Prospecting Permits (continued)
Marginal note:Application to record claim in prospecting permit zone
18 (1) A permittee may apply to record a claim wholly or partially within the permittee’s prospecting permit zone only if a confirmation under subsection 15(11) respecting that zone has been provided setting out a cost of work equal to or greater than the number of hectares in the permit zone multiplied by $0.25.
Marginal note:Exclusion of claim from permit zone
(2) When a claim referred to in subsection (1) has been recorded, the area covered by the claim no longer forms part of the permit zone.
Marginal note:Excess cost of work transferrable to claim
(3) If the cost of work that has been justified in a report with respect to a prospecting permit exceeds the charges remitted under subsection 19(2), the permittee may request the Mining Recorder to allocate the excess cost of work to work required under subsection 39(1) on a claim referred to in subsection (1). The request must be in the prescribed form and be accompanied by the fee for a certificate of work set out in Schedule 1.
Marginal note:Remission of charge
19 (1) If a confirmation in respect of a prospecting permit is provided under subsection 15(11), the portion of the charges paid or payable under section 14 that does not exceed the cost of work set out in the confirmation is remitted.
Marginal note:To whom remission is payable
(2) Any charge referred to under section 14 that has been paid to the Mining Recorder and that is remitted under this section must be repaid by the Minister to the person entitled to it.
Marginal note:Cancellation of permit on request
20 A permittee may submit to the Mining Recorder a written request for cancellation of their prospecting permit. The cancellation takes effect at the end of January after it is requested.
Marginal note:Cancellation of permit for nonpayment
21 If any charge payable under section 14 is not paid when due, the prospecting permit is cancelled.
Marginal note:Effect of expiration or cancellation of permit
22 (1) The lands that were covered by a prospecting permit that has expired or has been cancelled are open for prospecting and staking at noon on the day following the first business day after the day on which the permit expired or was cancelled.
Marginal note:Temporary prohibition relating to former permittee
(2) For one year after a prospecting permit expires or is cancelled, the former permittee and any person related to the former permittee are not permitted to
Size, Boundaries and Marking of a Claim
Marginal note:Area of claim — excluded lands
Marginal note:Shape and boundaries of claim
(2) Every claim must, as nearly as possible, meet all of the following specifications:
Marginal note:Identification tags
24 (1) On payment of the applicable fee set out in Schedule 1, the Mining Recorder must issue a set of four identification tags, with the following inscriptions, for use in identifying the corners of a claim — “NE 1” for the northeast corner, “SE 2” for the southeast corner, “SW 3” for the southwest corner and “NW 4” for the northwest corner.
Marginal note:Reduced-area tags
(2) On payment of the applicable fee set out in Schedule 1, the Mining Recorder must issue a set of four reduced-area tags for use in marking the corners of a reduced-area claim referred to in section 52.
Marginal note:Identification number
(3) Each identification tag in a set must contain a unique identification number for the set.
Marginal note:Marking of boundaries
Marginal note:Marking in treed area
(2) In a treed area, the boundaries of a claim must be marked along as much of the length as it is possible to mark by cutting underbrush and flagging or blazing trees.
Marginal note:Requirements for legal post
(a) in a treed area,
(i) a post of sound wood planted firmly in an upright position and standing not less than one metre above the ground, with at least the upper 30 centimetres squared off so that each face of the squared portion is not less than four centimetres in width, or
(ii) a tree found in position and cut off not less than one metre above the ground, with at least the upper 30 centimetres squared off so that each face of the squared portion is not less than four centimetres in width;
(b) in a treeless area, a post described in subparagraph (a)(i) or a mound of stones that is not less than one metre in diameter at the base and not less than 50 centimetres in height.
Marginal note:Requirements when mounds of stones are used
(2) If a legal post is a mound of stones, then
(a) a reference to a tag being secured to that post is to be read as a reference to a tag being inserted in a shatterproof and waterproof container secured in the apex of the mound; and
(b) a reference to information being inscribed on that post is to be read as a reference to information being clearly and indelibly written on paper or inscribed on durable material and inserted in a shatterproof and waterproof container secured in the apex of the mound.
Marginal note:Boundary post
Marginal note:Obstructions in boundary line
(2) If, because of the presence of a body of water or other natural obstruction or lands on which entry for staking has not been authorized by the holder of the surface rights, it is not practicable to erect a boundary post on the boundary line of the claim, a boundary post must be erected on the boundary line on each side of the body of water or natural obstruction or lands.
Marginal note:Common boundary post
(3) When two or more claims are staked at the same time by or on behalf of the same licensee and have a common boundary, a single boundary post may be erected to mark any common interval along the boundary.
Marginal note:Numbering of boundary posts
(4) Boundary posts must be numbered consecutively in a clockwise direction, commencing at “1” after the northeast corner post, and recommencing at “1” after each subsequent corner post.
Marginal note:Information on boundary posts
(5) The name of the claim, the number referred to in subsection (4) and the following information must be inscribed on each boundary post:
Marginal note:Corner post
Marginal note:Common corner post
(2) When two or more claims are staked at the same time by or on behalf of the same licensee and have a common corner, a single corner post may be used to mark the common corner. The identification tag for each claim, marked with the required inscription, must be secured to the common corner post.
Marginal note:Information on corner posts
(3) The following information is to be clearly and indelibly inscribed on the identification tag of each corner post or, if there is insufficient room on the tag, on the post itself:
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