Mines (Regulatory)

Staking Requirements in Manitoba

This summary is not a substitute for The Mines and Minerals Act or the respective regulation and has no legislative sanction. Its purpose is to emphasize the main requirements of the Act and regulations relating to staking and recording a mining claim.

 

Content Links:

What is a Mining Claim?

Before Staking a Claim

When Staking a Claim

After Staking a Claim in Unsurveyed Territory

Contact Information

 

What is a Mining Claim?

A mining claim is a parcel of Crown mineral land held to explore for and develop minerals. Mining claims can vary in size from a minimum of 16 hectares to a maximum of 256 hectares.

A mining claim in unsurveyed territory (see Figure 1) should be approximately rectangular in shape; the length cannot be greater than four times the width; and no side can be less than 400 metres in length. The location of the mining claim determines the mining district the claim is registered in.

A mining claim in surveyed territory is one or more legal subdivisions or parts of legal subdivisions that are available for staking. The boundaries of the claim must coincide with the legal land survey system or with the boundaries of existing surveyed land parcels. Mining claims in surveyed territory do not have to be physically staked; the Application to Record a Mining Claim in Surveyed Territory can be filed at any of the Recording Offices listed on the application form. The fee is $67.00 per claim and is non-refundable.

 

Before Staking a Claim

Prospecting Licence

To stake a claim, a staker must have a prospecting licence. Anyone 18 years or older can apply for a licence at any Recording Office. The licence is good for a lifetime and costs $15.00.

The prospecting licence allows the licensee to stake any number of claims. Unlicensed people can help stake a claim but the holder of the licence must be present to ensure the proper information is written on the claim posts. The staker must carry the licence when staking a claim.

Decide where you want to stake and buy claim maps from the appropriate Recording Office. Claim maps show the recorded claims, exploration permit areas, mineral lease areas, areas where staking is not allowed and areas where special permission is needed to stake a claim. Claim maps cost $4.00 each.

Check The Mines and Minerals Act and Regulations for details concerning staking, recording and holding a mining claim.

 

Claim Tags

Claim tags are available at any Recording Office; can be used anytime and anywhere, are not transferable; and cost $7.50 plus GST for a set of four. There is no refund for unused tags.

A claim must have the appropriate claim tag securely fastened to each corner post. Put the tag on the side of the post facing the next highest numbered corner post. Put the tag for the No. 4 post on the side facing the No. 1 post (see Figure 2).

There are two choices with respect to claim tags:

  1. You can stake a claim; record it; and then buy tags. You have one year to put the tags on the corner posts of the claim or;

  2. You can buy your tags before staking and attach the tags to the posts as you stake.

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When Staking a Claim

In Unsurveyed Territory

Be sure of your location on the ground before staking. Your location can be identified by surrounding claims, lakes, rivers, streams, roads, or anything else to help locate your position.

Cut and erect posts (posts of previous claims cannot be used).

  1. At each corner of the claim: No. 1 post at the northeast corner; No. 2 post at the southeast corner; No. 3 post at the southwest corner; No. 4 post at the northwest corner.

  2. Distances between posts, of any kind on land, cannot exceed 400 metres. Where a claim boundary is greater than 400 metres between corner posts, boundary posts must be erected. Distances between boundary posts cannot be greater than 400 metres.

  3. The claim boundary must be clearly marked between posts by blazing trees at frequent intervals, some cutting of underbrush, placing pickets or any other way to make the boundary easily followed. Markings from a previous claim may not be used.
Posts

Planted posts or trees made into posts, must be at least 1.2 metres in height and the top 50 cm. must be squared. Each squared face on a planted post shall as nearly as possible be 8 cm. wide (see Figure 3). Squared faces of a tree made into a post will be of sufficient width to write the required information on it.

On the four corner posts, write (preferably in pencil): the number of the post; the name of the claim (no initials or words less than three letters allowed); the name of the staker; the time and date the post was located; and on the No. 1 post, the time and date you finished staking the claim.

On boundary posts write (preferably in pencil): the letters "BP"; the name of the claim; the name of the staker; and the time and date the post was located.

Write information on the side of the post that faces the next highest numbered corner post. When erecting boundary posts between the No. 4 and No. 1 posts, write on the side that faces the No. 1 post (see Figure 2). If staking a group of claims with common boundaries, use one post at common locations for touching claims. Write the information for each claim on the correct side of the post.

A witness post is used when a corner post or intersection post cannot be put in it’s true location due to water or some other obstacle (see Figure 4). Put the witness post as close to it’s true location as possible along the claim boundary. On these posts write "WP" as well as: the direction and distance to where the post should have been placed; the claim name; the name of the staker; time and date the post was located; and for corner posts - the post number. The writing and tag (if it is a corner post) go on the side of the post facing the direction the post should be located.

An intersection post is used to show a change in direction of a claim boundary between two corner posts (see Figure 5). On these posts write "IP" and a letter of the alphabet starting with "A", the claim name, the name of the staker, time and date the post was located.

 

After Staking a Claim in Unsurveyed Territory

You have 30 days after the finishing date on the No. 1 post to record the claim. If the claim is not recorded in that period, the claim will not be accepted.

To record a claim, complete the Application to Record a Mining Claim in Unsurveyed Territory and file it at any Manitoba Growth, Enterprise and Trade office listed on the application form, with the proper filing fees. A duplicate sketch of the claim must be supplied with the application form.

A claim sketch must have the following information on it: the position of the claim in relation to topographical features and surrounding claims, if any; the position of claim posts and the information written on each post; the distance between claim posts on boundary lines; the distance between claim posts and lakes, rivers, streams or other bodies of water, along boundary lines; and the location of any major features such as buildings, roads, trails or other man made features on or near the claim. Figure 4 and Figure 5 are examples of the information needed on a claim sketch.

If more than one claim is staked in the same area, two copies of a composite claim sketch (see Figure 6) must be supplied with the claim applications. Each completed application can be sent or taken to any Manitoba Growth, Enterprise and Trade - Mines office listed on the application form. The cost to record a claim is $16.00 per claim in unsurveyed territory.

All claims can be inspected by an inspector. If problems are found, a specified length of time is given to correct them. If the problems are not corrected within the specified period, the claim may be refused or canceled.

 

Contact Information

Become familiar with the regulations before staking. Contact or visit a Recording Office:

In Winnipeg:

Acting Mining Recorder
Manitoba Growth, Enterprise and Trade
Mines Branch
360-1395 Ellice Avenue
Winnipeg MB Canada R3G 3P2
Phone: 204-945-6586
Fax: 204-945-8427
E-mail: mines_br@gov.mb.ca

In Flin Flon:

Dale Wride
Claims Inspector, Mining Recording Section
201-143 Main Street
Flin Flon, Manitoba
R8A 1K2
Telephone: 204-687-1635
Fax: 204-687-1634
E-mail: dale.wride@gov.mb.ca

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