45. (1) Subject to sections 80 to 82, where the holder of a recorded claim fails
(a) to comply with subsection 27(2),
(b) to file with the Mining Recorder the statement required by subsection 41(1) within the time fixed for the filing thereof,
(c) to obtain a certificate pursuant to subsection 44(3) or (5), as the case may be, before the expiration of 30 days after the anniversary date of the recording of the claim, or
(d) to apply for a lease within the time fixed by section 58,
the Mining Recorder shall give written notice to the holder specifying the default and informing him that unless the default is remedied within 60 days from the date of the notice, the claim shall be deemed to have lapsed as provided in subsection (2).
(2) Where the holder of a recorded claim fails, within 60 days from the date of a notice given to him pursuant to subsection (1), to remedy the default specified in that notice,
(a) the claim shall be deemed to have lapsed, without any declaration of cancellation or forfeiture on the part of Her Majesty; and
(b) the land within the claim shall be open for relocation under these Regulations after 12 o’clock noon on the day following the first business day following the expiration of the 60 days referred to in subsection (1).
- SOR/79-234, s. 17;
- SOR/2007-273, s. 11(F).
46. Subject to sections 44 and 82, where there is an agreement between co-holders of a recorded claim as to the amount of representation work to be done by each of them and any one of those co-holders fails to do the amount of work he agreed to do, the Minister may, on receipt of an application and on being satisfied that the work has been done by the remaining co-holder or co-holders, vest the claim in the co-holder or co-holders.
47. (1) An engineer of mines or an authorized officer may, at any reasonable time,
(a) enter on any recorded claim, recorded claim that is subject to a lease, or mining property, and inspect the claim, mining property or mine, and records or books of account and take samples of minerals or processed minerals;
(b) require the operator of a mine to produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom any records or books of account relating to the operation of the mine; and
(c) subject to subsection (2), require the holder of a recorded claim to provide him with copies of any plans, drill logs or reports of geological, geochemical, geophysical, engineering or other surveys relating to exploration, development or operation of the claim or any mine thereon.
(2) Information relating to exploration results not filed as representation work shall be kept confidential until such time as it has been released to the public by the holder of the recorded claim or until the claim or lease lapses or is cancelled, whichever is the earlier.
(3) Every authorized officer shall be furnished with a certificate of authorization and, on entering any claim, mining property or mine, shall, if requested, produce the certificate to the owner or persons in charge of that place.
(4) The owner or person in charge of any claim, mining property or mine and every person found in that place shall give the authorized officer all reasonable assistance in their power to enable that officer to carry out his or her duties and functions under these Regulations, and shall furnish that officer with any information with respect to the administration and enforcement of these Regulations as may reasonably be required.
(5) No person shall obstruct or hinder an authorized officer in carrying out his duties and functions under these Regulations.
(6) No person shall make a false or misleading statement either orally or in writing to an authorized officer engaged in carrying out his duties and functions under these Regulations.
- SOR/88-9, s. 15;
- SOR/2007-273, s. 12.
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