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Mineral Resources Regulations
made under Section 174 of the
Mineral Resources Act
S.N.S. 1990, c. 18
O.I.C. 2004-435 (November 4, 2004), N.S. Reg. 222/2004
as amended up to O.I.C. 2009-164 (March 31, 2009, effective April 1, 2009), N.S. Reg. 123/2009
Table of Contents
Basis for establishing claim reference maps
Division of claim reference map into tracts
Figures showing subdivision of base map
Requirement to use prescribed land divisions in descriptions
Boundary measurement requirements
Correction of records and documents
Service and Delivery of Documents
Service of document by Minister, Registrar or other person
Documents delivered to Minister
Form of required information under Section 25 of the Act
Consideration of applications received by mail
Application for area under expired exploration licence
Form of certificate of compliance
Refund on refusal or rejection of application
Minimum value of acceptable work required for submission
Work credit for assessment work in excess of minimum
Existing work credit to be applied to later renewal
Assessment work acceptable for work credit
Acceptable assessment work - decision of Minister final
Form of assessment work report
Prospector’s statement allowed if exempt from filing technical report
Technical illustrations - format
Details of geological work performed
Details of geochemical work performed
Details of geophysical work performed
Details of excavation work performed
Details of metallurgical studies performed
Prohibition of bulk sampling activities without lease or letter of authorization
Application for letter of authorization
Issuance of letter of authorization
Refusal to issue letter of authorization
Letter of authorization documentation to be kept by field representative
Time limit for refilling excavation after bulk sampling
Form of required information under Section 25 of the Act
Additional required documentation filed with application
Survey conducted by Nova Scotia Land Surveyor
Application for non-mineral registration
Additional required documentation filed with application
Report to Registrar filed with application
Form of non-mineral registration
Recording of non-mineral registration
Annual report on mining operations
Restriction in designated areas
Access to municipal water supply watershed lands
Preservation of drill core and cuttings
Requirement to mine within limit
Information required regarding mine closure
[Content of statistical reports]
Appeals from an officer’s decision
Form 4 - Application to Register as Prospector
Form 5 - Prospector’s Identification Card
Form 6 - Application for Exploration Licence or Renewal of Exploration Licence
Form 7 - Mineral Rights Holders Information
Form 9 - Certificate of Compliance
Form 10 - Statement of Assessment Work Expenditure
Form 11 - Prospector’s Statement
Form 12 - Excavation Registration
Form 13 - (Application For) Letter of Authorization
Form 14 - Application for Lease
Form 16 - Annual Report on Mining Operations
Form 17 - Application for Non-Mineral Registration
Form 18 - Non-Mineral Registration
1 These regulations may be cited as the Mineral Resources Regulations.
2 In these regulations
(a) “base maps” means the National Topographic Series (NTS-NAD 83) maps on a scale of 1:50 000 made by Natural Resources Canada for areas bounded by each 30ʹ of longitude and each 15ʹ of latitude;
Clause 2(a) amended: O.I.C. 2005-191, N.S. Reg. 100/2005.
(b) “caveat” means a notice of a trust filed under subsection 88(4) of the Act;
(c) “claim reference map” means a representation of one quarter of the area of a base map as subdivided in accordance with subsection 5(1);
(d) “decision” means a decision that is made under the Act by an officer to issue, renew, refuse, suspend, order forfeiture, or determine abandonment of a licence, lease, or registration;
(e) “drillhole” means a hole drilled for the primary purpose of obtaining geological, geochemical, or geophysical information;
(f) “index map” means a generalized location map;
(g) “non-Crown limestone” means limestone that has not been declared to be a mineral under Section 5 of the Act;
(h) “surface excavation” means trenching, pitting or stripping surface material for the purpose of finding, identifying or determining the presence or extent of any mineral
(i) by mechanical means, or
(ii) by other than mechanical means to a depth greater than 1.2 m;
(i) “technical illustration” means a depiction of data that clarifies the content of a report or stands alone as a record of information and includes a map, plan, section, drawing, chart, graph, diagram or photograph;
(j) “underground exploration” means the opening or reopening of underground workings and includes dewatering or rehabilitating the underground workings;
(k) “watercourse” means a lake, river, stream, ocean or other body of water.
3 For the purposes of the Act,
(a) “construction stone” includes shale or clay when used to manufacture masonry building products;
(b) “masonry building products” includes common building bricks.
Basis for establishing claim reference maps
4 The base maps must be used as the basis for establishing claim reference maps to determine the boundaries of claims, licences, leases and non-mineral registrations.
5 (1) The area represented by each base map must be subdivided into 4 claim reference maps, as shown in Figure 1 in Section 8, by median lines corresponding to the median longitude and latitude lines of the base map, and the 4 claim reference maps produced must be lettered A for the southeast quarter, B for the southwest quarter, C for the northwest quarter and D for the northeast quarter.
(2) Each claim reference map must be identified by the numbering of the base map of origin and the appropriate quarter section letter.
(3) Claim reference maps maintained by the Registrar are conclusive as to the matters shown on them and are the sole official depiction of the relative location and extent of mineral rights and non-mineral registrations.
Division of claim reference map into tracts
6 (1) Each claim reference map must be subdivided into 108 tracts by 12 equal divisions on latitude and 9 equal divisions on longitude, as shown in Figure 2 in Section 8, with the following specifications:
(a) the east and west boundaries of each tract must be true meridians of longitude;
(b) the north and south boundaries of each tract must be straight lines parallel to the chord of one-half of the part of the parallel of latitude that represents the south boundary of each claim reference map; and
(c) the angle of intersection of each chord on either side of the median meridian of longitude for each claim reference map must be 90o.
(2) Each tract must contain 259 ha, more or less.
(3) The 108 tracts on a claim reference map must be numbered as shown in Figure 2 in Section 8.
7 (1) Each tract on a claim reference map must be subdivided into 16 claims, by 4 equal divisions on latitude and 4 equal divisions on longitude.
(2) The 16 claims in each tract of a claim reference map must be lettered as shown in Figure 3 in Section 8.
Figures showing subdivision of base map
8 Figures 1, 2 and 3 as referred to in Sections 5, 6 and 7 are as follows:
Requirement to use prescribed land divisions in descriptions
9 All mineral rights and non-mineral registration areas must be defined or described in terms of the divisions of land prescribed in Sections 4 to 8.
Boundary measurement requirements
10 (1) All boundaries extend downward vertically without limit.
(2) All surface measurements must be referenced to a horizontal plane.
11 The Registrar must maintain records for
(a) applications to register as a prospector;
(b) base maps;
(c) claim reference maps;
(d) an index of holders of exploration licences;
(e) applications for exploration licences;
(f) copies of exploration licences;
(g) applications for special licences;
(h) copies of special licences;
(i) statements of expenditure;
(j) prospectors’ statements;
(k) certificates of compliance;
(l) assessment work reports;
(m) statements of work credits;
(n) excavation registrations;
(o) letters of authorization;
(p) surface rights permits;
(q) agreements;
(r) caveats;
(s) summaries of agreements;
(t) tender submissions;
(u) an index of holders of leases and non-mineral registrations;
(v) applications for leases;
(w) copies of leases and non-mineral registrations;
(x) applications for special leases;
(y) copies of special leases;
(z) an index of holders of mining permits;
(aa) applications for mining permits;
(ab) copies of mining permits;
(ac) mine reports;
(ad) reports of work on leases;
(ae) reports on closure of mines;
(af) milling permits;
(ag) reclamation bonds;
(ah) transfers;
(ai) surrenders;
(aj) copies of notices;
(ak) statistical reports;
(al) letters of closure of land;
(am) letters of reopening of land; and
(an) fees charged and recovered,
and such additional records as the Registrar may require in order to perform the duties of the Registrar under the Act.
Correction of records and documents
12 (1) The Registrar must correct any error appearing on a map maintained by the Registrar when the Registrar becomes aware of the error.
(2) The Registrar may correct a document filed with the Registrar to ensure that the document is a copy of the original document.
13 The Registrar may maintain required indexes, listings of information and other records of the Registrar’s office in photographic, computerized or other electronic data storage systems, and may amend, update or correct the indexes, listings of information and records.
14 (1) The Registrar may maintain a copy of a document that is issued by or that remains in the custody of the Registrar by maintaining
(a) a duplicate copy of the original;
(b) a carbon copy of the original;
(c) a photostat copy of the original;
(d) a computer file that contains all the material in the original that is unique to the document;
(e) a photographic reproduction of the original;
(f) material from the original in an electronic data storage medium that is capable of reproducing an accurate copy of the original; or
(g) an accurate copy of the original that has been prepared by the Registrar from the information stored by any of the methods described in clauses (a) to (f).
(2) If the Registrar is satisfied that an accurate copy of a document has been made, the Registrar may order the destruction of the original document.
Service and Delivery of Documents
Service of document by Minister, Registrar or other person
15 (1) A notice or other document that is served under the Act or these regulations by the Minister, Registrar or any other person acting under the authority of the Act or these regulations is deemed to be effectively served on a person if
(a) it is delivered personally;
(b) it is sent by pre-paid registered or certified mail to the latest address shown on the records of the Registrar for the person; or
(c) it is sent to a facsimile machine in the most recent office or place of residence shown on the records of the Registrar for the person.
(2) The Registrar may order another means of service, including substituted service, service by advertisement or other form of service.
(3) Receipt of a notice or document referred to in subsection (1) is deemed to occur no later than the 4th day after the date of service.
Documents delivered to Minister
16 (1) A document required to be delivered to or filed with the Minister or the Registrar must be personally delivered or sent by pre-paid mail.
(2) A document is deemed not to have been received by the Minister or Registrar unless and until it is delivered in accordance with subsection (1).
17 The Minister or Registrar may, but is not required to, respond to or act upon a document sent to either of them by facsimile machine.
18 For the purposes of Sections 85 and 86 of the Act, “transfer” and “transferred” refer to a transfer by way of an instrument, agreement, assignment or conveyance that conveys one or more complete geographical claims from a registered mineral right holder or non-mineral registrant to a new mineral right holder or non-mineral registrant, but do not refer to
(a) a transfer of a partial interest in a mineral right if the registered mineral right holder does not change; or
(b) a transfer of a partial interest in a non-mineral registration if the non-mineral registrant does not change; or
(c) an abandonment, surrender, forfeiture or termination under the Act.
19 A transfer of a mineral right or non-mineral registration must be in Form 1, and a completed and filed Form 1 is notice of the transfer.
20 (1) A summary of an agreement required by subsection 87(1) or (1A) of the Act that results or may result in a transfer or assignment of a mineral right or non-mineral registration, part of a mineral right or non-mineral registration, or any interest in a mineral right or non-mineral registration, must be in Form 2.
(2) The Registrar must assign a sequential number to each Form 2 as it is received and make a notation of the number on the face of the corresponding affected mineral right or non-mineral registration.
(3) The Registrar must maintain an index in which the Registrar records the number assigned to a summary and the names of the parties listed in the summary.
(4) The Registrar may delete from the index a reference to a notice relating to a mineral right or non-mineral registration that has ceased to exist.
21 (1) A caveat required by subsection 88(4) of the Act to give notice of a trust must be in Form 3.
(2) The Registrar must assign a sequential number to each caveat as it is received and make a notation of the number on the face of the corresponding affected mineral right or non-mineral registration.
(3) The Registrar must maintain an index in which the Registrar records the number assigned to a caveat and the corresponding number of the mineral right or non-mineral registration affected by the caveat.
(4) The Registrar may delete from the index a reference to a caveat relating to a mineral right or non-mineral registration that has ceased to exist.
22 (1) A person required to register as a prospector under clause 21(3)(b) of the Act must submit a completed application in Form 4 to the Registrar.
(2) The Registrar must enter the particulars of each registered prospector who applies under subsection (1) in a list of registered prospectors maintained by the Registrar.
(3) The Registrar must give each registered prospector a copy of the Act and these regulations.
(4) The Registrar must issue an identification card in Form 5 to each registered prospector.
(5) The Registrar may remove from the list of registered prospectors the name of a person who has
(a) been found guilty of an offence under the Act or these regulations;
(b) requested in writing to have their name removed from the list and has returned the identification card; or
(c) died.
23 An application for a licence or its renewal required by subsection 24(2) or clause 44(1)(a) of the Act must be in Form 6.
Form of required information under Section 25 of the Act
24 The documentation required by Section 25 of the Act to be filed by a person who applies for an exploration licence must be in Form 7.
Consideration of applications received by mail
25 The Registrar is permitted to consider applications for licences submitted by mail only if there are no pending applications that have been submitted by applicants in person to the Registrar’s office.
26 For the purpose of tendering the right to obtain an exploration licence to 2 or more applicants in accordance with subsections 34(1) and (2) of the Act, the Registrar must
(a) give written notice to each applicant of pending applications no later than 7 calendar days after the date the applications are received by the Registrar;
(b) request that each applicant submit a tender in the form of a work proposal no later than 28 days after the date of the notice; and
(c) subject to subsection 34(3) of the Act, no later than 10 days after the date the last tender submitted in accordance with clause (b) is received, issue an exploration licence as required by subsection 34(2) of the Act.
Application for area under expired exploration licence
27 (1) If an exploration licence expires, an application for a new exploration licence for all or a portion of the same area may not be made before 10 a.m. on the day following the expiry date of the exploration licence.
(2) If an exploration licence for an area is renewed under Section 44 or subsection 45(2) of the Act, the Registrar must reject all other applications for the area.
(3) The Registrar must consider all acceptable applications received under subsection (1) in the order that they are received.
28 An exploration licence must be in Form 8.
29 (1) A licence may be renewed at any time within a period of 12 months less 1 working day before the anniversary of the licence.
(2) If an exploration licence is renewed more than 30 days before the anniversary of the licence,
(a) there is no refund of all or any portion of the paid application fees;
(b) work credits that have been allocated must not be redistributed until the next renewal of the licence; and
(c) if additional assessment work is submitted before the next renewal, the assessment work must, subject to Section 39, be added to existing work credits
(i) at 100% of acceptable cost, if filed in the licence year during which the work was performed, or
(ii) at 50% of acceptable cost, if filed at a later date.
30 The renewal of a licence under Section 47 of the Act does not alter the anniversary date of the licence or the work requirements for the licence.
Form of certificate of compliance
31 A certificate of compliance granted under Section 49 of the Act must be in Form 9.
32 Unless the Registrar and licensee agree otherwise, the Registrar must send a licence issued to the licensee by pre-paid mail to the address provided in the application for the licence.
Refund on refusal or rejection of application
33 If an application for a licence is refused or rejected, the Registrar must return the amount of the fee submitted with the application, less the amount of any administration fee charged, to the applicant by pre-paid mail to the address provided in the application.
34 (1) A statement of expenditure required by subsection 43(1) of the Act must be in Form 10.
(2) On a statement of expenditure, all expenditures for assessment work that qualifies for work credit must be expressed in Canadian dollars and must be documented to the satisfaction of the Registrar.
Minimum value of acceptable work required for submission
35 The minimum value of acceptable assessment work that must be submitted for the renewal of an exploration licence is
Year of Licence |
Dollars per Year per Claim |
1st to 10th |
$200 |
11th to 15th |
$400 |
16th and after |
$800 |
Work credit for assessment work in excess of minimum
36 Work credit applied under subsection 48(1) of the Act for all acceptable assessment work in excess of the minimum required by Section 35 for renewal of an exploration licence must be applied at its full value to a later renewal of the licence up to a maximum of 10 years following the date of submission, if the excess assessment work is submitted
(a) after the effective date of these regulations; and
(b) in the licence year during which it was conducted.
Existing work credit to be applied to later renewal
37 Work credits held under an exploration licence before the effective date of these regulations may be brought forward up to a maximum of 10 years after the effective date of these regulations for a later application to renew the licence and must be applied in accordance with Section 35 as of the next anniversary date of the licence after the effective date.
Assessment work acceptable for work credit
38 (1) The full cost of the following assessment work may be accepted for credit to a licence:
(a) prospecting;
(b) trenching, pitting, stripping and refilling excavations;
(c) line cutting or flagging;
(d) geological surveys;
(e) geochemical surveys;
(f) geophysical surveys, including ground, marine and borehole investigations;
(g) airborne surveys, including photographic, geophysical and geochemical;
(h) photogeological and remote imagery interpretations;
(i) drilling and sealing of drillholes;
(j) surface and underground surveys related to exploration or development;
(k) surface or underground exploration work;
(l) assays, analyses and mineral tests;
(m) technical data compilations; and
(n) any other work and reasonable expenses approved by the Registrar as being necessarily incidental to and directly associated with the work mentioned in clauses (a) to (m), including expenses for accommodation, food, meals and transportation.
(2) The cost of the following assessment work is considered allowable ancillary expenses, the total credit for which must not exceed 10% of the cost of assessment work accepted for credit to a licence:
(a) the cost of a building, structure, machinery, plant, equipment, conveyance or access road;
(b) expenditures made to
(i) reclaim property,
(ii) rehabilitate buildings or structures,
(iii) prepare environmental impact or assessment studies conducted for proposed mining purposes,
(iv) test mining methods, and
(v) prepare metallurgical studies, including expenses for consumable items related to ore processing testwork, pilot plant runs and milling of bulk samples;
(c) the cost of preparing of marketing studies;
(d) compensation paid to landowners;
(e) legal fees directly relating to landowners and contractors;
(f) accounting fees directly attributable to the licence;
(g) the cost of secretarial services;
(h) the cost of drafting and cartographic services;
(i) the cost of field supplies; and
(j) office expenses consisting of monies spent for
(i) rent,
(ii) heat,
(iii) light,
(iv) supplies,
(v) telecommunications,
(vi) office equipment rental,
(vii) postage, express and freight,
(viii) building and equipment insurance, and
(ix) reasonable printing and copying charges.
(3) Despite subsections (1) and (2), assessment work must not be credited if
(a) it has previously been credited;
(b) it fails to provide new or additional data contributing to the geoscientific knowledge of the area upon which it was conducted;
(c) it is not reported in the manner prescribed by these regulations; or
(d) the costs are not acceptable to the Registrar.
39 (1) Work credits for an airborne survey are permitted to be applied to an exploration licence held or subsequently acquired for the survey area only if an acceptable report and statement of expenditure are submitted.
(2) Work credits for an airborne survey must be applied at a rate determined on the basis of the time that elapses between the completion of the survey and submission of a report and statement of expenditure as follows:
Year Report Submitted |
Percentage of Survey Cost to be Credited |
1st or 2nd year after survey |
125 |
3rd year after survey |
100 |
4th year after survey |
75 |
5th to 10th year after survey |
at the discretion of the Registrar, to a maximum of 50 |
11th year or later after survey |
0 |
(3) Work credits for prospecting or preliminary ground surveys performed on unlicensed ground are permitted to be applied to an exploration licence subsequently acquired for the survey area only if
(a) the work was conducted on lands that were, at the time of the work, available for application for an exploration licence; and
(b) an acceptable report and statement of expenditure are submitted.
(4) Credit for preliminary ground surveys referred to in subsection (3) must be applied in the same manner as for airborne surveys as set out in subsection (2), except that the rate must be determined based on the time that elapses between the date the ground survey begins and submission of an acceptable report and statement of expenditure.
Acceptable assessment work - decision of Minister final
40 In the event of a dispute regarding whether an activity constitutes acceptable assessment work, the decision of the Minister is final.
Form of assessment work report
41 (1) Assessment work submitted for credit to an exploration licence must be reported in
(a) a prospector’s statement in Form 11 in duplicate; or
(b) a technical report.
(2) Acceptable assessment work reported in a prospector’s statement submitted for credit in respect of an exploration licence must be credited on the basis of $50.00 for each 8 hours during which the assessment work was performed.
(3) A prospector’s statement may be submitted for work credit only for the first 7 renewals of an exploration licence.
Prospector’s statement allowed if exempt from filing technical report
42 (1) An individual who is, in the opinion of the Registrar, exempt from the requirement to file a technical report may submit a prospector’s statement in duplicate in Form 11 as evidence of assessment work conducted upon a licence area.
(2) A prospector’s statement submitted under subsection (1) must be accompanied by a daily log of activities and a map upon which relevant new observations are noted, both prepared in a form and manner acceptable to the Registrar.
43 (1) A report submitted for assessment work conducted in respect of a licence must be made up of a text and technical illustrations.
(2) A report referred to in subsection (1) must contain all information obtained from technical data compilations and assessment work conducted and submitted for assessment work credits.
(3) A separate report must be filed for each licence unless
(a) a licence forms part of a group of coterminous licences, in which case a single report for the group is acceptable; or
(b) the report is approved by the Registrar for work credit to more than 1 exploration licence.
(4) Two copies of every report and illustration must be submitted as evidence of assessment work and must
(a) be of a quality suitable for duplication and microfilming;
(b) be printed in good quality type on a good grade of paper of letter or legal size;
(c) be bound between covers or contained in folders whose maximum dimensions do not exceed 38 by 25 cm;
(d) have margins of suitable width to allow full view of the text;
(e) have a title page and all subsequent pages numbered consecutively;
(f) contain the date on which the report was completed; and
(g) contain a table of contents that sets out the principal subdivisions of the text with corresponding page numbers, a table of illustrations with corresponding figure numbers, a table of appendices with corresponding appendix numbers and a list of tables with corresponding table numbers and titles.
(5) The text of each report must include the following principal subdivisions:
(a) Summary - a summary of the work performed and of the results obtained;
(b) Introduction - an outline of the scope of and reasons for the work program;
(c) Location and Access - an outline of details regarding the location of the work program;
(d) Licence Tabulation - a tabulation of the licences pertaining to the report, including claim reference maps, tracts, claims and dates of issue, the name of the licence holder and, if different, the name of the person submitting the report;
(e) Work Performed - a detailed description of the work conducted including the names of the persons who conducted the work and the dates during which the work was performed;
(f) Interpretation of Results - a discussion and interpretation of the results of the work conducted;
(g) Conclusions and Recommendations - an outline of the conclusions reached and recommendations made regarding future work on the property under the licence;
(h) Bibliography;
(i) an Author’s Certificate as required by Section 78; and
(j) Appendices.
(6) In addition to the requirements of subsections (1) to (5), if assays or analytical results are reported the report must include
(a) a description of the analytical methods and indicated detection limits; and
(b) a clearly legible and signed copy of the certified laboratory report submitted by the analytical facility that conducted the work.
(7) If drilling results are reported, typed drill logs must be submitted.
Technical illustrations - format
44 (1) A technical illustration that accompanies or is included in a report must be submitted in such detail and on such a scale so as to permit on-site verification and must
(a) be clearly visible and legible;
(b) have outside dimensions that are no larger than 91 cm by 122 cm;
(c) have a complete legend referenced by numbers, letters, graphic patterns or symbols;
(d) be a copy of the original drawing or tracing;
(e) if bound into the report, include a margin of a suitable width to allow full view of the illustration; and
(f) include the following, as may be appropriate to the nature of the illustration, including separate index maps:
(i) a bar scale,
(ii) an astronomic (true) north arrow,
(iii) a title,
(iv) the date the illustration was prepared, and
(v) a figure number.
(2) A technical illustration that includes a map, other than an index map, must include
(a) the plotted location of appropriate lines of latitude and longitude;
(b) the licence boundaries along with appropriate tract or claim boundaries;
(c) distinctive topographic features in such manner that they can be readily identified and located on the ground;
(d) the location of all surface or underground workings;
(e) the location of all surveyed lines and grid lines, named or identified appropriately, with the length and azimuth of each line shown; and
(f) the location of geodetic monuments if located in the map area, survey control points, bench marks and reference measurements to identifiable surface features or permanent objects.
Details of geological work performed
45 (1) If geological work is submitted for work credit, in addition to the requirements of Section 43, a report of geological work must include descriptions of
(a) the manner in which the work was conducted, the dates upon which it was conducted and by whom it was conducted;
(b) the geological features observed;
(c) the synthesis of the geological observations referred to in clause (b);
(d) each sample taken and the location of each sample taken; and
(e) all prospecting activity conducted.
(2) If geological work is submitted for work credit, in addition to the requirements of Section 44, a geological map must be submitted and must show
(a) mapped outcrops, float and other observed geological features;
(b) the orientation of geological features observed;
(c) identification of the various rock types observed;
(d) trenches, pits, stripped areas, shafts and underground workings;
(e) the number and location of all drillholes;
(f) the location and identification, by means of sample number, of all samples taken for analysis;
(g) an indication of the detection limit of the analytical procedures employed; and
(h) the numerical values of all analyzed rock above the detection limit for the elements that form the primary targets of the exploration program.
Details of geochemical work performed
46 (1) If geochemical work is submitted for work credit, in addition to the requirements of Section 43, a report of geochemical work, including an orientation survey, must include
(a) the type of survey, including a description of sample medium and field sample preparation;
(b) relevant site information not already contained in a separate part of the report that may have a bearing on the results obtained and their interpretation, including
(i) local geology,
(ii) local topography,
(iii) local surface and ground water data,
(iv) local meteorological conditions, and
(v) specific dates; and
(c) a description of results.
(2) If geochemical work is submitted for work credit, in addition to the requirements of Section 44, a geochemical map must be submitted and must show
(a) the distinctive topographic features and relevant site information that may influence the interpretation of results;
(b) the location and identification, by means of sample number, of all samples taken for analysis;
(c) an indication of the detection limit of the analytical procedures employed; and
(d) the numerical values above the detection limit for the elements that form the primary targets of the exploration program.
Details of geophysical work performed
47 (1) If geophysical work is submitted for work credit, in addition to the requirements of Section 43, a report of geophysical work, including an orientation survey, must include
(a) the type and method of survey, correctional techniques, type and model of instrument used, components measured and locational controls employed, including
(i) in the case of a ground survey, the total line kilometres surveyed,
(ii) in the case of an airborne survey, the aircraft type, ground clearance, location of area covered and total line kilometres surveyed, and
(iii) in the case of a shipborne survey, the type and size of vessel and total line kilometres surveyed;
(b) relevant information that may have a bearing on the results obtained and their interpretation, including local geology, topography, powerlines, swamps and meteorological conditions; and
(c) a description of results.
(2) If geophysical work is submitted for work credit, in addition to the requirements of Section 44, a geophysical map must be submitted and must show
(a) distinctive topographic features and relevant site information that may have a bearing on the interpretation of results;
(b) applicable instrument and transmitting station orientation;
(c) instrument readings for each station or fix point, corrected for instrument drift and diurnal variations; and
(d) properly supported, contoured or profiled information from airborne, shipborne or remote sensing surveys.
(3) A geophysical profile or cross-section that is submitted as part of geophysical work must show
(a) horizontal and vertical scales; and
(b) stations identified so that the profile or cross-section may be related to the tract, traverse or drillhole and geophysical survey maps.
48 (1) If drilling results are submitted for work credit, in addition to the requirements of Section 43, all drilling activity, except holes for blasting purposes, must be reported with a drilling results report that includes
(a) a written description of the drilling program, including the type of drilling, number of holes drilled, dates of commencement and completion of the drill program, location, core storage site, hole size, total metres drilled, equipment and casing left in the hole and hole abandonment procedures;
(b) an identification of drill targets;
(c) a review of the results of the drilling program;
(d) a description of downhole geophysical surveys, including results;
(e) an identification of the type of material sampled including core, sludge, overburden and chips, and sample fraction including whole core and split core; and
(f) a typed drill log for each hole that includes
(i) the name of the exploration company and, if it is not the same, the name of the licensee,
(ii) the hole identification number, which includes a year designation,
(iii) the collar location with map coordinates, exploration grid coordinates and claim reference map, tract and claim references,
(iv) the datum, whether established or assumed,
(v) the azimuth, inclination and elevation of the hole at the collar,
(vi) the depth and result of each dip and azimuth test,
(vii) the depth of overburden and the total depth of the hole,
(viii) the dates of commencement and completion of drilling,
(ix) the type of materials obtained including core, chips and sludge,
(x) the name of the drilling contractors,
(xi) the hole size,
(xii) the name of the person who prepared the log,
(xiii) a detailed geological description in descending order from the collar to the end of the hole including depths of features described, sample numbers and sample intervals,
(xiv) where possible, all assays, analyses and results, and
(xv) a statement regarding whether whole or split samples were removed.
(2) If drilling results are submitted for work credit, in addition to the requirements of Section 44, the location of drillholes must be recorded on a map and must show hole number and relevant site information.
Details of excavation work performed
49 (1) If excavation work is submitted for work credit, in addition to the requirements of Section 43, all excavation work must be reported and the report must include
(a) a description of
(i) the location of workings, together with, if applicable, an exploration grid reference,
(ii) the type of excavation including trenching, pitting, stripping, bulk sampling, shaft sinking, driving adits, declines, drifts, cross-cuts, levels, raises and winzes, and the re-opening, rehabilitation or dewatering of any working,
(iii) the method and equipment used, and
(iv) the dimension and orientation of workings and, if applicable, the depth of overburden;
(b) the purpose of the excavation;
(c) the excavation registration number or date of the letter of authorization;
(d) the dates the excavation work began and ended; and
(e) a description and location of all samples taken, and analyzed, and the name of the laboratory where samples were analyzed.
(2) If excavation work is submitted for work credit, in addition to the requirements of Section 44, each technical illustration pertaining to an excavation must show, if applicable,
(a) the location of the excavation with respect to appropriate tract or claim boundaries;
(b) the dimensions and orientation of the excavation;
(c) the location and identification, by means of sample number, of all samples taken for analysis;
(d) an indication of the detection limit of the analytical procedures employed; and
(e) the numerical values above the detection limit for the elements that form the primary targets of the exploration program.
Details of metallurgical studies performed
50 If metallurgical studies are submitted for work credit, in addition to the requirements of Section 43, the results of all metallurgical studies or test work and all mineralogical examinations must be reported and the report must include
(a) the source, quantity and type of all samples collected;
(b) the quantity and size fractions of the samples used for testing;
(c) the mineralogical composition of the samples, if it has been determined;
(d) the results of all methods of processing performed or investigated; and
(e) a process flowsheet and metallurgical results from pilot plant testing and bulk sample processing.
51 (1) An excavation registration required by Section 101 of the Act must be submitted to the Registrar at least 7 days before the commencement of the activities to be conducted under the excavation registration.
(2) An excavation registration must be in Form 12.
(3) A person submitting an excavation registration must
(a) attach sketch map(s) on a practical scale showing the extent of the proposed work and in sufficient topographic detail to easily locate the site of excavation;
(b) post a reclamation bond in a form and amount acceptable to the Minister as required by Section 97 of the Act;
(c) provide a statement confirming the consent or agreement of the owner or tenant of the land.
(4) If the information required to be submitted to the Registrar in Form 12 is incomplete, the Registrar may refuse to record an excavation registration and must inform the applicant of the refusal.
(5) If the information required to be submitted to the Registrar in Form 12 is a misrepresentation, the Registrar may immediately strike the excavation registration from the Registrar’s records.
(6) If the information required and submitted to the Registrar in Form 12 is complete, the Registrar must enter the excavation registration in the Registrar’s records.
Prohibition of bulk sampling activities without lease or letter of authorization
52 No person is permitted to conduct or engage in activities referred to in Section 102 of the Act unless the person is
(a) the holder of a mineral lease; or
(b) a licensee who holds a letter of authorization
for the area upon which the proposed activities are to be conducted.
Application for letter of authorization
53 (1) An application for a letter of authorization must be submitted to the Registrar in Form 13.
(2) An applicant for a letter of authorization must submit
(a) a map showing the location of the proposed activity and access route to the site from the nearest settlement or public road;
(b) a statement confirming
(i) the consent or agreement of the owner or tenant of private land under Sections 39 or 59 of the Act, or
(ii) the consent of the Minister or the Minister’s designate to enter upon and work Crown land under Section 40 of the Act, or
(iii) that the applicant holds a surface rights permit issued under Section 100 of the Act;
(c) a brief report on the size, location and purpose of the bulk sample, mining method, schedule and expected results;
(d) a map of the site showing existing surface features, diamond-drill holes, test pits and any shafts or underground workings;
(e) a map or drawing showing
(i) major geological features,
(ii) the sample location and dimensions,
(iii) the location and dimensions of proposed workings,
(iv) the location of settling ponds and waste disposal areas,
(v) the location of all buildings, roads and other infrastructure,
(vi) all other major project-specific features;
(f) a description of the reclamation work to be conducted upon the completion of the exploration or sampling; and
(g) a reclamation bond in a form and amount acceptable to the Minister as required by subsections 97(1) and 102(3) of the Act,
and any additional information requested by the Registrar.
(3) If the information required to be submitted to the Registrar in Form 13 is a misrepresentation, the Minister may immediately revoke this letter of authorization.
Issuance of letter of authorization
54 The Registrar may issue a letter of authorization.
Refusal to issue letter of authorization
55 The Registrar may refuse to issue a letter of authorization if the Registrar determines that
(a) the proposed activity is not for the purpose of exploration or testing or, in the opinion of the Registrar, is detrimental to the resource;
(b) the applicant has failed to obtain the necessary consent, agreement or surface rights permit referred to in clause 53(2)(b);
(c) the applicant has failed to post a reclamation bond in a form and amount acceptable to the Minister; or
(d) the applicant has failed to provide a plan of reclamation satisfactory to the Registrar.
Letter of authorization documentation to be kept by field representative
56 The holder of a letter of authorization must ensure that a copy of the letter of authorization and evidence of the consent, agreement or surface rights permit referred to in clause 53(2)(b) are kept in the custody of the field representative named in the letter of authorization and are available for inspection at the site named in the letter of authorization.
Time limit for refilling excavation after bulk sampling
57 (1) Despite any agreement made with a landowner or tenant regarding reclamation, the holder of an excavation registration or letter of authorization must refill each excavation no later than 30 days after the date that the work program is completed, or such longer time as may be directed by the Registrar in accordance with subsection (2).
(2) If the Registrar receives a written request from a landowner or tenant of lands that are subject to an excavation registration or letter of authorization to leave an excavation open, and the Registrar is shown good cause in the written request for leaving the excavation open, the Registrar may direct that the excavation remain unfilled.
58 An application for a lease under clause 56(1)(a) of the Act must be in Form 14.
Form of required information under Section 25 of the Act
59 The documentation required by Section 25 of the Act to be filed by a person who applies for a lease must be in Form 7.
Additional required documentation filed with application
60 The documentation required to be filed with an application for a mineral lease for the purposes of clause 56(1)(b) of the Act is a report to the Registrar that includes
(a) a general location map of the area showing all claim boundaries, surface rights ownership and boundaries, nearby roads, buildings, powerlines, watercourses, topography and other surface features in the vicinity of the deposit;
(b) resource information, including
(i) a map showing the location of all drillholes, trenches, test pits and sample locations,
(ii) a geological map showing the known location of the deposit and its relationship to the host geological units,
(iii) geological cross-sections and longitudinal sections through the deposit, and
(iv) a table of ore reserves, including
(A) grades and quantities, categorized as proven, probable or possible,
(B) a description of the method of calculating the reserves,
(C) a statement of the specific gravity used and reason for its use, and
(D) a statement of the cutoff grade used and reason for its use;
(c) mining information, including
(i) a general map showing the surface facilities buildings, water diversions, settling and treatment ponds and ore and waste storage areas,
(ii) strip ratio and recovery factor,
(iii) a description of the proposed mining methods and schedules for all surface and underground development work, and
(iv) a description of the methods to be used for the reclamation of the mine, waste dumps, tailings ponds and other areas disturbed by the project, including a site plan; and
(d) mineral processing information, including
(i) a description of the processing method, and
(ii) a flow sheet for the process showing metallurgical balances,
and any additional information that the Registrar considers necessary for the purposes of the Act.
Survey conducted by Nova Scotia Land Surveyor
61 Except as otherwise required by the Registrar, a survey of the prescribed boundaries of a mineral lease must be conducted by a Nova Scotia land surveyor who is a member of the Association of Nova Scotia Land Surveyors, and a copy of the survey plan must be submitted with the application for the lease.
62 A lease required by subsection 58(1) of the Act must be in Form 15.
63 (1) The Registrar must enter a lease into the Registrar’s records by noting
(a) the date of the lease;
(b) the name and address of the lessee;
(c) a description of the lands covered in the lease;
(d) the commencement date and term of the lease; and
(e) the consideration to be paid,
and additional matters particular to the lease.
(2) In recording a lease under subsection (1), the Registrar is not required to copy into the record standard clauses that are common to leases.
Application for non-mineral registration
64 An application for a non-mineral registration required by clause 90(2)(a) of the Act for mining gypsum and non-Crown limestone must be in Form 17.
Additional required documentation filed with application
65 The documentation required to be filed with an application for a non-mineral registration for the purposes of clause 90(2)(b) of the Act is a completed Form 7 and a report to the Registrar in accordance with Section 66.
Report to Registrar filed with application
66 A report to the Registrar to be filed with an application for a non-mineral registration must include
(a) a general location map of the area showing all claim boundaries, surface rights ownership and boundaries, nearby roads, buildings, powerlines, watercourses, topography and other surface features in the vicinity of the deposit; and
(b) mining information, including
(i) a general map showing the location of the existing and proposed mine workings, surface facilities buildings, water diversions, settling and treatment ponds and ore and waste storage areas,
(ii) strip ratio and recovery factor,
(iii) a description of the proposed mining methods and schedules for all surface and underground development work, and
(iv) a description of the methods to be used for the reclamation of the mine, waste dumps, tailings ponds and other areas disturbed by the project, including a site plan,
and any additional information that the Registrar considers necessary for the purposes of the Act.
Form of non-mineral registration
67 A non-mineral registration must be in Form 18.
Recording of non-mineral registration
68 (1) The Registrar must enter a duplicate of a non-mineral registration filed under subsection 92(3) of the Act into the record by giving it a sequential number.
(2) The Registrar must maintain an index of non-mineral registrations in which the Registrar records the number of each non-mineral registration, the name of the holder of the non-mineral registration and the area covered by the non-mineral registration.
(3) The Registrar may enter portions of a non-mineral registration into the records of the Registrar, and the entered portion is deemed to be an accurate copy of the original document.
Annual report on mining operations
69 The annual report required by Section 61 and clause 94(1)(d) of the Act must be a report on mining operations in Form 16.
70 Fees payable under the Act are as follows:
(a) issuance of exploration licence........................................................$5.60/claim
(b) conversion or annual renewal of exploration licence, for years
2 to 10..........................................................................................$11.20/claim
11 to 15.........................................................................................$22.40/claim
16 to 25.........................................................................................$89.60/claim
26 and after.................................................................................$179.20/claim
(c) issuance or renewal of special licence......................................$5.60/claim/year
(d) lease rental...........................................................................$112.00/claim/year
(e) payment in lieu of assessment work, for years
1 to 10.........................................................................................$224.25/claim
11 to 15.......................................................................................$448.50/claim
16 and after.................................................................................$897.00/claim
(f) assignment or transfer of exploration licence.............................................$5.60
(g) assignment or transfer of special licence, mineral
lease, special lease or non-mineral registration........................................$56.00
(h) registration of any document affecting title
of mineral right or non-mineral registration.............................................$11.20
(i) search of any document relating to mineral
right or non-mineral registration, per document.......................................$33.60
(j) copy of any licence, lease or non-mineral
registration, or any paper affecting title.............................................$1.12/page
(k) issuance of prospector’s identification card.............................................$11.20
(l) miscellaneous services not listed above.........................................$112.00/hour
Section 70 replaced: O.I.C. 2009-164, N.S. Reg. 123/2009.
71 The following royalties are determined for the purposes of subsection 121(3) of the Act:
|
Mineral |
Rate/Short Ton |
Rebate |
(a) |
Anhydrite |
$0.13 |
------ |
(b) |
Barite |
$0.16 |
$0.05 per ton on all barite processed to the extent of pulverization to 200 mesh or finer |
(c) |
Celestite |
2% of the net value of concentrates produced |
1% of the net value where concentrates are processed in the Province |
(d) |
Coal |
$1.09 |
------- |
(e) |
Dolomite |
2% of the net value at the mine, except where the end use is for agricultural purposes in the Province |
1% of the net value where end use is in the Province |
(f) |
Gold |
1% of the net value received by the producer |
-------- |
(g) |
Limestone |
2% of the net value at the mine, except where the end use is for agricultural purposes in the Province |
1% of the net value where the end use is in the Province |
(h) |
Salt |
$0.21 |
-------- |
(i) |
Silica |
$0.11 |
-------- |
(j) |
Silver |
1% of the net value received by the producer |
-------- |
Clauses 71(a), (b), (h), (i) amended: O.I.C. 2007-160, N.S. Reg. 123/2007.
Clause 71(d) amended: O.I.C. 2008-176, N.S. Reg. 182/2008.
Restriction in designated areas
72 (1) For the purposes of subsection 21(1) of the Act, the Minister may direct that any lands within an area designated by the Minister are restricted from any or all prospecting, exploration, development or mining with respect to the minerals specified in the direction and for such time as the Minister may specify.
(2) A direction under subsection (1) must be given to the Registrar, who must then indicate on the appropriate claim reference maps that the area designated by the Minister is restricted from the activities specified by the Minister.
(3) A direction issued by the Minister under subsection (1) may be amended or rescinded in writing by the Minister.
Access to municipal water supply watershed lands
73 (1) In this Section
(a) “municipal water supply watershed lands” means lands that are indicated on the claim reference maps of the Department as containing municipal water supply watersheds;
(b) “regional exploration” means exploration with no ground disturbance, and includes prospecting, geological mapping and geochemical and geophysical surveys, and for greater certainty does not include seismic surveys in which explosives are used;
(c) “detailed ground exploration” means exploration with ground disturbance, and includes drilling, blasting, test pitting, trenching, underground excavation, bulk sampling, stripping, road construction and watercourse alteration.
(2) A person who conducts regional exploration in municipal water supply watershed lands must notify the Registrar of the dates that the exploration will begin and end prior to commencing exploration.
(3) No person is permitted to undertake detailed ground exploration in municipal water supply watershed lands without first obtaining all necessary approvals from the Department of Environment.
(4) The requirements of subsection (2) and (3) are in addition to any requirements established by the landowner or tenant or under a surface rights permit.
74 Every person who identifies uranium mineralization must immediately
(a) notify the Registrar of the identification;
(b) cease work associated with prospecting, exploration and development if a uranium concentration greater than 100 ppm is encountered, except work required to determine if the concentration is representative of the average of the mineralized zones, and other work authorized by the Minister;
(c) cease all development work or mining operations if the average uranium concentration in an ore body, or in the aggregate of waste rock removed or that would be removed to develop or extract the ore body, is found to exceed 100 ppm; and
(d) if directed to do so by the Minister, restore a site or any part of a site where
(i) prospecting, exploration or mining has been undertaken by that person, and
(ii) the concentration of uranium exceeds 100 ppm.
75 (1) In this Section,
(a) “drilling program” means drilling activity conducted on a claim or group of claims during a period of time measured from when the drilling begins to the removal of the final drill machine, unless the time is extended by the Registrar for good cause shown;
(b) “seal” means to close off all or any part of the length of a drillhole in a permanent manner to ensure the prevention of leakage by such appropriate methods and materials as are in common use by the diamond drilling industry.
(2) In respect of a drilling program, every licensee must,
(a) before beginning a drilling program, give the Registrar written notification in the form provided by the Department indicating the claim area, magnitude and schedule of the proposed drilling program; and
(b) no later than 30 days after the date that the drilling program is completed,
(i) provide the Registrar with a tabulation of drillhole data including grid references, azimuths, dips, total depths, dates of commencement and completion of drilling and a drillhole location map cross-referenced to claim or licence boundaries,
(ii) permanently seal each drillhole from a minimum depth of 3 m in competent bedrock back to the surface of the ground,
(iii) seal all significant intersections in a drillhole where water, coal, salt, potash, uranium or petroleum, as defined in the Petroleum Resources Act, have been encountered, and
(iv) remove all debris including abandoned rods and casing from the area and leave the drill site with no casing or pipe protruding above the surface of the ground.
(3) Holes drilled for the sole purpose of sampling overburden or the overburden and bedrock interface are not required to be sealed in accordance with subclause (2)(b)(ii).
(4) Every drilling program must be conducted in compliance with all applicable laws.
(5) The Registrar may grant a single extension of time for a licensee to comply with subclause (2)(b)(i), if the licensee shows good cause, in writing, for the extension.
Preservation of drill core and cuttings
76 (1) A holder of drill core must
(a) retain all drill core obtained for the purpose of mineral exploration in standard core boxes at the drill site or at a core storage facility;
(b) take precautions to secure the drill core against weather and vandalism; and
(c) notify the Registrar before removing the drill core from the Province.
(2) No person is permitted to discard, destroy or otherwise reduce the scientific value of drill core without first requesting and obtaining the permission of the Registrar to do so, unless the person is using the drill core for assaying, testing or beneficiation, or metallurgical, mineralogical or other scientific studies.
(3) No later than 30 days after the date that a request is received under subsection (2), the Registrar must
(a) provide permission in accordance with subsection (2); or
(b) direct an officer of the Department to take possession of the drill core for the Province and take such other action as the Registrar considers necessary.
(4) Before drill core is received by the Department, the holder of the drill core must identify each box with a weatherproof label that indicates the drillhole number, core interval represented and the date and name of the company for which the drill core was obtained.
77 (1) If security for the purposes of reclamation is required under the Act, the security must be posted with the Registrar.
(2) The amount of the security referred to in subsection (1) must be determined by the Registrar on a site-specific basis and must include the estimated aggregate current cost for labour, equipment, supplies and services to conduct the following reclamation activities, as required:
(a) removing buildings and structures;
(b) removing or burying foundations;
(c) capping or filling pits, declines and shafts;
(d) stabilizing tailings disposal sites and drainage containment facilities;
(e) surface contouring;
(f) establishing proper site drainage;
(g) re-vegetation work; and
(h) any work not referred to in clauses (a) to (g) that is necessary to reclaim an area disturbed by the lessee, registrant, holder of an excavation registration or holder of a letter of authorization, or an agent or assignee of the lessee, registrant, holder of an excavation registration or holder of a letter of authorization.
(3) The amount of the security determined under subsection (2) may be reviewed and adjusted by the Registrar every 2 years from the anniversary date of the security.
(4) Reclamation of an area must be completed
(a) no later than 12 months after the date that production ceases, or a longer period as may be determined by the Minister; or
(b) under an excavation registration or letter of authorization, no later than 30 days after the date that the work plan is competed, or a longer period as may be determined by the Minister.
78 (1) Every report required to be made under the Act or regulations, except a statistical report, must be prepared by a geologist, a geophysicist, a geochemist, a mining or geological engineer, or a person with experience or qualifications acceptable to the Registrar.
(2) Every report must be submitted in duplicate with the author’s certificate attached, and both the report and certificate must be dated and signed.
(3) The author’s certificate referred to in subsection (2) must state
(a) the name, address and occupation of the author;
(b) the qualifications of the author, including the author’s work experience;
(c) whether the report is based on a personal examination by the author;
(d) the date of any examination;
(e) if the report is not based on a personal examination by the author, the source of the information contained in the report; and
(f) whether the author has, directly or indirectly, received or expects to receive any interest, direct or indirect, in the property of the company for which the report was made or any affiliate, or beneficially owns, directly or indirectly, any securities of the company or any affiliate and, if so, must give particulars.
(4) All engineering work and every report with engineering content must be performed or prepared by a person licensed to practise professional engineering in the Province in compliance with the Engineering Profession Act including Section 20 of that Act, which makes it an offence for a non-member or an unlicensed person to practise professional engineering.
Requirement to mine within limit
79 Without the approval of the Registrar, no lessee or registrant is permitted to mine within the following distances of the boundary line of a lease or non-mineral registration area:
(a) on land areas, within 10 m; and
(b) on submarine areas, within 25 m.
Information required regarding mine closure
80 (1) The summary report to be filed no later than 1 month before the intended permanent closure of a mine under subsection 99(6) of the Act must contain
(a) the name and head office address and a list of senior company staff of the lessee or registrant;
(b) a brief description of the reasons for the closure of the mine;
(c) maps, drawings and reports that include
(i) an existing site map showing the current location of the mine workings, surface facilities, settling and treatment ponds and ore and waste storage areas,
(ii) a summary of any remaining ore reserves or mineralized material in the area of the mine categorized as proven, probable or possible, and details of the cut-off grade, specific gravities, strip ratios and other factors used to calculate the reserves,
(iii) details of the quantity and grade of all material stored in waste dumps and tailings dams,
(iv) a description of the latest mining methods,
(v) for underground operations, the most recently prepared geological and engineering drawings and a description of roof support, and
(vi) a map showing the location of all drillholes, trenches, test pits and sample locations not previously reported;
(d) a milling report that contains
(i) a description of the current processing method, flowsheet and metallurgical balances, and a list of all process equipment used, and
(ii) a summary of the results of all metallurgical studies and investigations carried out in the previous 12 months; and
(e) the engineering drawings and description for the reclamation of the mine, mill, waste dumps, tailings ponds and other areas disturbed by the project, and the procedures for post-operational monitoring.
(2) Within 1 month after the date of the permanent closure of a mine, a person who filed a report referred to in subsection (1) must file a supplementary summary report that contains
(a) engineering drawings of the mine workings at the time of closure on a scale of not less than 1:1200; and
(b) production statistics from the date of the last report filed with the Department to the date of the closure.
81 Statistical reports required by Section 42 of the Act may be obtained by the Registrar for the purpose of
(a) providing data for surveys or censuses that are administered jointly or solely by Natural Resources Canada, Statistics Canada or the Department; or
(b) compiling national or Provincial totals of activities, costs and production with respect to exploration, development and exploitation of minerals.
[Content of statistical reports]
82 (1) Statistical reports required by Section 42 of the Act must include
(a) a list of costs and other quantitative measures of exploration and development work including drilling, excavations and employment;
(b) a list of costs of capital construction, machinery and equipment;
(c) a list of repair costs;
(d) a list of the amount and value of the production and disposal of substances mined and related by-products and waste products; and
(e) a list of the amount and value of materials used in, and other expenses associated with, production, processing and manufacturing,
and other information as may be required by the Registrar.
(2) Statistical reports required by Section 42 of the Act must be
(a) in the form provided by the Registrar; and
(b) submitted at the times specified on the forms, or as may be required by the Registrar.
Appeals from an officer’s decision
83 (1) An appeal under Section 169 of the Act from a decision of an officer must be commenced by a notice of appeal in Form 19.
(2) Except for a notice of appeal under subsection 153(1) of the Act, a notice of appeal must be filed with the Minister within 30 days of the date of the decision appealed.
(3) If an appellant does not indicate on the notice of appeal that a copy of the notice of appeal has been served on the officer whose decision is being appealed, the Minister may send a copy of the notice to the officer.
(pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 86)
Part 1
Notice is hereby given that _________________ of _______________ (or ________________, a body corporate duly incorporated under the laws of _________________________ with head office at ______________________) (hereinafter called the Transferor) has, subject to compliance with Section 85 of the Mineral Resources Act, sold, transferred, assigned or disposed of the mineral right or non-mineral registration, or interest in a mineral right or non-mineral registration, described below to __________________ of _______________________ (or __________________, a body corporate duly incorporated under the laws of _______________________ with head office at _____________________) (hereinafter called the Transferee):
_________________________________________________________________________
_________________________________________________________________________
Signed on _______________________, _______.
_____________________________ _____________________________________
Witness Transferor
Affidavit of Execution
(Witness)
I, ____________________ of the ___________________ of _______________ in the ____________________ of _________________________, make oath and say:
1. I was personally present and saw the Notice of Transfer in Part 1 duly signed, sealed and executed by ________________________, the Transferor.
2. I am a subscribing witness to the Notice of Transfer in Part 1.
Sworn or affirmed before me
in the ___________ of ______________
in the Province of __________________
on ____________________, _____
__________________________________ _______________________________
A Commissioner of Oaths, Barrister, etc. Witness
Part 2
The Transferee hereby acknowledges the transaction referred to in Part 1.
Signed on _______________________, _______.
__________________________________ _______________________________
Witness Transferee
Affidavit of Execution
(Witness)
I, of the ______________________ of _____________________ in the __________________ of ____________________, make oath and say:
1. I was personally present and saw the Acknowledgement in Part 2 duly signed, sealed and executed by ________________, the Transferee.
2. I am a subscribing witness to the Acknowledgement in Part 2.
Sworn or affirmed before me
in the ___________ of _______________
in the Province of ___________________
on ___________________, _____
__________________________________ _______________________________
A Commissioner of Oaths, Barrister, etc. Witness
Part 3
I, _______________________, Minister of Natural Resources/Registrar, hereby consent to the transfer referred to in Part 1.
Signed on _______________________, _______.
__________________________________ _______________________________
Witness Minister/Registrar
Part 4
Recorded at the office of the Registrar on __________________, _______, at _____ a.m./p.m. as instrument _________________, page number ____.
_______________________________
Registrar
For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
________________________________________________________________
No. ________________
(pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 87)
Mineral Right/Exploration Licence No. ___________________________________
Non-Mineral Mineral Lease No./Non-Mineral Registration No. _______________
Registration Claim Reference Map(s) ___________________________________
Type of agreement Option, debenture, assignment, transfer, etc.
_______________________________________________________
Between Name and address of Mineral Right Holder/Non-Mineral Registrant:
_______________________________________________________
_______________________________________________________
Name and address of other parties to agreement:
_______________________________________________________
_______________________________________________________
Summary of Describe the general terms and conditions of the agreement,
agreement including term of agreement and schedule of work
_______________________________________________________
_______________________________________________________
Describe the circumstances under which the mineral right/non-mineral registration may be transferred or assigned
_______________________________________________________
_______________________________________________________
Confidential Is this summary to be marked “confidential”
Yes or No (please circle)
Note: A summary that has been marked “confidential” must be held in confidence by the Registrar.
Agreement Expiry Date ____________________________________
_________________________________________________
Signature of Mineral Right Holder/Non-Mineral Registrant
_________________________________________________
Printed name
_________________________________________________
Position/occupation
Dated: ____________________ , ______
____________________, Nova Scotia
For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
________________________________________________________________
No. ________________
(pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 88(4))
This caveat filed on __________________, ______ is made pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18 (“the Act”), s. 88(4).
Take notice that __________________________________________ (name of Mineral Right Holder/Non-Mineral Registrant) is deemed to be holder of
________________________________________ (describe the mineral right or non-mineral registration) pursuant to subsection 88(1) of the Act;
And take notice that ________________________________ (name of Mineral Right Holder/ Non-Mineral Registrant) holds ___________________________________ (insert type of right) in trust for:
1. ____________________________ of ______________________ in the County of
Province of ___________________.
2. ____________________________ of ______________________ in the County of
Province of ___________________.
3. ____________________________ of ______________________ in the County of
Province of ___________________.
And further take notice that more details of the trust may be obtained by contacting
______________________________________________________________________
Address _____________________________________________________________
_____________________________________________________________
Submitted by _______________________________________________
Signature
_______________________________________________
(Please print name)
Address _________________________________________________
_________________________________________________
Telephone number (______) _________________
For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
________________________________________________________________
Application No. ________________
Card No. ________________
Cash Receipt No. ________________
Form 4 - Application to Register as Prospector
(pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 21(3)(b))
I wish to have my name (or name of the following corporation) added to the list of Prospectors of Nova Scotia:
Name: _____________________________________________________________
Address: _____________________________________________________________
Postal code: _____________________________________________________________
Age (or date of incorporation): ________________________________________________
Telephone number: _________________________________________________________
I enclose the application fee in the amount of $ ___________________________________.
Dated at ____________, Nova Scotia, _____________________, ______.
_________________________________________________
Signature (if applicant is a corporation,
state office held by person signing)
For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
________________________________________________________________
Form 5 - Prospector’s Identification Card
(pursuant to the Mineral Resources Regulations, s. 22(4))
No. __________________________
The holder of this card, ____________________________, is registered as a prospector pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, and by signing below acknowledges receipt of a copy of the Act and regulations.
Dated _______________________, ________
_______________________________
Signature of Prospector
Notice
The holder of this card is required to observe all the conditions of the Mineral Resources Act and Mineral Resources Regulations.
A prospector may not enter upon land or prospect without first obtaining the permission of the landowner or tenant.
For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
________________________________________________________________
Form 6 - Application for Exploration Licence or Renewal of Exploration Licence
(pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 24(2) & 44(1)(a))
Application is hereby made for an Exploration Licence under the Mineral Resources Act for all minerals saving and excepting _________________________ over an area of ground situated at or near ___________ in the County of _________________________ and described as follows:
Claim |
Tract(s) |
Claim Reference Map |
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Signed at ________________________ Date ________________
____________________ ____________________________ _____________________
Signature of applicant (Please print name) Occupation
_________________________________________________________________________
Address ____________________________________________
Postal code __________
Tel. no. _______________________
Licence to be issued to ______________________________________________________
_________________________________________________________________________
Address Postal code
Note: If the intended licensee is not a resident of Nova Scotia, the name and post office address of a person resident in Nova Scotia who has agreed to accept service on behalf of the applicant must be given as follows:
Service may be made upon _____________________, who resides at
__________________, telephone no. ( ) _________________.
A licence issued pursuant to this application is subject to the Mineral Resources Act and regulations, in particular the following Sections of the Act: s. 16, s. 39, s. 40, s. 55A, s. 84, s. 85, s. 86, s. 87, s. 88.
For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
For Office Use Only:
Applica- tion No. |
Re-group |
Renewal |
E.L. No. |
No. clms |
Credit before |
New work |
Total $ |
Req’d $ |
Credit balance |
PILW |
Year issue |
Anniver- sary date |
Comp |
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Received ________________, ______ |
Application No. _____________________ |
at _____________________ a.m./p.m. |
Licence No. ________________________ |
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Received Plotted Recorded |
Amount of app. fees $ ________________ |
{ } { } { } |
Receipt no. _________________________ |
Name & address _____________________ __________________________________ |
Comments: |
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Registry Staff _______________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ |
Year of issue _______________________ |
Reissue of EL No. ___________________ |
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Payment in lieu of work $ _____________ |
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Receipt No. ________________________ |
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Refund particulars ___________________ |
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Registrar __________________________ __________________________________ __________________________________ __________________________________ |
Accepted [ ] Rejected [ ] |
__________, _______________________ __________________________________ Deputy Minister |
Map Cards |
_______ |
Review |
_______ |
Parks |
_______ |
Chrono/Lic/Stat |
_______ |
Eco Sites |
_______ |
Final Lic/MC |
_______ |
Cons. Sites |
_______ |
Mailed |
_______ |
Appn. Entry |
_______ |
Lic./Ref. Entry |
_______ |
Appn. Entry |
_______ |
Lic./Ref. Entry |
_______ |
Map C. Entry |
_______ |
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________________________________________________________________
Form 7 - Mineral Rights Holders Information
(pursuant to Mineral Resources Act, S.N.S. 1990, c. 18, s. 25)
In accordance with the Mineral Resources Act, S.N.S. 1990, c. 18, s. 25, please be advised that the following documentation is required to be filed at the office of the Registrar on or before 4:00 p.m. on ___________, ___.
Complete applicable section.
A. If an individual or sole proprietorship
1. Name: _____________________________________________________________
2. Address: ____________________________________________________________
___________________________________________________________________
3. Address outside Nova Scotia: ___________________________________________
___________________________________________________________________
4. Name and address of agent resident in Nova Scotia (for non-resident licensees): ___
___________________________________________________________________
B. If a partnership or syndicate
1. Name _____________________________________________________________
2. A partnership/syndicate (please circle one)
3. Partners or syndicate members residing in Nova Scotia:
Name Address
_______________ ___________________________________________
_______________ ___________________________________________
_______________ ___________________________________________
_______________ ___________________________________________
_______________ ___________________________________________
_______________ ___________________________________________
_______________ ___________________________________________
_______________ ___________________________________________
4. Partners or syndicate members not residing in Nova Scotia:
Name Address
________________ ___________________________________________
________________ ___________________________________________
________________ ___________________________________________
________________ ___________________________________________
________________ ___________________________________________
________________ ___________________________________________
________________ ___________________________________________
5. Name and address of agent resident in Nova Scotia (for non-resident licensees):
_______________________________________________________________
6. Attach copy of the certificate of partnership or syndicate registration or other registration confirming corporate registration for Nova Scotia.
C. If a body corporate
1. Name: ___________________ Address: _____________________________
2. Name and address of President: _________________________________________
Name and address of Secretary: _________________________________________
Name and address of other officers and directors: ___________________________
___________________________________________________________________
3. Mode of incorporation: ________________________________________________
4. Date of incorporation: _________________________________________________
5. Attach a copy of the certificate of incorporation or registration.
6. Location of head office: ________________________________________________
7. Name and address of agent resident in Nova Scotia: _________________________
___________________________________________________________________
8. Principal office of the corporation in Nova Scotia: ___________________________
9. Other information as required by the Registrar: _____________________________
___________________________________________________________________
I certify the above information to be true and correct.
Dated _________________, ______
________________________ _________________________ ___________________
Signature (Please print name) Position or office
For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
________________________________________________________________
No. ______________
(pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 35)
This Exploration Licence is hereby granted to ________________________________ of ______________ in the Province of ______________________ to exercise the right to search and prospect for all minerals saving and excepting _________________________
_______________________________________________________________________, to
extract minerals for test purposes and to apply for a mineral lease for all or part of the area held under this exploration licence, for a period not exceeding 12 months from the date hereof, within that area of ground situated at or near _________________ in the County of _________________ as described as follows:
This Exploration Licence is granted subject to:
(a) the rights of the owner or tenant of the land covered by this Licence;
(b) the provisions of the Mineral Resources Act and regulations, and of any Act or regulations that amend or replace them; and
(c) any order of the Governor in Council made upon the report and recommendation of the Minister of Natural Resources in respect of any works or rights authorized by this Exploration Licence.
In witness whereof this Exploration Licence is duly executed in the name of the Registrar of Mineral and Petroleum Titles on __________________, ______ at Halifax in the County of Halifax.
Signed, sealed and delivered
in the presence of
__________________________ _____________________________________
Witness Registrar of Mineral and Petroleum Titles
________________________________________________________________
Certificate No. ________________
Form 9 - Certificate of Compliance
(pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 49)
This certificate is issued to _____________________________, holder of Exploration Licence No. ___________________ dated _________________, _______ to acknowledge that work requirements have been met and/or payment of fees in lieu thereof has been made.
Accordingly Licence No. ____________________ is issued for _____________ year(s) commencing 20___.
Work submitted $ ___________ Work required $ ______________
Credits available $ ___________ Credits remaining $ ______________
Total available $ ___________ Payment made in lieu of work $ ______________
Remarks
_____________________________________
Registrar
Date _____________________, ________
________________________________________________________________
Map ________________
Refs.________________
Form 10 - Statement of Assessment Work Expenditure
(pursuant to the Mineral Resources Act, S.N.S. 1990, c. 18, s. 43(1))
(Complete as necessary to substantiate the total claimed.)
Re: Licence No. ____________________ Date of issue _________________, ________
Type of Work |
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Amount Spent |
1. Prospecting |
days |
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2. Geological mapping |
days |
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3. Trenching/stripping/refilling |
m2 / m3 |
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4. Assaying & whole rock analysis |
# |
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5. Other laboratory |
# |
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6. Grid: |
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(a) Line cutting |
km |
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(b) Picket setting |
km |
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(c) Flagging |
km |
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7. Geophysical surveys Airborne: |
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(a) EM/VLF |
km |
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(b) Mag or Grad |
km |
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(c) Radiometric |
km |
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(d) Combination |
km |
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(e) Other _________________ |
km |
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8. Geophysical surveys Ground: |
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(a) EM/VLF |
km |
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(b) Seismic soundings |
# |
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(c) Magnetic/telluric |
km |
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(d) IP/resistivity |
km |
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(e) Gravity |
km |
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(f) Other ___________________ |
km |
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9. Geochemical surveys |
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(a) Lake, stream, spring |
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(i) Water |
samples |
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(ii) Sediments |
samples |
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(b) (i) Rock |
samples |
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(ii) Core |
samples |
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(iii) Chips |
samples |
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(c) (i) Soil |
samples |
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(ii) Overburden |
samples |
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(d) Gas |
samples |
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(e) Biogeochemistry |
samples |
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(f) Sample collection |
days |
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(g) Other ______________________ |
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10. Drilling: |
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(a) Diamond (# holes/m) |
/ m |
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(b) Percussion (# holes/m) |
/ m |
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(c) Rotary (# holes/m) |
/ m |
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(d) Auger (# holes/m) |
/ m |
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(e) Reverse circulation (# holes/m) |
/ m |
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(f) Logging, supervision, etc. |
/ days |
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(g) Sealing (# holes) |
/ |
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11. Other (describe) ____________________ |
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Subtotal |
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Overhead costs |
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12. Secretarial services |
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13. Drafting services |
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14. Office expenses (rent, heat, light, etc.) |
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15. Field supplies |
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16. Compensation paid to landowners |
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17. Legal fees |
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18. Other (describe) |
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Subtotal |
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Grand total |
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List the names of the persons who conducted the work reported in the previous table and the dates during which the work was performed.
Name |
Address |
Dates Worked |
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I hereby certify that the information in this form is true and correct, that it has not before been submitted for assessment work credit and that it is the total of all work conducted on the licence during the past licensed year.
As ____________________________ I am duly authorized to make this certification.
(position in company or licensee)
Dated at ______________ in the Province of _______________ on _______________, _____.
Name and address of licensee: ________________________________________________
_________________________________________________________________________
Signature ________________________________
For further information, contact the Registrar of Mineral and Petroleum Titles at 1-902-424-4068.
________________________________________________________________
Form 11 - Prospector’s Statement
(pursuant to the Mineral Resources Regulations, s. 41)
Re: Exploration Licence No. _______________ (if applicable)
Date first issued ____________________
Property location: ___________________________ County: _______________________
Have you filed a Prospector’s Statement regarding this property before?
( ) No ( ) Yes - provide dates (month/year): ______________________
(Note: only new information is acceptable for work credits.)
Claims |
Tract |
Claim Ref Map |
Claims |
Tract |
Claim Ref Map |
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