64 (1) A recorder shall enter upon the mining claim abstract of any unpatented mining claim or other recorded right or interest a note of any order or decision made by him or her affecting the same, giving its date and effect and the date of the entry, and he or she shall, upon receiving an order or decision of the Tribunal, or an order, judgment or certificate in an appeal from the Tribunal, or a certified or sworn copy thereof, file the same and enter a note thereof upon the mining claim abstract of the claim or right or interest affected.  2009, c. 21, s. 32 (1); 2017, c. 8, Sched. 17, s. 7 (1). Proceeding pending before recorder (2) Where any proceeding or dispute that may be brought before a recorder is pending before a recorder, he or she may make a note of the pending proceeding on the applicable mining claim abstracts.  2009, c. 21, s. 32 (1). Proceeding pending before Tribunal (2.1) Where any proceeding that may be brought before the Tribunal or any appeal from a decision of a recorder is pending before the Tribunal, the Tribunal may make an order requiring a recorder to make a note of the pending proceeding on the applicable mining claim abstracts.  2009, c. 21, s. 32 (1); 2017, c. 8, Sched. 17, s. 7 (1). Proceeding pending before court (2.2) Where a proceeding relating to a mining claim or other recorded right, or any interest relating to such a claim or right is pending before a court, the Tribunal may, upon the request of any party to the proceeding, make an order confirming that the proceeding is pending and requiring a recorder to make a note of the pending proceeding on the applicable mining claim abstracts.  2009, c. 21, s. 32 (1); 2017, c. 8, Sched. 17, s. 7 (1). Order provided to recorder’s office (2.3) If the Tribunal makes an order under subsection (2.1) or (2.2), the Tribunal shall provide the order to the recorder’s office.  2009, c. 21, s. 32 (1); 2017, c. 8, Sched. 17, s. 7 (1). No notice until note is recorded (3) A note of pending proceedings or an order of the Tribunal made under subsection (2.1) or (2.2) does not constitute notice to any person of the pending proceeding until a note of the pending proceeding is made on the applicable mining claim abstracts.  2009, c. 21, s. 32 (1); 2017, c. 8, Sched. 17, s. 7 (1). Mining claim deemed not to be forfeited (3.1) Where a note of pending proceedings is made on a mining claim abstract, the mining claim shall be deemed not to be forfeited to the Crown under clause 72 (1) (b) until the note of pending proceedings is cancelled.  2009, c. 21, s. 32 (1). Cancellation of note of pending proceedings (4) A recorder shall cancel a note of pending proceedings made under subsection (2) on any or all applicable mining claim abstracts if the recorder is satisfied that the note is no longer required.  2009, c. 21, s. 32 (1). Same (4.1) A recorder shall cancel a note of pending proceedings made under subsection (2.1) or (2.2) on any or all applicable mining claim abstracts if a party to the proceedings, or a recorder, requests a cancellation from the Tribunal and the Tribunal issues an order to cancel the note and provides the order to the recorder’s office.  2009, c. 21, s. 32 (1); 2017, c. 8, Sched. 17, s. 7 (1). Notice of cancellation (4.2) Upon the cancellation of a note of pending proceedings, the recorder’s office shall notify all interested persons of the cancellation in the prescribed manner. 2017, c. 6, Sched. 2, s. 41 (1). Exclusion of time (5) When a note of pending proceedings is cancelled, the Tribunal or a recorder, as the case may be, may exclude from the time period within which work on the affected mining claim must be performed or reported, or both, or within which application and payment for lease may be made, the period of time, or a part of the period, during which the note of pending proceedings was in effect, and may set a new anniversary date for the claim.  2009, c. 21, s. 32 (1); 2017, c. 8, Sched. 17, s. 7 (1). Same (5.1) When excluding time under subsection (5), the Tribunal or a recorder may take into account whether the claim holder contributed to any unreasonable delay in settling the proceedings for which the note of pending proceedings was made.  2009, c. 21, s. 32 (1); 2017, c. 8, Sched. 17, s. 7 (1). Filing of certified writ with recorder (6)  A copy of a writ of seizure and sale may be filed with the recorder if it has been certified by the sheriff for the area or a bailiff of the division of the Small Claims Court to be a true copy of the writ.  1999, c. 12, Sched. O, s. 26 (2). Recording of writ (7) Upon being given the number or a description of every mining claim held by the judgment debtor named in a writ of seizure and sale filed with the recorder under subsection (6) and upon receiving the required fee, the recorder shall record the writ on the abstract for each mining claim so identified. 2017, c. 6, Sched. 2, s. 41 (2). Effect of recording writ (8) If a writ of seizure and sale is recorded on the abstract for a mining claim, the writ binds the judgment debtor’s interest in the claim and the sheriff or bailiff may treat the interest as if it were goods and chattels subject to a writ of seizure and sale. 2017, c. 6, Sched. 2, s. 41 (2). Recording of transfer (9) If a sheriff or bailiff sells a judgment debtor’s interest in a mining claim under a writ of seizure and sale, the recorder may record the transfer of the claim to the purchaser on the abstract for the claim and the transfer has the same effect as if the judgment debtor had transferred the claim. 2017, c. 6, Sched. 2, s. 41 (2). Certified copy, fee (10)  A certified copy of the writ of seizure and sale may be obtained from the sheriff or bailiff on payment of any required fee and the fee, together with the fee paid for recording the writ, shall be added to the judgment debt.  1999, c. 12, Sched. O, s. 26 (4). Keeping claim in good standing (11)  Once a writ of seizure and sale is recorded on the abstract for a mining claim, the sheriff, bailiff or judgment creditor may do anything that the judgment debtor could have done to keep the claim or interest in good standing, and the cost of doing so shall be added to the judgment debt.  1999, c. 12, Sched. O, s. 26 (4); 2017, c. 6, Sched. 2, s. 41 (3). Where writ discharged (12) A recorder may amend the abstract for a mining claim to note the discharge of a writ of seizure and sale that was previously recorded if any of the following documents are filed with a recorder: 1. A certificate from the sheriff or bailiff indicating that the judgment debt that gave rise to the writ has been satisfied. 2. A release of the judgment debt from the judgment creditor. 3. An order by the Tribunal directing that the abstract for the mining claim be amended to note the discharge of the writ. 2017, c. 6, Sched. 2, s. 41 (4); 2017, c. 8, Sched. 17, s. 8 (3). Writ ceasing to bind mining claim (13) Upon a discharge of a writ of seizure and sale being noted in the abstract for a mining claim, the writ shall cease to bind the claim holder’s interest in the mining claim. 2017, c. 6, Sched. 2, s. 41 (4). Application to licences of occupation (14) Subsections (2.1), (2.2), (2.3), (3), (4.1) (4.2) and (6) to (13) apply with necessary modifications with respect to licences of occupation. 2021, c. 25, Sched. 14, s. 11. Section Amendments with date in force (d/m/y) 1997, c. 40, s. 7 - 18/12/1997; 1999, c. 12, Sched. O, s. 26 (1-4) - 30/06/2000 2009, c. 21, s. 32 (1, 2) - 28/10/2009 2017, c. 6, Sched. 2, s. 41 (1-4) - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018; 2017, c. 8, Sched. 17, s. 8 (3) - 10/04/2018 2021, c. 25, Sched. 14, s. 11 - 01/02/2022 Assessment Work