1998 Legislative Session: 3rd Session, 36th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 7th day of May, 1998
Ian D. Izard, Law Clerk


HONOURABLE DAN MILLER
MINISTER OF ENERGY AND MINES
AND MINISTER RESPONSIBLE FOR
NORTHERN DEVELOPMENT

BILL 12 -- 1998

MINING RIGHTS AMENDMENT ACT, 1998

Preamble

WHEREAS the mining industry is important to the socio-economic interests of British Columbia;

AND WHEREAS it is in the best interests of British Columbia that the mining industry be economically viable and globally competitive;

AND WHEREAS British Columbia mining companies and their employees are recognized in Canada and around the world for their mineral exploration, development and operational expertise, mineral process engineering and environmental management, reclamation and protection services;

AND WHEREAS the government encourages responsible exploration for, and development and operation of, mines in British Columbia;

AND WHEREAS the government is committed to a timely and efficient approval process for mining activities;

AND WHEREAS the government recognizes the rights of persons to obtain access to their mineral tenures and to carry out mining activities responsibly and in accordance with higher level plans under the Forest Practices Code of British Columbia Act and with the law outside legally designated protected areas, including the rights of persons to obtain access to their mineral tenures and to carry out mining activities responsibly in non-protected areas in which there are special management considerations developed under land use planning processes;

AND WHEREAS the government is committed to ensuring a productive and prosperous future for the mining industry and British Columbians who rely on the mining industry for employment, mineral products, public revenue and social and financial security;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Mineral Tenure Act

1 The Mineral Tenure Act, R.S.B.C. 1996, c. 292, is amended by adding the following:

Certainty of access to mineral titles

11.1 (1) In this section, "mining exploration" does not include the collection of a bulk sample of more than 1 000 tonnes of ore.

(2) A recorded holder of a mineral title or an owner of a Crown granted 2 post claim must be issued a special use permit under the Forest Practices Code of British Columbia Act, subject to any applicable higher level plan under that Act and to any terms and conditions set by the issuing authority, for the construction of appropriate access to the area of that mineral title or Crown granted 2 post claim for mining exploration, if the recorded holder or owner

(a) is the holder of a permit under the Mines Act for the mining exploration,

(b) applies for and receives the written approval of the Chief Inspector of Mines to the issuance under the Forest Practices Code of British Columbia Act of the special use permit, and

(c) applies under the Forest Practices Code of British Columbia Act for the special use permit.

(3) For the purpose of this section, the Chief Inspector of Mines, after considering practicable alternative means of access, may grant or refuse the written approval referred to in subsection (2).

Compensation

17.1 (1) If, after the coming into force of this section, the minister responsible for the administration of the Park Act expropriates under section 11 of the Park Act the rights of a recorded holder of a lease or claim or of an owner of a Crown granted 2 post claim, compensation is payable to the recorded holder or owner, as the case may be, in an amount equal to the value of the rights expropriated, to be determined under the regulations.

(2) If the minister responsible for the administration of this Act and the recorded holder or owner, as the case may be, do not agree as to the amount of compensation that is payable under subsection (1), the minister or the recorded holder or owner may require the dispute to be settled by a single arbitrator who has the prescribed qualifications and is to be appointed by the minister.

(3) The award of the single arbitrator appointed by the minister responsible for the administration of this Act is binding on the parties to the arbitration.

(4) Despite subsection (1), no compensation is payable under this section to the recorded holder of a claim if the minister believes on reasonable grounds that the claim was acquired or is being held

(a) for other than a mining activity, or

(b) mainly in the expectation of receiving compensation or other consideration if the area, under the Park Act, is acquired or expropriated.

2 Section 65 (2) is amended by adding the following:

(d.1) for the purposes of section 17.1,

(i) determining value and defining the components that comprise value,

(ii) methods of evaluation for use in determining value, that may differ according to different components of value,

(iii) factors to be taken into account in an evaluation,

(iv) defining the role of evaluators in a determination of value and prescribing qualifications for evaluators that are prerequisite to their participation in the determination of value, and

(v) prescribing the qualifications for a single arbitrator referred to in section 17.1; .

Mines Act

3 Section 38 (2) of the Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following:

(a.1) respecting applications for, and the issuance of, permits and approvals, including but not limited to prescribing time limits within which specified steps in the application process must be taken; .

 

Consequential Amendments

Coal Act

4 The Coal Act, R.S.B.C. 1996, c. 51, is amended

(a) by adding the following sections:

Compensation

7.1 (1) If, after the coming into force of this section, the minister responsible for the administration of the Park Act expropriates under section 11 of the Park Act the rights of the licensee under a licence or of the lessee under a lease, compensation is payable to the licensee or lessee, as the case may be, in an amount equal to the value of the rights expropriated, to be determined under the regulations.

(2) If the minister responsible for the administration of this Act and the licensee or lessee, as the case may be, do not agree as to the amount of compensation that is payable under subsection (1), the minister or the licensee or lessee may require the dispute to be settled by a single arbitrator who has the prescribed qualifications and is to be appointed by the minister.

(3) The award of the single arbitrator appointed by the minister responsible for the administration of this Act is binding on the parties to the arbitration.

Certainty of access

12.1 (1) A licensee must be issued a special use permit under the Forest Practices Code of British Columbia Act, subject to any applicable higher level plan under that Act and to any terms and conditions set by the issuing authority, for the construction of appropriate access to the area of that licence for mining exploration, if the licensee

(a) is the holder of a permit under the Mines Act for the mining exploration,

(b) applies for and receives the written approval of the Chief Inspector of Mines to the issuance under the Forest Practices Code of British Columbia Act of the special use permit, and

(c) applies under the Forest Practices Code of British Columbia Act for the special use permit.

(2) For the purpose of this section the Chief Inspector of Mines, after considering practicable alternative means of access, may grant or refuse the written approval referred to in subsection (1). , and

(b) in section 29 (2) by adding the following:

(e.1) for the purposes of section 7.1,

(i) determining value and defining the components that comprise value,

(ii) methods of evaluation for use in determining value, that may differ according to different components of value,

(iii) factors to be taken into account in an evaluation,

(iv) defining the role of evaluators in a determination of value and prescribing qualifications for evaluators that are prerequisite to their participation in the determination of value, and

(v) prescribing the qualifications for a single arbitrator referred to in section 7.1; .

Expropriation Act

5 Section 2 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended by adding the following:

(3.1) After the coming into force of this subsection, this Act does not apply to an expropriation under section 11 (2) of the Park Act of an interest in land in the form of

(a) rights under a lease, as defined in the Mineral Tenure Act, of the recorded holder of the lease,

(b) rights under a lease, as defined in the Coal Act, of the lessee, or

(c) rights under a Crown granted 2 post claim of its owner.

Park Act

6 Section 11 of the Park Act, R.S.B.C. 1996, c. 344, is amended

(a) in subsection (2) by repealing paragraphs (a) and (b) and substituting the following paragraphs:

(a) land,

(b) rights under a lease, as defined in the Mineral Tenure Act, of the recorded holder of the lease,

(c) rights under a claim, as defined in the Mineral Tenure Act, of the recorded holder of the claim,

(d) rights under a Crown granted 2 post claim of its owner, as defined in the Mineral Tenure Act,

(e) rights under a lease, as defined in the Coal Act, of the lessee under the lease, or

(f) rights under a licence, as defined in the Coal Act, of the licensee. , and

(b) by repealing subsection (3) and substituting the following:

(3) In subsection (2), "Crown granted 2 post claim" has the same meaning as in the Mineral Tenure Act.

Commencement

7 This Act comes into force by regulation of the Lieutenant Governor in Council.


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