The board, appointed by the Lieutenant Governor in Council, shall consist of 3 persons, at least 1 of whom is a barrister, who shall be chairperson, and 1 of whom is experienced in mining.
The Board hears and resolves disputes related to application of the Mineral Act and Regulations. This includes matters relating to the right of persons to stake claims and be issued mineral licenses to those claims, matters relating to the cancellation of mineral licenses and mining leases and decisions by the Minister of Natural Resources relating to the transfer, mortgage or assignment of mineral licenses.
Section 38 of the Act gives the board exclusive jurisdiction to hear and resolve disputes related to application of the Mineral Act and Regulations
Jurisdiction of board
38. (1) It is the function of the board and the board has exclusive jurisdiction to hear and determine a question, dispute or matter arising out of the application of this Act and those provisions of the regulations pertaining specifically to this Act, including hearing and determining on
(a) the rights of persons to the issuing of licences, certificates and leases, including extensions of licences and leases;
(a.1) the suspension and reinstatement of a person’s right to stake out claims;
(a.2) a decision by the minister to withhold approval of a transfer, assignment, mortgage, pledge or conveyance of a licence;
(b) [Rep. by 2008 c53 s17]
(c) questions of priority for the right to obtain licences;
(d) all matters respecting the cancellation of licences and leases, including allegations of default of the conditions of licences and leases, and whether a misrepresentation by applicants for licences or leases is material;
(e) the right of persons to certificates;
(f) a question pertaining to security deposits required to be made by applicants for licences, including rights to refund and forfeitures to the Crown and amounts of refund and forfeiture; and
(g) other matters pertaining to the rights, privileges, obligations or duties of persons claiming or holding licences or leases conferred or imposed under this Act whether or not specifically referred to in paragraphs (a) to (f) of this section.
(2) The board does not have the jurisdiction to hear or determine a question, matter or dispute relating to an order made under section 31.1 or to the cancellation of a lease where that cancellation results from an order made under section 31.1.
(3) It is the function of the board and the board has exclusive jurisdiction to hear and determine a question, dispute or matter arising out of the application of the Mining Act and the regulations under that Act.
Section 37 of the Mineral Act (the Act) gives authority to the Lieutenant Governor in Council to appoint a board, known as the Mineral Rights Adjudication Board (the Board). The Board is conferred powers under the Public Inquiries Act and the Public Investigations Evidence Act to enable it to conduct hearings on matters under its jurisdiction.
Mineral Rights Adjudication Board
37. (1) There shall be a board, known as the Mineral Rights Adjudication Board, appointed by the Lieutenant-Governor in Council consisting of 3 persons, at least 1 of whom is a barrister, who shall be chairperson, and 1 of whom is experienced in mining.
(2) The members of the board shall
(a) hold office for a period of 3 years from the date of their appointment, and shall be eligible for reappointment;
(b) carry out the function and duties required of the board by this Act and the regulations; and
(c) be entitled to payment for remuneration, travel expenses and other outlays incurred by them in the performance of their duties that are fixed by the Lieutenant-Governor in Council.
(3) Where a member of the board stops being a member, or refuses or is unable because of illness or disqualification or other cause to act as a member, the Lieutenant-Governor in Council shall remove the member who refuses or is unable to act, and shall immediately fill the vacancy created by the cessation or removal.
(4) Notwithstanding subsection (3), the minister may, where he or she is of the opinion that a member of the board is unable because of temporary indisposition to act as a member for a period not exceeding 6 months, with the approval of the Lieutenant-Governor in Council, appoint a member to act in his or her place for a period, not exceeding 6 months that may be specified in the appointment.
(5) For the purposes of enabling the board to determine questions within its jurisdiction, the board and each member is vested with all the powers that are conferred on commissioners under the Public Inquiries Act and, if the regulations confer upon the board the power of an investigating body within the meaning of the Public Investigations Evidence Act, it is vested with all the rights of a body under that Act.
Those who make up the Board should collectively possess the following core competencies.
The Board is only convened when a grievance is brought forward. In the last twelve years the Board has heard three grievances, with hearings varying in length from a half day to several days. Board members may also be expected to spend additional time to review materials and prepare for hearings.
The Act stipulates that members of the Board shall hold office for a period of three years from the date of their appointments.
The Mineral Rights Adjudication Board is seeking to fill two positions on a temporary basis (up to six months). Expressions of interest are being sought from individuals who possess the background, experience and skill-set identified in the board profile. Consideration will also be given to a variety of demographic factors to ensure the board is representative of the population they serve.