Indian Mining Regulations (C.R.C., c. 956)

Regulations are current to 2013-05-20

APPLICATION

 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.

COMPLIANCE WITH PROVINCIAL LAWS

 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.

DISPOSITION OF MINERAL RIGHTS

  •  (1) 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.

  • (2) 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.

  •  (1) 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.

  • (2) Every application for a permit or lease shall be accompanied by the fee therefor set out in the schedule payable to the Receiver General.

PERMITS

Term of Permit

  •  (1) Subject to subsection (2), every permit expires one year from the date upon which it was issued.

  • (2) 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.

  • (3) Every application for extension of a permit shall contain

    • (a) a summary of the work that has been done under the permit and the most recent extension thereof; and

    • (b) 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

  • (a) the invitation to tender under section 5 or the permit issued under section 6 states that more than three extensions may be granted; or

  • (b) 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.