Mineral tenures in the
Ownership of Minerals
Title to minerals in
Historical
In addition to the tenure system created by the Mineral Act, in some circumstances parties can hold mineral rights as part of historical fee simple land grants. While modern Canadian land grants typically exclude grants of subsurface mineral rights (they are, in turn, often governed by a separate mineral tenure system), historical grants did not always follow this practice. Holders of such fee simple lands may therefore possess both surface and subsurface mineral rights, and these rights may be held in perpetuity. A number of these historical grants still exist in
Mineral Licences
Mineral licences are issued by the Minister of Industry,
In accordance with section 6 of the Mineral Act, a licence may be transferred at any time during its currency by forwarding an original, duly executed transfer to the mineral claims recorder. Any number of coterminous map-staked licences may be grouped to form a single licence, provided that the claims grouped does not exceed 256 map staked claims, licences are in good standing and held by the same individual or corporation, no extensions under section 28.1 of the Mineral Act are active, and the first-year assessment reports are submitted and accepted.
Upon the expiry of a Mineral Licence, the licensee may apply to convert the Mineral Licence to a
Mineral Licences are subject to the terms and conditions set out as a Schedule to the Mineral Act and, in accordance with paragraph 22(3)(b) of the Mineral Act, other terms and conditions that may be set out in the licence or that may be prescribed by regulation.
Mining Leases
Pursuant to subsection 31(1) of the Mineral Act, provided the equivalent of the first three years assessment work has been completed and acceptable reports submitted, a Licence holder at any time has a right to be issued a
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that the lessee pays in advance an annual rental of an amount calculated in accordance with the formulae prescribed by regulation for the area of land to which it applies,
- that the lessee shall start mineral production capable of extracting a mineral or a mineral ore in saleable quantities within 5 years from the date of the beginning of the Lease and maintain that production without cessation except for a period totalling 5 years during the remainder of the period covered by the Lease,
- that the minister, and the other officers of the department that are authorized by the minister, having a right at reasonable times to enter a mine being operated by the lessee or land held by the lessee in connection with the working of the minerals demised by the Lease and to search, view, inspect and inquire into the condition of that mine or land and to inspect the books of account relating to the working of a mine and minerals or mineral ores being extracted from the land described in the Lease,
- that the lessee fulfils and observes the requirements of all statutes of the province and of
Canada and regulations, orders and directions made under those statutes in respect of or relating to the premises demised by the Lease, including environmental control, maintenance of health, building and operational standards, the making of returns and reports and the doing or refraining from doing a matter or thing required to be done or not to be done under or by those statutes, - that the lessee complies with all provisions prescribed by regulation pertaining to the Lease,
- that the lessee shall, where ordered to do so by the Lieutenant-Governor in Council, complete primary production, in whole or in part, in the province, of a mineral or mineral ore extracted or removed under the Lease, and
- that the lessee shall comply with those other terms and conditions that the minister may impose.
Although the conditions of the Mining Lease require that a lessee must start mineral production within 5 years from the date of issuance of the Mining Lease, the Minister of Industry,
In accordance with subsection 31(2) of the Mineral Act, the initial term of a
Surface Leases
In order to develop a mineral resource, it is also necessary to obtain a demise of surface rights in accordance with section 33 of the Mineral Act to the area necessary to enable the lessee to implement the obligations imposed upon the lessee under the Lease and to carry out mineral exploration, mining operations or mineral processing and development in, on or under the land covered by the Mining Lease (hereinafter referred to as a "Surface Lease"). The term of a Surface Lease shall not extend beyond the period covered by the Mining Lease in relation to which the Surface Lease is issued.
Annual Rental
Subsection 31(5)(b)(i) of the Mineral Act provides that a mining lease is subject to the condition that a lessee pays in advance an annual rental of an amount prescribed by regulation for the area of land to which the lease is to apply. The annual rental requirement is further referenced in section 40 of the Regulations, which states that a
Prior to the issuance of a
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