Acts and Regulations

M-14.1 - Mining Act

Section 48.8
Disposition versions

Full text
Mandatory conversion of ground staked mineral claims
48.8(1)The Recorder shall, within 90 days after the commencement of this section, convert all ground staked mineral claims to map staked mineral claims and register in the registry the map staked mineral claims in accordance with this section and any regulations.
48.8(2)In respect of each ground staked mineral claim that is to be converted under this section, the Recorder shall determine
(a) the mineral claim units that make up the map staked mineral claim,
(b) the claim area that makes up the map staked mineral claim,
(c) any other information required in order to effect conversion and to enter the map staked mineral claim in the registry.
48.8(3)Subject to this section, the Recorder may change or modify the boundaries of the ground staked mineral claim or any other aspects of the claim being converted under this section in order to effect the conversion.
48.8(4)If the claim area of any ground staked mineral claim to be converted under this section consists of one or more whole mineral claim units, the whole mineral claim unit or units shall be included in the claim area of the converted map staked mineral claim.
48.8(5)If the claim area of any ground staked mineral claim to be converted under this section consists of a portion of any mineral claim unit or units, the whole mineral claim unit or units shall be included in the claim area of the converted map staked mineral claim, unless another holder of a ground staked mineral claim holds a claim over a portion of the same mineral claim unit.
48.8(6)If another holder of a ground staked mineral claim holds a claim over a portion of the same mineral claim unit of a ground staked mineral claim to be converted under this section, the claim area of the ground staked mineral claim being converted shall be identified in the same manner as under subsection 48.4(6).
48.8(7)The land covered by the map staked mineral claim that has been converted under this section shall, as far as practicable, be substantially similar to the land covered by the ground staked mineral claim.
48.8(8)With respect to a map staked mineral claim converted under this section,
(a) the rights under the converted ground staked mineral claim are continued under the map staked mineral claim, and
(b) the ground staked mineral claim is cancelled.
48.8(9)If a notice of dispute has not been filed with the Board within 30 days after the registration of the map staked mineral claim, a map staked mineral claim converted under this section shall be deemed to be a map staked mineral claim registered in the registry under this Act with a registration date the same as the recording date of the converted ground staked mineral claim.
48.8(10)No action, application or other proceeding lies against the Minister or the Crown in right of the Province as a result of the enactment of this section or the exercise of a function under this section.
2009, c.35, s.33; 2023, c.6, s.2
Mandatory conversion of ground staked mineral claims
48.8(1)The Recorder shall, within 90 days after the commencement of this section, convert all ground staked mineral claims to map staked mineral claims and register in the registry the map staked mineral claims in accordance with this section and any regulations.
48.8(2)In respect of each ground staked mineral claim that is to be converted under this section, the Recorder shall determine
(a) the mineral claim units that make up the map staked mineral claim,
(b) the claim area that makes up the map staked mineral claim,
(c) any other information required in order to effect conversion and to enter the map staked mineral claim in the registry.
48.8(3)Subject to this section, the Recorder may change or modify the boundaries of the ground staked mineral claim or any other aspects of the claim being converted under this section in order to effect the conversion.
48.8(4)If the claim area of any ground staked mineral claim to be converted under this section consists of one or more whole mineral claim units, the whole mineral claim unit or units shall be included in the claim area of the converted map staked mineral claim.
48.8(5)If the claim area of any ground staked mineral claim to be converted under this section consists of a portion of any mineral claim unit or units, the whole mineral claim unit or units shall be included in the claim area of the converted map staked mineral claim, unless another holder of a ground staked mineral claim holds a claim over a portion of the same mineral claim unit.
48.8(6)If another holder of a ground staked mineral claim holds a claim over a portion of the same mineral claim unit of a ground staked mineral claim to be converted under this section, the claim area of the ground staked mineral claim being converted shall be identified in the same manner as under subsection 48.4(6).
48.8(7)The land covered by the map staked mineral claim that has been converted under this section shall, as far as practicable, be substantially similar to the land covered by the ground staked mineral claim.
48.8(8)With respect to a map staked mineral claim converted under this section,
(a) the rights under the converted ground staked mineral claim are continued under the map staked mineral claim, and
(b) the ground staked mineral claim is cancelled.
48.8(9)If a notice of dispute has not been filed with the Mining Commissioner within 30 days after the registration of the map staked mineral claim, a map staked mineral claim converted under this section shall be deemed to be a map staked mineral claim registered in the registry under this Act with a registration date the same as the recording date of the converted ground staked mineral claim.
48.8(10)No action, application or other proceeding lies against the Minister or the Crown in right of the Province as a result of the enactment of this section or the exercise of a function under this section.
2009, c.35, s.33