NLIS 1
November 25, 2002
(Finance)
The Mineral Rights Tax -
Setting the Record Straight
Finance Minister Joan Marie Aylward responded
on November 24 to the publicity campaign orchestrated by Archean Resources
Limited, and assisted by the Newfoundland and Labrador Chamber of Mineral
Resources, respecting the Mining and Mineral Rights Tax Act. Minister
Aylward issued the following statement:
"Archean, in a full page ad in the
Telegram on November 23 and 24, 2002, purports to give the �straight
facts. However, in doing so, they have conveniently cut corners - they omit
critical facts.
"While there are a number of substantive
amendments being proposed for the Mining and Mineral Rights Tax Act, the tax
on royalties is not new. It has been in place since 1975 and was implemented
by the Moores government based upon recommendations of the Royal Commission
on Mineral Revenues in 1974. It is generic, that is, it applies to all
mining projects in the province where the operator pays a royalty to another
person.
Mineral Resources - Who Owns Them
"Non-renewable mineral resources belong to the people of the province.
They do not belong to explorationists, nor to developers. Voisey�s Bay is
a world class mineral resource. Chris Verbiski and Al Chislett, the
discoverers of the Voisey�s Bay deposit and principles of Archean, stand
to benefit substantially from the development of the people�s
non-renewable resource. Should the province receive compensation for the
depletion of its resources, whether mineral or petroleum, or should we give
them away? Should Archean acquire enormous wealth from the mineral resources
of the people without compensation to the people, other than corporate
income tax, most of which goes to the federal government? Those who benefit
should compensate the people who own the resource. The Mining and Mineral
Rights Tax has been designed to do this since 1975.
The Legal Process
"Archean claims that government �hijacked the legal process�
because the province has advised the Supreme Court of Canada that it intends
to clarify the existing applicable law. What Archean does not say, is that
it took the province to court in 1998 and lost its case in the Newfoundland
and Labrador Supreme Court, Trial Division. It appealed this judgement and
lost by unanimous decision in 2002 in the Court of Appeal, the highest court
in the province. The amendment to the Mining and Mineral Rights Tax Act
serves only to affirm government�s policy intent to receive part of the
compensation for the use of the non-renewable resource from recipients of
royalties.
The So Called "Fugitive Tax"
"Archean claims that the Mineral
Rights Tax is a �fugitive tax� targeted specifically to John C. Doyle,
and suggests that the tax has not been otherwise applied. This is simply not
the case. This tax has been consistently applied since 1975 to all royalty
recipients. The Court of Appeal, not only upheld government�s
interpretation of the law, but expressed the view that, in imposing the tax
on Archean, the legislation was doing exactly what it was intended to do.
Errors of Omission
"Archean does not acknowledge
that the proposed amendments to the Mining and Mineral Rights Tax Act
provide more incentives for explorationists than the current regime. Under
the amended legislation, there would be no tax on a royalty recipient who
receives up to $100,000 per year, and there would be a partial tax on
royalty income up to $200,000. A feature of the proposed legislation would
allow explorationists to deduct exploration expenses for other properties
against their royalty income. This new feature represents a tax break of
$200,000 per year for Archean.
Newfoundland and Labrador�s Competitive
Position
"Archean has expressed the view
that other provinces do not impose a tax on royalty income. What they fail
to mention is that these provinces, unlike Newfoundland and Labrador, do not
allow a tax deduction to the company which pays the royalty. The fact is
that all provinces effectively tax the royalty income. The only difference
is that Newfoundland and Labrador shares the tax burden among all the
parties that benefit.
Conclusion
"Archean appears to have negotiated a net smelter royalty contract in
1993 without determining the tax consequences of the transaction. They are
now looking to the government to change the tax act, an act which was in
place at the time they negotiated their arrangement, so that they can add to
the enormous benefits that they stand to receive. They would have us
believe, however, that their purpose in eliminating the tax is that it
discourages exploration. The reality is that the only party which is
negatively impacting exploration in this province is Archean through their
provincial and national publicity campaign, the result of which is to escape
payment to the people of the province for their resources.
"Archean Resources say they are
satisfied to pay their fair share. This does not appear to include a share
of the benefit they receive from the peoples� resource. It is a sad day
for the province, when a company which stands to benefit substantially from
a non-renewable resource does not feel that they should provide compensation
to the people of the province for the use of their resource. The people
expect and demand their fair and rightful share from those who benefit.
"Government asks Archean to state
publicly how much they expect to receive, after tax, from this
project. The people of the province can then determine whether Archean is
being adequately compensated for their discovery of the resource at Voisey�s
Bay."
Media contact: Josephine Cheeseman (709)
729-0329; 687-3353
2002 11
25
11:45 a.m.
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