SNL2023 CHAPTER Q-1.2 - QUARRY RESOURCES ACT

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

Short title

1. This Act may be cited as the Quarry Resources Act.

2023 cQ-1.2 s1

Interpretation

2. (1) In this Act

(a) "category A lease" means a lease issued under section 10;

(b) "category B lease" means a lease issued under section 11;

(c) "compliance report" means a report prepared by a holder of a wayside permit or lease that contains an assessment of the holder's compliance with this Act, the regulations and the conditions of a wayside permit or lease;

(d) "consolidated quarry resources" means quarry resources in bedrock that requires blasting or ripping or both;

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

(f) "development, rehabilitation and closure plan" means a plan that sets out in detail

(i) the planned development of a site, and

(ii) the rehabilitation of a site at any stage during the term of the lease, including at the end of the lease;

(g) "dimension stone" means a natural stone or rock that has been selected, shaped and finished to specific sizes or shapes;

(h) "exploration licence" means a licence issued under section 6;

(i) "financial assurance" means a form of assurance which would enable the minister to rehabilitate a site;

(j) "former Act" means the Quarry Materials Act, 1998 ;

(k) "gemstone" means a precious or semiprecious stone that is to be cut and polished for use in jewellery or ornaments but does not include diamonds, rubies, sapphires and emeralds;

(l) "grubbing" means stumps, organic material and topsoil that are stripped to access quarry resources;

(m) "inspector" means a person appointed under section 31;

(n) "lease" includes a category A lease and a category B lease;

(o) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(p) "production report" means a report that states the amount of quarry resources that are excavated or removed from a site or a quarry;

(q) "qualified person" means an engineer or geoscientist who is a member in good standing of the Professional Engineers and Geoscientists of Newfoundland and Labrador;

(r) "quarry" means land

(i) from which consolidated and unconsolidated quarry resources are being, or have been, excavated, and

(ii) that has not been rehabilitated;

(s) "quarry resource" includes

(i) clay, silt, sand, and gravel that will not undergo processing to extract metals, metalloids, non-metal elements or other substances prescribed in the regulations,

(ii) rock used in civil construction,

(iii) topsoil,

(iv) slag,

(v) gemstones, and

(vi) dimension stone,

but does not include peat;

(t) "quarry resource management area" means an area designated in accordance with section 29;

(u) "rehabilitate" means to take measures in accordance with the standards prescribed by the regulations with respect to a site so that the use or condition of the site is, in the opinion of the minister,

(i) restored as close as is reasonably possible to its former use or condition,

(ii) restored to a condition that is acceptable to the minister, or

(iii) made suitable for a use that the minister considers appropriate;

(v) "security deposit" means an amount of money provided to the minister to ensure that the assessment work proposed by the holder of an exploration licence is completed within the term of the exploration licence;

(w) "site" means the land for which an exploration licence, wayside permit or lease or an application for an exploration licence, wayside permit or lease relates;

(x) "site plan" means a drawing showing the layout of a site and other information set by the minister;

(y) "topsoil" means the uppermost layer of soil containing organic matter;

(z) "unconsolidated quarry resources" means quarry resources overlying bedrock; and

(aa) "wayside permit" means a permit issued under section 8.

(2) Notwithstanding paragraph (1)(r), where the minister is of the opinion that the production of quarry resources is not the primary purpose of an excavation, the minister may declare that the land on which the excavation is situate is not a quarry for the purposes of this Act.

(3) Where before 1952 there was a conveyance of Crown land by way of a grant to a person and the grant excepts from the conveyance minerals in, on or under the land, the reference to minerals in the grant shall be considered to include quarry resources.

2023 cQ-1.2 s2

Crown bound

3. This Act binds the Crown.

2023 cQ-1.2 s3

Ownership of quarry resources

4. Quarry resources are vested in the Crown.

2023 cQ-1.2 s4

Labrador Inuit rights

5. (1) This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

(2) Where, under this Act or regulations made under this Act, the minister issues an exploration licence, wayside permit or a lease, the minister may add terms and conditions to the exploration licence, wayside permit or lease to ensure compliance with the provisions, terms and conditions of the Labrador Inuit Land Claims Agreement Act .

2023 cQ-1.2 s5

PART I
LICENCES, PERMITS AND LEASES

Application for exploration licence

6. (1) A person may apply to the minister for an exploration licence to explore for quarry resources.

(2) The minister may issue an exploration licence to a person who

(a) submits an application to the minister in the form and manner set by the minister;

(b) pays the fees set by the minister;

(d) provides information satisfactory to the minister regarding the quarry resources the person intends to explore;

(e) submits in a form satisfactory to the minister a plan of the exploration work to be conducted that contains the information prescribed in the regulations;

(f) submits a description of the site that contains the information set by the minister; and

(g) satisfies the other requirements prescribed in the regulations.

(3) Where requested by the minister, a person applying for an exploration licence shall provide financial assurance in

(a) a form prescribed in the regulations; and

(b) an amount satisfactory to the minister.

(4) The minister shall not issue an exploration licence for an area where

(a) the quarry resources in the area are not vested in the Crown; or

(b) there is a current exploration licence, wayside permit or lease issued for the area.

2023 cQ-1.2 s6

Exploration licence

7. (1) A person who holds an exploration licence has, during the term of the exploration licence, the exclusive right to

(a) explore for or assess the quality of quarry resources on the site; and

(b) apply for a wayside permit or a lease for the site or a part of the site.

(2) An exploration licence

(a) is non-renewable and non-assignable; and

(b) expires one year after the date it was issued.

(3) A person who holds an exploration licence shall not remove quarry resources except for the purpose of sampling and testing and in accordance with the terms and conditions of the exploration licence.

(4) A person who holds an exploration licence shall

(a) submit reports to the minister containing the information prescribed in the regulations in the time period prescribed in the regulations; and

(b) comply with the terms and conditions of the exploration licence and the requirements prescribed in this Act and the regulations.

(5) The minister may issue more than one exploration licence to a person in a one year period but the total hectares included in the exploration licences shall not exceed 100 hectares on a single National Topographic System 1:50,000 map sheet.

(6) Notwithstanding subsection (1) and paragraph 8(3)(b), the minister may issue a wayside permit for a site for which an exploration licence is issued where the minister determines that a wayside permit is necessary for work conducted by, or on behalf of, the Crown.

(7) A security deposit may, in accordance with the regulations, be

(a) returned, in whole or in part, to the person who currently holds or has held the exploration licence; or

(b) forfeited, in whole or in part, to the Crown.

2023 cQ-1.2 s7

Application for wayside permit

8. (1) A person may apply to the minister for a wayside permit.

(2) The minister may issue a wayside permit to a person who

(a) submits an application to the minister in the form and manner set by the minister;

(b) pays the fees set by the minister;

(d) submits a site plan, in a form acceptable to the minister, that

(i) contains the information required by the minister, and

(ii) shows the area for which the wayside permit is required;

(e) provides information satisfactory to the minister regarding the reason that quarry resources are required from the site, including information relating to alternate supplies of quarry resources;

(f) where requested by the minister, provides a survey of the perimeter of the site that

(i) is prepared by a qualified land surveyor,

(ii) contains a certified plan of the survey, and

(iii) includes surveyor's notes and a description of the land using the mapping reference datum prescribed in the regulations; and

(g) satisfies the other requirements prescribed in the regulations.

(3) The minister shall not issue a wayside permit for an area where

(a) the quarry resources in the area are not vested in the Crown; or

(b) there is a current exploration licence, wayside permit or lease issued for the area.

(4) The minister may refuse to issue a wayside permit where the minister is of the opinion that a lease would be more appropriate for one or more of the following reasons:

(a) a lease would better manage the quarry resources;

(b) the amount of production carried out or proposed warrants operation under a lease;

(d) a lease would ensure the rehabilitation of a site or proposed site.

2023 cQ-1.2 s8

Wayside permit

9. (1) A person who holds a wayside permit has, during the term of the wayside permit, the exclusive right to dig for, excavate, remove and dispose of quarry resources at the site.

(2) A wayside permit

(a) is non-renewable and non-assignable; and

(b) expires 2 years after the date it was issued.

(3) Notwithstanding paragraph (2)(b), the minister may, in accordance with the regulations, extend the term of a wayside permit.

(4) A person who holds a wayside permit shall

(a) pay the annual fee set by the minister in the time period set by the minister;

(b) submit the following reports in the time period prescribed in the regulations:

(i) a production report containing the information prescribed in the regulations, and

(ii) a compliance report containing the information prescribed in the regulations;

(d) rehabilitate the site to the satisfaction of the minister where the wayside permit expires or the holder of the wayside permit no longer requires use of the quarry; and

(e) comply with the terms and conditions of the wayside permit and the requirements prescribed in this Act and the regulations.

(5) Notwithstanding paragraph (2)(a), a person who holds a wayside permit may provide written permission to a person for the person to dig for, excavate, remove and dispose of quarry resources under the wayside permit.

(6) Where a person who holds a wayside permit provides written permission under subsection (5), the person who holds the wayside permit is responsible for ensuring that

(a) all activities on the site comply with the Act, the regulations and the terms and conditions of the wayside permit; and

(b) the royalties prescribed in the regulations are paid.

2023 cQ-1.2 s9

Category A lease

10. (1) A person may apply to the minister for a category A lease where one or both of the following apply:

(a) production of the quarry resources is expected to be more than 10,000 cubic metres in any one year; or

(b) it is anticipated that there will be greater than 10 metres depth of excavation.

(2) The minister may issue a category A lease to a person who

(a) submits an application to the minister in the form and manner set by the minister;

(b) pays the fees set by the minister;

(d) provides information satisfactory to the minister regarding the reason that quarry resources are required from the site, including information regarding alternate supplies of quarry resources;

(e) submits a development, rehabilitation and closure plan satisfactory to the minister that

(i) contains the information prescribed in the regulations, and

(ii) is prepared by a qualified person;

(f) provides a survey of the perimeter of the site that

(i) is prepared by a registered land surveyor,

(ii) contains a certified plan of the survey, and

(iii) includes surveyor's notes and a description of the land using the mapping reference datum prescribed in the regulations;

(g) provides financial assurance in

(i) a form prescribed in the regulations, and

(ii) an amount satisfactory to the minister; and

(h) satisfies the other requirements prescribed in the regulations.

(3) The minister shall not issue a category A lease for a term that exceeds 20 years.

2023 cQ-1.2 s10

Category B lease

11. (1) A person may apply to the minister for a category B lease where

(a) production of the quarry resources is expected to be no more than 10,000 cubic metres in any one year; and

(b) it is anticipated that there will be no more than 10 metres depth of excavation.

(2) The minister may issue a category B lease to a person who

(a) submits an application to the minister in the form and manner set by the minister;

(b) pays the fees set by the minister;

(d) provides information satisfactory to the minister regarding the reason that quarry resources are required from the site, including information regarding alternate supplies of quarry resources;

(e) submits a development, rehabilitation and closure plan satisfactory to the minister that contains the information prescribed in the regulations;

(f) where requested by the minister, provides a survey of the perimeter of the site that

(i) is prepared by a registered land surveyor,

(ii) contains a certified plan of the survey, and

(iii) includes surveyor's notes and a description of the land using the mapping reference datum prescribed in the regulations;

(g) provides financial assurance in

(i) a form prescribed in the regulations, and

(ii) an amount satisfactory to the minister; and

(h) satisfies the other requirements prescribed in the regulations.

(3) The minister may, in accordance with the regulations, exempt a person who applies for a category B lease from one or more of the requirements in subsection (2).

(4) The minister shall not issue a category B lease for a term that exceeds 10 years.

2023 cQ-1.2 s11

Leases generally

12. (1) A person who holds a lease has, during the term of the lease, the exclusive right to dig for, excavate, remove and dispose of quarry resources at the site.

(2) The minister shall not issue a lease for an area where

(a) the quarry resources in the area are not vested in the Crown; or

(b) there is a current exploration licence, wayside permit or lease issued for the area.

(3) Notwithstanding paragraphs 10(2)(g) and 11(2)(g), financial assurance is not required for leases issued to the Crown.

(4) Notwithstanding subsection (1), a person who holds a lease may provide written permission to a person for the person to dig for, excavate, remove and dispose of quarry resources under the lease.

(5) Where a person who holds a lease provides written permission under subsection (4), the person who holds the lease is responsible for ensuring that

(a) all activities on the site comply with the Act, the regulations and the terms and conditions of the lease; and

(b) the royalties prescribed in the regulations are paid.

2023 cQ-1.2 s12

Duties of lessees

13. (1) A person who holds a lease shall

(a) pay the annual fee set by the minister in the time period set by the minister;

(b) submit the following reports in the time period prescribed in the regulations:

(i) a production report containing the information prescribed in the regulations, and

(ii) a compliance report containing the information prescribed in the regulations;

(d) rehabilitate the site in accordance with the development, rehabilitation and closure plan, this Act, the regulations and the terms and conditions of the lease to the satisfaction of the minister; and

(e) comply with the terms and conditions of the lease and the requirements prescribed in this Act and the regulations.

(2) In addition to the requirements in subsection (1),

(a) a person who holds a category A lease shall submit an updated development, rehabilitation and closure plan every 5 years and at other times where requested by the minister; and

(b) a person who holds a category B lease shall submit an updated development, rehabilitation and closure plan where requested by the minister.

2023 cQ-1.2 s13

Assignment and renewal of leases

14. (1) A lease may be assigned to another person where the holder of the lease

(a) complied with this Act, the regulations and the terms and conditions of the lease; and

(b) obtained the consent of the minister to assign the lease.

(2) The minister may renew a lease where the holder of the lease

(a) submits an application for renewal in the form and manner set by the minister no later than 3 months before the expiration of the lease;

(b) pays the fees set by the minister;

(d) submits an updated development, rehabilitation and closure plan satisfactory to the minister; and

(e) satisfies the other requirements prescribed in the regulations.

(3) Where the minister renews a lease under subsection (2), the minister may add, remove or vary terms and conditions of the lease.

2023 cQ-1.2 s14

Matters to be considered

15. In determining whether to issue an exploration licence, wayside permit or a lease or to renew a lease, the minister may consider the following:

(a) the person's history of compliance with this Act, the regulations, the former Act, another Act or regulations and the terms and conditions of an exploration licence, wayside permit or lease where an exploration licence, wayside permit or lease had previously been issued to the applicant under this Act or the former Act;

(b) the person's reasons as to why quarry resources are required from the site, including information regarding alternate supplies of quarry resources;

(d) the possible effect of the operation of the quarry on the environment;

(e) the possible effect of the operation of the quarry on nearby communities;

(f) any comments provided by a municipality, Indigenous organizations or other organizations in the area in which the site is located;

(g) any possible effects on ground and surface water resources including on drinking water sources;

(h) any possible effects of the operation of the quarry on other land uses;

(i) any planning and land use considerations;

(j) the main haul routes and proposed truck traffic to and from the site;

(k) the quality and quantity of the quarry resources on the site;

(l) the amount of quarry resources estimated to be removed from the site;

(m) the management of the quarry resources of the area;

(n) impacts on landscape aesthetics; and

(o) other matters prescribed in regulations.

2023 cQ-1.2 s15

Terms and conditions

16. The minister may impose terms and conditions on an exploration licence, wayside permit or a lease.

2023 cQ-1.2 s16

Amendments

17. (1) The minister may at any time,

(a) add a condition to an exploration licence, wayside permit or lease, remove or vary a condition of an exploration licence, wayside permit or lease; or

(b) require a holder of a wayside permit to amend the site plan or to submit a new site plan.

(2) A holder of an exploration licence or lease may apply to the minister to do one or both of the following:

(a) add, remove or vary a condition to the exploration licence or lease; or

(b) amend the exploration licence or lease.

(3) A holder of a wayside permit may apply to the minister to do one or more of the following:

(a) add, remove or vary a condition to the wayside permit;

(b) amend the wayside permit; or

(4) The minister may approve an amendment under subsection (2) or (3) where the holder of the exploration licence, wayside permit or lease

(a) submits an application in the form and manner set by the minister; and

(b) provides the information and documentation required by the minister.

2023 cQ-1.2 s17

Suspension or cancellation

18. (1) The minister may suspend or cancel an exploration licence, wayside permit or lease for one or more of the following reasons:

(a) the minister is satisfied that the holder of the exploration licence, wayside permit or lease contravened

(i) this Act or the regulations,

(ii) a term or condition of the exploration licence, wayside permit or lease, or

(iii) an order issued under this Act;

(b) the minister is satisfied that the holder of the exploration licence, wayside permit or lease made one or more false or misleading statements in

(i) the application for the exploration licence, wayside permit or lease,

(ii) the information provided in support of the application for the exploration licence, wayside permit or lease, or

(iii) a report;

(c) the holder of the exploration licence, wayside permit or lease is insolvent, declared bankruptcy or has committed an act of bankruptcy;

(d) the holder of the exploration licence, wayside permit or lease failed

(i) to pay the annual fees,

(ii) to pay the royalties prescribed in the regulations, or

(iii) file reports required to be filed under this Act or the regulations; or

(e) another reason prescribed in the regulations.

(2) Where the minister cancels an exploration licence, a wayside permit or a lease under subsection (1), the minister may order the person who held the exploration licence, wayside permit or lease to do one or both of the following:

(a) take the action specified in the order to bring the site into compliance with the exploration licence, wayside permit or lease that was cancelled; or

(b) rehabilitate the site as the minister considers necessary.

(3) Where financial assurance is required to be provided under this Act, the financial assurance shall remain in force until the site to which the financial assurance relates is rehabilitated to the satisfaction of the minister.

(4) Notwithstanding subsection (3), a person who is required to provide financial assurance may apply to the minister to reduce the amount of financial assurance.

(5) Where a person makes an application under subsection (4), the minister may reduce the amount of financial assurance where the minister is of the opinion that the amount of financial assurance remaining after the reduction is sufficient to pay the cost of rehabilitating the site.

2023 cQ-1.2 s18

Surrender of wayside permit or lease

19. The minister may accept the surrender of a wayside permit or a lease where the holder of the wayside permit or lease

(a) submits an application in the form and manner set by the minister;

(b) provides the information and documentation required by the minister;

(d) paid the royalties prescribed in the regulations;

(e) rehabilitated the site to the satisfaction of the minister; and

(f) satisfies any other requirements prescribed in the regulations.

2023 cQ-1.2 s19

Prohibition

20. (1) A person shall not explore for quarry resources at a quarry unless the person holds an exploration licence.

(2) A person shall not dig for, excavate, remove or dispose of quarry resources from a quarry unless the person

(a) holds a wayside permit or a lease; or

(b) has written permission in accordance with subsection 9(5) from a person who holds a wayside permit or subsection 12(4) from a person who holds a lease.

(3) A person shall not prepare an area for the removal of quarry resources except in accordance with this Act, the regulations and the terms and conditions of a wayside permit or a lease.

2023 cQ-1.2 s20

Quarry resources required on emergency basis

21. Notwithstanding subsections 7(1), 9(1) and 12(1), where the minister is of the opinion that quarry resources are required on an emergency basis, the Crown may, for the purpose of obtaining quarry resources, enter land on which an exploration licence, wayside permit or lease has been issued and dig for, excavate, remove or dispose of quarry resources.

2023 cQ-1.2 s21

Register

22. (1) The minister shall keep a register of

(a) exploration licences;

(b) wayside permits;

(d) quarry resource management areas.

(2) The register referred to in subsection (1) shall be available to the public.

2023 cQ-1.2 s22

Rights not conferred

23. An exploration licence, wayside permit or lease does not confer a right to minerals as defined in the Mineral Act .

2023 cQ-1.2 s23

Grubbing and topsoil

24. (1) A holder of a wayside permit or a lease

(a) shall stockpile grubbing at the site for use in rehabilitating the site; and

(b) shall not remove grubbing from the site.

(2) Notwithstanding subsection (1), the holder of a wayside permit or a lease may apply to the minister for approval to remove and sell topsoil.

(3) The minister may allow the holder of a wayside permit or lease to remove and sell topsoil in accordance with the regulations.

(4) Where the minister grants approval under subsection (3), the minister shall amend the wayside permit or lease to state the amount of topsoil that may be removed by the holder of the wayside permit or lease.

2023 cQ-1.2 s24

PART II
REHABILITATION

Rehabilitation standards

25. The minister shall prescribe the standards to be followed for rehabilitating sites.

2023 cQ-1.2 s25

Duty to rehabilitate

26. (1) A holder of an exploration licence or wayside permit shall

(a) rehabilitate the site in accordance with this Act, the standards prescribed in the regulations and the terms and conditions of the exploration licence or wayside permit to the satisfaction of the minister; and

(b) submit reports regarding the rehabilitation of the site at the times set by the minister.

(2) Aholder of a lease shall

(a) rehabilitate the site in accordance with this Act, the standards prescribed in the regulations, the development, rehabilitation and closure plan and the terms and conditions of the lease to the satisfaction of the minister; and

(b) submit reports regarding the rehabilitation of the site at the times set by the minister.

(3) A report referred to in paragraph (1)(b) or (2)(b) shall be prepared in accordance with the regulations.

(4) Where during the course of an inspection, an inspector determines that the holder of the exploration licence, wayside permit or lease is not rehabilitating the site or did not rehabilitate the site in accordance with subsection (1) or (2), an inspector may order the person to rehabilitate the site to the satisfaction of the minister within the time period set by the minister and the person shall comply with the order.

(5) Notwithstanding that a person has explored, dug for, excavated, removed or disposed of quarry resources in contravention of subsection 20(1) or (2), the person is liable to rehabilitate the area where the person explored, dug for, excavated, removed or disposed of quarry resources.

2023 cQ-1.2 s26

Rehabilitation by minister

27. (1) Where a holder of an exploration licence, wayside permit or lease fails to comply with an order under subsection 26(4), the minister may enter onto the site to rehabilitate the site.

(2) The minister shall give the holder of the exploration licence, wayside permit or lease reasonable notice of the intention to rehabilitate the site under subsection (1).

(3) Where the minister rehabilitates a site, the costs incurred by the minister shall constitute a debt due to the Crown and in the case of an exploration licence or lease may be satisfied by drawing on the financial assurance provided by the holder of the exploration licence or lease and any expenditure by the minister in excess of the financial assurance shall constitute a debt due to the Crown.

(4) This section applies to a person referred to in subsection 26(5).

2023 cQ-1.2 s27

Duties continue

28. (1) Where an exploration licence, wayside permit or a lease expires or is cancelled, the duties under this Act, the regulations and terms and conditions of the exploration licence, wayside permit or lease continue to apply until the site has been rehabilitated to the satisfaction of the minister.

(2) Notwithstanding subsection (1), a person who held an exploration licence, wayside permit or lease shall not incur any further liability for the site where the person has, to the satisfaction of the minister, complied with the requirements of this Act, the regulations and the terms and conditions of the exploration licence, wayside permit or lease.

2023 cQ-1.2 s28

PART III
QUARRY RESOURCE MANAGEMENT AREAS

Quarry resource management areas

29. (1) The minister may designate areas in the province as quarry resource management areas in which exploration licences, wayside permits or leases shall not be issued under this Act except in accordance with this section.

(2) Quarry resource management areas shall be

(a) designated on a map maintained by the department and made available to the public; and

(b) included in the register referred to in section 22.

(3) In determining whether to designate a quarry resource management area the minister shall consider the factors prescribed in the regulations.

(4) The minister may make the land or portions of the land designated in accordance with subsection (1) available for an exploration licence, wayside permit or a lease by publishing a notice in the Gazette and in other media in the province inviting proposals in relation to the quarry resource management area.

(5) A proposal referred to in subsection (4) shall contain information outlining

(a) how the quarry resource management area will be developed; and

(b) how the project being proposed for the quarry resource management area will benefit the province.

(6) The minister shall review the proposals submitted and where the minister determines that there is an acceptable proposal, the minister may select a proposal.

(7) Where the minister selects a proposal under subsection (6), the minister shall notify the person who submitted the proposal to apply for an exploration licence, wayside permit or lease in accordance with this Act and the regulations.

(8) Notwithstanding subsection (1), the minister may issue a wayside permit or lease in a quarry resource management area where the minister determines it is necessary for work being conducted by, or on behalf of, the Crown.

2023 cQ-1.2 s29

PART IV
ROYALTIES

Royalties

30. (1) A person who takes or removes quarry resources shall pay to the Crown the royalties prescribed in the regulations.

(2) Notwithstanding subsection (1), a person who takes or removes dimension stone or gemstone is not required to pay a royalty under subsection (1) but shall pay a mining and mineral rights tax to the Crown in accordance with the Revenue Administration Act and Revenue Administration Regulations .

(3) The Lieutenant-Governor in Council, may by regulation,

(a) exempt a person or class of persons from the payment of royalties; or

(b) modify the amount of royalty that a person or class of persons prescribed in the regulations is required to pay.

(4) The holder of a wayside permit or lease shall

(a) keep and maintain a record of quarry resources excavated and removed from the site; and

(b) at the request of the minister, make the records available for inspection for the purpose of determining the royalty payable under subsection (1).

(5) A holder of a wayside permit or lease shall pay the royalties referred to in subsection (1) to the minister

(a) on or before January 31 of each year in relation to production in the previous calendar year; or

(b) within 30 days of the expiry, surrender or cancellation of the wayside permit or lease where a wayside permit or lease expired or was surrendered or cancelled during the year.

(6) Notwithstanding that a person has dug for, excavated, removed or disposed of quarry resources in contravention of subsection 20(2), the person is liable to and shall pay to the Crown an amount equal to the amount of royalties that would be payable in respect of the quarry resources had the quarry resources been dug for, excavated, removed or disposed of under a valid wayside permit or lease issued under this Act.

(7) Subsection (6) applies even where the person referred to in subsection (6) has been, or is being, prosecuted for contravening subsection 20(2).

(8) An amount owing under this section may be recovered as a debt due to the Crown.

2023 cQ-1.2 s30

PART V
INSPECTIONS

Inspectors

31. (1) The minister may designate persons or classes of persons to act as inspectors for the purpose of this Act and the regulations.

(2) A person shall not knowingly make a false or misleading statement, either orally or in writing, to an inspector while the inspector is exercising powers or carrying out duties or functions under this Act or the regulations.

2023 cQ-1.2 s31

Powers of inspectors

32. (1) An inspector may, at all reasonable times, for purposes related to the administration or enforcement of this Act or the regulations, inspect or examine the land, premises, processes, books and records of a person that the inspector may consider relevant for the purpose of determining compliance with this Act or the regulations, and the inspector may, without a warrant,

(a) enter on land or any premises where

(i) any property, books or records are or may be kept, or

(ii) anything is done or is suspected by the inspector of being done in connection with a requirement of this Act or the regulations;

(b) take samples, conduct tests or surveys and make copies, extracts, photographs or videos the inspector considers necessary;

(c) require the owner or person in charge of land or premises to give the inspector all reasonable assistance, including the production of books and records as requested by the inspector, and to answer all proper questions relating to the administration or enforcement of this Act or the regulations and, for that purpose, require the owner or person in charge to attend at the land or premises with the inspector; and

(d) require the owner or person in charge to make available the means to generate and manipulate books and records that are in machine readable or electronic form and any other means or information necessary for the inspector to assess the books and records.

(2) Notwithstanding subsection (1), an inspector shall not enter a dwelling-house without the consent of the occupant except under the authority of a warrant issued under section 34 or 35.

2023 cQ-1.2 s32

Orders of inspector

33. (1) Where an inspector finds that a person is not in compliance with a provision of this Act or the regulations, the inspector may order the person to comply with the provision and may require the order to be carried out immediately or within the period of time that the inspector specifies.

(2) Where an inspector is of the opinion that an activity, work or operation is being, or has been, carried out which contravenes this Act, the regulations or a term or condition of an exploration licence, wayside permit or lease, the inspector may order the person responsible to stop the activity, work or operation and to immediately or within the period of time that the inspector specifies take the action necessary to comply with the Act, the regulations or the term or condition of the exploration licence, wayside permit or lease.

2023 cQ-1.2 s33

Contravention of Act suspected

34. (1) Where during the course of an inspection under section 32 or otherwise an inspector believes on reasonable grounds that there has been a contravention of this Act or the regulations, the inspector may, with a warrant issued under subsection (2) or section 35, seize and take away any of the books or records that may be required as evidence of a contravention and may retain those documents until the time they are required in a court proceeding.

(2) A Provincial Court judge who is satisfied upon oath or affirmation there are reasonable grounds for believing there is in or on a premises anything that may provide evidence with respect to a suspected offence under this Act or the regulations, may issue a warrant authorizing an inspector to enter the premises and to

(a) search;

(b) examine the contents of the premises and make those inquiries that the inspector considers necessary;

(c) seize, take away and hold anything which on reasonable grounds appears to be used in contravening this Act, including equipment, machinery and motor vehicles; and

(d) copy, extract, photograph, video, seize and take away evidence, books and records,

for the purpose of investigating the suspected offence.

(3) The owner or person in charge of a premises referred to in this section or a person located at the premises shall not obstruct an inspector in the carrying out of the inspector’s duties under this section as authorized by the warrant.

2023 cQ-1.2 s34

Telewarrant

35. (1) Where, in the opinion of an inspector it would not be practical to appear before a Provincial Court judge to apply for a warrant, the inspector may make the application by telephone or other means of telecommunication.

(2) Where an inspector acts under the authority of a warrant obtained under this section, the inspector shall provide a facsimile of the warrant to the owner or person in charge of a premises present at the time the warrant is carried out.

(3) In subsection (2), "facsimile" includes a record produced by electronic means or a written record of a telephone conversation made by both parties to the conversation while it is in progress and which the parties have confirmed as to its accuracy by reading their record of the conversation to one another at the end of the conversation.

2023 cQ-1.2 s35

Report of inspector

36. An inspector shall

(a) prepare a report which sets out the findings and results of the inspection; and

(b) provide a copy of the report to the holder of an exploration licence, wayside permit or lease, as applicable.

2023 cQ-1.2 s36

PART VI
GENERAL

Guidelines

37. The minister may establish guidelines relating to the exploration of quarry resources and the operation of quarries.

2023 cQ-1.2 s37

Time periods

38. The minister may, by regulation, prescribe time periods in which one or more of the following shall be completed:

(a) a decision regarding an application for the issuance of an exploration licence, wayside permit or lease;

(b) a decision regarding an application for the renewal of a lease;

(d) the completion of a report by an inspector.

2023 cQ-1.2 s38

Geoscience surveys

39. Notwithstanding subsections 7(1), 9(1) and 12(1), the minister may authorize persons to enter land on which an exploration licence, wayside permit or lease has been issued to conduct geological, geochemical and geophysical surveys for the purposes of collecting data for the Crown.

2023 cQ-1.2 s39

Protection from liability

40. The minister, an inspector or a person acting on behalf of the minister, shall not be liable for anything done or omitted to be done in good faith in the exercise or performance of a power, duty or function conferred or imposed on the minister, inspector or person under this Act or the regulations.

2023 cQ-1.2 s40

Title to quarry resources unaffected

41. Nothing in this Act affects the title of a person to quarry resources validly acquired in accordance with the law existing at the date of its acquisition.

2023 cQ-1.2 s41

Document delivery

42. (1) A document required to be delivered under this Act or the regulations may be

(a) personally delivered to the person's last known address;

(b) sent by registered mail to the person's last known address; or

(2) For the purpose of this section, where a document is sent

(a) by registered mail, it shall be considered to have been received on the fifth day after mailing; or

(b) electronically, it shall be considered to have been received on the day it is sent, if the document is sent by 4 p.m., or the next day that is not a Saturday, Sunday or holiday, if the document is sent after 4 p.m.

2023 cQ-1.2 s42

Fees and forms

43. The minister may set fees and establish forms for the purpose and administration of this Act and the regulations.

2023 cQ-1.2 s43

PART VII
APPEAL AND OFFENCES

Appeal

44. (1) A person who feels aggrieved by an order made under subsection 33(2) may, within 14 days of receipt of the order, appeal the order to a judge of the Supreme Court by filing a notice of the appeal with the Supreme Court and by serving a copy of that notice on the minister or the deputy minister of the department.

(2) Notwithstanding that an appeal has been made under this section, an order made under subsection 33(2) remains in effect pending the final decision on the appeal.

2023 cQ-1.2 s44

Offences

45. (1) A person who contravenes subsection 33(2) is guilty of an offence and is liable on summary conviction to a fine of not less than $15,000 and not more than $75,000 or to imprisonment for not less than 30 days and not more than 6 months or to both the fine and imprisonment.

(2) A person who contravenes subsection 20(1) or (2) is guilty of an offence and is liable on summary conviction

(a) for a first offence to a fine of not less than $15,000 and not more than $30,000 or to imprisonment for a term of not less than 30 days and not more than 90 days or to both the fine and imprisonment; and

(b) for a subsequent offence to a fine of not less than $30,000 and not more than $60,000 or to imprisonment for a term of not less than 30 days and not more than 6 months or to both the fine and imprisonment.

(3) A person who contravenes subsection 20(3) is guilty of an offence and is liable on summary conviction

(a) for a first offence to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term of not less than 30 days and not more than 90 days or to both the fine and imprisonment; and

(b) for a subsequent offence to a fine of not less than $5,000 and not more than $10,000 or to imprisonment for a term of not less than 30 days and not more than 6 months or to both the fine and imprisonment.

(4) A person who provides a false or misleading statement in a report under this Act is guilty of an offence and is liable on summary conviction

(a) for a first offence to a fine of not less than $150 and not more than $1,500; and

(b) for a subsequent offence to a fine of not less than $750 and not more than $7,500.

(5) A person who contravenes a section of this Act that is not referred to in subsections (1) to (4) is guilty of an offence and is liable on summary conviction

(a) for a first offence to a fine of not less than $150 and not more than $1,500; and

(b) for a subsequent offence to a fine of not less than $750 and not more than $7,500.

(6) Notwithstanding subsection (4), a person who provides a false or misleading statement in a production report is guilty of an offence and is liable on summary conviction

(a) for a first offence to a fine of not less than $3,000 and not more than $15,000 or to imprisonment for a term of not less than 30 days and not more than 90 days or to both the fine and imprisonment; and

(b) for a subsequent offence to a fine of not less than $15,000 and not more than $75,000 or to imprisonment for a term of not less than 30 days and not more than 6 months or to both the fine and imprisonment.

(7) Where a person provides a false or misleading statement in a production report that results in a royalty amount being paid that is less than the person is required to pay if the report had not contained a false or misleading statement, the court shall, in addition to imposing a fine under subsection (4), order the person to pay the additional amount of the royalty owing.

(8) For the purposes of subsections (2) to (7), an offence shall not be considered a subsequent offence unless it is committed within 5 years of the date of the last previous conviction.

(9) Where an offence under this Act or the regulations is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

(10) Where a corporation fails to pay a fine imposed under this section, the court which imposed the fine may order that the directors of the corporation, at the time the corporation was required to pay the money, are jointly and individually liable, together with the corporation, to pay the amount of the fine, and the court may order that where those directors fail to pay the fine imposed upon them by the court, that any or all of those directors be imprisoned for not more than 30 days.

(11) The court may, in addition to imposing a fine under subsection (2), order the person to restore the land to which the offence relates to a condition satisfactory to the minister and the person shall carry out the order of the court within the period of time that is considered reasonable by the court.

(12) Where a person fails to comply with an order under subsection (11), the minister may do the necessary work and charge the person the cost of it and that cost may be recovered as a debt due to the Crown.

(13) With respect to an offence under this Act or the regulations, a complaint may be made and a summons issued by means of a ticket under the Provincial Offences Act .

2023 cQ-1.2 s45

PART VIII
REGULATIONS

Lieutenant-Governor in Council regulations

46. The Lieutenant-Governor in Council may make regulations

(a) respecting the return or forfeiture of security deposits;

(b) prescribing additional matters to be considered by the minister when determining whether to issue an exploration licence, wayside permit or lease or to renew a lease;

(d) prescribing the factors to be considered by the minister when designating a quarry resource management area;

(e) prescribing royalties;

(f) exempting a person or class of persons from the payment of royalties;

(g) modifying a royalty amount and the persons or class or persons who are permitted to pay a modified royalty amount;

(h) defining a word or expression used but not defined in this Act; and

(i) generally, to give effect to the purpose of this Act.

2023 cQ-1.2 s46

Ministerial regulations

47. The minister may make regulations

(a) prescribing substances for the purposes of paragraph 2(1)(s);

(b) prescribing the information to be included in a plan referred to in paragraph 6(2)(e);

(d) prescribing additional requirements to be satisfied for the issuance of an exploration licence;

(e) prescribing the information to be included in reports referred to in paragraph 7(4)(a) and the time period in which the reports are to be submitted;

(f) prescribing mapping reference datum;

(g) prescribing additional requirements to be satisfied for the issuance of a wayside permit;

(h) respecting the extension of the term of a wayside permit;

(i) prescribing the information to be included in a production report and a compliance report and the time period in which the reports are to be submitted;

(j) prescribing the information to be included in a development, rehabilitation and closure plan;

(k) prescribing the additional requirements to be satisfied for the issuance of a lease;

(l) prescribing the additional requirements to be satisfied for the renewal of a lease;

(m) respecting exemptions from the requirements in subsection 11(3);

(n) prescribing standards for rehabilitation;

(o) prescribing additional requirements to be satisfied for the surrender of a wayside permit or lease;

(p) respecting the removal and sale of topsoil;

(q) respecting the preparation of reports referred to in paragraphs 26(1)(b) and 26(2)(b);

(r) prescribing time periods for the purposes of section 38;

(s) defining a word or expression used but not defined in this Act; and

(t) generally, to give effect to the purpose of this Act.

2023 cQ-1.2 s47

PART IX
TRANSITIONAL

Transitional

48. (1) On the coming into force of this Act, a valid exploration licence issued under the former Act shall continue to be valid as though it were an exploration licence issued under this Act until the exploration licence expires.

(2) On the coming into force of this Act, a valid quarry permit or a beach permit issued under the former Act shall continue to be valid as though it were a wayside permit issued under this Act until 2 years after the expiry date of the quarry permit or beach permit.

(3) On the coming into force of this Act, a person who holds a valid subordinate quarry permit issued under the former Act may continue to dig for, excavate, remove and dispose of quarry resources from the site where the person has the written permission of the person who holds the wayside permit for the site.

(4) On the coming into force of this Act, a valid quarry lease issued under the former Act shall, for the time period prescribed in subsection (6), continue to be valid as though it were a category B lease.

(5) Notwithstanding subsection (4), where the reported production in the preceding 5 year period was greater than 10,000 cubic metres in any year or the existing excavations were greater than 10 metres depth, the quarry lease shall, for the time period prescribed in subsection (6), continue to be valid as though it were a category A lease.

(6) For the purposes of subsections (4) and (5), a quarry lease issued under the former Act continues to be valid until whichever of the following occurs first:

(a) the quarry lease expires; or

(b) 5 years after the coming into force of this Act.

(7) Notwithstanding paragraph 2(1)(s), where a quarry permit or lease for the extraction of peat was issued under the former Act, the quarry permit, beach permit or lease continues to be valid until the earlier of

(a) 2 years after the coming into force of this Act; or

(b) the date the permit or lease expires.

(8) A person who was issued a mineral licence under the Mineral Act before the coming into force of this Act, continues to have the exclusive right to explore for dimension stone and gemstone in or around the area of land described in the mineral licence until the earlier of

(a) 5 years after the coming into force of this Act; or

(b) the date the mineral licence expires.

(9) Notwithstanding subsection (8), where a holder of a mineral licence wishes to develop or extract dimension stone or gemstone after the coming into force of this Act, the holder of the mineral licence shall apply for a lease under this Act.

2023 cQ-1.2 s48

PART X
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

RSNL1990 cH-4 Amdt.

49. Section 36 of the Historic Resources Act is amended by deleting the reference "Quarry Materials Act, 1998 " and substituting the reference "Quarry Resources Act ".

2023 cQ-1.2 s49

SNL1991 c36 Amdt.

50. (1) Subsection 15(1) of the Lands Act is amended by deleting the word "materials" and substituting the word "resources".

(2) Paragraph 15(2)(c) of the Act is repealed and the following substituted:

2023 cQ-1.2 s50

RSNL1990 cM-12 Amdt.

51. (1) Subparagraph 2(1)(f)(ii) of the Mineral Act is repealed and the following substituted:

(ii) quarry resources as defined in the Quarry Resources Act ,

(2) Subsection 43(5) of the Act is amended by deleting the words "quarry materials as defined in the Quarry Materials Act " and substituting the words "quarry resources as defined in the Quarry Resources Act ".

2023 cQ-1.2 s51

SNL1999 cM-15.1 Amdt.

52. (1) Subparagraph 2(f)(ii) of the Mining Act is repealed.

(2) Subparagraph 2(f)(iv) of the Act is repealed and the following substituted:

(iv) a right to minerals issued under an instrument other than the Mineral Act , and

(3) Paragraph 2(j) of the Act is amended by deleting the words "and includes quarry materials as defined under the Quarry Materials Act, 1998 ".

(4) Paragraph 12(2)(b) of the Act is amended by deleting the words "or quarry project".

2023 cQ-1.2 s52

SNL2009 cR-15.01
Amdt

53. (1) Section 2 of the Revenue Administration Act is amended by adding immediately after paragraph (q) the following:

(q.01) "dimension stone" means a natural stone or rock that has been selected, shaped and finished to specific sizes or shapes;

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

(a) "exploration expenditure" means an expenditure relating to prospecting, sampling, mapping, diamond drilling and other work involved in searching for ore in the province under

(i) a licence to explore for minerals issued under the Mineral Act ; or

(ii) a licence to explore for dimension stone or gemstone issued under the Quarry Resources Act ;

(3) Section 2 of the Act is amended by adding immediately after paragraph (aa) the following:

(aa.1) "gemstone" means a precious or semiprecious stone that is to be cut and polished for use in jewellery or ornaments but does not include diamonds, rubies, sapphires and emeralds;

(4) Paragraph 2(pp) of the Act is repealed and the following substituted:

(pp) "mineral" means

(i) mineral as defined in the Mineral Act,

(ii) dimension stone, and

(iii) gemstone;

(5) Paragraph 2(qq) of the Act is repealed and the following substituted:

(qq) "mining lease" means

(i) a mining lease issued under the Mineral Act ; or

(ii) a lease or wayside permit issued under the Quarry Resources Act in relation to dimension stone or gemstone;

(6) Section 2 of the Act is amended by deleting the word "and" at the end of paragraph (xxx) and adding immediately after paragraph (xxx) the following:

(xxx.1) "wayside permit" means a permit issued under section 8 of the Quarry Resources Act ; and

(7) Paragraph 81(1)(e) of the Act is repealed and the following substituted:

(e) withdrawals from

(i) a form of financial assurance referred to in subsection 10(3) of the Mining Act ; or

(ii) financial assurance referred to in subsection 6(3) and paragraphs 10(2)(g) and 11(2)(g) of the Quarry Resources Act where the financial assurance relates to dimension stone or gemstone; and

(8) Subsection 82(1) of the Act is amended by deleting the word "and" at the end of paragraph (e.1) and adding immediately after that paragraph the following:

(e.2) costs incurrent to obtain financial assurance required under subsection 6(3) and paragraphs 10(2)(g) and 11(2)(g) of the Quarry Resources Act where the financial assurance relates to dimension stone or gemstone; and

(9) Subsection 85(1) of the Act is repealed and the following substituted:

Mineral right tax

85. (1) A person who receives,

(a) from an operator or other person, consideration including a lump sum, periodic payment, rent, royalty or other income, which is contingent upon production of a mine, or computed by reference to the amount or value of production from a mining operation, for the grant or assignment of any right issued under

(i) the Mineral Act, or

(ii) the Quarry Resources Act in relation to dimension stone and gemstone,

including an exploration licence, a mining lease and any claim, permit or right held under them; or

(b) consideration under section 7 of the Undeveloped Mineral Areas Act , by way of payment to that person as owner of an undeveloped mineral area,

is liable for and shall pay to the Crown, in the manner and at the time set out in the regulations, an annual tax of 20% of the net revenue received for the consideration during that year.

2023 cQ-1.2 s53

NLR 54/03 Amdt.

54. Subsection 33(3) of the Environmental Assessment Regulations, 2003 under the Environmental Protection Act is repealed and the following substituted:

(3) An undertaking that will be engaged in the mining or quarrying of a quarry resource as defined in the Quarry Resources Act where that mining or quarrying operation covers an area that is more than 10 hectares shall be registered.

2023 cQ-1.2 s54

NLR 78/99 Amdt.

55. Section 2 of the Provincial Offences Ticket Regulations, 1999 under the Provincial Offences Act is amended by adding immediately after paragraph (h.2) the following:

(h.3) a provision of the Quarry Resources Act or a regulation made under that Act;

2023 cQ-1.2 s55

NLR 73/11 Amdt.

56. (1) Section 62 of the Revenue Administration Regulations under the Revenue Administration Act is substituted:

Application of Quarry Resources Act

62. (1) Where a person is subject to the Quarry Resources Act and is liable to pay royalties under that Act, that person is exempt from the payment of all taxes imposed by this Act in respect of those quarry resources.

2023 cQ-1.2 s56

SNL1998 cQ-1.1 Rep.

57. The Quarry Materials Act, 1998 is repealed.

2023 cQ-1.2 s57

Commencement

58. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

2023 cQ-1.2 s58

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