56. (1) A survey of a recorded claim may be protested by any person who has any interest in land that is contiguous to the claim and who alleges that such interest will be adversely affected if the plan survey is recorded pursuant to section 57
(a) at any time during the period referred to in paragraph 55(2)(b), or
(b) within 30 days thereafter
by filing with the Mining Recorder a notice of protest in Form 4 of Schedule III.
(2) Where a survey is protested pursuant to subsection (1), the protest shall be heard and determined in accordance with section 53.
(3) A plan of survey of a recorded claim shall not be recorded by the Mining Recorder until the holder of the claim has paid the applicable fee set out in Schedule I and the Mining Recorder is satisfied that
(a) the requirements of section 55 have been complied with;
(b) the plan of survey has been approved by the Surveyor General; and
(c) any charge payable pursuant to subsection 54(5) has been paid.
- 1998, c. 14, s. 101(F).
57. A survey of a recorded claim made in accordance with these Regulations and recorded by the Mining Recorder is conclusive evidence, for all purposes of these Regulations, of the boundaries of the claim.
58. (1) The holder of a recorded claim may apply for a lease of the claim
(a) where no certificate respecting the claim has been issued under subsection 39(1), not later than 30 days after the 10th anniversary of the recording of the claim; or
(b) where a certificate respecting the claim has been issued under subsection 39(1), not later than 30 days after the common anniversary date next following the 10th anniversary of the original recording date of the claim.
(2) The holder of a recorded claim shall be granted a lease of that claim by the Minister if
(a) the holder has submitted an application pursuant to subsection (1);
(a.1) his title to the claim is not disputed;
(a.2) where the holder has received a notice under subsection (5), he has complied with subsection (6);
(b) he has
(i) recorded representation work on the claim to a value of at least $10 per acre, or
(ii) undertaken to commence production on his claim;
(c) a survey of the claim has been recorded with the Mining Recorder;
(d) the applicable fee set out in Schedule I and the rental for the first year have been paid to the Mining Recorder; and
(e) an application for a lease in Form 15 of Schedule III has been filed with the Mining Recorder.
(3) In calculating the value of representation work done on a recorded claim for the purposes of subsection (2), the Mining Recorder shall not include representation work of a kind described in paragraph 38(1)(d) having a value in excess of $2 per acre or of a kind described in paragraph 38(1)(e) having a value in excess of $2 per acre.
(4) On receipt of an application for a lease, the Mining Recorder shall forward the application to the Chief who may
(a) notify the Minister that the requirements of subsections (1) and (2) have been met; or
(b) reject the application if the applicant has not complied with all the provisions of these Regulations.
(5) Where the Chief rejects an application under subsection (4), he shall give written notice to the applicant stating the grounds for his rejection.
(6) An applicant who receives a notice under subsection (5) may, within 60 days from the date of the notice or such longer period as the Chief may direct, submit evidence satisfactory to the Chief that he has complied with all the provisions of these Regulations.
(7) Where an applicant referred to in subsection (6) does not submit evidence satisfactory to the Chief pursuant to that subsection and the 10th anniversary of the recording of the claim has passed,
(a) the applicant’s claim shall be deemed to have lapsed without any declaration of cancellation or forfeiture at the end of the applicable period referred to in subsection (6) and to have been forfeited to Her Majesty on that date; and
(b) the land comprised within the applicant’s claim shall be open for relocation under these Regulations after 12 o’clock noon on the day following the first business day at the end of such period.
(8) [Repealed, SOR/88-9, s. 17]
(9) The Chief shall notify the Mining Recorder of the granting of a lease of a recorded claim and of any assignment of that lease or of any interest therein.
(10) to (12) [Repealed, SOR/88-9, s. 17]
- SOR/79-234, s. 20;
- SOR/88-9, s. 17;
- SOR/2007-273, s. 14(F).
- Date modified: