Acts and Regulations

M-14.1 - Mining Act

Section 52
Disposition versions

Full text
Cancellation of mineral claim in certain circumstances
52(1)If the Recorder is satisfied that the holder of a mineral claim is not in compliance with a provision of this Act or the regulations, the Recorder may do one or more of the following:
(a) notify the holder of the provision of the Act or regulations that the Recorder considers is not being complied with, and
(b) order, in writing, the holder to comply with the provision within a period specified in a notice.
52(2)If the holder does not comply with the order under paragraph (1)(b) within the period specified, the Recorder may cancel the mineral claim.
52(3)An appeal from the cancellation of a mineral claim under this section may be taken by the holder of the mineral claim to the Board, but no such appeal shall be made more than 20 days after receiving the notice under paragraph (1)(b).
52(4)On the cancellation of a mineral claim under this section, the land covered by the mineral claim shall be withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.
2009, c.35, s.37; 2023, c.6, s.2
Cancellation of mineral claim in certain circumstances
52(1)If the Recorder is satisfied that the holder of a mineral claim is not in compliance with a provision of this Act or the regulations, the Recorder may do one or more of the following:
(a) notify the holder of the provision of the Act or regulations that the Recorder considers is not being complied with, and
(b) order, in writing, the holder to comply with the provision within a period specified in a notice.
52(2)If the holder does not comply with the order under paragraph (1)(b) within the period specified, the Recorder may cancel the mineral claim.
52(3)An appeal from the cancellation of a mineral claim under this section may be taken by the holder of the mineral claim to the Mining Commissioner, but no such appeal shall be made more than 20 days after receiving the notice under paragraph (1)(b).
52(4)On the cancellation of a mineral claim under this section, the land covered by the mineral claim shall be withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.
2009, c.35, s.37
Cancellation of mineral claim in certain circumstances
52(1)If the Recorder is satisfied that the holder of a mineral claim is not in compliance with a provision of this Act or the regulations, the Recorder may do one or more of the following:
(a) notify the holder of the provision of the Act or regulations that the Recorder considers is not being complied with, and
(b) order, in writing, the holder to comply with the provision within a period specified in a notice.
52(2)If the holder does not comply with the order under paragraph (1)(b) within the period specified, the Recorder may cancel the mineral claim.
52(3)An appeal from the cancellation of a mineral claim under this section may be taken by the holder of the mineral claim to the Mining Commissioner, but no such appeal shall be made more than 20 days after receiving the notice under paragraph (1)(b).
52(4)On the cancellation of a mineral claim under this section, the land covered by the mineral claim shall be withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.
2009, c.35, s.37
Holding of application
52(1)Where the Recorder is satisfied that an application to record a mineral claim
(a) is not in accordance with this Act or the regulations, or
(b) is in relation to minerals that are, or a substantial portion of which are, covered by a recorded mineral claim or mining lease, a mining licence or lease under the previous Act that is continued under this Act, or a right granted pursuant to an agreement under section 25 or under the Ownership of Minerals Act,
he shall not record the mineral claim and the claim shall not be deemed to have been recorded but the Recorder shall, if so directed by the applicant and upon receiving the fee prescribed by regulation, hold the application, and any question involved may be decided by the Mining Commissioner as provided under this Act.
52(2)The holding of an application by the Recorder under subsection (1) shall not be considered a dispute of the recorded mineral claim nor shall it be noted or dealt with as such unless a notice of dispute complying with section 61 is filed with the Recorder by the applicant.
52(3)A mineral claim in respect of which an application is held under subsection (1) expires sixty days after the receipt of the application in the Recorder’s office unless
(a) the Recorder is satisfied that the application has been amended to conform with the Act and the regulations and the claim has been recorded;
(b) the Mining Commissioner has set a date for a hearing concerning the application; or
(c) the Mining Commissioner has determined that the mineral claim is proper to be recorded and the claim has been recorded.
52(4)Where a mineral claim expires under subsection (3), the Recorder shall immediately
(a) mark the application as cancelled; and
(b) notify the applicant by registered mail, addressed to the applicant at the address shown on the application, that the application is cancelled.