Mineral Disposition and Mineral Lease Regulation, 1992

Mineral Disposition and Mineral Lease Regulation, 1992, M.R. 64/92 The Mines and Minerals Act , C.C.S.M. c. M162 Regulation 64/92 Registered March 20, 1992 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION 1 Definitions PART 2 ADMINISTRATION 2 Extension of time cash deposit 3 Confidentiality of reports 3.1 Submission of applications 3.2 When applications filed 3.3 Repealed PART 3 LICENCES 4 Prospecting licence 5 Lands not available for mineral exploration licence 6 Mineral exploration licences — applications and renewals 6.1 Designation of zones for mineral exploration licences 7 Provisions re exceptions and licences in certain zones 8 Additional provisions re licences 9 Work report 10 Repealed 11 Notice of airborne survey 12 Airborne survey results PART 4 CLAIMS 13 Boundary measurement 14 Surveyed territory 15 Unsurveyed territory 15.1 Name of claim in unsurveyed territory 16 Use of posts 17 Posts 18 Posts in unsurveyed territory 19 Tags 20 No refund 21 Fractional claim 22 Additional posts 23 Treeless territory 24 Application to record 25 Certificate 26 Application to reduce area 27 Required work 28 Work credits 28.1 Grouping claims 29 to 29.3 Repealed 29.4 Issuance and use of assay credits 29.5 Terms and conditions re assays 29.6 Transition: assay credit coupons 30 Staking dispute 31 Required work dispute 32 Order of Mining Board PART 5 MINERAL LEASES 33 Application 34 Renewal of mineral lease 35 Additional requirements 36 Boundary measurement 37 Plan of survey 38 Rent 39 Grouping mineral leases and claims 40 Report of work 41 Change in area of mineral lease 42 Amendment of mineral lease PART 6 SURFACE LEASES 43 Application 44 Repealed PART 7 TRANSFERS AND ASSIGNMENTS 45 Application for transfer or assignment PART 8 STATISTICAL RETURNS AND MINE PLANS 46 Mine annual return 47 Annual statement of exploration expenditures 48 Mine plans 49 Submission of plans before mining ceases PART 9 INTEREST 50 Interest payable on debt or overpayment PART 10 REPEAL AND COMING INTO FORCE 51 Repeal 52 Coming into force Schedule A Fees, Rentals and Expenditures B Required Work and Reports of Required Work C Lands not Available for Mineral Exploration Licences D Repealed E Designation of zones for mineral exploration licences PART 1 INTERPRETATION Definitions 1 In this regulation, "Act" means The Mines and Minerals Act ; (« Loi ») "certificate" means a document that is prima facie evidence of (a) a mineral disposition or lease, (b) a grouping of claims or mineral leases or both, (c) a record of required work or actual work; (« certificat ») "legal subdivision" means a quarter of a quarter-section, consisting of 16 hectares more or less, as defined in The Surveys Act ; (« subdivision légale ») "surveyed territory" means all that portion of the province that is within the following described boundary and that has been surveyed into Sections, Townships and Ranges, or into Parish and Settlement Lots on Plans of Survey approved and confirmed by the Surveyor General of Canada or the Director of Surveys of Manitoba: commencing at the intersection of the Western boundary of the province with the 53rd parallel; thence Easterly along said 53rd parallel to its intersection with the Eastern limit of Range 7 EPM; thence Southerly along the East limit of said Range to the Southwest shore of Traverse Bay of Lake Winnipeg; thence Southeasterly and Southerly along said shore and the Left Bank of the Winnipeg River to the Northern limit of Township 18; thence Easterly along the Northern limit of said Township 18 to the Eastern limit of Range 10 EPM; thence Southerly along the East limit of said Range 10 EPM to the Left Bank of the Winnipeg River; thence Southerly and Southeasterly following the sinuosities of said Left Bank to its intersection with the West boundary of Whiteshell Provincial Park; thence Southerly and Easterly along the boundary of said Park to its intersection with theWest Limit of the E½ of Section 18-8-16 EPM; thence Southerly along said limit to the South limit of said Section 18; thence Easterly along said South limit and the South limits of Sections 17 and 16-8-16 EPM to the West limit of Section 15-8-16 EPM; thence Southerly along the West limit of Section 10-8-16 EPM to the South limit of said Section 10; thence Easterly along the South limits of Sections 10 and 11-8-16 EPM to the West limit of Section 12-8-16 EPM; thence Southerly along the West limit of Section 1-8-16 EPM to the South limit of said Section 1; thence Easterly along said South limit to the West limit of Section 6-8-17 EPM; thence Southerly along the West limits of Sections 31, 30, 19, 18 and 7-7-17 EPM to the South limit of said Section 7; thence Easterly along the South limits of Sections 7, 8, 9, 10, 11 and Frac Section 12-7-17 EPM to the Eastern Boundary of the province; thence Southerly along said Eastern boundary to its intersection with the Southern boundary of the province; thence Westerly along said Southern limit to its intersection with the Western boundary of the province; thence Northerly along said Western boundary to the point of commencement; (« territoire arpenté ») "unsurveyed territory" means any area of the province that is not surveyed territory. (« territoire non arpenté ») "Zone A" means the area of the province designated as such in section 6.1; (« zone A ») "Zone B" means the area of the province designated as such in section 6.1. (« zone B ») M.R. 112/93; 178/2002 PART 2 ADMINISTRATION Extension of time cash deposit 2 The cash deposit to be paid as security during an extension of a time period allowed under the Act shall not exceed (a) l0% of the original cash deposit, where such a deposit has been previously levied; or (b) $5,000, where no deposit was in effect at the time the extension was requested; whichever is the greater. Confidentiality of reports 3(1) A report of required work or other work submitted in accordance with the Act and this regulation must not be made publicly available until the earlier of the following: (a) the holder of the lease or mineral disposition in question consents to the report being made publicly available; (b) the lease or mineral disposition, which is the subject of the report, is abandoned, lapses or is surrendered; (c) three years have passed since the report was submitted. 3(2) A report that is confidential under subsection (1) may be used in a government publication to the extent that the holder consents to such use. 3(3) Information contained in a report of required work or other work may be used for research and investigation by government personnel who have authorization from the director or minister. 3(4) Subsection (1) does not apply to a report of work describing the results of an airborne survey of open Crown mineral land. M.R. 178/2002 ; 203/2011 Submission of applications 3.1 An application under this regulation may be filed (a) by submitting an original application to the office of the appropriate official during regular business hours; (b) by facsimile transmission if (i) the recorder, director or minister has issued a public notice indicating that the application in question may be submitted by facsimile transmission, (ii) the cover page of the facsimile transmission contains all information required by the recorder, director or minister, (iii) no more than 32 pages, including the cover page, are being transmitted, and (iv) the facsimile transmission is sent to a specified facsimile number intended to receive the application in question; or (c) through the use of the form provided, if any, on an Internet site specified by the recorder, in accordance with the terms and conditions of use listed on the site. M.R. 178/2002 ; 203/2011 When applications filed 3.2(1) An application received in paper form or electronically under section 3.1 is deemed to be filed at the later of the following times: (a) the time the application, in a complete and legible form, is received; (b) if fees, cash deposits or rent are required to be paid to the recorder, director or minister in respect of the application, the time all applicable application fees, cash deposits and rent are received in the office of the recorder, director or minister. 3.2(2) For the purposes of this section, application fees, cash deposits and rent are deemed to be received at the same time as the application submitted electronically if (a) the electronic submission contains (i) an authorization from the applicant permitting the total amount of fees, deposits and rent to be charged to the applicant's credit card, if the terms and conditions of use listed on the Internet site, or the director, recorder or minister, indicate that payment by that type of credit card will be accepted, and (ii) all information required to process payment by credit card; and (b) payment for the total amount of fees, deposits and rent is promptly processed by the credit card issuer. 3.2(3) An application submitted electronically will not be processed (a) until all applicable application fees, cash deposits and rent are received; and (b) if the application received is incomplete or illegible. 3.2(4) Despite the other provisions of this section, an application to record a mining claim is deemed to be filed at the time the application, in a complete and legible form, is received. M.R. 178/2002 ; 203/2011 3.3 [Repealed] M.R. 178/2002 ; 203/2011 PART 3 LICENCES Prospecting licence 4(l) Application for a prospecting licence shall be made in writing to the mining recorder on a form furnished by the recorder and shall be accompanied by payment of the fee prescribed therefor in Schedule A. 4(2) A prospecting licence that is lost or destroyed may be replaced upon application to the mining recorder for a replacement licence and payment of the fee prescribed therefor in Schedule A. M.R. 203/2011 Lands not available for mineral exploration licence 5 No mineral exploration licence shall be granted for any of the lands described in Schedule C. M.R. 178/2002 Application for mineral exploration licence 6(1) An application for a mineral exploration licence shall be made in writing to the recorder on a form provided by the recorder, and shall be accompanied by (a) the fee prescribed in Schedule A; (b) a cash deposit of $0.50 per hectare or fraction of a hectare for all land within the area covered by the licence; (c) an outline of the exploration program for the area covered by the licence; and (d) information that will enable the recorder to determine the area covered by the licence. Renewal of mineral exploration licence 6(2) An application to renew a mineral exploration licence shall be made in writing to the director. M.R. 178/2002 Designation of zones for mineral exploration licences 6.1 The province is divided into the zones described in Schedule E for the purpose of classifying the land covered by a mineral exploration licence. M.R. 178/2002 Size of licence area in Zone A 7(1) No mineral licence shall be issued for land located in Zone A unless the area covered by the licence is at least 5,000 hectares but no larger than 50,000 hectares. Size of licence area in Zone B 7(2) No mineral licence shall be issued for land located in Zone B unless the area covered by the licence is at least 5,000 hectares but no larger than 100,000 hectares. Shape of area 7(3) Unless the Director issues a written exception, the area covered by a mineral exploration licence shall be approximately rectangular in shape and its length must not be not more than six times greater than its width. Exception 7(4) Notwithstanding subsection (3), the shape of the area covered by a mineral exploration licence may deviate from a rectangular shape due to the presence of an adjoining disposition or other lands not available for disposition. M.R. 178/2002 Term of licence 8(1) Unless it is surrendered under subsection 54(1) of the Act or suspended or revoked under section 57 of the Act, a mineral exploration licence has a term of (a) three years if the area covered by the licence is located in Zone A; (b) five years if the area covered by the licence is located in Zone B. Required work 8(2) The holder of a mineral exploration licence shall ensure that (a) required work of a type described in Schedule B is performed in the area covered by the licence; and (b) expenditures incurred to perform the required work shall be as set out in Schedule A. M.R. 178/2002 Work report 9 Within 90 days after each anniversary date of the issuance of the mineral exploration licence, the holder of the licence shall, in accordance with Schedule B, provide the recorder with a report setting out (a) all required work performed in the area covered by the licence during the preceding year; and (b) the expenditures associated with the performance of the required work. M.R. 178/2002 10 [Repealed] M.R. 178/2002 Notice of airborne survey 11(1) A notice of an airborne survey given under section 58 or 59 of the Act must (a) specify (i) the name and address of the person on whose behalf the survey is to be conducted, and (ii) the expected start and finish dates of the survey; and (b) be accompanied by a map outlining the area to be surveyed. 11(2) A person who intends to start an airborne survey must give the director notice under subsection (1), at least three days in advance, of the actual start date of the airborne survey.  M.R. 178/2002 ; 203/2011 Airborne survey results 12 A person who has an airborne survey conducted must submit a report to the director setting out the results of the survey that includes all of the information and documents referred to in Schedule B. M.R. 249/96; 178/2002 PART 4 CLAIMS Boundary measurement 13 The boundaries of a claim shall be measured horizontally and, except in the case of a fractional claim staked in accordance with section 21, shall (a) comprise not less than 16 hectares nor more than 256 hectares, more or less; and (b) be approximately rectangular in shape and its length shall not exceed four times its width, and no side shall be shorter than 400 metres more or less. Surveyed territory 14(1) A claim in surveyed territory shall consist of one or more legal subdivisions or their equivalents, or such parts of legal subdivisions as are available for staking, and the boundaries of the claim shall coincide with the legal land survey system or with the boundaries of existing surveyed land parcels. 14(1.1) All claims in surveyed territory shall be assigned a name by the staker of the claim at the time of application that (a) contains at least three characters; and (b) has a minimum of three letters at the start of the name. 14(2) The staker of a claim in surveyed territory is not required to erect claim posts. M.R. 178/2002 Unsurveyed territory 15(1) To stake a claim in unsurveyed territory, the following provisions apply: (a) a post shall be located at each of the four corners of the claim, marking the post at the northeast corner as "No.1", the post at the southeast corner as "No.2", the post at the southwest corner as "No.3" and the post at the northwest corner as "No.4"; (b) where a claim boundary exceeds 400 metres in length between posts, boundary posts shall be located at intervals not exceeding 400 metres on the boundary of the claim; (c) the boundary of the claim shall be clearly marked at the time of staking by (i) blazing standing timber, (ii) placing pickets, or (iii) any other method sufficient to make the claim boundary readily identifiable where standing timber is not present or such blazing is not permitted. 15(2) The staker of a claim in unsurveyed territory shall cut underbrush along the boundary of a claim if it is essential to maintain the required visibility of claim boundaries. 15(3) Any marking used to identify the boundaries of a previously recorded claim in unsurveyed territory shall not be used in the staking out of a new claim. M.R. 178/2002 Name of claim in unsurveyed territory 15.1 All claims in unsurveyed territory shall be assigned a name by the staker of the claim that (a) consists of at least three characters; and (b) has a minimum of three letters at the start of the name. M.R. 178/2002 Use of posts 16 No post previously used in the staking out of a claim shall be used in the staking out of a new claim. Posts 17(1) Notwithstanding section 16, where a group of claims is being staked out, the staker may erect a single post as a common post for adjoining claims, if the proper inscriptions for the respective claims are inscribed upon the appropriate face of the common post in accordance with subsection 19(1). 17(2) A post shall be of sound timber, of sufficient length so that when erected in an upright position not less than 1.2 metres of the post is above the ground and shall be of such diameter that, when the upper 50 centimetres are squared, each faced portion shall, as nearly as possible, be 8 centimetres in width, or if a tree of suitable size is found in position that tree shall be deemed to be a post if cut off not less than 1.2 metres from the ground and the upper 50 centimetres are squared. Posts in unsurveyed territory 18(1) Claim posts in unsurveyed territory shall be inscribed in a legible and durable manner as follows: (a) on the four corner posts, there shall be inscribed (i) the number of the post, (ii) the name of the claim, and (iii) the name of the staker; (b) on the No.2, No.3 and No.4 corner posts, there shall be inscribed the time and date of location; (c) on the No.1 corner post, there shall be inscribed the time and date of completing staking of the claim; (d) on the boundary posts, there shall be inscribed (i) the letters "BP", (ii) the name of the claim, (iii) the name of the staker, and (iv) the time and date of location; and (e) on the intersection posts, there shall be inscribed (i) the letters "IP", (ii) the name of the claim, (iii) the name of the staker, and (iv) the time and date of location. 18(2) No claim shall bear a name identical to that previously located by the same holder and still in good standing. 18(3) [Repealed] M.R. 178/2002 M.R. 178/2002 Tags 19(1) Notwithstanding sections 21, 22 and 23, there shall be securely affixed to every corner post of a claim, on the side facing the direction of the next corner post located in a clockwise direction, a metal tag obtained from a recorder's office and bearing the metal tag serial number and proper post number. 19(2) The metal tags required under subsection (1) (a) shall be purchased prior to staking out of the claim and shall be affixed to the proper post or placed in the container referred to in section 23 at the time of staking out; or (b) shall be purchased at the time the application to record the claim is filed and shall be affixed within one year from the date of recording. 19(3) The metal tags required under subsection (1) are not transferable. No refund 20 There shall be no refund of fees paid for unused metal tags. Fractional claim 21(1) In unsurveyed territory, any plot of ground of less than 16 hectares open to staking out, but lying between plots of ground not available for staking out, shall be staked as a fractional claim, and any such fractional claim shall be staked as nearly as possible in the prescribed manner but may have less than four corner posts. 21(2) A fractional claim having only three corner posts shall have the No. 4 tag attached to the No. 1 post on the same side as the No. 1 tag. 21(3) Every post marking a fractional claim shall be marked "F" in addition to the inscriptions required under section 18. Additional posts 22(1) Where, due to the presence of land not open to entry, it is not possible to stake in accordance with this regulation, additional intersection posts shall be erected between corner posts at the intersection of the claim boundary with such land, and any such additional intersection post shall be marked with the letters "IP" and the number of the preceding corner post, with the addition of consecutive letters of the alphabet in a clockwise direction around the claim boundary. 22(2) Where, due to the presence of water or some other insurmountable obstacle, it is not possible to erect a corner post or an IP post in its proper position, there shall be erected a witness post on a boundary line as near as possible to where the corner post or IP post would otherwise be erected, and the witness post shall be marked, in addition to the requirements under section 18 and subsection 22(1) for such corner posts or IP posts, with the letters "WP" or "WIP", as the case may be, and the distance in metres and the direction of the point at which the corner post or IP post would ordinarily have been placed. Treeless territory 23 In treeless territory remote from any adequate timber supply, a metal container containing all information required to be inscribed and affixed to the post under this regulation may be substituted for the post if (a) the container is securely placed in the apex of a mound of earth or stones; (b) the mound is clearly marked with a wood or metal lath, not less than 25 mm wide, projecting at least 0.5 metres above the apex of the mound. (c) the information in the container is protected in such a manner that the information is not likely to become illegible or obliterated; and (d) the staker submits to a recorder, along with the application for recording the claim, the reason for the substitution. Application to record 24(1) An application to record a claim in surveyed territory shall be made on a form furnished by the recorder, shall contain the legal land description of the claim and shall be accompanied by the fee prescribed therefor in Schedule A and by a plan or map showing the location thereof. 24(2) An application to record a claim in unsurveyed territory shall be made on a form furnished by the recorder, and shall be accompanied by the fee prescribed therefor in Schedule A and by a plan showing (a) the position of the claim in relation to topographical features of the locality or some known fixed point, and to adjoining claims if any; (b) the position of the claim posts or cairns on the ground, and the information inscribed on each post or placed in each cairn; (c) the distance between claim posts or cairns on the claim boundary lines; (d) the distance between claim posts or cairns and lakes, rivers, streams or other bodies of water along the claim boundaries; and (e) the location and description of any prominent features such as structures, roads, trails or other improvements on or near the claim. 24(3) A staker submitting applications to record more than one claim in the same general area shall, in addition to complying with subsection (2), submit a composite sketch of the claims along with the applications. M.R. 178/2002 Certificate 25 A certificate for each recorded claim shall be issued to each person applying under section 24, and the certificate for each recorded claim shall show the date on which the claim was recorded. Application to reduce area 26(1) A claim in excess of 16 hectares that is in good standing shall be reduced in area upon the holder's written application therefor made at any time after the expiry of one year from the date of recording of the claim, but in the event of such a reduction and if the remaining area is in unsurveyed territory the holder shall stake it out anew as a claim in accordance with the Act and this regulation and shall securely affix the required metal tags to the proper posts or place them in each cairn at the time of staking. 26(2) Any claim recorded in consequence of a reduction in area under subsection (1) shall be given the recording date of the original claim. Required work 27 Subject to section 28, the holder of a claim shall ensure that (a) required work of a type described in Schedule B is performed in the area covered by the claim; and (b) expenditures incurred to perform the required work shall be as set out in Schedule A. M.R. 178/2002 Work credits 28 The following may be submitted for credit as required work: (a) work done after the time of staking out a claim and before the time of recording the claim; (a.1) all or a portion of the cost of an airborne geophysical or geochemical survey extending beyond the boundaries of the mineral disposition or lease, if acceptable to the recorder; (b) an airborne survey or a regional geological or geochemical survey performed over an undisposed area, if performed within one year prior to the date of issue of the certificate of the claim, but the portion of the cost of such survey that may be credited as required work shall not exceed four times the total cost of the survey multiplied by the area of the claim in hectares and divided by the area of the survey in hectares, in accordance with the following formula: 4 × A × B/C In this formula, A = total cost of survery B = area of claim in hectares C = area of survey in hectares M.R. 203/2011 Grouping claims 28.1(1) An application to group contiguous claims shall be made in writing to the recorder on a form furnished by the recorder and shall be accompanied by the fee prescribed in Schedule A. 28.1(2) The land governed by a grouping of claims shall not exceed, (a) in unsurveyed territory, 3200 hectares; (b) in surveyed territory, 3200 hectares plus road allowances. M.R. 178/2002 29 to 29.3 [Repealed] M.R. 203/2011 Issuance and use of assay credits 29.4(1) In respect of an individual who is the holder of a claim, the recorder must issue the individual one assay credit for each $100 value of work approved by the recorder. 29.4(2) An individual who is issued credits may use them in the following manner, provided the credits have not expired: (a) for five credits, the individual is entitled to have one assay done without charge for gold, silver, copper, lead, nickel, zinc or molybdenum; (b) for 10 credits, the individual is entitled to have one assay done without charge for chromium, titanium or tin; (c) to off-set all or a portion of the cost of any other assay arranged by the department, in accordance with a valuation of the credits as determined by the recorder. 29.4(3) On the request of an individual who has an assay done under subsection (2), samples may be assayed for constituents not mentioned in that subsection. 29.4(4) An assay credit expires on the day that is three years after the day the recorder receives the report of work in respect of which the credit was issued. M.R. 203/2011 Terms and conditions re assays 29.5(1) Assay results must not be used in any manner for public promotional purposes by a holder of a mineral disposition or lease, a person representing such a holder or by any other person. 29.5(2) The recorder may (a) reject samples considered unsuitable for assay; and (b) dispose of samples, rather than retaining them for check assaying, after six months from the date the samples were received. M.R. 203/2011 Transition: assay credit coupons 29.6 An assay credit coupon issued under subsection 29(1) or section 29.2, as those provisions read immediately before the coming into force of this section, (a) is deemed to be assay credit for the purposes of section 29.4; and (b) expires three years after the coming into force of this section. M.R. 203/2011 Staking dispute 30(1) A notice of dispute under section 93 of the Act shall be filed with the recorder in triplicate and shall be accompanied by the fee prescribed therefor in Schedule A 30(2) A dispute as to the staking out of a recorded claim shall not be received or entered against any recorded claim, unless the disputant has first staked out the land under dispute in accordance with this regulation and submits an application to record the staking out at the time the notice of dispute is filed. Required work dispute 31 Where a report of required work is filed, and a person files a notice of dispute with the recorder alleging that the person filing the report of required work has not performed the work in accordance with Schedule B, the recorder, upon receipt of the fee prescribed therefor in Schedule A, shall accept the notice of dispute. Order of Mining Board 32(1) Subject to subsection (2), upon the cancellation of a claim under section 95 of the Act by an order of the board, the disputant shall have prior right to stake out and record the land under dispute. 32(2) Where a disputant who has a prior right under subsection (1) fails to stake out and record the land under dispute within 60 days of receiving notification of the board order, the land becomes open for prospecting and staking out as of 12 o'clock noon on the day following the 60th day. PART 5 MINERAL LEASES Application 33(1) An application for a mineral lease shall be made in writing to the minister and shall be accompanied by the application fee and rent for the first year as prescribed in Schedule A. Renewal of mineral lease 34(1) An application to renew a mineral lease shall be made in writing to the recorder and shall be accompanied by (a) the application fee prescribed in Schedule A; and (b) in the case of a mineral lessee who has not commenced mining or has stopped mining under the mineral lease during the preceding term of the mineral lease, evidence of expenditures within the mineral lease area as required under subsection (2). 34(2) The required amount of expenditures on approved work within the mineral lease area shall be no less than $1250.00 per hectare during the preceding term of the mineral lease for which renewal is sought. 34(3) The rent prescribed in Schedule A for the first year of the renewal must be paid on or before the expiration of the term of the original lease. M.R. 178/2002 Additional requirements 35 Where an application for a mineral lease or the renewal of a mineral lease is made by a corporation, or a corporation has an interest in the claim in respect of which the application is made, the applicant shall submit to the minister, in addition to the requirements of sections 33 and 34, (a) proof that the corporation is incorporated or registered under the laws of Manitoba to transact business in Manitoba; (b) the names, places of residence, post office addresses and callings of the president, secretary, treasurer and directors of the corporation; (c) the location and postal address of the head office or registered office of the corporation; (d) the location and postal address of the principal office of the corporation in Manitoba, if the head office or registered office is situated outside Manitoba; (e) the name, place of residence and post office address of the agent or manager in Manitoba who is authorized to represent the corporation and to accept service in all suits and proceedings against the corporation; (f) a copy of the corporation's most recent annual report; (g) the land description, together with a map showing the location and boundaries, of the area applied for; and (h) such additional information as the minister may, under the Act, require. Boundary measurement 36 The boundaries of a mineral lease shall be measured horizontally, the length shall not exceed six times the width unless otherwise acceptable to the minister, and the area of the lease shall not exceed 800 hectares more or less. Plan of survey 37(1) The holder of a mineral lease issued on or after the effective date of this regulation shall, within two years from the date of issue, submit to the recorder a plan of survey of the perimeter of the area covered by the mineral lease duly approved by the Director of Surveys. 37(2) The holder of a lease or leasehold interest who takes a mineral lease under clause 243(1)⁠(a) of the Act shall, within two years from the date of issue of the mineral lease, submit to the Director of Surveys a plan of survey of the perimeter of the area covered by the mineral lease and file a copy of the plan of survey with the recorder. 37(3) A plan of survey approved by the Director of Surveys under subsection (1) shall be accepted as establishing the boundaries of the claim to which the survey relates. 37(4) A survey of the perimeter of a group of claims shall be deemed to be a survey of the claims for the purposes of this section and the boundary surveyed shall be the boundary of the mineral lease. 37(5) Unless a person claiming an adverse right with respect to a recorded claim has filed a dispute with the Mining Board alleging that the claim is illegal or invalid in whole or in part, the holder of a claim, whether held under entry or under lease, may apply to the recorder for a certificate of survey in respect of the claim if the following requirements have been complied with: (a) the claim has been surveyed at the holder's expense by a Manitoba Land Surveyor and the survey has been duly approved by the Director of Surveys; (b) the holder of the claim has posted for 60 days, in recording offices and such other places as may be determined by the director, (i) copies of the plan of the claim signed and certified as accurate under oath by the surveyor, and (ii) legible written notices of the holder's intention to apply for a certificate of survey; (c) the holder of the claim has filed with a recorder a copy of the surveyor's plan of the claim duly approved by the Director of Surveys; (d) the holder of the claim has filed with a recorder an application for a certificate of survey and in addition has filed with the recorder a copy of the notice posted. 37(6) If no dispute has been filed with the recorder with respect to a claim and the holder of the claim has complied with the requirements of subsection (l), or when so ordered by the Mining Board, the recorder shall (a) issue and forward to the holder or the holder's agent, a certificate of survey; (b) forward a copy of the certificate to the Director of Surveys; and (c) cause to be made a notation of that compliance in the record. M.R. 249/96; 2032011 Rent 38 The lessee of a mineral lease shall pay in advance the annual rental prescribed therefor in Schedule A. Grouping mineral leases and claims 39(1) An application to group contiguous claims and mineral leases shall be made to the recorder in writing on a form furnished by the recorder and shall be accompanied by the fee for grouping prescribed in Schedule A. 39(2) [Repealed] M.R. 178/2002 39(3) The land governed by a grouping consisting of claims and mineral leases shall not exceed, (a) in unsurveyed territory, 1600 hectares; (b) in surveyed territory, 1600 hectares plus road allowances. M.R. 178/2002 Report of work 40 No later than 60 days after each of the 5th, 10th, 15th and 21st anniversaries of the issuance of the mineral lease, the mineral lessee shall submit a report to the director setting out all work carried out on the mineral lease area for the applicable period in accordance with Schedule B. M.R. 178/2002 Change in area of mineral lease 41(1) An application to reduce, subdivide, amalgamate or enlarge the area of a mineral lease shall be made in writing to the recorder and shall be accompanied by (a) the application fee and rent for the first year of the proposed mineral lease, where applicable, as prescribed in Schedule A; and (b) a certified plan of survey of the perimeter of the proposed mineral lease area, carried out in accordance with the regulations under this Act and The Surveys Act and duly approved by the Director of Surveys. 41(2) The portion of the area of a mineral lease that is removed as a result of a reduction of area under subsection (1) shall become open for prospecting and staking as of 12:00 o'clock noon on the day following the date on which the reduced mineral lease is issued. Amendment of mineral lease 42(1) Where an application to reduce or enlarge the area under a mineral lease is made and the reduction or enlargement is granted by the minister, the original mineral lease document shall be amended to reflect the change in area, but the anniversary date and term of the mineral lease shall remain the same as in the case of the original mineral lease. 42(2) Where an application for the subdivision of a mineral lease is made and the subdivision is granted by the minister, new mineral lease documents shall be issued for each new mineral lease, but the anniversary date and term of each new mineral lease shall remain the same as in the case of the original mineral lease. 42(3) Where an application for the amalgamation of two or more mineral leases is made and the amalgamation is granted by the minister, a new mineral lease document shall be issued for the new mineral lease with a new anniversary date and a new term. M.R. 249/96 PART 6 SURFACE LEASES Application 43 Application for a surface lease shall be made in writing to the director on a form furnished by the recorder and shall be accompanied by (a) the application fee and rent for the first year as prescribed in Schedule A; (b) where the proposed surface lease area is in surveyed territory, the legal land description of the area; (c) where the proposed surface lease area is in unsurveyed territory, the geographic coordinates of the corners of the area, together with a plan or map showing the location of the area; and (d) a description of the nature and location of any prominent features in the proposed surface lease area, including any structures, roads, trails and other improvements. M.R. 249/96; 178/2002 44 [Repealed] M.R. 203/2011 PART 7 TRANSFERS AND ASSIGNMENTS Application for transfer or assignment 45 An application for the transfer or assignment of a mineral disposition or mineral lease shall be made in duplicate to the recorder on a form furnished by the recorder and shall be accompanied by the fee prescribed therefor in Schedule A. PART 8 STATISTICAL RETURNS AND MINE PLANS Mine annual return 46(1) Subject to subsection (2), the annual return required by subsection 185(1) of the Act to be submitted by the operator of a mine shall include (a) the name and description of the mine; (b) the quantity in standard weight, and other particulars, of all ore, minerals, mineral concentrates and mineral products produced from, shipped from or received at the mine; (c) the name and address of the mill, smelter or refinery to which ore, minerals and mineral products from the mine have been sent; (d) the total cost of all on-property surface and underground diamond drilling undertaken by the operator or by a contractor on behalf of the operator, and the total length of all the holes drilled; (e) the operating costs of the mine for each tonne of ore mined; (f) the gross value of the metals, minerals or mineral products produced from the mine; (g) the value of the metals, minerals or mineral products produced from the mine after deducting the cost of making sales, transportation and treatment of the ore; (h) the total number of persons employed at the mine; (i) the total amount of wages and salaries paid during the year; (j) the quantity and grade of ore reserves at the mine as of the last preceding December 31 st , identified as to category and including any stockpiled ore; and (k) such other particulars as the minister may, under the Act, from time to time require. 46(2) Subsection (1) does not apply to the operator of a mine producing a quarry mineral. Annual statement of exploration expenditures 47 The annual statement of exploration expenditures during the previous calendar year required by subsection 185(2) of the Act to be submitted by the holder of a mineral disposition or a mineral lease shall include (a) the total expenditures, in dollars, on prospecting and geological investigations including (i) line cutting, (ii) trenching, (iii) stripping, (iv) sampling, and (v) assaying; (b) the total expenditures, in dollars, on, and the total line kilometres surveyed by, airborne and ground geophysical methods; (c) the total expenditures, in dollars, on geochemical surveys; (d) the total number, length and cost of holes drilled; (e) the total expenditures, in dollars, on exploration in Manitoba; and (f) such other particulars as the minister may, under the Act, from time to time require. Mine plans 48 Every operator of a mine shall maintain in a current state and keep at the mine office, the following plans and records: (a) a surface plan showing the boundaries of the mineral location or parcels of land on which mining operations extend, the coordinates of the section of property under which mining has been done, all lakes, streams, roads, railways, electric power transmission lines, main pipe lines, buildings, adits, open surface workings, exploration drill holes collared on surface, outcroppings of rock, dumps, tailings disposal sites, shafts and all other openings to underground workings, and the outline of the top limit of all stoping areas less than 50 metres from the top of bedrock; and the shafts and other openings to underground workings and the outline of the top limit of stoping areas shall have been geographically located by tying in to a survey plan registered with the Director of Surveys; (b) plans of all open pit mines showing all benches, berms and roadways and of all underground workings showing for each level all drifts and cross-cuts, shafts, raises, diamond drill holes, dams and bulkheads, and each level plan shall be shown on a separate drawing; (c) vertical mine sections at suitable intervals and at suitable azimuths showing for open pits, all benches, berms and roadways, and for underground mines, tunnels, drifts, stopes, backfilled workings and other mine workings in relation to the surface, including the location of the top of the bedrock, surface of the overburden and surface of any adjacent watercourse or body of water, and each section shall be shown on a separate drawing; (d) ventilation plans, showing the direction and volume of the main air currents, the location of permanent fans, ventilation door and stoppings, and connections with adjacent mines; (e) geological plans of each level, longitudinal sections and cross-sections at suitable intervals and at suitable azimuths, showing geological observations, sample points and assays; (f) any other plan that the chief mining engineer may require in order to obtain a better understanding of the mineral deposit and the mine workings; and (g) a record of all diamond drilling showing the location, direction and inclination of the holes in relation to the plans of the mine workings, the nature of the rocks intersected, the samples taken and details of all assays carried out on the samples. 49 Before work at a mine ceases, the operator of the mine shall bring all of the plans referred to in section 48 up to date and shall submit certified copies thereof to the chief mining engineer. PART 9 INTEREST Interest payable on debt or overpayment 50(1) The interest payable on a debt to the Crown under subsection 181(1) of the Act shall be calculated from the 31st day following the due date specified in the invoice or written request for payment, at a rate prescribed on January 1 and July 1 of each year by the Minister of Finance under The Financial Administration Act in respect of persons who owe or are liable to pay money to the government. 50(2) The interest payable on an overpayment under subsection 181(2) of the Act shall be calculated from the date on which the overpayment is made,at the same rate as under subsection (1). 50(3) No interest is payable under section 181 of the Act, where the interest accrued is less than $10. M.R. 249/96 PART 10 REPEAL AND COMING INTO FORCE Repeal 51 Manitoba Regulation 428/87 R is repealed. Coming into force 52 This regulation comes into force on April 1, 1992. SCHEDULE A FEES 1 Application for mineral exploration licence SCHEDULE B REQUIRED WORK AND REPORTS OF REQUIRED WORK SCHEDULE C LANDS NOT AVAILABLE FOR MINERAL EXPLORATION LICENCES (Part 3) Firstly: All that portion of the Province of Manitoba contained within the following limits, namely: Commencing at the intersection of the eastern boundary of the Province of Manitoba with the line of latitude 49°30' north; thence westerly in a straight line to geographical coordinates 49°30' north and 96°00' west; thence northerly in a straight line to geographical coordinates 51°00' north and 96°00' west; thence westerly in a straight line to geographical coordinates 51°00' north and 96°30' west; thence northerly in a straight line to geographical coordinates 51°30' north and 96°30' west; thence easterly in a straight line to said eastern boundary; thence southerly along said boundary to the point of commencement. Secondly: All that portion of the Province of Manitoba contained within the following limits, namely: Commencing at the intersection of the western boundary of the Province of Manitoba with the seventeenth base line in Manitoba (north limit Township 64); thence northerly along said boundary to the intersection with the line of latitude 55°20' north; thence easterly in a straight line to geographical coordinates 55°20' and 100°40' west; thence southeasterly in a straight line to geographical coordinates 55°10' north and 100°00' west; thence easterly in a straight line to geographical coordinates 55°10' north and 98°50' west; thence northeasterly in a straight line to geographical coordinates 56°00' north and 97°50' west; thence easterly in a straight line to geographical coordinates 56°00' north and 97°15' west; thence southwesterly in a straight line to the said base line where it is intersected by the line of longitude 98°45' west; thence westerly along said base line to the point of commencement. Thirdly: All that portion of the Province of Manitoba contained within the following limits, namely: Commencing at the intersection of the western boundary of the Province of Manitoba with the 22nd base line in Manitoba (north limit Township 84); thence northerly along said boundary to the intersection with the line of latitude 56°40' north; thence northeasterly in a straight line to geographical coordinates 57°05' north and 101°00' west; thence easterly in a straight line to geographical coordinates 57°05' north and 98°45' west; thence southerly in a straight line to the said base line where it is intersected by the line of longitude 98°45' west; thence westerly along said base line to the point of commencement. M.R. 178/2002 SCHEDULE D [Repealed] M.R. 4/2000 ; 178/2002 SCHEDULE E (Section 6.1) Zone A Zone A consists of all land in the province except land contained in Zone B and land referred to in Schedule C. Zone B Zone B consists of the following land: (a) All that portion of the Province of Manitoba contained within the following limits, namely: Commencing at the intersection of the straight production Westerly of the northern limit of Township 34 with the western boundary of the Province of Manitoba; thence Northerly along said boundary to its intersection with the line of latitude 54°00' North; thence Easterly in a straight line to Geographical Coordinates 54°00' North and 99°00' West; thence Southerly along the line of longitude 99°00' West to its intersection with the northern limit of said Township 34; thence Westerly along said North limit and production to the point of commencement; and (b) All that portion of the Province of Manitoba which lies North of a line described as follows: Commencing at the intersection of the Western limit of the Province of Manitoba with Latitude 58°00' North, thence Easterly to Geographical Coordinates 58°00' North and 98°00' West, thence Southerly to Geographical Coordinates 56°30' North and 98°00' West, thence Easterly to Geographical Coordinates 56°30' North and 95°30' West, thence Southerly to Geographical Coordinates 55°30' North and 95°30' West, thence Easterly to the intersection with the Eastern limit of the Province of Manitoba and Latitude 55°30' North.

M.R. 178/2002