Act title BEFORE amended by 2002-26-9, effective June 20, 2003 (BC Reg 232/2003).
MINISTRY OF ENERGY, MINES AND PETROLEUM RESOURCES ACT
Section 1(1) BEFORE amended by 2002-26-10, effective June 20, 2003 (BC Reg 232/2003).
(1) There is to be a ministry of the public service called the Ministry of Energy, Mines and Petroleum Resources.
Section 8 (2) (b) BEFORE amended by 2007-9-93, effective June 21, 2007 (BC Reg 226/2007).
(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,
Section 8.3 (1) BEFORE amended by 2023-10-595, effective March 30, 2023 (Royal Assent).
(1) At an oral hearing, the investigator may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the investigator may call on the assistance of any peace officer to enforce the order or direction.
Section 13 BEFORE re-enacted by 2002-26-11, effective June 20, 2003 (BC Reg 232/2003).
Access roads
13 With the approval of the Lieutenant Governor in Council, the minister may 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 British Columbia.
Section 14 BEFORE repealed by 2022-14-17, effective June 2, 2022 (Royal Assent).
Definitions for sections 14 to 21
14 In sections 14 to 21:
"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 20;
"certificate" means a certificate of qualification as an assayer granted under section 16, 17 or 21 (5);
"certified assayer" means a person holding a certificate.
Section 17 BEFORE repealed by 2022-14-17, effective June 2, 2022 (Royal Assent).
Certification without examination
17 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 the person 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.
Section 19 BEFORE repealed by 2022-14-17, effective June 2, 2022 (Royal Assent).
Offence
19 (1) Unless a person holds a certificate granted under this Act, the person must not do any of the following:
(a) by advertisement or otherwise, offer the person's services as a certified assayer;
(b) ask or receive payment for performing an assay, not performed under the supervision of a certified assayer;
(c) give a written statement of the result of an assay performed by the person.
(2) A person who contravenes this section commits an offence.
(3) This section does not apply to a person
(a) who holds a certificate of efficiency granted under an earlier enactment on assayers, or
(b) who practised as an assayer immediately before September 1, 1979, so long as the person was granted a certificate within one year after that date.
Section 20 BEFORE repealed by 2022-14-17, effective June 2, 2022 (Royal Assent).
Board of examiners
20 (1) The minister must appoint a board of examiners consisting of a chair and 2 other persons, each of whom the minister believes has the qualifications to act as an examiner under section 15.
(2) A board member is appointed during the pleasure of the minister but for a term not exceeding 3 years.
(3) A board member must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in discharging duties, and in addition may be paid remuneration determined by the minister.
Section 21 BEFORE repealed by 2022-14-17, effective June 2, 2022 (Royal Assent).
Appeal from board
21 (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 must hear the appeal within 60 days after receiving the notice of appeal and must make the 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 do any of the following:
(a) grant the candidate a certificate;
(b) order the board to mark the examination again;
(c) order the board to examine or reexamine the candidate;
(d) confirm the board's decision.
(6) The minister's decision on the appeal is final and not subject to review.
Section 22 BEFORE repealed by 2000-23-43, effective March 31, 2002.
Annual report
22 (1) The minister must submit to the Lieutenant Governor in Council an annual report on the work performed by the ministry.
(2) The report must be laid before the Legislative Assembly if it is in session, or, if it is not in session, within 15 days after the commencement of the next session.