File No. MA 002-06
L. Kamerman
Mining and Lands Commissioner
Thursday, the 21st day of September, 2006.
Those lands circumscribed by Forfeited Patented Mining Claim L1535, being patent 876 Temiskaming, dated the 2nd day of June, 1915, situate in the Township of Teck, in the District of Temiskaming, Province of Ontario, having a Notice of Forfeiture on title, signed by the Minister of Mines on the 11th day of May, 1959, and registered in the Land Registry Office in Haileybury, Ontario, on the 13th day of May, 1959;
Those lands circumscribed by Forfeited Patented Mining Claim L2728, being patent 459 Temiskaming, dated the 6th day of August, 1914, situate in the Township of Teck, in the District of Temiskaming, Province of Ontario, having a Notice of Forfeiture on title, signed by the Minister of Mines on the 11th day of May, 1959, and registered in the Land Registry Office in Haileybury, Ontario, on the 13th day of May, 1959;
An application to stake the Mining Rights under Patented Mining Claims L-1535 and L-2728, pursuant to subsection 32(1) of the Mining Act, as shown on the attached Schedule "A".
Eric Joseph Marion
Applicant
and
Respondents | Parcel# | PIN # |
---|---|---|
The Corporation of the Town of Kirkland Lake* | 9169 SEC CST | 61408 0627 |
The Corporation of the Town of Kirkland Lake* | 9169 SEC CST | 61408 0559 |
The Corporation of the Town of Kirkland Lake* | 8195 SEC CST | 61408 0546 |
The Corporation of the Town of Kirkland Lake* | 8348 SEC CST | 61408 0225 |
The Corporation of the Town of Kirkland Lake* | 8348 SEC CST | 61408 0270 |
The Corporation of the Town of Kirkland Lake* | 8348 SEC CST | 61408 0272 |
The Corporation of the Town of Kirkland Lake* | 8348 SEC CST | 61408 0274 |
The Corporation of the Town of Kirkland Lake* | 8348 SEC CST | 61408 0331 |
The Corporation of the Town of Kirkland Lake* | 8349 SEC CST | 61408 0332 |
The Corporation of the Town of Kirkland Lake* | 8349 SEC CST | 61408 0333 |
The Corporation of the Town of Kirkland Lake* | 10962 SEC CST | 61408 0651 |
The Corporation of the Town of Kirkland Lake* | 10962 SEC CST | 61408 0937 |
The Corporation of the Town of Kirkland Lake* | 13366 SEC CST | 61408 0766 |
The Corporation of the Town of Kirkland Lake* | 12747 SEC CST | 61408 0763 |
The Corporation of the Town of Kirkland Lake* | 9169 SEC CST | 61408 0925 |
The Corporation of the Township of Teck* | 9169 SEC CST | 61408 0926 |
The Corporation of the Township of Teck* | 9169 SEC CST | 61408 0927 |
The Corporation of the Township of Teck* | 9169 SEC CST | 61408 0928 |
The Corporation of the Township of Teck* | 8195 SEC CST | 61408 0920 |
Kirkland & District Association for the Mentally Retarded (Community Living Kirkland Lake)* | 12772 SEC CST | 61408 0764 |
Kirkland & District Association for the Mentally Retarded (Community Living Kirkland Lake)* | 12773 SEC CST | 61408 0346 |
Kirkland & District Association for the Mentally Retarded (Community Living Kirkland Lake)* | 12774 SEC CST | 61408 0347 |
District of Timiskaming Social Services Administration Board* | 10612 SEC CST | 61408 0709 |
Kirkland Lake Non-Profit Housing Corporation* | 12701 SEC CST | 61408 0769 |
Kirkland Lake Non-Profit Housing Corporation* | 12702 SEC CST | 61408 0708 |
District School Board Ontario North East*** | 13681 SEC CST | 61408 0936 |
13017 SEC CST | 61408 0585 | |
Jean-Paul Joseph Villeneuve** Rosanne Gracia Villeneuve ** |
13060 SEC CST | 61408 0757 |
Philip Thomas Forcelllni** Silvia Renate Forcelllni** |
12706 SEC CST | 61408 0759 |
Joseph Edmond Marcel Rozon* Yvonne Madeliene Rozon* |
13061 SEC CST | 61408 0758 |
Joseph Edmond Marcel Rozon* Yvonne Madeliene Rozon* |
12709 SEC CST | 61408 0755 |
Ruth Mary Vernon* | 8320 SEC CST | 61408 0778 |
Victoire Noella Dodds* | 8319 SEC CST | 61408 0810 |
Roxanne Loraine Brookes* | 9639 SEC CST | 61408 0713 |
Lee Ernest Chouinard* | 10572 SEC CST | 61408 0710 |
Frank Albert Zidar Vada Zidar* |
10053 SEC CST | 61408 0711 |
Raymond Eugene Lafleche* Lynne Louise Lafleche* |
10052 SEC CST | 61408 0712 |
Jean Paul Cormier* Chantal Mona Boucher* |
10659 SEC CST | 61408 0771 |
Bradley Morgan Pullen* Darleen Cathy Smith* |
10653 SEC CST | 61408 0772 |
Walter Joseph Szach* Anita June Szach* |
10918 SEC CST | 61408 0773 |
Rodney Lee Davis* Melanie Margaret Koroscil* |
13396 SEC CST | 61408 0762 |
Marlene Watson* | 8427 SEC CST | 61408 0777 |
Carol Lillianne Lessard* | 8652 SEC CST | 61408 0776 |
12686 SEC CST | 61408 0340 | |
Eric Victor Nielson* Leanne Catharine Nielson* |
12667 SEC CST | 61408 0341 |
Michel Yvon Moreau* Kimberley Ann Moreau* |
13338 SEC CST | 61408 0273 |
Paul Denis Guertln** Micheline Dorcina Guertin** |
12680 SEC CST | 61408 0344 |
Michael Brissette** Nicole Brissette ** |
13384 SEC CST | 61408 0345 |
William Roderick Macdonald ** Lorraine Anne Macdonald** |
12670 SEC CST | 61408 0349 |
John Karl Doxsee** Christine Ann Doxsee** |
12663 SEC CST | 61408 0350 |
Gerhard Meyer* Ida Elisabeth Meyer* |
12664 SEC CST | 61408 0354 |
Carolyn Lynn Spinato* Frank Carlo Spinato* |
12672 SEC CST | 61408 0355 |
Daniel Gerald Napoleon Maille * Cindy Gail Davis* |
13364 SEC CST | 61408 0765 |
Donna Lee Crema* | 13367 SEC CST | 61408 0767 |
Basil Mcmillan | 13272 SEC CST | 61408 0768 |
Allen Lauzon Louise Lauzon |
12725 SEC CST | 61408 0756 |
Allen Lauzon Louise Lauzon |
12756 SEC CST | 61408 0760 |
Respondents (Amended September 21, 2006)
*And whereas those respondents identified above by an asterisk (*), provided their signed consent, with conditions in some cases, to the tribunal, for the granting of this application
**And whereas six respondents (as identified above with two asterisks, (**) did not respond or provide their consent to this application, as shown on the attached map of the subject area as outlined in red and marked Schedule "A"
***And whereas only one respondent, being the District School Board, Ontario North East (DSB) as identified above with three asterisks (***) responded negatively and did not provide its consent
Whereas this application was received by this tribunal on the 16th day of January, 2006;
And whereas an Order To File documentation was issued by this tribunal on the 8th day of February, 2006;
And whereas documentation was filed by the applicant with both the tribunal and the respondents on or about the 9th day of March, 2006 and subsequently, by some of the respondents named above on the applicant and the tribunal;
And whereas those respondents identified above by an asterisk (*), provided their signed consent, with conditions in some cases, to the tribunal, for the granting of this application;
And whereas six respondents (as identified above with two asterisks, (**) did not respond or provide their consent to this application, as shown on the attached map of the subject area as outlined in red and marked Schedule "A";
And whereas only one respondent, being the District School Board, Ontario North East (DSB) as identified above with three asterisks (***) responded negatively and did not provide its consent;
And whereas in addition to the correspondence received by the tribunal from the DSB, on the 4th and 9th days of May, 2006, the tribunal wrote to the DSB on the 16th day of May, 2006 and the tribunal registrar and the agent for the appellant held a telephone conference call with the DSB in order to better understand and to address their concerns, on the 6th day of June, 2006;
1. It is ordered that the application to stake the Mining Rights under Patented Mining Claims L-1535 and L-2728, pursuant to subsection 32(1) of the Mining Act, be and is hereby granted to the applicant, Mr. Eric Joseph Marion, upon the following conditions:
The following conditions will apply for exploratory works considered to be non-intrusive in nature, being geophysical, geochemical and geological surveying and prospecting;
Should the claim holder or parties working under its direction wish to perform intrusive exploratory work such as drilling, trenching or permanent markings and line cutting, a detailed work and restoration plan shall be submitted to the Corporation of the Town of Kirkland Lake for consideration. The exploratory work and restoration plan shall include;
2. It is further ordered that in an effort to be as unobtrusive as possible, the applicant is instructed to conduct the staking by using commercial 4 inch by 4 inch timber as mining claim posts pursuant to Subsection 14 (3) of the Staking Regulations (O. Reg. 7/96), and stake out the unpatented mining claim by erecting the number 1 claim corner post on the claim boundary at or near the north east angle of L1535 and witness the number 2 comer post, the number 3 comer post and the number 4 corner post from that location pursuant to subsection 12 (3) of the Staking Regulations (O. Reg. 7/96).
3. It is further ordered that this Order applies to the mining rights under the property of each respondent, but, for those respondents who have not provided their consent, being parcel 13681 SEC CST, property identification number 0936, parcel 12706 SEC CST, property identification number, 0759, parcel 13060 SEC CST, property identification number, 0757, parcel 12680 SEC CST, property identification number 0344, parcel 13384 SEC CST, property identification number 0345, parcel 12670 SEC CST, property identification number 0349 and parcel 12663 SEC CST, property identification number 0350, no exploration work will be conducted upon or under their property without their prior written consent.
4. It is further ordered that no costs shall be payable by any party to this application.
This tribunal further directs the Provincial Mining Recorder, to vacate those lands covered by Withdrawal Order No. W-L-25/05, covering surface and mining rights situate in the Township of Teck, (G-3719) in the Larder Lake Mining Division, dated the 31st day of March, 2005, made pursuant to section 35 of the Mining Act and to open the area, as outlined in the attached Schedule "A", being the mining rights under Patented Mining Claims L-1535 and L-2728, respectively, for staking for the applicant, Mr. Eric Joseph Marion.
This tribunal further directs that pursuant to subsection 129(4) of the Mining Act, R.S.O. 1990, c. M.14, as amended, a copy of this Order shall be forwarded by the tribunal to the Provincial Mining Recorder who is hereby directed to amend the records in the Provincial Recording Office as necessary and in accordance with the aforementioned subsection 129(4).
Dated this 21st day of September, 2006.
Original signed by L. Kamerman
L. Kamerman
Mining and Lands Commissioner