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Chapter D9 ver. 2
Mineral Claim Surveys In Yukon
Table of Contents
- Survey Instructions Home
Part B - Agreements
B2 - Intergovernmental Agreements
Part D - Survey Standards
- D1 - Official Surveys
- D2 - Explanatory Plans
- D3 - Strata Surveys
- D4 - Condominium Surveys
- D5 - Registration and Land Use Area Plans
- D6 - Oil and Gas Surveys in Indian Reserves
- D7 - Oil and Gas Surveys in the Territories and Offshore
- D8 - Mineral Claim Surveys in the Northwest Territories and Nunavut
- D9 - Mineral Claim Surveys in Yukon
- D10 - Field Monitoring of Exterior Boundaries and Interior Frameworks
- D11 - Boundary Maintenance
- D12 - Control Surveys
- D13 - Basemapping
- D14 - Land Descriptions
- D15 - Survey Reports
- D16 - As-built Surveys
- D17 - Guidelines for the preparation of Legal Description Reports for the Individual First Nation Agreement under the First Nations Land Management Act
Part E - Appendices
This Chapter is effective August 1, 2006. It replaces Chapter D9-1 and D9-2 as Published April 1, 2004 in the General Instructions for Surveys of Canada Lands, e-Editions.
- Boundary Definition
- Placer Mining Surveys
- Quartz Mining Surveys
- Location Line Surveys
- Field Notes
- Plan Preparation
- Approvals and Certifications
- Specimen Plans
- Surveys of mineral claims may be required under the Placer Mining Act (Yukon) and the Quartz Mining Act (Yukon). Surveys of leases may be required under the Dredging Regulation (Yukon).
- Surveys of mineral claims may be made to define the boundaries of subsurface rights, subject to a lease, permit or other limited interest.
- There are two types of surveys made under the Placer Mining Act surveys of base lines and surveys of mineral claims.
- These general instructions apply to the survey of all placer and quartz mineral claims staked and granted under the Placer Mining Act and the Quartz Mining Act.
- Specific survey instructions are required for surveys of base lines under the Placer Mining Act and for leases staked under the Dredging Regulation.
- The surveyor should obtain confirmation from the Mining Recorder that the surveyed claims comply with the Acts and policies that govern the staking and granting of mineral claims before the plan is submitted to the Surveyor General Branch; including, the Notice of Change in Office Policy, Fractional Mineral Claims (July 21, 1992) issued by the Minerals Management Branch, Department of Energy, Mines and Resources (Yukon).
- Sources of information and documentation include:
- the regional office of the Surveyor General Branch in Whitehorse, which provides access to the Canada Lands Surveys Records for survey related documents such as plans and field notes, and other survey related information such as control; and
- the district office of the Mining Recorder, which provides access to documents pertaining to mineral rights such as applications to record and accompanying sketches of the subject and adjacent claims, and copies of the current claim sheet (web site at www.yukonminingrecorder.ca (opens in new window)).
- Every surveyed claim is designated by a lot number that must be obtained from the regional office of the Surveyor General Branch in Whitehorse prior to commencement of the survey. When applying for lot numbers the surveyor shall provide the names, record numbers, and the quad in which the claim or claims are situated.
- The lot number is issued with the letter of authority for the survey.
- The general instructions in Chapter D1 apply to surveys of mineral claims insofar as they are not inconsistent with the provisions of this Chapter.
- Base lines shall be connected to NAD83 (CSRS) or other control authorized by the Surveyor General Branch.
- The position of the boundaries and the dimensions of a mineral claim are governed by the legislation in force at the time of the location of the claim. The survey must comply in every particular with the provisions of the legislation.
- No mineral claim may consist of more than one parcel. Where a claim is separated by prior locations into two non-contiguous parcels, the parcel that is adjoining or closest to location post No. 1 shall constitute the claim.
- A mineral claim includes all areas covered by water lying within its boundaries. The approximate location of islands, lakes, and water courses shall be plotted on the survey plan using ties, aerial photographs or existing mapping. The ordinary high water mark of any water bodies close to a boundary being surveyed shall be tied and related to the boundary.
- Where an unsurveyed claim of prior location affects a claim under survey, the surveyor shall survey the prior claim to an extent sufficient to determine the boundaries common to both claims. The surveyor shall incorporate this data in the field notes, together with a copy of the application for the prior location.
- Every mineral claim is subject to reduction if, when the claim in question was staked, it encroached on other prior claims of the same type (or prospecting leases for placer mining) in good standing, or any other lands excluded from staking under subsection 17(2) of the Placer Mining Act or subsection 14(1) or section 15 of the Quartz Mining Act.
- When it is found from the records of the Mining Recorder that adjoining claims not owned by the same party were located on the same day, the surveyor should endeavour to ascertain from the owners, before going into the field, which claim was actually the prior location in order that the surveyor may know how to complete the survey in case the claims are found to overlap.
- In the case of a dispute, it is the duty of the surveyor to note all adverse overlapping claims as they are found and to show them in the field notes and on the plan of survey. The surveyor has no authority to decide priority of rights.
- In surveying a claim which is in dispute with another claim, the surveyor shall record all the intersections of the boundaries of the two claims. If the other claim is unsurveyed, its boundaries shall be surveyed to an extent sufficient to determine the intersections and the full extent of the overlap.
- Unless otherwise provided in this Chapter, a monument shall, if possible, be placed at each corner and deflection of the boundaries being surveyed. Intersections of boundaries defining subsurface rights with those defining surface rights need not be monumented, but the surface rights shall be plotted on the plan.
- A monument shall be placed at all location posts that are used to define the claim being surveyed. Location posts of a claim constitute vital primary evidence and should not be moved unless prior approval is granted by the Minerals Management Branch or the Mining Recorder.
- Where a location post or corner coincides with a monument established during the survey of an adjoining claim, the end point of the location line or corner being surveyed shall be placed at the same point as the limit defining the adjoining surveyed claim.
- If a corner or angle of a mineral claim falls in an area covered by water or in any other locality unfavourable to the placing of a monument, it shall be established by a witness monument placed on the boundary.
- Where the witness monument replaces a witness location post it shall be placed at the same point as the witness location post or as near as possible on line between the No. 1 and No. 2 location posts.
- When two witness monuments are used to mark one corner of a claim and each is placed on one of the two boundaries meeting at the corner, witness distances will not be marked on the monuments.
- The inscription on the monuments shall include the post and lot numbers. The inscription shall be placed in the segment of the cap facing the claim for capped posts, or on the side of the post facing the claim for other posts. This inscription shall be in the form: (post#) L (quad lot#). For example: 3L1642.
- All monuments marking the boundaries of a mineral claim are to be numbered, with numbers 1 and 2 being reserved for the location posts found or re-established.
- The provisions regarding ancillary monumentation in Chapter D1 apply to surveys of mineral claims insofar as they are not inconsistent with this Chapter. Where any two monuments marking a boundary line are less than 100 m apart, ancillary monumentation is to be made at only one of these monuments.
- Where there is a group of adjoining claims belonging to the same owner, monumentation of internal corners may be omitted if such monumentation is impractical or is likely to be destroyed, but all claim corners on the perimeter of the group and all location posts defining the group shall be monumented.
- Cut out and blaze all perimeter boundaries of a group of adjoining claims being surveyed. In addition cut out and blaze any surveyed interior boundary that separates claims under different ownership.
- When surveying a base line under the Placer Mining Act monument the base line at the terminal and deflection points and at intervals not exceeding 1 km. Mark monuments along the base line with the letters "BL" and identifying station numbers.
- In addition to monumenting the base line itself, place reference posts at base line deflections and terminal points in locations where they are least likely to be destroyed. To reduce the probability of these posts being mistaken for base line monuments by stakers, they should not be made overly conspicuous and be clearly identified with letters "REF" and a unique number.
- Placer claims are usually located along a creek or river and referenced to a base line established by official survey. A base line usually consists of a series of segments where points of deflection are identified by station numbers.
- Many base lines are historic having been surveyed and established at the beginning of the 20th Century. A survey may be required to resurvey an existing base line or to establish a new base line.
- A base line is located along the general direction of the central bottom lands of a valley, but not necessarily in the centre thereof. The base line shall conform as closely as possible to any existing unsurveyed base line shown on a placer claim sheet available from the Mining Recorder.
- Large deflections should be avoided as much as possible so that claims will not depart too much from rectangular. For a creek, the base line should be near enough to the stream to ensure that all creek locations include the full width of the creek. For a river the base line on each bank shall follow the general trend of the bank, and shall be within 150 m of the bank.
- Three kinds of claims are dealt with under the Placer Mining Act: those situated on a creek (creek claims), those fronting on a river (river claims), and those situated elsewhere (bench claims).
- Under the Placer Mining Act a "river" is a stream having an average width of at least 45.7 m (150 feet). A claim fronting on a river is confined to one side of the river. The river bed cannot be included in a claim (see figure 1).
- Two location posts are used to define the limits of a claim. The distance between the two location posts may not exceed 152.4 m (500 feet) in length along the base line except in the case of discovery claims. Discovery claims are staked in accordance with section 25 of the Placer Mining Act.
- The length of the location line is measured on the base line for creek or river claims, or measured on the front line parallel to the base line for bench claims. In all cases the claim boundaries shall conform to the base line as surveyed.
- The end boundaries of claims pass through the two location posts at right angles to the base line (subject to the maximum allowed length along the base line).
- The side boundaries of creek claims are parallel to, and 304.8 m (1000 feet) on each side of the base line (see figure 2).
- The front boundary of a river claim follows the bank. The side (rear) boundary is parallel to, and 304.8 m (1000 feet) from the base line.
- A bench claim fronts on a line parallel to the base line lying either 304.8 m (1000 feet), or a multiple thereof, distant from the base line. The side (rear) boundary is parallel to, and 304.8 m (1000 feet) from the front boundary.
- Locate the base line and location posts. Where the location posts are not along the base line (or front boundary for bench claims), project their location onto the base line (or front boundary for bench claims) by lines at right angle thereto.
- The length of a creek claim is measured along the base line. If the maximum length prescribed in paragraphs 39 and 40 above is exceeded, reduce it to the allowable length, measured along the base line and from the No.1 location post or its projection on the base line.
- If a claim has been staked overlength, the surveyor when reducing it to the length prescribed should not disturb the original No. 2 post.
- There is no protection for internal fractions created during the
staking of a group of claims. The surveyor may not add such fractions
until they have being staked or otherwise dealt with under the Act.
The owner of the group of claims has two options:
- stake the fraction as a new claim; or
- apply to the Mining Recorder for an extension of the claim boundaries under section 26 of the Placer Mining Act.
- The standard size claim is 457.2 by 457.2 m (1500 by 1500 feet) and has a maximum area of 20.9 ha (51.65 acres).
- A claim is defined by two location posts erected at both ends of a location line. The length of the location line cannot exceed 457.2 m (1500 feet).
- The location line of a claim may form one of the sides of the claim, or a portion of the claim may lie on either side of the location line.
- The markings on the No.1 location post will indicate the distance the claim extends on either the left or right side of the location line (commonly called the throw), the total extent not to exceed 457.2 m (1500 feet).
- Left and right side of the location line has the same meaning as if standing at the No. 1 location post and facing the No. 2 location post.
- A fractional claim is used to acquire ground lying between previously located claims. Adjoining claims govern the configuration of the fractional claim. The maximum area of a fractional claim surveyed under section 90 of the Quartz Mining Act is 24.3 ha (60 acres).
- Should location post No. 2 be more than 457.2 m (1500 feet) from location post No. 1, or more than 804.7 m in the case of a location for iron or mica, the surveyor shall place a monument on the location line at a distance of 457.2 m or 804.7 m, as the case may be, from location post No. 1, but should not disturb the original location post No. 2.
- A claim staked as a fractional claim may be surveyed to include as nearly as possible all the unoccupied ground lying between the previously located mineral claims described in the locator's application and accompanying sketch, provided that the area of the claim as surveyed is less than 24.3 ha (60 acres).
- Where the plan of survey reveals significant differences between the staker's apparent intention as reflected in the application and sketch and the final surveyed fraction, the surveyor shall seek the confirmation of the Mining Recorder that the fraction as surveyed complies with the Quartz Mining Act, before the plan is submitted to the the Surveyor General Branch.
- Section 89 of the Quartz Mining Act provides that where location post No. 1 or No. 2 of a mineral claim is on the boundary line of a previously located claim, which boundary line is not at right angles to the said location line, the fraction so created may be included in the claim being surveyed provided it is available and open to disposal and that the claim including the fraction will not exceed 24.3 ha (60 acres). (See figure 3.)
- The fraction in the previous paragraph is understood to be the gore of unoccupied land that would result if the two claims were surveyed strictly rectangular to the location lines. This gore would be defined by joining the respective corners of the two rectangles by a straight line and not in any case by producing the sides of the rectangles.
- Where both claims affected are being surveyed and the fraction could be added to either claim without exceeding the limit of area, or it could be divided between them, the circumstances in each case will indicate to the surveyor how the fraction should be dealt with and the matter is left to the surveyor's discretion.
- Section 14(2) of the Quartz Mining Act deals with claims
that are contiguous and comprise a group recorded in the name of one
- It covers the case in which a prospector stakes what is believed to be a solid row of claims, or parallel rows, and inadvertently, the location lines of the contiguous claims do not form a straight line. In this case the contiguity of the claims would not be disrupted, although fractions would be created. It is these fractions which are reserved to the recorded owner and which may be included in a mineral claim under section 89 of the Act. However, where the location line exceeds 457.2 m (1500 feet) in length or the distance between parallel location lines exceeds the throw distances, the contiguity of the claim block is lost, and the vacant ground lying between claims is not a protected fraction under section 14(2) and is available for staking by third parties; and
- The part of section 14(2) which reads "any such land may on survey be included in one or more of those claims by a Canada Lands Surveyor", allows the surveyor to include vacant fractions, created as described in subparagraph (a), in either one or several adjoining claims, provided that the area of any of the claims does not exceed 24.3 ha (60 acres).
- Where a location line survey is made strictly for the client's information and not for public use, no monuments shall be placed and no returns shall be filed with the Surveyor General Branch.
- If monuments are placed, Field Notes of Survey of Location Lines shall be prepared and submitted in accordance with the provisions of this Chapter.
- Surveys of mineral claim location lines may be made to preserve and document the position and condition of location posts and to identify any open ground without surveying the boundaries of the claim. These surveys do not define the boundaries of the claim, but may be used as field note information for a subsequent survey of the claim.
- In addition to the information prescribed in paragraph 93 of Chapter D1, the name of the claim and the name of the persons or company for whom the survey was made are to be given in the title of the field notes.
- Evidence of the position and condition of the location posts as found shall be recorded and entered in the field notes. This includes the types of post and the inscriptions and tags found on the posts.
- The abbreviations LP for location post and WP for witness location post may be used without explanation.
- Mineral claim survey plans shall be prepared in accordance with the guidelines in Appendix E3.
- The plan shall be similar in form to specimen plans SP9 1 and SP9-2.
- Include in the title of the plan:
- the name of the claims together with the lot and quad number,
- the name of the persons or company for whom the survey was made, and
- the mining district in which the claims are situated.
- Show in the diagram of the plan:
- all location posts, witness location posts and location lines involved in the survey, with bearings and distances sufficient to correlate these to the boundaries surveyed, including any location posts that are now not on the boundary by virtue of the location line being reduced in length pursuant to subsection 24(5) of the Placer Mining Act or subsection 36(1) of the Quartz Mining Act;
- the name of the claim together with the lot and quad number and the area of the claim shown within the claim boundaries;
- for each claim the inscriptions found on the location posts (post#, claim name, tag#, length and direction, date, locator) must be shown in table form or stated beside the appropriate monument;
- the name and general configuration of each claim adjoining the subject claim or group of claims; and
- topographic features sketched in sufficient detail to help identify the geographical position of the claim or claims.
- Place the appropriate endorsement certificates in the spaces as indicated on the specimen plans.
- The owner, or the surveyor acting on behalf of the owner, shall post and advertise the survey of mineral claims within six months of the completion of the field work and in accordance with the Acts. Notice of surveys of placer mineral claims shall be posted and advertised in accordance with section 39 of the Placer Mining Act. Notice of surveys of quartz mineral claims shall be posted and advertised in accordance with section 70 or section 87 of the Quartz Mining Act.
- The surveyor shall submit the final plan of placer base lines to the Surveyor General Branch within six months of the completion of the field work. The Surveyor General Branch will make arrangements for the posting and advertisement of the surveyed base line.
- The Minister of Energy, Mines and Resources (Yukon) will approve the plan of survey of placer mineral claims and base lines if it remains unprotested during the period of the advertisement.
- Upon the approval of the plan as specified in paragraph 75, the Surveyor General, or a person designated by the Surveyor General, will confirm the plan if the survey and plan conform with the instructions of the Surveyor General. The plan will be deemed to be an official plan upon confirmation.
- The Surveyor General, or a person designated by the Surveyor General to approve a plan of survey of quartz mineral claims, will approve the plan if the survey and plan remains unprotested during the period of the advertisement and conforms with the instructions of the Surveyor General. The plan will be deemed to be an official plan upon approval.
- Mineral claim plans are recorded in the Canada Lands Surveys Records and a copy of placer base line and placer claim surveys are sent to the Land Titles Office.
- The returns of survey must be submitted to the regional office of the Surveyor General Branch in Whitehorse within six months of the completion of the field work.
- The returns of survey of the mineral claim or claims shall consist
- the plan;
- the field notes, in one of the prescribed forms;
- a survey report as prescribed in Chapter D15 ;
- for quartz mineral claim surveys, the surveyor's certificate required by section 93 of the Quartz Mining Act;
- copies of the applications together with the accompanying sketches, for all surveyed and surrounding mineral claims;
- a current copy of the claim sheet;
- a priority/history table that lists the priority, according to the location dates, of the claims being surveyed and of any other claims that affect, or may affect, the boundaries of the claims being surveyed. The table shall include the grant number, claim name, location date, recording date, any lapse date, direction of location line, and left and right throws from the location line;
- all vertical air photographs used in plotting features shown on the plan; and
- any other items requested in specific instructions for the survey
The following documents are archived on the web and intended for the land surveying communities. Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.