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| This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date. |
1. (1) There shall be a ministry of the public service called the Ministry of Energy, Mines and Petroleum Resources.
(2) The minister shall preside over and be responsible to the Lieutenant Governor in Council for the direction of the ministry.
(3) The minister shall establish within the ministry a Mineral Resources Branch, a Petroleum Resources Branch and any other branches or divisions he considers advisable.
Historical Note(s): 1973-111-2; 1977-75-1; B.C. Reg. 91/79.
2. (1) A deputy minister of the ministry and other employees required to carry out the proper business of the ministry may be appointed under the Public Service Act.
(2) [Repealed 1985-15-33, effective March 2, 1987 (B.C. Reg. 248/86).]
(3) The minister may contract with any person for the provision to the ministry of consultant, specialist or temporary services.
Historical Note(s): 1973-111-3; 1977-50-1; 1977-75-1; 1985-15-33, effective March 2, 1987 (B.C. Reg. 248/86).
3. (1) A deputy minister or other employee in the ministry shall not acquire, directly or indirectly, any interest in any mining or petroleum resource property, or the controlling interest in any corporation carrying on a business relating to mining or petroleum resources in the Province.
(2) A deputy minister or other employee in the ministry shall not, without the minister's consent, hold any authority from the Crown in right of the Province for a mineral or petroleum resource or their use, or engage or acquire any interest in a business in the Province having as one of its objects the exploration, development, production, storage or sale of minerals or petroleum resources.
(3) Notwithstanding subsections (1) and (2) or any Act, where the Crown in right of the Province has a controlling interest in a corporation, a deputy minister or employee of the ministry who is appointed by the corporation as a director or officer of the corporation may, with the minister's consent, act as a director or officer of that corporation.
(4) A person referred to in subsection (3) shall not accept remuneration from the corporation other than his reasonable travelling and out of pocket expenses necessarily incurred in discharging his duties. Remuneration to which a director or officer of the corporation is entitled as a director or officer shall be paid by the corporation to the Minister of Finance.
Historical Note(s): 1973-111-4; 1977-75-1.
4. The duties, powers and functions of the minister extend to and include all matters relating to energy, mineral resources and petroleum resources that are assigned to the minister by any Act or by the Lieutenant Governor in Council, and that are not, by law or by the Lieutenant Governor in Council, assigned to another minister, ministry, branch or agency of the Province.
Historical Note(s): 1973-111-5; 1977-75-1; B.C. Reg. 92/79.
5. The purpose and functions of the ministry are, under the direction of the minister, to
(a) prepare and develop comprehensive policies on energy, mineral and petroleum resources in the Province, and to make reports and recommendations for their implementation;
(b) initiate and carry out any investigation, research, study or inventory respecting mineral and petroleum resources, and on energy facilities and future requirements for the Province;
(c) collect and circulate the information acquired;
(d) administer Acts and regulations assigned to the minister under section 4, and discharge other duties assigned to the minister by the Lieutenant Governor in Council;
(e) regulate all mining activity; and
(f) establish energy services for ministries of the Province, and for that purpose to obtain from them information about their projects, programs and requirements involving energy.
Historical Note(s): 1973-111-6; 1973-112-5; 1977-50-2; 1977-75-1; B.C. Reg. 92/79.
6. To carry out his duties, functions and powers relating to energy, the minister may
(a) acquire and dispose of property; and
(b) expend capital sums required for the purpose of this section out of money appropriated by the Legislature for the purpose.
Historical Note(s): 1973-112-6; 1976-18-6; B.C. Reg. 92/79.
6.1 (1) In this section
"energy resources" includes electricity, petroleum products and natural gas;
"petroleum products" means petroleum, gasoline, naphtha, benzene, kerosene, lubricating oils, stove oil, fuel oil, furnace oil, paraffin, aviation fuels, butane, propane and other liquefied petroleum gas, and all derivatives of petroleum and all products obtained from petroleum, whether or not blended with or added to other things.
(2) When the minister considers that actual or anticipated shortages of energy resources or disturbances in the energy resources markets affect or may affect the social and economic well being of the Province, the minister may declare in writing that an emergency under this section exists.
(3) Where the minister has made a declaration under subsection (2), he may make regulations he considers necessary or advisable for the purpose of controlling and regulating the use and supply of, and the demand for, energy resources in the Province.
(4) The power given by subsection (3) includes but is not limited to the power to make regulations conferred by section 41 of the Interpretation Act.
(5) A declaration under subsection (2) is a regulation under the Regulation Act.
Historical Note(s): 1982-54-31, proclaimed effective July 28, 1982; 1982-71-1, proclaimed effective June 30, 1983.
7. (1) The Lieutenant Governor in Council may, by order and subject to terms he prescribes, authorize the minister to
(a) employ persons necessary to initiate and carry out investigations and inquiries
(i) under section 5 (b),
(ii) into any Crown corporation, Crown society or Crown agency specified in the order, or
(iii) into any matter arising under any Act administered by the minister,
(b) confer on persons employed under paragraph (a) the powers, privileges and authority conferred on a commissioner under sections 12, 15 and 16 of the Inquiry Act;
(c) order, in connection with an investigation or inquiry under paragraph (a), that a corporation, society or agency of the Crown specified in the order or its employee or any employee of the Crown or any public officer answer questions and supply information relevant to the investigation or inquiry, and
(d) impose limits on the amounts that may be expended on an investigation or inquiry by a person employed under paragraph (a).
(2) The Lieutenant Governor in Council may, in an order under subsection (1),
(a) authorize the minister or person carrying out the investigation or inquiry to determine by whom, to whom, in what amount and at what time the costs incidental to the investigation or inquiry, including the administrative costs of carrying out the investigation or inquiry, are to be paid, and
(b) prescribe limits on and the manner of determining the amount of the costs referred to in paragraph (a).
(3) For the purposes of this section "administrative costs of carrying out the investigation or inquiry" means
(a) costs incurred by the person carrying out the investigation or inquiry for the services of counsel, consultants and experts engaged by him in connection with the investigation or inquiry;
(b) the remuneration of the person carrying out the investigation or inquiry in an amount or at a rate that does not exceed an amount or rate specified by the Lieutenant Governor in Council, and
(c) such other necessary expenses, attributable to the investigation or inquiry, as the Lieutenant Governor in Council specifies.
Historical Note(s): 1982-71-2, proclaimed effective June 30, 1983.
8. (1) The minister, and each employee in the ministry authorized by the minister, may enter any mining or petroleum resources property, and any plant, office or facility relating to it, to make inquiries and examinations, to inspect property and records and to take samples required for the purpose of this Act.
(2) An owner, holder, occupant or user of a mining or petroleum resources property, and his managers and agents, shall admit to all parts of the property and every plant, office and facility relating to it the minister and any employee of the ministry for the purpose of this section.
(3) A person who contravenes subsection (2) or refuses or neglects to do anything to enable the minister or an employee of the ministry to make an entry, inquiry, examination or inspection, make copies of records or to take samples required for the purpose of this Act, commits an offence and is liable on conviction to a fine of not less than $50 and not more than $500 for each day the offence continues.
Historical Note(s): 1973-111-9; 1977-75-1.
9. (1) An owner, holder, occupant or user of a mining or petroleum resources property, a person engaged in exploration for, development, production, processing, refining, transporting, marketing and selling of mineral or petroleum resources, and his agent, shall promptly supply data and answer in writing, to the best of his knowledge and belief, official inquiries about the property or work from the minister or a person authorized by the minister.
(2) A person who contravenes this section commits an offence.
(3) In this section "petroleum resources" includes petroleum products as defined by section 6.1.
Historical Note(s): 1973-111-10; 1977-50-4; 1982-54-32, proclaimed effective July 28, 1982.
10. Each record prepared or submitted by the deputy minister or another employee of the ministry under the direction of the minister or under the regulations is absolutely privileged, and no action or proceeding may be brought against the deputy minister, other employee or another person employed or acting under this Act on the record so prepared or submitted.
Historical Note(s): 1973-111-11; 1977-75-1.
11. The minister may, with the consent of the Lieutenant Governor in Council, enter into arrangements or agreements with Canada, with another province or state or with their departments or agencies, that he considers necessary or advisable to carry out his powers and duties, to exchange information and statistics or for any other joint action.
Historical Note(s): 1973-111-12.
12. The minister may, with the approval of the Lieutenant Governor in Council, authorize loans, guarantees, investments, grants and the expenditure of money for the design, construction, reconstruction and repair of trails, roads, bridges, rails, utilities and other works to facilitate exploration and development of energy, mineral and petroleum resources in the Province.
Historical Note(s): 1985-75-12, effective March 10, 1986 (B.C. Reg. 39/86).
13. In sections 13 to 20
"assay" means the quantification of an element in a sample of rock, mineral, ore or metallurgical product;
"assayer" means a person who performs an assay;
"board" means the board of examiners appointed under section 19;
"certificate" means a certificate of qualification as an assayer granted under section 15, 16 or 20 (5);
"certified assayer" means a person holding a certificate.
Historical Note(s): 1977-50-5.
14. (1) Twice each year, or more frequently as the minister directs, the board shall conduct examinations in the practice of assaying and in other related subjects that the minister directs.
(2) A candidate for an examination shall pay the prescribed fee before being examined.
Historical Note(s): 1977-50-5.
15. The minister shall grant a certificate to a person who passes the examination required by section 14. A certificate of efficiency granted under a former enactment, and not revoked or suspended, is deemed a certificate under this Act.
Historical Note(s): 1977-50-5.
16. The minister may grant a certificate without examination to a person who, on application and payment of the prescribed fee, satisfies the board
(a) that he has practical experience in chemical analysis and assaying, and has successfully completed courses in those subjects at a school recognized by the board; and
(b) that the practical experience, courses and examinations at the school are adequate to ensure accurate assaying.
Historical Note(s): 1977-50-5.
17. A certificate granted under section 15 or 16 is evidence that the person named in it is qualified to perform assays.
Historical Note(s): 1977-50-5.
18. (1) A person shall not, unless he holds a certificate granted under this Act,
(a) by advertisement or otherwise, offer his services as a certified assayer;
(b) ask or receive payment for performing an assay, not performed under the supervision of a certified assayer; or
(c) give a written statement of the result of an assay performed by him.
(2) A person who contravenes this section commits an offence.
(3) This section does not apply to a person
(a) holding a certificate of efficiency granted under a prior enactment on assayers; or
(b) practising as an assayer immediately prior to September 1, 1979, so long as he is granted a certificate within one year after that date.
Historical Note(s): 1977-50-5.
19. (1) The minister shall appoint a board of examiners consisting of a chairman and 2 other persons, each of whom the minister believes has the qualifications to act as an examiner under section 14.
(2) Each board member shall be appointed during the pleasure of the minister but for a term not exceeding 3 years.
(3) Each board member shall be reimbursed for his reasonable travelling and out of pocket expenses necessarily incurred in discharging his duties, and in addition may be paid remuneration determined by the minister.
Historical Note(s): 1977-50-5.
20. (1) A candidate who fails an examination or is refused examination by the board may appeal to the minister.
(2) The candidate must serve the minister and the board with a notice of appeal within 30 days after the decision or refusal.
(3) The minister shall hear the appeal within 60 days after receiving the notice of appeal and shall make his decision known to the candidate within 15 days after the hearing.
(4) The candidate and the board are entitled to attend and be represented at the hearing before the minister.
(5) On hearing the appeal the minister may
(a) grant the candidate a certificate;
(b) order the board to mark the examination again;
(c) order the board to examine or re-examine the candidate; or
(d) confirm the board's decision.
(6) The minister's decision on the appeal is final and not subject to review.
Historical Note(s): 1977-50-5.
21. The minister shall submit to the Lieutenant Governor in Council an annual report on the work performed by the ministry. The report shall be laid before the Legislature if it is in session, or, if it is not in session, within 15 days after the commencement of the next session.
Historical Note(s): 1973-111-14; 1977-75-1.
22. The Lieutenant Governor in Council may make regulations.
Historical Note(s): 1973-111-15.
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