Surface Rights Notification to Perform Assessment Work - Deadline

Section 78 of the Mining Act states that the holder of a mining claim must give notice to the owner of any surface rights when the claim holder first proposes to perform ground assessment work on any part of the land covered by the surface rights. A Certificate of Notice of Intention to Perform Assessment Work, or a written consent from the owner of the surface rights must be filed prior to or accompany the filing of the assessment work.

The Minister shall not record ground assessment work performed on a claim where the surface rights have been worked unless the Minister establishes that the claim holder has provided notice to the surface rights holder.

That notice must be:

1. a Certificate in the prescribed form Notice of Intention to Perform Assessment Work (#0242) and all further evidence that the Minister may require as evidence that the holder gave the required notice;
2. the Minister determines that it is not feasible in the circumstances to give notice to the owner of the surface rights; or
3. the owner of the surface rights gives written consent to the performance of the work after it has been performed.

An extension of time cannot be granted beyond the due date (anniversary) of a claim to file the certificate or written consent. It is the responsibility of the claim holder or the agent to provide all necessary documentation by the anniversary date. Failure to provide all the information by the anniversary date of the claim could put the status of the mining claim(s) in jeopardy.

Note: It is to the advantage of the claim holder or agent to file the notice with the Geoscience Assessment Office as soon as it is given to the surface rights owner. The claim holder or agent does not have to wait to file the notice until the holder files the assessment work.