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| This archived statute consolidation is current to February 9, 2004 and includes changes enacted and in force by that date. For the most current information, click here. |
[Current to B.C. Regulations Bulletin
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Contents |
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Section |
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Restoration of leases or claims forfeited because of expiry of time for compliance |
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Part 1 — Interpretation and Administration
1 In this Act:
"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;
"bulk sample" means the production of a mineral or placer mineral from a claim at the times, in the quantities and on the conditions prescribed by the regulations;
"claim" means a mineral claim or a placer claim;
"construction purpose" includes, without limitation,
(a) the building or maintenance of a road, railway bed, runway, berm, dam, impoundment, breakwater, dike, levee, foundation, rock wall and other similar thing, and
(b) the providing of fill and riprap;
"cultural heritage resource" means an object, a site or the location of a traditional societal practice that is of historical, cultural or archaeological significance to British Columbia, a community or an aboriginal people;
"dimension stone" means a rock or stone product that is cut or split on 2 or more sides, and includes, without limitation, tiles, facing stone, crushed rock that is reconstituted into building stone, headstones, monuments, statues, ornamental furnishings and other similar components, but does not include crushed, cut or split rock that is used for a construction purpose;
"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;
"former Acts" means the Mineral Act, R.S.B.C. 1979, c. 259, or the Mining (Placer) Act, R.S.B.C. 1979, c. 264, and their predecessor Acts;
"free miner" means a person who holds a valid and subsisting free miner certificate issued under this Act or any of the former Acts;
"hand pan" means to wash mineralized earth and gravel by agitation in a hand held pan so as to separate and recover those minerals or placer minerals having the greatest specific gravity;
"lease" means a mining lease or placer lease;
"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;
"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;
"location time and date" means the time and date recorded on a tag on completion of a claim;
"locator" means an individual responsible for establishing a location and whose name appears in that capacity on the tags and documents relating to the location;
"mineral" means an ore of metal, or a natural substance that can be mined, that is in the place or position in which it was originally formed or deposited or is in talus rock, and includes
(a) rock and other materials from mine tailings, dumps and previously mined deposits of minerals,
(b) dimension stone, and
(c) rock or a natural substance prescribed under section 2 (1),
but does not include
(d) coal, petroleum, natural gas, marl, earth, soil, peat, sand or gravel,
(e) rock or a natural substance that is used for a construction purpose on land that is not within a mineral title or group of mineral titles from which the rock or natural substance is mined,
(f) rock or a natural substance on private land that is used for a construction purpose, or
(g) rock or a natural substance prescribed under section 2 (2);
"mineral claim" means a claim to the minerals within an area which has been located or acquired by a method set out in the regulations and includes a claim to minerals recorded under one of the former Acts;
"mineral lands" means lands in which minerals or placer minerals or the right to explore for, develop and produce minerals or placer minerals is vested in or reserved to the government, and includes Crown granted 2 post claims;
"mineral substance" means a substance that is a mineral under this Act, but was not a mineral under the Mineral Act, R.S.B.C. 1979, c. 259;
"mineral title" means a claim or a lease;
"mining activity" means any activity related to
(a) the search for a mineral or placer mineral,
(b) the exploration and development of a mineral or placer mineral, or
(c) the production of a mineral or placer mineral,
and includes the reclamation of a previously mined area and the monitoring and long term protection, control and treatment of a previously mined area;
"mining lease" means a mining lease issued under section 42, and includes any lease of minerals issued under any of the former Acts;
"owner" means
(a) the government for land so owned, or
(b) a person registered in the land title office as the owner of the land;
"placer claim" means a claim to the placer minerals within an area which has been located or acquired by a method set out in the regulations;
"placer lease" means a placer lease issued under section 45 and includes any lease of placer minerals issued under any of the former Acts;
"placer mineral" means ore of metal and every natural substance that can be mined and that is either loose, or found in fragmentary or broken rock that is not talus rock and occurs in loose earth, gravel and sand, and includes rock or other materials from placer mine tailings, dumps and previously mined deposits of placer minerals, but does not include a mineral substance or the substances described in paragraphs (d) to (g) of the definition of "mineral" in this section;
"private land" means land owned in fee simple by a person other than the government;
"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;
"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;
"surface area" means surface area of land and land under water;
"talus rock" means rock that occurs in fragments or particles lying on or above or adjacent to the place or position in which it was originally formed or deposited;
"unit" means an area having prescribed dimensions that is contained in a claim, and may, subject to the regulations, include a 2 post claim.
2 (1) For the purpose of paragraph (c) of the definition of "mineral" in section 1, the minister and the minister responsible for administration of the Land Act may jointly make regulations prescribing a rock or natural substance as a mineral.
(2) For the purpose of paragraph (g) of the definition of "mineral" in section 1, the minister and the minister responsible for administration of the Land Act may jointly make regulations prescribing that a rock or natural substance is not a mineral.
(3) No compensation is payable by the government to any person and no proceedings may be commenced or maintained to claim compensation from the government as a result of a regulation made under subsection (1) or (2).
3 (1) The chief gold commissioner may, by order, designate any portion of British Columbia as a mining division and may establish a gold commissioner's office for it.
(2) If a designation is made under subsection (1), the chief gold commissioner must, without delay, publish notice of the designation in the Gazette and publication is deemed to be notice to all persons concerned.
4 (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.
(2) The chief gold commissioner has general supervision of the gold commissioners and persons appointed under subsection (5).
(3) The chief gold commissioner may exercise a power given to a gold commissioner by this Act.
(4) A gold commissioner may, at any reasonable time, enter and examine land covered by a mineral title.
(5) There may be appointed for the proper administration of this Act mineral title inspectors and other persons
(a) whose remuneration is either by way of salary or by commission on fees collected, and
(b) having those powers and duties of a gold commissioner that are conferred on them in writing by the chief gold commissioner.
5 A copy of any record kept in a gold commissioner's office, certified by a gold commissioner to be a true copy, must be received in a court without proof of the signature of the gold commissioner.
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.
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.
8 (1) For the purposes of this section, "Canadian corporation" means
(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,
(b) a trust company registered under the Trust Company Act, R.S.B.C. 1979, c. 412,
(c) an insurer licensed under the Insurance Act, or
(d) a chartered bank.
(2) On application in the prescribed form and on payment of the prescribed fee, a free miner certificate must be issued to an applicant who is
(a) a person age 18 or over and ordinarily a resident of Canada for at least 183 days in each calendar year or authorized to work in Canada,
(b) a Canadian corporation, or
(c) a partnership consisting of partners who are persons that qualify under paragraph (a) or (b).
(3) A free miner certificate
(a) must be in the prescribed form,
(b) is not transferable,
(c) must be issued in the name of one person,
(d) may be renewed, on application and on compliance with this Act and the regulations,
(e) is proof of every fact contained in it, and
(f) is valid from the beginning of the day on which it is stated to be issued until the end of the day it expires.
(4) Despite subsection (2), the chief gold commissioner may issue a free miner certificate to an applicant who does not meet the eligibility requirements under subsection (2) if, because of legitimate circumstances acceptable to the chief gold commissioner, the applicant requires a free miner certificate to conduct business in British Columbia.
(5) Without limiting section 7 (1), a person may hold a mineral title without holding a free miner's certificate.
9 (1) Subject to subsection (2), a person who is not a free miner may hand pan for recreation purposes.
(2) A person must not hand pan on a valid mineral title unless the person receives permission from the recorded holder of the mineral title.
10 (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.
(2) After the hearing, if any, or the expiration of the 30 day period, whichever is applicable, the chief gold commissioner may cancel the free miner certificate and the free miner may not apply for another certificate except in accordance with conditions the chief gold commissioner may specify.
(3) If a certificate is cancelled under subsection (2),
(a) the chief gold commissioner must serve a notice of the cancellation on the person affected, and to the minister, and
(b) that person may, within 30 days after service of the notice under paragraph (a), appeal the cancellation to a judge of the Supreme Court.
(4) On the request of the appellant and on payment of the prescribed fee, the chief gold commissioner must supply to the appellant certified copies of all records on which the chief gold commissioner relied before making the notification under subsection (1).
(5) An appeal from a decision of the court lies to the Court of Appeal with leave of a Justice of the Court of Appeal.
11 (1) Subject to this Act, only a free miner or an agent of a free miner may enter mineral lands to explore for minerals or placer minerals.
(2) The right of entry under subsection (1) does not extend to
(a) land occupied by a building,
(b) the curtilage of a dwelling house,
(c) orchard land,
(d) land under cultivation,
(e) land lawfully occupied for mining purposes, except for the purposes of exploring and locating for minerals or placer minerals as permitted by this Act,
(f) protected heritage property, except as authorized by the local government or minister responsible for the protection of the protected heritage property,
(g) land in a park, except as permitted by section 21, or
(h) land in a recreation area, as defined in section 23, except as permitted by that section.
11.1 (1) In this section, "mining exploration" does not include the collection of a bulk sample of more than 1 000 tonnes of ore.
(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 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
(a) is the holder of a permit under the Mines Act for the mining exploration,
(b) applies for and receives the written approval of the Chief Inspector of Mines to the issuance under the Forest Practices Code of British Columbia Act of the special use permit, and
(c) applies under the Forest Practices Code of British Columbia Act for the special use permit.
(3) For the purpose of this section, the Chief Inspector of Mines, after considering practicable alternative means of access, may grant or refuse the written approval referred to in subsection (2).
12 (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.
(2) A mineral claim and a placer claim or placer lease may exist independently on the same mineral lands.
13 (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 by or 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.
(2) Before making an order under subsection (1) respecting a dispute about a mineral or mineral substance or the exercise of rights under another enactment, the chief gold commissioner must, in writing, consult with a public officer designated by the minister responsible for administration of the Land Act.
(3) Each party to the dispute must be served with notice of the decision made under subsection (1).
(4) Information received as a result of consultation under subsection (2) may be reduced to writing and shall form part of the record of the dispute between the parties, and a copy of that writing must be provided to each party.
(5) A copy of an order made under subsection (1) may be filed at any time in a Supreme Court registry and enforced as if it were an order of the court.
(6) If there is insufficient evidence to enable the chief gold commissioner to determine under subsection (1) or a judge to determine under subsection (7) or (8) whether a substance is a mineral, a placer mineral or a mineral substance, the chief gold commissioner or the judge must decide the issue in favour of,
(a) if the dispute is between persons referred to in subsection (1) (a), the person whose mineral title was first located, and
(b) if the dispute is between persons referred to in subsection (1) (b), the person who first became entitled to the minerals or the mineral substance.
(7) A party to a dispute who is aggrieved by the decision of the chief gold commissioner under subsection (1) may, within 30 days after service of the notice under subsection (3), appeal the decision to a judge of the Supreme Court.
(8) An appeal lies from a decision of the court under subsection (7) to the Court of Appeal with leave of a Justice of the Court of Appeal.
(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.
14 (1) Subject to this Act, a recorded holder may use, enter and occupy the surface of a claim or lease for the exploration and development or production of minerals or placer minerals, including the treatment of ore and concentrates, and all operations related to the exploration and development or production of minerals or placer minerals and the business of mining.
(2) Despite subsection (1), no mining activity may be done by the recorded holder until the recorded holder receives the permit, if any, required under section 10 of the Mines Act.
(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 an occupant 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 an occupant licence to cut under the Forest Act, subject to terms and conditions set by the issuing authority.
(5) Unless the location is one of the following, a land use designation or objective does not preclude application by a recorded holder for any form of permission, or approval of that permission, required in relation to mining activity by the recorded holder:
(a) an area in which mining is prohibited under the Environment and Land Use Act;
(b) a park under the Park Act or a regional park under the Local Government Act;
(c) a park or ecological reserve under the Protected Areas of British Columbia Act;
(d) an ecological reserve under the Ecological Reserve Act;
(e) a protected heritage property.
15 (1) If a person holds a mining lease that is located on land that
(a) is unreserved land owned by the government,
(b) is not lawfully occupied for a purpose other than for mining, and
(c) is not protected heritage property.
and the minister certifies that the surface rights are or will be required by the recorded holder for the purposes of a mining activity, the minister having responsibility for the Land Act must, on application of the holder, dispose of the surface rights to that holder.
(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.
(3) If the minister refuses to certify that the surface rights are or will be required, the minister must serve the recorded holder with a notice of that fact.
(4) Failure to certify under subsection (3) within 6 months from the date of the application for certification constitutes refusal.
16 (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.
(3) If a disposition is made of surface rights to Crown land, whether surveyed or unsurveyed, and at the time of disposition there is a valid mineral title over the Crown land, the disposition of surface rights does not diminish the rights of the recorded holder except to the extent otherwise determined
(a) by order of the chief gold commissioner under section 13,
(b) by order of the minister under section 17,
(c) by order of the Mediation and Arbitration Board in a settlement under section 19 (4), or
(d) by a quit claim agreement between a recorded holder and a subsequent holder of the surface rights.
17 (1) Despite this or any other Act, the minister may, by order, restrict the use of surface rights, or restrict the right to or interest in minerals or placer minerals, comprised in all or part of a mineral title if the minister considers that all or part of the surface area is or contains a cultural heritage resource or that the surface area, or the right to or interest in the minerals or placer minerals, should be used for purposes other than a mining activity.
(2) No compensation is payable as a result of an order under subsection (1).
(3) An order under subsection (1) must be served on the recorded holder.
(4) A person aggrieved of an order of the minister under subsection (1) may, within 30 days after service of notice of the order, appeal the order to a judge of the Supreme Court.
(5) An appeal lies from an order of the court under subsection (4) to the Court of Appeal with leave of a Justice of the Court of Appeal.
17.1 (1) If, after the coming into force of this section, the minister responsible for the administration of the Park Act expropriates under section 11 of the Park Act the rights of a recorded holder of a lease or claim or of an owner of a Crown granted 2 post claim, compensation is payable to the recorded holder or owner, as the case may be, in an amount equal to the value of the rights expropriated, to be determined under the regulations.
(2) If the minister responsible for the administration of this Act and the recorded holder or owner, as the case may be, do not agree as to the amount of compensation that is payable under subsection (1), the minister or the recorded holder or owner may require the dispute to be settled by a single arbitrator who has the prescribed qualifications and is to be appointed by the minister.
(3) The award of the single arbitrator appointed by the minister responsible for the administration of this Act is binding on the parties to the arbitration.
(4) Despite subsection (1), no compensation is payable under this section to the recorded holder of a claim if the minister believes on reasonable grounds that the claim was acquired or is being held
(a) for other than a mining activity, or
(b) mainly in the expectation of receiving compensation or other consideration if the area, under the Park Act, is acquired or expropriated.
18 (1) If the recorded holder or other person conducting operations in respect of a mineral title does not comply with a provision of this Act or the regulations or a provision of any other enactment with respect to a mining activity, or contravenes the protection of a protected heritage property, the chief gold commissioner may
(a) notify the recorded holder or other person of the provision that the chief gold commissioner considers is not being complied with, and
(b) order the recorded holder or other person to comply with the provision within a period of time specified in the notice.
(2) If the recorded holder or other person does not comply with the order under subsection (1) (b) within the period of time specified, the chief gold commissioner may, by order,
(a) suspend any exploration and development or production of minerals or placer minerals carried out by the recorded holder or other person until the provision has been complied with, and
(b) specify conditions under which the suspension will be lifted.
(3) The chief gold commissioner may delegate his or her powers under subsections (1) and (2) to a person appointed under section 4.
(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.
(5) Notice of cancellation of a claim under subsection (4) must be served on the recorded holder.
(6) A recorded holder aggrieved by a cancellation under subsection (4) may, within 30 days after service of notice of the cancellation of the claim, appeal the decision to a judge of the Supreme Court.
(7) An appeal lies from a decision of the court under subsection (6) to the Court of Appeal with leave of a Justice of the Court of Appeal.
19 (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 gold commissioner for that mining division and to the district inspector appointed under the Mines Act.
(2) A free miner or recorded holder, or any person acting under or with the authority of a free miner or recorded holder, is liable to compensate the owner of a surface area for loss or damage caused by the entry, occupation or use of that area or right of way by or on behalf of the free miner or recorded holder for location, exploration and development, or production of minerals or placer minerals.
(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.
(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.
(9) Without limiting the factors that the board may consider in making a decision under this section, in making a determination under subsections (7) and (8) the board must take into account the extent of the obstruction or interference with respect to the following:
(a) land occupied by a building;
(b) the curtilage of a dwelling house;
(c) orchard land;
(d) land under cultivation.
20 [Repealed 2002-48-53.]
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.
22 (1) Despite any other provision of this Act, the chief gold commissioner may, by regulation, establish a mineral reserve on land specified in the regulation.
(2) A regulation made under subsection (1) may do any of the following:
(a) prohibit a free miner from locating or recording a mineral title on land covered by the mineral reserve;
(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;
(c) prohibit a mining activity located within and included in the mineral reserve, either absolutely or under circumstances specified in the mineral reserve, and may prescribe
(i) specific maintenance requirements that differ from those required by section 29, and
(ii) the term of a claim and the conditions of forfeiture of a claim;
(d) prohibit a free miner or recorded holder from obstructing, endangering or interfering with or allowing any other person to obstruct, endanger or interfere with the construction, operation or maintenance of a transmission line, pipeline or other work, structure or activity on all or part of the land in the mineral reserve;
(e) be made applicable to all minerals and placer minerals or to the mineral or placer mineral specified in it;
(f) provide that obligations imposed by this Act or the regulations on the recorded holder of a mineral title in the mineral reserve, are relieved for the period and on the conditions specified in it;
(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.
(3) If a regulation establishing a mineral reserve or a placer mining reserve or both under any of the former Acts is in effect on July 14, 1988,
(a) a reference in the regulation to the locating of a mineral claim or to the staking or acquisition of a location is deemed to be a reference to the locating of a mineral claim or a placer claim as each of those terms is defined in this Act,
(b) if the regulation established only a mineral reserve,
(i) a reference to the locating or recording of a mineral claim is deemed to include in addition a reference to the locating or recording of a placer claim under this Act, and
(ii) a condition of the regulation that applies in respect of the locating or recording of a mineral claim applies also in respect of the locating or recording of a placer claim, and
(c) the reserve continues in effect until the earlier of
(i) the date of expiry provided for in the regulation, or
(ii) the date the reserve is cancelled by regulation of the chief gold commissioner.
(4) If a regulation is made under subsection (1), no persons are entitled to compensation for any loss or damage to their interest in a mineral title located in the mineral reserve if
(a) the loss or damage arises, other than through negligence, out of the construction or use of any work or structure by the person designated in the regulation, and
(b) the mineral title was located after the making of a regulation under subsection (1).
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.
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.
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.
26 (1) A Crown granted 2 post claim that has reverted, escheated or been surrendered to the government, or is otherwise acquired by the government, before or after this Act comes into force, may be disposed of as a mineral claim in accordance with the regulations.
(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.
(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.
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.
28 (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.
(2) The interest of a recorded holder of a claim is a chattel interest.
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).
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.
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.
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.
33 (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).
34 (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.
(3) If more than one co-recorded holder is to be vested with the interest of a delinquent co-recorded holder under this section, that interest vests in proportion to the interests held by the co-recorded holders who are in good standing.
35 (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.
(2) If a recorded holder dies and because of the death section 29 is not complied with, the mineral title of the deceased does not forfeit and vest in the government until midnight one year after the time that it would otherwise have forfeited under subsection (1).
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.
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.
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.
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.
40 (1) An interested person, or an employee of the ministry charged with the administration of this Act, may make a complaint to the chief gold commissioner that
(a) a claim has been located or recorded contrary to this Act or the regulations,
(b) a person has knowingly made a false statement or report under section 29, 30 or 33, or
(c) a claim has been acquired or held for purposes other than a mining activity.
(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 gold commissioner.
(3) If the complainant is not an employee of the ministry, the complainant must provide, at the time the complaint is made, all of the following:
(a) the nature of the complainant's interest in the claim under complaint;
(b) a statement in the prescribed form setting out the basis of the complaint;
(c) the prescribed fee.
(4) If the complaint has been received by the chief gold commissioner in accordance with the requirements of subsections (2) and (3), the chief gold commissioner must
(a) review the complaint,
(b) accept the complaint for consideration or reject the complaint, and
(c) notify the complainant of the results of the review.
(5) If the complaint is accepted for consideration under subsection (4) (b), the chief gold commissioner
(a) must promptly serve notice on the recorded holder setting out the particulars of the complaint, and
(b) may cause an investigation of the complaint and the making of a report of the investigation, or require a written submission from the complainant and recorded holder respecting the complaint, or both.
(6) If a report is made or submissions are received under subsection (5) (b), the chief gold commissioner must provide the complainant and recorded holder with a copy of the report and submissions, and the complainant and recorded holder are each entitled, within 30 days after receipt of the report and submissions, to make further written submissions concerning the report and submissions.
(7) After reviewing the report made under subsection (5) and any written submissions made under subsection (6), the chief gold commissioner may
(a) dismiss the complaint,
(b) order the cancellation of the record of the claim effective as of the date it was recorded, or order the cancellation of the record or credit for exploration and development remaining to be performed, or both, or
(c) make any other order that he or she considers appropriate,
and must promptly notify the complainant and recorded holder of the decision.
(8) The complainant or the recorded holder may, within 30 days after service of notice under subsection (7), appeal the decision of the chief gold commissioner to a judge of the Supreme Court.
(9) An appeal lies from a decision of the court under subsection (8) to the Court of Appeal with leave of a Justice of the Court of Appeal.
(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.
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.
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.
43 [Repealed 2003-1-5.]
44 (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.
(2) It is the duty of the lessee to have the deleted area surveyed by a British Columbia land surveyor and to submit a copy of the survey plan to the Surveyor General for approval.
(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.
45 (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.
(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.
(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.
(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.
(6) A placer lease is subject to the terms and conditions that may be prescribed.
46 (1) The chief gold commissioner may, by regulation, designate mineral lands in respect of which placer leases may be issued if satisfied that the value of the placer minerals in that land warrant the designation and that the issue of placer leases over them would not be contrary to the public interest.
(2) Designated placer land under the former Acts is deemed to be designated placer lease land under subsection (1) until amended or revoked by regulation of the chief gold commissioner.
47 (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.
(2) If the lessee of a placer lease issued under any of the former Acts complies with this Act, the regulations and the conditions of the placer lease, the lessee has the right to renew the placer lease for one further term not exceeding 10 years.
48 (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.
(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.
(3) Subject to subsection (2), if a lease is issued over a claim or group of claims, the title or titles of these claims are extinguished.
49 (1) If a person claims a right of any kind, either to the minerals or placer minerals in, or possession of, all or part of a mineral title which has formed the basis of an application for a lease, that person must commence a proceeding in the Supreme Court,
(a) in the case of a claim to minerals, within 80 days after the date of posting of the notice under section 42, or
(b) in the case of a claim to placer minerals, within 21 days after the date of posting of the notice under section 45
unless the court, on being satisfied that the failure to proceed in time was not within the plaintiff's control, orders otherwise.
(2) The plaintiff must promptly send a copy of all documents filed in court to the appropriate gold commissioner.
(3) After the filing of the final court order and after complying with all survey requirements, the person named in the order as the person having right to the lease is entitled to the issue of it for all or part of the claim duly specified in the order.
50 (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.
(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.
(4) Nothing in subsection (2) or (3) is to be construed to prevent the holder of a lease of placer minerals under the former Acts from having that lease forfeited under its terms.
51 A person may not challenge the validity of a lease in any court unless that person establishes that the lease was obtained through fraud.
52 By giving notice in writing to the gold commissioner, a recorded holder of a lease may surrender it, but the holder is not entitled to a refund of fees or other money paid under this Act or the regulations.
53 (1) Nothing in this Act is to be construed as invalidating or diminishing
(a) a right to a mineral substance that a person acquired under another enactment before August 15, 1988, or
(b) an obligation imposed on a person referred to in paragraph (a) in respect of that mineral substance.
(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 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.
(3) The minister may impose terms and conditions in a mining lease referred to in subsection (2) (a), including terms and conditions that were contained in the lease under the other enactment.
(4) A person on whom a right is conferred by subsection (2) must give written notice to the minister responsible for the administration of the Land Act at least 60 days before the person exercises that right.
(5) If a person exercises a right conferred on the person by subsection (2), the right the person acquired and the obligations imposed on the person in respect of that mineral substance under the other enactment are extinguished.
(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.
(7) If, by the operation of this section, there is more than one recorded holder over the same mineral lands and the mineral title of one of the recorded holders
(a) forfeits to and vests in the government under section 35 (1) or (2) or 50 (3) or under a similar provision of any of the former Acts,
(b) is cancelled by an order under section 40 (7) (b),
(c) is surrendered under section 52, or
(d) is abandoned under section 37 and is not relocated under section 38 (3) within the applicable period,
then, despite the Escheat Act, the rights under that mineral title vest in the other recorded holder immediately after the forfeiture, cancellation or surrender of the title or after the expiry of the period referred to in paragraph (d), as the case may be.
(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.
(9) Where a person is, before December 1, 1995, the recorded holder of a mineral claim or a mining lease over mineral lands and no person has, before that date, acquired under another enactment a right to a mineral substance within those lands, the title of the recorded holder includes all minerals, as defined in this Act, within those lands.
54 (1) If the minister receives a request to amend or delete a portion of an area reserved by B.C. Reg. 138/94, as amended from time to time before or after this section comes into force, so that a free miner may acquire a mineral title for the purposes of conducting a mining activity within the reserved area and over land for which a Crown grant was issued on or after August 15, 1988, the minister and the minister responsible for the administration of the Land Act may, subject to the consent of the current owner of the land over which the Crown grant is issued, jointly make regulations to amend or delete a portion of the reserved area to allow the free miner to acquire a mineral title on the terms, conditions and limitations prescribed in the regulation.
(2) No compensation is payable by the government to any person and no proceedings shall be commenced or maintained to claim compensation from the government as the result of a regulation made under subsection (1).
55 A free miner or recorded holder, or any person acting under or with the authority of a free miner or recorded holder, must not explore for, develop or produce minerals or placer minerals unless the person complies with the Mines Act.
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.
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.
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.
59 (1) If a mineral title is abandoned, cancelled or forfeited, or escheats to the government, it is the duty of the last recorded holder to remove all property within the boundaries of that title within one year after the abandonment, cancellation, forfeiture or escheat, or a longer period that may be set by the chief gold commissioner.
(2) If the last recorded holder fails to comply with subsection (1), the chief gold commissioner may make a vesting order respecting the property on the mineral title.
(3) After an order is made under subsection (2), all of that property vests in the government and may be disposed of on terms that are considered appropriate without any compensation to the last recorded holder.
60 (1) A person who advertises a mineral title for disposition in any manner must not include more than the following in the advertisement:
(a) price and terms of disposition;
(b) person to contact, address and phone number;
(c) name given to the property, record number, lot number or lease number;
(d) geographic location;
(e) geological features;
(f) a list of mining equipment to be included in the disposition.
(2) The person who advertises must ensure that the following statement is included in an advertisement respecting the sale of a mineral title and that it is of the same size print as the general body of the advertisement:
Warning — This property is offered for mining purposes only and ownership of the title to it does not include ownership of the surface rights or the right to use the surface for residential or recreational purposes.
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.
62 (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
(a) if served on the person, or
(b) if sent by registered mail to the last known address of the person.
(2) If service is by registered mail, the notice, order or other document is deemed to be served on the eighth day after posting.
(3) This section does not apply if a court orders another mode of service.
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.
64 (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.
(3) On completion of a survey of a mineral title, the British Columbia land surveyor must forward to the Surveyor General
(a) a copy of the original plan,
(b) a statement in a form prescribed by the Surveyor General, and
(c) the prescribed fee.
(4) In the absence of evidence to the contrary, field notes relating to a survey or a certified copy of them must be received in a court as evidence of the facts set out in them.
65 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations to provide for the following:
(a) conveyance to the recorded holder of a Crown granted 2 post claim of minerals that did not pass from the government under the original grant;
(b) staking, and the positioning of posts for the purpose of location of claims, with power to make different provisions for mineral claims and for placer claims, and conferring on the minister the power to order the repositioning of a wrongly placed post to its correct position;
(c) standards of knowledge respecting mineral exploration and integrated resource management principles;
(d) the disposal of mineral titles that have reverted, escheated or been surrendered to or otherwise acquired by the government, with the power to dispose of different titles by different methods;
(d.1) for the purposes of section 17.1,
(i) determining value and defining the components that comprise value,
(ii) methods of evaluation for use in determining value, that may differ according to different components of value,
(iii) factors to be taken into account in an evaluation,
(iv) defining the role of evaluators in a determination of value and prescribing qualifications for evaluators that are prerequisite to their participation in the determination of value, and
(v) prescribing the qualifications for a single arbitrator referred to in section 17.1;
(e) grouping of mineral titles, limitation on numbers that can be grouped and the manner and conditions of grouping;
(f) the survey of the land to be covered by a placer lease and the circumstances when gores and fractions are to be included in a placer lease;
(g) specifying the survey methods for the establishment of the area of a mining lease or placer lease and its boundaries, the preparation of the lease plan and the setting of lease provisions, and providing for the resolution of any matters in dispute respecting lease applications and development activities;
(h) limiting the number of placer claims and placer leases issued under the former Acts that can be consolidated into one placer lease;
(i) common anniversary dates for mineral titles and the manner that common anniversary dates are established;
(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;
(l) prescribing the time or times that a bulk sample on a claim may be taken and specifying the quantities of and conditions under which the bulk samples may be taken, and may specify different times, quantities and conditions for minerals and placer minerals;
(m) methods by which mineral rights are located or acquired;
(n) conditions in leases, with the power to set different conditions for mining leases and placer leases;
(o) the establishment or setting of fees referred to in this Act;
(p) prescribing exploration, development and assessment activities for the purposes of the definition of "exploration and development";
(q) specifying the method and reporting of exploration, development and assessment activities;
(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;
(t) requiring maps, receipts, invoices and other records and evidence to be produced for the purposes of applications and reports under the Act;
(u) prescribing forms for the purposes of the Act;
(v) any other matter for which regulations are contemplated by this Act.
(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.
66 The chief gold commissioner may, by order, extend a time or time limit referred to in this Act, whether or not the time or time limit has expired.
67 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.
Copyright (c) 2004: Queen’s Printer, Victoria, British Columbia, Canada