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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. 2008-176 (March 31, 2008, effective April 1, 2008), N.S. Reg. 182/2008
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 |