Minerals - Introduction
History
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Dr. Abraham Gesner was the first to be appointed as
Provincial geologist by the New Brunswick Government. Gesner
carried out extensive investigations and published several
reports on his findings, concluding that New Brunswick is
abundantly stored with valuable minerals and those elements
that are capable of elevating the character of the country,
and of supplying the means of strength and greatness. If you
wish to obtain a copy of Gesners Dream or other available
publications about the
history
of minerals and mining in New Brunswick, please contact
geoscience@gnb.ca.
If you are interested in obtaining information about the geological
history of New Brunswick, The Last Billion Years is available from the
Atlantic Geoscience Society. For ordering information, please contact
them directly. |
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Mineral
Definition and Ownership
As defined under the
Mining Act, most minerals are owned by the Crown; however, some
land grants reserved only specific minerals to the Crown and therefore other
minerals were, in fact, transferred to the grantee. Prior to 1810, it was
common for gold and silver and a few other minerals to be reserved to the
Crown.
The Mining Act defines a mineral as any natural, solid, inorganic or
fossilized organic substance and such other substances as are prescribed by
regulation to be minerals, but does not include:
- Sand, gravel, ordinary stone, clay or soil unless it is to be used for
its chemical or special physical properties, or both, or where it is taken
for contained minerals,
- Ordinary stone used for building or construction,
- Peat or peat moss,
- Bituminous shale, oil shale, albertite or intimately associated
substances or products derived there from,
- Oil or natural gas, or
- Such other substances as are prescribed by regulation not to be
minerals.
Crown-owned minerals are property separate from the soil; that is, a
landowner owns the surface rights but does not own minerals unless some
minerals were granted with the land and each conveyance since the granting
has preserved the ownership of those minerals.
By means of the Mining Act, the Province makes Crown-owned minerals
available for exploration and development. Prospectors (persons or companies
who hold prospecting licences), holders of claims and holders of mining
leases have the right to prospect, explore, mine and produce those minerals,
whether they are on Crown-owned or privately-owned lands. They also have the
right of access to the minerals; however, they are liable for any damage
they cause.
Exceptions:
All Crown-owned minerals are available for prospecting and staking except
in:
- Lands withdrawn from staking for all or certain minerals, e.g., coal and
potash are currently withdrawn from prospecting and staking.
- Lands already staked or leased.
- Indian reserves. Minerals in Indian reserves are administered through
the
Indian Act of Canada.
- National and Provincial Parks, Protected Natural Areas, and Military
Lands.
Legislation
The following is the list of Acts, Regulations and Policies pertaining to
Minerals exploration in the Province. This is provided for general public
information only. Legal details can be obtained directly by clicking the
links which will direct you to the appropriate resource information on the
Department of Justice web site.
Ownership of Minerals Act
The
Ownership of Minerals Act O-6 provides the Lieutenant-Governor in
Council with the authority to declare all or any minerals, whether owned by
the Crown or by any other person, existing in a natural state beneath the
surface of the land anywhere in the Province, or in any designated area in
the Province, to be property separate from the soil and to vest in the Crown
in right of the Province all or any of such minerals or any part thereof
notwithstanding that all or any of such minerals or any part thereof are
claimed by any person through the express words of any instrument,
enactment, law or otherwise howsoever. The Act also provides for
compensation to persons sustaining loss or damage by reason of any order
made under this Act and the amount thereof and prescribes the terms and
conditions under which any claim may be made, or compensation may be made,
for loss or damage sustained by reason of any order made under this Act.
The Mining Act
The
Mining Act provides the Minister of Natural Resources with the
authority to manage tenure, exploration, development and production of the
Provinces Crown-owned minerals and all mines, whether they are owned by the
Crown or not. The associated Regulations, Policies and Guides are listed as
follows:
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General Regulation 86-98 establishes fees, charges, rentals,
royalties and interest, and provides details on the procedures for
staking and recording mineral claims, work requirements, reports of
work; mining, development and reclamation; security, confidentiality and
special lands.
- Forms
Regulation 86-99 provides authority for the forms that are used under
the Act.
Metallic Minerals Tax Act
The
Metallic Minerals Tax Act provides the Minister of Finance with the
authority to collect royalties/taxes for the production and sale of metallic
minerals in New Brunswick. The regulations associated to this act are:
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Interest Rate Regulation 82-211 establishes the process to determine the
interest rate to be charged on over due accounts on royalties/taxes payable
under the Metallic Minerals Tax Act.
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Remittance Regulation 83-70 provides details on the remittance of
royalties/taxes due and payable under the Metallic Minerals Tax Act.
- General
Regulation 88-97 includes the definition of depreciable assists and
eligible exploration expenditures.
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Excluded Minerals Regulation 84-127 provides a list of the minerals that
are excluded from the operation of the Metallic Minerals Tax Act.
Policies:
Also, the following guides may be used to help you
understand mine approval and development processes:
Abandoned Mines
There are more than 375 mine openings at 63 separate mine sites in the
Province. Most of these openings are on private land. Many of them predate
modern safety rules. They are dangerous!
Read more.
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