139.0.1 (1) Activity that would otherwise be “mine production” as defined in section 139 is deemed not to be mine production and is instead deemed for the purposes of this Act to be activity that has been prescribed for the purposes of section 78.2, 78.3 or both, as determined by the Director, if the Director determines, on application under subsection (3), that, (a) the mineral or mineral-bearing substance that is intended to be sold or stockpiled for future sale is the end product of mining, milling and refining carried out for the purpose of testing mineral content; and (b) but for the intended sale of the mineral or mineral-bearing substance, the activity would constitute activity that has been prescribed for the purposes of section 78.2, 78.3 or both, as the case may be. 2021, c. 34, Sched. 12, s. 5. Deemed advanced exploration (2) Activity that would otherwise be “mine production” as defined in section 139 is deemed not to be mine production and is instead deemed for the purposes of this Act to be advanced exploration, if the Director determines, on application under subsection (3), that, (a) the mineral or mineral-bearing substance that is intended to be sold or stockpiled for future sale is the end product of mining, milling and refining carried out for the purpose of testing mineral content; and (b) but for the intended sale of the mineral or mineral-bearing substance, the activity would constitute “advanced exploration” as defined in section 139. 2021, c. 34, Sched. 12, s. 5. Application (3) A proponent may apply to the Director in accordance with the regulations for a determination under subsection (1) or (2). 2021, c. 34, Sched. 12, s. 5. Considerations (4) In making the determination, the Director shall consider, (a) the purpose of this Act; (b) whether Aboriginal consultation has occurred in accordance with any prescribed requirements; and (c) any other prescribed matter. 2021, c. 34, Sched. 12, s. 5. Determinations (5) A determination of the Director under subsection (1) or (2) shall be in writing. 2021, c. 34, Sched. 12, s. 5. Additional requirements for proponents (6) A proponent in respect of whom a deeming under subsection (1) or (2) applies, (a) shall pay to the Crown any amounts received by the proponent, directly or indirectly, for the sale of the mineral or mineral-bearing substance that exceed the cost to the proponent of any related consultation with Aboriginal communities and the related excavation, processing, transportation, testing, evaluation and rehabilitation; (b) shall, in accordance with the regulations, report the prescribed information to the Director; and (c) shall comply with any requirements imposed by the Director for the purposes of this section, in the time and manner specified by the Director. 2021, c. 34, Sched. 12, s. 5; 2022, c. 2, Sched. 10, s. 1. Deeming ceases to apply (7) If, despite the application of a deeming under subsection (1) or (2), the proponent meets the requirements of paragraphs 1 to 4 of subsection 141 (1) with respect to the deemed activity, subsection (1) or (2), as the case may be, ceases to apply to the activity as of the date of the written confirmation given by the Director under clause 141 (2) (a). 2021, c. 34, Sched. 12, s. 5. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 12, s. 5 - 01/04/2022 2022, c. 2, Sched. 10, s. 1 - 01/04/2022 2023, c. 6, s. 28 (1)
- not in force Progressive Rehabilitation