BILL C-120 (First Reading)

	1st Session, 35th Parliament, 42-43-44 Elizabeth II, 1994-95
	The House of Commons of Canada
	BILL C-120
	An Act to amend the Yukon Quartz Mining Act and the Yukon Placer Mining Act
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. Y-4; 1991, cc. 2, 24; 1994, cc. 26, 43	YUKON QUARTZ MINING ACT
	*1. The Yukon Quartz Mining Act* is amended by adding the following after section 1:**
	INTERPRETATION
Definitions	1.1 In this Act,
``Department' ' « ministère »	``Department'' means the Department of Indian Affairs and Northern Development;
``mineral'' « minéral »	``mineral'' means all deposits of gold, silver, platinum, iridium or any of the platinum group of metals, mercury, lead, copper, iron, tin, zinc, nickel, aluminum, antimony, arsenic, barium, bismuth, boron, bromide, cadmium, chromium, cobalt, iodine, magnesium, molybdenum, manganese, phosphorus, plumbago, potassium, sodium, strontium, sulphur or any combination of those elements with themselves or with any other elements, quartz, metallic oxides and silicates, and the ores of radium, tungsten, titanium and zirconium, asbestos, emery, mica, mineral pigments, corundum and diamonds, but does not include limestone, marble, clay, gypsum or any building stone when mined for building purposes, earth, ash, marl, gravel, sand or any element that may, in the opinion of the Minister, form a portion of the agricultural surface of the land;
``Minister'' « ministre »	``Minister'' means the Minister of Indian Affairs and Northern Development;
``Territory'' « Territoire »	``Territory'' means the Yukon Territory.
	PART I
	DISPOSITION OF CROWN MINERAL RIGHTS
	2. (1) The definitions ``Department'', ``mineral'', ``Minister'' and ``Territory'' in subsection 2(1) of the Act are repealed.
	(2) Section 2 of the Act is amended by adding the following after subsection (3):
Part I is subject to Part II	(4) This Part shall be construed as being subject to Part II and the regulations made thereunder, to the extent that the provisions of Part II and of the regulations made thereunder apply in respect of the lands in question.
	3. (1) Paragraph 54(1)(a) of the Act is replaced by the following:
	(a) do, or cause to be done, work on the claim to the value of one hundred dollars, in accordance with a schedule to be prepared by the Commissioner;
	(2) Subsection 54(4) of the Act is repealed.
	4. Section 55 of the Act is replaced by the following:
Moratorium on annual representation work	55. (1) The Minister may, where, owing to the market price of metals and other general conditions over which an owner of a mineral claim exercises no control, the margin of profit that might reasonably be derived from the efficient and economical operation of that claim has, in the opinion of the Minister, been practically eliminated, or for any other reason that to the Minister may appear to be sufficient, grant such relief with respect to the annual representation work or payment in lieu thereof as may be necessary under the circumstances, subject to subsection (3).
Moratorium on annual representation work	(2) If the mining recorder is satisfied, on written application by an owner of a mineral claim, that the owner will be or has been unable to do the annual representation work owing to a restriction or requirement imposed by Part II or by any other Act of Parliament or of the Territory, the mining recorder shall grant such relief with respect to the annual representation work or payment in lieu thereof as may be necessary under the circumstances, subject to subsection (4).
Limitation	(3) Relief granted under subsection (1) is subject to any conflicting right acquired by another person under this Part before the relief was granted.
Limitation	(4) Relief granted under subsection (2) is subject to any conflicting right acquired by another person under this Part before the application for relief was filed with the mining recorder.
	5. (1) Subsection 100(4) of the Act is replaced by the following:
Profits ascertained	(4) In order to ascertain and fix the annual profits of a mine, the gross receipts from the year's output of the mine, or in case the ore, mineral or mineral-bearing substance, or any part thereof, is not sold but is treated by or for the owner, holder, tenant, lessee, occupier or operator of the mine, on the premises or elsewhere, the actual market value of the output at the pit's mouth, or if there is no means of ascertaining the market value or if there is no established market price or value, its value as appraised by a person to be named by the Minister, shall be ascertained, taking into account any regulations made under subparagraph 153(p)(ii), and from the amount so ascertained the expenses, payments, allowances or deductions described in subsection (5) and provided for by any regulations made under subparagraph 153(p)(i), and no other, shall be deducted and made.
	(2) Subsection 100(7) of the Act is replaced by the following:
Based on preceding year	(7) For the purposes of this section, unless a contrary intention appears in this Part or in any regulations made under paragraph 153(p), the operations, business, matters and things carried on, occurring or existing during the preceding calendar year shall be taken as fixing, assessing and ascertaining the royalty payable thereunder, but the royalty payable shall nevertheless be deemed to be a royalty for the calendar year in which it is payable.
1994, c. 43, s. 101	6. Section 109 of the Act and the heading before it are repealed.
	7. Section 127 of the Act is replaced by the following:
Application of section 126	127. Section 126 ceases to have any force or effect within a water management area on the establishment of such area by the Governor in Council pursuant to subparagraph 33(1)(a)(i) of the Yukon Waters Act.
	8. The Act is amended by adding the following after section 132:
	PART II
	LAND USE AND RECLAMATION
	Interpretation
Definitions	133. (1) In this Part,
``Chief'' « directeur »	``Chief'' means the Chief of Mining Land Use designated under subsection 148(1);
``Class II Notification'' « avis de type II »	``Class II Notification'' means a written notice of a planned Class II exploration program, given to the Chief under paragraph 136(2)(a) or 137(1)(a);
``development '' « développem ent »	``development'' means the construction of a facility or work for the production of minerals, but excludes the construction of a facility or work for the sole or principal purpose of assessing land for its suitability for the production of minerals;
``exploration program'' « programme d'exploration »	``exploration program'' means any activity or group of activities undertaken for the sole or principal purpose of assessing land for its suitability for the production of minerals;
``inspector'' « inspecteur »	``inspector'' means an inspector designated under subsection 148(1);
``licence'' « permis »	``licence'' means a licence issued under section 139 authorizing development or production, or both, and requiring reclamation of the site of the development or production;
``operating plan'' « plan d'exploitation »	``operating plan'' means an operating plan required by subsection 136(3) or (4);
``operator'' « exploitant »	``operator'' means a person who engages in an exploration program, or in development or production;
``production'' « production »	``production'' means taking a mineral from the land, or treating a mineral that has been taken from the land, if done for commercial purposes, but excludes an exploration program.
Application of Part	(2) This Part, any provision of this Part, the regulations made under section 153, and any provision of those regulations, apply in respect of lands or categories of lands, situated within the Territory, only to the extent that the regulations made under paragraph 153(a) so provide.
Categories of lands	(3) Without limiting the generality of paragraph 153(a), regulations made under that paragraph may describe a category of lands by reference to activities taking place, or not taking place, on those lands, either generally or before, at or after a specified time.
Other Acts, etc., to be complied with	(4) For greater certainty, nothing in this Part, the regulations made thereunder, an approved operating plan or a licence authorizes a person to contravene any other Act or any regulation or order made thereunder, except as provided in that other Act, regulation or order.
Transfer of functions	(5) The Minister may, by written designation, transfer any function of the Minister or the Chief under this Part to any person or body named in the designation, subject to any terms and conditions specified in the designation, and a person or body so designated may perform that function in accordance with the designation.
	Purpose of Part
Purpose of Part	134. The purpose of this Part is to ensure the development and viability of a sustainable, competitive and healthy quartz mining industry that operates in a manner that upholds the essential socio-economic and environmental values of the Territory.
	Exploration Programs
Classes of exploration programs	135. (1) For the purposes of this Part, there are Class I exploration programs, Class II exploration programs, Class III exploration programs and Class IV exploration programs, in accordance with the criteria prescribed by the regulations made under paragraph 153(c).
Special case	(2) Notwithstanding the definitions ``exploration program'', ``development'' and ``production'' in subsection 133(1), a development or production activity that does not involve the disturbance of more than ten thousand tonnes in total of earth, soil and rock in any one year may
	(a) if it is to be done in combination with an exploration program, be approved as part of that exploration program, or
	(b) if it is not to be done in combination with an exploration program, be approved as an exploration program,
	such approval to be of or as a Class III or Class IV exploration program, in accordance with the regulations made under paragraph 153(c).
Class I	136. (1) No person shall engage in a Class I exploration program except in accordance with the operating conditions prescribed under paragraph 153(b).
Class II	(2) No person shall engage in a Class II exploration program except
	(a) after giving a Class II Notification to the Chief in accordance with the regulations made under paragraph 153(d);
	(b) subject to section 137 and the regulations made under paragraph 153(e); and
	(c) subject to any contrary provision in the Class II Notification, in accordance with the operating conditions prescribed under paragraph 153(b).
Class III	(3) No person shall engage in a Class III exploration program except
	(a) in accordance with an operating plan approved by the Chief on written application by that person; and
	(b) subject to any contrary provision in the operating plan, in accordance with the operating conditions prescribed under paragraph 153(b).
Class IV	(4) No person shall engage in a Class IV exploration program except
	(a) in accordance with an operating plan approved by the Chief, on written application by that person, after paragraphs (c) and (d) have been complied with;
	(b) subject to any contrary provision in the operating plan, in accordance with the operating conditions prescribed under paragraph 153(b);
	(c) after notifying the public of the planned exploration program, in the manner directed by the Chief; and
	(d) after a public consultation, if any, required by the Chief and held in accordance with the directions of the Chief.
Regulations	(5) For the purposes of paragraphs (4)(c) and (d), the Chief shall act in accordance with any regulations made under paragraph 153(i).
Class II - Chief's powers	137. (1) At any time after receiving a person's Class II Notification and before the time at which, by virtue of the regulations made under paragraph 153(e), the person would be entitled to commence to engage in the Class II exploration program, the Chief may
	(a) if of the opinion that the program as described in the Class II Notification would not result in the mitigation of any adverse environmental effect of the program, notify the person that the program may not commence until the Chief is satisfied, from an amended Class II Notification, that the program will result in the mitigation of the adverse environmental effect; and
	(b) if of the opinion that there are special public concerns respecting the lands affected by the program, notify the person that the program will be treated, for the purposes of this Part, as if it were a Class III or Class IV exploration program.
Chief to give reasons	(2) A notification given to a person under subsection (1) must be in the form, and be given in the manner, prescribed by the regulations made under subparagraph 153(f)(i), and must set out the Chief's reasons for giving the notification.
Effect of Chief's notification	(3) A person who has been notified by the Chief under paragraph (1)(a) shall not commence the program in question until the Chief is satisfied, from an amended Class II Notification, that the program will result in the mitigation of the adverse environmental effect.
Effect of Chief's notification	(4) Where the Chief notifies a person under paragraph (1)(b), then subsection 136(3) or (4), as the case may be, applies in respect of the program in question.
Certificate of Completion	138. (1) In the case of a Class II exploration program in respect of which security was required, where the Chief is satisfied that the program has been terminated and that the operator has complied with all provisions of the Class II Notification and of this Part and the regulations made thereunder, the Chief shall, on written application by the operator, issue to the operator a Certificate of Completion to that effect, in the prescribed form.
Certificate of Completion	(2) In the case of a Class III or Class IV exploration program, where the Chief is satisfied that the program has been terminated and that the holder of the approved operating plan has complied with all provisions of the plan and of this Part and the regulations made thereunder, the Chief shall, on written application by the holder, issue to the holder a Certificate of Completion to that effect, in the prescribed form.
Effect of Certificate of Completion	(3) A document purporting to be a Certificate of Completion is admissible in evidence in any court without proof of the signature or official character of the person appearing to have signed it, and is, unless the contrary is shown, proof of the matters asserted in it.