Acts and Regulations

M-14.1 - Mining Act

Full text
Rights of prospector respecting land open for prospecting and registration of mineral claims
35(1)Subject to sections 109 and 110, a prospector may enter, remain and travel on land open for prospecting and registration of mineral claims and may prospect and work on that land in accordance with this Act and the regulations and may have with him or her and use any vehicles, machinery, equipment, supplies, personnel and temporary housing as are necessary to prospect and work in accordance with this Act and the regulations; but the prospector and the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working are liable for actual damage to and interference with the use and enjoyment of property caused by the prospector entering, remaining, travelling, prospecting or working.
35(2)Subject to subsection (4), a prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working, shall remove temporary housing from the land open for prospecting and registration of mineral claims on or before the thirty-first day of December of the year in which the prospector placed or used the temporary housing on the land.
35(3)Before the first day of December, a prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working, may apply in writing to the Recorder for an exemption from the requirement under subsection (2).
35(4)The Recorder may grant an exemption to the prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting or working, from the requirement under subsection (2) for a maximum of 12 months if the Recorder is satisfied that the exemption is necessary in order to prospect or work in accordance with this Act and the regulations.
1991, c.57, s.3; 2009, c.35, s.17
Rights of prospector respecting land open for prospecting and staking
35(1)Subject to sections 109 and 110, a prospector may enter, remain and travel upon land open for prospecting and staking and may prospect, stake and work on that land in accordance with this Act and the regulations and may have with him and use such vehicles, machinery, equipment, supplies, personnel and temporary housing as are necessary to prospect, stake and work in accordance with this Act and the regulations; but he and the person on whose behalf he is entering, remaining, travelling, prospecting, staking or working are liable for actual damage to and interference with the use and enjoyment of property caused by his entering, remaining, travelling, prospecting, staking or working.
Removal of temporary housing from land open for prospecting and staking
35(2)Subject to subsection (4), a prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting, staking or working, shall remove temporary housing from the land open for prospecting and staking on or before the thirty-first day of December of the year in which the prospector placed or used the temporary housing on the land.
Application for an exemption
35(3)Before the first day of December, a prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting, staking or working, may apply in writing to the Recorder for an exemption from the requirement under subsection (2).
Granting of an exemption
35(4)The Recorder may grant an exemption to the prospector or the person on whose behalf the prospector is entering, remaining, travelling, prospecting, staking or working, from the requirement under subsection (2) for a maximum of twelve months if the Recorder is satisfied that the exemption is necessary in order to prospect, stake or work in accordance with this Act and the regulations.
Removal of existing temporary housing
35(5)Subject to subsection (4), a prospector or the person on whose behalf the prospector entered, remained, travelled, prospected, staked or worked shall remove temporary housing from the land open for prospecting and staking on or before December 31, 1991 if the prospector placed or used the temporary housing on the land before the commencement of subsection (2).
1991, c.57, s.3