Mineral Tenure Act

Section 18 of the Builders Lien Act permits the filing of a lien in respect of a mineral title held at the office of the gold commissioner under the Mineral Tenure Act, R.S.B.C. 1996, c. 292. In other words, it is not only land registered in the land title office that liens can be filed against, but liens can also be filed against mineral titles kept in the register at the gold commissioner’s office.  
 
Section 1 of the Mineral Tenure Act includes the following definitions:
  • "claim" means a mineral claim or a placer claim and includes a legacy claim;
  • "mineral" means an ore of metal, or a natural substance that can be mined, that is in the place or position in which it was originally formed or deposited or is in talus rock, and includes
(a) rock and other materials from mine tailings, dumps and previously mined deposits of minerals,
(b) dimension stone, and
(c) rock or a natural substance prescribed under section 2 (1),
but does not include
(d) coal, petroleum, natural gas, marl, earth, soil, peat, sand or gravel,
(e) rock or a natural substance that is used for a construction purpose on land that is not within a mineral title or group of mineral titles from which the rock or natural substance is mined,
(f) rock or a natural substance on private land that is used for a construction purpose, or
(g) rock or a natural substance prescribed under section 2 (2);
  • "mineral claim" means a claim to the minerals within an area which has been located or acquired by a method set out in the regulations and includes a claim to minerals recorded under one of the former Acts;
  • "placer claim" means a claim to the placer minerals within an area which has been located or acquired by a method set out in the regulations;
  • "placer mineral" means ore of metal and every natural substance that can be mined and that is either loose, or found in fragmentary or broken rock that is not talus rock and occurs in loose earth, gravel and sand, and includes rock or other materials from placer mine tailings, dumps and previously mined deposits of placer minerals, but does not include a mineral substance or the substances described in paragraphs (d) to (g) of the definition of "mineral" in this section;
(Mineral Tenure Act, R.S.B.C. 1996, c. 292, s. 1).
 
The above indicates that the definition of “mineral” in the Mineral Tenure Act specifically excludes certain types of deposits e.g. coal, petroleum, natural gas, marl, earth, soil, peat, sand, gravel.  If the mineral title is in respect of an excluded mineral then a lien cannot be filed under the Mineral Tenure Act, see Pine Valley Mining Corporation (Re), 2007 BCSC 812 at para. 3.

 

 

 

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