Interpretation

1  (1)  In this regulation:

"Act" means the Mineral Tenure Act;

"recreation area" means a recreation area or part of a recreation area that is designated under section 2.

(2)  For the purpose of this regulation, terms defined in section 1 of the Mineral Tenure Act Regulation, B.C. Reg. 297/88, have the same meaning in this regulation.

 Designation

2  On the joint recommendation of the minister and the Minister Responsible for Parks, each Provincial Recreation Area, established under the Park Act, that is listed in the attached schedules is designated a "recreation area" under section 23 of the Act.

 Authorization

3  A free miner or employees of a free miner may enter a recreation area to explore for minerals but only a free miner may locate.

 Locating a mineral claim

4  A mineral claim in a recreation area shall be acquired by the method set out for a 1 post claim under the Mineral Tenure Act Regulation as of April 17, 1989.

 Priority

5  The location time and date which is inscribed on the metal tag on the legal corner post shall determine the priority of a mineral claim located under this regulation.

 Record of claim

6  (1)  The locator shall, within 5 days of locating a mineral claim, record the claim

(a) in the office of the gold commissioner of the mining division in which the recreation area is located,

(b) in the office of the gold commissioner of the mining division which is designated by the chief gold commissioner where the recreation area lies within 2 or more mining divisions, or

(c) in the office of the Vancouver Mining Division.

(2)  The recording fee shall be based on the area claimed and shall be calculated on the basis of $5 per unit.

 Work on claim

7  (1)  Exploration and development work on a mineral claim shall be that required of a recorded holder of a mineral claim under section 19 of the Mineral Tenure Act Regulation.

(2)  Subject to section 23 (4) of the Act, the recording of title maintenance under sections 29 and 30 of the Act shall only be made at the offices described under section 7 (1).

 Report

8  All exploration and development done by a free miner in a recreation area must be reported to the chief gold commissioner as required by section 33 of the Act.

 Complaints as to title

9  Anything done under this regulation may be challenged to the extent provided under section 40 of the Act.

 Authorization to enter

10  (1)  A free miner who wants to locate a mineral claim under this regulation may enter a recreation area on foot, by air, or by a mechanical means on an existing trail or road as permitted by the Regional Director of Parks.

(2)  A free miner who proposes to use any other means of entry that would cause a disturbance to the land surface shall first apply to the Regional Director of Parks for a resource use permit authorizing the proposed means of entry and, subject to subsection (3), a permit shall be issued promptly.

(3)  The Regional Director of Parks shall, after receipt of the request under subsection (2), notify the Chief Inspector of Mines respecting the request and shall only refuse a resource use permit for this purpose if the Chief Inspector of Mines agrees with the refusal.

(4)  An applicant under subsection (2) shall not enter the recreation area by the proposed means until a resource use permit is issued.

 Hand equipment

11  Approval under the Mines Act and the Park Act is not required for any mineral exploration or prospecting activity on or off a mineral claim in a recreation area which only involves the use of hand equipment for prospecting, claim staking, geological mapping or geochemical surveys, or the use of hand tools for drilling.

 Recorded holder

12  A free miner, the employees of a free miner and a recorded holder who, in the carrying out of the business of exploration, development and mining of minerals in a recreation area, propose to undertake

(a) an activity that utilizes mechanical equipment which causes a disturbance to the land surface,

(b) the establishment of a camp with trailers or tent frames, or any camp in one location for a period greater than 5 days,

(c) linecuttings,

(d) trenching by mechanical means or exceeding a total volume of 500 cubic meters,

(e) hydraulicking or sluicing, or

(f) trail or road construction,

shall require approval under

(g) the Mines Act where the work is on a mineral claim, or

(h) the Park Act where the work is off a mineral claim.

 Notice

13  No recorded holder shall commence an activity that requires approval under this regulation until

(a) a notice of work and reclamation program as prescribed under the Mines Act is submitted by the recorded holder or an agent of the recorded holder to the Chief Inspector of Mines,

(b) a reclamation permit has been issued, and

(c) a resource use permit has been issued if required under this regulation.

 Approval of activities

14  (1)  Upon receipt of a notice of work and reclamation program pertaining to activities on or off a mineral claim, the Chief Inspector of Mines shall refer the application to the Regional Director of Parks.

(2)  The Regional Director of Parks shall, after receipt of the referral under subsection (1), make recommendations to the Chief Inspector of Mines with respect to the terms and conditions of any approval of activities on or off a mineral claim.

(3)  Subject to subsection (4), the approval of the notice of work and reclamation program pertaining to activities on or off a mineral claim shall be under the authority of a reclamation permit issued by the Chief Inspector of Mines on terms and conditions jointly agreed to by the Regional Director of Parks and the Chief Inspector of Mines.

(4)  The approval of the notice of work and reclamation program pertaining to activities off a mineral claim shall also require the authority of a resource use permit issued by the Regional Director of Parks on terms and conditions jointly agreed to by the Regional Director of Parks and the Chief Inspector of Mines.

 Security

15  (1)  Every free miner, and every agent of a free miner, who is the recorded holder of a mineral title in a recreation area shall give security for each area for which a reclamation permit or resource use permit, or both, is issued.

(2)  The security required under subsection (1) shall be jointly determined by the Chief Inspector of Mines and the Regional Director of Parks and may be for any or all of the purposes and amounts as follows:

(a) for reclamation of minimal site disturbance including removal of garbage, $1 per ha, but not less than $400 or greater than $2 000;

(b) to mobilize and demobilize personnel and equipment by air or land into a site requiring reclamation, not less than $500 per ha or greater than $5 000 per ha;

(c) to restore a site including land surface restoration, not less than $500 per ha or greater than $5 000 per ha;

(d) for environmental sensitivity of the site disturbed including the potential to affect watercourses or to cause erosion, not less than $500 per ha or greater than $2 500 per ha;

(e) where the Chief Inspector of Mines and the Regional Director of Parks agree that the nature of the disturbance is such that the maximum amounts under paragraphs (a) to (d) are not sufficient to adequately cover reclamation, a contingency amount of $10 000 per ha but not greater than $100 000.

 Release of security

16  The release of the security provided under section 15 is subject to completion of all the conditions of the reclamation permit and the resource use permit to the satisfaction of the Chief Inspector of Mines and the Regional Director of Parks.

 Publication

17  For the purposes of section 23 (4) (a) and (b) of the Act, publication in the British Columbia Gazette of a notice

(a) that an evaluation report of mineral potential of a recreation area is available, or

(b) that a recreation area is to become a park or a part of a park,

is the date of first publication of the evaluation or notice.

 Reference

18  Where under this regulation a matter requires the joint agreement of the Chief Inspector of Mines and the Regional Director of Parks and they do not agree, the matter may be referred to the Environment and Land Use Committee established under the Environment and Land Use Act, and the committee may resolve the matter by whatever means is permitted under that Act.

 Exception

19  (1)  Notwithstanding the designation under section 2 of Kwadacha Recreation Area and Tweedsmuir Recreation Area - Lindquist Lake Site as recreation areas, Part 1 of this regulation does not apply to Parcel A in Kwadacha Recreation Area and Parcel B in Tweedsmuir Recreation Area - Lindquist Lake Site unless otherwise specified in this Part.

(2)  This Part applies only to Parcel A in Kwadacha Recreation Area and Parcel B in Tweedsmuir Recreation Area - Lindquist Lake Site.

 Call for proposal

20  (1)  The right to acquire a mineral claim in Parcel A in Kwadacha Recreation Area or Parcel B in Tweedsmuir Recreation Area - Lindquist Lake Site shall only be granted to a free miner who, in response to a Call For Proposal issued by the minister, submits a proposal to explore for and develop the mineral resources of Parcel A or Parcel B, or both, and that proposal is considered by the minister to constitute the most appropriate proposal.

(2)  The minister may

(a) reject any or all submissions in response to a Call For Proposal,

(b) cancel a Call For Proposal and issue a new Call For Proposal, or

(c) where a free miner forfeits a mineral title under section 24 (1), accept any other proposal previously submitted and considered by the minister to constitute an appropriate proposal.

 Terms of reference

21  (1)  The minister shall establish terms of reference for the Call For Proposal.

(2)  Without limiting subsection (1), the terms of reference may require information respecting

(a) all principals involved in the proposal including their corporate financial background, documented experience and capabilities in mining, exploration, reclamation and related activities,

(b) the proposed exploration expenditure commitment to the property and a description of exploration plans and schedules,

(c) plans for the recovery of identified resources and any underground exploration including estimated capital and operating costs,

(d) plans for the recovery of metals from mill tailings including estimated capital and operating costs,

(e) proposed sources of funding for plans under paragraphs (c) and (d), and

(f) proposals for protecting the environment and previous experience with reclamation projects.

 Cash bid

22  (1)  A free miner whose proposal is accepted must submit to the minister, as a cash bid, a percentage of the value of the work program proposed for the parcel or parcels in the first year.

(2)  The percentage under subsection (1) shall be set by the minister in the Call For Proposal.

 Right to acquire claim

23  A free miner whose proposal is accepted shall, for the parcel granted, be given the right to acquire a mineral claim to that parcel as provided under sections 4 to 8 of this regulation.

 Exploration and development work

24  (1)  Subject to subsection (2), a free miner whose proposal is accepted must perform the exploration and development work outlined in the proposal or the mineral title shall forfeit to and vest in the Crown at the end of the day which is the anniversary date.

(2)  Where the free miner fails to perform the work outlined in the proposal, the minister may

(a) require the payment of cash in lieu of work, or

(b) extend the time, not to exceed 2 years, for performance of the work.

(3)  A payment of cash in lieu under subsection (2) (a) shall be in an amount that reflects the value of work outlined in the proposal which was not performed.

(4)  Where a payment of cash in lieu is made under subsection (2) (a), the free miner may, within the following 2 year period, perform the work required under the proposal to the satisfaction of the minister and the cash payment shall be returned to the free miner.

Commencing at the summit of Mount Politica, said summit being a point on the International Boundary between British Columbia and Alaska; thence due east to a point on the easterly boundary of the watershed of Hoboe Creek; thence northerly along said boundary of the watershed of Hoboe Creek, and the easterly boundary of the watershed of Willison Bay to its intersection with the natural boundary of Willison Bay, on the south shore thereof in the vicinity of Willison Point; thence due west to a point on the northerly boundary of the watershed of Willison Bay; thence westerly and southerly along the northerly and westerly boundaries of the watershed of Willison Bay and Willison Creek to the point of commencement, and containing 38 445 hectares, more or less.

Commencing at the point of intersection of the 3 200 foot (975.36 m) contour, Yale Division of Yale District and the north boundary of E.C. Manning Park, said point lying 550 metres south and 550 metres west, more or less, of elevation marker 5251, as shown on NTS Topo Map 92H/3, lying west of Snass Creek; thence in a general easterly direction along said park boundary, as shown on Topo Maps 92H/3 and 92H/2, to a point thereon, said point lying on the easterly boundary of the watershed of Skaist River; thence in a general northerly direction along said watershed boundary to the point of intersection with the southerly boundary of the watershed of Granite Creek; thence in a general northerly direction along said watershed boundary to the summit of Granite Mountain; thence northwest in a straight line to the point of intersection of the left bank natural boundary of Coates Creek and the right bank natural boundary of Holding Creek, said point of intersection lying 3 800 metres west and 600 metres north, more or less, from the summit of Granite Mountain; thence due west to the left bank natural boundary of Holding Creek; thence in a general northerly direction along said natural boundary to the point of intersection with the Tulameen River natural boundary on the right bank thereof; thence N 82 W a distance of 1 550 metres, more or less, to the height of land forming the northerly boundary of an unnamed creek; thence in a general westerly direction along said watershed boundary to the point of intersection with the height of land forming the easterly boundary of the watershed of Podunk Creek; thence in a general southwesterly direction along said southerly watershed boundary to the point of intersection with the westerly boundary of the watershed of Snass Creek; thence in a general southerly direction along said westerly boundary to a point thereon, said point being elevation marker 5251; thence southwesterly in a straight line to the point of commencement.

The whole containing 16 680 hectares, more or less.

Commencing at the northeast corner of the Northeast Quarter of Section 11, Township 8, Range 23, W6M, said corner lying on the boundary of Nicola Provincial Forest as shown on Edition 2 of the National Topographic Series Map 92H/11; thence westerly and southerly along the aforementioned boundary to the southwest corner of the Northeast Quarter of said section; thence S 75° W 1 450 metres, more or less, to a height of land forming the southerly boundary of the watershed of Coldwater River; thence westerly along said southerly boundary to Zupjok Peak; thence in a general southerly direction along a height of land forming the watershed boundary between Anderson River and Boston Bar Creek to a point lying due west of Yak Peak; thence S 61° E 900 metres, more or less, to a height of land; thence S 14° E 900 metres, more or less, to a point of intersection with the natural boundary of Boston Bar Creek on the left bank thereof; thence S 12° W 2 550 metres, more or less, to a height of land, said height of land being 4 700 metres south, more or less, of Zupjok Peak; thence in a general southerly direction along a height of land forming the easterly watershed boundary of Boston Bar Creek to the point of intersection with the southerly boundary of the watershed of Needle Creek; thence in a general easterly direction along a height of land forming the southerly watershed boundary of Needle Creek to a point, said point lying 6 900 metres south and 2 100 metres east, more or less, of Zupjok Peak; thence N 55° E 700 metres to a point, said point lying due west of the southwest corner of Section 18, Township 7, Range 23, W6M, as shown on Edition 2 of the National Topographic Series Map 92 H/11; thence due east to a point 150 metres east of the natural boundary of the Coquihalla River on the right bank thereof; thence in a general northeasterly direction along a line parallel to and 150 metres perpendicularly distant from the right bank of the natural boundary of said river, to a point, said point being 2 400 metres south and 6 900 metres east, more or less, of Zupjok Peak; thence in a general southeasterly direction along a height of land forming the easterly watershed boundary of Baldwin Creek to a point, said point lying on the boundary of Similkameen Provincial Forest as shown on Edition 2 of the National Topographic Series Map 92 H/11; thence in a general northerly direction along the aforementioned boundary to a point thereon, said point lying 3 250 metres south and 6 900 metres east, more or less, of Zupjok Peak; thence in a general northeasterly direction along a height of land forming the westerly watershed boundary of Britton Creek to a point, said point lying 1 100 metres north and 10 550 metres east, more or less, of Zupjok Peak; thence due east 600 metres, more or less, to a point of intersection with the 121° 00' meridian of west longitude; thence due north 450 metres, more or less, along the aforementioned meridian to a point of intersection with the southerly boundary of Section 12, Township 8, Range 23, W6M, as shown on Edition 2 of the National Topographic Series Map 92 H/11; thence due east to the southeast corner of said section; thence due north to the northeast corner of said section; thence due west 450 metres, more or less, to a point of intersection with the 121° 00' meridian of west longitude; thence due south 650 metres, more or less, along the aforementioned meridian to a point lying 950 metres north, more or less, of the southerly boundary of Section 12, Township 8, Range 23, W6M; thence west in a straight line 400 metres, more or less, to a point, said point lying due south of the point of commencement; thence due north to the point of commencement. Except thereout: That portion of the roadway identified as being part of the Coquihalla Highway lying within the boundaries of the recreation area, more particularly described on Plans 9T1337, 10T1337 and 15T1351 as filed in the office of the Surveyor General Branch of the Ministry of Crown Lands, Victoria, B.C. The whole containing 5 750 hectares, more or less.

Commencing at the point of intersection of the westerly boundary of the watershed of Mussel River with the boundary between Range 3, Coast Land District and Range 4, Coast Land District; thence northerly and easterly along the westerly and northerly boundaries of said Mussel River to the westerly boundary of the watershed of Kalitan Creek, being also the southwesterly boundary of the watershed of Tezwa River; thence southeasterly and easterly along the southwesterly and southerly boundaries of Tezwa River to the easterly boundary of Lard Creek; thence southerly and westerly along the easterly and southerly boundaries of Lard Creek to the southerly boundary of the watershed of the creeks flowing north into Kynoch Inlet; thence westerly along said southerly boundary to the southerly boundary of the watershed of an unnamed lake; thence westerly along the southerly boundary of the watershed of said unnamed lake, and continuing in a westerly direction along the southerly boundary of the watershed of the unnamed creek which drains the aforementioned lake, to the natural boundary of Mathieson Channel, on the east shore thereof; thence westerly in a straight line to a height of land 100 metres east and 4 000 metres north, more or less, of the southernmost point on Pooley Point; thence northerly along the westerly boundary of the watershed of the creeks flowing easterly into Mathieson Channel to a point 1 300 metres west and 3 900 metres south, more or less, of the most northerly point on Mathieson Point; thence N 25° W to the easterly boundary of the watershed of an unnamed creek flowing southerly into Bolin Bay; thence northerly along said easterly boundary to a southerly boundary of McAlpin Creek; thence westerly and northerly along the southerly and westerly boundaries of McAlpin Creek to an easterly boundary of Joe Creek; thence northerly along said easterly boundary of Joe Creek to a westerly boundary of the watershed of Lizette Lake; thence northerly and northeasterly along the westerly and northwesterly boundaries of the watershed of Lizette Lake to a westerly boundary of the watershed of Mussel River; thence northerly along said westerly boundary to the point of intersection of the westerly boundary of Mussel River with the boundary between Range 3, Coast Land District and Range 4, Coast Land District, being the point of commencement.

The whole containing 91 000 hectares, more or less.

Commencing at the point of intersection of the natural boundary of Gitnadoix River, on the right bank thereof, and the natural boundary of Skeena River, on the left bank thereof; thence easterly along the said natural boundary of Skeena River to the point of intersection with the east boundary of the watershed of Gitnadoix River; thence in a general southerly, then westerly, then northerly direction along the east, south and west boundaries of said watershed to the point of intersection with natural boundary of Skeena River, on the left bank thereof; thence in a general easterly direction along said natural boundary to the point of commencement. Except: District Lots 7181, 7182, 7183, 7184, 7185, and 7186; All land covered by water known as Alastair Lake, and a 500 metre strip measured from the natural boundary surrounding Alastair Lake; All land covered by water known as Gitnadoix River from the headwaters of the main channel to the northern boundary of the Recreation Area; a 500 metre strip measured from the natural boundary of the Gitnadoix River on either side thereof; A trumpeter swan nesting area located in a marsh along the natural boundary of the Gitnadoix River below the 200 foot contour; generally described as lying north of Alastair Lake and south of an unnamed creek which flows westerly into Gitnadoix River, said creek lying 1 400 metres, more or less, north of the northeast corner of District Lot 7186, and shown on National Topographic Series Topo Maps 103I/6E and 3E, Edition 1.

Commencing at the summit of Intersection Mountain, Peace River District, said summit lies on the Alberta/British Columbia border; thence in a general westerly direction along the northerly boundary of the watershed of Forgetmenot Creek watershed to an unnamed summit thereon, said summit lying 1.95 kilometres north and 2 kilometres east, more or less, of Idol Peak; thence northerly along the height of land forming the boundary between the watersheds of two unnamed creeks, tributary to Bastille Creek, to the left bank natural boundary of Bastille Creek; thence due north to the right bank natural boundary of Bastille Creek; thence in a general westerly direction along said natural boundary a distance of 1.3 kilometres, more or less, to a point thereon, said point lying due north of Idol Peak; thence in a general northerly direction along the height of land forming the easterly boundary of the watershed of an unnamed creek to the summit of Mount Buchanan; thence 347° a distance of 3 kilometres, more or less, to the point of intersection with the right bank natural boundary of Buchanan Creek; thence 262° a distance of 5.7 kilometres, more or less, to a point lying 5.35 kilometres due south of the summit of Wishaw Mountain, said point also lying due east of the summit of Obelisk Peak; thence due west 3.4 kilometres; thence due north 7.1 kilometres; thence due west 2.8 kilometres; thence due south 8.9 kilometres, more or less, to the point of intersection with the 1 060 metres (3 500 ft) contour; thence 231° a distance of 6.5 kilometres, more or less, to a point lying due south of the summit of Mt. Sir Alexander; thence due west 2.5 kilometres; thence 314° a distance of 10 kilometres, more or less, to a point which lies 9.1 kilometres due west of Nilah Peak; thence 46° a distance of 4.2 kilometres; thence 317° a distance of 2.4 kilometres; thence 45° a distance of 2.1 kilometres, more or less, to the left bank natural boundary of the southern fork of Kitchi Creek; thence in a general westerly direction along said natural boundary to the point of intersection with the left bank natural boundary of the main stream of Kitchi Creek; thence due west 4.8 kilometres, more or less, to an unnamed peak; thence 326° a distance of 6.5 kilometres, more or less, to an unnamed peak; thence north-east in a straight line, a distance of 6 kilometres, to the summit of Kisano Mountain; thence northwest in a straight line to the summit of Nechamus Mountain, said mountain lying on the northerly boundary of the watershed of Jarvis Creek; thence in a general northeasterly direction along the northerly boundary of the watershed of Jarvis Creek to the point of intersection with the northerly boundary of the watershed of McGregor River, said boundary also being the boundary between Cariboo Land District and Peace River Land District; thence in a general northerly direction along said land district boundary to a point thereon, said point lying due west of the summit of Mount Gorman; thence due east to the summit of Mount Gorman, said summit also lying on the British Columbia/Alberta border; thence southerly along the said border to the summit of Mt. Intersection, being the point of commencement.

Except: All land covered by the water of Kakwa Lake, and a 500 metre strip surrounding the natural boundary of Kakwa Lake.

  (1)  That part of District Lot 1031 lying east of Kettle River and west of Kettle River East Road, being Forest Development Road 5456.

(2)  That part of District Lot 2605s, Kootenay Land District, lying east of Kettle River and west of Kettle River East Road, except that part covered by District Lot 2040s.

(3)  That part of District Lot 1081s, Kootenay Land District, lying east of Kettle River and west of Kettle River East Road, except District Lot 2891s.

(4)  That part of District Lot 2704s lying east of Kettle River, south of District Lot 1030 and North of District Lot 1031.