Coal Regulations
Regulation- Registration
- R-013-2014
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Northwest Territories Lands Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- None.
The Commissioner in Executive Council, under section 19 of the Northwest Territoires Lands Act and every enabling power, makes the Coal Regulations.
INTERPRETATION
In these regulations,
"Chief" means the Chief appointed under section 3; (chef)
"land agent" means a land agent as defined in the Northwest Territories Lands Regulations; (agent des terres)
"lessee" means the holder of a lease of a location for coal mining purposes; (concessionnaire)
"licence" means a licence issued by the Chief to explore for coal on territorial lands; (permis d’exploration)
"licensee" means the holder of a licence to explore for coal on territorial lands; (détenteur de permis d’exploration)
"location" means a tract of land containing coal, or believed to contain coal, located or staked in accordance with these regulations; (emplacement)
"mineral claim staking sheet" means
(a) with respect to lands between 60E and 68E north latitude, a map of an area bounded on the north and south by a line drawn at 15-minute intervals of latitude and on the east and west by a line drawn at 30-minute intervals of longitude, or
(b) with respect to lands north of 68E north latitude, a map of an area bounded on the north and south by a line drawn at 15-minute intervals of latitude and on the east and west by a line drawn at one degree intervals of longitude; (feuille de jalonnement de claims)
"permittee" means the holder of a permit issued under these regulations; (titulaire de permis) "recorder" means the Mining Recorder as defined in the Mining Regulations; (registraire)
"year" means a period of 12 consecutive months. (année)
APPLICATION
These regulations apply only in respect of lands that become territorial lands on or after the date the Act comes into force.
3.The Minister shall appoint a member of the public service as the Chief.
ADMINISTRATION
GENERAL
(1) Subject to subsection (2), no person shall mine coal on territorial lands except under the authority of these regulations.
(2) Nothing in these regulations prejudices a right or interest acquired before December 16, 1954, unless the intention to do so is expressly stated.
(1) Subject to subsection (2), a person 18 years of age or over, on his or her own behalf or on behalf of any other person or persons, is entitled to stake a location for the mining of coal on territorial lands.
(2) The following lands are not available for staking:
(a) land used as a cemetery;
(b) land within the limits of an unincorporated community, a municipality or a development area under the Area Development Act;
(c) land reserved for an Indian Reserve, a national park or game sanctuary or for a military or other public purpose;
(d) land reserved under the Dominion Water Power Act (Canada);
(e) land lawfully occupied for mining purposes.
(1) If the surface rights of any land are owned or lawfully occupied by another, no person shall stake a location until the person has deposited with the recorder,
(a) the consent of the owner or the occupant of the surface rights; or
(b) security in an amount that in the opinion of the recorder is adequate for any loss or damage that may result from staking the land, in money or another form satisfactory to the recorder.
(2) A person staking a location under subsection (1) shall compensate the owner or lawful occupant of the surface rights for any loss or damage caused by the staking.
STAKING LOCATION
(1) A person who wishes to obtain a lease or a permit of a location under these regulations shall stake the location as nearly as possible in the form of a rectangle of which the length must not exceed four times the width.
(2) The area of a location must not exceed 640 acres if the person staking the location intends to apply for a lease, or one acre if the person staking the location intends to apply for a permit.
(1) A location must be marked on the ground at each of its four corners by
(a) a post that is
(i) of sound timber, firmly placed in or on the ground, or a stump of a tree left rooted in the ground in an upright position extending not less than four feet above the ground,
(ii) squared or faced at least 18 inches from the top, with each side measuring at least three inches across its face, and
(iii) mounded with a stone mound constructed by the person staking and consisting of not less than four stones, or with an earth mound that is conical in shape and not less than two feet in diameter at the base and one foot high; or
(b) a metal tube that is
(i) not less than four inches in length and 1/2 inch in diameter,
(ii) closed at both ends, and
(iii) placed in the centre of a mound of stone constructed by the person staking and consisting of not less than four stones, or in the centre of a mound of earth that is conical in shape and not less than three feet in diameter at the base and two feet high.
(2) The post or metal tube at the northeast corner must be numbered one, at the southeast corner, two, at the southwest corner, three, and at the northwest corner, four.
(3) A person staking a location shall write on each post, or on waterproof paper or fabric that is inserted in each metal tube, the number of the post or metal tube, the name of the person on whose behalf the location is staked, the date and time of the staking, and
(a) if it is intended to apply for a lease, the letters "CML"; or
(b) if it is intended to apply for a permit, the letters "CMP".
(1) Before applying for a lease or a permit, a person who stakes a location shall mark the boundaries of the location so that each boundary can be definitely recognized throughout its entire length.
(2) In timbered areas, the boundaries must be marked at intervals not exceeding 100 feet by placing on trees adjoining each boundary three blazes, one blaze on the side of a tree facing the boundary and one blaze on each of the two sides of the tree in the direction of the boundary, and if necessary the underbrush along the boundary must be cleared.
(3) In non-timbered areas the boundaries must be marked by clearing brush where necessary and by erecting stone cairns constructed by the person staking consisting of not less than four stones, or mounds of earth, and the cairns or mounds must be conical in shape and not less than two feet in diameter at the base and not less than one foot high.
(1) An application for a lease or permit must be made,
(a) if the location is situated within a distance of 10 miles in a straight line from the nearest corner of the location to the office of the recorder to which the application is made, within 15 days after the staking; or
(b) if the location is situated more than 10 miles in a straight line from the location to the office of the recorder to which the application is made, within a period of 15 days after the staking plus one day for each 10 miles or fraction of 10 miles beyond the first 10 miles.
(2) An application made after the period fixed by subsection (1) must not be considered.
In the case of a dispute as to the time of staking a location, entitlement must be recognized according to the priority of the placing of the post or tube at the northeast corner of the location, subject to any questions as to the validity of the record and compliance by the applicant with these regulations.
APPLICATION FOR LEASE
(1) A person may apply for a lease by filing with the recorder an application in Form 1 of Schedule B.
(2) An application for a lease must be accompanied by
(a) a fee of $5;
(b) a sketch of the location; and
(c) the rent for the first year of the lease.
On receipt of an application for a licence, the recorder may cause the location to be inspected and if satisfied that the application is in order shall forward the application to the Chief.
(1) The Minister may issue a lease of a location for a term of 21 years at an annual rent of $1 per acre payable yearly in advance.
(2) A lease is renewable for a term of 21 years if the lessee provides evidence satisfactory to the Minister that during the term of the lease the lessee has complied with the conditions of the lease, and may be renewed for additional terms of 21 years subject to the regulations at that time in force.
In addition to the annual rent, a lessee shall pay annually a royalty at the rate of $0.10 per ton on merchantable coal mined on lands acquired by lease under these regulations.
A lessee shall not assign, transfer or sublet the rights granted by his or her lease or any part of the rights without the written consent of the Minister.
A lessee shall not mine or excavate within 60 feet from a boundary line of the location leased to him or her.
(1) A lessee is entitled to the coal on or in the land included in his or her lease, and has the right to enter on and use and occupy the surface of the location or the portion of the location and to the extent that the Minister considers necessary for efficient coal mining operations, but for no other purpose.
(2) A lessee shall compensate the owner or lawful occupant of the surface rights for any loss or damage caused by the coal mining operations of the lessee.
Within one month following the last day of each year of the term of a lease, a lessee shall submit to the recorder a sworn statement showing the amount of coal extracted and removed during the year from the location under lease, and pay the accrued royalties to the recorder.
(1) A lessee shall begin active operations on his or her leasehold within one year after receiving notice from the Minister to begin operations and produce from the operations the quantity of coal specified in the notification.
(2) A notice referred to in subsection (1) must not be given until one year has passed from the beginning of the lease and must set out the quantity of coal that the lessee is required to mine and produce at the pit’s mouth ready for shipment, which quantity may be increased from time to time on 30 days notice to the lessee, but the maximum quantity required to be mined must not exceed 10 tons per annum for each acre leased.
(3) The Minister may, in his or her discretion, cancel a lease if operations have not begun within the time specified in a notice referred to in subsection (1) or the required quantity of coal is not mined during each year.
A person who has been granted a lease for a location and who has paid all amounts due to the Government of the Northwest Territories in respect of the area under lease including amounts due for rent or royalty,
(a) to the date of consent to the assignment by the Minister under section 16, may assign the lease; or
(b) to the date the Minister is notified in writing of the proposed abandonment, may abandon the lease.
(1) If a lessee holds a lease of a location acquired by assignment or otherwise under these regulations on land situated more than 10 miles from a railway when the lease had been issued, and the lessee can show that he or she has expended in actual prospecting and developing operations on the location by recognized methods during any year, before the establishment of railway communication with the location, an amount equal to or greater than the prescribed yearly rent for the location, the Minister, on receiving satisfactory proof that the expenditure had been incurred for the purpose and in the manner specified, may waive payment of the rent for the year during which the expenditure had been incurred, or if the rent had been already paid, the Minister may apply the payment or the portion of the payment that the Minister considers reasonable on account of future payments of the rent of the location, but an expenditure must not be accepted as rent for a total of more than five years during the term of a lease.
(2) If a lessee holds leases on two or more adjoining locations, an amount expended on actual prospecting and developing operations on one or more of the locations, not otherwise applied in respect of rent, may, with the approval of the Minister, be applied against rent due on another of the locations, as if the operations had been performed on the other location.
APPLICATION FOR PERMIT
(1) A person may apply for a permit by filing with the recorder an application in Form 2 of Schedule B.
(2) Subject to section 24, an application for a permit must be accompanied by
(a) a fee of $1;
(b) a payment of estimated royalty on the quantity of coal to be mined under the permit; and
(c) a sketch of the location.
(1) The recorder shall issue a permit in Form 3 of Schedule B to an applicant if satisfied that the applicant has complied with the regulations respecting staking of the location and that the permit should be issued.
(2) A permit issued to
(a) the Government of Canada,
(b) the Government of the Northwest Territories,
(c) an unincorporated community, a municipality or a development area under the Area Development Act, or
(d) an educational, religious or charitable institution,
must be issued free of charge and must authorize the applicant to mine a quantity of coal not exceeding 100 tons of 2,000 pounds each for the applicant’s own use, without payment of any royalty.
Subject to these regulations, a permittee is entitled to
(a) enter on the surface of the location covered by his or her permit, or any portion of the location and to any extent that the Minister considers necessary for efficient coal mining and for no other purpose; and
(b) mine the quantity of coal set out in his or her permit subject to payment of a royalty on the merchantable output of the mine of $0.25 per ton of 2,000 pounds or any other royalty fixed from time to time by the Minister with the approval of the Commissioner in Executive Council.
(1) A permit expires on March 31 next following the date of issue, and within one month after the expiry, the permittee shall provide the recorder with a statement, in Form 4 of Schedule B, of the amount of coal taken under the permit.
(2) If the amount of coal taken under a permit is less than the amount authorized by the permit, any excess royalty must be refunded to the permittee.
A permittee who wishes to obtain a further permit covering the same location for the ensuing year may, before the expiry of his or her current permit, apply to the recorder for a further permit, and the recorder may, if satisfied that the permittee has complied with these regulations and with his or her current permit, and on receipt of the required fee and estimated royalty, if any, issue a further permit without requiring the permittee to restake the location.
(1) A land agent or a member of the local detachment of the Royal Canadian Mounted Police may, if it appears that the operations of a permittee are being carried on in an unsafe or improper manner, direct that the operations be suspended without delay until the agent or member is satisfied that the operations can be carried on in a satisfactory manner.
(2) A suspension made under subsection (1) must be reported immediately to the Chief.
No person shall apply for or hold, at one time, more than one location under permit.
The boundaries beneath the surface of a location are the vertical planes or lines in which their surface boundaries lie.
A recorder or a person designated by the recorder may enter on any land under lease or permit or the workings on the land, examine all records and books of account of the lessee or operator of the location, and make any other examinations that he or she considers necessary.
A lease or permit may be cancelled if a default is made in the payment of a royalty or in providing statements or returns required by these regulations and the default continues for 30 days after a notice demanding payment is posted at the mine or conspicuously on the property in respect of which payment is demanded, or sent to the lessee or the permittee by registered mail to his or her last recorded address.
The Minister may cancel a lease or permit if he or she is of the opinion that the lessee or permittee has defrauded or attempted to defraud the the Commissioner by withholding a royalty or a part of a royalty or has made false statements in any return or statement provided by the lessee or permittee.
INDIANS AND INUIT
In an isolated area, an Indian or an Inuk who applies for permission to mine small quantities of coal may be granted the permission by a land agent or a member of the local detachment of the Royal Canadian Mounted Police, free of charge, without being required to apply under any other provision of these regulations.
EXPLORATION LICENCE
The Chief may, on receipt of an application in Form 5 of Schedule B, issue a licence in Form 6 of Schedule B, to explore for coal on territorial lands other than those referred to in subsection 5(2).
The area of land in respect of which a licence is issued must be equal to one-quarter of the area of the land shown on a mineral claim staking sheet and be described by reference to the geographical position of the quarter of the sheet.
An application for a licence must be accompanied by
(a) a description of the land;
(b) a fee of $10; and
(c) a deposit in the amount required by subsection 39(1) to secure expenditures on exploration during the first year the licence is in force.
Unless terminated earlier, a licence is in force for three years beginning on the day of the application.
(1) Subject to subsection (4), before the beginning of each year in which a licence is in force, the licensee shall deposit with the Chief for each acre of land in respect of which the licence is issued
(a) $0.05 in respect of the first year;
(b) $0.10 in respect of the second year; and
(c) $0.20 in respect of the third year.
(2) The deposit referred to in subsection (1) may be made in cash by an approved note or in bonds guaranteed by the Government of Canada, the Government of the Northwest Territories or the government of a province or another territory.
(3) Subject to subsections (4) and (5), during each year in respect of which a deposit is made under subsection (1), a licensee shall spend on exploration for coal on the land for which his or her licence is issued the amount of money deposited in respect of that year with the Chief.
(4) If in any year a licensee spends more money on exploration than that required by subsection (3), the amount by which the expenditures exceed the required expenditures is considered to have been spent in the subsequent year, and the deposit required by subsection (1) for the subsequent year is decreased by that amount.
(5) If in any year a licensee spends less money on exploration than that required by subsection (3), the Chief may, for sufficient reasons and on receipt of an application not later than the date on which the deposit referred to in subsection (1) is payable, permit the licensee to spend during the subsequent year the amount by which the required expenditures exceed the actual expenditures.
(6) In this section, "approved note" means a promissory note payable on demand that a chartered bank has agreed, in terms acceptable to the Chief, to honour on presentment for payment.
(7) Notwithstanding anything in these regulations, if a licensee through circumstances beyond the licensee’s control is prevented from, or delayed in, spending money on exploration as required by subsection (3), the Chief, or a person designated by the Chief, shall extend the period within which the money may be spent and the term of the licence, and make any further extensions necessary to enable the licensee to spend the money on exploration for coal on the land for which the licence is issued.
(8) If a person is issued a new licence under section 35 following the expiry of a licence issued to that person under that section for the same area of land described in the new licence,
(a) any amount of money expended on exploration for coal on the land for which the former licence had been issued during the currency of the former licence that exceeded, at the time the former licence expired, the expenditure required by subsection (3) in respect of the land is considered to have been spent in the first year in which the new licence is in force, and the deposit required by subsection (1) for the first year is decreased by that amount; and
(b) if the person has, during the currency of the former licence, spent less money on exploration than the amount required to be spent by subsection (3), the person may, notwithstanding section 44, on submission to the Chief not later than the date on which the deposit referred to in subsection (1) is payable of
(i) an application,
(ii) the deposit referred to in subsection (1), and
(iii) a deposit equal to the amount by which the exploration expenditures required under the former licence exceed the actual expenditures under that licence, spend the amount referred to in subparagraph (iii), in addition to the amount required to be spent by subsection (3), during the first year in which the new licence is in force.
Within 90 days after the end of each year in which a licence is in force, the licensee shall submit to the Chief, in triplicate and in a form satisfactory to the Chief,
(a) a statement of expenditures made for exploration,
(b) a report on all exploration,
(c) geological, geochemical or geophysical reports,
(d) maps, and
(e) assay reports,
in respect of the land for which the licence is issued.
At the end of any year during the term of a licence, a licensee may, on application to the Chief, relinquish his or her rights under the licence in respect of a portion or all of the land for which he or she holds a licence.
An application to relinquish rights under a licence must be made in a form satisfactory to the Chief and be accompanied by a sketch and a description of
(a) the lands or the portion of the lands that the licensee wishes to relinquish, and
(b) the portion of the lands, if any, that the licensee wishes to retain,
in the form that the Chief requires.
(1) Subject to subsection (2), if in a year the amount of money spent by a licensee on exploration for coal in respect of land for which his or her licence is issued is equal to or greater than the amount required by subsection 39(3), on receipt of the statement of expenditures referred to in section 40, the Chief shall return the deposit required by subsection 39(1) to the licensee.
(2) If under subsection 39(5) the Chief has permitted a licensee to spend money on exploration work in a year applicable to the prior year of the term of the licence, the Chief shall, on receipt of the statement of expenditures referred to in section 40, return to the licensee the portion of the deposit or deposits required by subsection 39(1) that corresponds to the amount of money spent by the licensee on exploration work on the land for which the licence is issued and the balance of the deposit or deposits, if any, are forfeited to the Government of the Northwest Territories.
Subject to subsections 39(4) and (5), if a licensee does not spend in each year on exploration for coal on land for which his or her licence is issued the amount of money referred to in subsection 39(3), only the portion of the deposit that corresponds to the amount of money spent on exploration by the licensee on the land must be returned by the Chief and the balance of the deposit, if any, is forfeited to the Government of the Northwest Territories.
At the end of any year during the term of a licence and not later than 90 days after the expiry of a licence, a licensee may apply to the recorder for a lease under section 12 or a permit under section 23.
No person other than the licensee may obtain a permit or lease in respect of lands for which a licence is issued until 90 days have passed after the expiry of the licence, unless the licensee has relinquished his or her licence in respect of the lands under section 41.
These regulations come into force April 1, 2014.
SCHEDULE
FEES
Description
Application for lease or renewal
Annual rent per acre under lease
Registration of assignment of lease
Application for permit
ANNEXE
DROITS
Description
Demande de concession ou de renouvellement
Redevance fixe annuelle par acre concédé
Enregistrement de cession d’une concession
Demande de permis
SCHEDULE B
FORMS
FORM 1
COAL REGULATIONS
APPLICATION FOR LEASE
Mining District
1. I, _________________________________________ , ____________________________________________ , (name of applicant) (occupation or position)
of _____________________________________________________________________________ ,do solemnly declare: (address)
2. That I did on the __________ day of ____________ , 20____ stake in accordance with these regulations, a coal mining location, described as follows: (State exact position of area, in relation to a prominent topographical feature or other known point) with dimensions ______ feet by ______ feet, containing ______ acres, more or less.
______________________________________________________________________________________________
______________________________________________________________________________________________
3. Attached is a sketch showing the location.
4. To the best of my information and belief, the location applied for is situated on land that is
_______________________________________________________________________________________________ (unoccupied, or state occupancy)
5. To the best of my information and belief, the location applied for is not already included in an existing coal lease and is not being used by any person as a source of coal, except as follows:
______________________________________________________________________________________________
(If none, so state) and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.
Declared before me at
(place) (signature of applicant)
(month/day/year)
(a Notary Public, or a person duly authorized to take statutory declarations)
FORM 2
COAL REGULATIONS APPLICATION FOR PERMIT
Mining District
1. I _________________________________________ , of ____________________________________________ , (name of applicant) (city or town)
_____________________________________________ , apply for a permit on my own behalf (occupation or position)
(or on behalf of ________________________________________ ) to authorize extraction or removal of tons of coal,
from the following area: __________________________________________________________________________ (set out as accurately as possible position of area in relation to prominent topographical feature or other known point)
during the period from _________________________ to March 31, 20 ____________________________________ (Date of Application)
2. Attached is a sketch of the area.
3. To the best of my information and belief the area is _________________________________________________
Fee and Royalty (if applicable) calculated as follows:
Permit Fee
Royalty ________ tons at $0.25 per ton
Total
are tendered with this application.
Dated at:
(place)
(month/day/year)
(signature)
3. Au mieux de ma connaissance et croyance, l’étendue est
Le droit et la redevance proportionnelle (s’il en est) calculés
Droit de permis
Redevance proportionnelle tonnes à 0,25 $ par tonne
Total
sont inclus à cette demande.
Daté à :
(Lieu)
(Jour/mois/année)
(Signature)
FORM 3
Mining District
Respecting the application dated ________________________________ , 20 ______ made under the Coal Regulations,
____________________________________________________ is authorized to extract or remove _______________ (name of Permittee)
tons of coal from _______________________________________________________________________________ (state location of area)
for the applicant’s own use and not for sale to others.
Applicable fee and royalty (if any) are calculated as follow:
Permit Fee $ 1
Royalty ___________ tons at $ $0.25 per ton
Total $
Receipt of the sum of $ _____________________________________________________________ is acknowledged.
This permit is issued subject to the following terms and conditions:
1. That this permit expires on March 31, 20_______ .
2. That within one month after the expiry of this permit the affidavit on the reverse must be completed and returned to the undersigned.
3. That the coal mining operations of the permittee will be carried out in a safe and proper manner, having regard to the rights of other permittees, if any, and the general public.
4. That this permit cannot be assigned.
5. That the right to extract and remove coal may be suspended for any reason be carried on in a safe and proper manner.
Issued at:
__________________________________________ (place)
___________________________________________ (month/day/year)
___________________________________________ (Issuing Officer)
4. Le présent permis ne peut être cédé.
5. Le droit d’extraire et d’enlever de la houille peut être suspendu peuvent, pour une raison quelconque, être exécutés d’une
Émis à :
___________________________________________ (Lieu)
___________________________________________ (Jour/mois/année)
___________________________________________ (Fonctionnaire émetteur)
FORM
I, _____________________________________________, (name)
of _____________________________________________, (city or town)
1. That I am __________________________________________________________________________________ (the permittee or agent of the
named in the within permit and that the quantity of coal that
under this permit is ____________________________________
Sworn before me at:
___________________________________________ (place)
___________________________________________ (month/day/year)
___________________________________________ (Commissioner for Oaths)
FORM 5
COAL REGULATIONS APPLICATION FOR EXPLORATION LICENCE
Mining District in the Northwest Territories
I, _______________________________________, ________________________________________________ (name) (occupation or position)
of ______________________________________________________________ apply for a licence on my behalf or (address)
on behalf of _________________________________________to explore for coal on the following lands described as:
________________________________________________________________________________________________ (indicate by (x) which quarter(s) applied for)
NW Quarter
SW Quarter No. of mineral claim staking sheet(s):_____________ SE Quarter
NE Quarter
Attached is a sketch of the area.
To the best of my information and belief the area is ___________________________________________________ (unoccupied or state occupancy)
Fee and Deposit calculated as follows:
Licence Fee ................... $ 10
Deposit ...................... acres $0.25 per acre being the requirements for the first year expenditure are tendered with this application
Dated:
___________________________________________ (month/day/year)
____________________________________________ (signature)
FORM 6
Licence No.: __________________
COAL REGULATIONS EXPLORATION LICENCE
Respecting the application dated ______________________ 20 _____ made under section 35 of the Coal Regulations
_________________________________________________________________________________________________ (name of licensee)
is authorized to explore for coal on the _______________________________________________________ Quarter(s)
of the area of land shown on mineral claim staking sheet No. ___________ containing approximately acres of land, for
a period of three years beginning on ________________________ the _____ day of ________________ 20 ________
subject to the Coal Regulations.
____________________________________________ Chief