Mineral Rights Tax Regulations, 2022, M-17.1 Reg 9

1 MINERAL RIGHTS TAX, 2022 M-17.1 Reg 9 The Mineral Rights Tax Regulations, 2022 being Chapter M-17.1 Reg 9 (effective February 12, 2022). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 M-17.1 Reg 9 MINERAL RIGHTS TAX, 2022 Table of Contents PART 3 PART 1 Mineral Rights Tax Electronic Preliminary Matters Management System (EMS) 1 Title 17 Application of Part 2 Definitions and interpretation 18 Contact information PART 2 19 Registerable instrument Mineral Rights Tax Administration 20 Searches 3 Extent of ownership of mineral title 21 Amendments, cancellations, discharges in EMS 4 Determination of area of mineral titles 22 Requests for services, etc. 5 Mineral rights tax 23 Other records 6 Notice of determination re section 15 of the Act 24 Other methods of administering mineral 7 Exemptions from mineral rights tax rights tax valid 8 Small amounts of tax 25 Exceptional circumstances affecting operation of EMS 9 Small holdings by individuals PART 4 10 Small holdings by agricultural corporations Rate of Interest 11 Exemption for agricultural corporations 26 Rate of interest 12 Consequences of transfers of mineral rights PART 5 holdings to tax exempt persons Repeal and Coming into Force 13 Conditions for reinstating tax exempt status in certain circumstances 27 RRS c M‑17.1 Reg 7 repealed 14 Arrears of taxes and impending forfeiture notification 28 Coming into force 15 Assessments and reassessments 16 Mineral titles issued re new parcels 3 MINERAL RIGHTS TAX, 2022 M-17.1 Reg 9 CHAPTER M‑17.1 REG 9 The Mineral Taxation Act, 1983 PART 1 Preliminary Matters Title 1 These regulations may be cited as The Mineral Rights Tax Regulations, 2022. Definitions and interpretation 2(1) In these regulations: “Act” means The Mineral Taxation Act, 1983; “agricultural corporation” means a corporation that derives the majority of its revenue from farming and of which the majority of issued shares, without regard to the class of shares, if any, are legally and beneficially owned by resident farmers; “entitlement mineral right” means a mineral right acquired by an Indian Band under a Framework Agreement if the mineral right: (a) is intended to be set apart by Canada as an entitlement reserve for the use and benefit of the Indian Band; and (b) is held by: (i) trustees of the Indian Band; or (ii) a corporation of which the majority of issued voting shares are legally and beneficially owned by the Indian Band; “farming” includes tillage of soil, livestock raising, poultry raising, dairying, fur farming, tree farming, bee‑keeping, fish farming or any other activity undertaken to produce agricultural products but does not include: (a) the production of agricultural products for the purpose of crop science research; (b) the purchase for resale of agricultural products; (c) the commercial processing of agricultural products; or (d) the rental income obtained, directly or indirectly, from the activities associated with farming or with farm land; “Framework Agreement” means a Framework Agreement as defined in The Treaty Land Entitlement Implementation Act; “Indian Band” means a band as defined in the Indian Act (Canada) and includes the council of a band; 4 M-17.1 Reg 9 MINERAL RIGHTS TAX, 2022 “resident farmer” means an individual who: (a) spends a significant portion of the individual’s time actively engaged in farming; (b) derives the majority of the individual’s income either directly or indirectly from the sale of agricultural products; and (c) resides in Saskatchewan for at least 183 days a year; “share” includes: (a) a membership interest as defined in The Non‑profit Corporations Act, 1995; (b) shares held in a co‑operative incorporated or continued pursuant to The Co‑operatives Act, 1996; or (c) the interest of a member of a co‑operative incorporated or continued pursuant to The Co‑operatives Act, 1996, if the co‑operative does not have share capital. (2) In the Act and in these regulations, “arrears” means taxes that are unpaid and outstanding after the expiry of the period during which they are due and payable, and includes any penalties and fees associated with the default in payment. 28 Jan 2022 c M-17.1 Reg 9 s2. PART 2 Mineral Rights Tax Administration Extent of ownership of mineral title 3(1) Subject to subsection (2), for the purposes of section 9 of the Act each owner of a mineral title is deemed to own an area equal to the area in the parcel of land for which the mineral title was issued, whether or not there are other mineral commodities in the same parcel of land existing by virtue of one or more other mineral titles. (2) Each owner of an undivided fractional or percentage interest in a mineral title is deemed to own an area in the parcel of land for which the mineral title was issued that is proportionate to that person’s fractional or percentage interest in the mineral title. (3) For the purposes of calculating the tax payable by the owner of a mineral right pursuant to the Act: (a) the minister may, subject to clause (b): (i) consider any adverse effect that may have resulted from the conversion of a certificate of title with respect to the subject mineral rights in accordance with section 195 or 196 of The Land Titles Act, 2000; and (ii) make any adjustment to the tax payable that the minister considers appropriate to address any adverse effect so considered; and 5 MINERAL RIGHTS TAX, 2022 M-17.1 Reg 9 (b) any consideration of adverse effects mentioned in subclause (a)(i) is not to be taken into account by the Mineral Rights Tax Administrator in carrying out forfeiture proceedings in accordance with section 18 of the Act, and that section applies to every taxable mineral title in the subject parcel held by that owner regardless of the amount of mineral rights tax due and payable by that owner. (4) The minister may, for the purposes of section 9 of the Act, determine that the interest in a mineral right held jointly by more than one person is to be considered an ownership share as defined in The Land Titles Act, 2000, regardless of the number of persons recorded on the mineral title. (5) For the purposes of these regulations, the minister may determine that the interest in a mineral title that is owned jointly does not form part of any other interests that the person whose name is recorded on that title holds alone or as a tenant in common with other persons. (6) Notwithstanding section 9, an individual who owns a mineral title jointly with any other person that is not an individual is not entitled to the exemption set out in that section. 28 Jan 2022 c M-17.1 Reg 9 s3. Determination of area of mineral titles 4(1) Subject to subsections (2) and (3), for the purposes of section 10 of the Act, the area of any mineral title is determined using the cadastral parcel mapping system as defined in The Land Surveys Act, 2000. (2) Subject to subsection (3), the minister may, if the minister considers it appropriate, use any of the following instead of, or in addition to, the method mentioned in subsection (1) to determine the area of any mineral title: (a) the area of any mineral title that is shown on the plan approved by the Controller of Surveys for that parcel of land, whether in acres or hectares; (b) any other means that the minister considers appropriate to assess and administer the mineral rights tax in accordance with the Act and these regulations. (3) If the methods set out in subsections (1) and (2) do not determine the area of a mineral title to the minister’s satisfaction, the minister may determine the area to be 32.38 hectares. 28 Jan 2022 c M-17.1 Reg 9 s4. Mineral rights tax 5 Except as otherwise provided in the Act or these regulations, every owner of a mineral right is liable for and shall pay in each year a tax in the amount of $3.70 for each hectare of the aggregate area of all mineral rights owned by the owner in the year, and a prorated amount for any area of any mineral rights owned by the owner that is not a full hectare. 28 Jan 2022 c M-17.1 Reg 9 s5. 6 M-17.1 Reg 9 MINERAL RIGHTS TAX, 2022 Notice of determination re section 15 of the Act 6(1) For the purposes of section 15 of the Act, the minister may issue a notice of determination stating the amount of mineral rights tax that the minister determines, based on the records of the ministry, that an owner is liable to pay. (2) An owner who receives a notice mentioned in subsection (1) may, within 90 days after receiving the notice, appeal the determination, and section 27 of the Act applies, with any necessary modification. 28 Jan 2022 c M-17.1 Reg 9 s6. Exemptions from mineral rights tax 7(1) The mineral rights tax does not apply to any mineral right: (a) in any lands the surface of which has been surveyed and is: (i) included in the right of way, railway right of way, station grounds, yards or terminals of any active railway operation; (ii) within the boundaries of any city, town, village or northern municipality; or (iii) subject to subsection (3), subdivided into lots intended for residential or commercial purposes, or both, or for a cemetery, and for which: (A) the Controller of Surveys has approved a plan of subdivision; (B) the Registrar of Titles has issued titles; and (C) the mineral title owner has made the minister aware of the intended use of the surface parcel being subdivided; or (b) included with entitlement mineral rights. (2) Notwithstanding subsection (1), the minister may use any means other than a survey plan recognized by the Controller of Surveys that the minister considers appropriate for identifying mineral parcels that are eligible for an exemption pursuant subsection (1). (3) Subclause (1)(a)(iii) does not apply in the case of a subdivision into lots intended for farming or resource extraction. 28 Jan 2022 c M-17.1 Reg 9 s7. Small amounts of tax 8(1) Subject to subsection (2), if the amount of the mineral rights tax imposed on an owner for any year would be less than $100, the amount of that tax for that year is deemed to be nil. (2) If an owner’s liability to pay the mineral rights tax was deemed to be nil as determined on May 1 in a year but the owner incurs additional tax liability after May 1 in that year as a result of one or more transactions, if the total adjusted tax liability is $100 or more, the owner: (a) is liable for the total so calculated; and (b) shall remit the total mineral rights tax to the minister within 60 days after the owner incurred the additional tax liability, in accordance with subsection 16(3) of the Act. 28 Jan 2022 c M-17.1 Reg 9 s8. 7 MINERAL RIGHTS TAX, 2022 M-17.1 Reg 9 Small holdings by individuals 9(1) If an owner is an individual, the mineral rights tax imposed on the owner for any year applies only to the aggregate area of all mineral rights owned by the owner in the year that exceeds 1,295 hectares. (2) For the purposes of subsection (1), the area of mineral rights held in trust for an individual is to be included in determining the aggregate area of mineral rights owned by that individual if the trustee: (a) is either: (i) a corporation that holds a valid licence pursuant to The Trust and Loan Corporations Act, 1997; or (ii) the Public Guardian and Trustee within the meaning of The Public Guardian and Trustee Act; and (b) has submitted to the minister, in a form and manner acceptable to the minister, information identifying and describing the mineral rights, including the associated title numbers, held in trust by it and the individual for whom they are held in trust. (3) A trustee mentioned in subsection (2) shall immediately inform the minister in writing of any change that materially affects the right of the individual to claim the exemption described in subsection (1). (4) In the case of a mineral right held by individual joint owners to which subsection 3(4) applies, those owners are entitled to the individual exemption described in subsection (1) of no more than 1,295 hectares, regardless of the number of individual joint owners recorded on the mineral titles. 28 Jan 2022 c M-17.1 Reg 9 s9. Small holdings by agricultural corporations 10(1) Subject to section 11, if an owner is an agricultural corporation, the mineral rights tax imposed on it for any year applies only to the aggregate area of all mineral rights owned by it in the year that exceeds 1,295 hectares. (2) An agricultural corporation shall follow the requirements of section 11 respecting qualifying for and claiming the exemption set out in subsection (1). 28 Jan 2022 c M-17.1 Reg 9 s10. Exemption for agricultural corporations 11(1) To qualify for an exemption pursuant to section 10, an agricultural corporation or its authorized representative shall apply to the minister for an exemption respecting its mineral rights ownership. (2) An application by an agricultural corporation for an exemption pursuant to subsection (1) is to: (a) subject to subsection (3), be in a form and manner acceptable to the minister and be submitted to the ministry; 8 M-17.1 Reg 9 MINERAL RIGHTS TAX, 2022 (b) contain any information the minister may require, including: (i) the name of the agricultural corporation; (ii) a corporate profile showing the shareholders or membership interest holders to indicate the ownership of and voting rights respecting the issued shares or membership interests of the agricultural corporation; (iii) the occupation and residence of each shareholder or membership interest holder of the agricultural corporation; (iv) the most recent financial statement of the agricultural corporation that: (A) is prepared: (I) in accordance with generally accepted accounting principles published by Chartered Professional Accountants of Canada, as amended from time to time; and (II) for a year that is not more than 2 years before the year in which the application is made; and (B) indicates the type of revenue and expenses of the corporation for the year in which the corporation is applying; and (v) the mineral title numbers associated with all of the mineral rights owned by the agricultural corporation; and (c) be verified by a declaration in a form and manner acceptable to the minister. (3) The application mentioned in subsection (2) is to be submitted: (a) if the EMS is operational, through the EMS; or (b) if the EMS is not operational, in any other manner that the minister approves and, in that case, the minister may publish notice of that manner on the ministry’s website. (4) The minister shall: (a) exempt an agricultural corporation if the minister is satisfied that: (i) the information contained in an application pursuant to subsection (2) is accurate and complete; and (ii) the applicant is an agricultural corporation; or (b) deny the exemption if the requirements set out in clause (a) are not met, and in that case the minister shall send a notice of the denial to the applicant in any manner that the minister considers appropriate. (5) An exemption granted by the minister pursuant to subsection (4) is to: (a) identify the agricultural corporation to which it is granted; and (b) describe the mineral rights owned by the agricultural corporation. 9 MINERAL RIGHTS TAX, 2022 M-17.1 Reg 9 (6) Subject to subsection (7), an exemption granted by the minister pursuant to subsection (4) must not be for a period exceeding 3 consecutive tax years, commencing the tax year in which the exemption is granted. (7) An agricultural corporation may apply for a further exemption in accordance with this section within 60 days before the expiry of an existing exemption. (8) Subject to subsection (9), if the minister grants an exemption pursuant to subsection (4) to an agricultural corporation, the agricultural corporation shall immediately inform the minister in writing of any change in any of the information contained in the application for the exemption that materially affects the right of the agricultural corporation to claim the exemption. (9) Subsection (8) does not apply if the only change is a change in the ownership of a mineral title that is registered by way of the EMS, if operational. (10) On receipt of any information pursuant to subsection (8), the minister may, if the circumstances warrant: (a) cancel the exemption; or (b) cancel the exemption and grant a new exemption that takes account of the new information for the remainder of the term for which the original exemption was granted. (11) Notwithstanding any other provision of this section, the minister may cancel any exemption at any time if the minister is satisfied that: (a) the applicant for the exemption was not, or is no longer, an agricultural corporation; or (b) the agricultural corporation has failed for any reason to inform the minister of any change in any of the information contained in the application for the exemption when required by subsection (8). (12) In the case of a non‑profit corporation registered pursuant to The Non‑profit Corporations Act, 1995 that derives the majority of its revenue from farming, the minister may grant an exemption to that corporation, and subsections (1) to (11) apply, with any necessary modification. 28 Jan 2022 c M-17.1 Reg 9 s11. Consequences of transfers of mineral rights holdings to tax exempt persons 12 For the purposes of subsection 17(2) of the Act: (a) the person transferring or agreeing to transfer the mineral right and the person who becomes the owner of the mineral right must be dealing at arm’s length within the meaning of section 251 of the Income Tax Act (Canada); and (b) the person transferring or agreeing to transfer the mineral right must not: (i) retain any interest in that mineral right by way of lease, profit a prendre or other similar interest; 10 M-17.1 Reg 9 MINERAL RIGHTS TAX, 2022 (ii) retain any right, option or privilege to acquire or re-acquire that mineral right or any interest in that mineral right; and (iii) retain any right, option or privilege to require or direct that any interest in that mineral right be transferred or conveyed to any other person. 28 Jan 2022 c M-17.1 Reg 9 s12. Conditions for reinstating tax exempt status in certain circumstances 13(1) For the purposes of subsection 17(3) of the Act and notwithstanding section 12 of these regulations, the minister may, subject to this section, grant a mineral rights tax exemption in the following circumstances: (a) an individual with previously tax exempt mineral titles transferred the individual’s mineral rights to a person; (b) as a result of the transfer mentioned in clause (a), the mineral rights became taxable; (c) the person mentioned in clause (a) transfers the mineral rights back to the same individual who was previously tax exempt pursuant to section 9; (d) the transfer mentioned in clause (c) is completed within 12 months after the day on which the mineral tax rights liability was established in accordance with section 15 of the Act; (e) the individual provides the minister with: (i) records of the mineral titles receiving tax exempt status; and (ii) an official record of each of the title transactions from the Registrar of Titles showing: (A) the individual’s initial ownership of the mineral titles; (B) the transfer of the individual’s mineral titles to the person mentioned in clause (a); and (C) the transfer of the person’s mineral titles back to the individual as described in clause (c). (2) If the individual mentioned in clause (1)(e) transfers the individual’s mineral rights or dies before the mineral transfer mentioned in clause (1)(c) and during the 12‑month period set out in clause (1)(d), the minister may accept the transferee or the deceased individual’s personal representative or rightful heirs, as the case may be, as the deceased individual’s surrogate if the conditions set out in subsection (4) are met. (3) The minister may, if the minister is satisfied that it is necessary, extend the period set out in clause (1)(d) from time to time. (4) For the purposes of subsection (2), the transferee, the personal representative or the rightful heirs, as the case may be, of the deceased individual must provide to the minister, in a form and manner acceptable to the minister: (a) in the case of an individual who is deceased, letters probate or letters of administration that confirm the status of the personal representative or rightful heirs, as the case may be; or 11 MINERAL RIGHTS TAX, 2022 M-17.1 Reg 9 (b) in the case of the transfer by the individual to a transferee, proof of the transferee’s succession in the ownership of the mineral title. (5) If the requirements of subsection (1) are not met and the period for reinstating tax exempt status set out in that subsection or, if applicable, subsection (3) has elapsed, the owner continues to be responsible for paying the mineral rights tax. (6) Notwithstanding clause (1)(d), if a person, before the day on which these regulations came into force, has contacted the ministry seeking a resolution with respect to circumstances described in subsection (1) and the ministry has a record of that contact, the person has, subject to subsection (7), 12 months from the day on which these regulations come into force to meet the requirements of subsection (1). (7) The minister may, if the minister is satisfied that it is necessary, extend the period set out in subsection (6) from time to time. (8) Nothing in this section prevents the minister from initiating the mineral title forfeiture proceedings pursuant to section 18 of the Act after the initial 12‑month period mentioned in clause (1)(d) or subsection (6), or any extension given pursuant to subsection (3) or (7), has elapsed and the outstanding mineral rights tax has not been paid. 28 Jan 2022 c M-17.1 Reg 9 s13. Arrears of taxes and impending forfeiture notification 14(1) For the purposes of clause 18(1)(a) of the Act, the Mineral Rights Tax Administrator shall obtain a record of the mineral title for the mineral right with respect to which the default occurred. (2) For the purposes of clause 18(1)(c) of the Act, the Mineral Rights Tax Administrator shall send a notice by registered mail to: (a) the owner of the mineral right, at the address of the owner shown on the record of the mineral title mentioned in subsection (1); (b) the current address of the owner of the mineral right according to the ministry’s records, if different from the address mentioned in clause (a); and (c) each person other than the owner who appears on the record of the mineral title to have an interest in the mineral right. (3) The notice mentioned in subsection (2) must contain: (a) a reference to the mineral title associated with the mineral right that is subject to forfeiture; (b) a statement of the amount of the arrears and of the costs of the forfeiture proceedings pursuant to subsection (5). (4) The notice mentioned in subsection (2): (a) must be published on the Government of Saskatchewan’s website; and (b) may be published by any other manner of electronic communication that the minister considers appropriate. (5) The cost of forfeiture proceedings is $100. 28 Jan 2022 c M-17.1 Reg 9 s14. 12 M-17.1 Reg 9 MINERAL RIGHTS TAX, 2022 Assessments and reassessments 15(1) For the purposes of subsection 26(2) of the Act, the form of a notice of assessment or reassessment to be sent by the minister must include the following: (a) the name and contact information of the taxpayer; (b) any administrative number assigned to the taxpayer by the minister or the Mineral Rights Tax Administrator; (c) the mineral title number identifying and describing the mineral rights for which the taxpayer is liable to pay tax. (2) Subject to section 18, for the purposes of subsection 26(2) of the Act, the minister may send a notice of assessment or reassessment: (a) through the EMS, if operational; or (b) by any other manner of communication that the minister considers appropriate to ensure that the notice is brought to the taxpayer’s attention. (3) For the purposes of subsection 27(1) of the Act: (a) “mailed”, with respect to a notice of assessment or reassessment, includes the sending of that notice in a manner set out in subsection (2); and (b) the 90‑day period for the commencement of an appeal may be extended if the taxpayer who objects to the assessment or reassessment establishes that, through no fault of the taxpayer, the notice of assessment or reassessment was not received or was received at a date significantly later than the date on which the notice was sent. 28 Jan 2022 c M-17.1 Reg 9 s15. Mineral titles issued re new parcels 16 Notwithstanding any other provision of this Part, if the Registrar of Titles issues a mineral title for a new mineral parcel in accordance with section 44 of The Land Titles Act, 2000 after May 1 in any year, the liability for the mineral rights tax of the owner of that mineral title is to be determined on May 1 in the following year in accordance with the records of the ministry on that date. 28 Jan 2022 c M-17.1 Reg 9 s16. PART 3 Mineral Rights Tax Electronic Management System (EMS) Application of Part 17 Subject to section 24, this Part applies with respect to the administration of mineral rights tax if the Mineral Rights Tax Electronic Management System described in Part III.1 of the Act is established and becomes operational. 28 Jan 2022 c M-17.1 Reg 9 s17. 13 MINERAL RIGHTS TAX, 2022 M-17.1 Reg 9 Contact information 18(1) If the minister is required or authorized to provide documents or information to a person pursuant to the Act or these regulations, the minister: (a) shall provide those documents or that information to the person by using the contact information, if any, that is contained in the EMS; and (b) may provide those documents or that information to the person in any other manner that the minister considers appropriate to ensure that the documents and information are brought to the person’s attention. (2) In the case where there is joint ownership in a mineral title, the minister may designate one of the joint owners as the person to whom documents or information is to be provided for the purposes of subsection (1). (3) The minister may consider any request made in writing by any of the joint owners for the purposes of making the designation mentioned in subsection (2). 28 Jan 2022 c M-17.1 Reg 9 s18. Registerable instrument 19 For the purposes of sections 19.2 and 19.3 of the Act, the following instruments may be registered by way of the EMS: (a) an instrument that evidences: (i) a transfer of ownership of a mineral title; (ii) a change of name of the registered owner of a mineral title; (iii) a mineral rights tax exemption granted, or cancellation or denial notice issued, pursuant to section 11 of these regulations; (iv) an agreement of sale described in section 8 of the Act; (b) a certificate of amalgamation or a certificate of amendment issued pursuant to The Business Corporations Act or the Canada Business Corporations Act; (c) any other instrument that the minister considers appropriate to be registered by way of the EMS. 28 Jan 2022 c M-17.1 Reg 9 s19. Searches 20(1) For the purposes of this section and sections 21 and 22, an owner or any other person with an interest in a mineral title may designate an authorized representative to do the things mentioned in those sections. (2) A user of the EMS may do any or all of the following: (a) conduct a search of current and previous tax invoices for the user’s taxable mineral rights holdings, if available in the EMS; (b) submit information that pertains to section 9 and apply for an exemption pursuant to section 11; 14 M-17.1 Reg 9 MINERAL RIGHTS TAX, 2022 (c) conduct a search of the information and instruments registered against the user’s taxable mineral rights holdings, if available in the EMS; (d) any other activity that the minister considers reasonable in order to allow that user to administer its mineral rights tax information. 28 Jan 2022 c M-17.1 Reg 9 s20. Amendments, cancellations, discharges in EMS 21(1) On application by an EMS user, or on the initiative of the minister, the minister may: (a) amend an entry in the EMS; or (b) cancel or discharge any entry made in error in the EMS. (2) The minister shall record the reason for any amendment, cancellation or discharge made in the EMS pursuant to this section. (3) The minister shall notify the parties affected by the amendment, cancellation or discharge authorized by subsection (1): (a) before the amendment, cancellation or discharge unless the minister is of the opinion that a delay in making the amendment, cancellation or discharge would have a deleterious effect on the EMS; or (b) as soon as is reasonably possible after making the amendment, cancellation or discharge. 28 Jan 2022 c M-17.1 Reg 9 s21. Requests for services, etc. 22(1) Subject to subsection (2), a user of the EMS may request that the ministry: (a) provide a service that is otherwise available on a self‑service basis; or (b) prepare: (i) a historical abstract; or (ii) a copy of a record, including a certified copy of a record. (2) The minister may deny any request made pursuant to clause (1)(a) if the minister is satisfied that the user, with reasonable diligence, is able to access the service requested on a self‑service basis. 28 Jan 2022 c M-17.1 Reg 9 s22. Other records 23 The minister may make any other entries, and keep any other records, in the EMS that the minister considers necessary with respect to the carrying out of the minister’s responsibilities with respect to these regulations. 28 Jan 2022 c M-17.1 Reg 9 s23. 15 MINERAL RIGHTS TAX, 2022 M-17.1 Reg 9 Other methods of administering mineral rights tax valid 24 Nothing in this Part prevents the Mineral Rights Tax Administrator from using methods and systems other than, or in addition to, the EMS in administering the mineral rights tax in accordance with the Act and these regulations, and the use of those methods and systems, if otherwise lawful, is deemed valid and binding according to its tenor and effect. 28 Jan 2022 c M-17.1 Reg 9 s24. Exceptional circumstances affecting operation of EMS 25 If the minister is satisfied that exceptional circumstances exist that make it impractical or impossible to operate the EMS, the minister may extend the period for the doing of anything, required or permitted by the Act or these regulations, including the delivery of any return, application, notice or other document, for a reasonable period that takes into account: (a) the period for which the operation of the EMS is affected; and (b) the ability of the minister, the Mineral Rights Tax Administrator and any person using the EMS to arrange for the use of other acceptable methods in accordance with these regulations. 28 Jan 2022 c M-17.1 Reg 9 s25. PART 4 Rate of Interest Rate of interest 26(1) For the purposes of subsection 22(1) of the Act, the prescribed rate of interest payable by a taxpayer is to be determined in accordance with The Mineral Taxation Late Payment Interest Charges Regulations. (2) For the purposes of subsection 22(2) of the Act, the prescribed rate of interest for refunds is the prime lending rate of the bank holding the general revenue fund as determined and adjusted in accordance with this section. (3) The interest rate set out in subsection (2) is to be determined on June 15 and December 15 in each year and: (a) the interest rate as determined on June 15 applies to refunds that are owing on or after July 1; and (b) the interest rate as determined on December 15 applies to refunds that are owing on or after January 1 of the following year. 28 Jan 2022 c M-17.1 Reg 9 s26. 16 M-17.1 Reg 9 MINERAL RIGHTS TAX, 2022 PART 5 Repeal and Coming into Force RRS c M‑17.1 Reg 7 repealed 27 The Mineral Rights Tax Regulations, 1998 are repealed. 28 Jan 2022 c M-17.1 Reg 9 s27. Coming into force 28(1) Subject to subsection (2), these regulations come into force on the day on which section 1 of The Mineral Taxation (Modernization) Amendment Act, 2020 comes into force. (2) If these regulations are filed with the Registrar of Regulations after the day on which section 1 of The Mineral Taxation (Modernization) Amendment Act, 2020 comes into force, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 28 Jan 2022 c M-17.1 Reg 9 s28. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2022