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"Point in Time" Regulation Content

Mineral Tenure Act

Mineral Tenure Act Regulation

B.C. Reg. 529/2004

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 4 July 1, 2012
March 11, 2021
Section 4.1 March 11, 2021
Section 5 July 1, 2012
Section 5.1 July 1, 2012
Section 6 July 1, 2012
Section 8 July 1, 2012
Section 9 July 1, 2012
Section 10 July 1, 2012
Section 11 July 1, 2012
Section 12 July 1, 2012
Section 16 February 5, 2021
Section 17 July 1, 2012
Section 18 September 1, 2016
Section 19 July 1, 2012
Section 20 December 31, 2006
Section 22 July 1, 2012
Schedule B July 1, 2012

 Section 4 (1) BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

(1)  An individual claim may consist of up to 25 complete or partial adjoining cells.

 Section 4 (11) BEFORE repealed by BC Reg 73/2021, effective March 11, 2021.

(11) If land is released from being alienated land or released from being reserve land under section 22 of the Act, and there is a cell claim over the land, the mineral or placer rights of the holder of the cell claim extend to the previously alienated or reserved land without any additional fee.

 Section 4.1 was enacted by BC Reg 73/2021, effective March 11, 2021.

 Section 5 (6) BEFORE repealed by BC Reg 89/2012, effective July 1, 2012.

(6)  A recorded holder who registers the amalgamation of a cell claim must pay the prescribed fee.

 Section 5.1 was enacted by BC Reg 89/2012, effective July 1, 2012.

 Section 6 (3) BEFORE repealed by BC Reg 89/2012, effective July 1, 2012.

(3)  A recorded holder who registers the reduction of a cell claim must pay the prescribed fee.

 Section 8 (2) BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

(2)  In respect of the value of exploration and development required to maintain a claim in good standing under section 29 of the Act, on or before the expiry date the recorded holder must pay the prescribed fee and satisfy the exploration and development requirement for the anniversary year by

 Section 8 (4) BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

(4)  The value of exploration and development required to maintain a mineral claim for one year is at least

(a) $4 per hectare during each of the first, second and third anniversary years, and

(b) $8 per hectare for each subsequent anniversary year.

 Section 8 (5) BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

(5)  The value of the exploration and development required to maintain a placer claim for one year is at least $10 per hectare.

 Section 9 (4) BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

(4)  If there has been a minimum of 10 years of exploration and development recorded on a claim, the recorded holder may apply credits from their portable assessment credit account to maintain that claim for up to 5 years by registering the credit against the claim and on payment of the prescribed fee.

 Section 10 (1) BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

(1)  For the purpose of maintaining a claim in good standing under section 29 of the Act, a recorded holder may pay the prescribed fee and make a payment instead of doing exploration and development.

 Section 10 (3) BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

(3)  The payment and the fee required under subsection (1) must be made at the time of registration.

 Section 10 (5) BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

(5)  The required payment to maintain a mineral claim for one year is

(a) $4 per hectare for each of the first, second and third anniversary years, and

(b) $8 per hectare for each subsequent anniversary year.

 Section 10 (6) BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

(6)  The required payment to maintain a placer claim for each year is $10 per hectare.

 Section 11 (1) BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

(1)  A recorded holder may move the existing expiry date of a claim forward to a different expiry date by registering an expiry date change, paying the prescribed fee, and

(a) registering a statement of exploration and development showing at least the amount of exploration and development required under section 8 to maintain the claim to the new expiry date, or

(b) paying cash instead of exploration and development, in the amount required under section 10, to maintain the claim until the new expiry date.

 Section 12 (4) BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

(4)  The transfer of ownership takes effect on acceptance and completion of the registration of the transfer and payment of the prescribed fee by the transferee.

 Section 16 (2) (b) BEFORE amended by BC Reg 11/2021, effective February 5, 2021.

(b) a report written by a member as defined in the Engineers and Geoscientists Act, or

 Section 17 (2) BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

(2)  A recorded holder of a placer claim must not produce or cause to be produced placer minerals from more than

(a) 2 000 m3 of pay dirt from each legacy claim in a year, or

(b) 1 000 m3 of pay dirt from each cell in a cell claim in a year.

 Section 18 (1) (b) (iii) BEFORE amended by BC Reg 50/2016, effective September 1, 2016.

(iii) in the absence of the post or tag in the field as required under subparagraph (ii), a statutory declaration setting out the particulars of the search for the post or tag, a description of the location where the applicant for lease believed the post or tag to have been originally located and the information that the applicant believes was contained on the post or tag;

 Section 19 BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

 Fees for registration, filing and other matters

19  (1)  The prescribed fees to be paid to the chief gold commissioner for registrations, filing of records and other matters under the Act and this regulation are set out in Schedule B.

(2)  Prescribed fees must be paid before any registration, filing of any record or other action is done under the Act or this regulation.

 Section 20 BEFORE self-repeal, effective December 31, 2006.

 Transitional provision: global positioning system survey

20  (1)  The cost of establishing the precision survey coordinates of the legal posts of legacy mineral claims or legacy placer claims using the global positioning system may be registered as exploration and development if the following conditions are met:

(a) the coordinates, corrected data and resulting map of the surveyed claims comply with the standards and guidelines for undertaking global positioning system surveys established by the chief gold commissioner;

(b) the data and map required in paragraph (a) are submitted to the chief gold commissioner as a report under section 33 of the Act within 30 days of registering the statement of exploration and development.

(2)  A global positioning system survey of the position of a legacy mineral claim or legacy placer claim may be recorded as exploration and development only once during the life of the claim.

(3)  This section is repealed on December 31, 2006.

 Section 22 was enacted by BC Reg 89/2012, effective July 1, 2012.

 Schedule B BEFORE amended by BC Reg 89/2012, effective July 1, 2012.

Schedule B

Prescribed Fees


ItemDescriptionFee

1Free miner certificate
• individual
$25.00
• individual — senior over 65
$0.00
• corporate
$500.00
• individual partnership
$25.00
• corporate partnership
$500.00

Registration of mineral cell claims
• per hectare
$0.40

Registration of placer cell claims
• per hectare
$2.00

Amalgamation of cell claims
• each cell claim
$10.00

Reduction of cell claim
• each cell claim
$10.00

Mineral claim, exploration and development fee
• per hectare per year
$0.40

Mineral claim, payment instead of exploration and development fee
• per hectare per year
$0.40

Placer claim, exploration and development fee
• per hectare per year
$2.00

Placer claim, payment instead of exploration and development fee
• per hectare per year
$2.00

10 Expiry date change fee
• mineral claim per hectare per day, based on exploration and development fee
$0.40
• placer claim per hectare per day, based on exploration and development fee
$2.00

11Transfer of ownership
• per claim or lease
$10.00

12 Registration of document or notice
• per claim or lease
$10.00

13 Mining Lease application (non-refundable)$100.00

14 Mining Lease annual rental
• per hectare
$10.00

15 Placer lease application (non-refundable)$100.00

16 Placer Lease annual rental per hectare$5.00

17 Complaints (non-refundable)
• per claim
$200.00
• per document
$200.00

18 Search for, or copy of a record$2.50
Computer generated reports on multiple titles based on client-specified search criteria
ordered through the office of the Chief Gold Commissioner
 
• per request
$20.00
• plus for each page of a record
$0.50
Certified true copy of document$10.00
For the visual examination of records, or the provision of any other service for which
no fee is prescribed, per hour or part of an hour
$25.00