Statutes of Newfoundland and Labrador 2023 Chapter 25

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cM-12
as amended

1. Paragraph 2(1)(d) of the Mineral Act is repealed and the following substituted:

(d) "department" means the department presided over by the minister;

2. Subsection 4.1(2) of the Act is amended by deleting the words "he or she" and substituting a comma and the words "the minister".

3. Subsection 5(3) of the Act is amended by deleting the words "him or her" and substituting the words "the minister".

4. Subsection 6(3) of the Act is amended by deleting the words "he or she" and substituting a comma and the words "the recorder".

5. Subsection 11(4) of the Act is amended

(a) by deleting the words "he or she" and substituting the words "the person"; and

(b) by deleting the word "persons" and substituting the word "person's".

6. Section 13 of the Act is amended by deleting the words "his or her" wherever they appear.

7. (1) Subsection 14(2) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

(2) Subsection 14(5) of the Act is amended by deleting the words "him or her" and substituting the words "that person".

8. Section 19 of the Act is amended by deleting the words "him or her" and substituting the words "the minister".

9. Subsection 24(2) of the Act is amended by deleting the words "his or her".

10. Paragraph 25(1)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the licensee's".

11. The Act is amended by adding immediately after section 26 the following:

Reinstatement of licence

26.1 (1) Where a licence is cancelled under section 26 for failure to submit an annual assessment report, the minister may reinstate the licence where, no later than 30 days after the date on which the licence was cancelled, the licensee

(a) submits to the minister

(i) an application for reinstatement,

(ii) the fee prescribed by the minister, and

(iii) the annual assessment report and account of expenditures showing that the assessment work was completed as required under this Act and the regulations; and

(b) pays the greater of

(i) $1,000, or

(ii) $100 per map staked claim held under the licence.

(2) Where a licence is cancelled as a result of an error by the department, the minister may reinstate the licence where, no later than 30 days after the date on which the licence was cancelled,

(a) the error is discovered by the recorder; or

(b) the error is discovered by the licensee and the licensee notifies the recorder of the error.

12. Subsection 28.1(1) of the Act is repealed and the following substituted:

Extension of licence – more than 20 years

28.1 (1) A licence that has been extended 3 times under section 28 may be extended under this section for additional one year periods where the licensee

(a) submits to the minister before the expiry of the licence

(i) an application for extension,

(ii) the documentation prescribed by the minister, and

(iii) the fee prescribed by the minister;

(b) has complied with all the terms, provisions and conditions of the licence during its currency; and

(i) filed with the recorder a report of the assessment work and account of expenditures required by Condition 3 of Schedule B, or

(ii) has been granted an extension under Condition 2 of Schedule B.

13. The Act is amended by adding immediately after section 28.1 the following:

Extension of expired licence

28.2 (1) Where a licence expires for failure to extend under section 28 or 28.1, the minister may extend the licence where, no later than 30 days after the date on which the licence expired, the licensee

(a) submits to the minister

(i) an application for extension under section 28 or 28.1,

(ii) either,

(A) for an extension under section 28, the documentation required under subparagraph 28(1)(a)(ii) and proof, satisfactory to the minister, that the requirements of paragraphs 28(1)(b) and (c) have been satisfied, or

(B) for an extension under section 28.1, the documentation required under subparagraph 28.1(1)(a)(ii) and proof, satisfactory to the minister, that the requirements of paragraphs 28.1(1)(b) and (c) have been satisfied, and

(iii) the fee prescribed by the minister; and

(b) pays the greater of

(i) $1,000, or

(ii) $100 per map staked claim held under the licence.

(2) Where a licence expires as a result of an error by the department, the minister may extend the licence where, no later than 30 days after the date on which the licence expired,

(a) the error is discovered by the recorder; or

(b) the error is discovered by the licensee and the licensee notifies the recorder of the error.

(3) A licence extended under this section shall be considered to be extended from the date of expiry of the original term of the licence or the prior extension of the licence.

14. Paragraph 36(4)(a) of the Act is amended by deleting the words "his or her" and substituting the word "the".

15. (1) Subsection 37(1) of the Act is amended by deleting the number "1" wherever it appears and substituting the word "one".

(2) Subsection 37(4) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the minister"; and

(b) deleting the words "his or her" and substituting the words "the member's".

(3) Subsection 37(5) of the Act is amended by deleting the words "Public Inquiries Act" and substituting the words "Public Inquiries Act, 2006".

16. (1) Subsection 39(2) of the Act is amended by deleting the word "or" after paragraph (b) and adding immediately after paragraph (b) the following:

(b.1) within 30 days of the date of the decision of the minister, where the matter complained of relates to a decision of the minister to not reinstate a licence under section 26.1 or to not extend a licence under section 28.2; or

(2) Paragraph 39(2)(c) of the Act is repealed and the following substituted:

(3) Subsections 39(3) and (6) of the Act are amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

17. Subsection 40(1) of the Act is repealed and the following substituted:

Appeal to Supreme Court

40. (1) An appeal lies from a decision of the board under section 39 to a judge of the Supreme Court upon a point of law raised during the hearing of the appeal before the board, and the practice and procedure under the Judicature Act and the Rules of Court relating to appeals apply to proceedings under this section.

18. Paragraph 44(1)(a) of the Act is amended by deleting the number "1" and substituting the word "one".