Short Title

Marginal note:Short title

1 This Act may be cited as the Yukon Quartz Mining Act.

Interpretation

Marginal note:Definitions

1.1 The definitions in this section apply in this Act.

Department

ministère

Department means the Department of Indian Affairs and Northern Development. (ministère)

mineral

minéral

mineral means all deposits of gold, silver, platinum, iridium or any of the platinum group of metals, mercury, lead, copper, iron, tin, zinc, nickel, aluminum, antimony, arsenic, barium, bismuth, boron, bromide, cadmium, chromium, cobalt, iodine, magnesium, molybdenum, manganese, phosphorus, plumbago, potassium, sodium, strontium, sulphur or any combination of those elements with themselves or with any other elements, quartz, metallic oxides and silicates, and the ores of radium, tungsten, titanium and zirconium, asbestos, emery, mica, mineral pigments, corundum and diamonds, but does not include limestone, marble, clay, gypsum or any building stone when mined for building purposes, earth, ash, marl, gravel, sand or any element that may, in the opinion of the Minister, form a portion of the agricultural surface of the land. (minéral)

Minister

ministre

Minister means the Minister of Indian Affairs and Northern Development. (ministre)

Territory

Territoire

Territory means the Yukon Territory. (Territoire)

PART IDisposition of Crown Mineral Rights

INTERPRETATION

Marginal note:Definitions

• 2 (1) In this Part,

  adjoining claims

  claims adjacents

  adjoining claims means those mineral claims that come into contact one with the other at some point on the boundary lines or that share a common boundary; (claims adjacents)

  cause

  cause

  cause includes any suit or action; (cause)

  Commissioner

  commissaire

  Commissioner means the Commissioner of the Territory or such person as for the time being is invested with and has the powers of the Commissioner of the Territory; (commissaire)

  Department

  Department[Repealed, 1996, c. 27, s. 2]

  ditch

  fossé

  ditch includes a flume, pipe, race or other artificial means for conducting water by its own weight, to be used for mining purposes; (fossé)

  document

  document

  document means any assignment, transfer bill of sale or other writing that may in any way affect the title of a mineral claim; (document)

  entry

  inscription

  entry means not only the record of a mineral claim in the books of a mining recorder, but also the grant that may be issued for that claim; (inscription)

  full claim

  claim entier

  full claim means any mineral claim of the full size; (claim entier)

  judgment

  jugement

  judgment includes order or decree; (jugement)

  legal post

  borne légale

  legal post means a stake or post of any kind of sound timber of sufficient length so that when firmly planted in the ground in an upright position, not less than four feet of such post is above ground, and the post must be of such diameter that when squared or faced for eighteen inches from the top end, each face of the squared or faced portion is not less than four inches in width across the face for the full eighteen inches or, if a tree of suitable size is found in position, it may be made into a post by cutting the tree off not less than four feet from the ground and squaring and facing the upper eighteen inches, each face of the portion so squared or faced to be not less than four inches in width, and, whether a post is planted or a stump of a tree is made into a post, a mound of stones or earth shall be erected around the base of the post, which mound of earth or stones shall be not less than three feet in diameter on the ground and not less than eighteen inches high, cone-shaped and well constructed; (borne légale)

  location line

  ligne d’emplacement

  location line means a straight line opened or indicated throughout between No. 1 and No. 2 location posts of a mineral claim and joining them; (ligne d’emplacement)

  mill-site

  emplacement d’usine

  mill-site means a plot of ground leased under section 122 for the purpose of erecting thereon any machinery or other works for transporting, crushing, reducing or sampling ores, or for the transmission of power for working mines; (emplacement d’usine)

  mine

  mine

  mine means any land in which any vein, lode or rock in place is mined for gold or other minerals, precious or base; (mine)

  mineral

  mineral[Repealed, 1996, c. 27, s. 2]

  mineral claim, claim or location

  claim minier, claim ou emplacement

  mineral claim, claim or location means a plot of ground staked out and acquired under the provisions of this Part or under the regulations or orders in council in force prior to July 19, 1924; (claim minier, claim ou emplacement)

  mining district

  district minier

  mining district means the mining districts into which the Territory is divided under the authority of the Yukon Placer Mining Act; (district minier)

  mining property

  propriété minière

  mining property includes every mineral claim, ditch, mill-site or water right used for mining purposes and all other things belonging to a mine or used in the working thereof; (propriété minière)

  mining recorder and mining recorder’s agent

  registraire minier ou agent du registraire minier

  mining recorder and mining recorder’s agent mean the officer appointed for the particular purpose referred to; (registraire minier ou agent du registraire minier)

  Minister

  Minister[Repealed, 1996, c. 27, s. 2]

  record, register and registration

  archives, registre ou enregistrement

  record, register and registration have the same meaning, and mean an entry in an official book kept for that purpose; (archives, registre ou enregistrement)

  representation or assessment

  travaux obligatoires ou évaluation

  representation or assessment means the work to be done or the payment to be made each year to entitle the owner of a mineral claim to a certificate of work; (travaux obligatoires ou évaluation)

  rock in place

  roche en place

  rock in place means all rock in place bearing valuable deposits of mineral; (roche en place)

  saline solution or brine

  solution saline ou saumure

  saline solution or brine means an aqueous solution of mineral salts occurring in a natural state and containing more than one per cent of mineral salts in solution; (solution saline ou saumure)

  Territory

  Territory[Repealed, 1996, c. 27, s. 2]

  vein or lode

  veine ou filon

  vein or lode includes rock in place. (veine ou filon)

• Marginal note:Application

  (2) This Part is applicable only to minerals on territorial lands situated within the Territory.

• Marginal note:Application to mineral claims or locations

  (3) All the provisions of this Part apply, and shall be deemed to have applied on and from July 19, 1924, to all mineral claims or locations, whether staked out and acquired prior or subsequent to that date.

• Marginal note:Part I is subject to Part II

  (4) This Part shall be construed as being subject to Part II and the regulations made thereunder, to the extent that the provisions of Part II and of the regulations made thereunder apply in respect of the lands in question.

DUTIES OF MINING RECORDER

Marginal note:Books kept by mining recorder

3 Every mining recorder shall keep the following books to be used for quartz mining entries:

• (a) record of applications;

• (b) record of leases issued;

• (c) record book; and

• (d) record of documents received.

Marginal note:Date of entry

4 Every entry made in any of the books of a mining recorder shall show the date on which the entry is made.

Marginal note:Books open to public

5 All books of record and documents filed in the office of a mining recorder shall, during office hours, be open to public inspection free of charge.

Marginal note:Monthly statement

6 A statement of the grants issued and fees collected by a mining recorder shall be rendered to the Minister by the mining recorder at least once every month, and the statement shall be accompanied by the amount collected or, if the money has been deposited to the credit of the Receiver General, by the deposit receipts.

Marginal note:Relocation of claims

7 Where a mineral claim has been abandoned or forfeited by any person, a mining recorder may, in his discretion, permit that person to relocate the mineral claim or any part thereof, but the relocation does not prejudice or interfere with the rights or interests of others.

Marginal note:Notice of relocation

8 No mineral claim that has been abandoned or forfeited shall be relocated by or on behalf of the former holder thereof within thirty days of its being abandoned or forfeited, until after notice of the abandonment or forfeiture has been posted up for at least a week in a conspicuous place on the claim and in the office of the mining recorder or until a statutory declaration has been filed with the mining recorder that the notice has been so posted.

Marginal note:Space for deposit of material

9 A mining recorder may mark out a space of ground for deposit of material from any tunnel, mineral claim or mining ground, on such terms as he may think just.

Marginal note:Safety of public, etc.

10 A mining recorder may summarily order any mining works to be so carried on as not to interfere with or endanger the safety of the public or any employee of the mining works, any public work, highway, mining property or mineral claim, mining claim, bed-rock drain or bed-rock flume, and any abandoned works shall by the order of the mining recorder be either filled up or guarded to his satisfaction.

Marginal note:Change of name

11 Where a mineral claim has been recorded under any name, and the owner of the claim or his agent is desirous of changing the name, a mining recorder may, on application being made by the owner or agent, and on payment of a fee of twenty-five dollars, amend the record accordingly, but that change of name does not in any way affect or prejudice any proceedings or execution against the owner of the claim.

RIGHT TO ACQUIRE MINERAL CLAIMS

Marginal note:Entry, location and mining

12 Any individual eighteen years of age or over may enter, locate, prospect and mine for minerals on

• (a) any vacant territorial lands in the Territory; and

• (b) any lands in the Territory in respect of which the right to enter, prospect and mine for minerals is reserved to the Crown.

Marginal note:Savings

13 No mineral claim recorded before June 7, 1984 shall be held invalid by reason only that

• (a) during any period of twelve months more than seven mineral claims were located by the same person, whether personally, as attorney for another or by an attorney, within a distance of ten miles from any other mineral claim located by him, whether personally, as attorney for another or by an attorney, during that period; or

• (b) a power of attorney authorizing a person to enter, locate, prospect or mine was not filed with a mining recorder before the entering, locating, prospecting or mining was undertaken.

Marginal note:Exceptions

• 14 (1) There shall be excepted from the provisions of section 12 any land occupied by any building, any land falling within the curtilage of any dwelling-house and any land valuable for water-power purposes, or for the time being actually under cultivation, unless with the written consent of the owner, lessee or locatee or of the person in whom the legal estate therein is vested, any land on which any church or cemetery is situated, any land lawfully occupied for mining purposes and Indian reserves, national parks and defence, quarantine or other like reservations made by the Government of Canada, except as provided by section 15.

• Marginal note:Vacant lands

  (2) Where two or more mineral claims are contiguous and comprise a group recorded in the name of one person and it was the manifest intention of the locator of those claims, as shown by the sketches accompanying the applications for the claims, to include as part of the claims all the lands lying within the outside limits of that group and extensions of the outside limits, the vacant lands within the limits and extensions, but outside the limits of any claim, shall be open for staking only by the recorded owner of that group, but any such land may on survey be included in one or more of those claims by a Canada Lands Surveyor pursuant to this Part.

• Marginal note:Lands not so included open for staking

  (3) Any land that is available only to the recorded owner of mineral claims under subsection (2) and is not included in any claim by the Canada Lands Surveyor is, on approval of the survey of those claims by the Surveyor General, available for staking by any person under this Part.

Marginal note:Exception

• 14.1 (1) Section 12 does not apply to lands entry on which for the purpose of locating a claim or prospecting or mining for minerals is prohibited by an order under subsection (2), except on the terms and conditions, if any, set out in the order.

• Marginal note:Order prohibiting entry

  (2) Where, in the opinion of the Governor in Council, any land in the Territory may be required for a harbour, airfield, road, bridge or other public work or for a national park, historic site or town site, the settlement of aboriginal land claims or any other public purpose, the Governor in Council may, by order, prohibit entry on that land for the purpose of locating a claim or prospecting or mining for minerals except on such terms and conditions as the Governor in Council may prescribe.

• Marginal note:Contents of order

  (3) An order under subsection (2) shall

  • (a) indicate the public work or public purpose for which the lands may be required; and

  • (b) set out the terms and conditions, if any, on which entry for the purpose of locating a claim or prospecting or mining for minerals is permitted.

Marginal note:Security

• 15 (1) No person shall enter on for mining purposes or shall mine on lands owned or lawfully occupied by another person until adequate security has been given, to the satisfaction of a mining recorder, for any loss or damage that may be thereby caused.

• Marginal note:Dispute respecting security

  (2) Any dispute respecting a decision of the mining recorder under subsection (1) as to the security to be given shall be heard and determined by the Yukon Surface Rights Board in accordance with the Yukon Surface Rights Board Act on application by the person who is to give the security or the owner or lawful occupant of the lands.

Marginal note:Compensation

15.1 Persons locating, prospecting, entering on for mining purposes or mining on lands owned or lawfully occupied by another person shall make full compensation to the owner or occupant of the lands for any loss or damage so caused, which compensation, in case of dispute, shall be determined by the Yukon Surface Rights Board in accordance with the Yukon Surface Rights Board Act.

SIZE OF MINERAL CLAIMS AND NUMBER THAT MAY BE ACQUIRED

Marginal note:Size of claims

• 16 (1) Any person who desires to locate a mineral claim shall, subject to the provisions of this Part with respect to land that may be located for that purpose, enter on the land and locate a rectangular plot of ground not exceeding one thousand five hundred feet in length by one thousand five hundred feet in breadth.

• Marginal note:Priority of right

  (2) Priority of location shall be deemed to convey priority of rights to mineral claims located, but no locator of a claim has any prior rights unless and until he has located his claim in accordance with this Part.

• Marginal note:Subject to recording, etc.

  (3) Priority of right is in all cases subject to the mineral claim being recorded within the times specified in this Part and subsequently maintained in good standing.

• Marginal note:Angles

  (4) All angles of a mineral claim shall be right angles, except in cases where a boundary line of a previously located claim is adopted as common to both locations.

• Marginal note:Horizontal measurement

  (5) In defining the size of a mineral claim, it shall be measured horizontally, irrespective of the inequalities of the surface of the ground.

Marginal note:Fractional mineral claims

17 Any person of the prescribed age who desires to locate a fractional mineral claim shall, subject to the provisions of this Part with respect to land that may be located for that purpose, enter on the land and locate any plot of ground lying between and bounded on opposite sides by previously located mineral claims and measuring less than one thousand five hundred feet in length by one thousand five hundred feet in breadth as a fractional mineral claim, which claim need not be rectangular in form and the angles need not be right angles, and the lines of the previously located mineral claims, whether surveyed or not, between which the fractional mineral claim is located, may be adopted as the boundaries of the fractional mineral claim.

Marginal note:Iron and mica

• 18 (1) The Minister may grant a location for the mining of iron and mica, not exceeding one hundred and sixty acres in area, which location shall be bounded by due north and south and east and west lines, and its breadth and length shall be equal.

• Marginal note:Exception respecting other minerals

  (2) Should any person making any application purporting to be for the purpose of mining iron or mica obtain possession of a valuable mineral deposit other than iron or mica, the right of that person to that deposit shall be restricted to the area prescribed in this Part for other minerals, and the rest of the location, in so far as the valuable deposit is concerned, shall thereupon remain in the Crown for such disposition as the Minister may direct.

Marginal note:Surface not included

19 The grant issued for a location described in section 18 shall include the right to the iron and mica only and shall not include the surface rights.

Marginal note:Location and survey of other claims

20 All the requirements of this Part respecting the location and survey of other mineral claims govern those locations as far as they can be made to apply, and the amount to be expended each year in representation work, or to be paid in lieu thereof, shall be double the amounts prescribed in sections 54 and 57.

HOW A MINERAL CLAIM SHALL BE STAKED

Marginal note:Posts

• 21 (1) Every mineral claim shall be marked on the ground by two legal posts firmly planted in the ground, one at each extremity of the location line, which shall be known as location post No. 1 and location post No. 2.

• Marginal note:Location line

  (2) The location line may have any bearing or direction, but must be a straight line measured horizontally between the location posts.

• Marginal note:Distance

  (3) The distance between post No. 1 and post No. 2 shall not exceed one thousand five hundred feet, but it may be less.

Marginal note:Inscriptions

22 The inscriptions to be placed on legal posts shall be and remain clearly and legibly marked by knife, marking iron, crayon or pencil.

Marginal note:Marking on location post No. 1

23 On location post No. 1, on the side of that post facing in the direction of location post No. 2, shall be marked, beginning near the top of the portion faced and extending downward, the following:

• (a) No. 1;

• (b) the name given to the mineral claim;

• (c) the letter indicating the direction of location post No. 2 — “N” for north or northerly, “S” for south or southerly, “W” for west or westerly and “E” for east or easterly;

• (d) the number of feet lying to the right and the number of feet lying to the left of the location line — “R” for right and “L” for left;

• (e) the month and date of the month on which the location was made;

• (f) the year; and

• (g) the name of the person locating the mineral claim.

Marginal note:Marking on location post No. 2

24 On location post No. 2, on the side of that post facing in the direction of location post No. 1, shall be marked, beginning near the upper end of the portion faced and extending downward, the following:

• (a) No. 2;

• (b) the name given to the mineral claim;

• (c) the month and date of the month on which the location was made;

• (d) the year; and

• (e) the name of the person locating the mineral claim.

Marginal note:Stand of locator

25 The locator of a mineral claim standing at location post No. 1 and facing in the direction of post No. 2 shall have the right and left of the location line to his right and left respectively.

Marginal note:Marking of fractional mineral claim

26 The markings on the location posts of a fractional mineral claim shall be the same as those on a claim of the full size, with the addition of the letter “F” for fractional immediately below the name given to the claim, and below that the length of the location line in feet.

Marginal note:Witness post to be marked “W.P.”

27 Where it is impossible, owing to the presence of water or other insurmountable obstacle, to set post No. 2 in its proper position at one end of the location line, the locator of a mineral claim may set up a witness post on the location line as near as possible to where post No. 2 should have been placed, and on that witness post he shall place, in addition to that already prescribed in this Part to be placed on post No. 2, the letters “W.P.” and the distance in feet and the direction of the point at which post No. 2 would have been placed had it been possible to do so.

Marginal note:When witness post considered to be location post No. 2

• 28 (1) If a locator marks the location of his mineral claim by means of a witness post and it is subsequently ascertained to the satisfaction of the Commissioner that such action was not necessary and that it was possible at the time to set post No. 2 in its proper place on the location line, the witness post shall be considered and dealt with as location post No. 2 of the claim and shall be regarded as the termination of the location line.

• Marginal note:No witness post at No. 1

  (2) Location post No. 1 shall not under any circumstances be marked with a witness post.

Marginal note:Marking by holder when mineral claim located

29 When a mineral claim has been located, the locator of the claim shall immediately mark the location line between post No. 1 and post No. 2 so that it can be distinctly seen throughout its entire length, and in a timbered locality, the marking shall be done by blazing trees and cutting underbrush, and in a locality where there is neither timber nor underbrush, the locator shall set legal posts or erect monuments of earth or rock not less than eighteen inches high and three feet in diameter at the base.

Marginal note:Sides of mineral claim located

• 30 (1) The sides of a mineral claim located as of the full size shall be parallel to the location line of that claim, but subject to any claims previously located, and the ends of a mineral claim shall be at right angles to the location line, but subject to interference with claims already located.

• Marginal note:Location line as one of the sides

  (2) The location line of a mineral claim may form one of the sides of the claim, or a portion of the location may lie on either side of that line, but the number of feet lying to the right of the location line and the number of feet lying to the left thereof shall not exceed in all one thousand five hundred feet.

Marginal note:Examples

31 The following is an example of inscriptions to be placed on posts:

Marginal note:Particulars of inscriptions

• 32 (1) Particulars of all inscriptions put on post No. 1 and post No. 2 shall be furnished by the locator of a mineral claim to a mining recorder in writing at the time the claim is recorded and shall form a part of the record of the claim.

• Marginal note:Plan to be submitted

  (2) The locator of a mineral claim shall submit with his application for recording the claim a plan in duplicate showing as clearly as possible the position of the location applied for in its relation to the prominent topographical features of the district and to the adjoining claims or any other known point and the position of the stakes by which the location is marked on the ground.

Marginal note:Validity of location

33 Failure on the part of any locator of any mineral claim located in the Territory prior to July 19, 1924 to have complied in every respect with the provisions of the mining regulations or of this Part governing the location of that mineral claim, with respect to exact size of location posts and discovery posts, the erection of a mound of stones or earth around the base of the posts and failure to have discovered mineral or minerals in place within the area of that claim or on the location, shall be deemed not to invalidate the location or the record and title of that claim, if there has been an approximate and substantial compliance with the mining regulations or law in force and regulating and governing the location and recording of mineral claims at the time of the location of that claim, and if the non-observance of any of the requirements with respect to location, application and recording is not of a character calculated to mislead other persons desiring to locate claims in the vicinity.

REMOVING OR DEFACING POSTS

Marginal note:Removing or defacing posts

• 34 (1) It shall not be lawful to move post No. 1, and post No. 2 may be moved only by a Canada Lands Surveyor, when it is found on making a survey that the distance between post No. 1 and post No. 2 exceeds one thousand five hundred feet, in order to place post No. 2 at a distance of one thousand five hundred feet from post No. 1 on the line of location of a mineral claim.

• Marginal note:Distance less than 1,500 feet

  (2) When the distance between post No. 1 and post No. 2 is less than one thousand five hundred feet, the mineral claim shall not extend beyond post No. 2 as originally placed.

Marginal note:Unlawful moving or defacing

35 It is not lawful for any person to move any location post or to deface or to alter in any manner the notices on the post except as provided in this Part.

Marginal note:Punishment

36 Any person who removes or disturbs with intent to remove any legal post, stake, picket or other mark placed under this Part or defaces or alters in any manner the notices on any of the legal posts placed thereon under this Part is on summary conviction liable to a fine not exceeding one hundred dollars and costs, and in default of payment of the fine and costs to imprisonment for any period not exceeding six months.

Marginal note:Moving of posts of fractional mineral claim with permission

37 When a fractional mineral claim has been located between previously located and unsurveyed mineral claims, and when any such previously located mineral claims are surveyed, if any of the posts of the fractional mineral claim are found to be on the previously located mineral claims, the location of the fractional mineral claim is not invalid by reason of the location posts of the fractional mineral claim being on the previously located mineral claims, and the owner of the fractional mineral claim may, by obtaining the permission of the mining recorder for the district in which the claim is situated, move the posts of the fractional mineral claim and place them on the surveyed line of the adjoining previously located mineral claims.

Marginal note:Privilege of Canada Lands Surveyors

38 Nothing in this Part shall be construed as preventing Canada Lands Surveyors in their operations from taking up posts or other boundary marks when necessary.

RECORDING

Marginal note:Delays for recording mineral claims

• 39 (1) Every person who locates a mineral claim shall record it with the mining recorder for the district in which the claim is situated within fifteen days after the location thereof if it is located within ten miles of the office of the mining recorder.

• Marginal note:Additional time

  (2) One additional day shall be allowed for every additional ten miles or fraction thereof for recording a claim under subsection (1).

• Marginal note:Record to be made

  (3) The record of a mineral claim shall be made in a book to be kept for the purpose in the office of the mining recorder in which shall be inserted the name of the claim, the name of the locator, the locality, the direction and length of the line from post No. 1 to post No. 2, the date of the location and the date of record.

• Marginal note:Form 3

  (4) The record of a mineral claim shall be, as nearly as may be possible, in Form 3 of Schedule I, which form, duly completed and signed, shall be given by the mining recorder to the locator or his agent.

• Marginal note:When claim is deemed abandoned

  (5) A mineral claim that has not been recorded within the prescribed period shall be deemed to have been abandoned and forfeited without any declaration of cancellation or abandonment on the part of the Crown.

Marginal note:Emergency recorder

• 40 (1) Where a mineral claim is more than one hundred miles from the office of a mining recorder and situated where other claims are being located, the locators thereof, not less than five in number, are authorized to meet and appoint one of their number an emergency recorder, who may receive applications for claims located in accordance with this Part.

• Marginal note:Record of application

  (2) The emergency recorder appointed under subsection (1) shall note on each application the day on which each application was received and the amount of fees paid in respect thereof.

Marginal note:To notify the mining recorder

• 41 (1) The emergency recorder shall, at the earliest possible date after his appointment, notify the mining recorder for the district in which the claims are situated of his appointment, and shall deliver to that mining recorder the applications that he has received for mineral claims and the fees that he has collected for recording those claims.

• Marginal note:Duty of recorder

  (2) The mining recorder shall grant to each person from whom the emergency recorder has accepted an application and the fee prescribed by this Part an entry for his claim in Form 3 of Schedule I.

• Marginal note:Date of entry

  (3) Each entry granted under subsection (2) shall date from the day the emergency recorder accepted the application and fee.

• Marginal note:Failure of emergency recorder to notify

  (4) Where the emergency recorder fails, within four months, to notify the mining recorder of his appointment and to deliver to him the applications for claims received and the fees collected, the mining recorder may refuse to grant entry for those claims.

Marginal note:Accompanying affidavit

• 42 (1) No mineral claim shall be recorded unless the application therefor is accompanied by an affidavit or solemn declaration made by the applicant in Form 1 of Schedule I, or, if it is a fractional mineral claim, in Form 2 of that Schedule.

• Marginal note:Filing of application

  (2) Each application for a mineral claim shall be filed in duplicate with a mining recorder.

Marginal note:Failure to comply with all formalities

• 43 (1) Failure on the part of the locator of a mineral claim to comply in every respect with the provisions of this Part does not invalidate the location, if on the facts it appears to the satisfaction of a mining recorder that the locator has staked out the location as nearly as possible in the required manner, that there has been on the part of the locator an honest attempt to comply with all the provisions of this Part and that the non-observance of any of the requirements of this Part is not likely to mislead other persons who desire to locate claims in the vicinity.

• Marginal note:Remedying defaults

  (2) A mining recorder may, before granting entry, require the locator of a mineral claim to immediately remedy any material defaults committed in the observance of the formalities required by this Part in respect of the location of the mineral claim, and if the defaults are not remedied within a period to be fixed by the mining recorder, and to his satisfaction, entry may be refused.

Marginal note:Particulars to be supplied

44 The locator of a mineral claim is not entitled to a record of the mineral claim until he has furnished a mining recorder with all the particulars necessary for that record.

Marginal note:Date of receipt of fees

• 45 (1) The record of a mineral claim shall be made at the office of the mining recorder for the district in which the claim is situated, but the application therefor may be made to a mining recorder’s agent to be forwarded to the mining recorder for the district in which the claim is situated.

• Marginal note:Presumption of date of application

  (2) The date on which the application for a mineral claim and the fee therefor may be received in the office of the mining recorder for the district in which the claim is situated governs, and shall be considered the date of, the application.

Marginal note:Tagging of claims

• 46 (1) As soon as reasonably possible after the recording of a mineral claim, the holder of the claim shall affix or cause to be affixed securely to each of the legal posts of the claim a metal tag plainly marked or impressed with the recorded number and letter or letters, if any, of the claim and, in the event of default, a mining recorder may, after a hearing, cancel the entry for the claim on the application of any person who, in the opinion of the mining recorder, has been misled by the absence of the tags, and notice of the hearing together with a copy of the application shall be served on the recorded owner of the claim in the manner directed by the mining recorder at least thirty days before the date fixed for the hearing.

• Marginal note:Supply of tags

  (2) A mining recorder on application therefor shall supply the numbered tags mentioned in subsection (1) free of charge.

Marginal note:Rights of owner of tunnel

• 47 (1) Where a tunnel is run for the development of a vein or lode, the owner of the tunnel, in addition to any mineral claim legally held by him, has the right to all veins or lodes discovered in the tunnel, if the ground containing the veins or lodes is marked out by the owner as a mineral claim and the veins or lodes are not included in any existing mineral claim.

• Marginal note:Money and labour

  (2) Any money or labour expended in constructing a tunnel to develop a vein or lode shall be deemed to have been expended on the vein or lode.

Marginal note:Rights of holder of claim

48 The holder of a mineral claim is entitled to all minerals to which this Part applies that may lie within the boundaries of his claim continued vertically downwards.

Marginal note:Location on Sunday

49 The location of a mineral claim on Sunday or any public holiday is not for that reason invalid.

Marginal note:Chattel interest for one year

50 The interest of the holder of a mineral claim shall, prior to the issue of a lease, be deemed to be a chattel interest, equivalent to a lease of the minerals in or under the land for one year, and thence from year to year, subject to the performance and observance of all the terms and conditions of this Part.

ABANDONMENT

Marginal note:Abandonment and its effect

• 51 (1) The holder of a mineral claim may at any time abandon or relinquish the claim if he has complied in every respect with this Act and all payments on account of rental or other liability to the Crown, due by him in connection with that claim, have been fully made.

• Marginal note:Notice

  (2) Notice in writing of the intention of the holder of a mineral claim to abandon or relinquish the claim shall be given to a mining recorder, and from the date of the record of the notice all interest of the holder in the claim ceases.

Marginal note:What holder on abandonment may take from claim

52 The holder of a mineral claim who abandons or relinquishes the claim has the right to take from the claim any machinery and any personal property that he may have placed on the claim, and any ore that he may have extracted therefrom, within such time as shall be fixed by a mining recorder, if payments due on account of rental or other liability to the Crown in connection with the claim have been fully made.

GROUPING

Marginal note:Number of adjoining claims that may be grouped

• 53 (1) Adjoining claims, not exceeding sixteen in number, may be grouped together for the performance of work by the owner or owners thereof on filing with a mining recorder at any time before the recording of the work a notice of intention to group the claims and obtaining a certificate in Form 6 of Schedule I.

• Marginal note:Work on one or more of claims

  (2) The holder or holders of a certificate in Form 6 of Schedule I may perform on any one or more of the claims, in respect of which the certificate was issued, all or any part of the work required to entitle them to a certificate of work for each claim so held by them, but if the work is not done or if payment in lieu thereof is not made as prescribed in section 57, the claims shall be deemed to be vacant and abandoned without any declaration of cancellation or forfeiture on the part of the Crown.

• Marginal note:Claims renewable on application

  (3) Claims in respect of which a certificate in Form 6 of Schedule I has been issued and claims within a mining district, owned by one person, may, on application by the owners thereof, be made renewable on any one date.

• Marginal note:Conditions of renewal

  (4) A mining recorder shall charge, for each claim referred to in subsection (3), one dollar and a quarter for each three months or portion thereof that it is necessary to extend the record to make claims renewable on the same date, and the work, or payment in lieu thereof, required for the fractional part of the year for which each claim is extended shall be allowed at the rate of twenty-five dollars for each three months or fraction thereof, and the payment or work shall be made or performed prior to the date on which all the claims are made renewable.

REPRESENTATION

Marginal note:Claim good for one year and yearly renewal

• 54 (1) Any person having duly located and recorded a mineral claim is entitled to hold it for the period of one year after the date of recording the claim, and thence from year to year without the necessity for the further recording of it, and during that year and each succeeding year the locator of the claim shall

  • (a) do, or cause to be done, work on the claim to the value of one hundred dollars, in accordance with a schedule to be prepared by the Commissioner;

  • (b) within fourteen days after the expiration of the year, satisfy a mining recorder that the work has been done, by an affidavit in Form 4 of Schedule I, and setting out a detailed statement of the work; and

  • (c) obtain from a mining recorder a certificate in Form 5 of Schedule I that the work has been done.

• Marginal note:Work done outside of claim

  (2) Any work done outside of a mineral claim with intent to work the claim shall, if it has direct relation, and is in direct proximity, to the claim and is done to the satisfaction of the mining recorder, be deemed to be work done on the claim for the purpose of this section.

• Marginal note:Where more work done than required

  (3) Where more work is performed by or on behalf of the recorded owner of a mineral claim than is required by this Part to be performed during any year, the excess work up to a value of four hundred dollars, on proof that it has been performed in accordance with this Part, shall be applied by a mining recorder on work required to be done during the subsequent year or years, and excess work may only be recorded during the year in which it is performed or within fourteen days of the expiration of that year.

• (4) [Repealed, 1996, c. 27, s. 3]

Marginal note:Moratorium on annual representation work

• 55 (1) The Minister may, where, owing to the market price of metals and other general conditions over which an owner of a mineral claim exercises no control, the margin of profit that might reasonably be derived from the efficient and economical operation of that claim has, in the opinion of the Minister, been practically eliminated, or for any other reason that to the Minister may appear to be sufficient, grant such relief with respect to the annual representation work or payment in lieu thereof as may be necessary under the circumstances, subject to subsection (3).

• Marginal note:Moratorium on annual representation work

  (2) If the mining recorder is satisfied, on written application by an owner of a mineral claim, that the owner will be or has been unable to do the annual representation work owing to a restriction or requirement imposed by Part II or by any other Act of Parliament or of the Territory, the mining recorder shall grant such relief with respect to the annual representation work or payment in lieu thereof as may be necessary under the circumstances, subject to subsection (4).

• Marginal note:Limitation

  (3) Relief granted under subsection (1) is subject to any conflicting right acquired by another person under this Part before the relief was granted.

• Marginal note:Limitation

  (4) Relief granted under subsection (2) is subject to any conflicting right acquired by another person under this Part before the application for relief was filed with the mining recorder.

Marginal note:Misrepresentation, or removing, or destroying posts or marks

• 56 (1) Where it is proved to the satisfaction of a mining recorder that any person has

  • (a) been guilty of misrepresentation in any of the statements required under this Part to be made by him under oath, or

  • (b) removed or destroyed with intent to remove, or defaced, any legal post or stake or other mark placed under this Part,

  the mining recorder may, in his discretion, order that the person be debarred from the right to obtain entry for, or a certificate of work in connection with, any mineral claim for any length of time the mining recorder deems advisable.

• Marginal note:Appeal

  (2) An appeal lies from any decision of the mining recorder under subsection (1) to the Commissioner.

Marginal note:Holding claim on payment of $100

• 57 (1) The holder of a mineral claim may, in lieu of the work required to be done by section 54 on a claim each year, pay to the mining recorder in whose office the claim is recorded the sum of one hundred dollars, and receive from the mining recorder a receipt for the payment.

• Marginal note:Holder entitled to a certificate

  (2) The payment referred to in subsection (1) and the record thereof in any year relieves the person making it from the necessity of doing any work during the year in and for which, and on the claim in respect of which, the payment is recorded, and he is entitled to a certificate from the mining recorder that the payment has been made and entitles him to hold the claim for the ensuing year.

Marginal note:When claim expires

• 58 (1) If the amount of work on a mineral claim or payment in lieu thereof prescribed by this Part is not done or made during the year, the claim lapses on the expiration of the year and is forthwith open for location under this Part without any declaration of cancellation on the part of the Crown.

• Marginal note:Failure to furnish evidence

  (2) If the owner of a mineral claim has performed the work prescribed by this Part during the year but has failed to furnish the prescribed evidence of that work having been performed, a mining recorder may issue a grant to another person who has duly located, in the manner prescribed by this Part, the area embraced in the claim or any portion thereof.

• Marginal note:Cancellation of grant

  (3) An owner of a mineral claim described in subsection (2) may, within six months after the expiration of the year, apply for a renewal grant and for the cancellation of any other grant issued to another person in respect of the claim or for any portion thereof, and the latter grant shall be cancelled by the mining recorder on the owner paying to the other person all expenses to which that person may have been put in obtaining the grant and compensation for any bona fide work that he may have performed thereon by reason of the grant.

• Marginal note:Refusal of pending applications

  (4) If a grant of a mineral claim has not been issued under subsection (2) to another person, any pending application for the claim shall be refused on proof satisfactory to the mining recorder that the work prescribed by this Part was performed by or on behalf of the owner of the claim and the owner paying the expenses to which the person locating the claim may have been put in locating and applying for the claim.

Marginal note:Fee for certificate

• 59 (1) Where the owner of a mineral claim fails to obtain the required certificate of work within the time specified in section 54, the fee for that certificate, if paid within three months after the year has expired, is fifteen dollars, and after three months and within six months from that date is twenty-five dollars.

• Marginal note:If evidence of work not furnished within six months

  (2) If the owner of a mineral claim fails within a period of six months after the expiration of the year to satisfy a mining recorder that the work prescribed by this Part has been done and to obtain a certificate in Form 5 of Schedule I, his interest or right in, to or in respect of the claim is, at the expiration of that period of six months, void, without any notice or declaration of cancellation by or on behalf of the Crown, and without judicial inquiry, notwithstanding the fact that the work may have been duly performed on the claim within the year as prescribed by this Part but not proved.

Marginal note:Regulations to protect service personnel from forfeiture of claims

60 The Governor in Council may make regulations exempting members of the armed forces of Her Majesty or any of Her Majesty’s allies, during the period of their service as such and one year thereafter, from the provisions of this Part respecting forfeiture of mineral claims held by them at the time of their enlistment, for non-performance of work or non-payment of assessments or rentals.

Marginal note:When fractional mineral claim is less than 25 acres

• 61 (1) If the recorded owner of a fractional mineral claim furnishes evidence, satisfactory to a mining recorder, that the area of that claim is less than twenty-five acres, the expenditure required to be incurred each year in mining operations on the fractional claim, or the payment to be made in lieu thereof, to entitle the recorded owner to a certificate of work is one-half that required under this Part in respect of a full claim.

• Marginal note:Where fractional mineral claim is more than 25 acres

  (2) Where, on survey, a fractional mineral claim in connection with which representations have been made under subsection (1) is found to contain twenty-five acres or more, the recorded owner thereof shall pay to the mining recorder whatever additional amount may be necessary to represent a full claim, with interest, before he is entitled to receive a certificate of improvements in connection with the claim.

Marginal note:Co-owners and their interests

62 Where two or more persons own a mineral claim, each person shall contribute, proportionately to his interest, to the work required to be done by section 54 and to the payment of renewal fees, and if it is proved to a mining recorder, after a notice of hearing has been served on all parties interested in the manner directed by the mining recorder, that any co-owner has not done so, his interest shall become vested by order of the mining recorder in the other co-owners in proportion to their respective interests.

DISPUTES

Marginal note:Priority of location to govern disputes

63 In the case of any dispute respecting the location of a mineral claim, the title to the claim shall be recognized according to the priority of the location, subject to any question respecting the validity of the record itself and to the locator having complied with all the terms and conditions of this Part.

Marginal note:Presumption of perfect title

64 In any dispute with respect to the title to any mineral claim, no irregularity happening prior to the date of the record of the last certificate of work affects the title thereto, and it shall be assumed that up to that date the title to the claim was perfect, except on suit by the Attorney General of Canada based on fraud.

Marginal note:Power of court to vest title to claim

65 Whenever, through the acts or default of any person other than the recorded owner of a mineral claim or his duly authorized agent, the evidence of the location or record on the ground or the situation of a mineral claim has been destroyed, lost or effaced, or is difficult of ascertainment, effect shall be given to the claim as far as possible, and the court has power to make all necessary inquiries, directions and references for the purpose of carrying out the object hereof and vesting title in the first acquirer in good faith of the claim.

Marginal note:Omissions by Government official

66 No person shall suffer from any acts of omission or commission or delays on the part of any Government official if they can be proved.

TITLE

Marginal note:Payments to be made to recorder

• 67 (1) Payment may be made to a mining recorder of the sum of five hundred dollars in lieu of representation on a mineral claim of the ordinary size and, in the case of a claim acquired under section 18, payment of one thousand dollars may be made in lieu of such representation.

• Marginal note:Compliance with other provisions

  (2) Where payment is made in lieu of representation on a mineral claim, the recorded owner of the claim shall comply with all other provisions of this Part, except those that apply solely to the work required to be done on the claim.

Marginal note:Certificate of improvements

• 68 (1) The lawful holder of a mineral claim is entitled to receive from a mining recorder a certificate of improvements, in Form 7 of Schedule I, in respect of the claim, unless proceedings by a person claiming an adverse right under section 73 have been taken, whenever he has, to the satisfaction of the mining recorder,

  • (a) done or caused to be done work on the claim in developing a mine to the value of five hundred dollars, exclusive of the cost of all houses, buildings and other like improvements, or made payment in lieu of work as provided in section 57; the value of the work done, as assessed by the mining recorder, and the amount paid and accepted in lieu of work shall together be equal to at least five hundred dollars, except that, in the case of a fractional mineral claim, the work to be done or the payment to be made in lieu thereof shall be that specified in section 61, and, for the purposes of this section, work done on a claim by a predecessor or predecessors in title shall be deemed to have been done by the person who received a transfer of the claim, and the cost of the survey, not to exceed one hundred dollars, may be counted as work done on the claim if it has been accepted in lieu of representation work;

  • (b) found a vein or lode within the limits of the claim;

  • (c) had the claim surveyed at his own expense in accordance with instructions from the Surveyor General, by an authorized Canada Lands Surveyor, and had the survey thereof duly approved;

  • (d) posted on a conspicuous part of the land embraced in the survey a copy of the plan of the claim signed and certified as accurate under oath by the surveyor, and a legible notice in writing in Form 8 of Schedule I of his intention to apply for a certificate of improvements, and also posted a similar notice in the office of the mining recorder, which notice shall contain

    • (i) the name of the claim,

    • (ii) the name of the lawful holder of the claim,

    • (iii) the intention of the lawful holder of the claim to apply for a certificate of improvements at the end of sixty days for the purposes of obtaining a lease, and

    • (iv) the date of the notice;

  • (e) inserted a copy of the notice in a Canadian newspaper published in and circulating in the district in which the claim is situated, and approved by the mining recorder, for at least sixty days prior to the application, which insertion can be made at any time after the posting of the notice on the claim or, if no newspaper is published in the district, the notice shall appear in the Canadian newspaper published nearest to the district;

  • (f) filed with the mining recorder a copy of the surveyor’s original plan of the claim, signed and certified as accurate under oath by the surveyor, immediately after posting the notice on the claim of his intention to apply for a certificate of improvements; and

  • (g) filed with the mining recorder an affidavit of the holder of the claim, or his duly authorized agent, in Form 9 of Schedule I.

• Marginal note:Duties of mining recorder

  (2) At the expiration of the term of the publication of the notice under paragraph (1)(e), if no action has been commenced and notice thereof filed with the mining recorder, the mining recorder shall forward to the owner or agent the certificate of improvements and to the Department a copy thereof, together with the several documents referred to in subsection (1), and a certificate in Form 10 of Schedule I showing that the notice provided by paragraph (1)(d) or by section 85 has been posted in his office, and the plan deposited for reference therein from the date of the first appearance of the notice in the nearest local newspaper and continuously therefrom for a period of at least sixty days, and containing the full Christian name and surname of the recorded owner, or of each of the recorded owners, as well as their occupations and respective interests.

• Marginal note:Certificate not to be issued until report made

  (3) A certificate of improvements shall not be issued until a report has been furnished by an officer of the Department, or a person satisfactory to the mining recorder, to the effect that on inspection he was satisfied that the required expenditure in developing a mine had been actually incurred and that a vein or lode had been found within the limits of the claim.

• Marginal note:Effect of delay

  (4) Delay in having an inspection made after the recorded owner of a mineral claim has fully complied with the requirements of this section does not render it necessary for that owner to perform further representation work or make payment in lieu of work because of that delay.

Marginal note:When posting of notice may be waived

69 Where a mineral claim is situated in a remote part of the country, very difficult of access, and where other claims have not been recorded, other persons are not engaged in prospecting and no newspaper is published within a distance of one hundred miles, the Commissioner may, in his discretion, waive posting of notice on the claim and of its publication in a newspaper as provided in paragraphs 68(1)(d) and (e).

Marginal note:Ground of impeachment

70 A certificate of improvements issued under section 68 shall not be impeached in any court on any ground except fraud.

Marginal note:When work not necessary

71 After the issue and recording of a certificate of improvements, and while the certificate is in force but a lease is not yet issued, it is not necessary to do any work on the mineral claim.

Marginal note:When holder entitled to lease

72 The holder of a mineral claim for which a certificate of improvements has been granted and recorded is entitled to a lease of the claim on payment being made within three months of the rental and fee prescribed by Schedule II.

ADVERSE RIGHT

Marginal note:Procedure in case of adverse rights

• 73 (1) Where any person claims an adverse right of any kind, either to possession of the mineral claim referred to in the application for a certificate of improvements, or any part thereof, or to the minerals contained therein, he shall

  • (a) within sixty days after the first publication in a newspaper, as provided by this Part, of the notice referred to in paragraph 68(1)(e) or in section 85, but not later, unless that time is extended by special order of the court on cause being shown, commence legal action to determine the question of the right of possession or otherwise enforce his claim;

  • (b) file a copy of the writ, information, bill of complaint or other initiatory proceeding in the action with the mining recorder for the district or mining division in which the claim is situated within twenty days from the commencement of the action; and

  • (c) prosecute the action with reasonable diligence to final judgment.

• Marginal note:Waiver

  (2) Failure to commence or to prosecute the action as provided in subsection (1) shall be deemed to be a waiver of the plaintiff’s claim.

• Marginal note:After final judgment

  (3) After final judgment has been rendered in an action described in subsection (1), the person, or any one of the persons entitled to possession of the claim or any part thereof, may file a certified copy of the claim in the office of the mining recorder.

• Marginal note:Certificate

  (4) After the filing of the final judgment, and on compliance with all the requirements of section 68, the person or persons referred to in subsection (3) are entitled to be issued a certificate of improvements in respect of the claim or the portion thereof that they appear from the decision of the court rightly to possess.

Marginal note:Adverse claim affecting only portion of ground

• 74 (1) Where an adverse claim affects only a portion of the ground for which application is made for a certificate of improvements, the applicant may relinquish the portion covered by the adverse claim and still be entitled to a certificate of improvements for the undisputed remainder of his claim on complying with the requirements of this Part.

• Marginal note:Judgment

  (2) When judgment in a case described in subsection (1) is rendered by the court, a memorandum of the judgment shall be entered in the record book by the mining recorder, and if by any judgment the original boundaries of any claim are changed, a plan made by a Canada Lands Surveyor, and signed by the judge by whom the judgment has been given, shall be filed with the mining recorder, who shall forward it to the Department.

ADDRESS FOR SERVICE

Marginal note:Endorsations on application

75 Every application for a mineral claim and every other application, and every transfer or assignment of a mineral claim, or of an interest therein, acquired under this Part, shall contain, or shall have endorsed thereon, the place of residence and the post office address of the applicant, transferee or assignee and his occupation, and no application, transfer or assignment shall be accepted or recorded unless it conforms to this section.

WHAT ENTRY OR LEASE CONVEYS

Marginal note:To what holder of mineral claim entitled

• 76 (1) The holder of a mineral claim, by entry or by lease, located on vacant territorial lands is entitled to

  • (a) all minerals found in veins or lodes, whether the minerals are found separate or in combination with each other in, on or under the lands included in the entry or lease, together with the right to enter on and use and occupy the surface of the claim, or such portion thereof and to such extent as the Minister may consider necessary, for the efficient and miner-like operation of the mines and minerals contained in the claim, but for no other purpose; and

  • (b) the right to cut free of dues such of the timber on the claim or such portion thereof as may be necessary for the working of the claim, but not for sale or traffic, except where the timber has been granted or disposed of prior to the date of entry.

• Marginal note:Timber for owner’s use

  (2) A timber agent may permit any person to cut and remove from a mineral claim timber for his own use for mining purposes when the timber cannot otherwise be had within a reasonable distance, but no such permit conveys the right to cut or remove timber required by the holder of the claim for his mining operations actually in progress.

Marginal note:Lease of surface rights

• 77 (1) The Minister may, on application, grant to the holder of a mineral claim, in good standing, located on vacant territorial lands, and acquired by entry or by lease, a lease of the whole or any portion of the available surface rights of the mineral claim at a rental of one dollar an acre per annum, payable yearly in advance.

• Marginal note:Term of lease

  (2) The term of a lease of the surface rights of a mineral claim shall not exceed the term of the record grant or lease issued for the minerals under this Part or former mining regulations, and shall be appurtenant to that grant.

• Marginal note:Termination of lease

  (3) The Minister may at any time, by giving the lessee three months notice in writing of his intention, terminate a lease of the surface rights of a mineral claim, without compensation to the lessee for the termination or for any buildings or other improvements that the lessee may have placed on the location, but the lessee may be given the privilege of removing from the location any buildings and improvements that may have been placed thereon by him.

• Marginal note:Consent of Minister

  (4) A lessee shall not assign, transfer or sublet the rights described in a lease of the surface rights of a mineral claim, or any portion thereof, without the consent in writing of the Minister being first obtained.

Marginal note:Timber reserved

• 78 (1) The timber on a mineral claim shall, subject to the rights existing at the time of the application therefor, be reserved until a mining recorder certifies that the timber is required for use in connection with mining operations actually in progress on the mineral claim, when the right to use the timber, or any portion thereof, free of dues, may be given the holder of the mineral claim by the Crown timber and land agent with the approval of the Commissioner.

• Marginal note:Authorizing permit

  (2) The Commissioner may authorize a timber agent to issue a permit to any person to cut and remove from the mineral claim timber required by the person for his own use in mining operations when the timber cannot otherwise be obtained within a reasonable distance of the place of his mining operations.

Marginal note:Effect when prospecting rights reserved

79 A lease of a mineral claim located on lands the surface rights of which have been disposed of but the right whereon to enter, prospect and mine for minerals has been reserved to the Crown conveys to the lessee the minerals found in veins or lodes, whether the minerals are found separately or in combination with each other, that may be in, on or under the land described in the lease, but conveys no right of entry on the surface.

Marginal note:Reservation of timber

80 Where a mineral claim is located on land lawfully occupied under a timber licence, the lease conveys the minerals found in veins or lodes, subject to section 15, but reserves the timber.

Marginal note:When right to mine gold and silver reserved

81 A lease of a mineral claim located on lands the surface rights of which have been disposed of but the right whereon to enter and mine gold and silver has been reserved to the Crown conveys to the lessee the right to the gold and silver found in veins or lodes that may be in, on or under the land described in the lease, but conveys no right of entry on the surface.

Marginal note:Water for mining purposes

82 A lease of a mineral claim issued under this Part reserves to the Crown such right or rights-of-way and of entry as may be required under any law or regulation in force on or after July 19, 1924 in connection with the construction, maintenance and use of works for the conveyance of water for mining operations.

Marginal note:Joint applicants for renewal

83 Where two or more persons have the right of renewing a lease from the Crown, each of those persons shall proportionately to his interest contribute to the payment of rental and fees for the renewal of that lease, and if it is proved to the Commissioner after a notice of hearing has been served on all parties interested, in the manner directed by the Commissioner, that one of those persons has not contributed and that the other person or persons have paid the full rental and fees for the renewal of the lease, the Minister may issue the lease to the person or persons who have paid the rental and fees.

SURVEYS

Marginal note:Survey after notice from Minister

• 84 (1) The recorded owner of a mineral claim shall have a survey thereof made at his own expense by a duly qualified Canada Lands Surveyor under instructions from the Surveyor General within one year from the date on which notification by the Minister to do so may be sent to him.

• Marginal note:Notice

  (2) The notification under subsection (1) shall not be given until the expiration of at least one year from the date on which the claim was recorded.

• Marginal note:If survey not made

  (3) If the survey required under subsection (1) is not made, and if the returns of the survey are not received and approved by the Surveyor General within one year from the date of notification, the entry granted for the mineral claim is subject to immediate cancellation in the discretion of the Minister.

• Marginal note:Survey made without notice

  (4) The owner of a mineral claim may have a survey made at any time after obtaining record without any notification having been sent to him to do so.

Marginal note:Cost and notice of survey

• 85 (1) The cost of a survey of a mineral claim, made in accordance with paragraph 68(1)(c), may be accepted in lieu of representation work on the claim for the year in which the survey is made, and the survey so made shall be accepted as definitely establishing the boundaries of the claim, if notice of the survey in Form 11 of Schedule I is immediately inserted, for a period of not less than sixty days, in a newspaper published in or circulating in the district in which the claim is situated, and approved by the mining recorder, and if the owner of the claim prior to the first appearance of that advertisement causes to be posted in a conspicuous spot on the claim, and in the office of the mining recorder for the district, a notice in the same form of his intention to advertise the survey of the claim, and also a copy of the plan of the survey prepared and certified correct, under oath, by a Canada Lands Surveyor.

• Marginal note:Survey defining boundaries

  (2) The survey shall be accepted as defining absolutely the boundaries of the claim surveyed, if it remains unprotested during the period of publication, and if it has been duly approved by the Surveyor General.

• Marginal note:Procedure

  (3) If within the time specified the survey is protested, the protest shall be heard and decided on by procedure similar to that provided for in section 73.

Marginal note:Duties of surveyor

• 86 (1) The surveyor of a mineral claim shall accurately define and mark the boundaries of the claim on the ground in full compliance with the instructions issued to him, shall, in addition to other inscriptions placed on each of the posts marking the angles or corners of the claim, inscribe thereon clearly and legibly, by means of a cutting instrument, the name of the claim so surveyed and shall, on completion of the survey, forward to the Surveyor General at Ottawa the original field notes and plan signed and certified as accurate under oath.

• Marginal note:Evidence

  (2) After a certificate of improvements has issued in respect of any claim surveyed under subsection (1), in the absence of evidence to the contrary, proof of its location on the ground may be given by any person who has seen and who can describe the position of the posts purporting to be marked as described in that subsection.

Marginal note:When Canada Lands Surveyor may include fraction

87 Where either post No. 1 or post No. 2 of a mineral claim is on the boundary line of a previously located claim, and the boundary line is not at right angles to that location line, the Canada Lands Surveyor when making the survey may include the fraction so created within the claim that is being surveyed, if that fraction is available and open to disposal and the claim including the fraction does not exceed in area sixty acres.

Marginal note:What fractional mineral claim to contain

88 A Canada Lands Surveyor when surveying a fractional mineral claim may survey that claim so that it contains as nearly as possible all the unoccupied ground lying between the previously located mineral claims as described in the affidavit and sketch furnished by the locator when the claim was recorded, if the area of the claim as surveyed is less than sixty acres.

Marginal note:Penalty

89 Where a Canada Lands Surveyor pursuant to section 87 or 88 includes in a mineral claim more than fifty-one and sixty-five one-hundredths acres before the survey is approved by the Surveyor General, the recorded owner of the claim shall pay to a mining recorder as a penalty the sum of five dollars for each acre or fraction thereof included in the claim in excess of fifty-one and sixty-five one-hundredths acres.

Marginal note:Definite fixing of claim

90 A surveyor shall, in the discretion of the Surveyor General, with respect to the survey of a mineral claim, connect the survey of the claim with some known point in a previous survey, or with any other known point or boundary, so that the position of the claim may be definitely fixed on the plans of the Department.

Marginal note:Duty of surveyor and certificate

91 It is the duty of a surveyor, before proceeding with the survey of a mineral claim, to examine the application made for the claim and the plan that accompanied that application, and before completing the survey to ascertain by careful examination of the ground, or by all other reasonable means in his power, whether or not any other subsisting claim conflicts with the claim he is surveying, and he shall furnish with his returns of survey a certificate, duly signed by him, in the following form:

I hereby certify that I have carefully examined the ground included in ...... mineral claim surveyed by me, and have otherwise made all reasonable investigations in my power to ascertain if there was any other existing claim conflicting therewith, and I certify that I have found no trace or indication and have no knowledge or information of any such claim except as follows: (if none, so state; if any, give particulars).

Marginal note:When posting and publication sufficient

92 If the survey of a mineral claim is made and advertised in the manner specified in this Part before the recorded owner of the claim has sufficiently complied with the regulations to admit of his applying for a certificate of improvements, the posting and publication of notice of the survey of the claim in the manner indicated shall be accepted as satisfaction of the posting and advertising requirements of section 68, but before a certificate of improvements is issued in connection with such a claim all the other requirements of section 68 shall be fully complied with.

TRANSFER OF A MINERAL CLAIM

Marginal note:Conditions for validity

• 93 (1) No transfer of an entry for any mineral claim or of any interest therein is effectual unless the transfer is in writing, signed by the transferor, or by his agent authorized in writing, and recorded by a mining recorder, and, if signed by an agent, the authority of that agent shall be recorded before the record of the transfer.

• Marginal note:Conditions required

  (2) The transfer referred to in subsection (1) shall be in duplicate, signed by the assignor in the presence of a witness, who shall furnish proof of execution by affidavit, and when recorded the mining recorder shall return to the assignee one copy thereof with a certificate endorsed thereon that it has been recorded in his office, and retain the other copy.

Marginal note:Substitutional record

94 Where the record of entry of a mineral claim in Form 3 of Schedule I has been lost or destroyed, a mining recorder may, on receipt of evidence to his satisfaction, supported by the affidavit of the recorded owner or owners of the claim, or one of them, if possible, that such is the case, and on receipt of a fee of ten dollars, issue a “substitutional” record of entry, which shall be so marked and which shall be as far as practicable a copy of the record of entry in Form 3 of Schedule I originally issued for the claim.

Marginal note:Documents of title

95 Any conveyance, bill of sale, mortgage or other document of title relating to a mineral claim for which entry has been granted under this Part may be recorded with a mining recorder.

Marginal note:Leases

• 96 (1) Leases of mineral claims, and renewals thereof, shall be executed in triplicate, one copy to be forwarded to the lessee, one copy to the mining recorder for the district in which the claims are situated and one copy to be retained in the Department.

• Marginal note:Other documents

  (2) All transfers, assignments and other documents in any way affecting the title to a mineral claim, or an interest therein, held under lease shall be presented to the mining recorder for the district in which the claim is situated in the manner prescribed in section 93, but in triplicate, accompanied by the lessee’s copy of the lease.

• Marginal note:Endorsement

  (3) When any transfer, assignment or other document referred to in subsection (2) is duly registered, the mining recorder shall endorse on each of the copies thereof the prescribed certificate of registration, return one of the copies of the document to the assignee, together with the lessee’s copy of the lease, similarly endorsed and forward one copy to the Department and the remaining copy shall be retained in the office of the mining recorder.

Marginal note:Certificate of improvements

97 Where the holder of a mineral claim, after applying for a certificate of improvements, sells and transfers that claim, on satisfactory proof of the sale and transfer being made to a mining recorder, the transferee of the claim is entitled to a certificate of improvements in his own name.

Marginal note:When lease may issue to new holder

98 Where a transfer of a mineral claim is made to any person or company after a certificate of improvements has been issued but before a lease has been prepared, on proper proof of the transfer being made to the satisfaction of the Minister and on receipt of a new certificate in Form 10 of Schedule I, the lease may issue to the new holder of the claim.

Marginal note:Prior lien

99 The issue of a lease does not invalidate any lien that may have attached to any mineral claim prior to the issuance of the lease.

ROYALTY

Marginal note:Annual royalty

• 100 (1) There shall be paid to the Crown on every mine in the Territory, acquired under this Part or under the Quartz Mining Regulations that preceded this Part, an annual royalty on any profits of the mine that exceed the sum of ten thousand dollars during any calendar year, and the owner, manager, holder, tenant, lessee, occupier or operator of the mine is liable for and shall pay the Crown an annual royalty as follows:

  • (a) on annual profits in excess of ten thousand dollars and up to one million dollars, three per cent;

  • (b) on the excess above one million dollars up to five million dollars, five per cent;

  • (c) on the excess above five million dollars up to ten million dollars, six per cent; and

  • (d) on the excess above ten million dollars a proportional increase of one per cent for each additional five million dollars.

• Marginal note:Mines under same management

  (2) For the purpose of this section, all mines and mineral workings in the Territory, occupied, worked or operated by the same person, or under the same general management or control, or the profits of which accrue to the same person, shall, for the purpose of determining whether there is liability for royalty, be deemed to be and be dealt with as one and the same mine and not as separate mines.

• Marginal note:Accrual of royalty

  (3) The royalty imposed by this section shall be deemed to accrue on January 1 of the year in which it is payable, shall become payable on October 1, following in each year, and shall be paid to the Commissioner or other officer named by the Minister.

• Marginal note:Profits ascertained

  (4) In order to ascertain and fix the annual profits of a mine, the gross receipts from the year’s output of the mine, or in case the ore, mineral or mineral-bearing substance, or any part thereof, is not sold but is treated by or for the owner, holder, tenant, lessee, occupier or operator of the mine, on the premises or elsewhere, the actual market value of the output at the pit’s mouth, or if there is no means of ascertaining the market value or if there is no established market price or value, its value as appraised by a person to be named by the Minister, shall be ascertained, taking into account any regulations made under subparagraph 153(p)(ii), and from the amount so ascertained the expenses, payments, allowances or deductions described in subsection (5) and provided for by any regulations made under subparagraph 153(p)(i), and no other, shall be deducted and made.

• Marginal note:Idem

  (5) For the purpose of subsection (4), the expenses, payments, allowances and deductions that shall be deducted and made from the amount ascertained thereunder are as follows:

  • (a) the actual cost of transportation of any output sold, if paid or borne by the owner, holder, tenant, lessee, occupier or operator of the mine;

  • (b) the actual and proper working expenses of the mine both underground and above-ground, including salaries and wages of necessary superintendents, foremen, workmen, firemen, enginemen, labourers and employees of all sorts employed at or about the mine, together with the actual and proper salaries and office expenses for necessary office work done at the mine and in immediate connection with the operation thereof;

  • (c) the cost of supplying power and light and of the hire of horses or other means of transportation used in the mining operation, or in handling the ore or mineral;

  • (d) the actual cost price of food and provisions for all employees whose salaries or wages are made less by reason of being furnished therewith, and the actual cost of fodder for the horses mentioned in paragraph (c);

  • (e) the actual cost of explosives, fuel and any other supplies necessarily used in the mining operations;

  • (f) any actual and proper outlay incurred in safeguarding and protecting the mine or mineral product;

  • (g) the cost of proper insurance on the output of the mine, if paid or borne by the owner, holder, tenant, lessee, occupier or operator of the mine, and on the mining plant, machinery, equipment and buildings used for or in connection with mining operations, or for storing the ore or mineral;

  • (h) an allowance of a sum for annual depreciation, by ordinary wear and tear, of the plant, machinery, equipment and buildings, the sum to be based on the probable annual average cost of repairs and renewals necessary to maintain them in a condition of efficiency, and in no case to exceed for any year fifteen per cent of the value at the commencement of the year, the value to be appraised by an officer to be named by the Minister;

  • (i) the cost of actual work done in sinking new shafts, making new openings, workings or excavations of any kind, or of stripping, trenching or diamond drilling, in or on the land on which the mine is situated, or in or on any other land belonging to the same owner, holder, tenant, lessee, occupier or operator in the Territory, or the cost of any work that, in the opinion of the Minister, has for its object the opening up of mines or testing for ore or minerals; and

  • (j) all taxes payable or paid on the profits of the mine or mining work or on the profits made in smelting, refining or otherwise treating any of the products of the mine or mineral work.

• Marginal note:Capital not deducted

  (6) No allowance or deduction shall in any case be made for the cost of plant, machinery, equipment or buildings, for capital invested, for interest or dividend on capital, stock or investment, or for depreciation in the value of the mine, mining land or mining property by reason of exhaustion or partial exhaustion of the ore or mineral.

• Marginal note:Based on preceding year

  (7) For the purposes of this section, unless a contrary intention appears in this Part or in any regulations made under paragraph 153(p), the operations, business, matters and things carried on, occurring or existing during the preceding calendar year shall be taken as fixing, assessing and ascertaining the royalty payable thereunder, but the royalty payable is nevertheless deemed to be a royalty for the calendar year in which it is payable.

• Marginal note:Give notice of active operations

  (8) The owner, manager, holder, tenant, lessee, occupier or operator of every mine from which ore, minerals or mineral-bearing substances is or are being taken shall, within ten days after the commencement of active operations, notify the Commissioner of the fact that the mine is in active operation, and shall give in that notice the name of the mine, the name and address of the owner, manager, holder, tenant, lessee, occupier or operator of the mine and the name and address of the manager or of another person to whom notice may be sent, to be known as the name and address for service, and shall forthwith notify the Commissioner of every change in the name and address for service and in the ownership, management, holding, tenancy, occupation or operation of the mine, of every discontinuance of active operations and of every resumption thereof after discontinuance.

• Marginal note:Statement to be furnished

  (9) On or before April 1 in each year, every person liable to pay the royalty imposed by this section shall, without any notice or demand to that effect, in addition to any other statements that may otherwise be required, deliver to the Commissioner a detailed statement in which shall be set out

  • (a) the name and description of the mine;

  • (b) the name and address of the person or persons owning or operating the mine as lessee, agent, occupant or otherwise;

  • (c) the quantity of ore, minerals and mineral-bearing substances shipped or sent from or treated on the mining premises during the year ending on December 31 last preceding;

  • (d) the name or names of the smelter or mill and the locality to which the ore, minerals or mineral-bearing substances, or any part thereof, were sent;

  • (e) the cost per ton for transportation to the smelter, refinery or mill and the actual, proper and necessary expenses of making the sale, if any, and by whom paid or borne;

  • (f) the cost per ton for smelter and mill charges, and by whom paid or borne;

  • (g) the quantity of ore, minerals and mineral-bearing substances treated on the mining premises during the year;

  • (h) the value of the ore, minerals and mineral-bearing substances shipped, after deducting the charges for making sales and for transportation or for treatment; and

  • (i) the value of the ore, minerals and mineral-bearing substances treated on the mining premises.

• Marginal note:Statement to be attested on oath

  (10) The statement referred to in subsection (9) shall be made and furnished by and under the oath of the owner, manager, holder, tenant, lessee, occupier or operator of the mine, shall show the various expenses, payments, allowances and deductions that may properly be made under subsections (4) and (5) and shall show by way of summary the total receipts or market value at the mine of the year’s output, the total amount of the expenses, payments, allowances and deductions to be deducted therefrom and the balance of profits for the year as provided in this section.

• Marginal note:Additional statement

  (11) In addition to the statement referred to in subsection (9), the Minister may at any time of the year require from any other person connected with the management or operation of the mine or mill a statement, under affidavit, containing such information or particulars as the Minister may think proper to exact.

• Marginal note:Extension of time

  (12) The Minister may extend the time for making the statement referred to in subsection (9).

• Marginal note:Books to be kept

  (13) Every person liable to pay the royalty imposed by this section shall keep at or near the mine

  • (a) proper books of account of the ore, minerals or mineral-bearing substances taken from the mine, containing the quantity, weight and other particulars of the same, and the value thereof, and showing the returns from the smelter, mill or refining works, or other returns of the amounts derived from the sale of the ores, minerals and mineral-bearing substances; and

  • (b) proper books showing each of the several expenses, payments, allowances or deductions mentioned in subsection (5) and showing any other facts and circumstances necessary or proper for ascertaining the amount of the royalty payable under this Part.

• Marginal note:Removal prohibited

  (14) No ore, mineral or mineral-bearing substance taken out of any mine shall be removed therefrom or treated at any smelter, mill or refining works until the weight thereof has been correctly ascertained and entered in the books of account described in paragraph (13)(a).

• Marginal note:Power of Commissioner with respect to books

  (15) If any doubt arises as to where the book or books referred to in subsection (13) shall be kept, the number of books or what books shall be maintained, the Commissioner shall determine the number and character of the books to be kept and the place or places at which they shall be kept.

• Marginal note:Inspection of mines

  (16) It is at all times lawful for the Commissioner, a mining recorder or a mining recorder’s agent to enter on mining property for the purpose of making an inspection and obtaining information respecting the amount and value of the output of the mine, and for that purpose that officer

  • (a) may descend all pits and shafts and use all such tackle, machinery and appliances belonging to the mine as he may deem necessary or expedient,

  • (b) shall have free ingress and egress to, from and over all buildings, erections and vessels used in connection with the mine,

  • (c) shall be allowed to take from the mining property such samples or specimens as he may desire, for the purpose of determining by assay or otherwise the value of the ore, minerals or mineral-bearing substances being taken therefrom, or any product thereof,

  • (d) shall have full and complete access to all books of account, correspondence and documents maintained or used for or in connection with the actual operation and business of the mine, and

  • (e) may examine the books of account, correspondence and documents and take copies thereof or extracts therefrom,

  but any information of a private or confidential nature acquired by that officer shall not be disclosed to anyone, except in so far as may be necessary for the purposes of this section.

• Marginal note:Percentage added for default

  (17) If the royalty imposed by this section is not paid within the period prescribed in this section, ten per cent shall forthwith be added thereto and ten per cent shall be added at the expiration of each year thereafter that the royalty remains unpaid, and the increased amounts shall, for all purposes, be and become the royalty due and payable under this section.

• Marginal note:Record to be kept

  (18) It is the duty of the Commissioner, or such other person as may be directed by the Minister, to keep a record of all arrears or royalty due, with the increased amounts from time to time entered thereon.

• Marginal note:Special lien and priority

  (19) All royalties, double royalties, percentages, penalties and costs payable under this section are a special lien on the mine, mining property, mineral claim or mining rights, on all ore, mineral or mineral-bearing substances taken therefrom and on all machinery on or connected with the mine, in priority of every claim, privilege, lien or encumbrances of any person, whether the right or title of that person has accrued before, or accrues after, the attaching of the lien, and its priority is not lost or impaired by any neglect, omission or error of any official, officer or person or by want of registration, and it may be realized by action for sale of any or all property, leases and rights, subject to the lien.

• Marginal note:Action to recover royalty

  (20) If the royalty imposed by this section is not paid when due, it may be recovered, together with the added percentages, from the owner, tenant, lessee, occupier or operator of the mine, by an action at the suit of the Minister in any court of competent jurisdiction, together with the costs of the action.

• Marginal note:Injunction of receiver

  (21) In addition to any other remedies for the recovery of the royalty imposed by this section, an injunction or order in the nature of injunction, the appointment of a receiver with all necessary powers or such other relief or remedy as may seem necessary or expedient for securing payment of the royalty may in any case where the royalty is overdue, or where the payment of the royalty seems endangered, be obtained in the Supreme Court of the Territory at the instance and in the name of the Minister to prevent the removal, transportation or transmission of any ore, mineral or mineral-bearing substance, to prevent or restrict mining operations or to provide for such operations or production on such terms and conditions as may seem proper.

• Marginal note:Action by Minister

  (22) Any action that may be brought under this Part may be brought by the Minister as plaintiff, and it is not necessary to name the Minister, and the action does not abate by reason of a change in the name of the Minister or by reason of the office being vacant at any time, but the action may proceed as though no change had been made or no vacancy existed.

• Marginal note:Distress

  (23) In case of default of payment of the royalty imposed by this section, the royalty, together with all additions of percentages, double royalties, penalties and costs, may be levied and collected by distress, together with costs of distress, on the goods and chattels, wherever found, of the person or any person liable therefor, under warrant signed by the Minister, or by the Commissioner, directed to the sheriff of the Territory, and in that case the sheriff shall realize the amount directed to be realized by the warrant, and all costs, by a sale of those goods and chattels, or so much thereof as may be necessary to satisfy the amount directed to be levied by the warrant.

• Marginal note:Fine

  (24) Any person who knowingly makes or signs any false statement, furnishes the Department or any of the officers thereof with any false or incorrect information, gives any false or incorrect information to any officer or person in respect of any other matter or thing required under this section or keeps or causes to be kept any false or incorrect book or account regarding anything required under this section, with intent to deceive, shall, in addition to any other liability, incur a fine not exceeding two hundred dollars for every such offence, which fine may be recovered by summary conviction before a justice of the peace having jurisdiction within the district in which the false statement or false or incorrect information is made or furnished, or before any justice of the peace having jurisdiction within the district in which the false or incorrect book or account is kept.

• Marginal note:Penalty for not furnishing information

  (25) Every person who is required under this section to make or furnish any statement or information, and every mine in respect of which any statement or information is required to be made or furnished, shall, in case of neglect to conform to this section, incur a penalty of twenty dollars per day for each day during which default is made, which penalty shall be added to and become part of the royalty imposed by this section, and that person and mine are also liable to pay a royalty of double the amount for which it would have been liable, which penalty or double royalty may be recovered from any person liable therefor under an action brought in the name of the Minister to be tried by a judge of the Territory.

• Marginal note:Regulations

  (26) Such regulations as may from time to time appear to be necessary shall be established under the authority of the Governor in Council for the carrying out of the provisions and purposes of this section, and to deal with cases that may arise and for which provision is not made in this section.

TERM OF LEASE AND RENTAL

Marginal note:Twenty-one year leases and renewals

101 Leases of mineral claims and of iron and mica claims shall be for a term of twenty-one years, renewable for a further term of twenty-one years if the lessee furnishes evidence to the satisfaction of the Minister that during the term of the lease he has complied in every respect with the conditions of the lease and with the provisions of the law and regulations, and renewable for additional periods of twenty-one years on such terms and conditions as may be prescribed by the Governor in Council.

Marginal note:Fees and rentals

102 The fees and rentals to be charged and paid under this Part are as set out in Schedule II.

Marginal note:Lapse of right

103 Where payment of the rental and fee for the first term of twenty-one years is not made within the period of three months from the date of the certificate of improvements, or where payment is not made of the rental for the renewal term within three months from the date on which it becomes due, all right to the mineral claim or to a lease thereof, or to a renewal of the lease, absolutely lapses without any declaration of cancellation or forfeiture on the part of the Crown, and the claim and rights shall immediately be and become revested in the Crown.

Marginal note:Form of lease

104 A lease of a mineral claim shall be in such form as may be determined by the Minister in accordance with this Part.

AUTHORIZATION FOR ACCESS

Marginal note:Permission necessary for entry

105 Where the surface rights of a mineral claim are covered by a timber licence, by a petroleum, grazing or coal mining lease or by any other form of a terminable grant, the lease shall not authorize entry thereon without the permission of the Minister being first obtained, and that permission shall be given subject to such conditions for the protection of the rights of the lessee or licensee as it may be considered necessary to impose.

Marginal note:Permission for referral to Yukon Surface Rights Board

• 106 (1) Where the surface rights of a mineral claim have been patented, or have been disposed of by the Crown under any Act or regulation that contemplates the earning of patent for the surface rights, and the holder or lessee of the mineral claim cannot make an arrangement with the owner or occupant of the surface rights or the agent of the owner or occupant for entry on the location, or for the acquisition of such interest in the surface rights as may be necessary for the efficient and economical operation of the rights acquired under the record or lease, the holder or lessee may, if the mineral rights in the land subject to access and the right to use and occupy such portion of the land as may be necessary for the effectual working of the minerals have been reserved to the Crown in the original grant of the surface rights, apply to the Minister for permission to refer the matter in dispute to the Yukon Surface Rights Board established by the Yukon Surface Rights Board Act.

• Marginal note:Referral to Board

  (2) On receiving written permission from the Minister, the holder or lessee may refer the matter in dispute to the Yukon Surface Rights Board.

• Marginal note:For greater certainty

  (3) For greater certainty, subsections (1) and (2) apply in respect of settlement land as defined in section 2 of the Yukon Surface Rights Board Act and Tetlit Gwich’in Yukon land as if that land had been patented, except where the mineral claim is a new mineral right as defined in section 2 of that Act.

• Marginal note:Definition of “Tetlit Gwich’in Yukon land”

  (4) In this section, Tetlit Gwich’in Yukon land means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act.

Marginal note:Order of Board

107 Where a matter is referred to the Yukon Surface Rights Board pursuant to subsection 106(2), the Board shall, after taking into consideration the rights of the owner or occupant and the needs of the lessee, or holder of the mineral claim, make an order in accordance with the Yukon Surface Rights Board Act in respect of the matter determining the portion of the surface rights that the lessee or holder may reasonably acquire for the efficient and economical operation of the rights and privileges granted under the lease or record, the exact position thereof and the amount of compensation therefor to which the owner or occupant is entitled.

Marginal note:How valuation made

108 In determining the amount of compensation pursuant to section 107, the Yukon Surface Rights Board shall determine the value of the land irrespective of any enhancement of the land from the existence of minerals thereunder.

109 [Repealed, 1996, c. 27, s. 6]

110 to 112 [Repealed, 1994, c. 43, s. 101]

ADMINISTRATION OF THE ESTATES OF DECEASED OR INSANE MINERS

Marginal note:When owner dies or becomes insane

113 Where the owner of a mineral claim for which a lease has not yet been issued, or the owner of an interest in such a claim, dies or is adjudged to be insane, the provisions of this Part respecting forfeiture for non-performance of work or non-payment of assessment do not apply except as provided in this Part, in the first case, either during the last illness or after the death of that owner, and in the second case, either after that owner has been adjudged insane or, if it appears that the neglect or omission on account or by reason of which the claim would otherwise have been deemed to be forfeited was attributable to his insanity, during such period prior to his having been adjudged insane as he may have been shown to have been insane.

Marginal note:Period of exemption limited

114 The Commissioner may limit the period during which all or any interest in any mineral claim, the property of a deceased or insane person, shall be exempt from the provisions of this Part that require the annual performance of work and payment of fees and may fix the date on which it shall again become subject to all the provisions of this Part.

Marginal note:At termination of period

• 115 (1) At the termination of the period fixed under section 114, the claim becomes subject to all the provisions of this Part, and if those provisions are not complied with the title thereto shall be absolutely forfeited where the estate of the deceased person is the sole owner of the claim, and the claim is forthwith open for relocation without any declaration of cancellation or forfeiture on the part of the Crown.

• Marginal note:Estate a co-owner

  (2) Where an estate referred to in subsection (1) is a co-owner, the interest of the estate is, on the termination of the period of exemption, vested in the other co-owners who have complied with this Part, in proportion to their respective interests.

Marginal note:Extension of period

116 The Commissioner may, by order, from time to time, extend the period of the exemption referred to in section 114 as the necessity of the case may in his opinion require but, in the case of deceased persons, the period during which the exemption applies shall not extend beyond three years from the date of the death of the deceased.

Marginal note:Public administrator to take possession

117 Where there is no legal representative of the estate of any deceased or insane person, the Commissioner may cause the public administrator or such responsible officer as he may name to take possession of the estate and administer it, subject to the provisions of any ordinance in force respecting the administration of the estates of deceased or insane persons in the Territory.

Marginal note:Co-owner not exempt

118 No exemption of the interest of a deceased or insane owner in any mineral claim applies to or exempts any co-owner’s interest from the provisions of this Part with respect to the annual performance of work and payment of fees, and the rights of that co-owner shall be continued, if the co-owner does or causes to be done the prescribed representation work and pay the prescribed fees necessary in connection with the interest not exempted from performance of work and payment of fees.

Marginal note:When interest of co-owner vested in estate

119 Where the estate of a deceased or insane person owns an interest in a mineral claim and the co-owners who are required to perform work and pay fees have, during the period of the exemption, failed to perform the work required to be done thereon, the interest of those co-owners may, on that failure being proved to the satisfaction of a mining recorder, after notice of hearing has been served on all persons interested in the manner prescribed by the mining recorder, be vested in the estate by order of the mining recorder.

Marginal note:Recording of assignment

• 120 (1) Any person who receives from the public administrator, or other legal representative of the estate of a deceased or insane person, an assignment of a mineral claim that has been exempted from the provisions of this Part with respect to the performance of work and payment of fees by reason of the death or insanity of the owner thereof shall record the assignment within two months from the date thereof, and after the assignment has been recorded the claim again becomes subject to all the provisions of this Part.

• Marginal note:Forfeiture of claim

  (2) Where the assignment of a mineral claim referred to in subsection (1) is not recorded within the two months specified in that subsection, the provisions exempting the claim cease to apply and the claim, at the expiration of the two months, becomes absolutely forfeited and open to relocation and entry.

Marginal note:When co-owners required to perform work and pay fees

• 121 (1) Any person who receives from the public administrator, or other legal representative of the estate of a deceased or insane person, an assignment of an interest in a mineral claim that has been exempted from the provisions of this Part with respect to the performance of work and payment of fees by reason of the death or insanity of the owner thereof, and on which the other co-owner or co-owners are required to perform work and pay fees, shall, within two months from the date of the assignment, record the assignment and comply with the provisions of this Part with respect to representation from the day of the recording of the assignment.

• Marginal note:When interest vested in other co-owners

  (2) Where the assignment of an interest in a claim referred to in subsection (1) is not recorded pursuant to that subsection and the Part is not otherwise complied with, the interest in question is thereupon vested in the other co-owner or co-owners in proportion to their respective interests.

• Marginal note:Failure of co-owners to pay fees, etc.

  (3) If the co-owner or co-owners referred to in subsection (1) who are required to perform work and pay fees have failed to do so, the interest of the co-owner or co-owners may, on that failure being proved to the satisfaction of a mining recorder, after notice of hearing has been served on all persons interested, become vested in the co-owner who has acquired the interest of the estate in the claim, and who may have complied with this Part.

MILL-SITES

Marginal note:Lease for mill-site

122 The Minister may, in his discretion, grant a lease of a tract of available, unoccupied and unreserved Crown land, not known to contain mineral of commercial value and not exceeding five acres in area, as a mill-site, but lands valuable for water-power purposes shall not be open to lease for that purpose except by authority of the Governor in Council.

Marginal note:Marking, surveying and form

• 123 (1) A mill-site shall be marked on the ground and surveyed in the same manner as a mineral claim, and shall be as nearly as possible in the form of a square, the boundaries being due north and south and due east and west lines.

• Marginal note:Term of lease

  (2) The term of the lease of a mill-site shall be for such period as the Minister may decide, and the rental shall be at the rate of one dollar an acre per annum, payable yearly in advance from the date of application for the lease.

Marginal note:Non-user

124 Where a mill-site is not utilized as such to the satisfaction of the Minister, within three years from the date of the lease therefor, the lease shall be subject to cancellation in the discretion of the Minister.

DRAINS AND TUNNELS

Marginal note:For working of claim

125 Any holder of a mineral claim by entry or by lease may, in the discretion of a mining recorder, obtain permission to run a drain or tunnel for drainage or any other purpose connected with the development or working of the claim or mine through any occupied or unoccupied lands, whether mineral or otherwise, on security being first deposited or given to the mining recorder to his satisfaction for any damage that may be done thereby, and on such other terms as he thinks expedient.

WATER RIGHTS

Marginal note:For mining or milling purposes

126 The holder of a mineral claim or of any mill-site may obtain a grant to a water right of any unappropriated water for any mining or milling purposes under the Yukon Placer Mining Act, or under the provisions of the regulations for the disposal of water for power purposes, according to the purpose for which the water is to be used.

Marginal note:Application of section 126

127 Section 126 ceases to have any force or effect within a water management area on the establishment of such area by the Governor in Council pursuant to subparagraph 33(1)(a)(i) of the Yukon Waters Act.

MISCELLANEOUS

Marginal note:Injury to claim

• 128 (1) Any person who causes damage or injury to the holder of any mineral claim other than his own by throwing earth, clay, stones or other material on the other claim, or by causing or allowing water that may be pumped or bailed or that may flow from his own claim to flow into or on the other claim is liable to a penalty of not more than fifty dollars and costs, and in default of the payment of the penalty and costs he may be imprisoned for any period of not more than one month.

• Marginal note:Damages

  (2) Subsection (1) does not deprive any person of rights to damages.

Marginal note:Certain rights saved

129 Nothing contained in this Part shall, except where such intention is expressly stated, be so construed as to affect prejudicially any mining rights and interests acquired prior to July 19, 1924, and all mining rights and privileges acquired before that day and acquired under this Part shall, without those rights and privileges being expressly stated, be deemed to be taken and held subject to the rights of Her Majesty, her heirs and successors, and to the public rights-of-way and water.

Marginal note:Affidavits and declarations

130 Affidavits and declarations made under this Act may be made before any persons duly authorized to administer an oath or declaration.

Marginal note:Entry and examination

131 The Minister, the Commissioner or a mining recorder, or any one deputed by any of them, has the right to enter into or on and examine any mineral claim or mine.

Marginal note:Rights of authorities saved

132 Nothing contained in this Act shall be construed as limiting the right of the proper authorities to lay out, from time to time, public roads across, through, along or under any ditch, mill-site, water right or mineral claim.

PART IILand Use and Reclamation

Interpretation

Marginal note:Definitions

• 133 (1) The definitions in this subsection apply in this Part.

  Chief

  directeur

  Chief means the Chief of Mining Land Use designated under subsection 148(1). (directeur)

  Class II Notification

  avis de type II

  Class II Notification means a written notice of a planned Class II exploration program, given to the Chief under paragraph 136(2)(a) or 137(1)(a). (avis de type II)

  development

  développement

  development means the construction of a facility or work for the production of minerals, but excludes the construction of a facility or work for the sole or principal purpose of assessing land for its suitability for the production of minerals. (développement)

  exploration program

  programme d’exploration

  exploration program means any activity or group of activities undertaken for the sole or principal purpose of assessing land for its suitability for the production of minerals. (programme d’exploration)

  inspector

  inspecteur

  inspector means an inspector designated under subsection 148(1). (inspecteur)

  licence

  permis

  licence means a licence issued under section 139 authorizing development or production, or both, and requiring reclamation of the site of the development or production. (permis)

  operating plan

  plan d’exploitation

  operating plan means an operating plan required by subsection 136(3) or (4). (plan d’exploitation)

  operator

  exploitant

  operator means a person who engages in an exploration program, or in development or production. (exploitant)

  production

  production

  production means taking a mineral from the land, or treating a mineral that has been taken from the land, if done for commercial purposes, but excludes an exploration program. (production)

• Marginal note:Application of Part

  (2) This Part, any provision of this Part, the regulations made under section 153, and any provision of those regulations, apply in respect of lands or categories of lands, situated within the Territory, only to the extent that the regulations made under paragraph 153(a) so provide.

• Marginal note:Categories of lands

  (3) Without limiting the generality of paragraph 153(a), regulations made under that paragraph may describe a category of lands by reference to activities taking place, or not taking place, on those lands, either generally or before, at or after a specified time.

• Marginal note:Other Acts, etc., to be complied with

  (4) For greater certainty, nothing in this Part, the regulations made thereunder, an approved operating plan or a licence authorizes a person to contravene any other Act or any regulation or order made thereunder, except as provided in that other Act, regulation or order.

• Marginal note:Transfer of functions

  (5) The Minister may, by written designation, transfer any function of the Minister or the Chief under this Part to any person or body named in the designation, subject to any terms and conditions specified in the designation, and a person or body so designated may perform that function in accordance with the designation.

Purpose of Part

Marginal note:Purpose of Part

134 The purpose of this Part is to ensure the development and viability of a sustainable, competitive and healthy quartz mining industry that operates in a manner that upholds the essential socio-economic and environmental values of the Territory.

Exploration Programs

Marginal note:Classes of exploration programs

• 135 (1) For the purposes of this Part, there are Class I exploration programs, Class II exploration programs, Class III exploration programs and Class IV exploration programs, in accordance with the criteria prescribed by the regulations made under paragraph 153(c).

• Marginal note:Special case

  (2) Notwithstanding the definitions “exploration program”, “development” and “production” in subsection 133(1), a development or production activity that does not involve the disturbance of more than ten thousand tonnes in total of earth, soil and rock in any one year may

  • (a) if it is to be done in combination with an exploration program, be approved as part of that exploration program, or

  • (b) if it is not to be done in combination with an exploration program, be approved as an exploration program,

  such approval to be of or as a Class III or Class IV exploration program, in accordance with the regulations made under paragraph 153(c).

Marginal note:Class I

• 136 (1) No person shall engage in a Class I exploration program except in accordance with the operating conditions prescribed under paragraph 153(b).

• Marginal note:Class II

  (2) No person shall engage in a Class II exploration program except

  • (a) after giving a Class II Notification to the Chief in accordance with the regulations made under paragraph 153(d);

  • (b) subject to section 137 and the regulations made under paragraph 153(e); and

  • (c) subject to any contrary provision in the Class II Notification, in accordance with the operating conditions prescribed under paragraph 153(b).

• Marginal note:Class III

  (3) No person shall engage in a Class III exploration program except

  • (a) in accordance with an operating plan approved by the Chief on written application by that person; and

  • (b) subject to any contrary provision in the operating plan, in accordance with the operating conditions prescribed under paragraph 153(b).

• Marginal note:Class IV

  (4) No person shall engage in a Class IV exploration program except

  • (a) in accordance with an operating plan approved by the Chief, on written application by that person, after paragraphs (c) and (d) have been complied with;

  • (b) subject to any contrary provision in the operating plan, in accordance with the operating conditions prescribed under paragraph 153(b);

  • (c) after notifying the public of the planned exploration program, in the manner directed by the Chief; and

  • (d) after a public consultation, if any, required by the Chief and held in accordance with the directions of the Chief.

• Marginal note:Regulations

  (5) For the purposes of paragraphs (4)(c) and (d), the Chief shall act in accordance with any regulations made under paragraph 153(i).

Marginal note:Class II — Chief’s powers

• 137 (1) At any time after receiving a person’s Class II Notification and before the time at which, by virtue of the regulations made under paragraph 153(e), the person would be entitled to commence to engage in the Class II exploration program, the Chief may

  • (a) if of the opinion that the program as described in the Class II Notification would not result in the mitigation of any adverse environmental effect of the program, notify the person that the program may not commence until the Chief is satisfied, from an amended Class II Notification, that the program will result in the mitigation of the adverse environmental effect; and

  • (b) if of the opinion that there are special public concerns respecting the lands affected by the program, notify the person that the program will be treated, for the purposes of this Part, as if it were a Class III or Class IV exploration program.

• Marginal note:Chief to give reasons

  (2) A notification given to a person under subsection (1) must be in the form, and be given in the manner, prescribed by the regulations made under subparagraph 153(f)(i), and must set out the Chief’s reasons for giving the notification.

• Marginal note:Effect of Chief’s notification

  (3) A person who has been notified by the Chief under paragraph (1)(a) shall not commence the program in question until the Chief is satisfied, from an amended Class II Notification, that the program will result in the mitigation of the adverse environmental effect.

• Marginal note:Effect of Chief’s notification

  (4) Where the Chief notifies a person under paragraph (1)(b), then subsection 136(3) or (4), as the case may be, applies in respect of the program in question.

Marginal note:Certificate of Completion

• 138 (1) In the case of a Class II exploration program in respect of which security was required, where the Chief is satisfied that the program has been terminated and that the operator has complied with all provisions of the Class II Notification and of this Part and the regulations made thereunder, the Chief shall, on written application by the operator, issue to the operator a Certificate of Completion to that effect, in the prescribed form.

• Marginal note:Certificate of Completion

  (2) In the case of a Class III or Class IV exploration program, where the Chief is satisfied that the program has been terminated and that the holder of the approved operating plan has complied with all provisions of the plan and of this Part and the regulations made thereunder, the Chief shall, on written application by the holder, issue to the holder a Certificate of Completion to that effect, in the prescribed form.

• Marginal note:Effect of Certificate of Completion

  (3) A document purporting to be a Certificate of Completion is admissible in evidence in any court without proof of the signature or official character of the person appearing to have signed it, and is, unless the contrary is shown, proof of the matters asserted in it.

Development and Production

Marginal note:Licence required

• 139 (1) No person shall engage in development or production otherwise than in accordance with a licence, except as permitted by subsection 135(2) or section 140.

• Marginal note:Minister may issue licences

  (2) Subject to this Part and the regulations made thereunder, the Minister may issue a licence to a person who makes written application therefor.

• Marginal note:Public notification

  (3) If any regulations made under paragraph 153(h) are applicable, the Minister may not issue a licence until the applicant has notified the public, in the manner directed by the Minister, of the activities that the licence would authorize.

• Marginal note:Minister may require public consultation

  (4) The Minister may require that a public consultation be held in connection with an application for a licence, and in that case the Minister may not issue the licence until the public consultation has been held in accordance with the Minister’s directions.

• Marginal note:Regulations

  (5) For the purposes of subsections (3) and (4), the Minister shall act in accordance with any regulations made under paragraph 153(h) or (i), respectively.

• Marginal note:Conditions of licence

  (6) Subject to this Part and the regulations made thereunder, the Minister may include in a licence any conditions related to this Part that the Minister considers appropriate, including conditions requiring reclamation of the site during and after development and production.

Marginal note:Special case

140 A person who is engaged in a Class III or Class IV exploration program in accordance with an approved operating plan may, despite having decided to engage in development, continue, while the plan is in effect, to engage in the activities authorized by the plan or any amendment thereto, without having a licence, until a licence is issued.

Marginal note:Certificate of Closure

• 141 (1) Where the Minister is satisfied that a development or production activity has been terminated and that the licensee has complied with all provisions of the licence and of this Part and the regulations made thereunder, the Minister shall, on written application by the licensee, issue to the licensee a Certificate of Closure to that effect, in prescribed form.

• Marginal note:Effect of Certificate of Closure

  (2) A document purporting to be a Certificate of Closure is admissible in evidence in any court without proof of the signature or official character of the person appearing to have signed it, and is, unless the contrary is shown, proof of the matters asserted in it.

Applications

Marginal note:Form and content of applications

142 An application for

• (a) approval of an operating plan,

• (b) a licence,

• (c) assignment of an approved operating plan or of a licence, or

• (d) a Certificate of Completion or a Certificate of Closure

must be in accordance with the regulations made under paragraph 153(d) and must be accompanied by any applicable fee that is required by virtue of regulations made under paragraph 153(m).

Security

Marginal note:Security may be required

• 143 (1) Where there is a risk of significant adverse environmental effect from a planned Class II, Class III or Class IV exploration program or from planned development or production,

  • (a) the person giving the Class II Notification may be required by the Chief,

  • (b) the applicant for approval of an operating plan, the holder of an approved operating plan, or the prospective assignee of an approved operating plan, may be required by the Chief, or

  • (c) the applicant for a licence, the licensee, or the prospective assignee of a licence, may be required by the Minister

  to furnish and maintain security with the Minister, in an amount specified in, or determined in accordance with, the regulations made under paragraph 153(n) and in a form prescribed by or pursuant to those regulations or a form satisfactory to the Minister.

• Marginal note:Past performance

  (2) In assessing, under subsection (1), whether there is a risk of significant adverse environmental effect, the past performance of the person giving the Notification, the applicant, holder, licensee or prospective assignee, as the case may be, may be considered.

• Marginal note:How security may be applied

  (3) Security furnished under subsection (1) may be applied by the Minister to reimburse Her Majesty, either fully or partially, for reasonable costs incurred by Her Majesty pursuant to subsection 150(7) or 151(1), subject to subsection (4).

• Marginal note:Limitation

  (4) Subsection (3) applies in respect of costs incurred pursuant to subsection 151(1) only to the extent that the incurring of those costs was based on subparagraph 151(1)(b)(i).

• Marginal note:Limitation

  (5) The amount of security that the Minister may apply pursuant to subsection (3) in respect of any particular incident or matter may not exceed in the aggregate the amount of the security referred to in subsection (1).

• Marginal note:Return of security

  (6) Where

  • (a) a Certificate of Completion or a Certificate of Closure has been issued, or

  • (b) an approved operating plan or a licence has been assigned,

  any portion of the security that, in the Minister’s opinion, will not be required under subsection (3) shall forthwith be returned to the certificate holder (where paragraph (a) applies) or the assignor (where paragraph (b) applies).

Inspector’s Power to Amend Class II Exploration Programs

Marginal note:Minor amendments to program

144 Where an operator of a Class II exploration program requests an inspector, orally or in writing, to amend the terms of the program in a minor way, and the inspector is satisfied that the requested amendment poses no risk of significant adverse environmental effect, the inspector may issue a variation notice amending the terms of the program as set out in the Class II Notification.

Amendment and Renewal of Operating Plans and Licences

Marginal note:Amendment or renewal of operating plan

• 145 (1) The Chief may, on written application by the holder of an approved operating plan, approve an amendment to, or renewal of, that plan.

• Marginal note:Amendment or renewal of licence

  (2) The Minister may, on written application by a licensee,

  • (a) amend the licensee’s licence; or

  • (b) renew the licensee’s licence, either with or without changes to the conditions of the licence.

• Marginal note:Application of certain provisions

  (3) Sections 136, 139, 142 and 143 apply, with such modifications as the circumstances require, in respect of an amendment to, or renewal of, an approved operating plan or a licence pursuant to this section.

Marginal note:Minor amendments to plan or licence

146 Where an operator of a Class III or Class IV exploration program, or a licensee, requests an inspector, orally or in writing, to amend in a minor way the operating plan or the licence, as the case may be, and the inspector is satisfied that the requested amendment poses no risk of significant adverse environmental effect, the inspector may issue a variation notice amending the operating plan or licence.

Assignment

Marginal note:Assignment of approved operating plan

• 147 (1) The Chief shall, on written application by the holder of an approved operating plan, authorize the assignment of that plan if

  • (a) the prospective assignee

    • (i) undertakes in writing to comply with the plan, and

    • (ii) furnishes any security that is required from the prospective assignee pursuant to section 143; and

  • (b) the Chief is satisfied that the assignment would not be likely to result in a contravention of any condition of the plan or of any provision of this Part or the regulations.

• Marginal note:Assignment of licence

  (2) The Minister shall, on written application by a licensee, authorize the assignment of the licensee’s licence if

  • (a) the prospective assignee

    • (i) undertakes in writing to comply with the licence, and

    • (ii) furnishes any security that is required from the prospective assignee pursuant to section 143; and

  • (b) the Minister is satisfied that the assignment would not be likely to result in a contravention of any condition of the licence or of any provision of this Part or the regulations.

• Marginal note:Plan, licence not otherwise assignable

  (3) Except as provided in this section, an approved operating plan or a licence is not assignable.

Inspection and Enforcement

Marginal note:Inspectors and Chief

• 148 (1) The Minister may designate as an inspector, or as the Chief of Mining Land Use, for the purposes of this Part, any person that the Minister considers qualified.

• Marginal note:Certificate to be produced

  (2) The Minister shall furnish every inspector with a certificate of designation as an inspector, and on entering any place an inspector shall, if so requested, produce the certificate to the person in charge thereof.

Marginal note:Powers of inspectors

• 149 (1) Subject to this section, an inspector may at any reasonable time, for the purpose of ensuring compliance with this Part,

  • (a) enter any place in which the inspector believes on reasonable grounds that an activity to which this Part applies is being, or has been, carried out; and

  • (b) conduct such inspections as the inspector deems necessary, including examining books, records or documents and making copies thereof or taking extracts therefrom, taking samples of minerals or other substances, conducting tests and taking measurements.

• Marginal note:Exception

  (2) No inspector may enter, without the consent of the occupant, any place that is designed to be used and is being used as a permanent or temporary dwelling place.

• Marginal note:Inspector to announce arrival

  (3) Before exercising powers under paragraph (1)(b), an inspector shall make reasonable efforts to ascertain whether anyone responsible for the place entered is present and, if so, the inspector shall announce the inspector’s arrival to that person.

• Marginal note:Assistance to inspectors

  (4) The person in charge of any place referred to in this section, and every person found therein, shall give an inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties under this Part, and shall furnish the inspector with such information with respect to the administration of this Part as the inspector may reasonably request.

Marginal note:Directions by inspector

• 150 (1) Where an inspector believes on reasonable grounds that an operator

  • (a) has contravened, or may be about to contravene, this Part, or

  • (b) has or is engaged in an activity that is resulting in, or may result in, unnecessary danger to persons, property or the environment,

  the inspector may direct the operator in writing to take such reasonable measures as the inspector may specify, including the cessation of an activity, to prevent the contravention or the unnecessary danger or their continuation or repetition.

• Marginal note:Where direction may be posted

  (2) Where an inspector is unable to give a direction to the operator after making reasonable efforts to do so, the inspector may post the direction in a conspicuous place on the operator’s premises, whereupon the direction is deemed to have been given to the operator.

• Marginal note:Review of inspector’s direction by Chief

  (3) Where an inspector gives a direction to a person under this section, the Chief

  • (a) if so requested by the person at any time, shall forthwith review the direction and shall, after completion of that review, confirm, alter or revoke the direction; or

  • (b) may, at any time, on the Chief’s own initiative, review the direction and shall, after completion of any such review, confirm, alter or revoke the direction.

• Marginal note:Review of Chief’s decision by Minister

  (4) Where the person referred to in subsection (3) requests the Minister to review a decision of the Chief made under that subsection, the Minister

  • (a) shall, if the request is made within ninety days after the person was notified of the Chief’s decision, forthwith review the decision;

  • (b) may, if the request is made after the ninety day period mentioned in paragraph (a), review the decision; and

  • (c) shall, after completion of a review referred to in paragraph (a) or (b), confirm or alter the decision or substitute a new decision therefor.

• Marginal note:Revocation of certain directions

  (5) An inspector, on being satisfied that the situation that led to giving a direction to cease an activity no longer exists, shall forthwith revoke that direction.

• Marginal note:Direction to be complied with

  (6) A person to whom a direction is given under this section shall comply with the direction.

• Marginal note:Inspector may take measures

  (7) Where a person to whom a direction is given under this section does not comply with the direction, an inspector may, with the consent of the Chief, take the measures set out in the direction and may, for that purpose, enter any place, subject to subsection 149(2).

• Marginal note:Recovery of Her Majesty’s costs

  (8) Any portion of the reasonable costs incurred by Her Majesty pursuant to subsection (7) that is not recoverable from the security referred to in section 143

  • (a) because of the non-existence or inadequacy of that security,

  • (b) because all or a portion of that security has been returned pursuant to subsection 143(6), or

  • (c) for any other reason

  may be recovered from the person to whom the direction under this section was given, as a debt due to Her Majesty.

Marginal note:Termination or abandonment

• 151 (1) Where an inspector believes, on reasonable grounds, that

  • (a) a person has terminated, temporarily or permanently, or has abandoned an exploration program, development or production, and

  • (b) either

    • (i) the person has contravened a condition of an approved operating plan or of a licence, or any provision of this Part or the regulations, whether or not the condition or provision relates to termination or abandonment, or

    • (ii) a danger to persons, property or the environment may result from the past exploration program, development or production or from its termination or abandonment,

  the inspector may, after making reasonable efforts to contact the person, take any reasonable measures to prevent, counteract, mitigate or remedy any resulting adverse effect on persons, property or the environment, and for that purpose may enter any place, subject to subsection 149(2).

• Marginal note:Recovery of Her Majesty’s costs

  (2) Any portion of the reasonable costs incurred by Her Majesty pursuant to subsection (1) that is not recoverable from the security referred to in section 143

  • (a) because of the non-existence or inadequacy of that security,

  • (b) because all or a portion of that security has been returned pursuant to subsection 143(6), or

  • (c) for any other reason

  may be recovered from the person referred to in subsection (1) as a debt due to Her Majesty, to the extent that the incurring of those costs was based on subparagraph (1)(b)(i).

Marginal note:Obstruction

• 152 (1) No person shall wilfully obstruct or otherwise interfere with an inspector or the Chief when the inspector or Chief is engaged in carrying out functions under this Part.

• Marginal note:False statements

  (2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or the Chief when the inspector or Chief is engaged in carrying out functions under this Part.

Regulations

Marginal note:Regulations

153 The Governor in Council may make regulations

• (a) prescribing lands and categories of lands in respect of which this Part, any provision of this Part, the regulations, or any provision of the regulations, applies;

• (b) prescribing operating conditions applicable to Class I, II, III or IV exploration programs or to any activity or group of activities included in any such program;

• (c) prescribing the criteria that determine

  • (i) whether an exploration program is a Class I, II, III or IV exploration program, and

  • (ii) whether an approval given under subsection 135(2) is to be of or as a Class III or Class IV exploration program;

• (d) prescribing the form of the Class II Notification and of applications referred to in section 142, the information to be submitted in connection with a Class II Notification or such application, and the form in which any of that information is to be submitted;

• (e) respecting the minimum time interval between giving a Class II Notification and commencing to engage in the Class II exploration program;

• (f) for the purposes of section 137,

  • (i) prescribing the form of, and the manner in which the Chief must give, the notification under that section, and

  • (ii) prescribing the circumstances in which that notification is deemed to have been received by the person in question;

• (g) prescribing forms, in addition to any forms prescribed under paragraph (d);

• (h) for the purposes of subsection 139(3), and for the purposes of that subsection in its application, pursuant to subsection 145(3), to amendments and renewals, respecting

  • (i) the circumstances in which an applicant must notify the public of the activities that the licence would authorize, and

  • (ii) the manner of that notification;

• (i) for the purposes of subsection 136(5) or 139(5), and for the purposes of those subsections in their application, pursuant to subsection 145(3), to amendments and renewals, respecting

  • (i) the manner of notifying the public of a planned exploration program,

  • (ii) the circumstances in which a public consultation is, or is not, required,

  • (iii) the manner of notifying the public about a public consultation,

  • (iv) the manner in which a public consultation shall be held, and

  • (v) the person or persons who shall conduct a public consultation;

• (j) prescribing conditions, including duration or maximum duration, of operating plans and licences, including conditions requiring reclamation of the site;

• (k) respecting

  • (i) the exercise by the Chief of the power to approve operating plans, amendments thereto and renewals thereof, and

  • (ii) the exercise by the Minister of the power to issue, amend and renew licences;

• (l) respecting the procedure and the time limits to be observed in respect of the approval of operating plans and the issue of licences, amendments thereto and renewals thereof, the review of inspectors’ directions under subsection 150(3) and of the Chief’s decisions under subsection 150(4), and the issue of Certificates of Completion under subsections 138(1) and (2) and of Certificates of Closure under subsection 141(1);

• (m) prescribing fees to be paid for making any application, or for requesting a review mentioned in subsection 150(3) or (4), and prescribing the times at which and the manner in which such fees must be paid;

• (n) respecting

  • (i) the amount of security that may be required to be furnished and maintained under section 143, which regulations may empower the Chief, in the case of paragraphs 143(1)(a) or (b), or the Minister, in the case of paragraph 143(1)(c), to fix the amount of the security subject to a maximum specified in, or determined in accordance with, those regulations,

  • (ii) the review of any amount of security fixed by the Chief or the Minister, and

  • (iii) the form and the terms of the security;

• (o) respecting partial returns of security in situations other than those referred to in subsection 143(6);

• (p) respecting

  • (i) deductions, for the purpose of subsection 100(4), of

    • (A) security furnished under subsection 143(1) by a person referred to in paragraph 143(1)(b) or (c), and

    • (B) security furnished by a person referred to in paragraph 143(1)(b) or (c) under any other Act of Parliament that provides for security that is for environmental purposes and is under the control of a Minister, and

  • (ii) the circumstances under which, the extent to which and the manner in which

    • (A) returns, pursuant to subsection 143(6) or pursuant to regulations made under paragraph (o), or

    • (B) applications, pursuant to subsection 143(3),

    of security described in subparagraph (i) shall be deemed to be gross receipts for the purpose of ascertaining and fixing the annual profits under subsection 100(4);

• (q) respecting

  • (i) the circumstances in which a contravention of section 136 or subsection 139(1) or 150(6) or a condition of an approved operating plan or a licence, in order to take emergency measures, is not an offence,

  • (ii) the reporting of such emergency measures to the Chief or an inspector, and

  • (iii) the duties, in respect of the reclamation of the area affected by those measures, of the person who took those measures;

• (r) prescribing the records to be kept by the Minister, the Chief, inspectors and operators, and the form in which, the place in which and the period of time for which such records must be kept;

• (s) prescribing the manner in which inspectors and the Chief must carry out their functions, and respecting the making of reports by them in relation to their carrying out of their functions;

• (t) respecting the content of directions given by inspectors under subsection 150(1), the time period within which such directions must be complied with, and the effect on that time period of a request for a review of the direction under subsection 150(3) or (4);

• (u) respecting the effect of

  • (i) an alteration or revocation of a direction under subsection 150(3), or

  • (ii) an alteration or substitution of a decision under subsection 150(4)

  on the operation of subsections 143(3) and 150(8);

• (v) requiring that public notice be given before the Minister’s functions under subsection 150(4) may be exercised by a person described in paragraph 24(2)(d) of the Interpretation Act, respecting the circumstances in which such public notice must be given, and respecting the manner of giving that public notice; and

• (w) generally for carrying out the purposes and provisions of this Part.

Offences and Punishment

Marginal note:Exploration programs

• 154 (1) Any person who contravenes subsection 136(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

• Marginal note:Exploration programs

  (2) Any person who contravenes subsection 136(3) or (4), or any condition of an approved operating plan, is guilty of an offence and liable on summary conviction to a fine not exceeding twenty thousand dollars.

• Marginal note:Development, production

  (3) Any person who contravenes subsection 139(1), or any condition of a licence, is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred thousand dollars.

• Marginal note:Complying with inspector’s direction

  (4) Any person who contravenes subsection 150(6) is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

• Marginal note:Assisting inspectors, etc.

  (5) Any person who contravenes subsection 149(4) or section 152 is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.

• Marginal note:Contravention of certain regulations

  (6) Any

  • (a) person who contravenes a regulation made under paragraph 153(q) relating to the reporting of emergency measures or the reclamation of the area, and

  • (b) operator who contravenes a regulation made under paragraph 153(r)

  is guilty of an offence and liable on summary conviction to a fine not exceeding two thousand dollars.

• Marginal note:Continuing offences

  (7) Where an offence under this section is committed on, or continued for, more than one day, it is deemed to be a separate offence for each day on which it is committed or continued.

Marginal note:Limitation period

• 155 (1) Proceedings in respect of an offence under section 154 may be instituted at any time within, but not later than, two years after the time when the Minister becomes aware of the subject-matter of the proceedings.

• Marginal note:Minister’s certificate

  (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, is admissible in evidence in any court without proof of the signature or official character of the person appearing to have signed it, and is, unless the contrary is shown, proof of the matters asserted in it.

Marginal note:Action to enjoin not prejudiced by prosecution

• 156 (1) Notwithstanding that a prosecution has been instituted in respect of an offence under section 154, the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence under that section.

• Marginal note:Civil remedy not affected

  (2) No civil remedy for any act or omission is suspended or affected by reason only that the act or omission is an offence under section 154.

SCHEDULE II(Section 102)Fees

1	Recording mineral claim		$ 10.00
2	For a substitutional record		10.00
3	Application for a lease and issue of same		10.00
4	For Certificate of Work
		For one year	5.00
		For two years	10.00
		For three years	15.00
		For four years	20.00
		For five years	25.00
5	For a certificate of improvements		5.00
6	For a grouping certificate		5.00
7	Recording assignments, abandonments, affidavits or any other document		2.50
		If document affects more than one claim, for each additional claim	1.00
8	For an abstract of the record of a claim
		For the first entry	1.00
		For each additional entry	0.10
9	For copies of any documents recorded
		Up to three folios	3.00
		For each additional folio	0.50
10	For recording a power of attorney to stake from one person		4.00
11	For recording a power of attorney to stake from two persons		8.00
12	For recording an assignment of a quartz mining lease		3.00
13	Rental for whole or fractional mineral claim granted under lease for term of twenty-one years:
		If acreage is 51.65 acres or less	50.00
		Add for each acre or fraction thereof over 51.65 acres	5.00
14	Rental for renewal term of twenty-one years
		If acreage is 51.65 acres or less	200.00
		Add for each acre or fraction thereof over 51.65 acres	20.00
15	Rental iron and mica claim as defined by section 18		150.00
16	Rental for renewal term of twenty-one years iron and mica claim		600.00

• R.S., c. Y-4, Sch. II