Regulations Respecting the Leasing of Mineral Rights on Certain Public Lands
P.C. 1995-2201 1995-12-20
His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources and the Treasury Board, pursuant to paragraphs 16(2)(a) and (j) of the Federal Real Property ActFootnote *, is pleased hereby to repeal the Public Lands Mineral Regulations, C.R.C., c. 1325, and to make the annexed Regulations respecting the leasing of mineral rights on certain public lands in substitution therefor.
Return to footnote *S.C. 1991, c. 50
2 In these Regulations,
lease means a lease granted under section 3; (bail)
mineral means any naturally occurring homogeneous constituent of the lithosphere, but does not include petroleum, natural gas or related hydrocarbons, soil, peat, groundwater or non-hydrocarbon gases; (minéral)
Minister means the Minister of Natural Resources. (ministre)
3 Subject to these Regulations, the Minister may, by way of lease, grant to any person the exclusive right to search for, win and take one or more minerals, the property of the Crown in right of Canada, within, upon or under lands in any province.
4 (1) Subject to subsection (2), no lease shall be granted by the Minister unless the Minister has called for tenders and the grantee is the person making the highest tender.
(2) The Minister may grant a lease without calling for tenders where the grantee is the registered owner of the surface rights of the lands under which the minerals are situated.
5 (1) Subject to this section, every lease shall be in the form set out in Schedule I and shall provide for the payment by the lessee of a rental of not less than $1 per acre per year.
(2) A lease may provide that the lessee’s exclusive right to search for, win and take a mineral or minerals specified in the lease, is limited to a geological zone or other volume of rock within, upon or under the lands in the province described in the lease.
(3) Where a lease grants an exclusive right to search for, win and take two or more minerals, the lease may limit such right to those minerals when found in conjunction with each other.
(4) Where, in the opinion of the Minister, special circumstances make a lease in the form set out in Schedule I inappropriate, the Minister may enter into a lease that differs from the form set out in Schedule I to such extent and in such manner as in the Minister’s opinion is necessary to take into account the special circumstances, except that
(a) the rental payable under the lease shall not be less than the minimum rental specified in subsection (1); and
(b) the lease may provide for the payment of a royalty other than as provided in the form of lease set out in Schedule I, only when the Minister deems it necessary in order to implement an agreement entered into pursuant to section 6.
6 (1) In order to conserve mineral resources and to secure the orderly and regular development and the most efficient economic recovery thereof, the Minister may from time to time enter into an agreement with persons entitled to search for, win and take minerals for the consolidation, merger or combination of their interest, whether such purpose is accomplished by unit operations, cooperative development or joint participation.
(2) For the purpose of implementing an agreement entered into pursuant to subsection (1), the Minister may, with the consent of the lessee, amend any lease in any manner that the Minister deems necessary, except that the lease shall not be amended to provide for payment of a rental that is less than the minimum rental specified in subsection 5(1).
- SOR/2006-93, s. 1(F)
7 Fees in accordance with Schedule II shall be charged for the execution of documents.
- Date modified: