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Volume 64, No. 6
73/2021
The British Columbia Gazette, Part II
March 23, 2021

B.C. Reg. 73/2021, deposited March 11, 2021, under the MINERAL TENURE ACT [section 65 (2)]. Order in Council 134/2021, approved and ordered March 11, 2021.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(a) the Mining Rights Compensation Regulation, B.C. Reg. 19/99, is amended as set out in the attached Schedule 1, and

(b) the Mineral Tenure Act Regulation, B.C. Reg. 529/2004, is amended as set out in the attached Schedule 2.

— B. RALSTON, Minister of Energy, Mines and Low Carbon Innovation; M. RANKIN, Presiding Member of the Executive Council.

Schedule 1

1 Section 1 of the Mining Rights Compensation Regulation, B.C. Reg. 19/99, is amended

(a) by repealing the definition of "group of titles", and

(b) in the definition of "value" by striking out "sections 5 and 6" and substituting "section 5".

2 Section 2 (2) (a) (i) and (ii) is amended by striking out "or group of titles".

3 Sections 6 and 9 (3) are repealed.

Schedule 2

1 Section 4 (11) of the Mineral Tenure Act Regulation, B.C. Reg. 529/2004, is repealed.

2 The following section is added:

Land that ceases to be alienated land or subject to no registration reserve

4.1 (1) In this section:

"conditional registration reserve" means a mineral reserve that permits registering a mineral title under circumstances or subject to limitations contained in the reserve;

"mineral reserve" means a mineral reserve under section 22 of the Act;

"no registration reserve" means a mineral reserve that prohibits a free miner from registering a mineral title on land covered by the reserve.

(2) Subject to subsection (3), if a person holds a claim in respect of a cell and either of the following applies to land within the cell, the mineral or placer rights of the holder of the claim extend to that land:

(a) the land

(i) ceases to be alienated land, and

(ii) is not subject to a no registration reserve;

(b) the land

(i) ceases to be subject to a no registration reserve, and

(ii) is not alienated land.

(3) The following applies if, at the time the event referred to in subsection (2) (a) (i) or (b) (i) occurs, a portion of the land referred to in that subsection is subject to a conditional registration reserve:

(a) in the case of a conditional registration reserve that permits registering a mineral title under circumstances, the holder's mineral or placer rights do not extend to that portion until those circumstances exist;

(b) in the case of a conditional registration reserve that permits registering a mineral title subject to limitations, the holder's mineral or placer rights that extend to that portion are subject to those limitations.


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