Indian Mining Regulations

Regulations Providing for the Disposition of Surrendered Minerals Underlying Lands in Indian Reserves These Regulations may be cited as the Indian Mining Regulations. In these Regulations, Act means the Indian Act; (Loi) assessment work means work performed that in the opinion of the Supervisor was performed for the purpose of discovering and developing minerals in a permit area or lease area and includes geological, geophysical, geochemical and similar surveys, core drilling, churn drilling and any other drilling method when used to provide geological information, removing overburden, drifting, crosscutting, shaft sinking, raising and similar underground work, road building, and any other type of work approved by the Supervisor; (travaux statutaires) Department means the Department of Indian Affairs and Northern Development; (ministère) Division Chief means the Chief, Oil and Mineral Division of the Development Branch of the Department or any person authorized by him; (chef de la Division) lease means a lease issued pursuant to section 5, 6 or 19 granting the right to explore for, develop and produce minerals within the lease area; (bail) lease area means the tract of land or location described in a lease; (étendue visée par un bail) lessee means a person who holds a lease; (preneur) minerals means naturally occurring metallic and non-metallic minerals and rock containing such minerals, but does not include petroleum, natural gas and other petroliferous minerals or any unconsolidated minerals such as placer deposits, gravel, sand, clay, earth, ash, marl and peat; (minéraux) Minister means the Minister of Indian Affairs and Northern Development; (ministre) permit means a permit issued under section 5 or 6 granting the right to explore for and develop minerals within the permit area; (permis) permit area means the tract of land or location described in a permit; (étendue visée par un permis) permittee means a person who holds a permit; (détenteur de permis) person means a person who has attained the age of 21 years or a corporation registered or licensed in Canada or in any province thereof; (personne) Supervisor means the Supervisor of Indian Minerals for the Oil and Mineral Division of the Development Branch of the Department, or any person authorized by him; (Surveillant) treatment means concentrating, smelting, refining or any similar process but does not include washing, screening, conveying, loading or other handling methods when they are not combined with treatment. (traitement) For the purposes of these Regulations, section and legal subdivision have the same meanings as in Part II of the Canada Lands Surveys Act. These Regulations apply with respect to surrendered mines and minerals underlying lands in a reserve, but do not apply with respect to surrendered mines and minerals underlying lands in a reserve that is situated in the Province of British Columbia. Every permittee and every lessee shall comply with the laws of the province in which his permit area or lease area is situated where such laws relate to exploration for, or development, production, treatment and marketing of minerals and do not conflict with these Regulations. The Division Chief may, by public advertisement or in such other manner as he considers advisable, invite tenders for mineral rights on such terms and conditions as he deems proper. Where tenders have been submitted in compliance with the terms and conditions set forth by the Division Chief, the Division Chief may issue a permit or lease to the person submitting the highest tender or may reject all tenders. Notwithstanding section 5, the Division Chief may, with the consent of the council of the band for whose use and benefit lands have been set apart and subject to such terms and conditions as the council of the band may approve, issue a permit or lease with respect to minerals underlying such lands to any person upon application therefor. Every application for a permit or lease shall be accompanied by the fee therefor set out in the schedule payable to the Receiver General. Subject to subsection (2), every permit expires one year from the date upon which it was issued. Where before the expiration of his permit a permittee makes an application in a form satisfactory to the Supervisor for extension thereof, the Supervisor, upon being satisfied that the permittee has complied with these Regulations, and with the terms and conditions of his permit, shall extend that permit for a period of one year or for such shorter period of time as the permittee may request. Every application for extension of a permit shall contain a summary of the work that has been done under the permit and the most recent extension thereof; and a summary of the work that the permittee proposes to do if the permit is extended. A permittee shall not be entitled to more than three extensions of his permit unless the invitation to tender under section 5 or the permit issued under section 6 states that more than three extensions may be granted; or in the opinion of the Supervisor, the extension of the permit is required to complete exploration work in the permit area and assessment work has been performed satisfactorily. Where, within 30 days after the date upon which a permit expires, the holder of the expired permit makes an application to the Supervisor for reinstatement and extension of that permit, the Division Chief may at the request of the Supervisor reinstate and extend that permit for a period not exceeding one year from the date upon which it expired. A permittee shall pay, unless otherwise provided in the invitation to tender under section 5 or in the permit issued under section 6, the rent for the initial term of his permit or an extension thereof, as the case may be, in advance to the Receiver General and such rent shall be payable at the rate of $0.25 for each acre in the permit area in respect of the initial term of his permit; $0.04 per month for each acre in the permit area in respect of each of the first, second and third extensions of his permit; and $0.08 per month for each acre in the permit area in respect of any further extension. Where a permittee is issued a lease pursuant to section 19, the Division Chief shall direct the return to the permittee of any rent paid pursuant to subsection (1) that applies to the unexpired term of the permit or extension thereof, as the case may be, that was issued for the area taken under the lease. No permit shall be issued to any person unless that person has deposited with the Division Chief a security deposit in such amount or at such rate, if any, as may be specified in the invitation to tender under section 5 or in the permit to be issued under section 6. A security deposit shall be in the form of money, bonds or promissory notes payable to the Receiver General on demand at a chartered bank or in such other form as the Division Chief deems proper. Where a permit expires or is surrendered, the Division Chief, upon being satisfied that the permittee has complied with these Regulations and with the terms and conditions of his permit, shall direct that any security deposit deposited pursuant to subsection 11(1) be returned to the permittee. During the initial term of his permit or during any extension thereof, as the case may be, every permittee shall perform assessment work acceptable to the Supervisor, of the value of $0.50 for each acre in the permit area during the initial term of his permit, and $1 for each acre in the permit area during the term of each extension of his permit, or of such other value as may be specified in the invitation to tender under section 5 or in the permit issued under section 6. Where, in his opinion, assessment work performed near a permit area serves to evaluate the mineral potential of the permit area, the Supervisor may deem the whole or any part of the value of that work to be assessment work performed in the permit area. Where assessment work of the value required under subsection 13(1) is not performed, the permittee shall make a cash payment to the Receiver General in an amount equal to the difference between the value of assessment work performed and the value of assessment work required to be performed. Where the value of assessment work performed during the term of a permit or an extension thereof exceeds the value of assessment work required to be performed pursuant to subsection 13(1), the Supervisor may credit the excess value of the assessment work performed to the value of the assessment work required to be performed pursuant to subsection 13(1) during any extension or further extension of the permit; or pursuant to any lease or leases that the permittee may acquire with respect to all or any part of his permit area. Every permittee shall, within 90 days following the expiry of his permit and following any extension thereof, forward to the Supervisor a certified statement in duplicate itemizing the assessment work performed and the cost of performing such work during the term of his permit and any extension thereof together with any cash payment that may be required pursuant to subsection 14(1). Every permittee shall, within six months following the expiry of his permit and following any extension thereof, forward to the Supervisor copies in duplicate of all maps and technical information that serve to record the assessment work performed for the term of his permit and any extension thereof together with a report of the results obtained from the performance of that assessment work. Where the Supervisor is not satisfied with the statements, maps or technical information submitted under subsection (1) or (2), he may require the permittee to submit additional information. Subject to subsection (2), no permittee shall produce minerals from his permit area. A permittee may, with the written consent of the Supervisor and subject to such terms and conditions as the Supervisor may prescribe in writing, produce and ship reasonable amounts of minerals for testing purposes only. Where a permittee, during the term of his permit or any extension thereof, desires to obtain a lease in respect of his permit area or any part thereof, he shall make an application in duplicate therefor to the Supervisor. An application for a lease referred to in section 17 shall be in a form satisfactory to the Division Chief; shall contain a legal description in accordance with subsection (2) or (3) of the lands in respect of which a lease is desired; and shall be accompanied by the fee therefor set out in the schedule payable to the Receiver General, and the rental for the first year of the lease in accordance with section 24. Subject to subsection (3), lands referred to in subsection (1) shall be described by section, legal subdivision, lot or aliquot part of a lot if such lands lie within a subdivided area; or projected section, legal subdivision, lot or aliquot part of a lot if such lands do not lie within a subdivided area. Where the boundaries of a permit area or part thereof in respect of which a lease is desired do not correspond with a township survey or other legal survey or any projection thereof, the Division Chief may allow the land therein to be described by means of irregular boundaries. Where a permittee has made an application for a lease in accordance with sections 17 and 18 and has complied with these Regulations and with the terms and conditions of his permit, the Division Chief shall issue a lease to him. Every lessee who has complied with the provisions of these Regulations is entitled to all minerals found within his lease area, subject to any condition of his permit or lease acquired under section 5 or 6. Where, in the opinion of the Division Chief, it is necessary that lands in respect of which a lease is desired be surveyed for the purpose of issuing a lease pursuant to section 19, the Division Chief may require the applicant for the lease to have the boundaries of such lands surveyed by a commissioned land surveyor acting under instructions from the Surveyor General of Canada. Where a lease area is not surveyed before the issuance of a lease, but is subsequently surveyed by a land surveyor acting under the instructions of the Surveyor General of Canada, the Division Chief may amend the description in the lease to conform to the description supplied by the Surveyor General of Canada. Where the description in a lease is amended under subsection (1), the Division Chief shall forward to the lessee, by registered mail, a copy of the amended description. The description of lands in a lease referred to in subsection (1) shall be deemed to have been amended on the 30th day after a copy of the amended description was forwarded to the lessee by registered mail. Subject to subsection (2), every lease expires 10 years from the date upon which it was issued unless otherwise provided in the invitation to tender under section 5 or in the lease issued under section 6 or pursuant to section 19. Where, before the expiration of a lease or a renewal thereof, a lessee applies to the Division Chief for a renewal or further renewal of the lease, and where the lessee has complied with these Regulations and with the terms and conditions of the lease or renewal thereof, the Division Chief shall issue the renewal or further renewal of the lease for such renewal term as may be specified in the lease or, if no renewal term is specified in the lease, for a term of 10 years; or for such shorter term than that specified in paragraph (a) as the lessee may request. For the purposes of subsection (2), the Division Chief may allow a lessee to group two or more of his leases within any one reserve. [Revoked, SOR/90-468, s. 1] Every application for renewal of a lease shall be accompanied by the fee therefor set out in the schedule payable to the Receiver General. A lessee shall pay annual rental in advance to the Receiver General at the rate of $2 for each acre in the lease area or at such other rate as may be specified in the invitation to tender under section 5 or in the lease issued under section 6 or pursuant to section 19. No lease shall be issued to any person unless that person has deposited with the Division Chief a security deposit in such amount or at such rate, if any, as may be specified in the invitation to tender under section 5 or in the lease to be issued under section 6 or pursuant to section 19. Where the Division Chief is satisfied that a lessee has complied with these Regulations and with the terms and conditions of his lease or any renewal thereof, he may, during the term of the lease, and shall, on the expiry or surrender thereof, direct that the security deposit or a portion thereof deposited pursuant to subsection 25(1) be returned to the lessee. During each year of the term of his lease and any renewal thereof, every lessee shall perform assessment work acceptable to the Supervisor of the value of $2 for each acre in the lease area, or of such other value as may be specified in the invitation to tender under section 5 or in the lease issued under section 6 or pursuant to section 19. Where in his opinion assessment work performed near a lease area serves to evaluate the mineral potential of the lease area, the Supervisor may deem the whole or any part of the value of that work to be assessment work performed in the lease area. Where, during any year of a lease, assessment work of the value required under subsection 27(1) is not performed, the lessee shall make a cash payment to the Receiver General in an amount equal to the difference between the value of assessment work performed during that year and the value of the assessment work required to be performed. Where the value of assessment work performed during any year of a lease exceeds the value of assessment work required to be performed under subsection 27(1), the Supervisor may credit the excess value of the assessment work performed to the value of the assessment work required to be performed pursuant to subsection 27(1) in any succeeding year or years up to 10 years from the year in which the assessment work was performed. Every lessee shall, within 90 days following the completion of each year of the term of his lease or any renewal thereof, forward to the Supervisor a certified statement in duplicate itemizing the assessment work performed and the cost of performing such work during the year most recently completed, together with any cash payment that may be required pursuant to subsection 28(1). Every lessee shall, within six months following the completion of each year of the term of his lease or any renewal thereof, forward to the Supervisor copies in duplicate of all maps and technical information that serve to record the assessment work performed for the year most recently completed, together with a report of the results obtained from the performance of that assessment work. [Revoked, SOR/90-468, s. 2] Unless otherwise specified in the invitation to tender under section 5 or in the lease issued pursuant to section 6 or 19, every lessee shall pay royalties on all minerals to which he is entitled that have been obtained from his lease area at the rate of five per cent of the gross revenue from the mineral output at the pithead, where the minerals are sold at the lease area before treatment; or the market value of the mineral output at the pithead, where the minerals are not sold at the lease area before treatment. Notwithstanding section 31, the rate of royalty may be altered by agreement between the Division Chief and the lessee from a rate based on a percentage of the gross revenue or of the market value to the equivalent rate per ton or per cubic yard of the mineral output at the pithead. Any royalty rate based upon a weight or measure of mineral output shall be adjusted annually to conform to changes in a price index or other index that is published by Statistics Canada and is chosen by the Division Chief. During the term of his lease and any renewal thereof, a lessee shall forward to the Supervisor within 30 days after the expiry of each period of production a royalty payment in favour of the Receiver General in respect of that period together with a statement in duplicate showing the production and sales figures upon which the payment has been calculated. Where the Supervisor is not satisfied with the amount of a royalty payment or with a statement forwarded by a lessee pursuant to subsection (1), he may require the lessee to submit further particulars in relation to the statement and, if then required by the Supervisor, the lessee shall adjust the amount of the royalty payment. A period of production consists of the three calendar months ending on the last day of March, June, September and December or of such other period of time as the Supervisor may determine. Every lessee, within 10 days from the commencement of production of any mineral from his lease area, shall notify the Supervisor of the commencement of production; and submit to the Supervisor such information with respect to his mining operations and production as the Supervisor may require. Where a lessee fails to pay rental as required by section 24 or to surrender his lease within 30 days from the date on which the rental becomes payable, he is liable to a penalty of five per cent of the amount of his rental. Notwithstanding subsection (1), where in the opinion of the Division Chief a lessee has failed in respect of his lease to comply with any provision of these Regulations, the Division Chief may forward to the lessee written notice by registered mail advising him that unless he commences to remedy the failure within 30 days from the date of the mailing of the notice and continues diligently to remedy the failure his lease may be cancelled by the Minister. Where a lessee has received a notice pursuant to subsection (2), he may, within 30 days from the date of the mailing of the notice, make written application to the Minister for a hearing to consider reasons why his lease should not be cancelled. Upon receipt of an application made pursuant to subsection (3), the Minister shall appoint a time and place for a hearing and shall notify the lessee by registered mail of the time and place of the hearing not less than 10 days before the date thereof. Where, in the opinion of the Minister, a lessee has failed to comply with the requirements of a notice mailed to him pursuant to subsection (2), or at a hearing held pursuant to this section does not show adequate reason why his lease should not be cancelled, the Minister shall cancel his lease. The Division Chief may authorize the grouping of a permit area or a lease area within a reserve with other permit areas or lease areas within the same reserve for the purpose of providing a security deposit required under section 11 or 25, and assessment work required to be performed under sections 13 and 27; and a lease area within a reserve with other lease areas within the same reserve for the purpose of qualifying for a renewal under subsection 23(2) or (3). The Minister may authorize the grouping of a permit area or a lease area in a reserve with a permit area or lease area in another reserve or with a tract of land outside a reserve for the purpose of development or production of minerals under these Regulations, where councils of the bands for whose use and benefit the lands have been set apart in which the permit areas or lease areas are located, have approved a formula for determining the participation of the bands in revenues and other benefits derived from such development or production of minerals. A permittee or lessee may assign his permit or lease or any interest therein with the approval of the Minister. Where an assignment of a permit or lease has been approved by the Minister, is unconditional, and is accompanied by the registration fee set out in the schedule payable to the Receiver General, the assignment shall be registered in the register kept pursuant to section 55 of the Act. Where a permittee or lessee has complied with these Regulations and with the terms and conditions of his permit or lease, he may at any time surrender all or part of his permit area or lease area. Subject to subsection 10(2), where a permit or lease is surrendered under subsection (1), no rental paid in relation to that permit or lease shall be returned to the permittee or lessee. Where a person requires entry to a reserve in respect of which minerals have been surrendered or where a permittee or lessee requires use of land surface in a reserve for the purpose of development or production of minerals, he shall obtain a right of entry or right to use the land in accordance with any provisions that may be made by the Minister under the Act. The Supervisor may enter upon and inspect any permit area, lease area or buildings and equipment thereon; require a permittee or lessee to produce any technical, financial and other records relating to the exploration for or production of minerals from his permit area or lease area; and take samples of minerals being produced and carry out any examination that, in his opinion, is necessary. Every permittee or lessee shall render such assistance as the Supervisor may require in the performance of his duties. Upon the termination of his permit or extension thereof or of his lease or renewal thereof and at such other times as the Supervisor may request, a permittee or lessee, as the case may be, shall submit to the Supervisor plans and sections that show the location of all mine workings; the average valuable mineral content of all mine headings, backs and faces not currently being worked; and the surface and underground plant, roads, railways, buildings and other structures or works situated in the permit area or lease area. All plans and sections submitted pursuant to subsection (1) shall be submitted in duplicate and shall be drawn on a scale of one inch to 100 feet or on such other scale as the Supervisor may determine. Where plans and sections submitted pursuant to subsection (1) are not satisfactory to the Supervisor, the Supervisor may require the permittee or lessee to submit further plans and sections. Any technical information submitted by a permittee or lessee pursuant to these Regulations shall not, without the written consent of the permittee or lessee, be disclosed unless that information relates only to a permit area or a portion thereof in respect of which the permit has expired or has been surrendered; or relates only to a lease area or a portion thereof in respect of which the lease has expired or has been surrendered or cancelled. Every permittee and every lessee shall pay all rates, assessments and taxes in respect of his permit area or lease area, and in respect of his operations under his permit or lease. Every permittee and every lessee may appeal to the Minister from any decision of the Division Chief or Supervisor, other than a decision made under section 5, 6 or 19. Where an appeal is made under subsection (1), the Minister may make such order or declaration as he deems proper.