Northwest Territories Mining Regulations (SOR/2014-68)

Marginal note:Request for deferral of charge and extension of permit

• 16 (1) If a permittee is unable to do work with respect to a prospecting permit zone because the permittee is, for reasons beyond the permittee’s control, waiting for a public authority to give an authorization or decision without which the work cannot proceed, the permittee may request an extension of one year for the payment of the charge under section 14 and the duration of the permit.

• Marginal note:Requirements respecting request

  (2) The request must be made in writing to the Supervising Mining Recorder before the next charge under section 14 is payable and must be accompanied by documents showing that the permittee is waiting for the authorization or decision.

• Marginal note:Recording of extension

  (3) If the requirements of subsection (2) have been met, the Supervising Mining Recorder must record the extension.

Marginal note:Grouping of prospecting permits

• 17 (1) Prospecting permits may be grouped for the purpose of allocating the cost of work done with respect to them if

  • (a) there are no more than four permits in the group; and

  • (b) the zones of the grouped permits are wholly or partly within a circle having a radius of 32 kilometres.

• Marginal note:Requirements respecting request

  (2) A request to group prospecting permits must be submitted in writing to the Mining Recorder. It must be signed by each of the permittees and be accompanied by the applicable fee set out in Schedule 1.

• Marginal note:Grouping certificate

  (3) If the requirements of subsections (1) and (2) are met, the Mining Recorder must issue a grouping certificate to each of the permittees.

• Marginal note:Duration of grouping certificate

  (4) A grouping certificate takes effect on the day on which the fee is submitted under subsection (2) and ceases to have effect on the earlier of

  • (a) the 120th day after the day that any permit in the group expires or is cancelled, and

  • (b) the day on which a new grouping certificate in respect of any permit in the group takes effect.

• Marginal note:Allocation of cost of work within group

  (5) On request by any of the permittees referred to in a grouping certificate, the Mining Recorder must allocate, in accordance with the request, the cost of work that has been justified in a report in respect of any of the prospecting permits referred to in the grouping certificate to those permits.

• Marginal note:Limit on reallocation

  (6) The cost of work allocated under subsection (5) must not be reallocated to any prospecting permit referred to in another grouping certificate.

• Marginal note:Allocation not permitted

  (7) The cost of work set out in a confirmation under subsection 15(11) with respect to a prospecting permit that was not, when the confirmation was provided, referred to in a grouping certificate must not be allocated to any other prospecting permit.

Marginal note:Application to record claim in prospecting permit zone

• 18 (1) A permittee may apply to record a claim wholly or partially within the permittee’s prospecting permit zone only if a confirmation under subsection 15(11) respecting that zone has been provided setting out a cost of work equal to or greater than the number of hectares in the permit zone multiplied by $0.25.

• Marginal note:Exclusion of claim from permit zone

  (2) When a claim referred to in subsection (1) has been recorded, the area covered by the claim no longer forms part of the permit zone.

• Marginal note:Excess cost of work transferrable to claim

  (3) If the cost of work that has been justified in a report with respect to a prospecting permit exceeds the charges remitted under subsection 19(2), the permittee may request the Mining Recorder to allocate the excess cost of work to work required under subsection 39(1) on a claim referred to in subsection (1). The request must be in the prescribed form and be accompanied by the fee for a certificate of work set out in Schedule 1.

Marginal note:Remission of charge

• 19 (1) If a confirmation in respect of a prospecting permit is provided under subsection 15(11), the portion of the charges paid or payable under section 14 that does not exceed the cost of work set out in the confirmation is remitted.

• Marginal note:To whom remission is payable

  (2) Any charge referred to under section 14 that has been paid to the Mining Recorder and that is remitted under this section must be repaid by the Minister to the person entitled to it.

Marginal note:Cancellation of permit on request

20 A permittee may submit to the Mining Recorder a written request for cancellation of their prospecting permit. The cancellation takes effect at the end of January after it is requested.

Marginal note:Cancellation of permit for non-payment

21 If any charge payable under section 14 is not paid when due, the prospecting permit is cancelled.

Marginal note:Effect of expiration or cancellation of permit

• 22 (1) The lands that were covered by a prospecting permit that has expired or has been cancelled are open for prospecting and staking at noon on the day following the first business day after the day on which the permit expired or was cancelled.

• Marginal note:Temporary prohibition relating to former permittee

  (2) For one year after a prospecting permit expires or is cancelled, the former permittee and any person related to the former permittee are not permitted to

  • (a) apply for a prospecting permit for a zone, or apply to record a claim, that covers any part of the area that was covered by the expired or cancelled permit; or

  • (b) acquire a legal or beneficial interest in a prospecting permit or claim referred to in paragraph (a).

Claims

Size, Boundaries and Marking of a Claim

Marginal note:Area of claim — excluded lands

• 23 (1) The area of a claim must not exceed 1250 hectares and must not include any lands referred to in section 5.

• Marginal note:Shape and boundaries of claim

  (2) Every claim must, as nearly as possible, meet all of the following specifications:

  • (a) it is rectangular in shape;

  • (b) its boundaries run north, south, east and west astronomically;

  • (c) the length of each boundary is 500 metres or a multiple of 500 metres;

  • (d) the length of the longest boundary is not more than five times the length of the shortest.

Marginal note:Identification tags

• 24 (1) On payment of the applicable fee set out in Schedule 1, the Mining Recorder must issue a set of four identification tags, with the following inscriptions, for use in identifying the corners of a claim — “NE 1” for the northeast corner, “SE 2” for the southeast corner, “SW 3” for the southwest corner and “NW 4” for the northwest corner.

• Marginal note:Reduced-area tags

  (2) On payment of the applicable fee set out in Schedule 1, the Mining Recorder must issue a set of four reduced-area tags for use in marking the corners of a reduced-area claim referred to in section 52.

• Marginal note:Identification number

  (3) Each identification tag in a set must contain a unique identification number for the set.

Marginal note:Marking of boundaries

• 25 (1) The boundaries and corners of a claim must be marked by legal posts in accordance with sections 26 to 30.

• Marginal note:Marking in treed area

  (2) In a treed area, the boundaries of a claim must be marked along as much of the length as it is possible to mark by cutting underbrush and flagging or blazing trees.

Legal Posts

Marginal note:Requirements for legal post

• 26 (1) A legal post must be one of the following:

  • (a) in a treed area,

    • (i) a post of sound wood planted firmly in an upright position and standing not less than one metre above the ground, with at least the upper 30 centimetres squared off so that each face of the squared portion is not less than four centimetres in width, or

    • (ii) a tree found in position and cut off not less than one metre above the ground, with at least the upper 30 centimetres squared off so that each face of the squared portion is not less than four centimetres in width;

  • (b) in a treeless area, a post described in subparagraph (a)(i) or a mound of stones that is not less than one metre in diameter at the base and not less than 50 centimetres in height.

• Marginal note:Requirements when mounds of stones are used

  (2) If a legal post is a mound of stones, then

  • (a) a reference to a tag being secured to that post is to be read as a reference to a tag being inserted in a shatterproof and waterproof container secured in the apex of the mound; and

  • (b) a reference to information being inscribed on that post is to be read as a reference to information being clearly and indelibly written on paper or inscribed on durable material and inserted in a shatterproof and waterproof container secured in the apex of the mound.

Marginal note:Boundary post

• 27 (1) Subject to subsection (2), boundary posts must be erected at intervals of not more than 500 metres along the boundaries of a claim.

• Marginal note:Obstructions in boundary line

  (2) If, because of the presence of a body of water or other natural obstruction or lands on which entry for staking has not been authorized by the holder of the surface rights, it is not practicable to erect a boundary post on the boundary line of the claim, a boundary post must be erected on the boundary line on each side of the body of water or natural obstruction or lands.

• Marginal note:Common boundary post

  (3) When two or more claims are staked at the same time by or on behalf of the same licensee and have a common boundary, a single boundary post may be erected to mark any common interval along the boundary.

• Marginal note:Numbering of boundary posts

  (4) Boundary posts must be numbered consecutively in a clockwise direction, commencing at “1” after the northeast corner post, and recommencing at “1” after each subsequent corner post.

• Marginal note:Information on boundary posts

  (5) The name of the claim, the number referred to in subsection (4) and the following information must be inscribed on each boundary post:

  • (a) on the northern boundary, the letters “NBP” or “BLN”;

  • (b) on the eastern boundary, the letters “EBP” or “BLE”;

  • (c) on the southern boundary, the letters “SBP” or “BLS”; and

  • (d) on the western boundary, the letters “WBP” or “BLO”.

Marginal note:Corner post

• 28 (1) Subject to section 29, corner posts must be erected at the four corners of a claim, and an identification tag marked with the required inscription must be secured to each corner post.

• Marginal note:Common corner post

  (2) When two or more claims are staked at the same time by or on behalf of the same licensee and have a common corner, a single corner post may be used to mark the common corner. The identification tag for each claim, marked with the required inscription, must be secured to the common corner post.

• Marginal note:Information on corner posts

  (3) The following information is to be clearly and indelibly inscribed on the identification tag of each corner post or, if there is insufficient room on the tag, on the post itself:

  • (a) the name of the licensee for whom the claim is staked;

  • (b) the name of the person who erected that post, if that person is not the licensee;

  • (c) the name of the claim; and

  • (d) the date and time that the post was erected.

Marginal note:Witness post

• 29 (1) If, because of the presence of a body of water or other natural obstruction or lands on which entry for staking has not been authorized by the holder of the surface rights, it is not practicable to erect a corner post, a witness post must be erected at one of the following locations:

  • (a) on a boundary or an extension of a boundary of the claim and as near as practicable to the corner;

  • (b) if it is not practicable to erect it at a location specified in paragraph (a), at a location as near as practicable to the corner.

• Marginal note:Corner post tag on witness post

  (2) The identification tag for the corner post must be attached to the witness post.

• Marginal note:Additional information on witness post

  (3) In addition to the information referred to in subsection 28(3), the following information must be inscribed on the identification tag after the letters “WP”: the compass bearing and distance in metres, measured in a straight line, from the witness post to the location where the corner post would have been erected had it been practicable to do so.