Legal Posts (continued)
Marginal note:Witness post
29 (1) 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 corner post, a witness post must be erected at one of the following locations:
Marginal note:Corner post tag on witness post
(2) The identification tag for the corner post must be attached to the witness post.
Marginal note:Additional information on witness post
(3) In addition to the information referred to in subsection 28(3), the following information must be inscribed on the identification tag after the letters “WP”: the compass bearing and distance in metres, measured in a straight line, from the witness post to the location where the corner post would have been erected had it been practicable to do so.
Marginal note:Requirements to complete staking
30 When the boundaries and corners of a claim have been marked in accordance with sections 23 to 29, the date and time of completion of the requirements of those sections and the licence number of the licensee referred to in paragraph 28(3)(a) must be inscribed on the identification tag of the northeast corner post or of the witness post designating the northeast corner, as the case may be. The claim is then staked.
Marginal note:Verification of staking
31 Compliance with the requirements set out in sections 23 to 30 may be verified by a person authorized by the Minister to perform any function related to the administration and enforcement of these Regulations.
Moving Legal Posts and Modifying Information
(2) The claim holder, the holder of the surface rights or a public authority may remove a legal post if the post is interfering with their use of the lands.
(3) If the holder of the surface rights or a public authority removes a legal post, they must, within 30 days after the removal, notify the claim holder and the Mining Recorder of the removal.
Recording of a Claim
Marginal note:Prescribed form and time limit
(2) The application must be made in the prescribed form within 60 days after the date on which the staking of the claim is completed.
Marginal note:Fee and map
(3) The application must be accompanied by the applicable fee set out in Schedule 1 and a map or sketch at the scale of 1:50 000 showing all of the following:
(a) the location of the claim in relation to permanent topographical features in the vicinity of the claim;
(b) any nearby prospecting permit zones, recorded claims and leased claims;
(c) the positions of the corner posts;
(d) the positions and numbers of the boundary posts;
(e) the positions of any witness posts.
Marginal note:Recording of claim
(4) If the requirements of subsections (1) to (3) are met, the Mining Recorder must record the claim as soon as practicable after the 60th day following the day on which the staking is completed. The recording date is considered to be the date that the application is received at the Mining Recorder’s office.
Marginal note:Duration of claim
(5) Unless a recorded claim is leased under subsection 60(5) or its recording is cancelled under subsection 50(2) or 53(3) or section 54 or 55, the duration of a recorded claim is 10 years, beginning on its recording date, plus any suspensions recorded under section 51 and any extension under subsection 60(4).
Marginal note:Conflicting applications
34 If applications have been submitted to record two or more claims that overlap, the claim that is staked first in compliance with the staking requirements is the one that must be recorded.
Marginal note:Claim recorded under the law of another province
35 (1) If it is determined that lands covered by a mining claim that is recorded or otherwise recognized under the law regulating the disposition of mining interests in another province are wholly or partly in the Nunavut Mining District, and if the portion in Nunavut does not contain lands referred to in section 5, the claim holder may, within 90 days after the determination, apply to the Mining Recorder to have the portion of the claim within Nunavut recorded as a separate claim.
(2) If an application to record the claim is not made within the period set out in subsection (1), the lands that were covered by the claim and that are within Nunavut are considered to never have been covered by a claim.
Marginal note:Recording date and time
(3) On receipt of an application made under subsection (1) and the applicable fee set out in Schedule 1, the Mining Recorder must record the claim as soon as practicable, using the date and time when the claim was recorded or otherwise recognized under the law regulating the disposition of mining interests in the other province.
Marginal note:Claim lying partly in another province
36 If a plan of survey recorded under section 59 and prepared with respect to a recorded claim shows that part of the claim is in another province, the Mining Recorder must reduce the boundaries of the claim in accordance with the plan, and must, as soon as practicable, notify the claim holder of the reduction.
Dispute Respecting Recording of a Claim
Marginal note:Notice of protest
(a) within one year after the day the disputed claim was recorded, file with the Supervising Mining Recorder a notice of protest in the prescribed form; and
(b) attest that they believe that they have, before the staking of the disputed claim, staked a claim on all or part of the area covered by the disputed claim.
Marginal note:Priority based on time of staking
(2) When the recording of a claim is disputed, the recording of the area of the claim in dispute must be accorded to the person who first staked the claim in accordance with these Regulations.
Marginal note:Inquiry by Supervising Mining Recorder
Marginal note:Powers related to the inquiry
(2) For the purposes of the inquiry, the Supervising Mining Recorder may
Marginal note:Determination and reasons
(3) After making the inquiry, the Supervising Mining Recorder must determine which claim was staked first and must provide the parties and the Mining Recorder with written reasons for the determination.
Marginal note:Work required
Marginal note:Work before recording of claim
(2) Work that was done during the two years before the claim was recorded is considered to be work done on the claim during the period referred to in paragraph (1)(a).
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