Cancellation of Recording of Claims (continued)
Marginal note:Request for cancellation of recording
54 The holder of a recorded claim may request the cancellation of the recording of the claim by submitting to the Mining Recorder a written request for cancellation accompanied by the applicable fee set out in Schedule 1.
Marginal note:Date of cancellation
(a) the Mining Recorder receives the request for its cancellation and payment of the fee under section 54;
(b) the time specified in paragraph 60(2)(b) has ended and no application for a lease on the claim has been received; or
(c) a lease on the claim has terminated without being renewed or was cancelled under subsection 63(2) or section 64.
(2) For one year after the recording of a claim is cancelled, the former claim holder and any person related to the former claim holder are not permitted to
Marginal note:Reopening of lands
56 (1) The lands that were covered by a claim the recording of which has been cancelled under subsection 50(2), section 55 or subsection 62(3) are open for prospecting and staking at noon on the day following the first business day after the day on which the recording of the claim was cancelled.
Marginal note:Reopening of lands — 30-day delay
(2) Subject to section 84, the lands that were covered by a claim the recording of which has been cancelled under subsection 49(3) or 53(3) or paragraph 53(4)(b) are open for prospecting and staking at noon on the day that is 30 days after the day on which the recording of the claim was cancelled.
Marginal note:Delay in reopening lands
(3) If the Minister has reasonable grounds to believe that there is unremedied environmental damage to the lands that were covered by a claim the recording of which has been cancelled under a provision set out in subsection (1) or (2), or the lands referred to in subsection 52(5), the Minister may delay the opening of the lands for prospecting and staking.
Lease of a Recorded Claim
Plan of Survey
Marginal note:Survey required for lease
(b) provide a report of any overlap with a boundary of any other claim;
(c) send a copy of the plan of survey, the report and a notice in the prescribed form, by registered mail or courier, to the holders of adjacent recorded claims and leased claims at their addresses on record with the Mining Recorder; and
(d) send to the Mining Recorder a copy of the plan of survey, the report, the notice and evidence that the holders of the adjacent claims have received copies of those documents.
Marginal note:Perimeter survey
(2) If two or more contiguous recorded claims are to be included in one lease and their aggregate area, as stated in the applications to record them, does not exceed 1250 hectares, one plan of survey may be prepared that shows only the perimeter of the collection of contiguous claims.
Marginal note:Posting of notice
(3) On receipt of the documents referred to in paragraph (1)(d), the Mining Recorder must post a copy of the notice in the office of the Mining Recorder for a period of 21 days.
Marginal note:Extra charge for additional area — one claim
A × C × D
- is the excess area in hectares of the claim;
- is $5; and
- is the number of years from the date of recording of the claim.
Marginal note:Extra charge for additional area — collection of claims
(2) If the surveyed area of contiguous recorded claims that are shown in a plan of survey of their perimeter prepared in accordance with subsection 57(2) exceeds their aggregate area as stated in the applications to record those claims, the claim holder must pay to the Mining Recorder for each claim the charge determined by the formula
(A / B) × C × D
- is the total excess area in hectares of all of the claims;
- is the number of claims in the survey;
- is $5; and
- is the number of years from the recording date of the claim.
(3) Remission is granted of the portion of the charge paid or payable under subsection (1) or (2), as the case may be, that does not exceed the cost of work set out in certificates of work issued with respect to the claim or contiguous claims and that has not been remitted under these Regulations.
Marginal note:Recording of plan of survey
59 The Mining Recorder must record the plan of survey if
(a) 30 days have elapsed after the end of the period for posting of a notice under subsection 57(3) and the Mining Recorder has not received any protest with respect to the survey;
(c) the applicable fee set out in Schedule 1 has been paid;
(d) the requirements of section 57 have been met; and
(e) any charge payable under subsection 58(1) or (2) has been paid.
Requirements Respecting Leases
Marginal note:Application for lease
Marginal note:Application fee and limitation period
(2) The application must
Marginal note:Other requirements for lease
(3) Before a lease is issued,
(a) an official plan of survey of the claim, or the collection of contiguous claims, must have been recorded under section 59;
(b) certificates of work must have been recorded with respect to the claim, or with respect to each claim in the collection of contiguous recorded claims, that allocate to the claim, or to each claim, a cost of work of at least $25 per hectare, of which the total of the costs of the official plan of survey and of the construction of any roads, airstrips or docks does not exceed $5 per hectare; and
(c) the rent for the first year of the lease must have been paid to the Mining Recorder.
Marginal note:Extension of duration of claim
(4) If a claim holder who has applied for a lease advises the Mining Recorder in writing that they cannot, for reasons beyond their control, obtain an official plan of survey and record it before the end of the duration of the claim to be leased,
Marginal note:Issuance of lease
(5) If, before the end of the duration of the recorded claim or of the claim that has the earliest recording date of any of the claims in the collection of contiguous recorded claims, the requirements of subsections (1) to (3) are met, the Minister must issue the lease to the claim holder for a term of 21 years.
Marginal note:Annual rent for lease
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