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B.C. Reg. 8/98
O.C. 15/98
Deposited January 9, 1998
This consolidation is current to January 21, 2020.
Link to Point in Time

Mineral Tax Act

Mineral Tax Reclamation Regulation

[includes amendments up to B.C. Reg. 187/2015, December 1, 2015]

Contents
1Definitions
2Reclamation cost account
3Reclamation tax credit account
4Reclamation cost transfer
5Reclamation cost election
6Discretion of commissioner
7Reclamation recovery
Schedule A
Schedule B

Definitions

1   In this regulation:

"Act" means the Mineral Tax Act;

"reclamation costs" means costs, within the meaning of the Mineral Tax Costs and Expenditures Regulation, B.C. Reg. 405/89, incurred in relation to a program of reclamation approved by the Chief Inspector of Mines under the Mines Act;

"reclamation fund" means the fund established under section 12 of the Mines Act.

Reclamation cost account

2   (1) For the purposes of section 5 of the Act, there is established, in relation to each mine, a reclamation cost account for each operator of the mine.

(2) Each reclamation cost account for an operator of a mine, at the end of the fiscal year of the mine, consists of the amount, if any, by which the aggregate of

(a) the balance of the account at the end of the immediately preceding fiscal year of the mine, and

(b) any amount that the operator of the mine elects, under section 5 (1), to add to the account,

exceeds the aggregate of

(c) the operator's proportionate share of any amount received or receivable during the fiscal year of the mine from the reclamation fund for the mine, other than amounts included under paragraph (d) of this subsection or section 8 (1) (c) or 9 (1) (g) of the Act,

(d) any funds in a reclamation fund for the mine that

(i) relate to reclamation of the mine that has been performed before the end of the current fiscal year of the mine, and

(ii) have not been received, or are not receivable, from the reclamation fund,

(e) the operator's proportionate share of any amount received or receivable during the fiscal year of the mine as a recovery of reclamation costs, other than amounts included under paragraph (c) of this subsection or section 8 (1) (c) or 9 (1) (g) of the Act,

(f) any reclamation cost transfer elected under section 4 (1) by the operator in respect of the mine for the fiscal year of the mine, and

(g) the reclamation tax credit claimed by the operator or by the predecessor of the operator in respect of the immediately preceding fiscal year of the mine divided by the applicable percentage referred to in subsection (3).

(3) The percentage prescribed for the purposes of section 5 (2) (c) of the Act and subsection (2) (g) of this section is 13%.

Reclamation tax credit account

3   (1) For the purposes of section 5 of the Act, there is established, in relation to each mine, a reclamation tax credit account for each operator of the mine.

(2) Each reclamation tax credit account for an operator of a mine, at the end of the fiscal year of the mine, consists of the amount, if any, by which the aggregate of

(a) the balance of the account at the end of the immediately preceding fiscal year of the mine, and

(b) the amount of tax paid by the operator in relation to the mine for the fiscal year of the mine as calculated under section 2 (1) (a) of the Act,

exceeds any reclamation tax credit claimed by the operator or by the predecessor of the operator under section 5 of the Act for the immediately preceding fiscal year of the mine.

Reclamation cost transfer

4   (1) An operator of a mine may elect to transfer reclamation costs if the total amount of the costs to be transferred is not more than the amount by which the balance of the reclamation cost account for the operator of the mine, as that account stands at the end of the fiscal year of the mine that ends in 1998, exceeds the total amount of all reclamation cost transfers made after the end of that fiscal year of the mine.

(2) An election under subsection (1) must be

(a) made in the form and manner set out in the Reclamation Cost Transfer Schedule,

(b) delivered to the commissioner on or before the last day of the sixth month following the end of the fiscal year of the mine in relation to which the transfer is to be taken into account in calculating the reclamation cost account under section 2 (2).

Reclamation cost election

5   (1) For the purposes of section 2 (2) (b), an operator of a mine may elect to add to the reclamation cost account of the mine an amount not greater than the aggregate of

(a) the operator's proportionate share of the amount contributed during the fiscal year of the mine to the reclamation fund for the mine under the Mines Act,

(b) the operator's proportionate share of any other reclamation costs incurred for the mine during the fiscal year of the mine, and

(c) interest earned, during the fiscal year of the mine, in the account maintained for the mine in the reclamation fund.

(2) An election under subsection (1) must be

(a) made in the form and manner set out in the Reclamation Cost Election Schedule, and

(b) delivered to the commissioner on or before the last day of the sixth month following the end of the fiscal year of the mine in relation to which amounts are to be added to the reclamation cost account under section 2 (2).

[am. B.C. Reg. 106/2000.]

Discretion of commissioner

6   Despite sections 4 (2) and 5 (2), on an application by an operator, the commissioner may, whether or not the period within which the operator was entitled to make an election under section 4 or 5 has expired,

(a) permit the operator to amend or revoke an election, or

(b) extend the period within which an election may be made.

Reclamation recovery

7   For the purposes of section 8 (1) (d) of the Act, an operator's reclamation recovery for a mine is the amount by which the aggregate of the amounts referred to in section 2 (2) (c) to (g) in relation to the mine exceeds the aggregate of the amounts referred to in section 2 (2) (a) and (b) in relation to the mine.

Schedule A

[en. B.C. Reg. 187/2015, App. 4.]

Schedule B

[en. B.C. Reg. 187/2015, App. 4.]

[Provisions relevant to the enactment of this regulation: Mineral Tax Act, R.S.B.C. 1996, c. 291, sections 5 and 44]