GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Indian Mining Regulations — 26
26 Where the Division Chief is satisfied that a lessee has complied with these Regulations and with the terms and conditions of his lease or any renewal thereof, he may, during the term of the lease, and shall, on the expiry or surrender thereof, direct that the security deposit or a portion thereof deposited pursuant to subsection 25(1) be returned to the lessee.
Indian Mining Regulations — 27
27 (1) During each year of the term of his lease and any renewal thereof, every lessee shall perform assessment work acceptable to the Supervisor of the value of $2 for each acre in the lease area, or of such other value as may be specified in the invitation to tender under section 5 or in the lease issued under section 6 or pursuant to section 19. (2) Where in his opinion assessment work performed near a lease area serves to evaluate the mineral potential of the lease area, the Supervisor may deem the whole or any part of the value of that work to be assessment work performed in the lease area.
Indian Mining Regulations — 28
28 (1) Where, during any year of a lease, assessment work of the value required under subsection 27(1) is not performed, the lessee shall make a cash payment to the Receiver General in an amount equal to the difference between the value of assessment work performed during that year and the value of the assessment work required to be performed. (2) Where the value of assessment work performed during any year of a lease exceeds the value of assessment work required to be performed under subsection 27(1), the Supervisor may credit the excess value of the assessment work performed to the value of the assessment work required to be performed pursuant to subsection 27(1) in any succeeding year or years up to 10 years from the year in which the assessment work was performed.
Indian Mining Regulations — 29
29 (1) Every lessee shall, within 90 days following the completion of each year of the term of his lease or any renewal thereof, forward to the Supervisor a certified statement in duplicate itemizing the assessment work performed and the cost of performing such work during the year most recently completed, together with any cash payment that may be required pursuant to subsection 28(1). (2) Every lessee shall, within six months following the completion of each year of the term of his lease or any renewal thereof, forward to the Supervisor copies in duplicate of all maps and technical information that serve to record the assessment work performed for the year most recently completed, together with a report of the results obtained from the performance of that assessment work.
Indian Mining Regulations — 31
31 Unless otherwise specified in the invitation to tender under section 5 or in the lease issued pursuant to section 6 or 19, every lessee shall pay royalties on all minerals to which he is entitled that have been obtained from his lease area at the rate of five per cent of (a) the gross revenue from the mineral output at the pithead, where the minerals are sold at the lease area before treatment; or (b) the market value of the mineral output at the pithead, where the minerals are not sold at the lease area before treatment.
Indian Mining Regulations — 32
32 Notwithstanding section 31, the rate of royalty may be altered by agreement between the Division Chief and the lessee from a rate based on a percentage of the gross revenue or of the market value to the equivalent rate per ton or per cubic yard of the mineral output at the pithead.
Indian Mining Regulations — 33
33 Any royalty rate based upon a weight or measure of mineral output shall be adjusted annually to conform to changes in a price index or other index that is published by Statistics Canada and is chosen by the Division Chief.
Indian Mining Regulations — 34
34 (1) During the term of his lease and any renewal thereof, a lessee shall forward to the Supervisor within 30 days after the expiry of each period of production a royalty payment in favour of the Receiver General in respect of that period together with a statement in duplicate showing the production and sales figures upon which the payment has been calculated. (2) Where the Supervisor is not satisfied with the amount of a royalty payment or with a statement forwarded by a lessee pursuant to subsection (1), he may require the lessee to submit further particulars in relation to the statement and, if then required by the Supervisor, the lessee shall adjust the amount of the royalty payment. (3) A period of production consists of the three calendar months ending on the last day of March, June, September and December or of such other period of time as the Supervisor may determine.
Indian Mining Regulations — 35
35 Every lessee, within 10 days from the commencement of production of any mineral from his lease area, shall (a) notify the Supervisor of the commencement of production; and (b) submit to the Supervisor such information with respect to his mining operations and production as the Supervisor may require.
Indian Mining Regulations — 36
36 (1) Where a lessee fails to pay rental as required by section 24 or to surrender his lease within 30 days from the date on which the rental becomes payable, he is liable to a penalty of five per cent of the amount of his rental. (2) Notwithstanding subsection (1), where in the opinion of the Division Chief a lessee has failed in respect of his lease to comply with any provision of these Regulations, the Division Chief may forward to the lessee written notice by registered mail advising him that unless he commences to remedy the failure within 30 days from the date of the mailing of the notice and continues diligently to remedy the failure his lease may be cancelled by the Minister. (3) Where a lessee has received a notice pursuant to subsection (2), he may, within 30 days from the date of the mailing of the notice, make written application to the Minister for a hearing to consider reasons why his lease should not be cancelled. (4) Upon receipt of an application made pursuant to subsection (3), the Minister shall appoint a time and place for a hearing and shall notify the lessee by registered mail of the time and place of the hearing not less than 10 days before the date thereof. (5) Where, in the opinion of the Minister, a lessee has failed to comply with the requirements of a notice mailed to him pursuant to subsection (2), or at a hearing held pursuant to this section does not show adequate reason why his lease should not be cancelled, the Minister shall cancel his lease.
Indian Mining Regulations — 37
37 The Division Chief may authorize the grouping of (a) a permit area or a lease area within a reserve with other permit areas or lease areas within the same reserve for the purpose of (i) providing a security deposit required under section 11 or 25, and (ii) assessment work required to be performed under sections 13 and 27; and (b) a lease area within a reserve with other lease areas within the same reserve for the purpose of qualifying for a renewal under subsection 23(2) or (3).
Indian Mining Regulations — 38
38 The Minister may authorize the grouping of a permit area or a lease area in a reserve with a permit area or lease area in another reserve or with a tract of land outside a reserve for the purpose of development or production of minerals under these Regulations, where councils of the bands for whose use and benefit the lands have been set apart in which the permit areas or lease areas are located, have approved a formula for determining the participation of the bands in revenues and other benefits derived from such development or production of minerals.
Indian Mining Regulations — 39
39 (1) A permittee or lessee may assign his permit or lease or any interest therein with the approval of the Minister. (2) Where an assignment of a permit or lease (a) has been approved by the Minister, (b) is unconditional, and (c) is accompanied by the registration fee set out in the schedule payable to the Receiver General, the assignment shall be registered in the register kept pursuant to section 55 of the Act.
Indian Mining Regulations — 40
40 (1) Where a permittee or lessee has complied with these Regulations and with the terms and conditions of his permit or lease, he may at any time surrender all or part of his permit area or lease area. (2) Subject to subsection 10(2), where a permit or lease is surrendered under subsection (1), no rental paid in relation to that permit or lease shall be returned to the permittee or lessee.
Indian Mining Regulations — 41
41 Where a person requires entry to a reserve in respect of which minerals have been surrendered or where a permittee or lessee requires use of land surface in a reserve for the purpose of development or production of minerals, he shall obtain a right of entry or right to use the land in accordance with any provisions that may be made by the Minister under the Act.
Indian Mining Regulations — 42
42 (1) The Supervisor may (a) enter upon and inspect any permit area, lease area or buildings and equipment thereon; (b) require a permittee or lessee to produce any technical, financial and other records relating to the exploration for or production of minerals from his permit area or lease area; and (c) take samples of minerals being produced and carry out any examination that, in his opinion, is necessary. (2) Every permittee or lessee shall render such assistance as the Supervisor may require in the performance of his duties.
Indian Mining Regulations — 43
43 (1) Upon the termination of his permit or extension thereof or of his lease or renewal thereof and at such other times as the Supervisor may request, a permittee or lessee, as the case may be, shall submit to the Supervisor plans and sections that show (a) the location of all mine workings; (b) the average valuable mineral content of all mine headings, backs and faces not currently being worked; and (c) the surface and underground plant, roads, railways, buildings and other structures or works situated in the permit area or lease area. (2) All plans and sections submitted pursuant to subsection (1) shall be submitted in duplicate and shall be drawn on a scale of one inch to 100 feet or on such other scale as the Supervisor may determine. (3) Where plans and sections submitted pursuant to subsection (1) are not satisfactory to the Supervisor, the Supervisor may require the permittee or lessee to submit further plans and sections.
Indian Mining Regulations — 44
44 Any technical information submitted by a permittee or lessee pursuant to these Regulations shall not, without the written consent of the permittee or lessee, be disclosed unless that information (a) relates only to a permit area or a portion thereof in respect of which the permit has expired or has been surrendered; or (b) relates only to a lease area or a portion thereof in respect of which the lease has expired or has been surrendered or cancelled.
Indian Mining Regulations — 45
45 Every permittee and every lessee shall pay all rates, assessments and taxes in respect of his permit area or lease area, and in respect of his operations under his permit or lease.
Indian Mining Regulations — 46
46 (1) Every permittee and every lessee may appeal to the Minister from any decision of the Division Chief or Supervisor, other than a decision made under section 5, 6 or 19. (2) Where an appeal is made under subsection (1), the Minister may make such order or declaration as he deems proper.
Indian Referendum Regulations — 1
1 These Regulations may be cited as the Indian Referendum Regulations .
Indian Referendum Regulations — 1.1
1.1 These Regulations apply to a referendum held under subparagraph 39(1)(b)(iii), subsection 39(2) or section 39.1 of the Act. SOR/2000-392, s. 1; SOR/2013-21, s. 1
Indian Referendum Regulations — 2
2 In these Regulations, Act means the Indian Act ; ( Loi ) Assistant Deputy Minister means the Assistant Deputy Minister, Lands and Economic Development; ( sous-ministre adjoint ) deputy electoral officer means a person appointed by an electoral officer for the purposes of a referendum; ( président du scrutin ) elector , in respect of a referendum, means an elector of the band in respect of which the referendum is being held; ( électeur ) electoral officer means the person in charge of the local office of the Department or any officer of the Department acting under the direction of the Minister or Assistant Deputy Minister for the purposes of a referendum; ( président d’élection ) mail-in ballot means a ballot delivered or mailed in accordance with subsection 5.1(1); ( bulletin de vote postal ) Minister [Repealed, SOR/2024-280, s. 3] prescribed [Repealed, SOR/2000-392, s. 2] proclamation [Revoked, SOR/94-369, s. 4] registry number means the number assigned to a person registered under section 5 of the Act; ( numéro de registre ) reserve , in respect of a referendum, means a reserve of the band that is holding the referendum; ( réserve ) surrender [Revoked, SOR/94-369, s. 4] voter declaration form means a document that sets out, or provides for, (a) the name of an elector, (b) the band membership or registry number of the elector or, if the elector does not have a band membership or registry number, the date of birth of the elector, (c) a statement that the elector has read and understood the information package regarding the proposed designation or surrender and has voted freely and without compulsion, and (d) the name, address and telephone number of a witness to the signature of the elector. ( formule de déclaration de l’électeur ) SOR/94-369, s. 4; SOR/2000-392, s. 2 SOR/2024-280, s. 3
Indian Referendum Regulations — Indian Referendum Regulations
Assistant Deputy Minister means the Assistant Deputy Minister, Lands and Economic Development; ( sous-ministre adjoint )
Indian Referendum Regulations — Indian Referendum Regulations
deputy electoral officer means a person appointed by an electoral officer for the purposes of a referendum; ( président du scrutin )
Indian Referendum Regulations — Indian Referendum Regulations
elector , in respect of a referendum, means an elector of the band in respect of which the referendum is being held; ( électeur )
Indian Referendum Regulations — Indian Referendum Regulations
electoral officer means the person in charge of the local office of the Department or any officer of the Department acting under the direction of the Minister or Assistant Deputy Minister for the purposes of a referendum; ( président d’élection )
Indian Referendum Regulations — Indian Referendum Regulations
mail-in ballot means a ballot delivered or mailed in accordance with subsection 5.1(1); ( bulletin de vote postal )
Indian Referendum Regulations — Indian Referendum Regulations
prescribed [Repealed, SOR/2000-392, s. 2]
Indian Referendum Regulations — Indian Referendum Regulations
proclamation [Revoked, SOR/94-369, s. 4]
Indian Referendum Regulations — Indian Referendum Regulations
registry number means the number assigned to a person registered under section 5 of the Act; ( numéro de registre )
Indian Referendum Regulations — Indian Referendum Regulations
reserve , in respect of a referendum, means a reserve of the band that is holding the referendum; ( réserve )
Indian Referendum Regulations — (a)
voter declaration form means a document that sets out, or provides for, (a) the name of an elector, (b) the band membership or registry number of the elector or, if the elector does not have a band membership or registry number, the date of birth of the elector, (c) a statement that the elector has read and understood the information package regarding the proposed designation or surrender and has voted freely and without compulsion, and (d) the name, address and telephone number of a witness to the signature of the elector. ( formule de déclaration de l’électeur )
Indian Referendum Regulations — 3
3 (1) The Minister may, at the request of the council of a band or whenever the Minister considers it advisable, order that a referendum be held under subparagraph 39(1)(b)(iii), subsection 39(2) or section 39.1 of the Act. (2) and (3) [Repealed, SOR/2000-392, s. 3] SOR/94-369, s. 4; SOR/2000-392, s. 3; SOR/2013-21, s. 2
Indian Referendum Regulations — 4
4 (1) At least 49 days before the day on which a referendum is to be held (a) where the band holding the referendum has assumed control of its own membership under section 10 of the Act, the band shall provide the electoral officer with a list of the names of all electors; and (b) where the Band List of the band holding the referendum is maintained in the Department under section 11 of the Act, the Registrar shall provide the electoral officer with a list of the names of all electors. (2) A voters list shall set out (a) the names of all electors, in alphabetical order; and (b) the band membership or registry number of each elector or, if the elector does not have a band membership or registry number, the date of birth of the elector. (3) On request, the electoral officer or deputy electoral officer shall confirm whether the name of a person is on the voters list. (4) The electoral officer shall revise the voters list where it is demonstrated that (a) the name of an elector has been omitted from the list; (b) the name of an elector is incorrectly set out in the list; or (c) the name of a person not qualified to vote is included in the list. (5) For the purposes of subsection (4), a person may demonstrate (a) that the name of an elector has been omitted from, or incorrectly set out in, the voters list by presenting to the electoral officer evidence from the Registrar or from the band that the elector is on the Band List, is at least 18 years of age and is qualified to vote at band elections; and (b) that the name of a person not qualified to vote has been included in the voters list by presenting to the electoral officer evidence that that person is not on the Band List, is not at least 18 years of age or is not qualified to vote at band elections. SOR/2000-392, s. 4
Indian Referendum Regulations — 4.1
4.1 At least 49 days before the day on which a referendum is to be held, the band shall provide the electoral officer with the last known addresses, if any, of all electors who do not reside on the reserve. SOR/2000-392, s. 4
Indian Referendum Regulations — 4.2
4.2 (1) At least 14 days before the day on which an information meeting for a referendum is to be held and at least 42 days before the day of the referendum, the electoral officer or deputy electoral officer shall (a) post a notice of the referendum and a list of the names of electors in at least one conspicuous place on the reserve; and (b) mail or deliver to every elector of the band who does not reside on the reserve and for whom an address has been provided (i) a notice of the referendum, (ii) a mail-in ballot, initialled on the back by the electoral officer, (iii) an outer, postage-paid return envelope, pre-addressed to the electoral officer, (iv) a second, inner envelope marked “Ballot” for insertion of the completed ballot, (v) a voter declaration form, (vi) a letter of instruction regarding voting by mail-in ballot, and (vii) an information package regarding the designation or surrender that is the subject of the referendum. (2) A notice of a referendum shall state (a) the question to be submitted to the electors; (b) the date on which the referendum will be held; (c) the location of each polling station and the hours that it will be open for voting; (d) that electors may vote either in person at a polling station in accordance with subsection 9(3) or by mail-in ballot; (e) the name and telephone number of the electoral officer; and (f) the date, time and location of the information meeting. (3) At the request of an elector who resides on the reserve, the electoral officer shall provide the elector with the material referred to in subsection (1)(b). (4) The electoral officer shall indicate on the voters list that a ballot has been provided to each elector to whom a mail-in ballot was mailed, delivered or otherwise provided, and keep a record of the date on which, and the addresses to which, each mail-in ballot was mailed or delivered. (5) An elector to whom a mail-in ballot was mailed, delivered or provided under subsection (1) or (3) is not entitled to vote in person at a polling station other than in accordance with subsection 9(3). SOR/2000-392, s. 4
Indian Referendum Regulations — 4.3
4.3 Before the day on which a referendum is to be held, the electoral officer shall ensure that at least one information meeting is held to provide electors with information regarding the designation or surrender that is the subject of the referendum. SOR/2000-392, s. 4
Indian Referendum Regulations — 5
5 (1) The electoral officer shall (a) prepare sufficient ballots, initialled on the back by the electoral officer, stating the question to be submitted to the electors; (b) and (c) [Repealed, SOR/2000-392, s. 5] (d) procure a sufficient number of ballot boxes; and (e) before the poll is open cause to be delivered to the deputy electoral officer the ballot papers and a sufficient number of lead pencils for marking the ballot papers. (2) and (3) [Repealed, SOR/2000-392, s. 5] SOR/2000-392, s. 5
Indian Referendum Regulations — 5.1
5.1 (1) An elector may vote by mail-in ballot by (a) marking the ballot by placing a check mark or other mark, clearly indicating the elector’s response to the question stated on the ballot; (b) folding the ballot in a manner that conceals the question and any marks, but exposes the initials on the back; (c) placing the ballot in the inner envelope and sealing that envelope; (d) completing and signing the voter declaration form in the presence of a witness who is at least 18 years of age; (e) placing the inner envelope and the completed, signed and witnessed voter declaration form in the outer envelope; and (f) delivering or, subject to subsection (6), mailing the outer envelope to the electoral officer before the time at which the polls close on the day of the referendum. (2) Where an elector is unable to vote in the manner set out in subsection (1), the elector may enlist the assistance of another person to mark the ballot and complete and sign the voter declaration form in accordance with subsection (1). (3) A witness referred to in paragraph (1)(d) shall attest to (a) the fact that the person completing and signing the voter declaration form is the person whose name is set out in the form; or (b) where the elector enlisted the assistance of another person under subsection (2), the fact that the elector is the person whose name is set out in the form and that the ballot was marked according to the directions of the elector. (4) An elector who inadvertently spoils a mail-in ballot may obtain another ballot by returning the spoiled ballot to the electoral officer. (5) An elector who loses a mail-in ballot may obtain another ballot by delivering to the electoral officer a written affirmation that the elector has lost the mail-in ballot, signed by the elector in the presence of the electoral officer, a justice of the peace, a notary public or a commissioner for oaths. (6) Mail-in ballots that are not received by the electoral officer before the time at which the polls close on the day of the referendum are void and shall not be counted as a vote cast. SOR/2000-392, s. 6 SOR/2024-280, s. 4
Indian Referendum Regulations — 5.2
5.2 The electoral officer shall establish at least one polling station on the reserve. SOR/2000-392, s. 6
Indian Referendum Regulations — 6
6 The electoral officer or the deputy electoral officer shall provide a compartment at each polling place where the elector can mark his ballot paper free from observation.
Indian Referendum Regulations — 7
7 The electoral officer or the deputy electoral officer shall, immediately before the opening of the poll, open the ballot box and call upon such persons who may be present to witness that it is empty and shall then lock and properly seal the box and place it in view for the reception of the ballots.