 (1) The Minister may continue the primary term or intermediate term of a rock‑hosted minerals lease if the Minister is satisfied that the holder of the rock‑hosted minerals lease is in compliance with the Act, this Part and the terms and conditions of the lease. (2) Subject to section 46, the whole or a portion of the location, or a zone within the location, described in a rock‑hosted minerals lease that is continued under this section is continued for an indefinite term. (3) Only the whole or a portion of the location, or a zone within the location, described in a rock‑hosted minerals lease that is determined by the Minister to be productive may qualify for continuation under this section. Application for continuation of rock‑hosted minerals lease 45 (1) The holder of a rock‑hosted minerals lease may apply to the Minister for the continuation of the primary term or intermediate term of the rock‑hosted minerals lease (a) with the consent of the Minister, at any time during the primary term or intermediate term of the rock‑hosted minerals lease, (b) in accordance with section 46(2), or (c) if the lease has been extended under section 8(1)(h) of the Act, before the term of the lease expires. (2) An application must identify the location, a portion of the location or a zone within the location described in the rock‑hosted minerals lease that is to be continued. (3) On receipt of an application, the Minister shall determine whether the rock‑hosted minerals lease qualifies for continuation as to the whole or a portion of the location, or a zone within the location, described in the lease in respect of which the application is made. (4) If the Minister determines under subsection (3) that the whole of the location described in the rock‑hosted minerals lease qualifies for continuation, the Minister shall give written notice to the holder of the rock‑hosted minerals lease that the lease is continued in accordance with the application. (5) If the Minister determines under subsection (3) that a portion of the location or a zone within the location described in the rock‑hosted minerals lease does not qualify for continuation, the Minister shall give written notice to the holder of the rock‑hosted minerals lease (a) indicating the portion of the location or the zone within the location described in the lease that does not qualify for continuation, (b) indicating the portion of the location or the zone within the location described in the lease that qualifies for continuation, if any, and (c) specifying the deadline by which the holder of the rock‑hosted minerals lease may respond to the notice and indicate whether the lease should be continued only as to the portion of the location or the zone within the location that qualifies for continuation. (6) Where notice is given under subsection (5), the Minister shall not make a final decision in respect of an application until after the Minister receives a response to the notice or, if no response is received, after the deadline specified in the notice. (7) On making a final decision under subsection (6), the Minister shall give written notice of the decision to the holder of the rock‑hosted minerals lease. Notice respecting non‑productivity 46 (1) If the Minister determines that a rock‑hosted minerals lease continued under section 44 is no longer productive in the whole or a portion of the location, or any zone within the location, described in the lease, the Minister may give written notice to the holder of the rock‑hosted minerals lease stating that the lease, in the whole or portion of the location or zone within the location that is no longer productive, expires at the end of the one‑year period beginning on the date on which notice is given. (2) The holder of a rock‑hosted minerals lease to whom notice is given under subsection (1) may apply under section 45 to continue the term of the location, a portion of the location or a zone within the location described in the lease that is set to expire. (3) An application referred to in subsection (2) with respect to the location, a portion of the location or a zone within the location described in a rock‑hosted minerals lease continued under section 44 must be made before the term of the lease with respect to the location, portion of the location or zone within the location expires. Part 4 Brine‑hosted Minerals Leases Application for brine‑hosted minerals lease 47 (1) A person may apply to the Minister for a brine‑hosted minerals lease. (2) An application must (a) be in a form that is satisfactory to the Minister, (b) include the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97), (c) include the annual rental for the first year of the term of the brine‑hosted minerals lease, and (d) include any information required by the Minister. Issuance of brine‑hosted minerals lease 48 (1) The Minister may issue a brine‑hosted minerals lease (a) to a person who applies under section 47 if (i) the Minister is satisfied that the application meets the requirements set out in section 47(2), and (ii) the Minister considers issuing the lease to be warranted in the circumstances, or (b) in any other manner provided for under section 16 of the Act. (2) The Minister may impose any terms and conditions on a brine‑hosted minerals lease that the Minister considers appropriate. Rights granted by brine‑hosted minerals lease 49 (1) Subject to subsection (2), a brine‑hosted minerals lease grants, in accordance with the terms and conditions of the lease, the exclusive right to win, work and recover brine‑hosted metallic and industrial minerals that are the property of the Crown (a) within the location described in the lease, or (b) if the lease relates to one or more specified zones, in the specified zone or zones within the location described in the lease. (2) The Minister may (a) restrict the kinds of brine‑hosted metallic and industrial minerals in respect of which rights are granted under a brine‑hosted minerals lease, and (b) limit the operations or activities that may be conducted under a brine‑hosted minerals lease to those operations or activities specified by the Minister in the lease. Area and boundaries of location 50 (1) The area of the location described in a brine‑hosted minerals lease must not exceed 2304 ha. (2) The boundaries and configuration of the location described in a brine‑hosted minerals lease must be approved by the Minister.

Initial term of brine‑hosted minerals lease 51 The initial term of a brine‑hosted minerals lease is 10 years beginning on the term commencement date shown in the lease. Continuation of brine‑hosted minerals lease 52 (1) The Minister may continue the initial term of a brine‑hosted minerals lease if the Minister is satisfied that the holder of the brine‑hosted minerals lease is in compliance with the Act, this Part and the terms and conditions of the lease. (2) Subject to section 53, the whole or a portion of the location, or a zone within the location, described in a brine‑hosted minerals lease that is continued under this section is continued for an indefinite term. (3) Only the whole or a portion of the location, or a zone within the location, described in a brine‑hosted minerals lease that is determined by the Minister to be productive may qualify for continuation under this section. Application for continuation of brine‑hosted minerals lease 53 (1) The holder of a brine‑hosted minerals lease may apply to the Minister for the continuation of the initial term of the brine‑hosted minerals lease (a) with the consent of the Minister, at any time during the initial term of the lease, (b) in accordance with section 54(2), or (c) if the lease has been extended under section 8(1)(h) of the Act, before the term of the lease expires. (2) An application must identify the location or a portion of the location, or a zone within the location, described in the brine‑hosted minerals lease that is to be continued. (3) On receipt of an application, the Minister shall determine whether the brine‑hosted minerals lease qualifies for continuation as to the whole or a portion of the location, or a zone within the location, described in the lease in respect of which the application is made. (4) If the Minister determines under subsection (3) that the whole of the location described in the brine‑hosted minerals lease qualifies for continuation, the Minister shall give written notice to the holder of the brine‑hosted minerals lease that the lease is continued in accordance with the application. (5) If the Minister determines under subsection (3) that a portion of the location or a zone within the location described in the brine‑hosted minerals lease does not qualify for continuation, the Minister shall give written notice to the holder of the brine‑hosted minerals lease (a) indicating the portion of the location or zone within the location described in the brine‑hosted minerals lease that does not qualify for continuation, (b) indicating the portion of the location or the zone within the location described in the lease that qualifies for continuation, if any, and (c) specifying the deadline by which the holder of the brine‑hosted minerals lease may respond to the notice and indicate whether the lease should be continued only as to the portion of the location or the zone within the location that qualifies for continuation. (6) Where notice is given under subsection (5), the Minister shall not make a final decision in respect of an application until after the Minister receives a response to the notice or, if no response is received, after the deadline specified in the notice. (7) On making a final decision under subsection (6), the Minister shall give written notice of the decision to the holder of the brine‑hosted minerals lease. Notice respecting non‑productivity 54 (1) If the Minister determines that a brine‑hosted minerals lease continued under section 52 is no longer productive in the whole or a portion of the location, or a zone within the location, described in the lease, the Minister may give written notice to the holder of the brine‑hosted minerals lease stating that the lease, in the whole or portion of the location or zone within the location, that is no longer productive, expires at the end of the one‑year period beginning on the date on which notice is given. (2) The holder of a brine‑hosted minerals lease to whom notice is given under subsection (1) may apply under section 53 to continue the term of the location, portion of the location or zone within the location described in the lease that is set to expire. (3) An application referred to in subsection (2) with respect to the location, a portion of the location or a zone of the location described in a brine‑hosted minerals lease continued under section 52 must be made before the term of the lease with respect to the location, portion of the location or zone within the location expires. Part 5 Secondary Mineral Leases Definitions 55 In this Part, (a) “approved surface operation” means an operation for the recovery and processing of surface materials, and the equipment, plant and facilities used or involved in that operation, for which all licences, approvals, permits or consents required under the law of Alberta have been obtained and are valid and subsisting; (b) “secondary recovery operation” means an operation for the winning, working and recovering, from surface materials recovered and processed through an approved surface operation, of metallic and industrial minerals that are contained in those surface materials; (c) “surface materials” means sand, gravel, clay, marl, topsoil, silt or peat. Application for secondary mineral lease 56 (1) A person may apply to the Minister for a secondary mineral lease. (2) An application must (a) be in a form that is satisfactory to the Minister, (b) include the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97), (c) include written proof that the applicant (i) holds all valid and subsisting licences, approvals, permits and consents required to conduct the approved surface operation, or (ii) is authorized by the person who holds those valid and subsisting licences, approvals, permits and consents to conduct the secondary recovery operation, and (d) include any other information required by the Minister. Issuance of secondary mineral lease 57 (1) The Minister may issue a secondary mineral lease (a) to a person who applies under section 56 if the Minister is satisfied that the application meets the requirements set out in section 56(2), or (b) in any other manner provided for under section 16 of the Act. (2) The Minister may impose any terms and conditions on a secondary mineral lease that the Minister considers appropriate. Rights granted by secondary mineral lease 58 (1) Subject to subsection (2), a secondary mineral lease grants, in accordance with the terms and conditions of that lease, the exclusive right to win, work and recover metallic and industrial minerals in and through a secondary recovery operation. (2) The Minister may restrict the kinds of metallic and industrial minerals in respect of which rights are granted under a secondary mineral lease. (3) The recovery of metallic and industrial minerals under a secondary mineral lease must be accomplished through what is, in the opinion of the Minister, an ore processing or wash plant operation located in Alberta. Area of location 59 (1) The area of the location described in a secondary mineral lease consists of the area determined by the Minister to encompass the secondary recovery operation. (2) The Minister may amend the location described in a secondary mineral lease accordingly as the area determined under subsection (1) changes. Term of secondary mineral lease 60 The term of a secondary mineral lease is 5 years beginning on the term commencement date shown in the lease. Renewal of secondary mineral lease 61 (1) The holder of a secondary mineral lease may apply to the Minister to renew the lease. (2) An application must (a) be in a form that is satisfactory to the Minister, (b) be made before the end of the term of the secondary mineral lease, (c) include the renewal fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97), and (d) include any information required by the Minister. (3) The Minister may renew a secondary mineral lease for a term of 5 years if (a) the application meets the requirements set out in subsection (2), (b) the holder of the secondary mineral lease is in compliance with the requirements of the Act, this Part and the terms and conditions of the lease, and (c) at the time of the renewal, the holder of the lease (i) continues to hold the valid and subsisting licences, approvals, permits and consents required to conduct the approved surface operation, or (ii) continues to be authorized by the person who holds the valid and subsisting licences, approvals, permits and consents required to conduct the secondary recovery operation. (4) The renewal of a secondary mineral lease (a) may be with respect to the whole of the location or a portion of the location described in the lease, as approved by the Minister, and (b) is subject to any terms and conditions imposed by the Minister at the time the lease is renewed. (5) The renewed term of a secondary mineral lease begins on the day after the last day of the previous term of the lease. Part 6 Subsurface Reservoir Leases Definitions 62 In this Part, (a) “subsurface reservoir” means (i) a subsurface cavern created as a result of operations for the recovery of a mineral belonging to the Crown, (ii) an underground formation consisting of a mineral belonging to the Crown that will be removed under the lease to create a subsurface cavern, or (iii) an underground formation in which all mines and minerals belong to the Crown; (b) “subsurface reservoir zone”, in respect of a subsurface reservoir lease, means the subsurface reservoir described in the lease to the extent that the subsurface reservoir is found within the location described in the lease. Application for subsurface reservoir lease 63 (1) A person may apply to the Minister for a subsurface reservoir lease. (2) An application must (a) be in a form that is satisfactory to the Minister, (b) include a geological description of the proposed subsurface reservoir to be included in the lease, (c) include a description of the fluid or substance to be stored or sequestered in the subsurface reservoir, (d) include the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97), (e) include the annual rental for the first year of the term of the subsurface reservoir lease, and (f) include any other information required by the Minister. Issuance of subsurface reservoir lease 64 (1) The Minister may issue a subsurface reservoir lease (a) to a person who applies under section 63 if the Minister is satisfied that the application meets the requirements set out in section 63(2), or (b) in any other manner provided for under section 16 of the Act. (2) The Minister may impose any terms and conditions on a subsurface reservoir lease that the Minister considers appropriate, including terms and conditions in respect of (a) the term of the lease, (b) the renewal or cancellation of the lease, (c) the operations or activities that may be conducted under the lease and the fluids or substances that may be stored or sequestered, (d) the exclusivity or non‑exclusivity of the lease, or (e) the payment of (i) an annual rental for the lease, and (ii) amounts for the use of the subsurface reservoir, including the following: (A) an amount per injection well drilled or used in connection with the lease; (B) an amount per cubic metre of fluid or substance injected into the subsurface reservoir. Rights granted by subsurface reservoir lease 65 A subsurface reservoir lease grants, in accordance with the terms and conditions of the lease, one or both of the following: (a) the right to conduct operations to remove a mineral in the subsurface reservoir zone to create a subsurface cavern; (b) the right to use a subsurface reservoir in the subsurface reservoir zone under the lease for the purposes of storage or sequestration. Obligations under subsurface reservoir lease 66 (1) The holder of a subsurface reservoir lease shall obtain a well licence and the approval of the Alberta Energy Regulator under the Oil and Gas Conservation Act before drilling or using a well for the purposes set out in the lease. (2) The holder of a subsurface reservoir lease shall not transfer the lease without the consent in writing of the Minister. (3) For greater certainty, section 56(2) of the Act applies where a right under a subsurface reservoir lease is exercised under section 56(1)(a) of the Act. Part 7 Miscellaneous Request for information 67 (1) The Minister may request from the following persons at any time any relevant information or the results of any plan, study, investigation or survey undertaking, including any work, sampling or assessments undertaken as part of the exploration, development or recovery of metallic and industrial minerals: (a) the holder of a placer minerals licence; (b) a rock‑hosted minerals permittee; (c) the holder of a rock‑hosted minerals lease or a brine‑hosted minerals lease; (d) the holder of a secondary mineral lease. (2) The Minister may request from the holder of a subsurface reservoir lease at any time any relevant information or the results of any plan, study, investigation or survey undertaking, including any work, sampling or assessments undertaken as part of the (a) exploration, development or recovery of minerals, or (b) storage or sequestration of fluids or substances. (3) A person to whom the Minister makes a request under subsection (1) or (2) shall provide the requested information or results to the Minister within the time specified in the request. Escalating rental 68 (1) The escalating rental for the intermediate term of a rock‑hosted minerals lease referred to in section 20 of the Mines and Minerals Administration Regulation (AR 262/97) is the amount determined in accordance with Schedule 2 based on the area of the location described in the rock‑hosted minerals lease as it stood on the first day of that year of the intermediate term. (2) The escalating rental is due and payable on the first day of each year of the intermediate term. (3) Where a rock‑hosted minerals lease is surrendered during the intermediate term of the lease, the holder of the rock‑hosted minerals lease is not entitled to a refund of any escalating rental paid under this section. Prospecting 69 (1) Subject to subsection (2), a person may prospect for a metallic and industrial mineral without holding a placer minerals licence, a rock‑hosted minerals permit, a rock‑hosted minerals lease, a brine‑hosted minerals lease, a secondary mineral lease or an agreement under section 9 of the Act. (2) No person shall prospect on land on or near an active well, mine, pit or quarry, including, but not limited to, (a) within that portion of the location described in an agreement issued under the Act to which the holder of the agreement has been granted surface access to the mineral rights granted by the agreement under a disposition granted under the Public Lands Act or by an owner of private land or the owner’s agent, (b) within the surface mineable area of the location of a scheme or operation approved by the Alberta Energy Regulator under the Oil Sands Conservation Act , (c) at a site or location for which a licence to mine coal has been issued by the Alberta Energy Regulator under the Coal Conservation Act , or (d) on public land within the location of a lease or licence issued under Division 6 of Part 3 of the Public Lands Administration Regulation (AR 187/2011) on which operations or work is being conducted under a detailed operating plan approved under that Regulation, unless that person is the holder of the agreement, licence, approval or lease, as the case may be, or a person authorized by the holder of the agreement, licence, approval or lease. Part 8 Transitional Provisions Definitions 70 In this Part, (a) “brine‑hosted minerals licence” means a brine‑hosted minerals licence issued under this Part; (b) “former lease” means a lease issued under Part 3 of the former Regulation that is in effect immediately before the coming into force of this Part; (c) “former minerals” means, with respect to an agreement under the former Regulation, the metallic and industrial minerals, as defined in the former Regulation, in respect of which rights are granted by the agreement; (d) “former permit” means a permit issued under Part 1 of the former Regulation that is in effect immediately before the coming into force of this Part; (e) “former permit group” means a permit group made up of former permits that was approved by the Minister under the former Regulation and that has not expired before the coming into force of this Part; (f) “former Regulation” means the Metallic and Industrial Minerals Tenure Regulation (AR 145/2005) as it read immediately before the coming into force of this Part; (g) “holder”, in respect of a brine-hosted minerals licence, has the same meaning as in section 1(i); (h) “permit transition period” means the one‑year period beginning on the coming into force of this Part; (i) “transitional assessment work period” means the assessment work period of a former permit that is under way immediately before the coming into force of this Part. Division 1 Former Permits Transitional — former permits 71 (1) A former permit is continued as a rock‑hosted minerals permit under this Regulation in respect of the former minerals that fall within the definition of rock‑hosted metallic and industrial minerals. (2) Where a former permit grants rights in respect of former minerals that fall within the definition of brine‑hosted metallic and industrial minerals, the former permit ceases to be in effect with respect to those brine‑hosted metallic and industrial minerals. (3) A former permit continued as a rock‑hosted minerals permit under subsection (1) is continued on the same terms and conditions as the former permit, subject to the term of the permit becoming indefinite. (4) A former permit group is continued as a permit group under this Regulation on the same terms and conditions as the former permit group. Transitional — assessment work period 72 (1) Where a former permit is continued as a rock‑hosted minerals permit under section 71(1), the transitional assessment work period of the former permit continues as the assessment work period of the rock‑hosted minerals permit. (2) Subject to subsection (3), sections 8(1) and 13(3) of the former Regulation continue to apply in respect of an assessment work period continued under subsection (1). (3) For the purposes of subsection (2), the references to sections 25 and 26 in section 8(1) of the former Regulation are to be read as references to sections 35 and 36 of this Regulation. (4) For greater certainty, sections 18(1) and 23(3) apply to any assessment work periods subsequent to the assessment work period of the rock-hosted minerals permit referred to in subsection (1) instead of sections 8(1) and 13(3) of the former Regulation. (5) In section 18(2)(a), with respect to a rock‑hosted minerals permit continued under section 71(1), “previous assessment work period” includes the transitional assessment work period or any assessment work period of the former permit that ended before the coming into force of this section. Division 2 Brine‑hosted Minerals Licences Application for brine‑hosted minerals licence 73 (1) The holder of a rock‑hosted minerals permit continued under section 71(1) may apply to the Minister for a brine‑hosted minerals licence. (2) An application must (a) be in a form that is satisfactory to the Minister, (b) include any information required by the Minister, and (c) be submitted to the Minister before the permit transition period expires. Issuance of brine‑hosted minerals licence 74 (1) The Minister may issue a brine‑hosted minerals licence to an individual who applies under section 73 if the Minister is satisfied that the application meets the requirements set out in section 73(2). (2) The Minister may impose any terms and conditions on a brine‑hosted minerals licence that the Minister considers appropriate, including terms and conditions in respect of (a) the term of the licence, or (b) the area, boundaries and configuration of the location described in the licence. Rights granted by brine‑hosted minerals licence 75 (1) Subject to subsection (2), a brine‑hosted minerals licence grants, in accordance with the terms and conditions of the brine‑hosted minerals licence, (a) the exclusive right to explore for brine‑hosted metallic and industrial minerals in the subsurface strata within and under the location described in the licence, and (b) the right to remove samples of brine‑hosted metallic and industrial minerals from the location described in the licence for the purposes of testing and of other scientific studies. (2) The Minister may (a) restrict the kinds of brine‑hosted metallic and industrial minerals in respect of which rights are granted under a brine‑hosted minerals licence, and (b) limit the operations or activities that may be conducted under a brine‑hosted minerals licence to those operations or activities specified by the Minister in the licence. Area and boundaries of location 76 (1) The area of the location described in a brine‑hosted minerals licence must be the same area or within the same area of the location described in the former permit. (2) The boundaries and configuration of the location described in a brine‑hosted minerals licence must be approved by the Minister. Term of brine‑hosted minerals licence 77 (1) The term of a brine‑hosted minerals licence is 5 years beginning on the term commencement date shown in the licence. (2) A brine‑hosted minerals licence must not be renewed, extended or continued. Request for information 78 Section 67(1) and (3) apply to the holder of a brine‑hosted minerals licence in respect of the brine‑hosted minerals licence. Application for brine‑hosted minerals lease 79 (1) This section applies where the holder of a brine‑hosted minerals licence applies for a brine‑hosted minerals lease under section 47 in respect of the whole or a portion of the location described in the licence. (2) An application under section 47 by the holder of a brine‑hosted minerals licence must be made before the term of the licence expires. (3) Notwithstanding section 48(1), the Minister may issue a brine‑hosted minerals lease to the holder of a brine‑hosted minerals licence if (a) the Minister is satisfied that the application meets the requirements set out in section 47(2), and (b) the holder of the licence is in compliance with the requirements of the Act and this Part. (4) The area of the location described in a brine-hosted minerals lease issued to the holder of a brine-hosted minerals licence must be the same area or within the same area of the location described in the licence. (5) The Minister shall not issue a brine‑hosted minerals lease during the permit transition period in respect of a location described in a rock‑hosted minerals permit continued under section 71(1). Division 3 Part 2 Licences and Parts 3, 4 and 4.1 Leases Transitional — Part 2 licences 80 A licence issued under Part 2 of the former Regulation that is in effect immediately before the coming into force of this section is continued as a placer minerals licence under this Regulation on the same terms and conditions as the licence issued under the former Regulation. Transitional — Part 3 leases 81 (1) A former lease that grants rights only in respect of former minerals that fall within the definition of rock‑hosted metallic and industrial minerals is continued as a rock‑hosted minerals lease under this Regulation in respect of those rock‑hosted metallic and industrial minerals on the same terms and conditions as the former lease. (2) A former lease that grants rights only in respect of former minerals that fall within the definition of brine‑hosted metallic and industrial minerals is replaced with a brine‑hosted minerals lease under this Regulation in respect of those brine‑hosted metallic and industrial minerals. (3) A former lease that grants rights in respect of former minerals that fall within the definitions of rock‑hosted metallic and industrial minerals and brine‑hosted metallic and industrial minerals (a) is continued as a rock‑hosted minerals lease under this Regulation in respect of those rock‑hosted metallic and industrial minerals on the same terms and conditions as the former lease, and (b) is replaced with a brine‑hosted minerals lease under this Regulation in respect of those brine‑hosted metallic and industrial minerals. (4) Where a former lease is continued as a rock‑hosted minerals lease under subsection (1) or (3)(a), the term of the former lease continues as the primary term of the rock‑hosted minerals lease, regardless of whether the former lease was renewed under the former Regulation. (5) The term commencement date of a brine‑hosted minerals lease that replaces a former lease under subsection (2) or (3)(b) is the date of the coming into force of this section. Transitional — Parts 4 and 4.1 leases 82 (1) A secondary mineral lease issued under Part 4 of the former Regulation that is in effect immediately before the coming into force of this section is renewed as a secondary mineral lease under this Regulation on the same terms and conditions as the lease issued under the former Regulation. (2) A subsurface reservoir lease issued under Part 4.1 of the former Regulation is continued as a subsurface reservoir lease under this Regulation on the same terms and conditions as the lease issued under the former Regulation. Part 9 Repeal, Expiry and Coming into Force Repeal 83 The Metallic and Industrial Minerals Tenure Regulation (AR 145/2005) is repealed. Expiry 84 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on January 31, 2033. Coming into force 85 This Regulation comes into force on January 1, 2023. Schedule 1 Mineral Assessment Reports 1 In this Schedule, (a) “Part A” means Part A of the mineral assessment report consisting of all administrative documents accompanying the technical report that are required (i) to meet the mineral assessment report filing requirements under Part 2 of this Regulation, (ii) to authorize the allocation or attribution of expenditures to the location described in a rock‑hosted minerals permit, (iii) to authorize, if applicable, the surrender of a rock‑hosted minerals permit or a portion of the location described in a permit, and (iv) to support the submission of Part B and, if applicable, Part C of the mineral assessment report; (b) “Part B” means Part B of the mineral assessment report consisting of the technical report describing the assessment work, results, analyses and conclusions with respect to the location and work period of each rock‑hosted minerals permit to which the mineral assessment report relates; (c) “Part C” means Part C of the mineral assessment report consisting of any supporting or supplementary technical appendices to Part B, the content of which may include data, results and information supporting the method, data, results or conclusions of the mineral assessment report; (d) “technical author” means the person who prepares or supervises the preparation of Part B and, if applicable, Part C. 2 A mineral assessment report submitted under this Regulation (a) must contain Part A and Part B, and (b) may contain Part C, relating to the results of assessment work conducted on the location described in a rock‑hosted minerals permit or the permits in a permit group during the assessment work period to which the report pertains. 3 (1) One original of each of the Part A documents must be submitted to the Minister and the Part A documents must be (a) complete with all required signatures and authorizations, (b) considered by the Minister to be of suitable quality to copy or reproduce, and (c) in a format or formats approved by the Minister. (2) One copy of Part B must be submitted to the Minister and must be (a) considered by the Minister to be of suitable quality to copy or reproduce, and (b) in a format or formats approved by the Minister. (3) If a mineral assessment report contains Part C, then unless otherwise specified by the Minister, one copy of Part C must be submitted to the Minister and, in the opinion of the Minister, must be of suitable quality to copy or reproduce. 4 (1) Part A must contain (a) a name for the project in respect of which the mineral assessment report is being submitted, (b) a list of the rock‑hosted minerals permits covered by the mineral assessment report and, in respect of each permit, its number and the name of the rock‑hosted minerals permittee, (c) a detailed statement of expenditures incurred in conducting assessment work during the work period of the rock‑hosted minerals permit or the work periods of the permits in the permit group to which the mineral assessment report relates, (d) instructions regarding the allocation to rock‑hosted minerals permits of the expenditures on assessment work referred to in clause (c), (e) instructions regarding the retention of the rock‑hosted minerals permits or of the portions of the locations described in the permits under and in accordance with sections 30 and 33 of this Regulation, and (f) a map showing the location, the boundaries and the number of each rock‑hosted minerals permit in respect of which the mineral assessment report is being submitted. (2) Part A must include a statement or statements signed by the mineral assessment appointee (a) verifying the accuracy and completeness of Part A, (b) verifying the completeness of Part B and, if applicable, Part C, and (c) authorizing any instructions or requests to the Minister contained in Part A. 5 Part B must (a) contain page numbers on the title page and all subsequent pages and appendices, (b) contain a table of contents that sets out the principal subdivisions of the text and corresponding page numbers of Part B and, if applicable, Part C, and a table of illustrations with corresponding figure numbers, (c) contain a text, along with technical illustrations and tabulations, consisting of the following principal subdivisions that contain the following information and data: (i) summary — a summary of the assessment work performed and of the results obtained with respect to the locations described in the rock‑hosted minerals permits during the assessment work periods of the permits or permits in the permit group for which the mineral assessment report is being submitted; (ii) expenditure statement — an expenditure statement with respect to the locations described in the rock‑hosted minerals permits during the assessment work periods of the permits or permits in the permit group for which the mineral assessment report is being submitted; (iii) introduction — an outline of the scope and exploration objectives of the assessment work; (iv) location and access — details regarding the location of the assessment work, including reference maps showing (A) the location, boundaries and rock‑hosted minerals permit numbers for each permit in respect of which that assessment work was conducted, and (B) the specific sites and exploration grids used for sampling, drilling, surveying and other assessment work within the location described in each rock‑hosted minerals permit; (v) work performed — a detailed description of the assessment work, including the methods of performing the assessment work, the name of the individual or company who performed or supervised the work and the dates on which the work was performed; (vi) results — a tabulation or compilation of data collected in the course of the assessment work, a description of the analysis and the results of that data and reference to each appendix in accordance with clause (e); (vii) conclusions — an outline of the conclusions reached from the assessment work and next steps to be taken as a result of those conclusions; (viii) references — a list of publications and all other sources of information, other than the assessment work, referred to in Part B and, if applicable, Part C, (d) contain a signed statement from the technical author that (i) states the name and qualifications or work experience of the technical author, (ii) provides authorization to copy or reproduce Part B and, if applicable, Part C after the end of the one‑year confidentiality period referred to in section 37(1) of this Regulation, and (iii) accepts responsibility for the veracity of the technical data and results, and (e) refer to each appendix contained in Part C, if applicable, with respect to key findings, a summary of results or the relevance of the appendix to the mineral assessment report results. 6 The following kinds of work may be submitted to the Minister as assessment work for the purposes of the spending requirements of sections 18(1) and (3) and 36(3) of this Regulation: (a) prospecting; (b) stripping and trenching; (c) shaft sinking, tunnelling and other underground work; (d) drilling; (e) geological survey; (f) geophysical survey; (g) geochemical survey; (h) legal land survey; (i) transporting drill core and mineral samples to a core storage facility or other location approved by the Minister; (j) reclamation of disturbed sites; (k) any other type of work approved by the Minister as assessment work for the purposes of the spending requirements of sections 18(1) and (3) and 36(3) of this Regulation. 7 With respect to data and results submitted in Part B or, if applicable, Part C, (a) all locations and data must be reported using geographic coordinates, units of measure or other data conventions approved by the Minister, (b) if mineral sampling or drilling is reported, an identification code must be provided for each mineral sample, drill core or cutting, for use as a reference code in all descriptions, assays and analyses of that mineral sample, drill core or cutting, and (c) if sampling, drilling or other on‑site analysis is reported, a point location code or name must be provided with the description of each sample, drill core, cutting or on‑site analysis to distinguish work performed and material collected at the same point location from work performed and material collected at different point locations. 8 (1) Drilling results must include clearly legible drill logs. (2) Mineral sampling results must identify (a) the date when the sampling took place, (b) the size and type of sample, (c) the sampling location, given by geographic coordinates and shown on a map, and (d) the observed physical or geological characteristics of the sample. (3) If assays or analytical results are reported, the mineral assessment report must also include (a) a description of the analytical methods used and indicated detection limits, (b) a clearly legible signed copy of the certified laboratory report submitted by the analytical facility that furnished the assays or analytical results, and (c) cross‑references between the laboratory report and the samples or drill core identification code provided under section 7(b) of this Schedule. Schedule 2 Escalating Rental Year of the intermediate term of rock‑hosted minerals lease Escalating rental (per hectare) 1 $3.00 2 $3.00 3 $4.00 4 $4.00 5 $6.00 6 $6.00 7 $8.00 8 $10.00 9 $12.00 10 $14.00 11 $17.00 12 $21.00 13 $26.00 14 $32.00 15 $40.00