Section 1 definitions of "closed mine" and "owner" BEFORE amended by 2003-1-6(a), effective June 20, 2003 (BC Reg 234/2003).
"closed mine" means a mine at which all mining activities have ceased but in respect of which the owner, agent or manager remains responsible for its compliance with this Act, the regulations and the code;
"owner" includes every person who is the immediate holder, proprietor, lessee or occupier of a mine or of any part of it, but does not include a person who
(a) receives only a royalty or rent from a mine that is subject to a lease, grant or other authority for its working, or
(b) is the owner of the surface rights of land in, on or under which a mine exists but who is not the owner of the coal or minerals in it;
Section 1 definition "district inspector" BEFORE repealed by 2003-1-6(a), effective June 20, 2003 (BC Reg 234/2003).
"district inspector" means a person appointed by the chief inspector as an inspector with responsibility for a designated area within British Columbia;
Section 1 definitions "detrimental environmental impact", "mining activity", "permit" and "permittee" were added by 2003-1-6(b), effective June 20, 2003 (BC Reg 234/2003).
Section 1 definitions of "chief auditor", "chief permitting officer", "mineral title" and "official" were added by 2020-15-1(a) and (c), effective August 14, 2020 (Royal Assent).
Section 1 definition of "chief inspector" BEFORE amended by 2020-15-1(b), effective August 14, 2020 (Royal Assent).
"chief inspector" means the Chief Inspector of Mines appointed by the minister and includes a person designated by the chief inspector to act on behalf of the chief inspector;
Section 9 BEFORE amended by 2020-15-5, effective August 14, 2020 (Royal Assent).
Advisory committee
9 The chief inspector must establish and chair an advisory committee and must establish regional advisory committees to review applications for mine approvals and reclamation permits, referred to them by the chief inspector, to assist the chief inspector in carrying out the duties of the chief inspector under this Act.
Section 10 (10) BEFORE repealed by 2002-25-46, effective May 9, 2002 (Royal Assent).
(10) The chief inspector must not approve an application for any permit or for revisions to the conditions of an existing permit under this section unless a site profile has been submitted to the district inspector under section 26.1 (4) of the Waste Management Act.
Section 10 (1), (4) to (6), (8) and (9) BEFORE amended by 2003-1-8, effective June 20, 2003 (BC Reg 234/2003).
(1) Before commencement of any work in, on or about a mine, the owner, agent or manager must apply for and obtain a permit from the chief inspector and must, as part of the application, file with the district inspector a plan outlining the details of the proposed work and a program for the protection and reclamation of the land and watercourses affected by the mine, including the information, particulars and maps established by the regulations or the code.
(4) The chief inspector may, as a condition of issuing a permit under subsection (3), require that the owner, agent or manager give security in the amount, form and subject to conditions specified by the chief inspector
(a) for mine reclamation, and
(b) to provide for protection of, and mitigation of damage to, watercourses affected by the mine.
(5) If required by the chief inspector, the owner, agent or manager, in each year, must deposit security in an amount and form satisfactory to the chief inspector so that, together with the deposit under subsection (4) and calculated over the estimated life of the mine, there will be money necessary to perform and carry out properly
(a) all the conditions of the permit relating to the matters referred to in subsection (4) at the proper time, and
(b) all the orders and directions of the chief inspector or an inspector respecting the fulfillment of the conditions relating to the matters referred to in subsection (4).
(6) The owner, agent or manager, or an inspector, may apply to the chief inspector for a revision of the conditions or an extension of the term of a permit issued under this section, and the chief inspector may revise the conditions or extend the term, as the case may be.
(8) If the owner, agent or manager fails to perform and complete the program for reclamation or comply with the conditions of the permit to the satisfaction of the chief inspector, the chief inspector, after giving notice to remedy the failure, may
(a) cancel the permit and order the owner, agent or manager to stop the mining operation, and
(b) apply all or part of the security toward payment of the cost of the work required to be performed or completed.
(9) Each person who is an owner, agent or manager of a mine for which a permit is required under this section must ensure
(a) that there is a valid and subsisting permit for the mine, and
(b) that no work takes place in, on or about the mine, except under and in accordance with a valid and subsisting permit.
Section 10 (0.1), (1.1) and (1.2) were added by 2011-27-11(a), effective September 1, 2013 (BC Reg 99/2013).
Section 10 (2) BEFORE amended by 2011-27-11(b), effective September 1, 2013 (BC Reg 99/2013).
(2) Despite subsection (1), if the chief inspector is satisfied that, because of the nature of the proposed work, it is not necessary to obtain a permit, the chief inspector may exempt in writing the owner, agent or manager from the requirement to comply with this section with respect to the proposed work.
Section 10 (2.01) and (2.02) were added by 2011-27-11(b), effective September 1, 2013 (BC Reg 99/2013).
Section 10 (3) BEFORE amended by 2014-14-52(a), effective April 1, 2015 (BC Reg 54/2015).
(3) If the chief inspector considers the application for a permit is satisfactory the chief inspector may issue the permit, and the permit may contain conditions that the chief inspector considers necessary.
Section 10 (6) BEFORE amended by 2014-14-52(b), effective April 1, 2015 (BC Reg 54/2015).
(6) The owner, agent, manager or permittee, or an inspector, may apply to the chief inspector for a revision of the conditions or an extension of the term of a permit issued under this section, and the chief inspector may revise the conditions or extend the term, as the case may be.
Section 10 (9) BEFORE repealed by 2014-14-52(c), effective April 1, 2015 (BC Reg 54/2015).
(9) An owner, agent, manager or permittee must
(a) hold and maintain a permit for the mine,
(b) ensure that no work takes place in, on or about the mine, except under and in accordance with a permit, and
Section 10 BEFORE amended by 2020-15-6, effective August 14, 2020 (Royal Assent).
Permits
10 (0.1) In this section, "exempt person" means a person in a class of persons exempt under subsection (1.1) (a) from the requirement under subsection (1) to hold a permit.
(1) Before starting any work in, on or about a mine, the owner, agent, manager or any other person must hold a permit issued by the chief inspector and, as part of the application for the permit, there must be filed with an inspector a plan outlining the details of the proposed work and a program for the conservation of cultural heritage resources and for the protection and reclamation of the land, watercourses and cultural heritage resources affected by the mine, including the information, particulars and maps established by the regulations or the code.
(1.1) The Lieutenant Governor in Council, by regulation and on any terms and conditions considered necessary or advisable, may exempt
(a) one or more classes of persons, or
(b) a person or a ministry of the government respecting one or more classes of work in, on or about a mine
from the requirement under subsection (1) to hold a permit.
(1.2) Despite subsection (1.1) (a), the chief inspector may require an exempt person to comply with the requirement under subsection (1) to hold a permit if the chief inspector is satisfied that, because of the nature of the proposed work, it is necessary for the exempt person to hold a permit.
(2) The chief inspector, in writing and on any terms and conditions considered necessary or advisable, may exempt a person from the requirement under subsection (1) to hold a permit if
(a) the chief inspector is satisfied that, because of the nature of the proposed work, it is not necessary for the person to hold a permit, and
(b) the person is not an exempt person.
(2.01) Without limiting subsection (1.1) or (2), terms and conditions imposed under those subsections may include terms and conditions respecting any or all of the following:
(a) the provision of security in the manner and for purposes similar to those described in subsections (4) and (5);
(b) notification and reporting requirements;
(c) the use of qualified professionals;
(d) environmental protection and reclamation;
(2.02) A person exempt from the requirement under subsection (1) to hold a permit must comply with the terms and conditions, if any, imposed under subsections (1.1), (2) and (2.01), as applicable.
(3) If the chief inspector considers the application for a permit is satisfactory and if the applicant has complied with the regulations, if any, made under section 38 (2) (l) respecting applications for permits, the chief inspector may issue the permit, and the permit may contain conditions that the chief inspector considers necessary.
(4) The chief inspector may, as a condition of issuing a permit under subsection (3), require that the owner, agent, manager or permittee give security in the amount and form, and subject to conditions, specified by the chief inspector
(b) to provide for protection of, and mitigation of damage to, watercourses and cultural heritage resources affected by the mine.
(5) If required by the chief inspector, the owner, agent, manager or permittee, in each year, must deposit security in an amount and form satisfactory to the chief inspector so that, together with the deposit under subsection (4) and calculated over the estimated life of the mine, there will be money necessary to perform and carry out properly
(a) all the conditions of the permit relating to the matters referred to in subsection (4) at the proper time, and
(b) all the orders and directions of the chief inspector or an inspector respecting the fulfillment of the conditions relating to the matters referred to in subsection (4).
(6) The owner, agent, manager or permittee, or an inspector, may apply to the chief inspector for a revision of the conditions or an extension of the term of a permit issued under this section, and the chief inspector, if the applicant has complied with the regulations, if any, made under section 38 (2) (l) respecting revisions or extensions under this subsection, may revise the conditions or extend the term, as the case may be.
(7) For the purposes of subsection (6), if the chief inspector considers it necessary, the chief inspector may impose additional conditions or changes in the existing conditions, including changes to the security required or the term of the permit, with or without an application under this section.
(8) If the owner, agent, manager or permittee fails to perform and complete the program for reclamation or comply with the conditions of the permit to the satisfaction of the chief inspector, the chief inspector, after giving notice to remedy the failure, may do one or more of the following:
(a) order the owner, agent, manager or permittee to stop the mining operation;
(b) apply all or part of the security toward payment of the cost of the work required to be performed or completed;
Section 12 (4) (b) BEFORE amended by 2020-15-9, effective August 14, 2020 (Royal Assent).
(b) to pay for the cost of work required under section 10 (8) (b).
Section 15 (1) BEFORE amended by 2003-1-10(a), effective June 20, 2003 (BC Reg 234/2003).
(1) An inspector may inspect a mine at any time.
Section 15 (4) (b) and (c) BEFORE amended by 2003-1-10(b), effective June 20, 2003 (BC Reg 234/2003).
(b) list the infractions noted, and
(c) order remedial action and specify time limits for compliance.
Section 15 (6) (b) BEFORE amended by 2003-1-10(d), effective June 20, 2003 (BC Reg 234/2003).
(b) promptly provide a copy to the district inspector, and, in the case of health and safety matters, the occupational health and safety committee and the local union.
Section 15 (1) BEFORE amended by 2020-15-10(a), effective August 14, 2020 (Royal Assent).
(1) At any time an inspector may inspect
(b) a site considered by the inspector to be a mining activity site that is operating without a permit.
Section 15 (4) (part) BEFORE amended by 2020-15-10(c), effective August 14, 2020 (Royal Assent).
(4) An inspector must complete an inspection report within 7 days and promptly provide the manager, and, in the case of a health and safety inspection, the occupational health and safety committee and local union with a copy of the inspection report on its completion, and the report must
Section 15 (5) (part) BEFORE amended by 2020-15-10(d), effective August 14, 2020 (Royal Assent).
(5) If an inspector is of the opinion that a delay in remedying a hazard would be dangerous to persons or property, the inspector must issue an order
Section 15 (6) (part) BEFORE amended by 2020-15-10(e), effective August 14, 2020 (Royal Assent).
(6) Within 15 days after receiving the inspection report, the manager must
Section 16 BEFORE amended by 2022-42-60,Sch 1, effective September 1, 2023 (BC Reg 187/2023).
Order not to interfere with public works, etc.
16 An inspector may order the operation of a mine to be conducted in a manner that will not interfere with a public work, public service, public utility, highway or railway, or with a pipeline as defined in section 1 (2) of the Oil and Gas Activities Act or an adjacent mine property.
Section 17 (1) BEFORE amended by 2020-15-11(a), effective August 14, 2020 (Royal Assent).
(1) If an inspector is of the opinion that work may be necessary in, on or about a closed or abandoned mine in order to avoid danger to persons or property or to abate pollution of the land and watercourses affected by the mine, the inspector may enter on or below the surface of the mine and may cause work to be done to remove or alleviate the danger or remedy the pollution.
Section 18 (b) BEFORE amended by 2020-15-12(b), effective August 14, 2020 (Royal Assent).
(b) in connection with an accident or a dangerous occurrence that the inspector is investigating.
Section 19 (1) (a) and (b) BEFORE amended by 2007-14-153, effective December 1, 2007 (BC Reg 354/2007).
(a) in the performance or intended performance of any duty under this Act, the regulations or the code, or
(b) in the exercise or intended exercise of any power under this Act, the regulations or the code.
Section 19 BEFORE repealed by 2020-15-13, effective August 14, 2020 (Royal Assent).
Immunities
19 (1) No action for damages may be brought against the chief inspector or an inspector because of anything done or omitted in good faith
(a) in the performance or intended performance of any duty under this Act, or
(b) in the exercise or intended exercise of any power under this Act.
(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission of the chief inspector or an inspector for which act or omission the government would be vicariously liable if this section were not in force.
Section 21(b) BEFORE amended by 2003-1-11, effective June 20, 2003 (BC Reg 234/2003).
(b) immediately after each appointment, notify the district inspector in writing, of the name of the manager, and
Section 23 BEFORE amended by 2003-1-12, effective June 20, 2003 (BC Reg 234/2003).
23 Each manager must appoint a qualified person to be responsible during the manager's absence to ensure compliance with this Act, the regulations and the code.
Section 24 BEFORE re-enacted by 2020-15-15, effective August 14, 2020 (Royal Assent).
Compliance
24 (1) The owner, agent or manager must take all reasonable measures to ensure compliance with this Act, orders issued under it, the regulations and the code.
(2) Every supervisor and employee must take all reasonable measures to ensure that the requirements of this Act, the regulations, the code and orders applicable to the work they perform or over which they have supervision are followed.
Section 25 (1) BEFORE amended by 2003-1-13, effective June 20, 2003 (BC Reg 234/2003).
(1) If work in or about a mine is let to a contractor, the contractor and the contractor's manager, as well as the owner, agent and manager of the mine, must take all reasonable measures to ensure compliance with the provisions of this Act, the regulations, the code and orders under this Act pertaining to the work over which they have control.
Section 28 BEFORE repealed by 2003-1-14, effective June 20, 2003 (BC Reg 234/2003).
Employment register
28 Each manager must maintain, in a form prescribed by the chief inspector, a register of every person who is or has been employed at the mine and, if the mine is closed down or if required by the district inspector, must forward a copy, certified by the manager to be a true copy, to the district inspector.
Section 33 (1) BEFORE amended by 2020-15-16, effective August 14, 2020 (Royal Assent).
(1) A person who is adversely affected by a decision, order or ruling of an inspector may appeal the decision, order or ruling in writing to the chief inspector within 30 days after the date of its issue.
Section 35 BEFORE amended by 2003-1-16, effective June 20, 2003 (BC Reg 234/2003).
Enforcement of code
35 (1) If an inspector finds that a mine is not being operated in accordance with the provisions of the code, the inspector may order the owner, manager or agent to comply with the code.
(2) If a person fails or refuses to comply with an order of an inspector under this section, the inspector may apply to the Supreme Court for an injunction restraining the person from disobeying the order.
Section 36.3 (a) (ii) BEFORE amended by 2023-10-593, effective March 30, 2023 (Royal Assent).
(ii) advise the person of his or her right to appeal the decision under section 36.7, and
Section 37 (3.1) and (3.2) BEFORE amended by 2014-31-4, effective August 1, 2014 [retro from November 27, 2014 (Royal Assent)].
(3.1) The time limit for laying an information for an offence
(a) under section 10 is one year after the facts on which the information is based first came to the chief inspector's attention, and
(b) under this Act, other than section 10, is 6 months after the facts on which the information is based first came to the chief inspector's attention.
(3.2) A document purporting to have been issued by the chief inspector, certifying the date on which the chief inspector became aware of the facts on which an information is based,
(a) is admissible without proof of the signature or official character of the individual appearing to have signed the document, and
(b) is proof of the certified facts unless there is evidence to the contrary.
Section 37 (3) BEFORE amended by 2016-7-2, effective May 19, 2016 (Royal Assent).
(3) A person who commits an offence is liable to a fine of not more than $100 000 or to imprisonment for not more than one year or both.
Section 37 BEFORE amended by 2020-15-17, effective August 14, 2020 (Royal Assent).
Offence and penalty
37 (1) A person who obstructs, impedes or otherwise interferes with an inspector in carrying out the inspector's duties under this Act commits an offence.
(2) A person who contravenes a provision of this Act, the regulations, the code or an order made under any of them commits an offence.
(3) A person who commits an offence is liable to a fine of not more than $1 000 000 or to imprisonment for not more than 3 years or both.
(3.1) The time limit for laying an information to commence a prosecution for an offence under this Act is 3 years after the date on which the chief inspector learned of the facts on which the information is based.
(3.2) A certificate purporting to have been issued by the chief inspector certifying the date referred to in subsection (3.1) is proof of that date.
(4) If an inspector serves a written notice on a person alleging a contravention of this Act, the regulations or the code, or an order under any of them, that person, on conviction, is liable to a penalty, in addition to the penalties provided under subsection (3), not more than $5 000 and not less than $500 for every day during which the offence continues to be committed after receipt of the notice.
(5) If a corporation commits an offence, a director or officer of the corporation who authorized, permitted or acquiesced in the offence is, even if the corporation is convicted, liable to the penalty set out in subsection (3).
Section 38 (2) (m), (n), (o), (p) and (q) were added by 2016-7-3, effective February 27, 2017 (BC Reg 47/2017).
Supplement BEFORE repealed by 2003-1-17, effective June 20, 2003 (BC Reg 234/2003).
[Supplement]
Mines Act
[RSBC 1996] CHAPTER 293
1 Section 10 of the Mines Act is amended
(a) in subsection (1) by adding "conservation of cultural heritage resources and the" after "a program for the", and
(b) in subsection (4) (b) by adding "and cultural heritage resources" after "watercourses".
1994-43-39.
Spent
2 [Spent]