Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

1.1 The definitions in this section apply in this Act.

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 Placer Mining Rights

Interpretation

Marginal note:Definitions

• 2 (1) In this Part,

  base line

  ligne de base

  base line of a creek or river means a traverse line following the general direction of the centre bottom lands of the valley of the creek or river, surveyed and established under the direction and with the approval of the Commissioner; (ligne de base)

  claim and mining property

  claim et propriété minière ou terrain minier

  claim means any parcel of land located or granted for placer mining, and mining property includes, besides claims, any ditches or water rights used for mining thereon, and all other things belonging thereto or used in the working thereof for mining purposes; (claim et propriété minière ou terrain minier)

  Commissioner, Commissioner in Council and Council

  commissaire, commissaire en conseil ou Conseil

  Commissioner, Commissioner in Council and Council have the same meaning as in the Yukon Act; (commissaire, commissaire en conseil ou Conseil)

  creek

  ruisseau

  creek means all natural watercourses, whether usually containing water or not, and that portion of any stream below the point where it enters the valley of the parent stream, but does not include streams that have an average width of one hundred and fifty feet; (ruisseau)

  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)

  legal post

  borne légale

  legal post means a stake having a diameter throughout of not less than five inches, standing not less than four feet above the ground and flatted on two sides for at least one foot from the top, each of the sides so flatted measuring at least four inches across the face, and includes any stump or tree cut off and flatted or faced to that height and size; (borne légale)

  mine

  mine

  mine means any natural stratum or bed of earth, soil, gravel or cement that is mined for gold or other precious minerals or stones; (mine)

  mining or placer mining

  exploitation ou exploitation d’un placer

  mining or placer mining includes every mode and method of working whatever whereby earth, soil, gravel or cement may be removed, washed, shifted or refined or otherwise dealt with, for the purpose of obtaining gold or other precious minerals or stones, but does not include the working of rock on the site; (exploitation ou exploitation d’un placer)

  mining inspector

  inspecteur des exploitations minières

  mining inspector means a mining inspector appointed under this Part and acting within the limits of his jurisdiction; (inspecteur des exploitations minières)

  mining recorder

  registraire minier

  mining recorder means a mining recorder appointed under this Part and acting within the limits of his jurisdiction. (registraire minier)

  Minister

  Minister[Repealed, 1996, c. 27, s. 12]

  Territory

  Territory[Repealed, 1996, c. 27, s. 12]

• Marginal note:Right of Commissioner to construct roads

  (2) Nothing contained in this Part shall be construed as limiting the right of the Commissioner, from time to time, to lay out public roads across, through, along or under any ditch, water privilege or claim, without compensation.

• Marginal note:Application of Part to hydraulic mining lands

  (3) Notwithstanding anything in this Part, this Part does not apply to any lands demised or leased for hydraulic mining purposes by any lease granted before August 1, 1906 that has been cancelled before that day or that is thereafter cancelled by direction of the Minister or under an order of the Governor in Council, until those lands have been brought under this Part by order of the Governor in Council.

• Marginal note:Regulations respecting dredging leases

  (4) Nothing in this Part prevents the enactment by the Governor in Council of regulations under which dredging leases may be issued for the whole bed of any river in the Territory.

• Marginal note:Part I is subject to Part II

  (5) 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.

Marginal note:Mining officials

3 Mining recorders, mining inspectors, deputy mining recorders and deputy mining inspectors shall be appointed, in the manner authorized by law, for the purpose of carrying out this Part.

Marginal note:Mining districts

4 The Commissioner may, by proclamation published in the Yukon Gazette, divide the Territory into districts to be known as mining districts, and may, as occasion requires, change the boundaries of those districts.

Marginal note:Jurisdiction of Commissioner

5 The Commissioner possesses all the powers and authority of a mining recorder and mining inspector.

Marginal note:Mining recorder

6 A mining recorder shall be appointed in each mining district, and within that district the mining recorder possesses all the powers and authority of a mining inspector.

Marginal note:Books kept by mining recorder

• 7 (1) Every mining recorder shall keep the following books to be used for placer mining entries:

  • (a) record of applications,

  • (b) record of refused applications,

  • (c) record book,

  • (d) record of abandonments, and

  • (e) record of documents received,

  and the mining recorder shall record all documents relating to mining property that are brought to him for record and file all documents relating to claims that are brought to him to be filed.

• Marginal note:Filing of caveat

  (2) Where a caveat is filed against any claim, the caveat lapses unless before the expiration of one month from the receipt thereof by a mining recorder proper proceedings in a court of competent jurisdiction have been taken to establish the caveator’s title to the interests specified in the caveat.

• Marginal note:Caveat

  (3) A caveat is any instrument claiming any interest whatever in the claim with reference to which it is filed, but does not include any instrument creating any sale, mortgage or other disposition of the property.

Marginal note:Date of entry

8 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

9 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:Certified copies as evidence

10 Every copy of, or extract from, any entry in any of the books of record, or of any document, filed in the office of a mining recorder, certified by the mining recorder to be a true copy or extract, shall be admitted in any court as evidence of the matters contained therein.

Marginal note:Fees

11 Before issuing any grant, making any entry in any book of record or filing any document, or making any copy or extract therefrom, a mining recorder shall collect the fees payable in respect thereof, as set out in Schedule II.

Marginal note:Money deposits

12 A mining recorder shall receive all deposits of money directed by this Part to be made with him.

Marginal note:Monthly statement

13 A statement of the grants issued and fees collected by a mining recorder shall be rendered to the Commissioner 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:Jurisdiction of mining inspector

14 A mining inspector has jurisdiction within such mining districts as the Commissioner directs.

Marginal note:Summary powers of inspector

• 15 (1) A mining inspector may summarily order any mining works to be so carried on as not to interfere with, or endanger the safety of, the public, any employees of the mining works, any public work or highway or any mining property, mineral claim, bed-rock drain or bed-rock flume, and any abandoned works may, by his order, be either filled up or guarded to his satisfaction.

• Marginal note:Appeal to Commissioner

  (2) Any person affected by an order of a mining inspector under this section may, within ten days, appeal therefrom to the Commissioner.

Marginal note:Examination of claims

16 The Commissioner, mining recorder or mining inspector, or the deputy of any such officer, or any judge of the Supreme Court of the Territory, or any one deputed by any of them, may enter into or on and examine any claim or mine.

Right to Acquire Claims

Marginal note:Who may locate claims

• 17 (1) Subject to this Act, any individual eighteen years of age or over, on his own behalf, on behalf of any corporation authorized to carry on business in the Territory or on behalf of any other individual eighteen years of age or over, may enter for mining purposes, locate, prospect and mine for gold and other precious minerals or stones on any lands in the Territory.

• Marginal note:Restrictions on locating claims

  (2) Subsection (1) does not apply to lands

  • (a) to which the Canada National Parks Act applies;

  • (b) used as a cemetery or burial ground;

  • (c) lawfully occupied for placer mining purposes;

  • (d) set apart and appropriated by the Governor in Council for any purpose described in paragraph 23(d) of the Territorial Lands Act;

  • (e) entry on which for the purpose of locating a claim or prospecting for gold or other precious minerals or stones is prohibited by an order under section 98, except on the terms and conditions, if any, set out in the order;

  • (f) under the administration of the Minister of National Defence, unless the consent of that Minister has been obtained in writing;

  • (g) within the boundaries of a city, town or village as defined by any ordinance of the Commissioner in Council, unless under regulations made by the Governor in Council; or

  • (h) occupied by a building or within the curtilage of a dwelling-house.

Marginal note:Security for damages

• 18 (1) No person shall enter on for mining purposes or shall mine on lands owned or lawfully occupied by another person until adequate security is 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

18.1 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, Form, etc., of Claims

Marginal note:Nature and size of claims

• 19 (1) A claim on a creek shall not exceed five hundred feet in length, measured along the base line of the creek, established or to be established by a Government survey, as provided in this Part.

• Marginal note:Side boundaries

  (2) The side boundaries of a claim shall be lines on either side of the base line, parallel thereto and one thousand feet distant therefrom.

• Marginal note:End boundaries

  (3) The end boundaries of a claim shall be lines drawn at each end of the claim, at right angles to the base line, and extending not more than one thousand feet on either side thereof.

• Marginal note:If base line not established

  (4) In the event that the base line of a claim is not established, the claim may be staked along the general direction of the valley of the creek but, in that case, shall conform to the boundaries that the base line, when established, defines.

Marginal note:Claims elsewhere than on a creek

20 A claim situated elsewhere than on a creek shall not exceed five hundred feet in length, parallel to the base line of the creek toward which it fronts, by one thousand feet.

Marginal note:Claims fronting on a creek

21 A claim fronting on a creek or river shall be staked as nearly as possible parallel to the general direction of the valley of the creek or river and shall conform to the boundaries that the base line, when established, defines.

Marginal note:How measured

22 Claims shall be measured horizontally, irrespective of inequalities on the surface of the ground.

Marginal note:Form of claims

• 23 (1) Every claim on a creek shall be as nearly as possible rectangular in form and shall be marked by two legal posts firmly fixed in the ground on the base line at each end of the claim.

• Marginal note:Idem

  (2) A claim situated elsewhere than on a creek shall be as nearly as possible rectangular in form and shall be marked by two legal posts firmly fixed in the ground in a line parallel to the base line and on the side nearest the creek or river toward which it fronts.

• Marginal note:Line between posts

  (3) The line between the two legal posts shall be well cut out so that one post may, if the nature of the surface permits, be seen from the other.

• Marginal note:Marking posts

  (4) One of the flatted sides of each legal post shall face the claim, and on each post shall be written on the side facing the claim a legible notice stating the name or number of the claim, or both if possible, its length in feet, the date when staked and the full Christian name and surname of the locator of the claim.

• Marginal note:Numbering of posts

  (5) The legal posts shall be numbered 1 and 2 respectively, and it is not lawful to move them except that post No. 2 may be moved by a Canada Lands Surveyor if the distance between the posts exceeds the length prescribed by this Part, but not otherwise.

• Marginal note:Saving

  (6) Notwithstanding anything contained in this Part, failure on the part of a locator of a claim to comply with any of the provisions of this section shall not be deemed to invalidate the location, if, on the facts, it appears to the satisfaction of a mining recorder that there has been on the part of the locator an honest attempt to comply with this Part, and that the non-observance of the formalities referred to in this section is not of a character calculated to mislead other persons who desire to locate claims in the vicinity.

Marginal note:Size of discovery claims

24 Any person or party of persons who locate the first claim on any creek, hill, bench, bar or plain, or who locate a claim on any creek, hill, bench, bar or plain on which there is no recorded claim, is entitled to a claim or claims respectively of the following size:

• (a) one locator, one claim, fifteen hundred feet in length; and

• (b) a party of two or more locators, two claims, each one thousand two hundred and fifty feet in length, and, for each member of the party beyond two, a claim of the ordinary size only.

Marginal note:Extension of boundaries of claim

25 The boundaries of any claim may, by order of the Commissioner or a mining recorder, on application by the owner thereof, be enlarged to the size of a claim allowed by this Part, if the enlargement will not interfere with any mining property that is owned by any other person or is subject to the terms of an agreement with the Crown.

Locating and Recording

Marginal note:Forms

26 The forms of application for grant, of application for renewal of grant and of grant of a claim are those contained respectively in Forms 1, 2 and 3 of Schedule I.

Marginal note:Time allowed

• 27 (1) An application in duplicate for a grant of a claim shall be filed with the mining recorder for the district in which the claim is situated within ten 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 filing an application under subsection (1).

Marginal note:Part of claim already recorded

28 No grant shall be issued by a mining recorder for a part of a claim that is already recorded.

Marginal note:Location on Sunday

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

Marginal note:When claims one hundred miles from mining recorder’s office

• 30 (1) Where a 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 grants of 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:Notification of applications

• 31 (1) The emergency recorder shall, as soon as possible after his appointment, notify the mining recorder for the district in which the claims are situated of his appointment, and he shall deliver personally or otherwise to that mining recorder the applications and fees received by him in respect of those claims.

• Marginal note:Recorder to issue grants

  (2) Where the emergency recorder has accepted from any person an application made in accordance with this Part and in the form set out in Form 1 of Schedule I and the fee therefor, the mining recorder may issue to that person a grant in Form 3 of Schedule I.

• Marginal note:Date of grant

  (3) The grant mentioned in subsection (2) shall date from the time the emergency recorder accepted the application and fee.

• Marginal note:Failure to notify mining recorder

  (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 issue grants for those claims.

Marginal note:Permits to prospectors

32 Any person, on satisfying a mining recorder that he is about to undertake a bona fide prospecting trip, may, on payment of a fee of two dollars, receive written permission from the mining recorder allowing him to record a claim within his mining district at any time within a period not exceeding six months from the date of his staking the claim.

Marginal note:Claim to be staked by applicant in person

33 No application shall be received for a claim that has not been staked by the applicant in person in the manner specified in this Part, except that if any person files with a mining recorder powers of attorney from not more than two persons, that person may stake subsequent to the filing not more than three claims in the name of each of those persons during any year the power of attorney is in force.

Marginal note:Abandonment and surrender of claim

• 34 (1) A person holding a grant of a claim may, at any time, abandon the claim by giving notice in writing of his intention to do so to a mining recorder and surrendering his grant to the mining recorder.

• Marginal note:Relocation of claim

  (2) No claim that has been abandoned under subsection (1) shall be relocated within thirty days after it is abandoned, or until after notice of the abandonment 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 notices have been so posted.

• Marginal note:Right to relocate

  (3) Persons holding an interest in a claim at the time of its forfeiture or abandonment do not have the right to relocate the claim, or any part thereof, within one year after the date of its forfeiture or abandonment.

Marginal note:Limitation

35 Any person who records a claim in his own name or who has a claim recorded in his name by power of attorney does not have the right to locate or have located for him another claim within the valley or basin of the same creek or river within sixty days of the date on which the claim was located.

Marginal note:Substitute of mining recorder

36 During the absence of a mining recorder from his office, an application for a claim may be received by any person whom he may appoint to perform his duties in his absence.

Marginal note:Tagging of claims

• 37 (1) As soon as reasonably possible after a grant of a 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 number and letter or letters, if any, of the grant of the claim and, in the event of default, the claim may be cancelled by a mining recorder on the application of anyone who, in the opinion of the mining recorder, has been misled by the absence of the tags.

• Marginal note:Supply of tags

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

Surveys

Marginal note:Survey of claims

• 38 (1) The survey of claims made under instructions issued by direction of the Commissioner to a duly qualified Canada Lands Surveyor named by the Commissioner shall be accepted as defining absolutely the boundaries of the claims surveyed, if the returns of the survey are approved by the Commissioner or an official appointed by the Commissioner for that purpose, and notice of the survey has been published in the Yukon Gazette for twelve successive issues thereof and remains unprotested during that period.

• Marginal note:Notice and plan of survey

  (2) The owner of a claim surveyed pursuant to subsection (1) shall, prior to the first appearance of the advertisement in the Yukon Gazette, cause to be posted in a conspicuous spot on the claim a notice of his intention to advertise the survey of the claim, and also a plan of the survey of the claim prepared by the surveyor.

• Marginal note:Protest of survey

  (3) If, within the time during which the notice referred to in this section is published, the survey is protested, the protest shall be heard and decided on by the Commissioner, and the costs of the hearing are in the discretion of the Commissioner, who may direct that the costs or any portion thereof shall be paid by any party to the proceedings.

• Marginal note:Re-survey when decision varies boundaries

  (4) If a decision is rendered varying the boundaries of the claim from those defined by the advertised survey, the owner of the claim may have the claim re-surveyed and new returns prepared embodying the changes involved by that decision, and the re-survey on being approved by the Commissioner, or the official appointed by the Commissioner for that purpose, may without advertisement be accepted by the Commissioner in lieu of the survey that has been protested.

• Marginal note:Costs

  (5) The expenses in connection with the survey and advertisement of claims shall be defrayed by the owners of the claims, but no fees will be charged by the Government for filing plans or other documents in connection therewith.

• Marginal note:Appeal

  (6) An appeal may be taken at any time within twenty days from the decision of the Commissioner under this section to the Supreme Court of the Territory.

• Marginal note:Rules of procedure

  (7) The procedure in all cases before the Commissioner under this section, and on appeal therefrom, shall be in accordance with rules prepared by the Commissioner.

Marginal note:Surveys

39 The Commissioner on behalf of the Government of Canada may authorize and direct the survey of the base line of any creek or river to be made in accordance with such general instructions as may be issued by the Surveyor General, and the survey is, subject to the provisions of this Part with respect to advertisement and protest, a final determination of the location of the base line.

Title

Marginal note:Grant of located claim

• 40 (1) Any person having duly located a claim may obtain a grant thereof for one or five years by paying to a mining recorder, in advance, the fees prescribed in Schedule II.

• Marginal note:Renewal of grant

  (2) Any person referred to in subsection (1) is, on receiving a grant of a claim, entitled to hold the claim for the period mentioned therein, with the absolute right of renewal from year to year thereafter on payment of the renewal fee prescribed in Schedule II, if that person,

  • (a) during each year of the period, and during each year for which the renewal is granted, does, or causes to be done, work on the claim to the value of two hundred dollars, in accordance with a schedule to be prepared by the Commissioner; and

  • (b) files, within fourteen days after the date of the expiration of the period or renewal thereof, with the mining recorder or his agent an affidavit made by him or his agent, stating that the work has been done and setting out a detailed statement thereof.

• Marginal note:Work done outside of claim

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

• Marginal note:Where more work done than required

  (4) Where more work is performed by or on behalf of the recorded owner of a claim than is required by this Part to be performed during any year, the excess work up to a value of eight hundred dollars, on proof that it has been performed in accordance with this Part, shall be applied by the 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 was performed or within fourteen days of the expiration of that year.

Marginal note:Forfeiture of claim

• 41 (1) In the event that the work referred to in section 40 is not done as provided in that section, the title of the owner to the claim thereupon becomes absolutely forfeited, the claim is forthwith open for relocation without any declaration of cancellation or forfeiture on the part of the Crown and the claim shall not be reserved from entry and relocation during the fourteen days of grace mentioned in that section.

• Marginal note:Existing rights

  (2) This section does not affect any rights granted by the terms of any existing agreement with the Crown.

• Marginal note:Moratorium on annual representation work

  (3) If the mining recorder is satisfied, on written application filed with the mining recorder by an owner of a claim, that the owner will be or has been unable to do the work referred to in section 40 as provided in that section, 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 that work as may be necessary under the circumstances, subject to subsection (5).

• Marginal note:Moratorium on annual representation work

  (4) If the Minister is satisfied, on written application filed with the mining recorder by an owner of a claim, that the owner will be or has been unable to do the work referred to in section 40 as provided in that section, owing to any circumstance beyond the owner’s control, other than a restriction or requirement referred to in subsection (3), the Minister may grant such relief with respect to that work as may be necessary under the circumstances, subject to subsection (5).

• Marginal note:Limitation

  (5) Relief granted under subsection (3) or (4) 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:When owner does not renew

• 42 (1) Where the owner of a claim has done the required work thereon but has failed to renew his grant thereof, a mining recorder may issue a grant to any person relocating the claim.

• Marginal note:Owner may renew

  (2) The owner of a claim may, within six months after the date on which his grant became due for renewal, apply for a renewal grant and for the cancellation of any grant so issued, and the latter grant shall be cancelled or, in the event that a grant has not been issued for the claim, any pending application for the claim shall be refused if it is proved to the satisfaction of a mining recorder that the required work was done by the owner, and on the owner paying the expenses to which the relocator may have been put in locating and applying for the claim and, in the event that a grant has been issued therefor, paying also all the expenses to which the relocator may have been put in obtaining the grant, and also compensation for any work that he has performed thereon in good faith.

• Marginal note:Renewal fees

  (3) Where the owner of a claim fails to renew his grant within the time provided by this Part, the renewal fee, if paid within three months after the date of expiration, is thirty dollars, and after three months and within six months from the date of expiration is forty-five dollars.

Marginal note:Contest of title

• 43 (1) No title shall be contested by any person who does not claim an adverse right except by leave of the Commissioner, and on that leave being given it is not necessary to have any other authority on behalf of the Crown.

• Marginal note:First right to locate

  (2) In the event that a claim reverts to the Crown as a consequence of litigation undertaken pursuant to the leave given under subsection (1), the plaintiff has the first right to locate the claim.

Marginal note:Proportionate contribution

44 Where two or more persons are co-owners in a claim, each person shall contribute, proportionately to his interest, to the work required to be done thereon and to the payment of renewal fees, and if it is proved to a mining recorder, after 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 may, by order of the mining recorder, become vested in the other co-owners who have performed the work and paid the fees in proportion to their respective interests.

Marginal note:When claim disposed of

• 45 (1) The owner of a claim may sell, mortgage or dispose of it if the instrument showing the disposal is deposited in duplicate with a mining recorder.

• Marginal note:Registration

  (2) The mining recorder shall, on the deposit of the instrument referred to in subsection (1), register the instrument and return to the assignee one of the duplicates with a certificate endorsed thereon that the instrument has been recorded in his office, and retain the other.

Marginal note:Agreements affecting title

46 No agreement affecting the title to any claim, or to any interest therein, is enforceable against any person without notice, unless the agreement or a memorandum thereof is in writing, duly signed, and is recorded in the office of the mining recorder.

Marginal note:Right of grantee

• 47 (1) Every person who receives a grant of a claim, or the permission to record a claim within the period not exceeding six months authorized by this Part,

  • (a) may, during the continuance of his grant or permission, fish and shoot for his own use, subject to the provisions of any law for the protection of fish and game,

  • (b) may cut timber, not otherwise acquired, for his own use and for any purpose incidental and necessary to the operation of his claim,

  • (c) has the exclusive right to enter on his claim for the miner-like working thereof and the construction and maintenance of structures, including a residence, that are required for the miner-like working thereof, and

  • (d) is entitled exclusively to all the proceeds realized therefrom, on which, however, the royalty prescribed by this Part is payable,

  but the mining recorder may grant to the holders of other claims such rights of entry thereon as may be absolutely necessary for the working of their claims, on such terms as to him seem reasonable, and may also grant permits to other claim owners to cut timber thereon for their own use.

• Marginal note:Powers when moving dredge

  (2) The Commissioner may, on application, grant any person operating a dredge permission to take the dredge through a mining claim owned by any other person to adjoining property that he may desire to work with the same dredge, and for that purpose may grant the right to thaw, disturb or remove such portion of the claim as in the opinion of the Commissioner is necessary for such operation.

• Marginal note:Deposit

  (3) Before a permission is granted under subsection (2), the applicant shall deposit with the Commissioner a sufficient sum of money to secure payment to the owner of the claim for all damage that may be caused by the passage of the dredge through the claim, and all damage caused by the passage through the claim shall be assessed by the Commissioner and, from the moneys deposited with the Commissioner by the applicant, the damage as assessed shall be paid and the balance, if any, refunded.

• Marginal note:Pay gravels removed

  (4) Where, in the operation necessary for the passage of the dredge referred to in subsection (2), any pay gravels are removed, the gold that may be contained therein shall be recovered by the operator of the dredge, and all such gold is the property of the owner of the claim.

• Marginal note:Appeal

  (5) An appeal from an assessment of damage under this section may be taken at any time within ten days from the decision of the Commissioner to the Supreme Court of the Territory with respect to the amount of the assessment.

Marginal note:Rights of owner

48 No rights of any person owning or applying for a claim shall suffer from any acts of omission or commission, or delays, on the part of any official appointed under this Part.

Marginal note:When evidence of location lost

49 Whenever, through the acts or defaults of any person other than the recorded owner of a claim or his duly authorized agent, the evidence of the location or record on the ground or the situation of the claim has been destroyed, lost or effaced, or is difficult of ascertainment, effect shall be given to the location as far as possible, and the Commissioner may make all necessary inquiries, directions and references for the purpose of carrying out the object of the location and vesting title in that owner.

Marginal note:Claims of service personnel

50 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.

Grouping

Marginal note:Owners of adjoining claims

• 51 (1) Adjoining claims, not exceeding ten in number, may be grouped together for the performance of work by the owner or owners thereof on filing with a mining recorder a notice of intention to group the claims and obtaining a grouping certificate in Form 7 of Schedule I.

• Marginal note:Grouping certificate

  (2) Adjoining claims exceeding ten in number and any number of claims some of which do not adjoin may with the approval of the Commissioner be grouped together for the performance of work by the owner or owners thereof if the owner or owners show to the satisfaction of the Commissioner that the claims are to be operated by a system of mining that has a direct bearing on all other claims affected and renders a considerable area necessary to successful operation by the system proposed, and the Commissioner may, in those cases, issue a grouping certificate in Form 7 of Schedule I.

• Marginal note:Work on one or more claims in a group

  (3) The holder or holders of a grouping certificate in Form 7 of Schedule I may perform on any one or more of the claims, in respect of which the grouping 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 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:Cancelling grouping certificate

  (4) Any grouping certificate issued by the Commissioner may be cancelled by the Commissioner on the expiration of sixty days from the mailing of a notice by registered mail to the owners of the claims in the group, if it appears from the report of a mining inspector or otherwise that the system of mining contemplated when the grouping certificate was issued is not being installed or operated with reasonable diligence.

Marginal note:Renewing of grouped claims

• 52 (1) Grants of claims in respect of which a grouping certificate has been issued, and grants of any claims within a mining district, owned by one person, may, on application by the owners thereof, be made renewable by a mining recorder on the same date.

• Marginal note:Renewal for part of year

  (2) In granting the privilege allowed under this section, the mining recorder shall charge the applicant two dollars and fifty cents for every three months or portion thereof for each claim during that portion of the year it is necessary to renew it to make all the claims renewable on the same day, and the representation work required for the fractional portion of the year for which each claim is renewed shall be allowed at the rate of fifty dollars for each three months or fraction thereof, and the representation work shall be performed and recorded on or before the date from which all the claims are first made renewable.

Water Rights

Marginal note:Rights of claim owner to water

53 Every person who owns a claim is entitled to the seepage water on his claim and to the use of so much of the water naturally flowing through or past his claim, and not already lawfully appropriated, as, in the opinion of a mining inspector, is necessary for the due working thereof, and he is entitled to drain his own claim free of charge.

Marginal note:Grant of right to divert or use water

• 54 (1) A mining recorder may, with the approval of the Commissioner, on application being made as mentioned in this Part, grant to any person or persons for any mining purpose or any purpose incidental thereto, for any term not exceeding five years, or in special cases for such longer term as may be determined, the right to divert or take, and use or sell, the water from any stream or lake, at any particular part thereof, and the right-of-way through and entry on any mining property for the purpose of constructing and repairing ditches and flumes to convey that water.

• Marginal note:Security

  (2) Before entering on or constructing or repairing works on the mining property of any other person, the applicant shall give adequate security, by bond or otherwise, to the satisfaction of the mining recorder to secure payment to the owner of the mining property of all damage caused by the entry, construction or repair.

Marginal note:Notice of intention to apply for water grants

• 55 (1) Every applicant for a water grant shall post for twenty days prior to the making of the application a notice in writing of his intention to apply to a mining recorder for that grant

  • (a) at the point of the proposed diversion or taking of the water,

  • (b) on the claim on which the water is intended to be used,

  • (c) on each claim or person’s land to be crossed by the water in the course of transit to the place of the user, and

  • (d) in the office of the mining recorder,

  and shall forward a copy of the notice to the Commissioner.

• Marginal note:Particulars

  (2) The notice referred to in subsection (1) shall state

  • (a) the name of the applicant;

  • (b) the name or, if unnamed, a sufficient description, of the stream, lake or other source from which water is intended to be diverted or taken;

  • (c) the point of diversion or taking of the water or intended ditch-head, and the point where the water is to be returned to the source;

  • (d) the means by which it is intended to divert, take or store the water;

  • (e) the number of inches of water to be applied for;

  • (f) the purposes for which the water is required, stated with reasonable particularity;

  • (g) the claim on which the water is to be used or, if the right to sell water is asked, the locality within which the right is to be exercised; and

  • (h) the date of the posting of the notice and the date on which application will be made to the mining recorder for the granting of the record.

Marginal note:Application for water grant

56 On the day mentioned in the notice of application referred to in section 55 or on a subsequent day and at a time to be fixed by the mining recorder, as the case may be, application shall be made by or on behalf of the applicant, either by attendance in person or by agent, or in writing, for a grant in accordance with the terms of the notice.

Marginal note:Adjudication of mining recorder

57 The mining recorder shall, on the day and at the time referred to in section 56, proceed to adjudicate on the application, and may, with the approval of the Commissioner, on proof to his satisfaction of the posting of the notice in the manner described in section 55, of the ability of the applicant to construct the necessary works, of the right of the applicant to apply for a record under the provisions of this Part or any of them and of the volume of unrecorded water available for diversion having regard to existing rights and records, whether held by land owners or mine owners, and to pending applications, which facts shall be reported on by the Government mining engineer or mining recorder, issue to the applicant a grant, in Form 4 of Schedule I, of such amount of water and for such purposes as, in the discretion of the mining recorder, are reasonably required by the applicant for the purposes specified in his notice of application.

Marginal note:Powers of mining recorder

58 A mining recorder may adjourn the adjudication of an application for a water grant from time to time as circumstances render expedient, and may take evidence by statutory declaration, summon and examine witnesses on oath and hear all parties whose rights are or may be affected by the application.

Marginal note:Waste or excess

• 59 (1) Every holder of a water grant shall take all reasonable means for utilizing the water granted to him, and if he wilfully wastes any water or takes a quantity of water in excess of his actual requirements, or has worked out or abandoned the claim or claims with respect to which the water grant was issued, a mining inspector may, on notice, cancel or reduce the grant or impose such conditions as he thinks proper.

• Marginal note:Appeal to Commissioner

  (2) An appeal may be taken, at any time within ten days from any action of the mining inspector under subsection (1), to the Commissioner.

Marginal note:Rights saved

60 Every grant of water on an occupied creek is subject to the rights of such owners of claims as shall, at the time of the grant, be working on the stream above or below the ditch-head, and of any other persons lawfully using the water for any purpose whatever.

Marginal note:Water rights of owners of claims

• 61 (1) If, after a water grant has been made, any person or persons locate and work in good faith any claim or claims below the ditch-head on any stream that has been diverted, they are collectively entitled to the continuous flow in the stream of the water passing the claim or claims to the following extent:

  • (a) if three hundred inches or less are diverted, they are entitled to not more than forty inches, and

  • (b) if over three hundred are diverted, they are entitled to not more than sixty inches,

  except, in either case, on paying to the owner of the ditch and all other persons interested therein compensation equal to the amount of damage sustained by the continuous flow of such extra quantity of water as is desired, and in computing that damage the loss sustained by the owners of those claims using water from the ditch, and all other reasonable losses, shall be considered.

• Marginal note:Approval and appeal

  (2) The right to the continuous flow and to the extra quantity of water referred to in subsection (1) is subject in all cases to the approval in writing of the Government mining engineer or mining recorder, subject to appeal to the Commissioner within twenty days from the date of the decision rendered.

Marginal note:Distribution of water

62 The holder of a water grant with the privilege of selling water may distribute the water to such persons and on such terms as he deems advisable, within the limits mentioned in his grant, but the price charged for the water is subject to the control of the Commissioner, and the water shall be supplied to all owners of claims who make application therefor in a fair proportion and according to priority of application.

Marginal note:Rules for measurement of water

63 In measuring water in any ditch or sluice, the following rules shall be observed:

• (a) the water taken into a ditch or sluice shall be measured at the ditch or sluice head;

• (b) no water shall be taken into a ditch or sluice except in a trough placed horizontally at the place at which the water enters it;

• (c) one inch of water means one-half the quantity of water that will pass through an orifice two inches high by one inch wide with a constant head of seven inches above the upper side of the orifice; and

• (d) a sluice head shall consist of fifty inches of water.

Marginal note:Construction of culverts

64 The owner of any ditch, water privilege or claim shall, at his own expense, construct, secure and maintain all culverts necessary for the passage of waste and superfluous water flowing through or over the ditch, water privilege or claim.

Marginal note:Duty of owner

65 The owner of any ditch or water privilege shall construct and secure it in a proper and substantial manner and maintain it in good repair, to the satisfaction of a mining recorder, and so that no damage shall occur to any road or work in its vicinity from any part of the works of the ditch or water privilege.

Marginal note:Liability of owners

• 66 (1) The owner of any ditch or water privilege is liable for, and shall make good in such manner as a mining recorder determines, all damages that may be occasioned by or through any part of the works of the ditch or water privilege breaking or being imperfect.

• Marginal note:Appeal

  (2) An appeal from the determination of a mining recorder under this section may be taken at any time within ten days to the Commissioner.

Marginal note:Transfer includes water privileges

67 Every grant of water obtained by the owner of a claim shall be deemed appurtenant to the claim in respect of which the grant is obtained, and all assignments, transfers or conveyances permitted by law of any claim shall be construed to have conveyed and transferred, and to convey and transfer, any and all recorded water privileges appurtenant to the claim assigned, transferred or conveyed.

Marginal note:Ground for reservoirs

68 The Commissioner may, on approval by him of an application for permission to impound the surplus waters of any creek or gulch, withdraw from mining entry any vacant ground required as a reservoir site or for any other purpose in connection with the storage of water, but only ground that has been thoroughly prospected and found to be worthless for placer mining purposes, or ground that has been worked out and abandoned, may be so withdrawn.

Marginal note:Application of sections 53 to 68

69 Sections 53 to 68 cease 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.

Drainage

Marginal note:Grant of right to run drains

70 A mining recorder may grant permission to run a drain or tunnel for drainage purposes through any occupied or unoccupied lands, whether mineral or not, and may give exclusive rights-of-way through and entry on any mining ground for any term not exceeding five years for the purpose of constructing and maintaining drains for the drainage thereof.

Marginal note:Compensation

71 Every person granted permission to run a drain or tunnel shall pay, before construction of the drain or tunnel commences, monetary compensation to the owner of the land or of any claim entered on by that person for any damage they may sustain by the construction of the drain or tunnel, and the compensation, if not agreed on, shall be settled by

• (a) in the case of a dispute with the owner of the land, the Yukon Surface Rights Board in accordance with the Yukon Surface Rights Board Act; and

• (b) in the case of a dispute with the owner of a claim, the board of arbitration referred to in section 76.

Marginal note:Property of constructor

72 The drain or tunnel referred to in section 70, when constructed, shall be deemed to be the property of the person who constructed it.

Marginal note:Application

• 73 (1) Every application for a grant of permission to construct a drain or tunnel shall state the names of the applicants, the nature and extent of the proposed drain or tunnel, the amount of toll, if any, to be charged and the privileges sought to be acquired, and shall, except where the drain or tunnel is intended only for the drainage of the claim of the person constructing it, be accompanied by a deposit of twenty-five dollars, which shall be refunded if the application is refused, but not otherwise.

• Marginal note:Notice

  (2) Ten full days notice shall be given of any application for a grant under subsection (1) to be made in June, July, August, September or October, and one month’s notice of an application to be made in any other month, by affixing the notice to a post planted in a conspicuous part of the ground and by affixing a copy thereof conspicuously on the inner walls of the office of the mining recorder.

• Marginal note:Marking out ground

  (3) Prior to the application for a grant under subsection (1), the ground included therein shall be marked out to the satisfaction of the mining recorder.

• Marginal note:Protest of application

  (4) Any person may, within the times prescribed for the notice of an application for a grant under subsection (1) but not afterwards, protest before the Commissioner against the application being granted.

Marginal note:Form of grant

• 74 (1) The grant of the right-of-way to construct drains and tunnels shall be in Form 5 of Schedule I.

• Marginal note:Registration

  (2) The grant referred to in subsection (1) shall be registered by the grantee in the office of the mining recorder, to whom the grantee shall at the time pay a fee of five dollars, or, if the grant gives power to collect tolls, a fee of forty dollars.

• Marginal note:Rent

  (3) An annual rent of ten dollars shall be paid, in advance, by the grantee referred to in this section for each quarter of a mile of right-of-way legally held by him, except where the drain is for the purpose of draining only the claim of the person constructing it.

Disputes

Marginal note:Title

75 In case of any dispute respecting the location of a claim, the title to the claim shall depend on priority of the location, subject to any question respecting the validity of the record itself and to the claimant having complied with all the terms and conditions of this Part.

Marginal note:Board of arbitrators

• 76 (1) In the event of any dispute between the owners of claims or lessees of locations with respect to the distribution of water, encroachments or dumping, to the amount of compensation to be paid for any damage caused by any drain or tunnel constructed for drainage purposes under this Part or to any other matter referred to in section 77, the dispute may be heard and determined by a board of arbitrators.

• Marginal note:Appointment of arbitrators

  (2) The Commissioner, on the request of any owner or lessee referred to in subsection (1) for the appointment of a board of arbitrators and on being furnished with a statement of the matter complained of, clearly expressed in writing, shall

  • (a) notify each party to the dispute to appoint an arbitrator, and

  • (b) notify all persons holding any interest in the claim or property of the proposed arbitration proceedings,

  and where any person who was notified to appoint refuses or neglects to appoint an arbitrator within thirty days after the date of the notification, the Commissioner, on being requested to do so by the arbitrator or arbitrators appointed, or by any interested owner or lessee, shall appoint the arbitrator or arbitrators.

• Marginal note:Additional arbitrators

  (3) In the event that the total number of arbitrators appointed under subsection (2) is an even number, an additional arbitrator shall be appointed by those arbitrators.

• Marginal note:When Commissioner to appoint additional arbitrator

  (4) In the event that the total number of arbitrators appointed under subsection (2) is an even number and the arbitrators are unable to agree on the additional arbitrator or fail to do so within five days from the date on which the last arbitrator was appointed, the Commissioner, on being requested to do so by the arbitrators already appointed or by any interested owner or lessee, shall appoint the additional arbitrator.

• Marginal note:Costs of arbitration

  (5) The arbitrators are entitled to be paid a per diem allowance of ten dollars, together with necessary travel and living expenses, while actually engaged in an arbitration, and the costs of the arbitration, including the cost of any examination of the property that may be found necessary, shall be borne by the owners or lessees who are parties to the dispute and in the proportion set out in the award of the arbitrators.

• Marginal note:Rules of procedure

  (6) The procedure in all cases before a board of arbitrators under this Part shall be in accordance with rules prepared by the Commissioner.

Marginal note:Damages by dumping, etc.

• 77 (1) Except as provided in this Part, no person mining on any claim shall cause damage or injury to the holder of any 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.

• Marginal note:When owner of claim may deposit leavings, etc., on adjacent claim

  (2) If the owner of a claim wishes to deposit the leavings, deads, waste or tailings therefrom on any adjacent claim or on any other adjacent mining property, whether the claim or mining property was acquired under this Part or any other Act, order in council or regulation governing mining in the Territory, which claim or mining property is of not less than five years standing, or if the owner wishes to cause or allow water that may be pumped or bailed or that may flow from his own claim to flow into or on the other claim or mining property, he may give one month’s notice of that wish in writing to the owner or lessee of that adjacent claim or mining property.

• Marginal note:Where no agreement reached

  (3) If, at the expiration of the month referred to in subsection (2), the owner giving the notice and the owner or lessee of the adjacent claim or mining property has not been able to arrive at an agreement respecting the price to be paid for the dumping ground or for damages caused by the flow of water, the owner giving notice may apply to the Commissioner to have the value and size of the dumping ground and the amount of the damages determined by the board of arbitrators, and the board has power to permit so much of the adjacent claim or mining property to be used for dumping and at such a price as the board of arbitrators deems just.

Marginal note:Judgment of the board

• 78 (1) The judgment of the board of arbitrators shall be in writing and shall be filed in the office of the mining recorder.

• Marginal note:Appeal

  (2) Any judgment of the board of arbitrators is final as to facts, but may be appealed from to the Supreme Court of the Territory on any question of law.

Marginal note:Costs of inquiry

79 The board of arbitrators may award such costs of and incidental to an inquiry as it deems just.

Marginal note:Affidavits and declarations

80 Affidavits and declarations required by this Act may be made before the Commissioner or any mining recorder or mining inspector, anywhere within the Territory, or by any person duly authorized to administer an oath or declaration.

80.1 [Repealed, 1996, c. 27, s. 16]

Administration of Estates

Marginal note:Death or insanity of owner

81 Where the owner of a claim or of any interest in a claim dies or is adjudged to be insane, the provisions of this Part respecting forfeiture for non-performance of work, payment of fees and renewal 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 be shown to have been insane.

Marginal note:Powers of Commissioner over property

• 82 (1) The Commissioner may, by order, limit the period during which all or any interest in any mining 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 and on which renewal grants for the property shall be issued on payment of the prescribed fee.

• Marginal note:When property forfeited

  (2) On failure to renew the grants referred to in subsection (1), the title of the owner of the property shall thereupon become absolutely forfeited and

  • (a) where the estate of the deceased person is the sole owner of the claim, the claim shall forthwith be open for relocation without any declaration of cancellation or forfeiture on the part of the Crown; and

  • (b) where the estate is a co-owner in the claim, the interest of the estate thereupon becomes vested in the other co-owners in proportion to their respective interests.

• Marginal note:Extending period of exemption

  (3) The Commissioner may, by order, from time to time, extend the period of the exemption referred to in subsection (1) 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

  (4) Where there is no legal representative of the estate of any deceased or insane person, the Commissioner may cause the public administrator of the Territory to take possession of the estate and administer it, subject to the provisions of any ordinance respecting the administration of the estates of deceased or insane persons in the Territory.

• Marginal note:Co-owner’s interest

  (5) No exemption of the interest of a deceased or insane owner in any 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 renewal fees.

• Marginal note:Effect of failure

  (6) Where the estate of a deceased or insane person owns an interest in a claim and all the living co-owners have, during the period of the exemption referred to in this section, failed to perform the required work or to pay renewal fees, the interests of those co-owners may, on that failure being proved to the satisfaction of the Commissioner, after notice of hearing has been served on all parties interested in the manner directed by the Commissioner, be vested in the estate by order of the Commissioner.

Marginal note:Charges and expenses

83 All charges and expenses that may be incurred by the Commissioner or the public administrator, or by any person acting under the instructions of either of them, in or about the working of a mining property, or in taking or keeping possession thereof, are and remain a first charge against that property until paid to the Commissioner or public administrator, as the case may be.

Marginal note:Assignee to apply for grant within two months

• 84 (1) Any person who receives from the public administrator, or other legal representative of the estate of a deceased or insane person, an assignment or transfer of a claim or interest in a claim that has been exempted from the provisions of this Part with respect to performance of work and payment of renewal fees by reason of the death or insanity of the owner thereof shall apply to a mining recorder and pay the prescribed fee for a grant thereof within two months from the date of the assignment or transfer.

• Marginal note:When right ceases

  (2) Where a grant is not applied for and the recording fee paid within the two months specified in subsection (1), the provisions exempting the claim or interest cease to apply and the claim or interest shall on the expiration of the two months become absolutely forfeited and open for location.

Taxation and Fees

Marginal note:Royalty

• 85 (1) There shall be levied and collected on all gold shipped from the Territory a royalty at the rate of two and one-half per cent of its value, or at such less rate as may be fixed by the Governor in Council.

• Marginal note:Idem

  (2) Gold on which royalty is payable is gold dust as mined or gold in the form of bars as presented for export.

• Marginal note:How paid and to whom

  (3) The royalty imposed by this section shall be paid in currency to the Controller of the Territory, or to a person authorized by the Controller in that behalf, and the gold for the purpose of estimating that royalty shall be valued at fifteen dollars per ounce.

Marginal note:Offence

• 86 (1) Every person who exports or attempts to export from the Territory any gold with respect to which the royalty imposed by section 85 has not been paid is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three years or to both.

• Marginal note:On conviction gold forfeited to Her Majesty

  (2) Where a person is convicted under subsection (1), the convicting magistrate or justice may in his discretion order the gold in respect of which the conviction is had to be forfeited and thereupon the gold is forfeited to Her Majesty.

• Marginal note:Production of certificate

  (3) Every person about to export gold from the Territory shall on demand produce to any peace officer a certificate from the Controller of the Territory or the person authorized by the Controller under subsection 85(3) certifying that the royalty imposed by section 85 with respect to the gold has been paid and failure to produce the certificate on demand is evidence that the royalty has not been paid.

• Marginal note:Search and seizure

  (4) Where any peace officer believes on reasonable grounds that any person has committed or is about to commit an offence described in subsection (1) or has in his possession or in his belongings any gold in respect of which the royalty imposed by section 85 has not been paid, that peace officer may without warrant search that person and his belongings and any articles believed to be his belongings and may seize any gold found on that person or in his belongings.

• Marginal note:Search of female

  (5) No female shall be searched pursuant to this section except by a suitable woman who is a peace officer or is authorized by the peace officer to make the search.

• Marginal note:Detention of seized gold

  (6) Any gold seized pursuant to subsection (4) may be detained for a period of six months and, if before the expiration of that period any proceedings with respect to the gold are taken under this Part, may be further detained until those proceedings are finally concluded.

• Marginal note:Definition of “peace officer”

  (7) For the purpose of this section, peace officer means a peace officer as defined in section 2 of the Criminal Code.

Marginal note:Fees

87 The fees to be charged in connection with the administration of this Part are those set out in Schedule II.

Marginal note:Moneys collected

88 All fees, fines, royalties or other moneys collected under this Part become part of the Consolidated Revenue Fund.

General

Marginal note:Misrepresentation, removal of legal posts, etc.

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

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

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

  the mining recorder may, in his discretion, order that the person be debarred from the right to obtain a grant or renewal of a grant of a claim for any length of time that the mining recorder deems advisable.

• Marginal note:Notification

  (2) A mining recorder shall forthwith, on making any decision under subsection (1), notify every other mining recorder of the decision.

• Marginal note:Appeal

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

Marginal note:Punishment

90 Any person who wilfully contravenes this Part, or refuses to obey any lawful order of any official, court or board having jurisdiction under this Part in mining disputes, is, on summary conviction before any two justices of the peace or a police magistrate, liable to a fine not exceeding two hundred and fifty dollars or to imprisonment, with or without hard labour, for a term not exceeding three months.

Marginal note:Application of Part

• 91 (1) No person shall be granted or acquire a claim or any right therein, or carry on placer mining in the Territory, except in accordance with this Part.

• Marginal note:Exception respecting prior rights

  (2) This section does not affect any rights

  • (a) that have been acquired under the regulations for the disposal of mining locations in the Territory to be worked by the hydraulic or other mining process, approved by Order in Council dated December 3, 1898 and amendments thereto;

  • (b) that have been or may after August 1, 1906 be acquired under the regulations governing the issue of leases to dredge for minerals in the beds of rivers in the Territory, approved by Order in Council dated January 18, 1898, or under any amendments thereto;

  • (c) that may have been otherwise lawfully granted before August 1, 1906; or

  • (d) that may have been acquired under the authority of a lease to prospect.

Marginal note:Lease to prospect

• 92 (1) The Commissioner may grant a lease to prospect for the purposes of placer mining on lands that are the property of the Crown, or the mining rights of which are available for disposal under this Part, on receipt of an application accompanied by evidence satisfactory to the Commissioner of the applicant’s financial ability and intention to incur the expenditure necessary to thoroughly prospect the area described in the application.

• Marginal note:Location

  (2) The location of the lands in respect of which a lease has been granted under subsection (1) shall be marked in the ground in the manner prescribed by this Part, and application for the lease shall be submitted in Form 6 of Schedule I.

• Marginal note:No other application

  (3) While a lease granted under subsection (1) remains in force, the lessee is not eligible to make application for another lease.

• Marginal note:Term of lease

  (4) The term of a lease granted under subsection (1) shall be one year, renewable for two additional periods of one year each, if the lessee on or before the termination of the year furnishes the Commissioner with evidence to show that he has incurred the prescribed expenditure in prospecting operations and has otherwise complied with this Part and with the terms and conditions of the lease.

• Marginal note:Moratorium on required expenditure

  (4.1) For the purposes of subsection (4) and sections 94 to 96, subsections 41(3) to (5) apply, with such modifications as the circumstances require, in respect of the prescribed expenditure referred to in subsection (4).

• Marginal note:Rental

  (5) The rental of the lands leased under this section shall be at the rate of twenty-five dollars a mile or fraction of a mile, payable to the Commissioner in advance for each year.

Marginal note:Application for lease of abandoned ground

• 93 (1) If the lands described in an application for a lease under subsection 92(1) comprise abandoned ground, that is to say, if the whole or any portion of the creek or river on which the lands applied for are situated has previously been staked out and recorded under this Act, the regulations that preceded it or the hydraulic mining regulations approved by Order in Council dated December 3, 1898, but the grants of which have been permitted to lapse, or have been cancelled or forfeited, they shall not exceed five miles in length, and

  • (a) in the case of a creek, shall be measured along the base line in the manner prescribed in this Part, the side and end boundaries of the location of the lands being those defined in this Part; and

  • (b) in the case of a river, shall be on one side thereof only and shall extend back from the foot of the natural banks a distance of one thousand feet measured from the base line, the end boundaries being lines drawn at each end of the location at right angles to the base line.

• Marginal note:Size of locations

  (2) Locations of lands other than on a creek or river shall not exceed one thousand feet in width and five miles in length measured along the line parallel to the base line of the creek or river and shall be made only on abandoned ground as defined in subsection (1).

Marginal note:Evidence of expenditure

94 Prior to the termination of each year, the lessee shall furnish evidence satisfactory to the Commissioner, supported by affidavit, that the lessee has incurred during the year an expenditure at the rate of at least one thousand dollars for each mile or fraction of a mile leased to him in prospecting operations by recognized methods on the location itself, or for any purpose that to the Commissioner may seem essential or necessary for the economical development of the lands leased, and if the evidence is not furnished before the termination of the year, or is not satisfactory, the lessee is not entitled to a renewal of the lease.

Marginal note:Lessee may stake out claims

95 Prior to the termination of a lease granted under section 92, the lessee may, if he desires, personally stake out in the manner prescribed in this Part placer mining claims comprising the whole or any portion of the lands leased, and on furnishing the Commissioner with satisfactory evidence to show that he has incurred during the year for which the lease was issued the expenditure already provided for in the development of the leasehold, he may submit an application in Form 1 of Schedule I and obtain a grant in his own name for each of the claims so staked and applied for, in which case the unrecorded portion of the location immediately reverts to the Crown and becomes available for disposal under this Part.

Marginal note:Lease on creek or river not already prospected

• 96 (1) If a creek or river on which an applicant desires to acquire a lease to prospect has not already been prospected, that is to say, if mining claims have not previously been staked, recorded and abandoned along any part of the creek or river, the term of the lease that may be granted shall be for one year only, not subject to renewal, and the lands leased shall not exceed one mile in length, marked out and measured in the manner above prescribed, and subject to all the conditions above set out in so far as they can be made to apply.

• Marginal note:Evidence of expenditure

  (2) Prior to the termination of the year referred to in subsection (1), the lessee of the lands may, if he desires, stake out within the limits of the lands leased a claim not exceeding in size a discovery claim and, on furnishing evidence satisfactory to the Commissioner to show that he has incurred during the year for which the lease was issued the expenditure already provided for in the development of the leasehold, he may submit application and obtain a grant for the claim so staked and applied for, in which case the unrecorded portion of the location immediately reverts to the Crown and becomes available for disposal under this Part, and only one discovery claim shall be allowed on the creek or river referred to in that subsection.

Marginal note:Fees

• 97 (1) The fee for the issue of a lease, or for the renewal thereof, is twenty-five dollars for each mile or fraction of a mile described in the lease, payable in advance to the mining recorder for the district or to the Commissioner.

• Marginal note:Transfers

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

Marginal note:Order prohibiting entry

• 98 (1) 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 for gold or other precious minerals or stones except on such terms and conditions as the Governor in Council may prescribe.

• Marginal note:Contents of order

  (2) An order under subsection (1) 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 for gold or other precious minerals or stones is permitted.

PART IILand Use and Reclamation

Interpretation

Marginal note:Definitions

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

  Chief

  directeur

  Chief means the Chief of Placer Land Use designated under subsection 111(1). (directeur)

  Class II Notification

  avis de type II

  Class II Notification means a written notice of a planned Class II placer land use operation, given to the Chief under paragraph 102(2)(a) or 103(1)(a). (avis de type II)

  inspector

  inspecteur

  inspector means an inspector designated under subsection 111(1). (inspecteur)

  operating plan

  plan d’exploitation

  operating plan means an operating plan required by subsection 102(3) or (4). (plan d’exploitation)

  operator

  exploitant

  operator means a person who engages in a placer land use operation. (exploitant)

  placer land use operation

  activités minières

  placer land use operation means

  • (a) mining; and

  • (b) any other activity or group of activities undertaken for the sole or principal purpose of mining. (activités minières)

• Marginal note:Application of Part

  (2) This Part, any provision of this Part, the regulations made under section 116, 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 116(a) so provide.

• Marginal note:Categories of lands

  (3) Without limiting the generality of paragraph 116(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 or an approved operating plan 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

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

Placer Land Use Operations

Marginal note:Classes of placer land use operations

101 For the purposes of this Part, there are Class I placer land use operations, Class II placer land use operations, Class III placer land use operations and Class IV placer land use operations, in accordance with the criteria prescribed by the regulations made under paragraph 116(c).

Marginal note:Class I

• 102 (1) No person shall engage in a Class I placer land use operation except in accordance with the operating conditions prescribed under paragraph 116(b).

• Marginal note:Class II

  (2) No person shall engage in a Class II placer land use operation except

  • (a) after giving a Class II Notification to the Chief in accordance with the regulations made under paragraph 116(d);

  • (b) subject to section 103 and the regulations made under paragraph 116(e); and

  • (c) subject to any contrary provision in the Class II Notification, in accordance with the operating conditions prescribed under paragraph 116(b).

• Marginal note:Class III

  (3) No person shall engage in a Class III placer land use operation except

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

  • (b) subject to any contrary provision in the operating plan, in accordance with the operating conditions prescribed under paragraph 116(b);

  • (c) after notifying the public of the planned placer land use operation, if so required by the Chief, 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:Class IV

  (4) No person shall engage in a Class IV placer land use operation 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 116(b);

  • (c) after notifying the public of the planned placer land use operation, 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 (3)(c) and (d) and (4)(c) and (d), the Chief shall act in accordance with any regulations made under paragraph 116(h).

Marginal note:Class II — Chief’s powers

• 103 (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 116(e), the person would be entitled to commence to engage in the Class II placer land use operation, the Chief may

  • (a) if of the opinion that the operation as described in the Class II Notification would not result in the mitigation of any adverse environmental effect of the operation, notify the person that the operation may not commence until the Chief is satisfied, from an amended Class II Notification, that the operation 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 operation, notify the person that the operation will be treated, for the purposes of this Part, as if it were a Class III or Class IV placer land use operation.

• 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 116(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 operation in question until the Chief is satisfied, from an amended Class II Notification, that the operation 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 102(3) or (4), as the case may be, applies in respect of the operation in question.

Marginal note:Certificate of Completion

• 104 (1) In the case of a Class II placer land use operation in respect of which security was required, where the Chief is satisfied that the operation 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 placer land use operation, where the Chief is satisfied that the operation 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.

Applications

Marginal note:Form and content of applications

105 An application for

• (a) approval of an operating plan,

• (b) assignment of an approved operating plan, or

• (c) a Certificate of Completion

must be in accordance with the regulations made under paragraph 116(d) and must be accompanied by any applicable fee that is required by virtue of regulations made under paragraph 116(l).

Security

Marginal note:Security may be required

• 106 (1) Where there is a risk of significant adverse environmental effect from a planned Class II, Class III or Class IV placer land use operation, the person giving the Class II Notification, the applicant for approval of an operating plan, the holder of an approved operating plan, or the prospective assignee of an approved operating plan, as the case may be, may be required by the Chief to furnish and maintain security with the Minister, in an amount specified in, or determined in accordance with, the regulations made under paragraph 116(m) 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 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 113(7) or 114(1), subject to subsection (4).

• Marginal note:Limitation

  (4) Subsection (3) applies in respect of costs incurred pursuant to subsection 114(1) only to the extent that the incurring of those costs was based on subparagraph 114(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 has been issued, or

  • (b) an approved operating plan 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 Land Use Operations

Marginal note:Minor amendments to operation

107 Where an operator of a Class II placer land use operation requests an inspector, orally or in writing, to amend the terms of the operation 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 operation as set out in the Class II Notification.

Amendment and Renewal of Operating Plans

Marginal note:Amendment or renewal of operating plan

• 108 (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:Application of certain provisions

  (2) Sections 102, 105 and 106 apply, with such modifications as the circumstances require, in respect of an amendment to, or renewal of, an approved operating plan pursuant to this section.

Marginal note:Minor amendments to plan

109 Where an operator of a Class III or Class IV placer land use operation requests an inspector, orally or in writing, to amend the operating plan 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 operating plan.

Assignment

Marginal note:Assignment of approved operating plan

• 110 (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 106; 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:Plan not otherwise assignable

  (2) Except as provided in this section, an approved operating plan is not assignable.

Inspection and Enforcement

Marginal note:Inspectors and Chief

• 111 (1) The Minister may designate as an inspector, or as the Chief of Placer 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

• 112 (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

• 113 (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 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 112(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 106

  • (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 106(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

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

  • (a) a person has terminated, temporarily or permanently, or has abandoned a placer land use operation, and

  • (b) either

    • (i) the person has contravened a condition of an approved operating plan, 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 placer land use operation 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 112(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 106

  • (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 106(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

• 115 (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

116 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 placer land use operations or to any activity or group of activities included in any such operation;

• (c) prescribing the criteria that determine whether a placer land use operation is a Class I, II, III or IV placer land use operation;

• (d) prescribing the form of the Class II Notification and of applications referred to in section 105, 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 placer land use operation;

• (f) for the purposes of section 103,

  • (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 102(5), and for the purposes of that subsection in its application, pursuant to subsection 108(2), to amendments and renewals, respecting

  • (i) the circumstances in which notification to the public of a planned placer land use operation is, or is not, required,

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

  • (iii) the manner of notifying the public of a planned placer land use operation or 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;

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

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

• (k) respecting the procedure and the time limits to be observed in respect of the approval of operating plans, amendments thereto and renewals thereof, the review of inspectors’ directions under subsection 113(3) and of the Chief’s decisions under subsection 113(4), and the issue of Certificates of Completion under subsections 104(1) and (2);

• (l) prescribing fees to be paid for making any application, or for requesting a review mentioned in subsection 113(3) or (4), and prescribing the times at which and the manner in which such fees must be paid;

• (m) respecting

  • (i) the amount of security that may be required to be furnished and maintained under section 106, which regulations may empower the Chief 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, and

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

• (n) respecting partial returns of security in situations other than those referred to in subsection 106(6);

• (o) respecting

  • (i) the circumstances in which a contravention of section 102, subsection 113(6) or a condition of an approved operating plan, 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;

• (p) 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;

• (q) 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;

• (r) respecting the content of directions given by inspectors under subsection 113(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 113(3) or (4);

• (s) respecting the effect of

  • (i) an alteration or revocation of a direction under subsection 113(3), or

  • (ii) an alteration or substitution of a decision under subsection 113(4)

  on the operation of subsections 106(3) and 113(8);

• (t) requiring that public notice be given before the Minister’s functions under subsection 113(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

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

Offences and Punishment

Marginal note:Placer land use operations

• 117 (1) Any person who contravenes any of subsections 102(1) to (3), or any condition of an approved operating plan of a Class III placer land use operation, is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

• Marginal note:Placer land use operations

  (2) Any person who contravenes subsection 102(4), or any condition of an approved operating plan of a Class IV placer land use operation, is guilty of an offence and liable on summary conviction to a fine not exceeding twenty thousand dollars.

• Marginal note:Complying with inspector’s direction

  (3) Any person who contravenes subsection 113(6) is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

• Marginal note:Assisting inspectors, etc.

  (4) Any person who contravenes subsection 112(4) or section 115 is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.

• Marginal note:Contravention of certain regulations

  (5) Any

  • (a) person who contravenes a regulation made under paragraph 116(o) relating to the reporting of emergency measures or the reclamation of the area, and

  • (b) operator who contravenes a regulation made under paragraph 116(p)

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

• Marginal note:Continuing offences

  (6) 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

• 118 (1) Proceedings in respect of an offence under section 117 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

• 119 (1) Notwithstanding that a prosecution has been instituted in respect of an offence under section 117, 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 117.