Acts and Regulations

M-14.1 - Mining Act

Section 48.4
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Validity and priority of ground staked mineral claims
48.4(1)The following definitions apply in this section and sections 48.5 to 48.8.
“ground staked mineral claim” means a mineral claim recorded under this Act, held under a prospecting licence and marked out on the ground before the commencement of this section, in accordance with the provisions of this Act as they read immediately before the commencement of this section.(claim jalonné au sol )
“map staked mineral claim” means a mineral claim registered or to be registered in the electronic mineral claims registry referred to under section 14.1 of this Act. (claim jalonné sur carte)
48.4(2)A ground staked mineral claim recorded with the Recorder before the commencement of this section continues until expiry, surrender or cancellation or until converted to a lease or to a map staked mineral claim.
48.4(3)A holder of a ground staked mineral claim may renew the mineral claim subject to this Act and the regulations as they read immediately before the commencement of this section.
48.4(4)The inclusion of part of a ground staked mineral claim in an area in which the location or recording of that part is prohibited under this Act does not affect the validity of the location of the remainder of the claim and the location of any post does not invalidate the claim.
48.4(5)The date and time of completion of staking of the ground staked mineral claim marked on a claim post in accordance with the regulations as they read immediately before the commencement of this section determines the priority of ground staked mineral claims.
48.4(6) The identification of a ground staked mineral claim shall be made by a map approved for that purpose by the Recorder but, if there is a conflict between the identification of a ground staked mineral claim as determined by that map and the identification of the claim determined by stakes, marks or posts, the identification as determined by the stakes, marks or posts prevails.
48.4(7)If the Recorder is satisfied that there is substantial compliance with the provisions of this section or sections 48.7 and 48.8 with respect to staking of the mineral claim, the Recorder may direct the holder of a mineral claim
(a) to move, remove or alter corner posts and witness posts and the writing or inscription on the posts,
(b) to replace metal tags that have been destroyed or removed from corner posts, or
(c) to replace missing corner posts and witness posts and to affix tags to the posts.
2009, c.35, s.33
Validity and priority of ground staked mineral claims
48.4(1)The following definitions apply in this section and sections 48.5 to 48.8.
“ground staked mineral claim” means a mineral claim recorded under this Act, held under a prospecting licence and marked out on the ground before the commencement of this section, in accordance with the provisions of this Act as they read immediately before the commencement of this section.(claim jalonné au sol )
“map staked mineral claim” means a mineral claim registered or to be registered in the electronic mineral claims registry referred to under section 14.1 of this Act. (claim jalonné sur carte)
48.4(2)A ground staked mineral claim recorded with the Recorder before the commencement of this section continues until expiry, surrender or cancellation or until converted to a lease or to a map staked mineral claim.
48.4(6) The identification of a ground staked mineral claim shall be m ade by a map approved for that purpose by the Recorder but, if there is a conflict between the identification of a ground staked mineral claim as determined by that map and the identification of the claim determined by stakes, marks or posts, the identification as determined by the stakes, marks or posts prevails.
2009, c.35, s.33