Canada Mining Regulations – Sections 11 to 18
Where you can stake:
The Canada Mining Regulations apply to lands where the Crown administers the mineral rights.You can stake claims on Crown lands except where there are:
- national parks;
- cemeteries or burial grounds and archaeological sites;
- mineral claims in good standing;
- minerals that have been granted or leased;
- land withdrawal orders (which will be noted on the claim map);
- areas administered or controlled by the Minister of National Defence, the Minister of Natural Resources Canada or the Minister of Transport, unless you have written consent;
- private lands, either through a surface lease or a grant, unless the surface rights holder consents, or in the case of some settled land claims, where notification is given; and
- Inuit Owned surface/sub-surface lands.
This last point is particularly important in the Nunavut Settlement Area.You may find large areas of land that the surface rights are Inuit owned land, but the subsurface is managed by the Crown. In these areas, you must have permission to access the land before you can go and stake a claim.
If you plan to prospect or stake a mineral claim on leased land, privately owned land including Inuit owned surface land, you must include relevant authorization from the property holder concerning access, along with your applications and sketches, or your mineral claim(s) will not be recorded.
The INAC Land Administration Office has maps showing the location of national parks, Inuit owned lands, private land, land under withdrawal orders, other leased or reserved land and existing mineral rights.These maps can be purchased by phone at (867) 975–4275 or by email at email@example.com. The maps can also be viewed online through SIDViewer
A) How You "Stake" Your Mineral Claim
If you have a valid prospector's licence, you can stake, or have staked for you, a mineral claim. The sketch on page 18 shows what a claim should look like on the ground.
The claim must be:
- rectangular as nearly as possible, with the sides running north, south, east and west;
- no larger than 2582.5 acres (1045.1 hectares) and no smaller than 51.65 acres (20.90 hectares);
- have right angles (90 degree angles) where possible.
The length and width of the claim must be 1500 feet (457.2 metres) or multiples of 1500 feet (457.2 metres) and the length of the claim cannot be more than five times the width (there are some exceptions listed under section 13 of the regulations).
Each corner of the claim must be marked by a legal post.The post must be firmly planted in or on the ground, upright, and be at least four feet high. It also has to be at least 1½ inches (3.81 centimetres) wide on all four sides. It can be a cut-off tree, at least four feet high, with the upper one foot squared.
When staking, the posts must be numbered in a clockwise direction:
1st the northeast corner post is Post NEl;
2nd the southeast corner post is Post SE2;
3rd the southwest comer post is Post SW3; and
4th the northwest corner post is Post NW4.
In Nunavut where there are no trees, wooden posts or mounds of earth or stone can be used. If a mound of earth or stone is used, it must be coned-shaped, no less than 3 feet (0.91 metres) around at the bottom, and at least 3 feet (0.91 metres) high.
Claim tags (available at the Mining Recorder's Office for $2 a set) must be attached to each corner post as a marker. If a mound is used, the tag should be put in a waterproof container and placed in the top of the mound.
All tags on corner posts must be permanently etched with:
- the name of the claim;
- the name of the claim staker;
- the name of the person recording the claim if that person is not the claim staker; and
- the date, hour and minute that the post was put up.
In addition, the tag on post "NE1" must also be marked with the licence number of the claimholder. You should permanently etch this information on the tag. Pen or marker should be avoided because they wear off quickly.
Legal posts also known as boundary posts must be put up no more than 1500 feet (457.2 metres) apart along the boundary of the claim and numbered in order, starting with number one from each corner post (see sketch). You can use either a legal size wooden post or earth, stone mounds which must be over 18 inches (45.72 centimetres) high and 3 feet (0.91 metres) around at the bottom.
Each boundary post must be marked with:
- the name of the claim;
- the number of the boundary post; and
- letters NBP, EBP, SBP,WBP to indicate the location of the claim.
When you are finished staking the mineral claim you must permanently etch on the tag or post of "NEl" the time (hour, minute, day, month and year) that you finished.
If a corner post cannot be set up because of a lake, river or other natural barrier, you must place this corner post on the boundary line as close as possible to the claim corner post, this is commonly referred to as a witness post.This tag must be marked with all of the information needed on tags for corner posts, along with:
- the letters W.P. (Witness Post); and
- the direction and distance (in feet) to where the corner post should actually have been.
If a mound of earth or stone is used as the witness post, the information listed above shall be written on paper or other durable material and put in a waterproof container and placed in the top of the mound.
B) Recording Mineral Claims
Canada Mining Regulations – Sections 24 to 28
Once a mineral claim has been staked, you have 60 days to submit the following information to the Mining Recorder's Office:
- a Form 3, signed by the person or company in whose name the claim was staked;
- a 1:50,000 sketch of the claim which must show any recognizable landmarks, where the claim is in relation to other claims, and the position of all posts;
- the fee of $0.10 per acre; and
- any authorization from the surface rights holder.
Form 3 can be obtained by contacting the Mining Recorder's Office or from the Indian and Northern Affairs Canada Web site.