Boundary claims becoming cell claims
 3. (1) If a boundary claim becomes a cell claim under clause 38.3 (2) (b) of the Act, the cell claim shall have the same anniversary date and the same due date as the boundary claim had. O. Reg. 66/18, s. 3 (1). (2) A claim holder who wishes to make an election to merge two or more boundary claims into a single cell claim under subsection 38.3 (3) of the Act shall do so online through the mining lands administration system in accordance with the directives made by the Minister under subsection 4.1 (2) of the Act. O. Reg. 66/18, s. 3 (2). (3) If two or more persons hold two or more boundary claims together as a group, the boundary claims shall not be merged under subsection 38.3 (3) of the Act unless, (a) each person in the group holds the same proportionate interest in every boundary claim that is to be merged; and (b) each person in the group consents to the merger. O. Reg. 66/18, s. 3 (3). (4) A claim holder shall not make an election to merge two or more boundary claims if, with respect to any one of the boundary claims, (a) a lien, mortgage, debenture, writ or note of pending proceedings appears on the abstract for the claim and is still in effect; (b) the claim holder has made an application for an extension of time under section 73 of the Act or for an exclusion of time under section 67 of the Act and no decision has been given; (c) a recorder has ordered an extension of time to submit an assessment work report for the claim but the claim holder has not yet submitted the report; (d)  Revoked: O. Reg. 35/20, s. 1. (e) the claim holder has made an application for a lease for the claim; (f) the claim holder has made a submission through the mining lands administration system to transfer the claim and the transfer has not yet been accepted by the transferee; (g) the claim is a conversion bank claim as defined in subsection 6 (1) of Ontario Regulation 454/17 (Conversion of Legacy Claims) made under the Act and there are assessment work credits remaining in the conversion bank; (h) an assessment work report has been submitted for the claim but the Minister has not yet determined the assessment work credits with respect to the work reported; or (i) the claim holder has submitted an application for abandonment of the claim but the recorder has not yet posted a notice in accordance with clause 70 (3) (b) of the Act. O. Reg. 66/18, s. 3 (4); O. Reg. 35/20, s. 1. (5) If two or more boundary claims are merged under subsection 38.3 (3) of the Act, the anniversary date and due date of the cell claim resulting from the merger shall be the same as the anniversary date and due date of the boundary claim that had the latest due date. O. Reg. 66/18, s. 3 (5). (6) Where one or more boundary claims become a single cell claim under clause 38.3 (2) (b) or 38.3 (3) (b) of the Act, the resulting cell claim applies to the entire cell, subject to subsection (7). O. Reg. 66/18, s. 3 (6). (7) If, on the day a boundary claim becomes a single cell claim under subsection (6), there is land located in the cell outside of the boundary claim that is not open for mining claim registration, that land does not form part of the resulting cell claim. O. Reg. 66/18, s. 3 (7). (8) If land that does not form part of a resulting cell claim under subsection (7) later becomes open for mining claim registration and the resulting cell claim is in good standing with respect to the performance of assessment work or the making of payments in place of assessment work required under section 65 of the Act, the land thereupon becomes part of the resulting cell claim. O. Reg. 66/18, s. 3 (8).