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Bill C-6

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      (i) the amount of security that may be required to be furnished and maintained under section 106, which regulations may empower the Chief to fix the amount of the security subject to a maximum specified in, or determined in accordance with, those regulations,

      (ii) the review of any amount of security fixed by the Chief, and

      (iii) the form and the terms of the security;

    (n) respecting partial returns of security in situations other than those referred to in subsection 106(6);

    (o) respecting

      (i) the circumstances in which a con travention of section 102, subsection 113(6) or a condition of an approved operating plan, in order to take emergen cy measures, is not an offence,

      (ii) the reporting of such emergency measures to the Chief or an inspector, and

      (iii) the duties, in respect of the reclama tion of the area affected by those mea sures, of the person who took those measures;

    (p) prescribing the records to be kept by the Minister, the Chief, inspectors and opera tors, and the form in which, the place in which and the period of time for which such records must be kept;

    (q) prescribing the manner in which inspec tors and the Chief must carry out their functions, and respecting the making of reports by them in relation to their carrying out of their functions;

    (r) respecting the content of directions given by inspectors under subsection 113(1), the time period within which such directions must be complied with, and the effect on that time period of a request for a review of the direction under subsection 113(3) or (4);

    (s) respecting the effect of

      (i) an alteration or revocation of a direction under subsection 113(3), or

      (ii) an alteration or substitution of a decision under subsection 113(4)

    on the operation of subsections 106(3) and 113(8);

    (t) requiring that public notice be given before the Minister's functions under sub section 113(4) may be exercised by a person described in paragraph 24(2)(d) of the Interpretation Act, respecting the circum stances in which such public notice must be given, and respecting the manner of giving that public notice; and

    (u) generally for carrying out the purposes and provisions of this Part.

Offences and Punishment

Placer land use operations

117. (1) Any person who contravenes any of subsections 102(1) to (3), or any condition of an approved operating plan of a Class III placer land use operation, is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

Placer land use operations

(2) Any person who contravenes subsection 102(4), or any condition of an approved operating plan of a Class IV placer land use operation, is guilty of an offence and liable on summary conviction to a fine not exceeding twenty thousand dollars.

Complying with inspector's direction

(3) Any person who contravenes subsection 113(6) is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

Assisting inspectors, etc.

(4) Any person who contravenes subsection 112(4) or section 115 is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.

Contraven-
tion of certain regulations

(5) Any

    (a) person who contravenes a regulation made under paragraph 116(o) relating to the reporting of emergency measures or the reclamation of the area, and

    (b) operator who contravenes a regulation made under paragraph 116(p)

is guilty of an offence and liable on summary conviction to a fine not exceeding two thou sand dollars.

Continuing offences

(6) Where an offence under this section is committed on, or continued for, more than one day, it is deemed to be a separate offence for each day on which it is committed or contin ued.

Limitation period

118. (1) Proceedings in respect of an offence under section 117 may be instituted at any time within, but not later than, two years after the time when the Minister becomes aware of the subject-matter of the proceed ings.

Minister's certificate

(2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, is admissi ble 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.

Action to enjoin not prejudiced by prosecution

119. (1) Notwithstanding that a prosecution has been instituted in respect of an offence under section 117, the Attorney General of Canada may commence and maintain pro ceedings to enjoin conduct that constitutes an offence under that section.

Civil remedy not affected

(2) No civil remedy for any act or omission is suspended or affected by reason only that the act or omission is an offence under section 117.

19. Form 3 of Schedule I to the Act is replaced by the following:

FORM 3 (Sections 26 and 31)

GRANT FOR PLACER MINING

No.

Department of Indian Affairs and Northern Development .................... Agency, ...................., 19.........

In consideration of the payment of ................ dollars, being the fee prescribed by Schedule II to the Yukon Placer Mining Act, by ...................., of ...................., accompanying his (or their) application No. ................ dated ...................., 19........, for a mining claim in (here insert description of locality).

The Minister of Indian Affairs and Northern Development hereby grants to the said .................... for a term of .................... years from the date hereof, the exclusive right of entry on the claim (here describe in detail the claim granted) for the miner-like working thereof and the construction and maintenance of structures, including a residence, that are required for the miner-like working thereof, and the exclusive right to all the proceeds real ized therefrom, on which, however, the royal ty prescribed by the Yukon Placer Mining Act shall be paid.

The said .................... shall be entitled to the use of so much of the water naturally flowing through or past his (or their) claim, and not al ready lawfully appropriated, as shall be neces sary for the due working thereof, and to drain his (or their) claim, free of charge.

This grant does not convey to the said .................... any right of ownership in the soil covered by the said claim, and the said grant shall lapse and be forfeited unless section 40 of the Yukon Placer Mining Act is strictly com plied with.

The rights hereby granted are those laid down in the Yukon Placer Mining Act and no more, and subject to all the provisions of that Act, whether they are expressed herein or not.

...........................

Mining Recorder

20. The Act is amended by replacing the word ``Act'' with the word ``Part'' in the following provisions:

    (a) the portion of subsection 2(1) before the definition ``base line'';

    (b) the definitions ``mining inspector'' and ``mining recorder'' in subsection 2(1);

    (c) subsections 2(2) to (4);

    (d) section 3;

    (e) section 12;

    (f) subsection 19(1);

    (g) subsections 23(5) and (6);

    (h) section 25;

    (i) subsection 30(1);

    (j) subsection 31(2);

    (k) section 33;

    (l) section 39;

    (m) subsection 40(4);

    (n) subsection 42(3);

    (o) the portion of subsection 47(1) before paragraph (a);

    (p) paragraph 47(1)(d);

    (q) section 48;

    (r) section 50;

    (s) subsection 54(1);

    (t) section 57;

    (u) section 75;

    (v) subsection 76(1);

    (w) subsection 76(6);

    (x) subsection 77(1);

    (y) subsection 77(2) (first occurrence only);

    (z) section 81;

    (z.1) subsection 82(1);

    (z.2) subsection 82(5);

    (z.3) subsection 84(1);

    (z.4) subsection 86(6);

    (z.5) sections 87 and 88;

    (z.6) paragraphs 89(1)(a) and (b);

    (z.7) section 90;

    (z.8) subsection 91(1);

    (z.9) subsections 92(1) and (2);

    (z.10) subsection 92(4);

    (z.11) paragraph 93(1)(a);

    (z.12) section 95; and

    (z.13) subsection 96(2).

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