Mineral Parcel Accretion Regulations, M-16.1 Reg 6

1 MINERAL PARCEL ACCRETION M-16.1 Reg 6 The Mineral Parcel Accretion Regulations being Chapter M-16.1 Reg 6 (effective May 10, 2024). 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 M-16.1 Reg 6 MINERAL PARCEL ACCRETION Table of Contents 1 Title 2 Definitions 3 Minister’s determination respecting accretion 4 Coming into force 3 MINERAL PARCEL ACCRETION M-16.1 Reg 6 Chapter M-16.1 Reg 6 The Mineral Resources Act, 1998 Title 1 These regulations may be cited as The Mineral Parcel Accretion Regulations. Definitions 2 In these regulations: “Act” means The Mineral Resources Act, 1985; “fractional interest” means fractional interest within the meaning of The Land Titles Act, 2000; “mineral commodity” means a mineral commodity as defined in The Land Titles Act, 2000; “spaces” means spaces as defined in The Crown Minerals Act. 17 May 2024 c.M-16.1 Reg 6 s2. Minister’s determination respecting accretion 3(1) For the purposes of clause 8.1(2)(b) of the Act, the minister may consent to the transfer of accreted land within a mineral parcel to the adjacent landowner if that adjacent landowner: (a) is the owner of a mineral parcel that lies directly beneath a surface parcel adjacent to the accreted land; (b) applies to the minister in writing requesting the minister’s consent for the transfer of the accreted land within the mineral parcel; (c) provides the mineral parcel numbers or, if the mineral parcel numbers do not exist, the legal land descriptions, respecting both the mineral parcel that the adjacent landowner owns and the mineral parcel within which accretion has occurred; (d) submits evidence satisfactory to the minister that: (i) ministerial consent has been given pursuant to The Provincial Lands Act, 2016 with respect to accretion on the surface parcel overlying the mineral parcel for which the application mentioned in clause (a) is being made; and (ii) consent has been obtained from the following persons that could be adversely affected by the transfer of accreted land within the mineral parcel: (A) mineral owners; (B) existing Crown disposition holders; (C) non-Crown disposition holders; (D) unit operators; and (e) satisfies any other condition that the minister considers necessary in order to consent to the transfer of accreted land within the mineral parcel. 4 M-16.1 Reg 6 MINERAL PARCEL ACCRETION (2) If the minister’s consent is given pursuant to subsection (1), the transfer of accreted land within a mineral parcel includes only those mineral commodities and fractional interests that are held by the adjacent landowner in the adjacent land at the time that landowner submits the application. (3) For the purposes of subsection 8.1(5) of the Act, the minister may withhold consent to the transfer of accreted land within a mineral parcel if: (a) the mineral parcel is subject to: (i) Crown dispositions; (ii) non-Crown dispositions; (iii) a combination of both Crown dispositions and non-Crown dispositions; (iv) an agreement for a unit operation; or (v) an application or request respecting any of the instruments mentioned in subclauses (i) to (iv); (b) the mineral parcel has been nominated for competitive public bidding for Crown dispositions; (c) the mineral parcel or spaces have been staked, selected or otherwise claimed for exploration or development; (d) the mineral parcel has been set aside for the purposes of fulfilling the Crown’s obligations and agreements made with Indian Bands pursuant to: (i) The Crown Minerals Act; or (ii) The Saskatchewan Natural Resources Transfer Agreement (Treaty Land Entitlement) Act; (e) the mineral parcel is subject to: (i) environmental controls; (ii) well suspension or well abandonment activities; (iii) land reclamation or remediation activities; or (iv) The Reclaimed Industrial Sites Act; (f) the adjacent landowner who has applied in accordance with subsection (1), or any adjacent landowner who has not applied but who holds an ownership interest in minerals in an adjacent mineral parcel, is in default respecting taxes, royalties, fees or other amounts requiring payment to the minister; or (g) any other reason exists that the minister considers to be in the public interest. (4) If applicable, the adjacent landowner who has applied in accordance with subsection (1) is responsible for all fees and charges associated with obtaining a survey, subdivision approval, title transfer and any other fees, charges or associated costs that are necessary to give effect to the transfer of the accreted land within a mineral parcel. (5) If the minister provides consent pursuant to subsection (1), the minister shall not require any payment or other charge for the value of the accreted land within the mineral parcel. 5 MINERAL PARCEL ACCRETION M-16.1 Reg 6 (6) The minister may request a change to the boundary of a mineral parcel to include accreted land within the mineral parcel if the Crown owns a complete or partial ownership interest of the adjacent mineral parcel and no application has been made pursuant to subsection (1). 17 May 2024 c.M-16.1 Reg 6 s3. Coming into force 4(1) Subject so subsection (2), these regulations come into force on the day on which section 1-1 of The Miscellaneous Statutes (Accretion) Amendment Act, 2023 comes into force. (2) If section 1-1 of The Miscellaneous Statutes (Accretion) Amendment Act, 2023 comes into force before the day on which these regulations are filed with the Registrar of Regulations, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 17 May 2024 c.M-16.1 Reg 6 s4. 6 M-16.1 Reg 6 MINERAL PARCEL ACCRETION REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024