Acts and Regulations

M-14.1 - Mining Act

Full text
Transfers requiring statement and consent
106(1)If a mineral claim or mining lease or any interest therein is transferred in consequence of the death, bankruptcy or insolvency of any holder of a mineral claim or mining lease, or by any means other than a transfer referred to in subsection 102(1), the transfer shall be
(a) authenticated by a statement, verified by affidavit or solemn declaration of the person to whom the mineral claim or mining lease or interest therein has been transferred, setting out the circumstances of the transfer and describing the manner in which and the person to whom such claim or lease has been transferred; and
(b) in the case of a mining lease, accompanied by the written consent of the Minister.
106(2)If the transfer referred to in subsection (1) takes place by virtue of the bankruptcy or insolvency of any holder of a mineral claim or mining lease, the statement referred to in subsection (1) shall be accompanied by such evidence as may be receivable in court as proof of the title of persons claiming under any bankruptcy or insolvency, and if the transfer takes place by virtue of a testamentary instrument or by intestacy the statement shall be accompanied by the letters probate of the will or the letters of administration, or a copy thereof, that may be evidence admissible in court in proof of the transfer.
106(3)The Recorder, upon receipt of the statement and consent referred to in subsection (1), accompanied by the documents referred to in subsection (2), shall enter the name of the person entitled to the mineral claim or mining lease or interest therein under the transfer in the records as entitled thereto.