M-13 - Mining Act

Section 33 Disposition versions

1982-12-16

33. (1)  In surveyed territory, the sides of the claims must follow the lines established at the time of the original division of the land, unless the Minister orders otherwise. In other respects, the staking procedure shall be that described in section 31 except that, in the case of whole lots, the staker is only required to mark out or indicate on the ground the range lines between the stakes.

(2)  Staked lands may be composed:

(a)  of a whole lot or of several contiguous whole lots, the total area of which does not exceed twenty hectares;

(b)  of whole lots or half-lots in the case of lots of more than twenty hectares but not more than forty-five hectares in area;

(c)  of whole lots, half-lots or quarter-lots in the case of lots of more than forty-five hectares but not more than ninety hectares in area.

(3)  In the case of a whole lot, half-lot or quarter-lot partly covered by water or encumbered by a right of way for a road or other purpose, the claim shall include the stretch of water or the land encumbered by the servitude.

(4)  When at the boundary of a cadastral lot there is a strip of land encumbered by a right of way for a road or other purpose, the claim staked on such lot shall include the adjacent half of such strip.

(5)  If a lot of irregular shape is bounded by a river or stretch of water, the staker may extend underwater, by witness posts on the shore, the sides of the claim, so as to give it the area and shape that the lot would have had, if it had not bordered on a river or stretch of water.

(6)  In the Îles-de-la-Madeleine, staking may be done as in unsurveyed territory.

1965 (1st sess.), c. 34, s. 35; 1970, c. 27, s. 6; 1977, c. 60, s. 67; 1982, c. 58, s. 45.

1977-12-31

33. (1)  In surveyed territory, the sides of the claims must follow the lines established at the time of the original division of the land, unless the Minister orders otherwise. In other respects, the staking procedure shall be that described in section 31 except that, in the case of whole lots, the staker is only required to mark out or indicate on the ground the range lines between the stakes.

(2)  Staked lands may be composed:

(a)  of a whole lot or of several contiguous whole lots, the total area of which does not exceed twenty hectares;

(b)  of whole lots or half-lots in the case of lots of more than twenty hectares but less than forty-five hectares in area;

(c)  of whole lots, half-lots or quarter-lots in the case of lots of more than forty-five hectares but not more than ninety hectares in area.

(3)  In the case of a whole lot, half-lot or quarter-lot partly covered by water or encumbered by a right of way for a road or other purpose, the claim shall include the stretch of water or the land encumbered by the servitude.

(4)  When at the boundary of a cadastral lot there is a strip of land encumbered by a right of way for a road or other purpose, the claim staked on such lot shall include the adjacent half of such strip.

(5)  If a lot of irregular shape is bounded by a river or stretch of water, the staker may extend underwater, by witness posts on the shore, the sides of the claim, so as to give it the area and shape that the lot would have had, if it had not bordered on a river or stretch of water.

(6)  In the Îles-de-la-Madeleine, staking may be done as in unsurveyed territory.

1965 (1st sess.), c. 34, s. 35; 1970, c. 27, s. 6; 1977, c. 60, s. 67.