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Ministry of Energy, Mines and Pertoleum Resources

INFORMATION UPDATE

 

No. 30 - Cell Availability upon Automatic Forfeiture of Tenure

 

Printable Version ( 27KB)

Revision Date: January 20, 2009

 

This change will take affect with the application delivery of Mineral Titles Online version 1.7.1 on May 20, 2009.

 

Section 35 of the Mineral Tenure Act provides that if a recorded holder does not perform and register the exploration and development work, or make payments instead of exploration and development as required by Section 29 of the Act, the recorded holder’s claim forfeits to and vests in the government at the end of the day which is the expiry date of the claim.

 

Cells previously held by a forfeited claim will now become available at 10:00:01 am (PST) on the day the forfeiture event was registered.

 

At the end of each day a computer procedure within Mineral Titles Online (MTO) reviews all claims to identify those claims with good-to-dates for that day. The procedure then verifies whether exploration and development work, or payment instead of exploration and development work was registered and the payments were received before 11:59:59 pm (PST). In the event neither of these two registrations was successfully completed with payments received, the claims are forfeited. MTO then ‘geoprocesses’ or restatuses each cell of those forfeited claims at 10:00 am making them available or unavailable for mineral or placer claim acquisition.

 

One of the primary goals of MTO is to provide security of tenure through clear and concise mapping. From time to time service interruptions do occur. As computer systems personnel are not employed 24 hours a day, the 10:00 am (PST) cell availability would allow Mineral Titles Branch and systems staff to administer and rectify any issues that may have occurred during non-business hours. The daytime cell acquisition aligns with most business regimes and the ability of the Ministry to diagnose and resolve any potential systems issues during business hours would be beneficial.

 

Mineral Titles Branch would like to remind clients to register their exploration and development work, or make payment instead of exploration and development work for their tenures in advance of the good–todates of their claims. This would offer both peace of mind to the title owner that their claims would remain in good standing and avoid unscheduled service interruptions and potential forfeiture of their claims.