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

Regulations are current to 2013-04-29

Surveys

 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.

  •  (1) 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.

  • (2) 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.

  • (3) 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.

Term of Lease

  •  (1) 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.

  • (2) 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

    • (a) 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

    • (b) for such shorter term than that specified in paragraph (a) as the lessee may request.

  • (3) 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.

  • (4) [Revoked, SOR/90-468, s. 1]

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

  • SOR/90-468, s. 1.

Rental

 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.

Security Deposit

  •  (1) 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.

  • (2) 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.