Section 1 definition of "protected heritage property", paragraph (c) BEFORE amended by 2000-7-234, effective January 1, 2001 (BC Reg 399/2000).
(c) included under section 880 (3) (b) of the Local Government Act in a schedule to an official community plan;
Section 1 definitions of "anniversary date" and "legal corner post" BEFORE repealed by 2004-22-1(a), effective January 12, 2005 (BC Reg 529/2004).
"anniversary date" means the date that is the annual occurrence of the date of record of a claim, or date of issue of a lease, and includes a common date for mineral titles grouped in accordance with the regulations;
"legal corner post" means a post or cairn that has been placed and marked in accordance with the regulations, and that establishes the point from which the location of a claim is determined;
Section 1 definitions of "claim", "exploration and development", "lease", "mining lease", "placer lease" and "recorded holder" BEFORE amended by 2004-22-1(b), effective January 12, 2005 (BC Reg 529/2004).
"claim" means a mineral claim or a placer claim;
"exploration and development" means prospecting and exploring, surveying performed by a British Columbia land surveyor, geological surveying, drilling, bulk sampling and other activities that may be prescribed;
"lease" means a mining lease or placer lease;
"mining lease" means a mining lease issued under section 42, and includes any lease of minerals issued under any of the former Acts;
"placer lease" means a placer lease issued under section 45 and includes any lease of placer minerals issued under any of the former Acts;
"recorded holder" means a person whose name appears as the owner of the mineral title on the record of that title in the gold commissioner's office of the mining division in which the title is located, and includes the agent of that person;
Section 1 definitions of "cell", "cell claim", "expiry date", "legacy", "register" and "registry" were added by 2004-22-1(c), effective January 12, 2005 (BC Reg 529/2004).
Section 1 definition of "locate" and "location" BEFORE amended by 2007-8-44, effective March 29, 2007 (Royal Assent).
"locate" and "location" refer to the identification on the ground of a mineral title, whether by means of marks, posts or otherwise, that is carried out in accordance with the regulations;
Section 1 definition of "protected heritage property" BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
"protected heritage property" means land or an object that is
(a) protected under section 13 of the Heritage Conservation Act,
(b) designated under section 967 of the Local Government Act or section 593 of the Vancouver Charter, or
(c) included under section 970.1 (3) (b) of the Local Government Act in a schedule to an official community plan;
Section 1 definition of "protected heritage property", paragraph (a) BEFORE amended by 2019-26-35, effective May 30, 2019 (Royal Assent).
(a) protected under section 13 of the Heritage Conservation Act,
Section 4 (1) BEFORE amended by 2004-22-2(a), effective January 12, 2005 (BC Reg 529/2004).
(1) There may be appointed under the Public Service Act a gold commissioner for each mining division and a chief gold commissioner for British Columbia.
Section 5 (2) (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(2) Any notice or information that the chief gold commissioner is required to give to a recipient under this Act or the regulations may be given
Section 6 BEFORE re-enacted by 2004-22-4, effective January 12, 2005 (BC Reg 529/2004).
Records and inspection
6 (1) There must be maintained in the office of the gold commissioner for each mining division a record of each claim recorded and of each lease issued within the division.
(2) Any person may, on payment of the prescribed fee and under the direction of the gold commissioner, search, or have searches made of, the record of a mineral title.
(3) If the search is carried out for a person by the gold commissioner, the person is entitled to a report of the record.
(4) For the proper protection of the records, the chief gold commissioner may make rules respecting the manner of conducting searches and the circumstances in which searches must be carried out by the gold commissioners on behalf of applicants.
Part 1.1, sections 6.1 to 6.3 were enacted by 2004-22-5, effective January 12, 2005 (BC Reg 529/2004).
Section 6.32 (1) BEFORE amended by BC Reg 341/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 341/2006).
(1) A recorded holder of a mineral claim or a placer claim who wishes to convert the claim to a mining lease or placer lease under section 4 or 45 must register an application for the lease.
Part 1.1, sections 6.5 to 6.7 were enacted by 2004-22-5, effective January 12, 2005 (BC Reg 529/2004).
Part 1.1, sections 6.8 to 6.9 were enacted by 2004-22-5, effective January 12, 2005 (BC Reg 529/2004).
Section 7 BEFORE re-enacted by 2004-22-6, effective January 12, 2005 (BC Reg 529/2004).
Free miners
7 (1) A locator or a person for whom a location is carried out must be a free miner.
(2) Except as permitted by regulation, a person must not apply for a record of a claim unless that person is both the locator of the claim and a free miner.
(3) Exploration and development must not be recorded under section 29 or 30 unless the recorded holder is a free miner.
(4) Despite section 57, a person must not be recorded as a holder of a mineral title unless that person is a free miner.
Section 8 (2) (a) BEFORE amended by 2002-25-40, effective May 9, 2002 (Royal Assent).
(a) a person
(i) age 18 or over and ordinarily a resident of Canada for not less than 183 days in each calendar year or authorized to work in Canada, and
(ii) who demonstrates, to the satisfaction of a gold commissioner, a minimum prescribed standard of knowledge respecting mineral exploration and integrated resource management principles in British Columbia,
Section 8 (1) (a) BEFORE amended by 2003-70-216, effective March 29, 2004 (BC Reg 64/2004).
(a) a company as defined in the Company Act or the Company Clauses Act, or a corporation registered as an extraprovincial company under the Company Act,
Section 8 (5) BEFORE amended by 2004-22-7(a), effective January 12, 2005 (BC Reg 529/2004).
(5) Without limiting section 7 (1), a person may hold a mineral title without holding a free miner's certificate.
Section 10 (1) BEFORE amended by 2004-22-8(a), effective January 12, 2005 (BC Reg 529/2004).
(1) If the chief gold commissioner is satisfied that a free miner has, with respect to activities related to the operation or use of a mineral title, contravened this Act, the regulations, the Criminal Code, the Heritage Conservation Act, the Mines Act, the Mining Right of Way Act or the Health, Safety and Reclamation Code for Mines in British Columbia, the chief gold commissioner must notify the free miner
(a) of the particulars of the contravention, and
(b) of the chief gold commissioner's intention to cancel the free miner's certificate,
and the free miner may, within 30 days after service of the notice, request a hearing. A copy of such notice must be provided to the minister.
Section 10 (3) (a) BEFORE amended by 2004-22-8(b), effective January 12, 2005 (BC Reg 529/2004).
(a) the chief gold commissioner must serve a notice of the cancellation on the person affected, and to the minister, and
Section 11.1 (2) BEFORE amended by 2002-26-8 effective June 20, 2003 (BC Reg 232/2003).
(2) A recorded holder of a mineral title or an owner of a Crown granted 2 post claim must be issued a special use permit under the Forest Practices Code of British Columbia Act, subject to any applicable higher level plan under that Act and to any terms and conditions set by the issuing authority, for the construction of appropriate access to the area of that mineral title or Crown granted 2 post claim for mining exploration, if the recorded holder or owner
Section 11 (2) (h) BEFORE repealed by 2004-22-9, effective April 29, 2004 (Royal Assent).
(h) land in a recreation area, as defined in section 23, except as permitted by that section.
Section 12(1) BEFORE amended by 2004-22-10, effective January 12, 2005 (BC Reg 529/2004).
(1) A mineral claim, a placer claim or placer lease are individual and distinct mineral titles constituted, acquired and maintained independently by different methods of location or by separate acquisition.
Section 13 (6) (a) BEFORE amended by 2004-22-11, effective January 12, 2005 (BC Reg 529/2004).
(a) if the dispute is between persons referred to in subsection (1) (a), the person whose mineral title was first located, and
Section 13 (9) BEFORE repealed by 2007-9-89, effective June 21, 2007 (BC Reg 226/2007).
(9) For the purpose of making a determination under this section, the chief gold commissioner has the powers, privileges and protection of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
Section 13 (1) (d) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(d) the exercise of rights conferred by or under this Act or any of the former Acts,
Section 13 (1) BEFORE amended by 2023-10-590, effective March 30, 2023 (Royal Assent).
(1) If a dispute arises between
(a) recorded holders on the same mineral lands, or
(b) a recorded holder of a mineral title and a person having a right under another enactment to a mineral substance in the lands to which the mineral title relates,
respecting
(c) whether a substance is a mineral, a mineral substance or a placer mineral, or
(d) the exercise of rights conferred under this Act or any of the former Acts,
the issue must, on application to the chief gold commissioner by a party to the dispute and subject to subsection (2), be decided by the chief gold commissioner, and the chief gold commissioner may make any order he or she considers appropriate.
Section 14 (3) and (4) BEFORE amended by 2003-31-81, effective November 4, 2003 (BC Reg 403/2003).
(3) Subject to the terms and conditions set by the issuing authority under the Forest Act, a recorded holder of a mineral title that is not in production must on request be issued either a free use permit or a licence to cut under that Act at the option of the government.
(4) The recorded holder of a mineral title that is in production or being prepared for production must on request be issued a licence to cut under the Forest Act, subject to terms and conditions set by the issuing authority.
Section 14 (5) (b) BEFORE amended by 2003-90-12, effective November 20, 2003 (Royal Assent).
(b) a park under the Park Act or the Park (Regional) Act;
Section 15 (2) BEFORE amended by 2004-22-12, effective January 12, 2005 (BC Reg 529/2004).
(2) For the purposes of subsection (1), the minister may dispose of the surface rights to that holder
(a) in whole or in part,
(b) on the terms and conditions the minister considers to be in the public interest, and
(c) on payment of an amount set by the minister based on the value of the unimproved land.
Section 16 (1) and (2) BEFORE amended by 2004-22-13, effective January 12, 2005 (BC Reg 529/2004).
(1) If an application to acquire surveyed Crown land is received by a commissioner under the Land Act before a claim is located on that land, and the application results in an acquisition under that Act, the rights with respect to the acquisition of the surface of the land have priority over the rights with respect to a claim subsequently located on that land.
(2) If an application to acquire unsurveyed Crown land is received by a commissioner under the Land Act and
(a) staking of the land under that Act for the purpose of the application is completed before a claim is located on that land, or
(b) the application results in acquisition under that Act,
the rights with respect to the acquisition of the surface of the land have priority over the rights with respect to a claim subsequently located on that land.
Section 16 (3) (c) BEFORE amended by 2010-9-9, effective October 4, 2010 (BC Reg 274/2010).
(c) by order of the Mediation and Arbitration Board in a settlement under section 19 (4), or
Section 17 (3) BEFORE amended by 2004-22-14, effective January 12, 2005 (BC Reg 529/2004).
(3) An order under subsection (1) must be served on the recorded holder.
Section 18 (3) BEFORE repealed by 2004-22-15(a), effective January 12, 2005 (BC Reg 529/2004).
(3) The chief gold commissioner may delegate his or her powers under subsections (1) and (2) to a person appointed under section 4.
Section 18 (4) BEFORE amended by 2004-22-15(b), effective January 12, 2005 (BC Reg 529/2004).
(4) The chief gold commissioner may cancel the claim of a recorded holder who deliberately fails to comply with
(a) an order of the chief gold commissioner or other person under this section,
(b) this Act or the regulations,
(c) the Mines Act or the Health, Safety and Reclamation Code for Mines in British Columbia,
(d) the protection of a protected heritage property under the Heritage Conservation Act, or
(e) any enactment under which a mining activity has been or is required to be authorized.
Section 18 (5) BEFORE amended by 2004-22-15(a), effective January 12, 2005 (BC Reg 529/2004).
(5) Notice of cancellation of a claim under subsection (4) must be served on the recorded holder.
Section 19 (1) (b) BEFORE amended by 2004-22-16(a), effective January 12, 2005 (BC Reg 529/2004).
(b) provides, within 30 days after serving the notice required by paragraph (a), a copy of the notice to the gold commissioner for that mining division and to the district inspector appointed under the Mines Act.
Section 19 (3) and (4) BEFORE amended by 2004-22-16(b), effective January 12, 2005 (BC Reg 529/2004).
(3) On receipt by the gold commissioner of an application from a free miner, recorded holder, owner or other person who, in the opinion of the gold commissioner, has a material interest in the surface, the gold commissioner must use his or her best efforts to settle issues in dispute between them arising from rights acquired under this Act in respect of entry, taking of right of way, use or occupation, security, rent or compensation.
(4) If the gold commissioner is unable to settle the dispute to the satisfaction of the parties to the dispute, the Mediation and Arbitration Board under the Petroleum and Natural Gas Act has, on application by a party to the dispute, authority to settle the issues in dispute and, for this purpose, the relevant provisions of Part 3 of the Petroleum and Natural Gas Act apply.
Section 19 (1) BEFORE amended by 2007-8-46, effective June 2, 2008 (BC Reg 78/2008).
(1) A person must not commence a mining activity by a method using mechanical equipment that disturbs the surface unless the recorded holder
(a) first serves written notice on the owner of every surface area on which the recorded holder intends to work or intends to utilize a right of entry for that purpose, and
(b) provides, within 30 days after serving the notice required by paragraph (a), a copy of the notice to the chief gold commissioner and to an inspector under the Mines Act.
Section 19 (4) to (8) BEFORE amended by 2010-9-10,11, effective October 4, 2010 (BC Reg 274/2010).
(4) If the chief gold commissioner is unable to settle the dispute to the satisfaction of the parties to the dispute, the Mediation and Arbitration Board under the Petroleum and Natural Gas Act has, on application by a party to the dispute, authority to settle the issues in dispute and, for this purpose, the relevant provisions of Part 3 of the Petroleum and Natural Gas Act apply.
(5) In an arbitration under subsection (4) involving a conflict between rights acquired under this Act and rights acquired under the Land Act, the Mediation and Arbitration Board must take into account which of the rights was applied for first and, unless injustice would result, must give the holder of those rights due priority in its consideration of the dispute between the parties.
(6) A copy of an order made by the Mediation and Arbitration Board under subsection (4) may be filed at any time in a Supreme Court registry and enforced as if it were an order of the court.
(7) If an owner of private land opposes entry on the land by a recorded holder on the grounds that the intended activity would obstruct or interfere with an existing operation or activity on the land or with the construction or maintenance of a building, structure, improvement or work on the land, the Mediation and Arbitration Board must determine the impact of the intended entry and must determine which parts of the land would be affected by that entry.
(8) If, under subsection (7), the Mediation and Arbitration Board determines that it is not possible to enter the land or a part of it without obstruction or interference, in addition to any other order it makes, the board must make an order
(a) specifying conditions of entry that will minimize the obstruction to or interference with the existing circumstances of the land, and
(b) specifying compensation for obstruction to or interference with enjoyment of the land.
Section 19 (3) BEFORE amended by 2023-10-591, effective March 30, 2023 (Royal Assent).
(3) On receipt by the chief gold commissioner of an application from a free miner, recorded holder, owner or other person who, in the opinion of the chief gold commissioner, has a material interest in the surface, the chief gold commissioner must use his or her best efforts to settle issues in dispute between them arising from rights acquired under this Act in respect of entry, taking of right of way, use or occupation, security, rent or compensation.
Section 21 BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
No exploration in parks without consent
21 Despite any Act, agreement, free miner certificate or mineral title, a person must not locate a mineral title, carry out exploration and development or produce minerals or placer minerals in a park created by or under an Act of British Columbia or of Canada or in an area of land established as a Provincial heritage property under section 23 of the Heritage Conservation Act unless authorized by the Lieutenant Governor in Council on the recommendation of the person, corporation or government that is responsible for the park or the area of land.
Section 21 BEFORE amended by 2019-26-36, effective May 30, 2019 (Royal Assent).
No exploration in parks without consent
21 Despite any Act, agreement, free miner certificate or mineral title, a person must not locate a mineral title, carry out exploration and development or produce minerals or placer minerals in a park created under an Act of British Columbia or of Canada or in an area of land established as a Provincial heritage property under section 23 of the Heritage Conservation Act unless authorized by the Lieutenant Governor in Council on the recommendation of the person, corporation or government that is responsible for the park or the area of land.
Section 22 (1) BEFORE amended by 2003-1-4, effective February 27, 2003 (Royal Assent).
(1) Despite any other provision of this Act, the minister may, by regulation, establish a mineral reserve on land specified in the regulation.
Section 22 (3) (c) (ii) BEFORE amended by 2003-1-4, effective February 27, 2003 (Royal Assent).
(ii) the date the reserve is cancelled by regulation of the minister.
Section 22 (2) (a) BEFORE amended by 2004-22-17(a), effective January 12, 2005 (BC Reg 529/2004).
(a) prohibit a free miner from locating or recording a mineral title on land covered by the mineral reserve;
Section 22 (4) (b) BEFORE amended by 2004-22-17(b), effective January 12, 2005 (BC Reg 529/2004).
(b) the mineral title was located after the making of a regulation under subsection (1).
Section 22 (2) (b) BEFORE amended by 2007-8-47, effective March 29, 2007 (Royal Assent).
(b) permit the locating and recording of a mineral title under circumstances and subject to the limitations contained in it, despite any provision of this Act;
Section 22 (2) (g) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(g) provide that a refund of all or part of a sum of money paid under this Act or the regulations may be made to a recorded holder of a mineral title in the mineral reserve respecting a period either before or after the making of it.
Section 23 BEFORE repealed by 2004-22-18 effective April 29, 2004 (Royal Assent).
Recreation areas
23 (1) In this section:
"recreation area" means a recreation area or a part of a recreation area, within the meaning of the Park Act, designated by regulation of the Lieutenant Governor in Council, on the joint recommendation of the minister and of the Minister of Environment, Lands and Parks, as a recreation area in respect of which this section applies;
"resource use permit" means a resource use permit issued under the Park Act.
(2) The Lieutenant Governor in Council may, on the joint recommendation of the minister and of the Minister of Environment and Parks, make regulations
(a) authorizing free miners, and recorded holders that hold resource use permits, to exercise, in recreation areas specified in the regulations, the rights referred to in section 11 (1), and
(b) specifying terms and conditions and the limitations on free miners and recorded holders in the exercise of the rights referred to in sections 11 (1) and 14, in recreation areas specified in the regulations.
(3) Without limiting subsection (2), the regulations may include provisions respecting any of the following matters or for any of the following purposes:
(a) exploration and development;
(b) recording of right, title and interest in minerals or placer minerals;
(c) disposition and acquisition of right, title and interest in minerals or placer minerals;
(d) abandonment, cancellation or forfeiture of right, title and interest in minerals or placer minerals;
(e) the powers of the chief gold commissioner, and of the Chief Inspector of Mines under the Mines Act;
(f) requiring the giving of security;
(g) geological surveys;
(h) notices and service of notices;
(i) limiting the period during which rights under a mineral title may be exercised to a period of not less than 10 years;
(j) providing that, after a period established in a regulation made under paragraph (i), the rights of a recorded holder affected by that regulation may be expropriated;
(k) establishing formulas for calculating the amount of compensation payable to a recorded holder if rights under this section are expropriated;
(l) access to minerals, placer minerals and a mineral title, and locating, mining and producing minerals and placer minerals.
(4) If a regulation is made under this section with respect to a recreation area, and a free miner or recorded holder holds a resource use permit with respect to that recreation area, the powers of expropriation conferred by section 11 of the Park Act are not exercisable in relation to that recreation area until 10 years after the occurrence of the later of the following events:
(a) the first publication of the evaluation of the mineral or placer mineral potential of the recreation area by the minister;
(b) the first publication of a notice, addressed by the Minister of Environment and Parks to all free miners having, at the time of publication, resource use permits with respect to that recreation area, stating that the recreation area is to become a park or a part of a park.
(5) If the rights of a recorded holder of a mineral title located in a recreation area are expropriated under this section or section 11 of the Park Act, no compensation is payable to any person in respect of expenses incurred that relate to
(a) exploration and development, or
(b) acquisition of the mineral title expropriated or any other mineral title.
(6) Subsections (2) to (5) and (7) do not apply to any mineral title or any right under a mineral title in a recreation area if
(a) the mineral title was located and recorded before the establishment of a recreation area under this section, and
(b) on August 15, 1988, all the exploration and development for that mineral title
(i) as required under section 29 of this Act was performed, or cash paid instead, or
(ii) was recorded under section 30 of this Act.
(7) Despite the Park Act, if there is a conflict between
(a) this section or regulations made under this section, and
(b) the Park Act, regulations made under the Park Act or a resource use permit issued before, on or after the coming into force of this Act,
this section and the regulations made under it prevail.
Section 24 BEFORE repealed by 2004-22-19, effective January 12, 2005 (BC Reg 529/2004).
Locating claim
24 (1) A claim must be located or acquired from the government in accordance with the regulations.
(2) Location of a mineral claim, or of a placer claim, must not commence until the ground is available for location or is unencumbered by a previous mineral title.
(3) Despite subsection (2), a free miner may commence a location over ground that is encumbered by a previous mineral title if the free miner, within 30 days after commencing the location, makes a complaint under section 40.
(4) Despite subsection (2), the inclusion of part of a claim in an area in which the location of that part is prohibited does not affect the validity of the location on the remainder of the claim nor does the location of any post invalidate the claim.
(5) Priority of location of a claim is based on the time that the location is completed so long as it is located in the prescribed manner.
(6) Despite anything in this Act, location of a mineral claim, or of a placer claim, must not commence until 7 a.m.
Section 24.1 (1) BEFORE amended by 2007-8-48, effective March 29, 2007 (Royal Assent).
(1) A legacy claim continues until forfeited, cancelled, abandoned or converted to a lease.
Section 25 BEFORE re-enacted by 2004-22-21, effective January 12, 2005 (BC Reg 529/2004).
Reduction of mineral claim
25 (1) The recorded holder of a mineral claim may, on paying the prescribed fee, reduce the size of the claim in accordance with the regulations.
(2) The unexpired exploration and development recorded or credited under section 30 for the area that is excluded may be reapplied to the reduced claim that remains, subject to the limitation on the allowable number of years under that section.
Section 26 (2) BEFORE repealed by 2004-22-22(a), effective January 12, 2005 (BC Reg 529/2004).
(2) On reversion, escheat, surrender to the government or acquisition by the government of a mineral claim which has been disposed of under subsection (1), any subsequent recording of that claim is subject to location effected in accordance with section 24.
Section 26 (3) BEFORE repealed by 2004-22-22(b), effective January 12, 2005 (BC Reg 529/2004).
(3) An area covered by a Crown granted 2 post claim that escheats to the government after August 15, 1988 is not available for acquisition as a mineral title until one year elapses from the date that the escheat occurs.
Section 27 BEFORE repealed by 2004-22-23, effective January 12, 2005 (BC Reg 529/2004).
Recording of claim
27 (1) A free miner who locates a claim must apply to record the claim within the prescribed period after location.
(2) A claim must not be recorded unless a signed application is accompanied by
(a) a statement in the prescribed form,
(b) a sketch plan of the location acceptable to the gold commissioner for the mining division within which the legal corner post is situated, and
(c) the prescribed recording fee.
(3) The gold commissioner referred to in subsection (2) (b) must, on being satisfied that subsection (2) has been complied with, record the claim by endorsing the application and filing it.
(4) Despite subsection (3), the gold commissioner may refuse to record a claim until
(a) the free miner confirms to the satisfaction of the gold commissioner that there exists open ground available for the claim under application, or
(b) the free miner makes a complaint under section 40 as permitted by section 24 (3).
(5) The date of record under subsection (3) is the location date of the claim.
(6) A claim for which an application to record is not made within the prescribed period is conclusively deemed never to have been located and is void.
(7) If a claim is applied for or recorded in an incorrect mining division, the error does not affect the free miner's interest in the claim, and on discovery of the error the gold commissioner must send copies of all documents relevant to the claim to the correct mining division for recording.
(8) If an error, deficiency or omission is discovered on the face of an application or a record, the gold commissioner, on being satisfied that no injustice will result, may correct the error, deficiency or omission, amend the record and notify the affected party accordingly.
(9) A decision of the gold commissioner under this section may be appealed to the chief gold commissioner.
Section 28 (1) BEFORE amended by 2004-22-24, effective January 12, 2005 (BC Reg 529/2004).
(1) Subject to this Act, the recorded holder of a claim is entitled to those minerals or placer minerals, as the case may be, that are situated vertically downward from and inside the boundaries of the claim.
Section 29 (a) BEFORE amended by 2002-25-41, effective May 9, 2002 (Royal Assent).
(a) satisfies the gold commissioner for the mining division in which the recorded holder's claim is situated, by a statement in the prescribed form, that the recorded holder has performed or caused to be performed on the claim since the last anniversary date, exploration and development having a value which is not less than an amount for each unit calculated in accordance with the regulations;
Section 29 BEFORE re-enacted by 2004-22-25, effective January 12, 2005 (BC Reg 529/2004).
Maintenance of claims
29 A claim may be held for one year after the date of record, and thereafter from year to year if, on or before the anniversary date, the recorded holder pays a prescribed recording fee and does one of the following:
(a) satisfies the gold commissioner for the mining division in which the recorded holder's claim is situated, by a statement in the prescribed form and containing the prescribed information, that the recorded holder has performed or caused to be performed on the claim since the last anniversary date, exploration and development having a value which is not less than an amount for each unit calculated in accordance with the regulations;
(b) instead of the performance of the exploration and development referred to in paragraph (a), pays an amount that is a prescribed percentage, not exceeding 200%, of the amount determined under paragraph (a).
Section 30 BEFORE amended by 2002-25-42, effective May 9, 2002 (Royal Assent).
30 If the value of exploration and development performed on a claim since the last anniversary date exceeds the amount referred to in section 29 (a), the recorded holder may, on or before the next anniversary date and on payment of the prescribed recording fee, use the excess on that claim so as to cover the exploration and development requirements for an additional year or an additional prescribed number of years.
Section 30 BEFORE repealed by 2004-22-26, effective January 12, 2005 (BC Reg 529/2004).
Use of excess exploration and development
30 If the value of exploration and development performed on a claim since the last anniversary date exceeds the amount referred to in section 29 (a), the recorded holder may, on or before the next anniversary date and on payment of the prescribed recording fee, use the excess on that claim so as to cover the exploration and development requirements for an additional prescribed number of years.
Section 31 BEFORE amended by 2002-25-43, effective May 9, 2002 (Royal Assent).
31 Despite section 30, if a free miner, personally or by agent, performs exploration and development work and submits a report on that exploration and development which is acceptable to the chief gold commissioner, the free miner may have the cost of that work, or that part of it as may be prescribed, credited to a portable credit account, and the free miner may, to the extent authorized by the regulations, use this account
Section 31 BEFORE re-enacted by 2004-22-27, effective January 12, 2005 (BC Reg 529/2004).
Portable credits
31 Despite section 30, if a free miner, personally or by agent, performs exploration and development work and submits a report on that exploration and development which is acceptable to the chief gold commissioner, the free miner, subject to the regulations, may have the cost of that work, or that part of it as may be prescribed, credited to a portable credit account, and the free miner may, to the extent authorized by the regulations, use this account
(a) to facilitate payments required as a consequence of the setting of a common anniversary date under section 32 (3), and
(b) for the purpose of sections 29 (a) and 30 to keep any mineral claim in good standing.
Section 32 BEFORE repealed by 2004-22-28, effective January 12, 2005 (BC Reg 529/2004).
Grouping of titles
32 (1) Subject to the regulations, on the request of the recorded holder and on payment by the recorded holder of the prescribed fee, a mineral title shall be grouped with other mineral titles.
(2) A group of mineral titles remains in effect subject to the regulations, and exploration and development for the purposes of section 29 (a) may be performed anywhere in the group, and any surplus may be applied under section 30 to any title within the group.
(3) A recorded holder may require that mineral titles, grouped under subsection (1), have a common anniversary date set in the prescribed manner.
Section 33 (1) and (2) BEFORE amended by 2004-22-29, effective January 12, 2005 (BC Reg 529/2004).
(1) If a recorded holder records exploration and development under section 29 (a) or 30, the recorded holder must submit reports to the chief gold commissioner respecting that exploration and development at the time and in the form and manner prescribed by the regulations.
(2) The chief gold commissioner may order the cancellation of all or a portion of the recording of the exploration and development under section 29 (a) or 30 if the recorded holder fails to comply with subsection (1).
Section 34 (1) and (2) BEFORE amended by 2004-22-31, effective January 12, 2005 (BC Reg 529/2004).
(1) On the failure of a co-recorded holder or that person's personal representative to contribute the co-recorded holder's portion of the exploration and development or payment required by section 29, another co-recorded holder, who has performed and recorded the exploration and development or made the payment may, after an anniversary date, serve the delinquent co-recorded holder or the personal representative with a notice that the co-recorded holder's portion must be contributed within 3 months after service of the notice.
(2) If the co-recorded holder or the personal representative fails to contribute in full, including the costs of service, during the 3 month period, the delinquent co-recorded holder's interest in the claim vests in the co-recorded holder who has performed and recorded the required exploration and development or made the required payment, on filing with the gold commissioner of the division in which the claim is situated evidence satisfactory to the gold commissioner that the co-recorded holder or the personal representative was served and the contribution not made.
Section 35 (1) BEFORE amended by 2004-22-32, effective January 12, 2005 (BC Reg 529/2004).
(1) Subject to subsection (2), if a recorded holder
(a) does not perform prescribed maintenance requirements, if any, for a mineral reserve established under section 22, or
(b) does not perform and record the exploration and development, or make the payment, required by section 29,
the recorded holder's claim forfeits to and vests in the government at the end of the day which is the anniversary date of the claim.
Section 36 BEFORE repealed by 2004-22-33, effective January 12, 2005 (BC Reg 529/2004).
Inclusions
36 (1) If a mineral title lies wholly or partially within the boundaries of an overlying mineral title of the same type and ownership, those titles or portions located within the overlying mineral title must, on application being made to the gold commissioner before their forfeiture, be included in the appropriate overlying mineral title that remains in good standing.
(2) If an application for abandonment of a claim is made to the gold commissioner under section 37 and the claim being abandoned lies wholly or partially within the boundaries of an overlying mineral title of the same type and ownership, those claims or portions located within the overlying mineral title must, on application for inclusion being made to the gold commissioner concurrent with the application for abandonment, be included in the appropriate overlying mineral title that remains in good standing.
(3) If a recorded holder of a mineral claim reduces the size of his or her claim under section 25 and the portion of the claim or part of the claim being reduced lies within an overlying mineral claim of the same type and ownership, that portion of the claim being reduced and located within the overlying mineral claim must, on application for inclusion being made to the gold commissioner concurrent with the reduction, be included in the appropriate overlying mineral claim that remains in good standing.
(4) An inclusion takes effect immediately on the recording date of the application for inclusion, and the titles of the claims being included, in whole or in part, cease to exist at the end of the day on which the application for inclusion is recorded.
Section 37 BEFORE repealed by 2004-22-33, effective January 12, 2005 (BC Reg 529/2004).
Abandonment of claim
37 (1) A recorded holder, or an agent appointed in writing filed with the gold commissioner, may abandon a claim by applying to the gold commissioner.
(2) On receiving an application for abandonment, the gold commissioner must cancel the claim from the end of the day specified in the application as the cancellation date.
(3) After the claim has been cancelled, a free miner may, subject to the exclusive right referred to in section 38 (3), locate a mineral claim on the land covered by the claim that has been abandoned.
Section 38 BEFORE repealed by 2004-22-33, effective January 12, 2005 (BC Reg 529/2004).
Relocation of claim
38 (1) A person making an application to abandon a claim under section 37 may include in that application a request to relocate all or part of the claim being abandoned.
(2) If the gold commissioner approves of the request to relocate, the gold commissioner must indicate the approval by endorsing the application accordingly, and giving written notice of approval to the applicant.
(3) The applicant has the exclusive right to and must, within 14 days of the date of the notice given under subsection (2) or another period specified in that notice, relocate the applicant's claim on the land with respect to which the application to relocate has been approved.
(4) Failure to relocate within the time allowed under subsection (3) results in all rights of relocation being lost.
(5) After the claim has been relocated, any free miner may locate a claim of the same type on any land included in the former claim that is not included in the relocated claim.
(6) A relocated claim is subject to every lien, charge or document recorded on the title of the claim which was relocated.
(7) If a claim is relocated under this section, the recorded holder may apply to the gold commissioner to credit to the relocated claim the value of the unexpired exploration and development recorded under section 30 on the claim existing before relocation, subject to the maximum additional years referred to in that section.
Section 39 BEFORE amended by 2004-22-34, effective January 12, 2005 (BC Reg 529/2004).
39 The failure on the part of a recorded holder to comply with this Act and the regulations does not invalidate the location or recording of a claim so long as the recorded holder attempted in good faith to comply with this Act and the regulations and the failure to comply was not calculated to mislead other free miners desiring to locate claims in the vicinity.
Section 39 BEFORE repealed by 2004-22-35, effective October 25, 2006 (BC Reg 288/2006).
Noncompliance and good faith
39 The failure on the part of a recorded holder to comply with this Act and the regulations does not invalidate the location or registration of a claim so long as the recorded holder attempted in good faith to comply with this Act and the regulations and the failure to comply was not calculated to mislead other free miners desiring to locate claims in the vicinity.
Section 40 (1) (b) BEFORE amended by 2004-22-36(a), effective January 12, 2005 (BC Reg 529/2004).
(b) a person has knowingly made a false statement or report under section 29, 30 or 33, or
Section 40 (2) (b) BEFORE amended by 2004-22-36(b), effective January 12, 2005 (BC Reg 529/2004).
(b) under subsection (1) (b) within one year after the statement or report was recorded with the gold commissioner.
Section 40 (7.1) and (7.2) was added by 2004-22-36(c), effective January 12, 2005 (BC Reg 529/2004).
Section 40 (1) (a) BEFORE repealed by 2004-22-37(a), effective October 25, 2006 (BC Reg 288/2006).
(a) a claim has been located or recorded contrary to this Act or the regulations,
Section 40 (2) BEFORE amended by 2004-22-37(b), effective October 25, 2006 (BC Reg 288/2006).
(2) A complaint must be made
(a) under subsection (1) (a) within one year after the claim was recorded, or
(b) under subsection (1) (b) within one year after the statement or report was recorded with the chief gold commissioner.
Section 40 (10) BEFORE repealed by 2007-9-89, effective June 21, 2007 (BC Reg 226/2007).
(10) For the purpose of making a determination under this section, the chief gold commissioner has the powers, privileges and protection of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
Section 40 (7) (c) BEFORE amended by 2023-10-590, effective March 30, 2023 (Royal Assent).
(c) make any other order that he or she considers appropriate,
Section 41 BEFORE re-enacted by 2004-22-38, effective January 12, 2005 (BC Reg 529/2004).
Production on claim
41 (1) A recorded holder of a mineral claim must not produce or cause to have produced in a year more than 1 000 tonnes of ore from each unit in that claim.
(2) A recorded holder of a placer claim must not produce or cause to have produced placer minerals from more than 2 000 m3 of pay-dirt each year from that claim.
Section 42 BEFORE amended by 2004-22-39, effective January 12, 2005 (BC Reg 529/2004).
42 (1) A recorded holder of a mineral claim may apply to the gold commissioner of the mining division in which the claim is located for the issue of a mining lease over the mineral claim.
(2) The recorded holder under subsection (1) must do all of the following:
(a) have the mineral claim over which the mining lease will be issued surveyed by a British Columbia land surveyor and have the survey approved by the Surveyor General;
(b) post a notice in the prescribed form in the office of the appropriate gold commissioner stating that the recorded holder intends to apply for a mining lease;
(c) publish promptly in one issue of the Gazette, and once each week for 4 consecutive weeks in a newspaper circulating in the area in which the mineral claim is situated, a copy of the notice referred to in paragraph (b);
(d) submit, after compliance by the recorded holder with paragraphs (a), (b) and (c), an application for a mining lease and pay the prescribed fee.
(3) If the gold commissioner is satisfied that the recorded holder has met all of the requirements of subsection (2), the gold commissioner must refer the matter to the chief gold commissioner along with any recommendations as to conditions that the gold commissioner considers appropriate.
(4) On receipt of the reference under subsection (3), the chief gold commissioner must issue a mining lease for an initial term not exceeding 30 years on conditions the chief gold commissioner considers necessary.
(5) If the lessee complies with this Act, the regulations and any conditions of the mining lease issued under subsection (4), the lessee is entitled to a renewal of the mining lease for one or more further terms not exceeding 20 years each, subject to the approval of the chief gold commissioner that the mining lease is required for a mining activity.
(6) The right of renewal of a mining lease under subsection (5) applies to a lease issued before December 1, 1995.
Section 42 (1) BEFORE amended by 2007-8-50(a), effective March 29, 2007 (Royal Assent).
(1) A recorded holder of a mineral claim who wishes to replace the claim with a lease must comply with subsection (2) after registration of an application for a lease under section 6.32.
Section 42 (2) BEFORE repealed by 2007-8-50(b), effective March 29, 2007 (Royal Assent).
(2) The recorded holder under subsection (1) must do all of the following:
(a) have the mineral claim over which the mining lease will be issued surveyed by a British Columbia land surveyor and have the survey approved by the Surveyor General;
(b) post a notice in the prescribed form in the office of the chief gold commissioner stating that the recorded holder intends to apply for a mining lease;
(c) publish promptly in one issue of the Gazette, and once each week for 4 consecutive weeks in a newspaper circulating in the area in which the mineral claim is situated, a copy of the notice referred to in paragraph (b);
(d) submit, after compliance by the recorded holder with paragraphs (a), (b) and (c), an application for a mining lease and pay the prescribed fee.
Section 42 (4) BEFORE amended by 2007-8-50(c), effective March 29, 2007 (Royal Assent).
(4) If the chief gold commissioner is satisfied that the recorded holder has met all of the requirements of subsection (2), the chief gold commissioner must issue a mining lease for an initial term not longer than 30 years on conditions the chief gold commissioner considers necessary.
Section 43 BEFORE amended by 2002-15-56, effective December 30, 2002 (BC Reg 370/2002).
Requirement respecting production under a mining lease
43 A lessee may not produce under a mining lease issued on or after the coming into force of this section unless the lessee first receives a mine development certificate issued under the Mine Development Assessment Act or project approval certificate issued under the Environmental Assessment Act.
Section 43 BEFORE repealed by 2003-1-5, effective February 27, 2003 (Royal Assent).
Requirement respecting production under a mining lease
43 A lessee may not produce under a mining lease issued on or after December 1, 1995 unless the lessee first
(a) receives an environmental assessment certificate issued under the Environmental Assessment Act, or
(b) obtains an order under that Act that an environmental assessment certificate is not required.
Section 44 (1) BEFORE amended by 2004-22-40(a), effective January 12, 2005 (BC Reg 529/2004).
(1) Subject to this section, a lessee may, on an anniversary date of the lessee's mining lease, cause it to be amended by deleting part of the land from it.
Section 44 (3) BEFORE amended by 2004-22-40(b), effective January 12, 2005 (BC Reg 529/2004).
(3) After approving the plan under subsection (2), the Surveyor General must submit it to the appropriate gold commissioner, who must make the appropriate entry in the record of the lease under section 48.
Section 45 (3) BEFORE amended by 2002-25-44, effective May 9, 2002 (Royal Assent).
(3) A placer lease must not be issued until the applicant for the lease delivers to the gold commissioner a plan of a survey of the area of the lease, prepared and carried out in accordance with the regulations made under section 65 (2) (f).
Section 45 (1) BEFORE amended by 2004-22-41(a), effective January 12, 2005 (BC Reg 529/2004).
(1) Subject to this Act, on application, in the prescribed form and payment of the prescribed fee, to the gold commissioner for the mining division in which the appropriate land is situated the gold commissioner must issue a placer lease of placer minerals over mineral lands which are designated as placer lease lands under section 46.
Section 45 (2) BEFORE amended by 2004-22-41(b), effective January 12, 2005 (BC Reg 529/2004).
(2) A placer lease may be issued to the holder of a placer claim, or to the holder of any lease of placer minerals issued under any of the former Acts, in respect of the placer minerals in that claim or lease not sooner than 28 days after notice of intention to apply for that placer lease is posted at the office of the appropriate gold commissioner.
Section 45 (3) and (4) BEFORE amended by 2004-22-41(c), effective January 12, 2005 (BC Reg 529/2004).
(3) A placer lease must not be issued until the applicant for the lease delivers to the gold commissioner a plan of a survey of the area of the lease, prepared and carried out in accordance with the regulations.
(4) The initial term of a placer lease issued under this section must not exceed 10 years and the lessee has the right to renew the placer lease for one or more further terms not exceeding 10 years each if
(a) the lessee complies with this Act, the regulations and the conditions of the placer lease, and
(b) the gold commissioner is satisfied that the placer lease is required for a mining activity.
Section 45 (5) BEFORE repealed by 2004-22-41(a), effective January 12, 2005 (BC Reg 529/2004).
(5) If the lessee complies with this Act, the regulations and conditions of the placer lease, the lessee has the right to a renewal of it for one further term not longer than 10 years.
Section 47 (1) BEFORE amended by 2004-22-42, effective January 12, 2005 (BC Reg 529/2004).
(1) A lessee may, on the anniversary date of the lessee's placer lease and on compliance with all prescribed requirements for mapping and survey, cause it to be amended by deleting land from it.
Section 48 (1) BEFORE repealed by 2004-22-43(a), effective January 12, 2005 (BC Reg 529/2004).
(1) The gold commissioner for the mining division in which the land covered by a lease is situated must, immediately after the issue or renewal of a lease, record particulars of it in the records maintained in the gold commissioner's office.
Section 48 (2) BEFORE amended by 2004-22-43(b), effective January 12, 2005 (BC Reg 529/2004).
(2) A lease is an interest in land and conveys to the lessee the minerals or placer minerals, as the case may be, within and under the leasehold, together with the same rights that the lessee held as the recorded holder of the claim or group of claims, but is subject to a valid charge recorded against the record of the claim.
Section 49 (2) BEFORE repealed by 2004-22-44, effective January 12, 2005 (BC Reg 529/2004).
(2) The plaintiff must promptly send a copy of all documents filed in court to the appropriate gold commissioner.
Section 50 (1) BEFORE amended by 2004-22-45(a), effective January 12, 2005 (BC Reg 529/2004).
(1) It is a condition of every lease that the recorded holder pays to the government the prescribed annual rental before the expiry of the anniversary date to which it applies.
Section 50 (2) and (3) BEFORE amended by 2004-22-45(b), effective January 12, 2005 (BC Reg 529/2004).
(2) If the recorded holder of a lease, other than the holder of a lease of placer minerals issued under the former Acts, does not pay the rental or fails to comply with the provisions of this Act or the regulations or conditions respecting the lease, the minister must serve a notice on the holder requiring the holder to comply.
(3) If the holder does not comply within 30 days after service of the notice, the lease, if ordered by the minister, forfeits to and vests in the government as of the date specified in the order.
Section 53 (2) (a) and (b) BEFORE amended by 2004-22-47(a) and (b), effective January 12, 2005 (BC Reg 529/2004).
(a) if the right under the other enactment was conferred on the person by a lease, to have the lease converted into a mining lease in respect of that mineral substance on application to the gold commissioner in the prescribed form, on payment of the prescribed fee and on satisfying the gold commissioner that he or she has
(i) had the lands surveyed by a British Columbia land surveyor and had the survey approved by the Surveyor General, and
(ii) complied with section 42 (2) (b) and (c);
(b) if the right under the other enactment was conferred on the person by a permit or a licence, to locate a mineral claim over those lands in respect of that mineral substance.
Section 53 (6) BEFORE amended by 2004-22-47(b), effective January 12, 2005 (BC Reg 529/2004).
(6) If a right under subsection (2) (a) to have a lease under the Land Act converted into a mining lease over mineral lands or a right under subsection (2) (b) to locate a mineral claim in respect of a mineral substance in mineral lands is not exercised within the applicable period, the title of the recorded holder of a mineral claim or a mining lease over those lands includes, on the expiry of that period, that mineral substance.
Section 53 (7) (c) BEFORE amended by 2004-22-47(d), effective January 12, 2005 (BC Reg 529/2004).
(c) is surrendered under section 52, or
Section 53 (7) (d) BEFORE repealed by 2004-22-47(d), effective January 12, 2005 (BC Reg 529/2004).
(d) is abandoned under section 37 and is not relocated under section 38 (3) within the applicable period,
Section 53 (8) BEFORE amended by 2004-22-47(e), effective January 12, 2005 (BC Reg 529/2004).
(8) If
(a) by the operation of this section there is more than one recorded holder over the same mineral lands,
(b) the mineral title of one of the recorded holders referred to in paragraph (a) escheats to the government otherwise than by a forfeiture referred to in subsection (7) (a), and
(c) no assignment of the escheated mineral title is made under section 8 of the Escheat Act within one year after the date the escheat occurs,
the rights under the mineral title referred to in paragraph (b) vest on the expiry of that year in the other recorded holder.
Section 53 (2) (a) (ii) BEFORE amended by 2007-8-51, effective March 29, 2007 (Royal Assent).
(ii) complied with section 42 (2) (b) and (c);
Section 53 (2) BEFORE amended by 2023-10-592, effective March 30, 2023 (Royal Assent).
(2) Subject to subsections (3) and (4) and despite a mineral reserve having been established under any of the former Acts, a person who, before August 15, 1988, acquired under another enactment a right to a mineral substance in mineral lands, has, for as long as his or her right under the other enactment exists, one of the following exclusive rights:
(a) if the right under the other enactment was conferred on the person by a lease, to have the lease converted into a mining lease in respect of that mineral substance on application to the chief gold commissioner in the prescribed form, on payment of the prescribed fee and on satisfying the chief gold commissioner that he or she has
(i) had the lands surveyed by a British Columbia land surveyor and had the survey approved by the Surveyor General, and
(ii) complied with section 42 (1) (c) and (d);
(b) if the right under the other enactment was conferred on the person by a permit or a licence, to register a mineral claim over those lands in respect of that mineral substance.
Section 56 BEFORE re-enacted by 2004-22-49, effective January 12, 2005 (BC Reg 529/2004).
Court orders affecting titles
56 (1) If a court proceeding results in an order affecting a mineral title, the court registrar must send a certified copy of the order to the appropriate gold commissioner, who must ensure that the information is duly noted on the record.
(2) If a court order results in a change in original boundaries, the court must order that
(a) a plan made in accordance with the regulations be filed with the chief gold commissioner, and
(b) the expense of obtaining the plan be shared among the parties to the proceeding in the proportion it considers just.
Section 57 BEFORE repealed by 2004-22-50, effective January 12, 2005 (BC Reg 529/2004).
Recording of document
57 (1) A grantee under a conveyance, bill of sale, assignment, transfer or other document of title relating to a mineral title may, on payment of the prescribed fee, record the document with the gold commissioner for the mining division in which the mineral title is situated.
(2) A document referred to in subsection (1) confers on every person benefited by it and on every person claiming through or under that person, whether by descent, purchase or otherwise, the right to apply to have the document recorded and, in proceedings incidental or auxiliary to registration, to use the names of all parties to the document, whether or not a party has since died or become legally incapacitated.
(3) A conveyance, bill of sale, assignment, transfer or other document of title may not be recorded under this section unless the grantor is the recorded holder of the mineral title to which the document relates.
Section 58 BEFORE repealed by 2004-22-50 effective January 12, 2005 (BC Reg 529/2004).
Disposition to be in writing
58 (1) A disposition of a mineral title or of an interest in a mineral title is not enforceable unless it is in writing, signed by the person making the disposition or by the person's agent authorized in writing.
(2) If a disposition under subsection (1) is signed by an agent, the authority of the agent must be recorded in the office of the gold commissioner where the title is recorded before the record of the disposition.
Section 61 BEFORE amended by 2004-22-51, effective January 12, 2005 (BC Reg 529/2004).
61 A holder of a mineral title must notify the gold commissioner for the mining division in which the mineral title is situated of a change in the holder's permanent address.
Section 62 (1) (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) If service of a notice, order or other document is required under this Act or the regulations, the notice, order or document is deemed to have been served
Section 63 BEFORE re-enacted by 2004-22-52, effective January 12, 2005 (BC Reg 529/2004).
Offence
63 (1) A person commits an offence who
(a) wilfully and without lawful excuse pulls down, defaces, alters or removes a staking or legal post, a legal corner post or other survey monument,
(b) explores for, develops or produces minerals contrary to this Act,
(c) knowingly makes a false statement or provides false information under this Act, or
(d) contravenes section 60.
(2) Section 5 of the Offence Act does not apply to this Act.
Section 63 (1) (c) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(c) knowingly makes a false statement or provides false information under this Act or the regulations, or in a registration;
Section 64 (1) and (2) BEFORE amended by 2004-21-68(a), effective April 29, 2004 (Royal Assent).
(1) The Surveyor General may make regulations that the Surveyor General considers necessary or advisable respecting the conduct of surveys for the purposes of mineral titles under this Act and all matters that relate to these surveys.
(2) The Surveyor General may make different regulations for different classes of mineral titles.
Section 64 (3) (b) BEFORE amended by 2004-21-68(b), effective April 29, 2004 (Royal Assent).
(b) a statement in a form prescribed by the Surveyor General, and
Section 64 (3) (c) BEFORE amended by 2004-66-156, effective January 20, 2005 (BC Reg 16/2005).
(c) the prescribed fee.
Section 64 (1) and (2) BEFORE amended by 2004-21-69, effective January 21, 2005.
(1) The Corporation of Land Surveyors of the Province of British Columbia may make rules under section 75 of the Land Surveyors Act that the corporation considers necessary or advisable respecting the conduct of surveys for the purposes of mineral titles under this Act and all matters that relate to those surveys.
(2) For the purposes of this section, the Corporation of Land Surveyors of the Province of British Columbia may make different rules for different classes of mineral titles.
Sections 65 (2) (g) and (p) BEFORE amended by 2002-25-45, effective May 9, 2002 (Royal Assent).
(g) specifying survey methods for the establishment of placer lease boundaries;
(p) any other matter for which regulations are contemplated by this Act.
Sections 65 (2) (q), (r), (s), (t), (u) and (v) were added by 2002-25-45, effective May 9, 2002 (Royal Assent).
Section 65 (2) (c) and (e) BEFORE repealed by 2004-22-53(a), effective January 12, 2005 (BC Reg 529/2004).
(c) standards of knowledge respecting mineral exploration and integrated resource management principles;
(e) grouping of mineral titles, limitation on numbers that can be grouped and the manner and conditions of grouping;
Section 65 (2) (i) BEFORE amended by 2004-22-53(b), effective January 12, 2005 (BC Reg 529/2004).
(i) common anniversary dates for mineral titles and the manner that common anniversary dates are established;
Section 65 (2) (j) and (k) BEFORE repealed by 2004-22-53(b), effective January 12, 2005 (BC Reg 529/2004).
(j) calculating amounts for the maintenance of claims by an annual payment instead of exploration and development, and may provide different amounts for different reserved areas;
(k) prescribing the number of years of exploration and development for the purposes of section 30;
Section 65 (2) (m) BEFORE amended by 2004-22-53(c), effective January 12, 2005 (BC Reg 529/2004).
(m) methods by which mineral rights are located or acquired;
Section 65 (2) (o) BEFORE amended by 2004-22-53(d), effective January 12, 2005 (BC Reg 529/2004).
(o) the establishment or setting of fees referred to in this Act;
Section 65 (2) (r) and (s) BEFORE amended by 2004-22-53(e), effective January 12, 2005 (BC Reg 529/2004).
(r) specifying how and when particular exploration, development and assessment activities may be applied to a claim and specifying the amount of credit that may be allowed for any type of work done in respect of a claim;
(s) respecting portable credits for the purposes of section 31 and prohibiting any type of work credit from being applied to a portable credit account;
Section 65 (3) BEFORE repealed by 2004-22-55, effective January 12, 2005 (BC Reg 529/2004).
(3) A regulation established or set under subsection (1) or (2) that increases a fee does not come into force until 90 days after it is made.
Section 65 (2) (o) BEFORE amended by 2010-21-68, effective June 3, 2010 (Royal Assent).
(o) establishing or setting fees for performing duties or providing services under this Act, including setting rents, costs and payments;
Section 65 (2.1) (d) BEFORE amended by 2010-21-69, effective July 1, 2012 (BC Reg 89/2012).
(d) cells and cell claims, including a reduction in the maximum size of a cell claim, a reduction in the size of a cell claim and the amalgamation of multiple cell claims;
Section 67 (2) BEFORE amended by 2010-21-70(c), effective June 3, 2010 (Royal Assent).
(2) Even if a claim is forfeited or a lease expires under this Act because the recorded holder fails to comply with a requirement of this Act within a time limit, the chief gold commissioner may set aside the forfeiture or the effect of the expiry and allow a further period of time for compliance.
Section 68 (2) (a) BEFORE amended by 2007-8-53, effective January 1, 2008 (BC Reg 380/2007).
(a) the area of land covered by a legacy title continues unchanged after its registration despite any provision to the contrary in this Act or the regulations respecting the shape or size of areas that may be registered;
Section 68 (5) and (6) BEFORE amended by 2007-8-53, effective January 1, 2008 (BC Reg 380/2007).
(5) A person has no right of action and may not commence or maintain proceedings, as a result of the enactment of this section or the exercise of a function under this section,
(6) For all purposes, including for the purposes of the Expropriation Act, no expropriation or injurious affection occurs as a result of the enactment of this section or the exercise of a function under this section.
Section 70 BEFORE repealed by RS1996-292-70(3), effective January 11, 2007 [2 years after coming into force of s. 6.2].
Transitional regulation making powers
70 (1) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation the registry and to remedy any transitional difficulties encountered in doing so.
(2) A regulation made under this section may be made retroactive to a date not earlier than the date subsection (1) comes into force.
(3) This section is repealed 2 years after section 6.2 of the Mineral Tenure Act comes into force.
Supplement BEFORE repealed by 2004-22-57, effective April 29, 2004 (Royal Assent).
[Supplement]
Mineral Tenure Act
[RSBC 1996] CHAPTER 292
1 The Mineral Tenure Act is amended by adding the following section:
Authorization to produce a bulk sample
14.1 (1) Subject to subsection (2), the recorded holder of a claim must not produce minerals or placer minerals from the claim.
(2) The recorded holder may, with the prior written approval of the district inspector appointed under the Mines Act, produce or cause to be produced a bulk sample from the claim.
1995-50-9.
2 Section 41 is repealed.
1995-50-30.
1995-50-48.