Section 1, definition of "group of titles" BEFORE repealed by BC Reg 73/2021, effective March 11, 2021.
"group of titles" means a group of adjoining titles, owned by a single holder, if, before the announcement of a park proposal, the application to have those titles recognized as one or more groups was recorded with and approved by a gold commissioner, as required under section 32 of the Mineral Tenure Act;
Section 1, definition of "value" (part) BEFORE amended by BC Reg 73/2021, effective March 11, 2021.
"value" means an amount as estimated under sections 5 and 6 or determined by either of the following:
Section 2 (2) (a) (i) and (ii) BEFORE amended by BC Reg 73/2021, effective March 11, 2021.
(i) to acquire and maintain the expropriated mineral title or group of titles, and
(ii) to conduct mining activities in relation to that expropriated mineral title or group of titles;
Section 4 (1) (a) BEFORE amended by BC Reg 11/2021, effective February 5, 2021.
(a) is a professional engineer or professional geoscientist who is a member of the Association of Professional Engineers and Geoscientists of British Columbia or of a similar self regulatory association or body in another jurisdiction,
Section 4 (1) (a) BEFORE amended by BC Reg 32/2023, effective February 10, 2023.
(a) is registered with the Association of Professional Engineers and Geoscientists of the Province of British Columbia as a professional engineer, professional engineering licensee, professional geoscientist or professional geoscience licensee or is a member, with a similar scope of practice, of a self regulatory association or body in another jurisdiction,
Section 6 BEFORE repealed by BC Reg 73/2021, effective March 11, 2021.
Group of titles
6 (1) If the expropriated mineral titles are part of a group of titles, and the group of titles is determined by the minister's evaluator to include the probability of a mineral deposit that is partially expropriated and the expropriation eliminates the feasibility of exploiting the remaining portion of the deposits in the area, the holder may elect to have the value determined based on the value of either:
(a) the expropriated mineral titles, or
(b) all the mineral titles in the group of titles.
(2) If a holder makes an election under subsection (1) (b), the minister must offer to acquire each title in the group of titles, other than the expropriated titles, for a price of $1 each, and the holder must accept the offer of the minister and agree to sell the titles on that basis.
Section 9 (3) BEFORE repealed by BC Reg 73/2021, effective March 11, 2021.
(3) For the purposes of subsection (2), paragraph (b) (iii) to (v) of that subsection applies to all mineral titles in a group of titles if the holder's evaluator determines that
(a) the expropriated mineral titles are part of a group of titles and the group of titles is determined by the holder's evaluator to include the probability of a mineral deposit that is partially expropriated,
(b) the expropriation eliminates the feasibility of exploiting the remaining portion of the deposits in the area, and
(c) determination of value in the report of the holder's evaluator is based on all the mineral titles in the group of titles.
Section 11 (2) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(2) If an arbitrator advises the minister that he or she is unable to act, the minister must select the next available arbitrator.
Section 14 (2) (a) and (b) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(a) he or she knows of no circumstance likely to give rise to justifiable doubts as to his or her independence or impartiality, and
(b) he or she will disclose any such circumstance to the parties if they arise after that time and before the arbitration is concluded.
Section 15 (2) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(2) The arbitrator may conduct proceedings at any other place he or she considers necessary for consultation, to hear witnesses, experts or the parties, or for the inspection of documents.
Section 16 (1) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(1) The arbitrator may conduct the arbitration in the manner he or she considers appropriate in the circumstances.