81. (1) Notwithstanding anything in these Regulations, where a lessee, permittee or holder of a mineral claim is prevented through circumstances beyond his control from fulfilling any requirement of these Regulations, the lessee, permittee or holder may apply to the Chief for an order granting whatever relief is necessary in the circumstances to maintain the lease, permit or claim in good standing for the period within which fulfilment of the requirement is prevented.
(2) On receipt of an application under subsection (1), the Chief may grant such relief as he deems necessary in the circumstances.
(3) Notwithstanding any relief granted by the Chief under subsection (2), the Chief may order the lessee, permittee or holder of a mineral claim to commence and diligently continue to fulfill a requirement referred to in subsection (1) that is necessary to keep the lease, permit or claim in good standing where, in his opinion, the circumstances that prevented the requirement from being fulfilled no longer exist and any period of suspension granted under subsection (1), as shortened by an order under this subsection, shall be added to the term or period of the lease, permit or claim for the purposes of determining compliance with the requirements of these Regulations.
(4) Any relief granted or order made by the Chief under this section shall be recorded in the records of the Mining Recorder or of the Chief, whichever records are relevant.
- SOR/79-234, s. 25;
- SOR/2007-273, s. 31(F).
82. Where, as a result of a strike within the meaning of the Public Service Staff Relations Act, the holder of a recorded claim is unable to do anything within the time required by these Regulations and the Minister is satisfied that such inability is not in any way the fault of the holder of the claim, the time within which anything is required to be done shall be extended for a period ending 15 days after the last day of the strike.
83. For the purposes of these Regulations, written notice shall be deemed to be given by the Mining Recorder, Chief or Minister, as the case may be, to the holder of a recorded claim, when the notice is sent by registered mail to the holder at his address as shown in the records of the Mining Recorder.
REVIEW BY THE MINISTER
84. (1) Any person with a legal or beneficial interest in the subject matter of an order, decision or direction made, or any other action taken or omitted to be taken, under these Regulations by the Supervising Mining Recorder, a Mining Recorder, the Chief, a mining royalty valuer or an engineer of mines may, within 30 days after the making of the order, decision or direction or the taking of the action or, in the case of an omission to take action, within 30 days after the action should have been taken, request in writing that the Minister review the matter.
(2) On receipt of a request under subsection (1), the Minister shall
(a) request, from the applicant or any other person, any documents, further particulars or written argument necessary to determine the matter;
(b) review the matter or conduct a hearing into the matter;
(i) confirm the order, decision, direction or action in question, or
(ii) substitute a different order, decision, direction or direct that a different action be taken; and
(d) advise the applicant in writing of his or her decision, and the reasons therefor.
- SOR/88-9, s. 26;
- SOR/92-552, s. 4(F);
- SOR/99-219, s. 6.
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