Acts and Regulations

M-14.1 - Mining Act

Section 102
Disposition versions

Full text
Execution of instrument
102(1)Except as in this Act otherwise expressly provided, no transfer or assignment of, or agreement or other instrument affecting a mining lease shall be received by the Recorder and entered on the record unless
(a) it is executed by the holder of the mining lease or interest affected, or by his or her duly authorized agent, and the execution is verified by the affidavit or solemn declaration of a subscribing witness to the execution; and
(b) it is accompanied by the written consent of the Minister.
102(2)If an instrument referred to in subsection (1) is executed by an agent, there shall be filed with the instrument a written authorization to the agent to sign, and the execution of the authorization shall be verified by the affidavit or solemn declaration of a subscribing witness to the execution of the authorization.
102(3)Where, by an instrument made pursuant to section 177 of the Bank Act as enacted by section 2 of the Banks and Banking Law Revision Act, 1980, chapter 40 of the Statutes of Canada, 1980-81-82-83, a mineral claim or a mining lease or any interest therein is assigned, transferred or set over as security to a Canadian chartered bank by the holder of the mineral claim or mining lease or by a person having an interest therein, there shall be filed with the Recorder
(a) an original or an executed copy of the instrument giving the security; or
(b) a copy of the instrument giving the security certified by an officer or employee of the bank to be a true copy.
2009, c.35, s.62
Execution of instrument
102(1)Except as in this Act otherwise expressly provided, no transfer or assignment of, or agreement or other instrument affecting a mining lease shall be received by the Recorder and entered on the record unless
(a) it is executed by the holder of the mining lease or interest affected, or by his or her duly authorized agent, and the execution is verified by the affidavit or solemn declaration of a subscribing witness to the execution; and
(b) it is accompanied by the written consent of the Minister.
102(2)If an instrument referred to in subsection (1) is executed by an agent, there shall be filed with the instrument a written authorization to the agent to sign, and the execution of the authorization shall be verified by the affidavit or solemn declaration of a subscribing witness to the execution of the authorization.
102(3)Where, by an instrument made pursuant to section 177 of the Bank Act as enacted by section 2 of the Banks and Banking Law Revision Act, 1980, chapter 40 of the Statutes of Canada, 1980-81-82-83, a mineral claim or a mining lease or any interest therein is assigned, transferred or set over as security to a Canadian chartered bank by the holder of the mineral claim or mining lease or by a person having an interest therein, there shall be filed with the Recorder
(a) an original or an executed copy of the instrument giving the security; or
(b) a copy of the instrument giving the security certified by an officer or employee of the bank to be a true copy.
2009, c.35, s.62
Execution of instrument
102(1)Except as in this Act otherwise expressly provided, no transfer or assignment of, or agreement or other instrument affecting a mineral claim or mining lease shall be received by the Recorder and entered on the record unless
(a) it is executed by the holder of the mineral claim or mining lease or interest affected, or by his duly authorized agent, and the execution is verified by the affidavit or solemn declaration of a subscribing witness to the execution; and
(b) in the case of a mining lease, it is accompanied by the written consent of the Minister.
102(2)If an instrument referred to in subsection (1) is executed by an agent, there shall be filed with the instrument a written authorization to the agent to sign, and the execution of the authorization shall be verified by the affidavit or solemn declaration of a subscribing witness to the execution of the authorization.
102(3)Where, by an instrument made pursuant to section 177 of the Bank Act as enacted by section 2 of the Banks and Banking Law Revision Act, 1980, chapter 40 of the Statutes of Canada, 1980-81-82-83, a mineral claim or a mining lease or any interest therein is assigned, transferred or set over as security to a Canadian chartered bank by the holder of the mineral claim or mining lease or by a person having an interest therein, there shall be filed with the Recorder
(a) an original or an executed copy of the instrument giving the security; or
(b) a copy of the instrument giving the security certified by an officer or employee of the bank to be a true copy.