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Mining Act

ONTARIO REGULATION 7/96

CLAIM STAKING

Historical version for the period March 4, 2011 to April 3, 2011.

Note: This Regulation is revoked on April 4, 2011. See: O. Reg. 43/11, ss. 35 (1), 36.

Last amendment: O. Reg. 43/11.

This is the English version of a bilingual regulation.

1. (1) In this Regulation,

“contiguous” means an unbroken chain of spatially linked unpatented, patented or leased mining claims or other mining land. O. Reg. 7/96, s. 1 (1).

(2) In this Regulation, a reference to area shall be read as meaning that area, more or less, and a reference to a distance shall be read as meaning that distance, more or less. O. Reg. 7/96, s. 1 (2).

(3) In this Regulation, an annulled part of a subdivided township shall be deemed to be unsurveyed territory. O. Reg. 7/96, s. 1 (3).

Claim Staking in Unsurveyed Territory

2. (1) Subject to subsections (2) and (3), a mining claim in unsurveyed territory must be staked so that it,

(a) consists of one or more square 16 hectare units;

(b) has a contiguous area of not less than 16 hectares and not more than 256 hectares;

(c) has boundaries running only north and south and east and west astronomically; and

(d) has the form of a rectangle. O. Reg. 7/96, s. 2 (1).

(2) A mining claim may have a boundary that is coterminous with the boundary of an area that is not open for staking as long as all other boundaries of the claim are staked so that the claim conforms as closely as possible to the requirements set out in subsection (1). O. Reg. 7/96, s. 2 (2).

(3) A boundary of a mining claim may change direction where it is coterminous with land not open for staking, at an intersection of an existing survey or claim boundary, at a claim post or at a monument of adjacent land or existing township fabric. O. Reg. 7/96, s. 2 (3).

(4) If a mining claim consists of two or more 16 hectare units, line posts must be erected along the perimeter of the claim at 400 metre intervals. O. Reg. 7/96, s. 2 (4).

(5) The size of a mining claim must, as nearly as practicable, be a multiple of 16 hectares except if the claim comprises an irregular area of land described in section 3. O. Reg. 7/96, s. 2 (5).

(6) The boundaries of a mining claim extend downwards vertically on all sides. O. Reg. 7/96, s. 2 (6).

(7) The length of any boundary of a mining claim must not exceed 3,200 metres and must not exceed four times the length of any other boundary. O. Reg. 7/96, s. 2 (7).

(8) The measurements of the boundaries of a mining claim are horizontal distances. O. Reg. 7/96, s. 2 (8).

3. (1) An irregular area of land lying adjacent to land, or to land under water, that is not open for staking may be staked with boundaries coterminous to the land, or land under water, that is not open for staking if the mining claim otherwise conforms, as nearly as practicable, to all the requirements set out in section 2, except subsection 2 (7). O. Reg. 7/96, s. 3 (1).

(2) An irregular area of land under water lying adjacent to land, or to land under water, that is not open for staking may be staked with boundaries coterminous to the land, or land under water, that is not open for staking if the mining claim otherwise conforms, as nearly as practicable, to all the requirements set out in section 2, except subsection 2 (7). O. Reg. 7/96, s. 3 (2).

(3) The boundaries of an irregular claim staked under subsections (1) or (2) must be marked by the erection of line posts along them at 400 metre intervals. O. Reg. 7/96, s. 3 (3).

(4) Despite subsection (3), the erection of line posts is not required along an irregular claim boundary that is a water boundary. O. Reg. 7/96, s. 3 (4).

(5) An irregular claim boundary that is a water boundary need only be marked by the erection of corner posts along the boundary line as close as practicable to where the claim boundary meets the water boundary. O. Reg. 7/96, s. 3 (5).

(6) In subsections (4) and (5),

“water boundary” means the high water mark, unless otherwise defined in the existing alienation. O. Reg. 7/96, s. 3 (6).

4. In addition to applying to the staking of mining claims in unsurveyed territory, sections 2 and 3 apply to the staking of mining claims in areas of surveyed territory designated by the Minister if, in the Minister’s opinion, the survey fabric in those areas is so difficult to ascertain that it is not reasonable to expect a person staking a claim there to do so in accordance with sections 5, 6 and 7. O. Reg. 7/96, s. 4.

Claim Staking in Surveyed Territory

5. (1) Subject to subsections (2), (3) and (4), a mining claim in surveyed territory must be staked so that it,

(a) has an area of not more than 256 hectares and not less than the minimum size set out in this section;

(b) has boundaries coincident with or parallel to section, lot, concession or range lines established by the original survey; and

(c) has the shape of a rectangle or parallelogram. O. Reg. 7/96, s. 5 (1).

(2) A mining claim is not required to have the area referred to in clause (1) (a) if,

(a) there is insufficient land open for staking to allow for compliance; and

(b) the claim is otherwise staked so as to meet the requirements of subsection (1) as closely as practicable in the circumstances. O. Reg. 7/96, s. 5 (2).

(3) A mining claim is not required to be in the shape of a rectangle or parallelogram as required by clause (1) (c) if the claim,

(a) is not in that shape so that it may conform to the land that is open for staking; and

(b) is otherwise staked so as to meet the requirements of subsection (1) as closely as practicable in the circumstances. O. Reg. 7/96, s. 5 (3).

(4) A mining claim may have a boundary that is coterminous with the boundary of an area that is not open for staking as long as all other boundaries of the claim are staked so that the claim conforms as closely as possible to the requirements set out in subsection (1). O. Reg. 7/96, s. 5 (4).

(5) If the mining claim consists of two or more units, line posts must be erected along the perimeter of the claim at 400 metre intervals and at all locations where the corner of a lot or subdivision of a section lies on the perimeter of the claim. O. Reg. 7/96, s. 5 (5).

(6) Where irregular boundaries exist, the line posts must be erected to mark out the boundaries as nearly as practicable. O. Reg. 7/96, s. 5 (6).

(7) The boundaries of a mining claim extend downwards vertically on all sides. O. Reg. 7/96, s. 5 (7).

(8) The length of any boundary of a mining claim must not exceed 3,200 metres and must not exceed four times the length of any other boundary. O. Reg. 7/96, s. 5 (8).

(9) The measurements of the boundaries of a mining claim are horizontal distances. O. Reg. 7/96, s. 5 (9).

(10) Subject to sections 6 and 7, a mining claim may consist of any combination of contiguous lots or parts of lots, quarter sections or subdivisions of a section according to the township fabric but must not deviate from the township fabric. O. Reg. 7/96, s. 5 (10).

(11) Every survey of a mining claim,

(a) must describe the parts of the lots or sections shown in the original township survey that are included within the perimeter of the claim, together with their areas;

(b) is governed by the lot and concession lines established by an existing survey and not by the location of corner posts and line posts; and

(c) must follow the boundaries of the mining claim that are coterminous with land that is not open for staking, if any. O. Reg. 7/96, s. 5 (11).

(12) In a township surveyed into sections of 260 hectares that are subdivided into quarter sections or subdivisions containing 65 hectares, a mining claim of minimum size must contain 16 hectares and consist of the northeast, northwest, southeast or southwest quarter of a quarter section or subdivision. O. Reg. 7/96, s. 5 (12).

(13) In a township surveyed into lots of 130 hectares, a mining claim of minimum size must contain 16 hectares and consist of the northeast, northwest, southeast or southwest quarter of the north half of a lot or an equivalent quarter of the south half of a lot. O. Reg. 7/96, s. 5 (13).

(14) In a township surveyed into lots of 80 hectares, a mining claim of minimum size must contain 20 hectares and consist of the northeast, northwest, southeast or southwest quarter of a lot. O. Reg. 7/96, s. 5 (14).

(15) In a township surveyed into lots of 60 hectares, a mining claim of minimum size must contain 15 hectares and consist of the northeast, northwest, southeast or southwest quarter of a lot. O. Reg. 7/96, s. 5 (15).

(16) In a township surveyed into lots of 40 hectares, a mining claim of minimum size must contain 20 hectares and consist of the north, south, east or west half of a lot. O. Reg. 7/96, s. 5 (16).

(17) If it appears that a township originally intended to be surveyed into sections of 260 hectares or into lots of 130, 80, 60 or 40 hectares, as mentioned in subsections (12) to (16), respectively, contains sections or lots that are not of the intended size, a person staking a mining claim in such a section or lot must stake the number of aliquot parts of a lot required for the particular size of lot into which the township was intended to be surveyed. O. Reg. 196/06, s. 1.

6. If it is impossible to stake a mining claim to comply with the form and size requirements of section 5 because the lot or subdivision of a section being staked is covered with water or is irregular in form, or for some other reason relating to the nature of the lot or subdivision, the claim may be staked in accordance with the following rules and not in accordance with section 5:

1. The mining claim must be staked, as nearly as practicable, in the form and size set out in section 5, except subsection 5 (8).

2. The boundaries of the mining claim must, where possible, coincide with the boundaries of the lot or subdivision of a section being staked and, where not possible, be parallel to boundaries of the lot or subdivision that are straight lines. O. Reg. 7/96, s. 6.

7. Land that would otherwise be included in the area of a lot or subdivision of a section, but that is excluded from the lot or subdivision because it is covered with water or for some other reason, may be included in a mining claim as if it were part of the lot or subdivision. O. Reg. 7/96, s. 7.

Staking: General Rules

8. (1) Revoked: O. Reg. 196/06, s. 2.

(2) A mining claim is staked by erecting a corner post at each of the four corners of the claim so that,

(a) the No. 1 corner post is at the northeast corner;

(b) the No. 2 corner post is at the southeast corner;

(c) the No. 3 corner post is at the southwest corner; and

(d) the No. 4 corner post is at the northwest corner. O. Reg. 7/96, s. 8 (2).

(3) A corner post tag affixed to a corner post must face the next post following the corner post in the order set out in subsection (2). O. Reg. 7/96, s. 8 (3).

(4) If there are standing trees on the perimeter of the area being staked, the perimeter of the mining claim must be clearly marked during staking by plainly blazing the trees on two sides only in the direction of travel and by cutting the underbrush along the boundaries of the claim. O. Reg. 7/96, s. 8 (4).

(5) Despite subsection (4), the perimeter of a mining claim or a portion of a claim located in an area referred to in subsection 32 (1) of the Act may be clearly marked by durable flagging tape securely affixed to standing trees and underbrush along the boundaries of the claim. O. Reg. 7/96, s. 8 (5).

(6) If there are no standing trees on the perimeter of the area being staked, the perimeter of the mining claim must be clearly marked during staking by erecting durable pickets or monuments of earth or rock along the boundaries of the claim. O. Reg. 7/96, s. 8 (6).

(7) Subsections (4) and (6) do not apply where an irregular claim boundary that is a water-to-land boundary is intended to be coterminous with land, or land under water, that is not open for staking. O. Reg. 7/96, s. 8 (7).

9. (1) A mining claim must be staked under the direction of a recording licensee. O. Reg. 196/06, s. 3.

(1.1) In order to direct the staking of a mining claim under subsection (1), the recording licensee must be present in each area under staking for a mining claim at the time the area is being staked for the purpose of recording the mining claim. O. Reg. 196/06, s. 3.

(2) The recording licensee must direct other licensees as well as non-licensees in constructing claim posts and marking the perimeter of a mining claim. O. Reg. 7/96, s. 9 (2).

10. (1) The following rules apply to the staking of a mining claim in areas that have been open for staking for 24 hours or more:

1. The staking may be started at any corner or line post.

2. Only the recording licensee or another licensee may erect, inscribe or affix a tag to a corner post, line post or witness post.

3. The date and time of completion of the staking must be inscribed on one of the corner posts after all of the required work of staking the claim has been completed. O. Reg. 7/96, s. 10 (1).

(2) The following rules apply to the staking of a mining claim in areas that have been open for staking for less than 24 hours:

1. The staking must start at the northeast corner of the mining claim and proceed in a clockwise direction.

2. Only the recording licensee may erect, inscribe or affix a tag to a corner post, line post or witness post.

3. The date and time of both the start and completion of the staking must be inscribed on the No. 1 corner post by the recording licensee. O. Reg. 7/96, s. 10 (2).

11. (1) The staking of a mining claim is not invalidated for the sole reason that it encompasses land that is not open for staking unless the land encompassed in the claim constitutes an unpatented mining claim recorded prior to the time of the staking. O. Reg. 7/96, s. 11 (1).

(2) Land that is not open for staking that is encompassed in a valid mining claim does not form part of the area of the mining claim. O. Reg. 7/96, s. 11 (2).

(3) Land that is not open for staking that is wholly encompassed in a valid mining claim is not required to be marked out. O. Reg. 7/96, s. 11 (3).

12. (1) One or two witness posts, instead of a corner post, must be erected in accordance with this section for a corner of a mining claim at which it is impracticable to erect a corner post for one of the following reasons:

1. The nature or conformation of the ground at the true corner makes the erecting of a corner post impracticable.

2. The true corner falls within a body of water.

3. The true corner is inaccessible because of incumbent surface rights. O. Reg. 7/96, s. 12 (1).

(2) Witness posts must be erected on the claim boundary as close to the true corner as practicable. O. Reg. 7/96, s. 12 (2).

(3) Witness posts must bear,

(a) the same inscription and tag as are required for a corner post at a true corner under subsections 15 (1) and (3);

(b) the letters “WP”; and

(c) an indication of the direction and distance of the true corner from the witness post. O. Reg. 7/96, s. 12 (3).

(4) If a second witness post is erected, it must bear,

(a) the letters “WP”;

(b) the corner post number for the true corner;

(c) the claim number; and

(d) an indication of the direction and distance of the true corner from the witness post. O. Reg. 7/96, s. 12 (4).

(5) A second witness post may bear the same inscription as is required for a corner post at a true corner under subsections 15 (1) and (3). O. Reg. 7/96, s. 12 (5).

(6) It is not necessary to erect a second witness post for a corner if it is impracticable to do so. O. Reg. 7/96, s. 12 (6).

13. (1) If the nature or conformation of the ground at a particular location, incumbent surface rights or water is an obstacle that makes the erecting of a line post at that location impracticable, a line post must be erected on each side of the obstacle. O. Reg. 7/96, s. 13 (1).

(2) If a mining claim being staked is coterminous with land not open for staking and the boundary of the land not open for staking changes direction other than at a corner of the claim, a line post must be erected at the point of change of direction. O. Reg. 7/96, s. 13 (2).

(3) A line post tag inscribed with the claim number and the direction and distance from the last corner post erected must be affixed to the line post. O. Reg. 7/96, s. 13 (3).

14. (1) Every claim post used for staking a mining claim must,

(a) stand 1.2 metres above the ground when erected;

(b) be squared or faced on four sides for 30 centimetres from the top; and

(c) be squared or faced for 10 centimetres across each side. O. Reg. 7/96, s. 14 (1).

(2) Only a post or a standing stump not previously used for staking a mining claim may be used as a claim post. O. Reg. 7/96, s. 14 (2).

(3) Commercial timber may be used for claim posts in areas where it is impracticable or undesirable to cut down trees. O. Reg. 7/96, s. 14 (3).

15. (1) A licensee staking a claim using metal tags must affix to each corner post the appropriately numbered tag and inscribe on each such post his or her name and license number and the date and time of erecting the post. O. Reg. 7/96, s. 15 (1).

(2) A licensee staking a claim using metal tags must inscribe on the line post tag attached to each line post the claim number, the corner post number, the direction of the corner post from which the licensee is proceeding and the distance from the line post to that corner post. O. Reg. 7/96, s. 15 (2).

(3) A licensee staking a claim without using metal tags must inscribe on each corner post the number of the post, his or her name and license number and the date and time of erecting the post. O. Reg. 7/96, s. 15 (3).

(4) A licensee staking a claim without using metal tags must inscribe on each line post his or her license number, the corner post number, the direction of the corner post from which the licensee is proceeding and the distance from the line post to that corner post. O. Reg. 7/96, s. 15 (4).

(5) Inscriptions and line post tags on line posts must be located,

(a) on the south face of any line post erected between the No. 1 corner post and the No. 2 corner post;

(b) on the west face of any line post erected between the No. 2 corner post and the No. 3 corner post;

(c) on the north face of any line post erected between the No. 3 corner post and the No. 4 corner post; and

(d) on the east face of any line post erected between the No. 4 corner post and the No. 1 corner post. O. Reg. 7/96, s. 15 (5).

(6) Information required to be inscribed on a claim post or metal tag must be inscribed in a legible and durable manner. O. Reg. 7/96, s. 15 (6).

(7) Inscriptions and metal tags must be located on the same side of a claim post. O. Reg. 7/96, s. 15 (7).

16. (1) If metal tags are affixed to corner posts and line posts at the time of staking a mining claim, the licensee who staked the claim must so indicate in the application to record the claim. O. Reg. 7/96, s. 16 (1).

(2) If metal tags are not used at the time of staking a mining claim, the holder of the claim must affix, as soon as possible after the recording of the claim but not later than six months after,

(a) to each corner post, a corner post tag inscribed with the recorded number of the claim; and

(b) to each line post, a line post tag inscribed with his or her license number, the claim number, the corner post number, the direction of the corner post last erected and the distance from the line post to that corner post. O. Reg. 7/96, s. 16 (2).

17. (1) If a licensee uses metal tags in staking two or more contiguous mining claims and the licensee applies to record the claims at the same time, the licensee may erect common corner posts at common corners or, where applicable, common witness posts to witness common corners, and common line and corner posts at common line and corner post locations. O. Reg. 7/96, s. 17 (1).

(2) If a common corner post is erected under subsection (1), the corner post tag and the inscription pertaining to each claim must be placed on the side of the common corner post facing the next corner post for that claim in a clockwise manner. O. Reg. 7/96, s. 17 (2).

(3) If a common witness post is erected under subsection (1), the witness post tag and the inscription pertaining to each claim must be placed on the side of the common witness post facing the next corner post for that claim in a clockwise manner. O. Reg. 7/96, s. 17 (3).

(4) If a common line post is erected under subsection (1), the line post tag and the inscription pertaining to each claim must be placed on the side of the common line post facing the next corner post for that claim in a clockwise manner. O. Reg. 7/96, s. 17 (4).

(5) The sketch or plan accompanying the application to record the claims referred to in subsection (1) must indicate the location of any common claim posts. O. Reg. 7/96, s. 17 (5).

18. (1) If a licensee stakes two or more contiguous mining claims without using metal tags at the time of staking and the licensee applies to record the claims at the same time, the licensee may erect common corner posts at common corners or, where applicable, common witness posts to witness common corners, and common line and corner posts at common line and corner post locations. O. Reg. 7/96, s. 18 (1).

(2) If a common corner post is erected under subsection (1), the corner post inscription pertaining to each claim must be placed on the side of the common corner post facing the next corner post for that claim in a clockwise manner. O. Reg. 7/96, s. 18 (2).

(3) If a common witness post is erected under subsection (1), the witness post inscription pertaining to each claim must be placed on the side of the common witness post in accordance with subsection 15 (5). O. Reg. 7/96, s. 18 (3).

(4) If a common line post is erected under subsection (1), the line post inscription pertaining to each claim must be placed on the side of the common line post facing the next corner post for that claim in a clockwise manner. O. Reg. 7/96, s. 18 (4).

(5) The sketch or plan accompanying the application to record the claim must show the location of any common claim posts. O. Reg. 7/96, s. 18 (5).

19. A person who stakes land open for staking and fails to apply to record the mining claim within the time set out in subsection 44 (1) of the Act is not entitled to have a mining claim recorded on the land or to stake the land again, and a mining recorder may refuse or cancel any such staking. O. Reg. 7/96, s. 19.

20. If it appears that a licensee has attempted, in good faith, to comply with the Act and this Regulation, a mining claim of the licensee is not invalidated by,

(a) the inclusion in the area of the claim of an area of more or less than the applicable size; or

(b) the licensee’s failure to describe or set out the actual area or parcel of land staked in the application to record the claim or in the sketch or plan accompanying the application. O. Reg. 7/96, s. 20.

21. Revoked: O. Reg. 196/06, s. 4.

22. Omitted (revokes other Regulations). O. Reg. 7/96, s. 22.

23. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 7/96, s. 23.