Survey of Mining Claims Regulation

Survey of Mining Claims Regulation, M.R. 500/88 The Surveys Act , C.C.S.M. c. S240 Regulation 500/88 Registered November 22, 1988 bilingual version (HTML) * Note that specimen plans of survey are available from the Director of Surveys. Table of Contents Section 1 Definitions 2 Application 3 Survey of mining claims 4 Survey by Manitoba Land Surveyor 5 Survey where specific requirements not set out 6-12 General requirements 13 Limits of error 14-16 Connections 17 Topography 18-29 Boundary monuments 30-34 Inscriptions on posts 35-40 Determination of boundaries 41 Returns of survey 42 Where compliance with regulation impracticable 43 Repeal Schedule A Surveyor's Certificate B Specimen of Markings on Iron Survey Posts Placed at the Four Principal Corners Definitions 1 In this regulation, "Director of Surveys" means a surveyor designated as the Director of Surveys under Part II of The Surveys Act ; (« directeur des Levés ») "mining claim" means a claim as defined in The Mines and Minerals Act . (« claim minier ») M.R. 115/2025 Application 2 This regulation applies to the survey on the ground of mining claims which are (a) staked out, held or acquired as a lease or claim on or after July 11, 1981; and (b) situated outside the Northerly and Easterly limits of the First System of Survey of Dominion Lands, described as "unsurveyed territory" in the Mineral Disposition and Mineral Lease Regulation, 1992 , Manitoba Regulation 64/92.* * Surveys of mining claims within the First System of Survey or "surveyed territory", as described in the Mineral Disposition and Mineral Lease Regulation, 1992 , require separate instructions which are available from the Director of Surveys. M.R. 115/2025 Survey of mining claims 3 Every survey of a mining claim shall be made in compliance with this regulation. Survey by Manitoba Land Surveyor 4 Every survey of a mining claim shall be made by a Manitoba Land Surveyor who shall certify each survey in the form set out in Schedule A. Survey where specific requirements not set out 5 A survey of a mining claim, or group of claims, is a legal survey and shall conform to normally accepted practice where specific requirements are not set out in this regulation. General requirements 6 Where a prior surveyed claim forms a common boundary or boundaries with the claim or group of claims under survey, those boundaries shall be sufficiently retraced and that retracement shall be monumented in accordance with this regulation. 7(1) Where a new claim to be surveyed was staked so that it encroaches on one or more prior claims, the new survey shall exclude such prior claims even though the prior claims may have lapsed since the new claim was staked. 7(2) Where the new claim to be surveyed was staked so that it encroaches on one or more prior claims, which had lapsed prior to that new staking, the new claim shall be surveyed according to that new staking. 8 At least one astronomical observation on either Polaris or the Sun, to achieve an accuracy of no less than one minute of arc, shall be taken on all claims or groups of claims which have no direct and contiguous connection with a prior surveyed line, the astronomical bearing of which has been previously determined. 9 All lineal measurements shall be returned in metres to three decimal places, and all angular measurements shall be to 20 seconds of arc. 10 A surveyor shall obtain the location records of the subject claim or claims and any adjoining claims prior to proceeding on the ground. 11 Every claim, or group of claims provided the group of claims is (a) contiguous; (b) does not exceed 800 hectares in total; and (c) are all recorded in the same name; shall be designated by one lot number in the applicable group to which it or they belong. 12 Before commencing a survey, the surveyor shall obtain the numbers of the lot and group from the Director of Surveys at Winnipeg, using the name, record numbers and the known location of the claims in order to determine the correct group. Limits of error 13 The survey of mining claims or groups of claims shall be closed to give a closing error of no less than 1:8,000, and where a closure is made using measurements from a prior plan of survey, the closing error shall be no less than 1:6,000. Connections 14 Where a boundary of the claim or group of claims intersects any prior survey, the intersection shall be measured and shown on the plan and all lines from prior surveys shall be shown as broken lines. 15 Where there is no prior survey within the periphery of the claim or group of claims, a connection shall be made to any cadastral or geodetic survey monument or monuments within three kilometres of the claim, and any tie lines or traverses not forming a closure require two independent measures. 16 Where there is (a) no prior survey within the periphery of the claim; (b) no cadastral or geodetic monument within three kilometres of the claim; and (c) no identifiable topographical features within the periphery of the claim; a connection shall be made to the most prominent topographical feature situated within three kilometres of the claim. Topography 17(1) All lakes over two hectares in extent and all streams or rivers over seven metres in width, wholly or partly within the claim or group of claims, shall be defined on the plan by photogrammetric methods approved by the Director of Surveys. 17(2) Only official names of lakes and rivers shall be shown. Boundary monuments 18 The surveyor shall place an iron post 2.5 cm x 2.5 cm x 0.9 m long and marked M.L.S., referenced by at least two bearing trees at each of the four principal corners of the claim, that is, the Northeasterly corner (No.1), the Southeasterly corner (No.2), the Southwesterly corner (No.3) and the Northwesterly corner (No.4). 19 Where two or more location posts are found within a distance of one or two metres, and are interpreted by the surveyor as marking the same point, the corner of the claim to be surveyed shall be placed at the site of the earliest post. 20 The surveyor shall drive the iron post referred to section 18 so that the one side of the post shall face inwards towards the subject claim (that is diagonal to the two claim boundaries which intersect at that point), and the top of the driven post shall be no less than 10 cm and no more than 15 cm above the ground. 21 When surveying a claim which adjoins a prior claim surveyed under this regulation, the iron post used on the prior claim, where it defines the common corner, shall be used and stamped according to this regulation. 22 In all cases, (a) the number one staking post shall be left in place and the survey post placed immediately beside it; and (b) the three other staking posts shall be removed but left at that location, and the survey post substituted at the same point. 23 In treeless terrain a circular stone mound at least 60 cm high shall be placed immediately South of the post in place of the two bearing trees. 24 A fractional claim having only three corners shall omit the No. 4 corner post. 25 An intermediate post shall be placed firmly in the ground (a) at each angle in the claim; (b) at every intersection with the boundaries of overlapping prior claims; (c) at each Location Boundary Post placed under The Mines and Minerals Act ; and (d) where a Location Boundary Post is not found and the boundary between adjacent posts exceeds 400 metres, at a suitable location so that all adjacent posts are less than 400 metres apart. M.R. 115/2025 26 All intermediate posts shall be of wood of the most durable type available, not less than one metre in length, squared 30 cm from the top, with the faces at least eight cm wide, and the top bevelled to shed water. 27(1) All bearing trees shall be blazed at least one metre above the ground facing the iron posts with "B.T." scribed on the blaze or stamped on an aluminum or copper plate attached to the blaze. 27(2) Bearings and distances from the iron post to the bearing trees shall be recorded in the field notes and endorsed on the plan. 27(3) The tree species and the diameter at each blaze shall be recorded on the plan. 28 When a principal corner or an angle of a mining claim falls in water, swamp, muskeg or open rock or in any other locality unfavourable to the placing of a monument it shall be perpetuated by a witness post which shall be (a) of the same type described in sections 18, 25, 26 and 27; and (b) placed on the boundary or the boundary produced as near as possible to the witnessed corner and an even number of metres from the witnessed corner or angle. 29 A marker post may be used in place of bearing trees or stone mounds and if used, shall be placed 30 cm Northeast of the iron post, and the plate on the marker post shall carry the words "Legal Survey Marker - Do Not Destroy". Inscriptions on posts 30(1) Principal posts shall be numbered consecutively in a clockwise direction from the most Northeasterly corner of the claim. 30(2) All intermediate posts shall have the same number as the preceding principal post with the addition of the letter A, B, C, etc. 31 The principal iron posts shall have the post number and the group lot number assigned to the claim stamped with steel dies on the side of the iron post facing that claim. 32 Intermediate wooden posts shall have an aluminum, copper or associated alloy plate nine cm by five cm, attached by at least two, four cm long, screws or twist type nails, on the side of the post facing the subject claim. 33 The witness post shall bear, in addition to the number of the corner it is witnessing and the lot number, the letters "WIT" together with the distance in metres and the direction to the true corner, for example 2L1463 WT.75 E, a sample of which is set out in Schedule B. 34 One witness post only shall be used for each witnessed corner. Determination of boundaries 35 In determining the boundaries of a mineral claim, the surveyor shall comply with the requirements of Manitoba Regulation 428/87 R under The Mines and Minerals Act . M.R. 115/2025 36 Where the mining claim or group of claims to be surveyed is affected by an adjoining claim of prior location which is unsurveyed, the surveyor shall survey sufficient of the prior claim to determine the boundaries of both the prior and the new claim or claims. 37(1) In surveying a claim that is in dispute with another claim, the surveyor shall survey sufficient boundaries of all claims affected, and show these boundaries on a preliminary plan of survey, without placing any permanent survey posts in the ground. 37(2) The preliminary plan, together with all available evidence of any description, including evidence from any person under affidavit, shall be sent to the Director of Surveys within one year of completion of the field survey unless otherwise authorized by the Director. 38 Where a dispute arises respecting priority of rights, the surveyor shall provide survey and other required evidence in order that the dispute may be settled under The Mines and Minerals Act . M.R. 115/2025 39 A plan shall be prepared and submitted as the claim was originally staked where (a) it is a single claim (i) whose area does not exceed 256 hectares, (ii) whose length does not exceed four times its width, or (iii) any side of which is not less than 400 metres in length; or (b) it is a group of claims (i) whose area does not exceed 800 hectares, or (ii) whose total length does not exceed six times its width. 40 Where a lessee wishes to reduce the size of a claim or group of claims, the surveyor shall request special instructions from the Director of Surveys. Returns of survey 41(1) Within six months after the completion of a survey of a mining claim, the surveyor shall forward to the Director of Surveys a plan of the survey in duplicate, together with a copy of all astronomical observations and a copy of the location record of the mining claim. 41(2) The plan referred to in subsection (1) shall (a) include only one lot, that is, either a single claim or a group of claims; (b) be at a rational scale of 1:1 or 1:5 or multiples by integral powers of 10; (c) be on drafting film which is .007 cm thick, using black waterproof ink; (d) not exceed 60 cm in width; (e) provide a space eight cm wide by 15 cm deep in the upper right hand corner for Director of Surveys memorials; (f) have a title containing the name of the claim or claims, the numbers of the lot and group, a description of the locality, the mining district, the surveyed or theoretical township and range and the name of the person for whom the survey was made; (g) show the name and number of the claim within the surveyed boundary, and where the survey is of a group of claims, the names and numbers shall be shown in tabulated form in relation to location, near the centre of the periphery boundary, but internal lines shall not be shown unless actually surveyed; (h) show the area of the claim or group of claims in hectares to three decimal places, with separate areas for land and land covered by water; (i) show the scale and a north point; (j) show the recorded numbers and date of aerial photographs, if used for water bodies; (k) show a solid black line outlining the lot but on the outside of, and adjoining the lot boundaries: (l) show boundary lines run on the ground by full black lines and boundary lines used from prior surveys by broken black lines; (m) show the original position of all location posts (e.g. 0 Fd. LP3) and the names and lot numbers of all adjoining surveyed claims or group of claims and the names of adjoining unsurveyed claims; (n) show normal survey plan symbols and abbreviations; (o) show the inscriptions on location posts and on metal tags in a tabulated form; (p) show a location map at a suitable scale identifying the claim or claims; (q) show the date or dates of survey. Where compliance with regulation impracticable 42 Notwithstanding anything contained in this regulation, the Director of Surveys may issue instructions and accept plans of survey not strictly in compliance with this regulation in special cases where, in the opinion of the Director, compliance or strict compliance would be impracticable. Repeal 43 Manitoba Revised Regulation S240-Rl is repealed. SCHEDULE A (Section 4) SURVEYOR'S CERTIFICATE I, _________________________________________ of the ___________ of ___________________ , Manitoba Land Surveyor, certify that I did personally superintend the survey represented by this plan, that the survey and plan are correct and true to the best of my knowledge and belief. ___________________________    M.L.S. SCHEDULE B (Section 33) Specimen of Markings on Iron Survey Posts Placed at the Four Principal Corners