Mines

Notices 2005

Conditions for Map Designation of Claims in Staking Parks

This directive takes effect on March 3, 2005. It renders all previous directives on the same subject null and void. The directive is adopted under the provision of section 28.1 of the Mining Act (R.S.Q., c. M-13.1), which stipulates, among other things that:

Map designation is permitted in respect of any parcel of land within the boundaries of a territory where claims may be obtained by ground staking if it is evident that the location of the perimeter of the parcel of land to which the map designation notice applies is not likely to result in a dispute between holders of mining rights.

Map designation in staking parks is permitted on the following conditions:

  1. Where the cell is free
    1. The person map designating a free cell must provide a declaration from the holder responsible for staked claimslocated less than 1,000 metres from the requested cell, whether or not the person is the holder responsible for the staked claims or a third person.
    2. The declaration must include the name of the holder responsible for the staked claim(s), the alphanumerical code or number of the staked claim(s) located less than 1,000 metres from the map designated cell, and the location of the map designated cell.
    3. The declaration must be dated and signed by the holder responsible for the staked claim(s) or by his or her representative.
    4. The declaration must confirm that the staked claims are not located in the requested cell. The date of the declaration must be prior to or equal to the date of the map designation. The declaration must accompany the notice of map designation.The declaration takes effect on the date on which it is received at the Bureau du registraire.
  2. Where the residual portion of a cell is partly covered by one or more staked claims

    Only one of the staked claim holders may obtain the residual portion of the cell by map designation. In order to do this, the holder must produce the notice of map designation and an application for conversion. The application for conversion must be accompanied by the necessary documents, including the agreement entered into between the holders where the staked claims are located at less than 400.

  3. Where the cell or the residual portion of the cell is located in both a mining exploration licence (PEM) and in a staking park
    1. If one or more staked claims are located less than 1,000 metres from a cell that may be map designated by the PEM holder, then rules “A” to “D” of point 1 apply to the PEM holder.
    2. If the cell is partially covered by one or more staked claims, only the PEM holder may obtain the residual portion of cell by map designation. An agreement entered into by the PEM holder and the holder of the staked claim(s) must accompany the application for map designation.This agreement establishes the location of the boundaries of the staked claims.
    3. If the cell is partially covered by one or more staked claims held by the PEM holder,the notice of map designation must be accompanied by an application for conversion of the staked claim(s).

  4. Where a notice of staking refers to a territory on which a declaration has been made, the conditions of section 207 of the Mining Actshall apply with respect to the date and time of receipt of the notice of staking and the declaration.

    For example, if the staking took place before receipt of the declaration at the Bureau du registraire, the staking shall have priority over the notice of map designation. Thus, the notice of map designation shall be refused and the registrar shall propose a map-designated claim to the person presenting the notice of staking. If the person presenting the notice of staking refuses the registrar’s proposal, the staking park shall be restored. The declaration may be consulted in the register.In situations where the order of receipt of notices cannot be determined, a drawing shall be made.

Setting up of the declaration against third persons

The declaration may be set up against third persons. It shall take effect at the date on which the declaration is received at the Bureau du registraire. The declaration of the holder of a staked claim remains valid even if the map-designated claim is not assigned. Where the declaration shows that the area covered by the staked claim is not situated within the boundaries of a cell and allows for map designation thereof, the boundaries of the cell shall take precedence over the boundaries of the ground staked claim(s) covered by the statement.

Directive regarding the signature of statutory work reports

This directive will come into effect on November 28, 2005. It renders null and void any other previous directive on the same topic. The directive is adopted in accordance with provisions in Chapter VII of the Regulation respecting mineral substances other than petroleum, natural gas and brine (c. M-13.1, r.2), which namely stipulate that:

Statutory work reports under the Mining Act (R.S.Q., c. M.13-1) shall be signed by a qualified professional under whose supervision the work was carried out;
“Qualified professional” means a geologist who is a member of the Ordre des géologues du Québec or an engineer who is a member of the Ordre des ingénieurs du Québec.

The qualified professional signing a statutory work report under the Mining Act must specify his/her registration number from the Ordre des géologues du Québec or the Ordre des ingénieurs du Québec, or affix his/her seal on the report.

Any work report that does not show the registration number or the seal of a qualified professional, as well as his/her signature, will be refused.