38.2 (1) In this section, “conversion date” means the day set by the Minister by regulation for the purposes of this section. 2017, c. 6, Sched. 2, s. 22. Conversion (2) Subject to the regulations, on the conversion date, all legacy claims are converted, in accordance with the following rules, to mining claims registered in the mining claims registry: 1. If, immediately before the conversion date, a legacy claim as delineated under section 38.1 includes an entire cell on the provincial grid, the portion of the legacy claim corresponding to the cell is converted to a separate cell claim for the entire cell. 2. If, immediately before the conversion date, a legacy claim as delineated under section 38.1 includes a part of a cell on the provincial grid, the portion of the legacy claim delineated in the cell is converted to a separate cell claim for the entire cell, subject to the rules set out in paragraphs 3, 4, 5 and 6. 3. If, immediately before the conversion date, two or more legacy claims as delineated under section 38.1 each include a part of a cell on the provincial grid and if two or more of the legacy claims are held by different claim holders, i. the cell becomes a boundary cell for the purposes of this Act, ii. any legacy claim or portion of a legacy claim delineated in the cell that is held by a claim holder who does not hold any other legacy claims or portions of legacy claims delineated in the cell is converted to a separate boundary claim for the corresponding part of the boundary cell, and iii. any two or more legacy claims or portions of legacy claims delineated in the cell that are held by the same claim holder merge into one claim and are converted to a single boundary claim for the corresponding parts of the boundary cell, even if the legacy claims or portions of legacy claims were not contiguous, subject to paragraph 4. 4. If a claim holder of two or more legacy claims or portions of legacy claims described in subparagraph 3 iii elects under subsection (3) to convert two or more of the legacy claims or portions of legacy claims to separate boundary claims, each legacy claim or portion of a legacy claim identified in the election is converted to a separate boundary claim for the corresponding part of the boundary cell. 5. If, immediately before the conversion date, two or more legacy claims as delineated under section 38.1 each include a part of a cell on the provincial grid and all the legacy claims are held by the same claim holder, the legacy claims, or portions of the legacy claims, delineated in the cell, merge into one claim and are all converted to a single cell claim for the entire cell, subject to paragraph 6. 6. If a claim holder of two or more legacy claims described in paragraph 5 elects under subsection (4) to convert all or portions of each legacy claim to boundary claims, i. a cell on the provincial grid that includes all or a portion of the two or more legacy claims becomes a boundary cell for purposes of this Act, and ii. each legacy claim, or portion of a legacy claim, delineated in the cell referred to in subparagraph i, is converted to a separate boundary claim for the corresponding part of the boundary cell. 2017, c. 6, Sched. 2, s. 22. Election to convert to separate boundary claims (3) At such time before the conversion date as may be determined by regulation, the holder of two or more legacy claims, all or portions of which would otherwise be merged and converted to a single boundary claim upon conversion under subparagraph 3 iii of subsection (2), may elect to prevent the merger and to have the legacy claims or portions of the legacy claims converted to separate boundary claims under paragraph 4 of subsection (2). 2017, c. 6, Sched. 2, s. 22. Election to convert to boundary claims (4) At such time before the conversion date as may be determined by regulation, the holder of two or more legacy claims, all or portions of which would otherwise be merged and converted to a single cell claim upon conversion under paragraph 5 of subsection (2), may elect to prevent the merger and to have the legacy claims or portions of the legacy claims converted to a separate boundary claim under paragraph 6 of subsection (2). 2017, c. 6, Sched. 2, s. 22. Same (5) An election under subsection (3) or (4) shall be made in accordance with the regulations. 2017, c. 6, Sched. 2, s. 22. Group claim holder (6) If two or more legacy claims are held by a group of persons, the two or more claim holders of the legacy claims shall be considered the same claim holder for the purposes of the conversion of legacy claims under paragraphs 3 and 5 of subsection (2), if the group of persons consists of the same persons holding the same proportionate interests in each legacy claim. 2017, c. 6, Sched. 2, s. 22. Effect of conversion (7) Upon the conversion of a legacy claim to one or more cell claims and boundary claims in accordance with subsection (2), (a) a person who held a legacy claim immediately before the conversion date shall hold the number of cell claims and any boundary claims that result from the conversion of the legacy claim; (b) subject to the regulations, all rights or obligations arising under this Act that existed immediately before the conversion date in respect of the legacy claim continue after the conversion date, (i) in respect of each of the resulting cell claims, and (ii) in respect of any area in a boundary cell that is covered by a resulting boundary claim but not in respect of any area of the boundary cell that is not part of the boundary claim; (c) all cell claims and boundary claims that result from the conversion are deemed to be registered in accordance with subsection 38 (2) for the purposes of this Act; (d) a cell claim that results from the conversion applies to the entire cell, subject to the regulations; and (e) the anniversary date of a cell claim or boundary claim that results from the conversion of a legacy claim under this section shall be determined in accordance with the regulations. 2017, c. 6, Sched. 2, s. 22. Same (8) Where there are agreements, liens, orders and other documents that are recorded on the abstract of a legacy claim or that otherwise purport to affect a legacy claim, the agreements, liens, orders and other documents continue in effect, with necessary modifications, with respect to any cell claim and, if applicable, any boundary claim resulting from the delineation and conversion of the legacy claim. 2017, c. 6, Sched. 2, s. 22. Same (9) Agreements, liens, orders and other documents that are continued in effect under subsection (8) are enforceable only if they were enforceable before they were continued. 2017, c. 6, Sched. 2, s. 22. Recording of agreements, liens, etc. (10) When a legacy claim is converted to a cell claim or a boundary claim, a recorder shall, in accordance with the regulations, record on the abstract for each resulting cell claim or boundary claim the agreements, liens, orders and other documents that are recorded on the abstract for the legacy claim or that otherwise purport to affect the legacy claim. 2017, c. 6, Sched. 2, s. 22. Minister referring matters to Tribunal (11) The Minister may refer issues related to the agreements, liens, orders or other documents that have been recorded on the abstract for a cell claim or boundary claim, as referred to in subsection (10), to the Tribunal and the Tribunal may, upon notice to all interested parties, review the issues and resolve them. 2017, c. 6, Sched. 2, s. 22; 2017, c. 8, Sched. 17, s. 8 (3, 4). Exploration plans, exploration permits (12) Where an exploration plan or exploration permit is in effect with respect to a legacy claim before the conversion date, the exploration plan or exploration permit continues in effect after the conversion date with respect to any cell claim or boundary claim that results from the conversion of the legacy claim but only with respect to the land in the cell claim or boundary claim that was part of the legacy claim as delineated under section 38.1. 2017, c. 6, Sched. 2, s. 22. Same (13) Where an exploration plan or exploration permit is continued in effect under subsection (12), the exploration plan or exploration permit is deemed to be amended to reflect the new mining claim numbers to which it applies and a Director of Exploration shall notify the claim holder identified in the exploration plan or exploration permit in the prescribed manner. 2017, c. 6, Sched. 2, s. 22. Regulation by Minister (14) The Minister may make a regulation setting the conversion date for the purposes of this section. 2017, c. 6, Sched. 2, s. 22. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 2, s. 22 - 08/02/2018; 2017, c. 8, Sched. 17, s. 8 (3, 4) - 01/04/2018