Cases
The Queen v. Gulf Canada Resources Ltd., 96 DTC 6065, [1996] 2 CTC 55 (FCA)
Pratte J.A. found (contrary to the interpretation of the minority) that the definition of "minerals" supposed that bituminous sands are included in the meaning of the phrase "petroleum ... or related hydrocarbons".
Administrative Policy
16 June 2017 External T.I. 2016-0673551E5 - Certification of Mineral Resource
In explaining the denial of a certification request, CRA stated:.
The Minister of Natural Resources has advised that the principal mineral, nephrite, to be extracted from the Properties is not an industrial mineral contained in non-bedded deposits as it will be used as a construction material.
16 June 2017 External T.I. 2016-0674541E5 - Mineral Certification
The Minister of Natural Resources had advised that the principal mineral, nephrite (a type of jade), to be extracted from the in-situ deposits on the subject property was an industrial mineral contained in non-bedded deposits, subject to certain exceptions including placer nephrite deposits. The latter were considered to fail to meet this definition. CRA then stated:
Moreover, it is our view that the placer nephrite deposits on the Property do not qualify as a mineral resource pursuant to the definition of this term in subsection 248(1) of the Act.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 66.1 - Subsection 66.1(6) - Canadian exploration expense - Paragraph (f) | exploring a placer jade deposit did not qualify as CEE | 112 |
11 September 2007 External T.I. 2007-0227421E5 F - Investment tax Credit - Production of Slate
In finding that the harvesting of slate from a quarry likely constituted “producing industrial minerals” for purposes of s. (c)(vii) of "qualified property" in s. 127(9), rather than "extracting minerals from a mineral resource" for purposes of s. (c)(v) thereof, CRA stated:
[S]late, if mined for roofing or flooring tiles, would certainly qualify as an industrial mineral.
Furthermore, with respect to subparagraph (d)(i) of the definition of "mineral" in subsection 248(1) … experts from the Ministry of Natural Resources have advised us that the degree of metamorphism that the primary rock has undergone is unlikely to have completely erased the stratification of the deposit. Under those conditions, the deposit would therefore be excluded from the definition of "mineral" in subsection 248(1).
8 June 1994 External T.I. 9414625 - MINING TAILINGS
Mine tailings are not considered to be a mineral resource.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(v.1) | 23 |
November 1991 Memorandum (Tax Window, No. 12, p. 21, ¶1564)
Where the Minister of Energy, Mines and Resources has certified that the principal mineral extracted from a particular deposit is an industrial mineral contained in a non-bedded deposit, the deposit will continue to qualify as a "mineral resource" even after being sold to a new owner.