This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date.

Mineral Prospectors Act

[RSBC 1979] CHAPTER 262

Contents
Section
  1.  Interpretation
  2.  Director appointed
  3.  Application for grant
  4.  Maximum grant
  5.  Purpose of grant
  6.  Conditions of grant
  7.  Prospectors' courses
  8.  Regulations

Interpretation

1.  In this Act

"director" means the Director of Prospectors Assistance appointed under section 2;

"minister" includes a person designated in writing by the minister;

"prospector" means a person other than a corporation, as defined in the Company Act, who holds a valid and subsisting free miner certificate under the Mineral Tenure Act, and is actively engaged in prospecting for minerals.

Historical Note(s): 1974-68-1; 1988-5-68.

Director appointed

2.  (1) The minister shall, under the Public Service Act, appoint a Director of Prospectors Assistance, who shall, under the direction of the minister, administer this Act.

(2) The minister may, subject to the Public Service Act, appoint other officers and employees required to carry out the purposes of this Act.

Historical Note(s): 1974-68-2.

Application for grant

3.  (1) A prospector may apply to the director in the form and manner prescribed by the minister for a grant of prospectors assistance under this Act.

(2) Under the direction of the minister, the director may, if he is of the opinion that the prospector

(a) qualifies under this Act or the regulations; and

(b) has adequate experience, training and understanding of prospecting,

grant to the prospector financial assistance in an amount and subject to the conditions determined by the director in accordance with the regulations.

Historical Note(s): 1974-68-3.

Maximum grant

4.  (1) The director shall not grant assistance in an amount greater, in the aggregate, than $4 000 to any one prospector in any one year, unless otherwise authorized in writing by the minister.

(2) Notwithstanding subsection (1), the Lieutenant Governor in Council may authorize the minister to grant additional funds for exploring and developing a mineral property.

Historical Note(s): 1974-68-4.

Purpose of grant

5.  (1) The grant of assistance under this Act shall be used for prospecting and exploring for minerals in the Province or for travelling and training for those purposes under the conditions determined by the director in accordance with the regulations.

(2) The director may require a prospector to provide an undertaking, in the form and manner the minister may prescribe, that no part of the grant of assistance under this Act will be used for a purpose other than that prescribed in this Act, the regulations or the conditions determined by the director.

(3) Every person commits an offence who

(a) refuses or neglects to carry out an undertaking given to the director under subsection (2); or

(b) obtains or uses a grant of assistance given under this Act for a purpose other than that for which it was given.

Historical Note(s): 1974-68-5.

Conditions of grant

6.  It shall be a condition of a grant of assistance under this Act that the Crown in right of the Province, represented by the minister, has the right to examine and evaluate a mineral property prospected or explored by the prospector during the year in which a grant is paid to him.

Historical Note(s): 1974-68-6; 1976-41-1.

Prospectors' courses

7.  (1) The Lieutenant Governor in Council, on the recommendation of the minister, may establish, equip, maintain and operate at suitable locations in the Province prospectors' training courses at which prospectors may gain knowledge and training in prospecting and mineral exploration techniques and obtain the qualifications which may entitle them to assistance under this Act.

(2) The minister may authorize the director, in the proper case, to give a grant under this Act to a prospector to attend a training course on prospecting.

Historical Note(s): 1974-68-7.

Regulations

8.  (1) The Lieutenant Governor in Council may make regulations.

(2) Notwithstanding subsection (1), the minister may make the regulations he is authorized to make under this Act.

Historical Note(s): 1974-68-8.