Acts and Regulations

M-14.1 - Mining Act

Section 56
Disposition versions

Full text
Requirements for renewals
56(1)The holder of a mineral claim may register a renewal in the registry if the holder has complied with all provisions of this Act and the regulations pertaining to the claim and, with respect to each mineral claim to be renewed, submits, in the form and manner required by the Recorder,
(a) on or before the date of expiration of the claim,
(i) a statement, in the form and containing the information required by the Recorder, of all work performed in relation to the mineral claim since the date of registration of the claim or, if the claim has been renewed, the date of last renewal, including work performed in excess of required work, and
(ii) the fee prescribed by regulation for each term for which renewal is applied, and
(b) not later than thirty days after the effective date of the renewal of the claim, a report, in the form and containing the information required by the Recorder, containing evidence of the performance of the work described in the statement under subparagraph (a)(i) and a statement of costs, in the form and containing the information required by the Recorder, incurred in the performance of that work.
56(2)Notwithstanding the costs of work established by the holder of a mineral claim in a statement or report submitted under subsection (1), the Recorder may, after considering the report and any receipts or contracts required by him relating to the work performed, assign a dollar value to the work for the purposes of this Act and the regulations.
56(3)In determining a dollar value under subsection (2), if the Recorder is satisfied that
(a) costs documented in a report of work, receipt or contract exceed current commercial rates, or
(b) a length of time calculated for the performance of work significantly exceeds a reasonable length of time for performing that work, or
(c) unusual equipment, services, transportation or personnel is charged to the cost of the work,
he may exclude costs unless he has first received an explanation satisfactory to him for the excessive cost or length of time or for the unusual charge.
56(4)If the Recorder determines that a report of work, or any part of the report, is not in accordance with this Act, the Recorder shall return the report, or part of the report, to the prospector for amendment, and, if the Recorder has not received the required amendment within thirty days after the return, the work reported in the report or part of the report shall not be considered in the renewal of the mineral claim.
56(5)Where mineral claims, the claim areas of which are contiguous, are held by the same person, the required work in relation to the claims may be performed anywhere within that group of contiguous claim areas, the statement and report required by subsection (1) may cover the group of claims and the statement of the performance of the work submitted under subsection (1) shall indicate the claim area or areas on which the work was performed and the mineral claim or claims to which the whole of that work is to be applied.
56(6)If the dollar value of work performed in respect of a mineral claim, as determined by the Recorder, is in excess of that required under the regulations, the excess shall be credited by the Recorder towards the dollar value of work required to be done during a subsequent term or terms of the mineral claim, but no excess shall be credited beyond the tenth term after the term in which the work is performed.
56(6.1)A mineral claim shall not be renewed for more than one term at a time unless the excess referred to in subsection (6) equals or exceeds the dollar value of work required by the regulations to be performed
(a) for the subsequent term, if the renewal is for two terms, or
(b) for the subsequent two terms, in total, if the renewal is for three terms.
56(7)Excess dollar value of work determined under this section
(a) shall, subject to paragraph (b), be credited at the time it is determined by the Recorder;
(b) is transferable only among mineral claims
(i) that were recorded at the same time by or on behalf of the same person or persons and the claim areas of which are part of a group of contiguous claim areas that were contiguous at the time the mineral claims were recorded, or
(ii) that are part of one group of contiguous mineral claims grouped under section 58.1; and
(c) may be carried forward to a mining lease.
56(8)Repealed: 2009, c.35, s.41
56(9)Repealed: 2009, c.35, s.41
56(10)Notwithstanding subsection (1), where prior to the first renewal of a mineral claim the required work has not been performed, the first renewal only shall be granted if
(a) Repealed: 1991, c.57, s.4
(b) the fee prescribed by regulation has been paid,
but a second renewal shall not be granted unless the required work for both the first and second terms has been performed.
1989, c.25, s.2; 1991, c.27, s.26; 1991, c.57, s.4; 2009, c.35, s.41
Requirements for renewals
56(1)The holder of a mineral claim may register a renewal in the registry if the holder has complied with all provisions of this Act and the regulations pertaining to the claim and, with respect to each mineral claim to be renewed, submits, in the form and manner required by the Recorder,
(a) on or before the date of expiration of the claim,
(i) a statement, in the form and containing the information required by the Recorder, of all work performed in relation to the mineral claim since the date of registration of the claim or, if the claim has been renewed, the date of last renewal, including work performed in excess of required work, and
(ii) the fee prescribed by regulation for each term for which renewal is applied, and
(b) not later than thirty days after the effective date of the renewal of the claim, a report, in the form and containing the information required by the Recorder, containing evidence of the performance of the work described in the statement under subparagraph (a)(i) and a statement of costs, in the form and containing the information required by the Recorder, incurred in the performance of that work.
56(2)Notwithstanding the costs of work established by the holder of a mineral claim in a statement or report submitted under subsection (1), the Recorder may, after considering the report and any receipts or contracts required by him relating to the work performed, assign a dollar value to the work for the purposes of this Act and the regulations.
56(3)In determining a dollar value under subsection (2), if the Recorder is satisfied that
(a) costs documented in a report of work, receipt or contract exceed current commercial rates, or
(b) a length of time calculated for the performance of work significantly exceeds a reasonable length of time for performing that work, or
(c) unusual equipment, services, transportation or personnel is charged to the cost of the work,
he may exclude costs unless he has first received an explanation satisfactory to him for the excessive cost or length of time or for the unusual charge.
56(4)If the Recorder determines that a report of work, or any part of the report, is not in accordance with this Act, the Recorder shall return the report, or part of the report, to the prospector for amendment, and, if the Recorder has not received the required amendment within thirty days after the return, the work reported in the report or part of the report shall not be considered in the renewal of the mineral claim.
56(5)Where mineral claims, the claim areas of which are contiguous, are held by the same person, the required work in relation to the claims may be performed anywhere within that group of contiguous claim areas, the statement and report required by subsection (1) may cover the group of claims and the statement of the performance of the work submitted under subsection (1) shall indicate the claim area or areas on which the work was performed and the mineral claim or claims to which the whole of that work is to be applied.
56(6)If the dollar value of work performed in respect of a mineral claim, as determined by the Recorder, is in excess of that required under the regulations, the excess shall be credited by the Recorder towards the dollar value of work required to be done during a subsequent term or terms of the mineral claim, but no excess shall be credited beyond the tenth term after the term in which the work is performed.
56(6.1)A mineral claim shall not be renewed for more than one term at a time unless the excess referred to in subsection (6) equals or exceeds the dollar value of work required by the regulations to be performed
(a) for the subsequent term, if the renewal is for two terms, or
(b) for the subsequent two terms, in total, if the renewal is for three terms.
56(7)Excess dollar value of work determined under this section
(a) shall, subject to paragraph (b), be credited at the time it is determined by the Recorder;
(b) is transferable only among mineral claims
(i) that were recorded at the same time by or on behalf of the same person or persons and the claim areas of which are part of a group of contiguous claim areas that were contiguous at the time the mineral claims were recorded, or
(ii) that are part of one group of contiguous mineral claims grouped under section 58.1; and
(c) may be carried forward to a mining lease.
56(8)Repealed: 2009, c.35, s.41
56(9)Repealed: 2009, c.35, s.41
56(10)Notwithstanding subsection (1), where prior to the first renewal of a mineral claim the required work has not been performed, the first renewal only shall be granted if
(a) Repealed: 1991, c.57, s.4
(b) the fee prescribed by regulation has been paid,
but a second renewal shall not be granted unless the required work for both the first and second terms has been performed.
1989, c.25, s.2; 1991, c.27, s.26; 1991, c.57, s.4; 2009, c.35, s.41
Requirements for renewals
56(1)The Recorder shall not renew a mineral claim unless the holder of the claim has complied with all provisions of this Act and the regulations pertaining to the claim and, with respect to each mineral claim to be renewed, has submitted to the Recorder
(a) on or before the date of expiration of the claim
(i) a statement in the form prescribed by regulation of all work performed in relation to the claim since the date of recording the claim or, if the claim has been renewed, the date of last renewal, including work performed in excess of required work, and
(ii) the fee prescribed by regulation for each term for which renewal is applied, and
(b) not later than thirty days after the effective date of the renewal of the claim, a report in accordance with the regulations containing evidence of the performance of the work described in the statement under subparagraph (a)(i) and a statement of costs incurred in the performance of that work.
56(2)Notwithstanding the costs of work established by the holder of a mineral claim in a statement or report submitted under subsection (1), the Recorder may, after considering the report and any receipts or contracts required by him relating to the work performed, assign a dollar value to the work for the purposes of this Act and the regulations.
56(3)In determining a dollar value under subsection (2), if the Recorder is satisfied that
(a) costs documented in a report of work, receipt or contract exceed current commercial rates, or
(b) a length of time calculated for the performance of work significantly exceeds a reasonable length of time for performing that work, or
(c) unusual equipment, services, transportation or personnel is charged to the cost of the work,
he may exclude costs unless he has first received an explanation satisfactory to him for the excessive cost or length of time or for the unusual charge.
56(4)Where the Recorder determines that a report of work, or a part thereof, is not in accordance with this Act or the regulations, he shall return the report, or part thereof, to the applicant for amendment, and, if he has not received the required amendment within thirty days after the return, the work reported in the report or part thereof shall not be considered in the application for renewal.
56(5)Where mineral claims, the claim areas of which are contiguous, are held by the same person, the required work in relation to the claims may be performed anywhere within that group of contiguous claim areas, the statement and report required by subsection (1) may cover the group of claims and the statement of the performance of the work submitted under subsection (1) shall indicate the claim area or areas on which the work was performed and the mineral claim or claims to which the whole of that work is to be applied.
56(6)If the dollar value of work performed in respect of a mineral claim, as determined by the Recorder, is in excess of that required under the regulations, the excess shall be credited by the Recorder towards the dollar value of work required to be done during a subsequent term or terms of the mineral claim, but no excess shall be credited beyond the tenth term after the term in which the work is performed.
56(6.1)The Recorder shall not renew a mineral claim for more than one term at a time unless the excess referred to in subsection (6) equals or exceeds the dollar value of work required by the regulations to be performed
(a) for the subsequent term, if the renewal is for two terms, or
(b) for the subsequent two terms, in total, if the renewal is for three terms.
56(7)Excess dollar value of work determined under this section
(a) shall, subject to paragraph (b), be credited at the time it is determined by the Recorder;
(b) is transferable only among mineral claims
(i) that were recorded at the same time by or on behalf of the same person or persons and the claim areas of which are part of a group of contiguous claim areas that were contiguous at the time the mineral claims were recorded, or
(ii) that are part of one group of contiguous mineral claims grouped under section 58.1; and
(c) may be carried forward to a mining lease.
56(8)The holder of a mineral claim shall submit to the Recorder, not later than ninety days before the tenth anniversary of the date of recording of the claim and each fifth anniversary after the tenth anniversary, a technical progress report prepared in accordance with the regulations.
56(9)The holder of a mineral claim shall submit to the Recorder, on each fifth anniversary after the date of recording of the claim, a statement, in the form prescribed by regulation, verifying that the boundary lines and claim posts of the claim area or, where applicable, the external boundary lines and posts of the area of a group of contiguous claims have been inspected and that, where necessary, work has been performed to restore the boundary lines and claim posts to the conditions required by the regulations but the actual location of a post shall be changed only by authorization of the Recorder or order of the Mining Commissioner.
56(10)Notwithstanding subsection (1), where prior to the first renewal of a mineral claim the required work has not been performed, the first renewal only shall be granted if
(a) Repealed: 1991, c.57, s.4
(b) the fee prescribed by regulation has been paid,
but a second renewal shall not be granted unless the required work for both the first and second terms has been performed.
1989, c.25, s.2; 1991, c.27, s.26; 1991, c.57, s.4