Northwest Territories and Nunavut Mining Regulations (C.R.C., c. 1516)
Full Document:
Regulations are current to 2012-05-14 and last amended on 2008-07-28. Previous Versions
WHERE AND BY WHOM CLAIMS MAY BE ACQUIRED
11. (1) No person shall prospect for minerals or stake a claim on lands
(a) that are used as a cemetery;
(b) that are subject to a recorded claim or lease;
(c) that are subject to a prospecting permit, unless the person is the holder of the permit or is acting on behalf of the holder;
(d) for which the minerals are subject to a grant by Her Majesty;
(e) that have been withdrawn from disposal or set apart and appropriated by the Governor in Council under paragraphs 23(a) to (e) of the Act;
(f) that are subject to a prohibition on prospecting or staking a claim under a land use plan that has been approved under federal legislation or a land claim agreement; or
(g) the surface of which is subject to a grant or lease by Her Majesty, unless the owner of those lands or the holder of the lease has consented to the prospecting or staking or an order authorizing entry on those lands has been made under subsection 72(3).
(2) Despite paragraph (1)(b), the holder of a recorded claim or a lease, or a person acting on their behalf, may prospect on lands subject to that recorded claim or lease.
- SOR/88-9, s. 6;
- SOR/99-219, s. 2;
- SOR/2007-273, s. 7;
- SOR/2008-240, s. 1.
SIZE OF A CLAIM
12. Subject to these Regulations, a licensee or a person authorized by a licensee may, in accordance with section 13, locate mineral claims, but no such claim shall exceed 2,582.5 acres.
- SOR/79-234, s. 5.
HOW A CLAIM SHALL BE LOCATED
13. (1) A claim shall, as nearly as possible, be rectangular, except where a boundary of any lands referred to in paragraphs 11(1)(a) to (h) is adopted as a common boundary.
(2) Subject to subsection (3), the length and width of a claim shall each, as nearly as possible, be 1,500 feet or a multiple thereof, but the length of a claim shall not exceed five times its width.
(3) Any land situated between two previously located claims that contains not more than 2,582.5 acres, may be located as a claim.
(4) A claim shall be measured horizontally and its boundaries shall extend vertically downward on all sides and shall, as nearly as possible, run north, south, east and west astronomically.
- SOR/79-234, s. 6;
- SOR/88-9, s. 7.
14. (1) Subject to subsection 15(2), each corner of a claim shall be marked on the ground
(a) in a treed area
(i) by a post of sound wood planted firmly in or on the ground in an upright position and standing not less than four feet above the ground, or
(ii) by a tree found in position and cut off not less than four feet above the ground,
the upper one foot of which has been squared so that each face of the squared portion is not less than 1 1/2 inches in width; and
(b) in a treeless area, by a post described in subparagraph (a)(i) or by a cone-shaped, well-constructed mound of earth or stone that is not less than three feet in diameter at the base and not less than three feet in height.
(2) Subject to subsections (3) and 15(2), legal posts shall be erected along the outer boundaries of a claim at intervals of not more than 1,500 feet, measured horizontally, the posts being numbered consecutively in a clockwise direction, commencing at one, from the northeast corner post, and recommencing at one from each corner post thereafter.
(3) Where a boundary line crosses a body of water or any other natural obstruction or lands described in paragraph 11(1)(h), a legal post shall be placed on the boundary line on each side of the body of water, natural obstruction or lands.
(4) Where two or more claims are being located at the same time by or on behalf of the same licensee and have a common corner or common boundary, one legal post may be used to mark any common corner or common boundary point.
(5) Where wooden legal posts are used to mark a claim, there shall be fastened securely on each of the posts marking the northeasterly, southeasterly, southwesterly and northwesterly corners an identification tag bearing a serial number and the post number namely, “NE 1” for the northeast post, “SE 2” for the southeast post, “SW 3” for the southwest post and “NW 4” for the northwest post.
(6) Where a mound of earth or stone is used as a legal post to mark a claim, the appropriate identification tag shall be inserted in a waterproof container in the apex of the mound.
(7) There shall be clearly inscribed on the identification tag marked “NE 1”
(a) the name of the claim;
(b) the name of the locator;
(c) the licence number of the locator;
(d) the name of the person actually locating the claim if that person is not the locator; and
(e) the date, hour and minute of the placing of the legal post.
(8) There shall be clearly inscribed on each of the identification tags marked “SE 2”, “SW 3” and “NW 4”
(a) the name of the claim;
(b) the name of the locator;
(c) the name of the person actually locating the claim if that person is not the locator; and
(d) the date, hour and minute of the placing of each legal post.
(9) Information that cannot be inscribed on an identification tag because of insufficient space or lack of tags shall
(a) in the case of a wooden legal post, be plainly marked on the legal post; or
(b) in the case of a mound of earth or stone used as a legal post, be legibly written on paper or inscribed on durable material and inserted in a waterproof container in the apex of the mound.
(10) A claim that is marked in a manner described in subsection (9) because of a lack of tags shall not be recorded by a Mining Recorder until the claim has been marked with identification tags in the manner required by these Regulations and where the claim is not so marked within the time prescribed by subsection 24(1), the claim shall not be recorded.
(11) Where a wooden legal post is used to mark the boundary of a claim, there shall be clearly inscribed on each post, other than a corner post, the name of the claim, the appropriate number of the post and
(a) on any north boundary post, the letters “NBP” or “BLN”;
(b) on any east boundary post, the letters “EBP” or “BLE”;
(c) on any south boundary post, the letters “SBP” or “BLS”; and
(d) on any west boundary post, the letters “WBP” or “BLO”.
(12) Where a mound of earth or stone is used as a legal post to mark the boundary of a claim, the inscriptions referred to in subsection (11) shall be legibly written on paper or inscribed on durable material and inserted in a waterproof container in the apex of the mound.
(13) On completing the requirements of subsections (2) to (12) there shall be clearly inscribed on the identification tag marked “NE 1” the minute, hour, day, month and year at which such requirements were completed.
(14) When all corner and boundary posts have been placed and inscribed as required by this section and the time of completion is marked on the northeast corner post as required by subsection (13), the claim shall, for the purposes of these Regulations, be deemed to be located.
- SOR/79-234, s. 7;
- SOR/88-9, s. 8.
