Claim Staking in Surveyed Territory
5. (1) Subject to subsections (2), (3) and (4), a mining claim in surveyed territory must be staked so that it, (a) has an area of not more than 256 hectares and not less than the minimum size set out in this section; (b) has boundaries coincident with or parallel to section, lot, concession or range lines established by the original survey; and (c) has the shape of a rectangle or parallelogram. O. Reg. 7/96, s. 5 (1). (2) A mining claim is not required to have the area referred to in clause (1) (a) if, (a) there is insufficient land open for staking to allow for compliance; and (b) the claim is otherwise staked so as to meet the requirements of subsection (1) as closely as practicable in the circumstances. O. Reg. 7/96, s. 5 (2). (3) A mining claim is not required to be in the shape of a rectangle or parallelogram as required by clause (1) (c) if the claim, (a) is not in that shape so that it may conform to the land that is open for staking; and (b) is otherwise staked so as to meet the requirements of subsection (1) as closely as practicable in the circumstances. O. Reg. 7/96, s. 5 (3). (4) A mining claim may have a boundary that is coterminous with the boundary of an area that is not open for staking as long as all other boundaries of the claim are staked so that the claim conforms as closely as possible to the requirements set out in subsection (1). O. Reg. 7/96, s. 5 (4). (5) If the mining claim consists of two or more units, line posts must be erected along the perimeter of the claim at 400 metre intervals and at all locations where the corner of a lot or subdivision of a section lies on the perimeter of the claim. O. Reg. 7/96, s. 5 (5). (6) Where irregular boundaries exist, the line posts must be erected to mark out the boundaries as nearly as practicable. O. Reg. 7/96, s. 5 (6). (7) The boundaries of a mining claim extend downwards vertically on all sides. O. Reg. 7/96, s. 5 (7). (8) The length of any boundary of a mining claim must not exceed 3,200 metres and must not exceed four times the length of any other boundary. O. Reg. 7/96, s. 5 (8). (9) The measurements of the boundaries of a mining claim are horizontal distances. O. Reg. 7/96, s. 5 (9). (10) Subject to sections 6 and 7, a mining claim may consist of any combination of contiguous lots or parts of lots, quarter sections or subdivisions of a section according to the township fabric but must not deviate from the township fabric. O. Reg. 7/96, s. 5 (10). (11) Every survey of a mining claim, (a) must describe the parts of the lots or sections shown in the original township survey that are included within the perimeter of the claim, together with their areas; (b) is governed by the lot and concession lines established by an existing survey and not by the location of corner posts and line posts; and (c) must follow the boundaries of the mining claim that are coterminous with land that is not open for staking, if any. O. Reg. 7/96, s. 5 (11). (12) In a township surveyed into sections of 260 hectares that are subdivided into quarter sections or subdivisions containing 65 hectares, a mining claim of minimum size must contain 16 hectares and consist of the northeast, northwest, southeast or southwest quarter of a quarter section or subdivision. O. Reg. 7/96, s. 5 (12). (13) In a township surveyed into lots of 130 hectares, a mining claim of minimum size must contain 16 hectares and consist of the northeast, northwest, southeast or southwest quarter of the north half of a lot or an equivalent quarter of the south half of a lot. O. Reg. 7/96, s. 5 (13). (14) In a township surveyed into lots of 80 hectares, a mining claim of minimum size must contain 20 hectares and consist of the northeast, northwest, southeast or southwest quarter of a lot. O. Reg. 7/96, s. 5 (14). (15) In a township surveyed into lots of 60 hectares, a mining claim of minimum size must contain 15 hectares and consist of the northeast, northwest, southeast or southwest quarter of a lot. O. Reg. 7/96, s. 5 (15). (16) In a township surveyed into lots of 40 hectares, a mining claim of minimum size must contain 20 hectares and consist of the north, south, east or west half of a lot. O. Reg. 7/96, s. 5 (16). (17) If it appears that a township originally intended to be surveyed into sections of 260 hectares or into lots of 130, 80, 60 or 40 hectares, as mentioned in subsections (12) to (16), respectively, contains sections or lots that are not of the intended size, a person staking a mining claim in such a section or lot must stake the number of aliquot parts of a lot required for the particular size of lot into which the township was intended to be surveyed. O. Reg. 196/06, s. 1.