Roy Rupert, MNDM, Mining Commissioner, Ontario, Order, Nicolet Township

File No. MA 037-10

M. Orr
Deputy Mining and Lands Commissioner

L. Kamerman
Mining and Lands Commissioner

Tuesday, the 12th day of January, 2016.

THE MINING ACT

IN THE MATTER OF

Filed Only Mining Claims 4243482 to 4243484, both inclusive , situate in the Township of Nicolet, in the Sault Ste. Marie Mining Division, staked by Mr. Christopher M. Caron, Mr. Bruce Pigeon and Mr. Lance H. Eden, respectively, to have been recorded in the name of Mr. Roy J. Rupert (hereinafter referred to as the “Rupert Filed Only Mining Claims“);

AND IN THE MATTER OF

Ontario Regulation 196/06, as amended, Claims Staking;

B E T W E E N:

ROY J. RUPERT
Appellant
- and -
MINISTER OF NORTHERN DEVELOPMENT AND MINES
Respondent

AND IN THE MATTER OF

An appeal from an Order of the Provincial Mining Recorder, Ministry of Northern Development and Mines, dated the 12th day of August, 2010, to record the Rupert Filed Only Mining Claims 4243482 to 4243484, both inclusive, following compliance with a separate Order of the Provincial Mining Recorder, dated the 13th day of August, 2010, to move boundaries to accommodate Mining Claims SSM-1234843 and SSM-3018248, respectively.

O R D E R

WHEREAS THIS APPEAL was filed with this tribunal on the 10th day of September, 2010;

AND WHEREAS the Order of the Provincial Mining Recorder, Ministry of Northern Development and Mines, to move boundaries to accommodate Mining Claims SSM-1234843 and SSM-3018248, respectively, dated the 13th day of August, 2010, affected the Rupert Filed Only Mining Claims;

AND WHEREAS Mining Claims SSM-1234843 and SSM-3018248 were the subject of a separate appeal and hearing held before the tribunal on the 20th day of July, 2015, (tribunal files MA 030-10 and 038-10) and for which a decision was issued on the 17th day of December, 2015, wherein the two aforementioned mining claims were cancelled thereby making the adjustment of boundaries unnecessary; 

AND WHEREAS no disputes were filed against the Rupert Filed Only Mining Claims, the Provincial Mining Recorder having decided that they could be recorded following compliance with the Order to move boundaries;

1.    IT IS ORDERED that the Order of the tribunal, dated the 22nd day of December, 2015, be and is hereby rescinded and replaced with the following, nunc pro tunc:

1.     IT IS ORDERED that Filed Only Mining Claims 4243482, 4243483 and 4243484, respectively, be and are hereby accepted for recording in the name of the appellant, Mr. Roy J. Rupert, to be effective the 22nd day of December, 2015 and FURTHER shall have a due date for the performance and filing of prescribed assessment work of the 22nd day of December, 2017, as set out in Schedule “A” attached hereto and forming part of this Order.
2.    IT IS FURTHER ORDERED that the Appellant, Mr. Roy J. Rupert, having moved posts for the affected claims on a “without prejudice basis”, BE AND IS HEREBY DIRECTED to move posts back to their original positions as set out in the Applications to Record for the aforementioned Mining Claims SSM-4243482, 4243483 and 4243484, within a period of 45 days, pursuant to the tribunal’s authority under cl. 110(6)(a) and s. 112 of the Mining Act.
3.     THE APPELLANT IS DIRECTED to provide written confirmation to the tribunal and to the Provincial Mining Recorder of the movement of posts for Mining Claims SSM-4243482, 4243483 and 4243484, within 15 days of the completion of the movement of the posts. 

THIS TRIBUNAL FURTHER ADVISES that pursuant to subsection 129(4) of the Mining Act, as amended, a copy of this Order shall be forwarded by this tribunal to the Provincial Mining Recorder WHO IS HEREBY DIRECTED to amend the recording in the Provincial Recording Office in accordance with the aforementioned subsection 129(4).

DATED this 12th day of January, 2016.

original signed by M. Orr

 

M. Orr
DEPUTY MINING AND LANDS COMMISSIONER

 

original signed by L. Kamerman

L. Kamerman
MINING AND LANDS COMMISSIONER

 

SCHEDULE A

MINING CLAIM

DUE DATE

SSM-4243482

December 22, 2017

SSM-4243483

December 22, 2017

SSM-4243484

December 22, 2017