British Columbia Gazette Part II — B.C. Reg. 073/2021
B.C. Reg. 073/2021
British Columbia — Gazette
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Volume 64, No. 6
73/2021
The British Columbia Gazette,
Part II
March 23, 2021
B.C. Reg. 73/2021 , deposited March 11, 2021, under the MINERAL TENURE ACT [section 65 (2)]. Order in Council 134/2021, approved and ordered March 11, 2021.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that
(
a) the Mining Rights Compensation Regulation, B.C. Reg. 19/99, is amended as set out in the attached
Schedule 1, and
(
b) the Mineral Tenure Act Regulation, B.C. Reg. 529/2004, is amended as set out in the attached
Schedule 2.
— B. RALSTON, Minister of Energy, Mines and Low Carbon Innovation ; M. RANKIN, Presiding Member of the Executive Council .
Schedule 1
Section 1 of the Mining Rights Compensation Regulation, B.C. Reg. 19/99, is amended
(
a) by repealing the definition of "group of titles" , and
(
b) in the definition of "value" by striking out " sections 5 and 6 " and substituting "
section 5 " .
Section 2 (2) (a) (
i) and (ii) is amended by striking out " or group of titles " .
3 Sections 6 and 9 (3) are repealed .
Schedule 2
Section 4 (11) of the Mineral Tenure Act Regulation, B.C. Reg. 529/2004, is repealed.
2 The following
section is added:
Land that ceases to be alienated land or subject to no registration reserve
4.1
(1) In this section:
"conditional registration reserve" means a mineral reserve that permits registering a mineral title under circumstances or subject to limitations contained in the reserve;
"mineral reserve" means a mineral reserve under
section 22 of the Act;
"no registration reserve" means a mineral reserve that prohibits a free miner from registering a mineral title on land covered by the reserve.
(2) Subject to subsection (3), if a person holds a claim in respect of a cell and either of the following applies to land within the cell, the mineral or placer rights of the holder of the claim extend to that land:
(
a) the land
(
i) ceases to be alienated land, and
(ii) is not subject to a no registration reserve;
(
b) the land
(
i) ceases to be subject to a no registration reserve, and
(ii) is not alienated land.
(3) The following applies if, at the time the event referred to in subsection (2) (a) (
i) or (b) (
i) occurs, a portion of the land referred to in that subsection is subject to a conditional registration reserve:
(
a) in the case of a conditional registration reserve that permits registering a mineral title under circumstances, the holder's mineral or placer rights do not extend to that portion until those circumstances exist;
(
b) in the case of a conditional registration reserve that permits registering a mineral title subject to limitations, the holder's mineral or placer rights that extend to that portion are subject to those limitations.
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