38.1 (1) All legacy claims shall be delineated on the provincial grid in accordance with subsections (2), (3) and (4) and then converted, in accordance with section 38.2, to mining claims registered in the mining claims registry. 2017, c. 6, Sched. 2, s. 22. Determination of legacy claim location (2) For the purpose of delineating a legacy claim on the provincial grid, a recorder shall, (a) gather information as to the precise location of the boundaries of the legacy claim using the best available information including, (i) the information that was filed with the application to record the legacy claim made under section 44 of this Act, as that section read before the day section 26 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017
came into force, and (ii) information gathered by means of inspections, Global Positioning System geo-referencing data, surveys or other means of verifying claim boundaries; and (b) make a final determination as to the location of the legacy claim based on the information gathered under clause (a). 2017, c. 6, Sched. 2, s. 22. Same (3) The power to make a final determination as to the location of a legacy claim under clause (2) (b) includes, (a) the power to decide or settle any disputes as to overlapping legacy claims and adjust the boundaries of the claim; and (b) the power to adjust boundaries of a legacy claim, as staked by the claim holder or as described in the application to record a map staked claim, based on any information gathered under clause (2) (a). 2017, c. 6, Sched. 2, s. 22. Delineation (4) The recorder shall ensure that the location of a legacy claim is delineated on the provincial grid so as to accurately reflect the determination made under subsections (2) and (3). 2017, c. 6, Sched. 2, s. 22. Effect of delineation (5) From the day it is delineated on the provincial grid until it is converted to a mining claim under section 38.2, a legacy claim applies with respect to the land included in the delineated area on the provincial grid, regardless of where the claim was, (a) marked out on the ground, based on the ground staking requirements at the time when the claim was staked; (b) indicated to be in the application to record a map staked claim; or (c) indicated on the Ministry’s maps of mining claims before the delineation. 2017, c. 6, Sched. 2, s. 22. No appeal (6) A determination made by a recorder as to the location of a legacy claim under subsections (2) and (3) and the resulting delineation of the legacy claim on the provincial grid made under subsection (4) are final and not subject to appeal to the Tribunal under section 112. 2017, c. 6, Sched. 2, s. 22; 2017, c. 8, Sched. 17, s. 8 (3). Continuation of legacy claim until conversion (7) After a legacy claim is delineated on the provincial grid under this section and until the day the legacy claim is converted to a mining claim under section 38.2, (a) all rights and obligations that arose under this Act and applied with respect to the legacy claim immediately before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 came into force shall continue to apply to the legacy claim as delineated on the provincial grid; (b) all agreements, liens, orders and other documents that were recorded on the abstract of the legacy claim or that otherwise purported to affect the legacy claim immediately before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 came into force shall continue to apply to the legacy claim as delineated on the provincial grid; and (c) any exploration plan or exploration permit that was in effect with respect to the legacy claim immediately before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 came into force continues to apply to the legacy claim as delineated on the provincial grid. 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) - 01/04/2018 Conversion of legacy claims to mining claims