Acts and Regulations

M-14.1 - Mining Act

Full text
Rights and liabilities, effect of restaking claim
60(1)Where a registered mineral claim expires or is surrendered or cancelled under this Act, the person who held the claim may, within six months after that expiry, surrender or cancellation, remove any structure, equipment, machinery or other property that he may have placed or erected on the claim area.
60(2)Where the holder of a registered mineral claim is not the owner of the surface, the ownership of any structure, equipment, machinery or other property placed or erected on the claim area by the holder and remaining after the expiry of the time prescribed in subsection (1) vests, subject to any agreement with the owner of the surface, in the Crown and may be sold, leased or otherwise disposed of by the Minister.
60(3)Where a mineral claim expires or is surrendered or cancelled, the person who held the mineral claim continues to be liable for any obligation for which he was liable under this Act or the regulations immediately before the expiry, surrender or cancellation.
60(4)On the expiry or surrender of a mineral claim, the claim area of the expired or surrendered mineral claim is withdrawn from prospecting and registration of mineral claims until 10 a.m. on the seventh day after the date of the expiry or surrender, and the person who previously held the claim, or by anyone in his or her name, shall not in any case register in the registry any mineral claim unit that was included in the claim area of the expired or surrendered mineral claim before 10 a.m. on the fourteenth day after the date of the expiry or surrender.
2009, c.35, s.46
Rights and liabilities of holder of claim that expires or is surrendered or cancelled
60(1)Where a recorded mineral claim expires or is surrendered or cancelled under this Act, the person who held the claim may, within six months after that expiry, surrender or cancellation, remove any structure, equipment, machinery or other property that he may have placed or erected on the claim area.
Rights and liabilities of holder of claim that expires or is surrendered or cancelled
60(2)Where the holder of a recorded mineral claim is not the owner of the surface, the ownership of any structure, equipment, machinery or other property placed or erected on the claim area by the holder and remaining after the expiry of the time prescribed in subsection (1) vests, subject to any agreement with the owner of the surface, in the Crown and may be sold, leased or otherwise disposed of by the Minister.
Rights and liabilities of holder of claim that expires or is surrendered or cancelled
60(3)Where a mineral claim expires or is surrendered or cancelled, the person who held the mineral claim continues to be liable for any obligation for which he was liable under this Act or the regulations immediately before the expiry, surrender or cancellation.
Effect of restaking expired or surrendered claim
60(4)Upon the expiry or surrender of a recorded mineral claim, the claim area of the expired or surrendered mineral claim is thereupon withdrawn from prospecting and staking until 8 a.m. on the first day the Recorder’s office is open for business following the twentieth day after the date of such expiry or surrender, and shall not in any case be restaked by the person who previously held the claim, or by anyone in his name, before 8 a.m. on the sixty-third day after the date of that expiry or surrender.