Bill 76 - An Act to Amend the Mining Act

BILL 76

An Act to Amend the Mining Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended

(a) in the definition “boundary survey” by striking out “a mineral claim or”;

(b) by repealing the definition “holder” and substituting the following:

“holder” means ( titulaire)

(a) in relation to a mineral claim, a person whose name appears on the record for that claim in the registry as having an interest in the mineral claim, and

(b) in relation to a mining lease, a person whose name appears in the records of the Recorder as having an interest in the mining lease,

but does not include a person who has an interest in a mineral claim or a mining lease only for purposes of security for a debt;

“mineral claim” means a mineral claim registered or to be registered in the registry in accordance with this Act; (claim)

(d) in paragraph (b) of the definition “regional survey” by striking out “staking” and substituting “registration of mineral claims”;

(e) by adding the following definitions in alphabetical order:

“instrument”, unless the context otherwise requires, means, with respect to the registry, a document for which provision is made under this Act for submission in electronic format; (acte)

“registry” means the electronic mineral claims registry established and maintained by the Recorder under section 14.1; (registre)

(f) by repealing the definition “stake”;

(g) by repealing the definition “staker”.

2 Section 7 of the Act is repealed and the following is substituted:

Disposal of registered mineral claim

7 Notwithstanding any other provision of this Act, the Minister may dispose of by tender or by other means all or part of a mineral claim or recorded mining lease that has expired or that has been cancelled or surrendered under this Act and, when the Minister posts a notice of his or her intention to do so in the office of the Recorder, subsections 13(7), 15(6), 60(4) and 84(4), section 86 and subsection 108(7) as they relate to lands being open for prospecting and registration of mineral claims do not apply.

3 Section 13 of the Act is amended

(a) in subsection (1)

(i) by repealing paragraph (d) of the English version and substituting the following:

(d) respecting applications for mining leases, the registration or transferring of mineral claims or the recording or transferring of mining leases;

(ii) in paragraph (f) by striking out “for recording mineral claims” and substituting “by holders of mineral claims”;

(iii) in paragraph (g) by striking out “or the manner and time of staking”;

(b) by repealing subsection (7) and substituting the following:

13(7) Where a mining lease is ordered to be cancelled under subsection (6), the Mining Commissioner shall advise the Recorder of the cancellation and the Recorder shall immediately mark the record, if any, of the mining lease “Cancelled” and post in the Recorder’s office a notice of the cancellation and the land covered by the mining lease is withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.

13(7.1) Where a mineral claim is ordered to be cancelled under subsection (6), the Mining Commissioner shall advise the Recorder of the cancellation and the Recorder shall immediately mark in the registry that the mineral claim is cancelled and the land covered by the mineral claim is withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.

(d) by repealing subsection (10).

4 Section 14 of the Act is amended

(a) by repealing subsection (3) and substituting the following:

14(3) The Recorder shall keep at the Fredericton office records submitted to the Recorder in respect of mining leases, all instruments affecting mining leases and claim maps showing the location of land covered by mining leases.

(b) by repealing subsection (4) and substituting the following:

14(4) Subject to this Act and the regulations, any claim map referred to in subsection (3) and any document filed in the Recorder’s office or submitted to the Recorder shall be open to public inspection during normal office hours and, on payment of the fee prescribed by regulation, the Recorder shall provide copies of the claim maps and documents or compilations of data from the claim maps or documents.

14(5) A document signed by the Recorder and purporting to be a copy of any of the following documents is admissible as evidence of the contents of the document before the Mining Commissioner and in any court in the Province without proof of the Recorder’s appointment, authority or signature:

(a) an instrument registered in the registry; or

(b) an instrument, claim map or other record recorded with the Recorder.

(d) by repealing subsection (6) and substituting the following:

14(6) The Recorder shall enter in the registry in respect of a mineral claim or enter on the record of any mining lease a note of any order or decision affecting the mineral claim or mining lease, giving its date and effect and the date of entry.

5 The Act is amended by adding after section 14 the following:

Mineral claims registry

14.1(1) The Recorder shall establish and maintain an electronic mineral claims registry for the purposes of the registration of mineral claims, changes to mineral claims and other mineral claim information.

14.1(2) The Recorder may, with respect to the registry,

(a) establish requirements for information that must be supplied to effect a registration and the format in which the information must be supplied and may make those requirements known electronically to users of the registry,

(b) establish rules, procedures and guidelines respecting the submission of information to effect registration,

(d) establish any other requirement, rule, procedure or guideline in order to ensure the proper functioning of the registry.

14.1(3) The registry shall indicate the lands open for registration of mineral claims in the Province.

Registration information

14.2(1) Any information required to be entered in or submitted to the registry shall be entered in or submitted by electronic means in the form and manner approved by the Recorder.

14.2(2) Payment of any fees or deposits required to be submitted for the registration of a mineral claim or any change to a mineral claim referred to in section 48.1 shall be made by electronic means in a manner and at a time established by the Recorder.

14.2(3) No person other than a prospector or his or her agent shall submit information to the registry for the purposes of registration of a mineral claim or any change to a mineral claim referred to in section 48.1.

14.2(4) The submission of information for the purposes of registration of a mineral claim or any change to a mineral claim referred to in section 48.1 is a certification by the person submitting the information that he or she is authorized to do so.

Registration in paper format

14.3(1) Notwithstanding any other provision of this Act, the registration of a mineral claim or any change to a mineral claim referred to in section 48.1 may be submitted to the Recorder for registration in paper format if

(a) the submission in paper format has been authorized by the Recorder,

(b) the submission in paper format is necessary to avoid great hardship or great injustice, and

14.3(2) If the registration of the mineral claim or the change in the mineral claim is authorized to be submitted in paper format, the Recorder shall enter the information with respect to the registration into the registry.

Correcting an entry in registry

14.4(1) The Recorder may

(a) delete or amend an entry in the registry in order to correct any inconsistency, error or omission that is, in the opinion of the Recorder, of a minor or clerical nature, or

(b) delete or amend an entry in the registry if the information submitted to the registry does not comply with this Act or the regulations.

14.4(2) If the Recorder deletes or amends an entry in the registry, the Recorder shall, either before or after deleting or amending the entry, give notice to any affected person.

Suspending functions in registry

14.5(1) Notwithstanding any other provision of this Act, the Recorder may

(a) suspend one or more of the functions of the registry if the Recorder is satisfied that it is not practicable in the circumstances to provide those functions, and

(b) if the Recorder is satisfied that, but for a suspension under paragraph (a), a mineral claim or any change to a mineral claim referred to in section 48.1 would have been received on a date within the suspension period, the Recorder may date the mineral claim or change to the mineral claim or accept it as of that date.

14.5(2) The date referred to in paragraph (1)(b) shall be considered for all purposes to be the date on which the mineral claim or change to the mineral claim was received by the Recorder and registered in the registry.

Supporting evidence

14.6 If a document or information for which registration in the registry is not required under this Act but which must be provided to the Recorder in support of registration, the document or information shall be in an electronic format approved by the Recorder.

Information in registry prevails

14.7 If there is a difference between the information in the registry and other information or another document, the information in the registry prevails.

Interpretation Act does not apply

14.8 Paragraph 22(j) of the Interpretation Act does not apply to a time specified under this Act for doing something in the registry.

6 Section 15 of the Act is amended

(a) by repealing subsection (4) and substituting the following:

15(4) If under this section the Recorder has ordered an inspection of the land covered by a mineral claim and, based on the report of that inspection, the Recorder is satisfied that the holder of the mineral claim has not complied with this Act or the regulations, the Recorder shall cancel the claim, mark in the registry the claim is cancelled and immediately notify the holder of the mineral claim by registered letter of the cancellation.

(b) by repealing subsection (6) and substituting the following:

15(6) On the cancellation of a mineral claim under this section, the land covered by the mineral claim shall be withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.

7 Section 16 of the Act is repealed.

8 Section 20 of the Act is amended by striking out “in the form prescribed by regulation” and substituting “in the form specified by the Minister”.

9 Section 24 of the Act is repealed and the following is substituted:

Land not open for prospecting and registration of mineral claims

24 Subject to any other Act, all land in the Province is open for prospecting and registration of mineral claims with the following exceptions:

(a) land that is withdrawn from prospecting and registration of mineral claims under section 25; but, if the withdrawal is for or of certain minerals only, a prospector may prospect on the land for other minerals, subject to the terms of any agreement under section 25;

(b) land granted or conveyed by the Crown or the land the administration and control of which has been transferred by the Crown, under which grant, conveyance or transfer the minerals are vested in the grantee or transferee, unless the ownership of the minerals has subsequently been vested in the Crown; but, if the grant, conveyance or transfer is for certain minerals only, a prospector may prospect on the land for other minerals, subject to the terms of the grant, conveyance or transfer;

(c) land that is covered by a mineral claim or mining lease, a mining lease issued under the previous Act and continued under this Act or a mining right granted under the Ownership of Minerals Act; but, if that claim, right or lease is for certain minerals only, a prospector may prospect on the land for other minerals, unless the holder of the claim, right or lease notifies the prospector that the holder objects to such prospecting, in which case the prospector shall do no work until an agreement has been negotiated or the Mining Commissioner has made a determination;

(d) land that is an Indian reserve; and

(e) land that is withdrawn from prospecting and registration of mineral claims under subsection 13(7), 13(7.1), 15(6), 60(4) or 84(4), section 86 or subsection 108(7).

10 Section 25 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

Withdrawal of lands from prospecting and registration of mineral claims

25(1) The Lieutenant-Governor in Council may withdraw any land in the Province from prospecting and registration of mineral claims for all or certain minerals.

(b) by repealing subsection (2) and substituting the following:

25(2) Land withdrawn from prospecting and registration of mineral claims under this section may, notwithstanding any other provision of this Act, be held or worked under an agreement with the Crown and prospecting, registration of mineral claims, mining and production may be carried on thereon in the manner and on the terms and conditions as may be provided by the Lieutenant-Governor in Council.

11 Section 26 of the Act is repealed and the following is substituted:

Reopening of land for prospecting and registration of mineral claims

26 The Lieutenant-Governor in Council may reopen for prospecting and registration of mineral claims for all or certain minerals any land withdrawn under section 25.

12 Section 27 of the Act is repealed.

13 Section 29 of the Act is repealed and the following is substituted:

Application for prospecting licence

29(1) On payment of the fee prescribed by regulation, a natural person who is 19 years of age or older may apply to the Recorder, in the form and manner authorized by the Recorder, for a prospecting licence.

29(2) On payment of the fee prescribed by regulation, a corporation or partnership authorized under the laws of the Province to carry on business in the Province may apply to the Recorder, in the form and manner authorized by the Recorder, for a prospecting licence.

14 Section 31 of the Act is repealed.

15 Section 32 of the Act is repealed.

16 Section 33 of the Act is repealed and the following is substituted:

Replacement licence

33 If a prospecting licence is lost, destroyed or damaged, a prospector may obtain a replacement licence from the registry.

17 Section 35 of the Act is repealed and the following is substituted:

Rights of prospector respecting land open for prospecting and registration of mineral claims

35(1) Subject to sections 109 and 110, a prospector may enter, remain and travel on land open for prospecting and registration of mineral claims and may prospect and work on that land in accordance with this Act and the regulations and may have with him or her and use any vehicles, machinery, equipment, supplies, personnel and temporary housing as are necessary to prospect and work in accordance with this Act and the regulations; but the prospector and the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working are liable for actual damage to and interference with the use and enjoyment of property caused by the prospector entering, remaining, travelling, prospecting or working.

35(2) Subject to subsection (4), a prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working, shall remove temporary housing from the land open for prospecting and registration of mineral claims on or before the thirty-first day of December of the year in which the prospector placed or used the temporary housing on the land.

35(3) Before the first day of December, a prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working, may apply in writing to the Recorder for an exemption from the requirement under subsection (2).

35(4) The Recorder may grant an exemption to the prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working, from the requirement under subsection (2) for a maximum of 12 months if the Recorder is satisfied that the exemption is necessary in order to prospect or work in accordance with this Act and the regulations.

18 Section 36 of the Act is repealed and the following is substituted:

Rights respecting access and exit

36 Subject to sections 109 and 110, a prospector may, to gain access to or exit from land open for prospecting and registration of mineral claims for purposes of prospecting or working in accordance with this Act and the regulations, enter on and travel across land that is not open for prospecting and registration of mineral claims, and may have with him or her any vehicles, machinery, equipment, supplies, personnel and temporary housing as are necessary for prospecting and working in accordance with this Act and the regulations; but the prospector and the person on whose behalf the prospector is entering, travelling, prospecting or working are liable for actual damage to and interference with the use and enjoyment of property caused by the prospector entering on and travelling across the land.

19 The heading “Staking Mineral Claims” preceding section 38 of the Act is repealed and the following is substituted:

Notification of Registration of a Mineral Claim

20 Section 38 of the Act is repealed.

21 Section 39 of the Act is repealed.

22 Section 40 of the Act is repealed.

23 Section 41 of the Act is repealed.

24 Section 42 of the Act is repealed.

25 Section 43 of the Act is repealed.

26 Section 44 of the Act is repealed and the following is substituted:

Notification of registration of a mineral claim

44 If a mineral claim is registered in the registry with respect to private land or on Crown Lands leased from the Crown under the Crown Lands and Forests Act, the holder of the claim, or the holder’s agent, shall as soon as possible after registration of the mineral claim make every reasonable effort to notify the owner of the private land or the lessee of the Crown Lands of the registration of the mineral claim.

27 The heading “Staking for the Crown” preceding section 45 of the Act is repealed and the following is substituted:

Registration of Mineral Claims for the Crown

28 Section 45 of the Act is repealed and the following is substituted:

Registration of mineral claims for the Crown

45 Every person who is appointed or employed under this Act or whose duties include the administration and enforcement of this Act and who discovers a valuable mineral on any land open for prospecting and registration of mineral claims shall inform the Recorder who shall, if the Recorder considers it advisable, register in the name of the Crown sufficient mineral claims as in the opinion of the Recorder are considered necessary to encompass the mineralized area.

29 Section 46 of the Act is repealed.

30 Section 47 of the Act is repealed and the following is substituted:

Status of mineral claims registered in the name of the Crown

47 Notwithstanding any provision of this Act, a mineral claim registered in the name of the Crown remains in good standing at the discretion of the Minister, may be disposed of by the Minister at a price and under the terms and conditions as may be fixed by the Lieutenant-Governor in Council and may be surrendered by the Minister in accordance with this Act.

31 The heading “Application to Record Mineral Claims” preceding section 48 of the English version of the Act is repealed and the following is substituted:

Registration of Mineral Claims and Changes to Mineral Claims

32 Section 48 of the Act is repealed and the following is substituted:

Registration of mineral claims and changes to mineral claims

48(1) A prospector who wishes to register a mineral claim in the registry or make any change to a mineral claim referred to in section 48.1 shall do so by entering the particulars of the mineral claim or change to the mineral claim in the registry.

48(2) Except as otherwise provided for in this Act, a mineral claim or a change to a mineral claim referred to in section 48.1 may be registered in the register by a natural person who is a prospector

(a) in the name of the prospector, or

(b) in the name of another individual who holds a prospecting licence, or of a corporation or partnership that holds a prospecting licence.

48(3) Subject to the Act and the regulations, any number of mineral claims may be registered in the registry under a prospecting licence.

48(4) The registration of a mineral claim shall include the fee prescribed by regulation and, if applicable, the work commitment security deposit and, if applicable, any change to the mineral claim referred to in section 48.1 shall include the fee prescribed by regulation.

48(5) A prospector who wishes to register a mineral claim or register any change to the mineral claim referred to in section 48.1 shall provide evidence of his or her identity or authorization to register the mineral claim or change to the mineral claim.

48(6) On confirmation of payment of the fee and, if applicable, the work commitment security deposit, as recorded by the registry, the mineral claim or change to the mineral claim is registered and a statement confirming the registration of the mineral claim or change to the mineral claim shall be sent electronically to the prospector.

48(7) A prospector who registers a mineral claim or any change to the mineral claim referred to in section 48.1 shall not cancel, withdraw in any way retract or reverse payment of any fee or, if applicable, the work commitment security deposit without approval of the Recorder.

33 The Act is amended by adding after section 48 the following:

Changes to mineral claims

48.1 The following changes to a mineral claim are not effective until registered in the registry:

(a) to reduce a claim area under section 48.3;

(b) to renew a mineral claim under section 55;

(d) to surrender a mineral claim under section 59;

(e) to transfer a mineral claim or any interest in a mineral claim under section 101.1; and

(f) any other kind of change specified in the regulations for the purposes of this section.

Description of mineral claims and mineral claim units

48.2(1) A mineral claim shall

(a) have a claim area of not less than one mineral claim unit and no more than 256 mineral claim units, and

(b) be described in the registry in accordance with the New Brunswick Mineral and Petroleum Grid established in the regulations and referenced to UTM grid coordinates expressed in the North America Datum of 1983 (NAD83) (CSRS).

48.2(2) Only one mineral claim may be registered with respect to a mineral claim unit.

48.2(3) The boundaries of a claim area extend downward vertically on all sides.

Reduction in claim area

48.3 The holder of a mineral claim may reduce the claim area by registration in the registry.

Validity and priority of ground staked mineral claims

48.4(1) The following definitions apply in this section and sections 48.5 to 48.8.

“ground staked mineral claim” means a mineral claim recorded under this Act, held under a prospecting licence and marked out on the ground before the commencement of this section, in accordance with the provisions of this Act as they read immediately before the commencement of this section. (claim jalonné au sol )

“map staked mineral claim” means a mineral claim registered or to be registered in the electronic mineral claims registry referred to under section 14.1 of this Act. (claim jalonné sur carte)

48.4(2) A ground staked mineral claim recorded with the Recorder before the commencement of this section continues until expiry, surrender or cancellation or until converted to a lease or to a map staked mineral claim.

48.4(3) A holder of a ground staked mineral claim may renew the mineral claim subject to this Act and the regulations as they read immediately before the commencement of this section.

48.4(4) The inclusion of part of a ground staked mineral claim in an area in which the location or recording of that part is prohibited under this Act does not affect the validity of the location of the remainder of the claim and the location of any post does not invalidate the claim.

48.4(5) The date and time of completion of staking of the ground staked mineral claim marked on a claim post in accordance with the regulations as they read immediately before the commencement of this section determines the priority of ground staked mineral claims.

48.4(6) The identification of a ground staked mineral claim shall be made by a map approved for that purpose by the Recorder but, if there is a conflict between the identification of a ground staked mineral claim as determined by that map and the identification of the claim determined by stakes, marks or posts, the identification as determined by the stakes, marks or posts prevails.

48.4(7) If the Recorder is satisfied that there is substantial compliance with the provisions of this section or sections 48.7 and 48.8 with respect to staking of the mineral claim, the Recorder may direct the holder of a mineral claim

(a) to move, remove or alter corner posts and witness posts and the writing or inscription on the posts,

(b) to replace metal tags that have been destroyed or removed from corner posts, or

Extension of title over mineral claim unit on expiry or surrender of ground staked mineral claims

48.5 On the expiry, surrender or cancellation of a ground staked mineral claim that applies to only part of a mineral claim unit within the claim area, any other ground staked mineral claim over the remaining part of that mineral claim unit is extended to apply to the whole claim unit.

Agreements under subsection 25(2)

48.6(1) Any agreement referred to in subsection 25(2) approved by the Lieutenant-Governor in Council after June 26, 2008, and before the commencement of this section shall be deemed to have been validly entered into and is confirmed and ratified.

48.6(2) Any claim acquired or granted in relation to the minerals referred to in an agreement referred to in subsection (1) shall be deemed to be a map staked mineral claim.

Voluntary conversion of ground staked mineral claims

48.7(1) The holder of a ground staked mineral claim or a group of ground staked mineral claims that are contiguous may apply to the Recorder to convert the ground staked mineral claim or group of ground staked claims to a map staked mineral claim.

48.7(2) An application under this section shall be made in writing to the Recorder before the expiration of the term of the ground staked mineral claim or the group of ground staked mineral claims.

48.7(3) In respect of an application under this section, the Recorder shall determine

(a) the mineral claim units that make up the map staked mineral claim,

(b) the claim area that makes up the map staked mineral claim, and

(c) any other information required in order to effect conversion and to enter the map staked mineral claim in the registry.

48.7(4) Subject to this section, the Recorder may change or modify the boundaries of the ground staked mineral claim or the group of ground staked mineral claims that are contiguous, or any other aspects of the claim being converted under this section, in order to effect the conversion.

48.7(5) The Recorder may, in the Recorder’s discretion, grant to the holder of the ground staked mineral claim or group of mineral claims being converted under this section up to 2 additional mineral claim units abutting the mineral claim units that surround the perimeter of the claim area of the ground staked claim

(a) in order to compensate for any loss of area in the process of conversion, and

(b) to eliminate any fraction or gore.

48.7(6) If the additional mineral claim units granted under subsection (5) are located on private land or on Crown Lands leased from the Crown under the Crown Lands and Forests Act, the Recorder shall notify the owner of the private land or the lessee of the Crown Lands of the additional mineral claim units granted.

48.7(7) The land covered by the map staked mineral claim that has been converted under this section shall, as far as practicable, be substantially similar to the land covered by the ground staked mineral claim.

48.7(8) If the Recorder approves an application under this section, the Recorder shall register the map staked mineral claim in the registry and

(a) the rights under the ground staked mineral claim or group of ground staked mineral claims, as the case may be, are continued under the map staked mineral claim,

(b) the applicant is the registered holder of the map staked mineral claim, and

(c) the ground staked mineral claim, or the group of ground staked mineral claims that are contiguous, as the case may be, is cancelled.

Mandatory conversion of ground staked mineral claims

48.8(1) The Recorder shall, within 90 days after the commencement of this section, convert all ground staked mineral claims to map staked mineral claims and register in the registry the map staked mineral claims in accordance with this section and any regulations.

48.8(2) In respect of each ground staked mineral claim that is to be converted under this section, the Recorder shall determine

(a) the mineral claim units that make up the map staked mineral claim,

(b) the claim area that makes up the map staked mineral claim,

(c) any other information required in order to effect conversion and to enter the map staked mineral claim in the registry.

48.8(3) Subject to this section, the Recorder may change or modify the boundaries of the ground staked mineral claim or any other aspects of the claim being converted under this section in order to effect the conversion.

48.8(4) If the claim area of any ground staked mineral claim to be converted under this section consists of one or more whole mineral claim units, the whole mineral claim unit or units shall be included in the claim area of the converted map staked mineral claim.

48.8(5) If the claim area of any ground staked mineral claim to be converted under this section consists of a portion of any mineral claim unit or units, the whole mineral claim unit or units shall be included in the claim area of the converted map staked mineral claim, unless another holder of a ground staked mineral claim holds a claim over a portion of the same mineral claim unit.

48.8(6) If another holder of a ground staked mineral claim holds a claim over a portion of the same mineral claim unit of a ground staked mineral claim to be converted under this section, the claim area of the ground staked mineral claim being converted shall be identified in the same manner as under subsection 48.4(6).

48.8(7) The land covered by the map staked mineral claim that has been converted under this section shall, as far as practicable, be substantially similar to the land covered by the ground staked mineral claim.

48.8(8) With respect to a map staked mineral claim converted under this section,

(a) the rights under the converted ground staked mineral claim are continued under the map staked mineral claim, and

(b) the ground staked mineral claim is cancelled.

48.8(9) If a notice of dispute has not been filed with the Mining Commissioner within 30 days after the registration of the map staked mineral claim, a map staked mineral claim converted under this section shall be deemed to be a map staked mineral claim registered in the registry under this Act with a registration date the same as the recording date of the converted ground staked mineral claim.

48.8(10) No action, application or other proceeding lies against the Minister or the Crown in right of the Province as a result of the enactment of this section or the exercise of a function under this section.

34 Section 49 of the Act is repealed.

35 Section 50 of the Act is repealed and the following is substituted:

Deemed to be properly registered

50 Subject to the holder of the mineral claim, or his or her agent, having complied with section 44 and except as expressly provided by this Act, a mineral claim against which a notice of dispute has not been filed within 60 days after the registration of the claim shall, in the absence of fraud, be deemed to have been properly registered, and the mineral claim shall not be liable to impeachment, dispute or cancellation.

36 Section 51 of the Act is repealed and the following is substituted:

Priority of mineral claims

51 The priority of mineral claims is based on the date and time of confirmation of registration as recorded by the registry under subsection 48(6).

37 Section 52 of the Act is repealed and the following is substituted:

Cancellation of mineral claim in certain circumstances

52(1) If the Recorder is satisfied that the holder of a mineral claim is not in compliance with a provision of this Act or the regulations, the Recorder may do one or more of the following:

(a) notify the holder of the provision of the Act or regulations that the Recorder considers is not being complied with, and

(b) order, in writing, the holder to comply with the provision within a period specified in a notice.

52(2) If the holder does not comply with the order under paragraph (1)(b) within the period specified, the Recorder may cancel the mineral claim.

52(3) An appeal from the cancellation of a mineral claim under this section may be taken by the holder of the mineral claim to the Mining Commissioner, but no such appeal shall be made more than 20 days after receiving the notice under paragraph (1)(b).

52(4) On the cancellation of a mineral claim under this section, the land covered by the mineral claim shall be withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.

38 Subsection 53(1) of the Act is amended by repealing the portion preceding paragraph (a) and substituting the following:

Rights and liabilities of holders of mineral claims

53(1) The registration of a mineral claim gives the holder of the mineral claim

39 Section 54 of the Act is repealed and the following is substituted:

54 Subject to section 55, a mineral claim expires at midnight on the anniversary of the date of registration.

40 Subsection 55(1) of the Act is repealed and the following is substituted:

Renewal of a mineral claim

55(1) Subject to section 56, before the expiration of any term, the holder of a mineral claim has the right to renew the mineral claim by registration in the registry for one, two or three terms of one year each.

41 Section 56 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

Requirements for renewals of a mineral claim

56(1) The holder of a mineral claim may register a renewal in the registry if the holder has complied with all provisions of this Act and the regulations pertaining to the claim and, with respect to each mineral claim to be renewed, submits, in the form and manner required by the Recorder,

(a) on or before the date of expiration of the claim,

(i) a statement, in the form and containing the information required by the Recorder, of all work performed in relation to the mineral claim since the date of registration of the claim or, if the claim has been renewed, the date of last renewal, including work performed in excess of required work, and

(ii) the fee prescribed by regulation for each term for which renewal is applied, and

(b) not later than thirty days after the effective date of the renewal of the claim, a report, in the form and containing the information required by the Recorder, containing evidence of the performance of the work described in the statement under subparagraph (a)(i) and a statement of costs, in the form and containing the information required by the Recorder, incurred in the performance of that work.

(b) by repealing subsection (4) and substituting the following:

56(4) If the Recorder determines that a report of work, or any part of the report, is not in accordance with this Act, the Recorder shall return the report, or part of the report, to the prospector for amendment, and, if the Recorder has not received the required amendment within thirty days after the return, the work reported in the report or part of the report shall not be considered in the renewal of the mineral claim.

(c) in subsection (6.1) by striking out “The Recorder shall not renew a mineral claim” in the portion preceding paragraph (a) and substituting “A mineral claim shall not be renewed”.

(d) by repealing subsection (8);

(e) by repealing subsection (9).

42 Subsection 57(1) of the Act is repealed and the following is substituted:

Effect of delay in consideration of report

57(1) If the report containing evidence of the performance of work and a statement of the costs incurred is submitted to the Recorder within the required period, the mineral claim shall not expire because of any delay that may occur in the consideration of the evidence or statement or in making an investigation on any ground that may be considered necessary by the Recorder, and any extension of the mineral claim as may be required shall be granted by the Recorder.

43 Subsection 58(1) of the Act is repealed and the following is substituted:

Statement of work

58(1) On or before a date in each year fixed by regulation, every person who was the holder of a mineral claim at any time during the preceding calendar year shall submit to the Recorder a statement, in the form and containing the information required by the Recorder, specifying the kind, amount and cost of all work done in respect of the claim during that preceding calendar year and the minerals sought, notwithstanding that the claim may have expired or may have been surrendered, cancelled or converted to a mining lease during that year.

44 Section 58.1 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

Registration to form one group of contiguous mineral claims

58.1(1) On payment of the fee prescribed by regulation, the holder of a mineral claim may group 2 or more mineral claims into one group of contiguous mineral claims by registration in the registry.

(b) by repealing subsection (2);

Dates of registration

58.1(3) The date of registration of each mineral claim contained in a group of contiguous mineral claims grouped under this section shall be deemed to be the date of registration of the first registered mineral claim in the group.

(d) by repealing subsection (6) and substituting the following:

58.1(6) A mineral claim unit may be separated from a mineral claim grouped under this section by registration in the registry only as a result of surrender, transfer, expiry or cancellation of the mineral claim unit.

(e) in subsection (7) of the English version by striking out “date of recording” and substituting “date of registration”.

45 Section 59 of the Act is repealed and the following is substituted:

Surrender of mineral claim

59 The holder of a mineral claim may surrender the claim or any part of the claim by registration in the registry.

46 Section 60 of the Act is amended

(a) in subsection (1) of the English version by striking out “recorded” and substituting “registered”;

(b) in subsection (2) of the English version by striking out “recorded” and substituting “registered”;

60(4) On the expiry or surrender of a mineral claim, the claim area of the expired or surrendered mineral claim is withdrawn from prospecting and registration of mineral claims until 10 a.m. on the seventh day after the date of the expiry or surrender, and the person who previously held the claim, or by anyone in his or her name, shall not in any case register in the registry any mineral claim unit that was included in the claim area of the expired or surrendered mineral claim before 10 a.m. on the fourteenth day after the date of the expiry or surrender.

47 Section 61 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

61(1) Subject to this section, a prospector may file with the Recorder a notice of dispute, in the form provided by the Minister, alleging that a mineral claim was not proper to be registered.

(b) in paragraph (3)(a) of the English version by striking out “record a mineral claim” and substituting “register a mineral claim”;

(c) in paragraph (5) in the portion preceding paragraph (a) of the English version by striking out “recording of the mineral claim” and substituting “registration of the mineral claim”;

(d) by repealing paragraph (6)(a) and substituting the following:

(a) enter a note of the filing of the dispute in the registry;

48 Paragraph 62(1)(b) of the Act is repealed and the following is substituted:

(b) a regional survey performed on land open for prospecting and registration of mineral claims may be credited towards the required work for a mineral claim that is registered on that land before the report of the survey is submitted to the Recorder.

49 Subsection 68(1) of the Act is amended by adding after paragraph (a) the following:

(a.1) the land to be covered by the lease shall consist of only whole mineral claim units located within the claim area of the mineral claim;

50 Section 79 of the Act is repealed.

51 Subsection 84(4) of the Act is amended by striking out “from prospecting and staking” and substituting “from prospecting and registration of mineral claims”.

52 Section 86 of the Act is amended by striking out “from prospecting and staking” and substituting “from prospecting and registration of mineral claims”.

53 The heading “BOUNDARY SURVEYS, FRACTION” preceding section 90 of the Act is repealed and the following is substituted:

BOUNDARY SURVEYS

54 Section 94 of the Act is repealed and the following is substituted:

94 A boundary survey under this Act shall be of external boundaries only.

55 Section 95 of the Act is repealed.

56 The heading “Fraction or Gore” preceding section 96 of the Act is repealed.

57 Section 96 of the Act is repealed.

58 Section 97 of the Act is repealed.

59 The heading “RECORDING INSTRUMENTS, TRANSFER, ADDRESS FOR SERVICE” preceding section 101 of the Act is repealed and the following is substituted:

INSTRUMENTS, TRANSFER, ADDRESS FOR SERVICE

60 Section 101 of the Act is repealed and the following is substituted:

Transfer of mining lease

101 A transfer of a mining lease or of any interest in a mining lease shall be in the form provided by the Minister, shall be signed by the transferor or by his or her agent authorized by instrument in writing and shall be accompanied by the fee prescribed by regulation.

61 The Act is amended by adding after section 101 the following:

Transfer of mineral claim

101.1(1) On payment of the fee prescribed by regulation, the holder of a mineral claim or his or her agent may transfer the mineral claim or any interest in the mineral claim by registration in the registry.

101.1(2) The Recorder may at any time require a prospector, former prospector or their agent or former agent to produce for inspection the document authorizing a transfer or other instrument affecting the transfer of a mineral claim.

101.1(3) A prospector or former prospector to whom a request is made shall without delay produce the instrument requested under subsection (2).

62 Subsection 102(1) of the Act is repealed and the following is substituted:

102(1) Except as in this Act otherwise expressly provided, no transfer or assignment of, or agreement or other instrument affecting a mining lease shall be received by the Recorder and entered on the record unless

(a) it is executed by the holder of the mining lease or interest affected, or by his or her duly authorized agent, and the execution is verified by the affidavit or solemn declaration of a subscribing witness to the execution; and

(b) it is accompanied by the written consent of the Minister.

63 Section 103 of the English version of the Act is repealed and the following is substituted:

Effect of registration of a mineral claim or recording of a lease

103 After a mineral claim has been registered or mining lease has been recorded, every instrument other than a will affecting the mineral claim or mining lease or any interest therein is void as against a subsequent purchaser or transferee for valuable consideration without actual notice, unless the instrument is registered or recorded before the registration or recording, as the case may be, of the instrument under which the subsequent purchaser or transferee claims.

64 Section 104 of the English version of the Act is repealed and the following is substituted:

Recording or registration is notice

104 The recording or registration of an instrument under this Act constitutes notice of the instrument to all persons claiming any interest in the mineral claim or mining lease subsequent to the recording or registration, notwithstanding any defect in the proof for registration or recording.

65 Section 105 of the Act is repealed and the following is substituted:

Priorities

105 Subject to section 51, priority of registration or recording prevails over a prior instrument unless before the prior registration or recording there has been actual notice of the prior instrument to the party claiming under the prior registration or recording.

66 Section 107 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

Address for service of applicant, transferee or assignee of a lease

107(1) Every application for a mining lease and every other application and every transfer or assignment of a mining lease or of any interest in the mining lease shall have endorsed thereon the place of residence and post office address of the applicant, transferee or assignee and, when he or she is not a resident in New Brunswick, the name, residence and post office address of a person resident in New Brunswick on whom service may be effected.

(b) by repealing subsection (3) and substituting the following:

107(3) No application, transfer or assignment of a mining lease shall be filed or recorded under this Act unless it complies with subsection (1).

67 Subsection 108(7) of the Act is amended by striking out “from prospecting and staking” and substituting “from prospecting and registration of mineral claims”.

68 Subsection 112(1) of the Act is amended by striking out “in the form prescribed by regulation” and substituting “in the form specified by the Minister”.

69 Section 115 of the Act is amended

(a) in subsection (1)

(i) by repealing paragraph (c);

(ii) by repealing paragraph (d) and substituting the following:

(d) respecting the registration of mineral claims in the registry, including the registration of any renewal, grouping, surrender or transfer of mineral claims, and other documents related to them;

(iii) by adding after paragraph (d) the following:

(d.1) respecting the registry, including, but not limited to, the information required to effect registration, the effect of registration, searches in the registry, documents or information for which registration is not required but which must be provided to the Recorder in support of registration and when the documents or information must be provided;

(d.2) respecting instruments submitted to the registry including, but not limited to, the procedures, limitations and the manner of registering mineral claims, as well as the registration of any renewal, grouping, surrender or transfer of mineral claims, and the information to be provided when registering them;

(d.3) specifying any changes to mineral claims under section 48.1 that are not effective until registered in the registry;

(d.4) prescribing the form and amount of the work commitment security deposit and exemptions to the requirement to provide the work commitment security deposit;

(d.5) respecting the method of identifying the land that is subject to a mineral claim, including the establishment of the New Brunswick Mineral and Petroleum Grid;

(iv) by repealing paragraph (e);

(v) by adding after paragraph (s) the following:

(s.1) defining any word or phrase used but not defined in this Act;

(b) by adding after subsection (1) the following:

115(1.1) The Lieutenant-Governor in Council may make regulations considered necessary for the purpose of more effectively bringing into operation the registry and to remedy any transitional difficulties encountered in bringing the registry into operation.

115(1.2) A regulation made under subsection (1.1) may be made retroactive to a date not earlier than the date that subsection comes into force.

70 Paragraph 116(1)(a) of the Act is repealed and the following is substituted:

(a) without lawful authority under this Act, deface, alter, remove or disturb any picket, boundary line, figure, writing or other mark lawfully placed, standing or made under this Act;

71 Schedule A of the Act is amended by striking out

56(9)...............

TRANSITIONAL PROVISIONS

72(1) Order-in-Council 2008-477 dated November 6, 2008, and Orders-in-Council 2008-496, 2008-497, 2008-498 and 2008-499 dated November 13, 2008, shall be deemed to have been validly made and are confirmed and ratified.

72(2) No action, application or any other proceeding to question or in which is questioned the validity of Order-in-Council 2008-477, 2008-496, 2008-497, 2008-498 and 2008-499 shall lie or be instituted against the Crown in right of the Province or a Minister of the Crown.

COMMENCEMENT

73 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.