PART 1 DEFINITIONS AND INTERPRETATION
In this Instrument “adjacent property” means a property
“data verification” means the process of confirming that data has been generated with proper procedures, has been accurately transcribed from the original source and is suitable to be used;
“development property” means a property that is being prepared for mineral production and for which economic viability has been demonstrated by a feasibility study;
“disclosure” means any oral statement or written disclosure made by or on behalf of an issuer and intended to be, or reasonably likely to be, made available to the public in a jurisdiction of Canada, whether or not filed under securities legislation, but does not include written disclosure that is made available to the public only by reason of having been filed with a government or agency of government pursuant to a requirement of law other than securities legislation;
“early stage exploration property” means a property that has
“exploration information” means geological, geophysical, geochemical, sampling, drilling, trenching, analytical testing, assaying, mineralogical, metallurgical and other similar information concerning a particular property that is derived from activities undertaken to locate, investigate, define or delineate a mineral prospect or mineral deposit;
“feasibility study” means a comprehensive study of a mineral deposit in which all geological, engineering, legal, operating, economic, social, environmental and other relevant factors are considered in sufficient detail that it could reasonably serve as the basis for a final decision by a financial institution to finance the development of the deposit for mineral production;
“historical estimate” means an estimate of mineral resources or mineral reserves prepared prior to February 1, 2001;
“IMMM Reporting Code” means the classification system and definitions of mineral resources and mineral reserves approved by The Institution of Materials, Minerals, and Mining in the United Kingdom, as amended;
“JORC Code” means the Australasian Code for Reporting of Mineral Resources and Ore Reserves prepared by the Joint Ore Reserves Committee of the Australasian Institute of Mining and Metallurgy, Australian Institute of Geoscientists and Mineral Council of Australia, as amended;
“mineral project” means any exploration, development or production activity, including a royalty interest or similar interest in these activities, in respect of diamonds, natural solid inorganic material, or natural solid fossilized organic material including base and precious metals, coal, and industrial minerals;
“NI 44-101” means National Instrument 44-101 Short Form Prospectus Distributions;
“preliminary assessment” means a study that includes an economic analysis of the potential viability of mineral resources taken at an early stage of the project prior to the completion of a preliminary feasibility study;
“preliminary feasibility study” and “pre-feasibility study” each mean a comprehensive study of the viability of a mineral project that has advanced to a stage where the mining method, in the case of underground mining, or the pit configuration, in the case of an open pit, has been established and an effective method of mineral processing has been determined, and includes a financial analysis based on reasonable assumptions of technical, engineering, legal, operating, economic, social, and environmental factors and the evaluation of other relevant factors which are sufficient for a qualified person, acting reasonably, to determine if all or part of the mineral resource may be classified as a mineral reserve;
“producing issuer” means an issuer with annual audited financial statements that disclose
“professional association” means a self-regulatory organization of engineers, geoscientists or both
engineers and geoscientists that
“qualified person” means an individual who
“quantity” means either tonnage or volume, depending on which term is the standard in the mining industry for the type of mineral;
“SAMREC Code” means the South African Code for Reporting of Mineral Resources and Mineral Reserves prepared by the South African Mineral Committee (SAMREC) under the auspices of the South African Institute of Mining and Metallurgy (SAIMM), as amended;
“SEC Industry Guide 7” means the mining industry guide entitled “Description of Property by Issuers Engaged or to be Engaged in Significant Mining Operations” contained in the Securities Act Industry Guides published by the United States Securities and Exchange Commission, as amended;
“technical report” means a report prepared and filed in accordance with this Instrument and Form 43-101F1 Technical Report that does not omit any material scientific and technical information in respect of the subject property as of the date of the filing of the report; and
“written disclosure” includes any writing, picture, map or other printed representation whether produced, stored or disseminated on paper or electronically, including websites.
1.2 Mineral Resource
In this Instrument, the terms “mineral resource”, “inferred mineral resource”, “indicated mineral resource” and
“measured mineral resource” have the meanings ascribed to those terms by the Canadian Institute of Mining,
Metallurgy and Petroleum, as the CIM Definition Standards on Mineral Resources
1.3 Mineral Reserve
In this Instrument, the terms “mineral reserve”, “probable mineral reserve” and “proven mineral reserve” have
the meanings ascribed to those terms by
In this Instrument, a qualified person is independent of an issuer if there is no circumstance that could, in the opinion of a reasonable person aware of all relevant facts, interfere with the qualified person’s judgment regarding the preparation of the technical report.
PART 2 REQUIREMENTS APPLICABLE TO ALL DISCLOSURE
2.1 Requirements Applicable to All Disclosure
All disclosure of scientific or technical information made by an issuer, including disclosure of a mineral resource or mineral reserve, concerning a mineral project on a property material to the issuer must be based upon information prepared by or under the supervision of a qualified person.
2.2 All Disclosure of Mineral Resources or Mineral Reserves
An issuer must not disclose any information about a mineral resource or mineral reserve unless the
2.3 Prohibited Disclosure
(1) An issuer must not make any disclosure of the
2.4 Disclosure of Historical Estimates
Despite section 2.2, an issuer may disclose an historical estimate using the historical terminology if the
PART 3 ADDITIONAL REQUIREMENTS FOR WRITTEN DISCLOSURE
3.1 Written Disclosure to Include Name of Qualified Person
If an issuer discloses in writing scientific or technical information about a mineral project on a property
material to the issuer, the issuer must include in the written disclosure
3.2 Written Disclosure to Include Data Verification
Subject to section 3.5, if an issuer discloses in writing scientific or technical information about a mineral
project on a property material to the issuer, the issuer must include in the written disclosure
3.3 Requirements Applicable to Written Disclosure of Exploration Information
(1) Except as provided in section 3.5, if an issuer discloses in writing exploration information about a mineral
project on a property material to the issuer, the issuer must include in the written disclosure
3.4 Requirements Applicable to Written Disclosure of Mineral Resources and Mineral Reserves
If an issuer discloses in writing mineral resources or mineral reserves on a property material to the issuer,
the issuer must include in the written
3.5 Exception for Written Disclosure Already Filed
Sections 3.2 and 3.3 and paragraphs 3.4 (a), (c) and (d) do not apply if the issuer includes in the written disclosure a reference to the title and date of a previously filed document that complies with those requirements.
PART 4 OBLIGATION TO FILE A TECHNICAL REPORT
4.1 Obligation to File a Technical Report Upon Becoming a Reporting Issuer
(1) Upon becoming a reporting issuer in a jurisdiction of Canada an issuer must file in that jurisdiction a
technical report for a mineral project on each
4.2 Obligation to File a Technical Report in Connection with Certain Written Disclosure About Mineral Projects on Material Properties
(1) An issuer must file a technical report to support scientific or technical information in any of the
following documents filed or made available to the
4.3 Required Form of Technical Report
A technical report that is required to be filed under this Part must be prepared in accordance with Form 43-101F1.
PART 5 AUTHOR OF TECHNICAL REPORT
5.1 Prepared by a Qualified Person
A technical report must be prepared by or under the supervision of one or more qualified persons.
5.2 Execution of Technical Report
A technical report must be dated, signed and, if the qualified person has a seal, sealed by
5.3 Independent Technical Report
(1) Subject to subsection (2), a technical report required under any of the following provisions of this
Instrument must be prepared by or under the supervision of a qualified person that is, at the date of the technical
report, independent of the issuer:
PART 6 PREPARATION OF TECHNICAL REPORT
6.1 The Technical Report
A technical report must be prepared on the basis of all available data relevant to the disclosure that it supports.
6.2 Current Personal Inspection
(1) Subject to subsections (2) and (3), before an issuer files a technical report, the issuer must have at least
one qualified person who is responsible for preparing or supervising the preparation of all or part of the
technical report complete a current inspection on the property that is the subject of the technical report.
6.3 Maintenance of Records
An issuer must keep for 7 years copies of assay and other analytical certificates, drill logs and other
information referenced in the technical
6.4 Limitation on Disclaimers
An issuer must not file a technical report that contains a disclaimer by any qualified person responsible for
preparing or supervising the preparation of the report that
PART 7 USE OF FOREIGN CODE
7.1 Use of Foreign Code
Despite section 2.2, an issuer that
PART 8 CERTIFICATES AND CONSENTS OF QUALIFIED PERSONS FOR TECHNICAL REPORTS
8.1 Certificates of Qualified Persons
(1) An issuer must, when filing a technical report, file a certificate of each qualified person responsible for
preparing or supervising the preparation of
8.2 Addressed to Issuer
All technical reports must be addressed to the issuer.
8.3 Consents of Qualified Persons
An issuer must, when filing a technical report, file a statement of each qualified person responsible for
preparing or supervising the preparation of each portion of the technical report, addressed to the securities
regulatory authority, dated, and signed by the qualified person
PART 9 EXEMPTIONS
9.1 Authority to Grant Exemptions
(1) The regulator or the securities regulatory authority may, on application, grant an exemption from this
Instrument, in whole or in part, subject to such conditions or restrictions as may be imposed in the exemption in
response to an application.
9.3 Exemption for Certain Types of Filings
This Instrument does not apply if the only reason an issuer files written disclosure of scientific or technical information is to comply with the requirement under securities legislation to file a copy of a record or disclosure material that was filed with a securities commission, exchange or regulatory authority in another jurisdiction.
PART 10 EFFECTIVE DATE
10.1 Effective Date
This Instrument comes into force on December 30, 2005.
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