Prospecting Permits (continued)
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 non-payment
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
(a) apply for a prospecting permit for a zone, or apply to record a claim, that covers any part of the area that was covered by the expired or cancelled permit; or
(b) acquire a legal or beneficial interest in a prospecting permit or claim referred to in paragraph (a).
Size, Boundaries and Marking of a Claim
Marginal note:Area of claim — excluded lands
23 (1) The area of a claim must not exceed 1250 hectares and must not include any lands referred to in section 5.
Marginal note:Shape and boundaries of claim
(2) Every claim must, as nearly as possible, meet all of the following specifications:
(a) it is rectangular in shape;
(b) its boundaries run north, south, east and west astronomically;
(c) the length of each boundary is 500 metres or a multiple of 500 metres;
(d) the length of the longest boundary is not more than five times the length of the shortest.
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
25 (1) The boundaries and corners of a claim must be marked by legal posts in accordance with sections 26 to 30.
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
26 (1) A legal post must be one of the following:
(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
27 (1) Subject to subsection (2), boundary posts must be erected at intervals of not more than 500 metres along the boundaries of a claim.
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:
(a) on the northern boundary, the letters “NBP” or “BLN”;
(b) on the eastern boundary, the letters “EBP” or “BLE”;
(c) on the southern boundary, the letters “SBP” or “BLS”; and
(d) on the western boundary, the letters “WBP” or “BLO”.
Marginal note:Corner post
28 (1) Subject to section 29, corner posts must be erected at the four corners of a claim, and an identification tag marked with the required inscription must be secured to each 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:
(a) the name of the licensee for whom the claim is staked;
(b) the name of the person who erected that post, if that person is not the licensee;
(c) the name of the claim; and
(d) the date and time that the post was erected.
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:
(a) on a boundary or an extension of a boundary of the claim and as near as practicable to the corner;
(b) if it is not practicable to erect it at a location specified in paragraph (a), at a location as near as practicable to the corner.
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
32 (1) Except as provided in subsections (2) and (3), it is prohibited
(a) to remove, displace or destroy a legal post; and
(b) to remove, deface or alter an identification tag secured to a legal post or an inscription on a legal post.
(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
33 (1) Only the licensee for whom a claim has been staked may submit an application to the Mining Recorder to record the 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 Northwest Territories Mining District, and if the portion in the Northwest Territories 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 the Northwest Territories 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 the Northwest Territories 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
37 (1) If a person wants to dispute the recording of a claim, they must
(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
38 (1) When a notice of protest is filed, the Supervising Mining Recorder must
(a) send a copy of the notice by registered mail to the holder of the disputed claim; and
(b) inquire into the allegations contained in the notice of protest.
Marginal note:Powers related to the inquiry
(2) For the purposes of the inquiry, the Supervising Mining Recorder may
(a) summon and examine under oath any person whose attendance is considered necessary to the inquiry;
(b) compel the production of documents by witnesses; and
(c) do all things necessary to provide a full and proper inquiry.
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.
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