AMERICA (NORTH)-continued. DOMINION OF CANADA. tures. The ungranted land in Manitoba and the North-West Territories1 belongs to the whole people of Canada, and is administered by the Federal Government ("Canada," 1889). The law as to dealings with unappropriated Crown lands is regu lated by "The Dominion Lands Act" (Revised Statutes of Canada 1886, c. 54). Under this Act, agricultural lands are open to homestead entry and pre-emption in accordance with the regulations of the Act; but by Section 47. Lands containing coal and other minerals are not to be subject to the provisions of the Act respecting sale or homestead entry; but are to be disposed of in the manner and upon terms and conditions to be fixed by the Governor in Council. Section 48. No grant from the Crown of land in freehold or for any less estate, shall be deemed to have conveyed, or to convey, the gold or silver mines therein, unless the same are expressly conveyed in such grant. Section 49. Discoverers of minerals who had applied for grants of the land containing such minerals before the date of an Act passed in the year 1880 to have certain rights. Under the Dominion Land Regulations made by order of the GovernorGeneral in Council on September 17, 1889 (sec. 8), all patents from the Crown for lands in Manitoba or the N.W. Territories are to reserve to H.M. all mines and minerals to be found on such lands, with full power to work the same, and for that purpose to use and occupy such lands, or so much thereof and to such an extent as may be necessary for the effectual working of the said minerals, or the mines, pits, seams, and veins containing the same, except in the case of patents for lands previously sold or disposed of for valuable considerations, or for lands which have been entered as homesteads before the date upon which the now reciting Regulations came into force. Under the same Regulations, ss. 44 to 51, provisions are made enabling persons to prospect for minerals on lands which have been patented and entered, and on which the mining rights have been reserved (but not on the sites of buildings and enclosed lands), on making compensation to the owner for damage done to his land, the amount in case of dispute to be determined by arbitration; the mining right can afterwards be acquired by the person prospecting at the rate and on the terms prescribed by the Mining Regulations less the value of the surface rights, but before a patent of the mining rights can be issued, the party desirous of obtaining the same must acquire the surface rights either by arrangement with the owner or by arbitration. Somewhat similar Regulations were made by an order of the same date as to lands of the Dominion within the Railway Belt in British Columbia. The disposal of Dominion lands containing minerals other than coal appears to be governed by Regulations established by an Order in Council of November 9, 1889 (ch. 99 of the Consolidated Orders in Council of Canada), A portion of British Columbia, which is known as the Railway Belt, is also in the disposition of the Federal Government, but it has been decided that the right to administer minerals within that belt belongs to the Provincial Government, hence the arrangement under the Dominion Land Regulations, No. 11, hereinafter referred to. AMERICA (NORTH)-continued. DOMINION OF CANADA. which provide (cl. 2) that no mining location or mining claim shall be granted until actual discovery has been made of the vein lode or deposit of mineral or metal within the limits of the location or claim. As regards petroleum, however, the Regulations last referred to have been amended (by Order in Council of December 18, 1890) so that an applicant who has otherwise complied with the requirements of the Regulations may obtain an entry for a location upon making an affidavit that he believes that petroleum exists on the location applied for, but the sale of the location is not to be completed unless within five years from the date of the location. the applicant can prove that he has at least one oil-well in operation thereon producing oil in paying quantities. By a still later order (made August 25, 1891) the provisions of the orders of 1889 and 1890 last referred to, which apply to petroleum lands, are cancelled except as to locations for which entries had been theretofore made. Under the Dominion Land Regulations the price per acre of coal lands is for land containing lignite or bituminous coal, $10, and for anthracite coal, $20; and any person may explore vacant Dominion lands for mineral deposits, and on discovering such may obtain a mining location, on certain specified terms, entitling him to enter on the land and work it for one year, and at any time within five years from the date of recording his claim, and on proof of expenditure of $500 and payment of $5 per acre and $50 survey fee may obtain a patent for the claim. Under an order of the Governor in Council, dated February 11, 1890, it is declared (with respect to the lands within the railway belt in British Columbia) that an arrangement has been come to between the Dominion Government and the Government of the Province of British Columbia, that no disposition of lands containing minerals (except coal lands) shall be made by the Dominion Government other than by patent in fee simple, to the intent that the minerals in the said belt, other than coal, may be administered under the mining laws of the Province; that all lands containing minerals (except coal lands and Indian reserves) offered for sale by the Dominion Government shall be open for purchase by the Provincial Government at the price of $5 per acre, and in such case shall be set apart from alienation by the Dominion Government, and that all minerals, including gold and silver, within Indian reserves are to be administered by the Department of Indian Affairs, the agreement being terminable at any time by either Government. Further special Regulations as to the disposal of coal lands belonging to the Dominion Government, and of mineral lands belonging to the same Government other than those situated in British Columbia, may be found in the Canadian Mining Manual, 1893, published at Ottawa. Special Regulations which were made by Order in Council of October 12, 1892, as to licenses for working mines and minerals in the Rocky Mountains Park of Canada, may be found in the Dominion Statutes for 1893. The import duties charged in Canada (as regulated by the Customs. Tariff, 1889), are considerable, e.g. : Iron, in pigs per ton, $4-16s. 5d. ,, bars, &c., $13=£2. 13s. 3d. Coal, anthracite free; bituminous, per ton of 2,000 lbs., 60 cents= 2s. 6d. From Return of Colonial Tariffs, presented to the English Parliament, June 1891, and Statistical Year-Book for Canada of 1892 (published in 1893). ONTARIO. Name Minerals Ownership Remarks Previously to 1891 all Crown royalties and reservations had been abolished, and it had been declared that no future reservations of gold, silver, iron, copper, or other minerals were to be made out of Crown lands granted as 'Mining lands." Mining claims might be granted by Crown (out of Crown lands) at $2 per acre.—The General Mining Act (Revised Statutes of Ontario, 1887, c. 31, being the repetition of provisions enacted in the Mining Act of 1869; but see note on next page). 1 It is understood that the Dominion Government has enacted that until May, 1896, all mining machinery of a kind not manufactured in Canada may be imported into that country free. The home manufacture of mining plant is said to be very limited. (The "Iron and Coal Trades Review," November 3, 1893.) AMERICA (NORTH)-continued. ONTARIO, &c. In the year 1888 the Lieutenant-Governor in Council of Ontario appointed a Commission to inquire into and report upon the mineral resources of the Province, and the measures for their development. The Commissioners in 1890 issued a very elaborate report upon the subject of their inquiry. The result of their report seems to have been the immediate passage (in 1890) of an Act for the regulation of mines (53 Vict. c. 10), and the passage, in the following year, of an Act to amend the Public Lands Act (54 Vict. c. 7), whereby it was enacted that in all future grants of agricultural land all mines, minerals, and mining rights should be taken to be reserved unless otherwise provided in the grant or patent from the Crown, and that the same should be property separate from the surface of the soil unless the proprietor should acquire it as a mining location or otherwise; these provisions not to apply to land sold under the General Mining Act for mining purposes, or sold under the now reciting Act without reserve of minerals under the provisions therein contained. An Act to amend the General Mining Act (54 Vict. c. 8) was also passed in 1891, whereby prices were fixed for lands to be sold as mining locations in certain specified districts, and certain labour conditions were provided for in respect of lands so sold, on failure of which the lands were to revert to the Crown. It was also enacted that all ores and minerals produced from lands thereafter to be sold or leased by the Crown should be subject to royalties to the Crown for the use of the Province as follows, viz.: Silver, nickel or nickel and copper, to 3 per cent., and all other ores except iron to such royalty as should be from time to time imposed by Order in Council, not exceeding 3 per cent., and iron ore not exceeding 2 per cent., such royalties not to be taken until after seven years from the date of the patent or lease (but the grantee or owner of any mining location was required during the first seven years to expend in mining operations where the area exceeded 160 acres $4 per acre, and for a less area $5 per acre), the royalties to be calculated on the value of the ores at the pit mouth. Provision was also made for the granting of leases of mining lands for ten years, with the right of renewal for a further ten years, and afterwards for a further ten years if conditions performed, instead of grants in fee simple of mining lands. The rents and conditions (including labour conditions) were to be subject to regulations, and the lessee to have a right of pre-emption on certain terms; and provision was made for forfeiture of leases in case of non-payment of the rent. The Act also provided for the establishment of a Bureau of Mines to aid in promoting the mining interests of the province. Another Act of the same Session (54 Vict. c. 60) provided for the establishment and maintenance of mining schools in various districts of the colony. The whole law as to mining in Ontario has now been consolidated by the Mines Act, 1892, Stat. of Ontario, 55 Vict. (1892) c. 9, under which all royalties, taxes, or duties imposed in respect of minerals in land granted before 1891 are abandoned, and such minerals are to be always free from such royalties, &c., but minerals in lands granted after 1891 are to be subject to the small royalties mentioned above, but not during the first seven years of the patent or lease. The provisions of this Act appear to be similar to those of the AMERICA (NORTH)- continued. ONTARIO, &c. Act of 1891 referred to above; but it also provides for the issue of miners' licenses and grants of mining claims. By an Act of 1893 (Stat. of Ont. 56 Vict. c. 115) a school of mining and agriculture, established at Kingston, has been incorporated. Name Minerals QUEBEC. Ownership Remarks &c. Gold1 if the land situated miles from a rail way in opera- As to The Quebec General Mining Act of 1880 (Statutes of Quebec), 43 and 44 Vict., c. 12, and Revised Statutes of 1888 (1411-1582), replaced by an Act of 1892 (Stat. of Quebec, 55 and 56 Vict. c. 20). Recently Mr. Lockwood, who owned 80,000 acres of auriferous lands in the Province of Quebec, sold 8,000 acres of them to Messrs. McArthur Bros. & Co. for $8,000. Shortly afterwards Messrs. McArthur Bros. & Co. sold a portion only of these 8,000 acres for $50,000.-("Canada," 1889.) 2 46 Superior metals" are defined to include the ores of gold, silver, lead, copper, nickel, graphite, asbestos, mica, and phosphate of lime; "inferior metals" all other minerals and ores. |