M-13.1 - Mining Act

Section 44 Disposition versions

2021-12-09

44. (Repealed).

1987, c. 64, s. 44; 1988, c. 9, s. 9, s. 14; 1999, c. 40, s. 178; 1998, c. 24, s. 22; 2021, c. 35, s. 38.

2000-11-22

44. Every person staking a parcel of land shall comply, as nearly as practicable, with the following staking rules:

(1)  he shall plant or erect a post at each of the four corners of the claim, beginning with post No.1 and ending with post No.4;

(2)  the post at the northeast corner shall be marked number 1, that at the southeast corner number 2, that at the southwest corner number 3 and that at the northwest corner number 4;

(3)  he shall affix to each post the tag bearing the claim number and the number corresponding to that post;

(4)  he shall inscribe, in a legible and durable manner, the date of staking on each tag and, on the tag identifying No.1 post, his name, his prospecting licence number and the time of the staking; where a parcel of land is staked by an officer or any other employee of the department acting in the performance of his duties or by any other person acting on behalf of the State, the prospecting licence number shall be replaced by the word “QUÉBEC”;

(5)  the lines between the four posts must be marked on the land so that the outlines of the claim are clearly visible from one post to the other;

(6)  where it is impossible to erect a post at a corner of the claim, the staker shall plant or erect a witness post at the nearest practicable point and inscribed, on the corresponding tag, opposite the letters “P.I.” (piquet indicateur), an indication of the distance and direction of the site of the true corner from the witness post and any other information required under paragraph 4;

(7)  every post shall stand not less than one metre nor more than 1.5 metres above the ground and have a diameter of approximately 10 centimetres or, if made of metal, 2 centimetres and shall be squared or faced on four sides for at least 30 centimetres from the top; a standing stump or tree of the same dimensions may be used as a post;

(8)  where a post cannot be planted or erected in a durable manner, it must be kept in place by a heap of stones or earth of not less than 75 centimetres in diameter and at least 50 centimetres high;

(9)  no post used for the staking of a claim may be used to stake another claim;

(10)  a staker who begins the staking of a claim must complete it before beginning the staking of another claim;

(11)  a staker staking contiguous parcels of land may use a single post at the apices of adjacent corners.

1987, c. 64, s. 44; 1988, c. 9, s. 9, s. 14; 1999, c. 40, s. 178; 1998, c. 24, s. 22.

1999-10-22

44. Every person staking a parcel of land referred to in section 42 shall comply, as nearly as practicable, with the following staking rules:

(1)  he shall plant or erect a post at each of the four corners of the claim, beginning with post No.1 and ending with post No.4;

(2)  the post at the northeast corner shall be marked number 1, that at the southeast corner number 2, that at the southwest corner number 3 and that at the northwest corner number 4;

(3)  he shall affix to each post the tag bearing the claim number and the number corresponding to that post;

(4)  he shall inscribe, in a legible and durable manner, the date of staking on each tag and, on the tag identifying No.1 post, his name, his prospecting licence number and the time of the staking; where a parcel of land is staked by an officer or any other employee of the department acting in the performance of his duties or by any other person acting on behalf of the State, the prospecting licence number shall be replaced by the word “QUÉBEC”;

(5)  the lines between the four posts must be marked on the land so that the outlines of the claim are clearly visible from one post to the other;

(6)  where it is impossible to erect a post at a corner of the claim, the staker shall plant or erect a witness post at the nearest practicable point and inscribed, on the corresponding tag, opposite the letters “P.I.” (piquet indicateur), an indication of the distance and direction of the site of the true corner from the witness post and any other information required under paragraph 4;

(7)  every post shall stand not less than one metre nor more than 1.5 metres above the ground and have a diameter of approximately 10 centimetres or, if made of metal, 2 centimetres and shall be squared or faced on four sides for at least 30 centimetres from the top; a standing stump or tree of the same dimensions may be used as a post;

(8)  where a post cannot be planted or erected in a durable manner, it must be kept in place by a heap of stones or earth of not less than 75 centimetres in diameter and at least 50 centimetres high;

(9)  no post used for the staking of a claim may be used to stake another claim;

(10)  a staker who begins the staking of a claim must complete it before beginning the staking of another claim;

(11)  a staker staking contiguous parcels of land may use a single post at the apices of adjacent corners.

1987, c. 64, s. 44; 1988, c. 9, s. 9, s. 14; 1999, c. 40, s. 178.

1988-10-24

44. Every person staking a parcel of land referred to in section 42 shall comply, as nearly as practicable, with the following staking rules:

(1)  he shall plant or erect a post at each of the four corners of the claim, beginning with post No.1 and ending with post No.4;

(2)  the post at the northeast corner shall be marked number 1, that at the southeast corner number 2, that at the southwest corner number 3 and that at the northwest corner number 4;

(3)  he shall affix to each post the tag bearing the claim number and the number corresponding to that post;

(4)  he shall inscribe, in a legible and durable manner, the date of staking on each tag and, on the tag identifying No.1 post, his name, his prospecting licence number and the time of the staking; where a parcel of land is staked by an officer or any other employee of the department acting in the performance of his duties or by any other person acting on behalf of the Crown, the prospecting licence number shall be replaced by the word “QUÉBEC”;

(5)  the lines between the four posts must be marked on the land so that the outlines of the claim are clearly visible from one post to the other;

(6)  where it is impossible to erect a post at a corner of the claim, the staker shall plant or erect a witness post at the nearest practicable point and inscribed, on the corresponding tag, opposite the letters “P.I.” (piquet indicateur), an indication of the distance and direction of the site of the true corner from the witness post and any other information required under paragraph 4;

(7)  every post shall stand not less than one metre nor more than 1.5 metres above the ground and have a diameter of approximately 10 centimetres or, if made of metal, 2 centimetres and shall be squared or faced on four sides for at least 30 centimetres from the top; a standing stump or tree of the same dimensions may be used as a post;

(8)  where a post cannot be planted or erected in a durable manner, it must be kept in place by a heap of stones or earth of not less than 75 centimetres in diameter and at least 50 centimetres high;

(9)  no post used for the staking of a claim may be used to stake another claim;

(10)  a staker who begins the staking of a claim must complete it before beginning the staking of another claim;

(11)  a staker staking contiguous parcels of land may use a single post at the apices of adjacent corners.

1987, c. 64, s. 44; 1988, c. 9, s. 9, s. 14.