826_74 — Surrender of Interests in Mineral Land Regulations

s. 1 — Surrender of mineral land not in production area

Mineral land which is not situated within a production area may be surrendered at any time by the owner thereof pursuant to these regulations.

s. 2 — Surrender of mineral land within production area

With the approval of the administrator, designated mineral land situated within a production area may be surrendered by the owner thereof pursuant to these regulations.

s. 3 — Quit claim deed or other instrument

s. 3(1)

Any surrender made pursuant to these regulations may be effected by a quit claim deed or other instrument sufficient to vest title to the interest being surrendered in the Crown in right of the Province free and clear of all encumbrances.

s. 3(2)

Notwithstanding subsection (1), where an owner of mineral land wishes to surrender mineral land which is not free and clear of all encumbrances, the owner may apply to the administrator for the administrator's approval to the surrender and the administrator, if the administrator deems the surrender appropriate, may approve the form of the quit claim deed or other instrument produced.

s. 4 — Registration in land title office

An owner, after obtaining approval of the administrator where required, shall register the owner's quit claim deed or other instrument evidencing the surrender in the appropriate land title office, and shall forward to the administrator a copy of the instrument duly numbered by the registrar.

s. 5 — Jointly held mineral land

Notwithstanding anything contained in these regulations, where mineral land is held by more than one owner, in the absence of the consent of the administrator, all owners must surrender their interest in the mineral land.

s. 6 — No fee payable

No fee in respect of a surrender shall be payable under the Land Title Act.