Northwest Territories Mining Regulations (SOR/2014-68)

Marginal note:Condition on removal of minerals

• 77 (1) Subject to subsection (2), it is prohibited to remove minerals or processed minerals produced from a mine, other than for the purposes of assay and testing to determine the existence, location, extent, quality or economic potential of a mineral deposit in the lands constituting the mining property, until the weight and any other information necessary to establish the value of those minerals or processed minerals has been ascertained and entered in the books of account referred to in subsection 76(1).

• Marginal note:Condition on removal of precious stones

  (2) Precious stones must not be removed from a mine — other than in a bulk sample or in a concentrate for the purposes of establishing the grade and the value of the stones in a mineral deposit — or cut, polished, sold or transferred, until they have been valued by a mining royalty valuer.

• Marginal note:Facilities required for valuation

  (3) The operator of a mine must provide, in the Northwest Territories, any facilities and equipment, other than computer equipment, necessary for a mining royalty valuer to value any precious stones produced from the mine.

• Marginal note:Facilities considered part of mine

  (4) For the purposes of these Regulations, facilities referred to in subsection (3) are considered to be part of the mine and any transfer of the precious stones from one part of the mine to another is not considered to be a removal of the stones from the mine.

• Marginal note:Cleaning of precious stones

  (5) Precious stones must not be presented to the mining royalty valuer until the operator of the mine has cleaned the stones so as to remove all substances from the stones that are not part of them.

• Marginal note:Presentation of precious stones to royalty valuer

  (6) As soon as any precious stones have been processed into a saleable form, they must be presented to a mining royalty valuer for valuation.

• Marginal note:Separate valuation of precious stones

  (7) An operator who produces precious stones and sells or transfers them to persons who are related to the operator must present to a mining royalty valuer

  • (a) all stones that are to be sold or transferred to a person related to the operator, for separate valuation before their sale or transfer; and

  • (b) all stones that are to be cut or polished by the operator or any related party, for separate valuation before their being cut or polished.

• Marginal note:Presentation of diamonds to royalty valuer

  (8) For the purposes of subsections (6) and (7), unless otherwise agreed on by the operator and the mining royalty valuer, an operator must present to the mining royalty valuer

  • (a) diamonds with a weight of 10.8 carats or more, separately, together with the weight of each diamond;

  • (b) diamonds with a weight from 2.8 carats to 10.79 carats, in lots separated according to weight in carats, together with the number of diamonds per lot;

  • (c) diamonds with a weight from 0.66 carats to 2.79 carats, in lots separated according to weight in grainers, from which randomly selected samples, accurately representing the composition of each lot, have been separated; and

  • (d) diamonds with a weight of less than 0.66 carats, in lots separated according to industry standard DTC sieve sizes, from which randomly selected samples, accurately representing the composition of each lot, have been separated.

• Marginal note:Estimate of market value of diamonds

  (9) Before diamonds are presented to the mining royalty valuer under subsection (8), the operator must provide an estimate of the market value of each diamond or lot, as the case may be, to the Chief.

General Provisions

Marginal note:Recorded claim and lease subject to public works

78 Every recorded claim, whether leased or not, is subject to the right of the Crown and of the Commissioner of the Northwest Territories to construct and maintain roads or other public works on or over the lands covered by the claim.

Marginal note:Suspension — death or incompetency of claim holder

79 If the holder of a recorded claim for which no lease has been issued dies or is declared by a court of competent jurisdiction to be incapable of managing their affairs and notice of the death or declaration is filed with the Mining Recorder within 180 days after the date of the death or declaration, and if the recording of the claim was not cancelled before the filing of the notice, the running of a time period within which anything is required to be done by a claim holder with respect to that claim under these Regulations is suspended until the anniversary date of the recording of the claim that is at least 12 months after the day on which the notice was filed.

Marginal note:Extension on account of strike

80 If, as a result of a strike within the meaning of subsection 2(1) of the Federal Public Sector Labour Relations Act, a holder of a prospecting permit, recorded claim or lease is unable, through no fault on their part, to do a thing within the time required by these Regulations, the deadline for doing that thing is extended for a period ending 15 days after the last day of the strike.

Marginal note:When written notice is considered to be received

81 For the purposes of these Regulations, written notice is considered to be given to the holder of a prospecting permit, recorded claim or lease when the notice is sent by registered mail to the holder at the holder’s address, or transmitted by fax or email to the holder at the holder’s fax number or email address, as shown in the records of the Mining Recorder.

Marginal note:Recording of documents

• 82 (1) The Mining Recorder must record

  • (a) every judgment or order relating to the ownership of a recorded claim or a lease made by a court of competent jurisdiction, the Minister, the Supervising Mining Recorder or the Mining Recorder;

  • (b) in respect of the recorded claims and leases that constitute a mining property or an interest in that property, a notice of any mining royalties payable that have not been paid within 30 days after

    • (i) the delivery to the Chief of a mining royalty return in respect of that property or interest, or

    • (ii) when a notice of assessment or reassessment has been sent under subsection 75(1) or (2), the date of the notice of assessment or reassessment, unless a request for review of the assessment or reassessment has been made under section 84; and

  • (c) on the payment of the applicable fee set out in Schedule 1, every other document filed in relation to a recorded claim or a lease.

• Marginal note:Recording considered to give notice

  (2) All persons are considered to have received notice of every document recorded under subsection (1) as of the date of the recording of the document.

• Marginal note:Transfer subject to encumbrances

  (3) A transfer of a recorded claim or a lease, or any interest in either, is subject to all judgments, orders, liens and other encumbrances that were recorded against the claim or lease, or any interest in them, at the time of the recording of the transfer.

Marginal note:Consultation of records

• 83 (1) Subject to subsection (2), a person may

  • (a) consult the record of a prospecting permit, recorded claim or leased claim, and any related documents filed with the Mining Recorder, free of charge; and

  • (b) obtain a copy of a record on payment of the applicable fee set out in Schedule 1.

• Marginal note:Limit on consultation

  (2) A person is not permitted to consult or obtain a copy of a report submitted under subsection 15(1) or 41(1) until the earlier of

  • (a) the day of the expiration or cancellation of the prospecting permit or recording of the claim, and

  • (b) three years after the day on which the report was received by the Mining Recorder.

Review by the Minister

Marginal note:Request for ministerial review

• 84 (1) Any person with a legal or beneficial interest in the subject matter of a decision made or an action taken or omitted to be taken under these Regulations may request that the Minister review any issue the person has with respect to the decision, action or omission.

• Marginal note:Requirements for request

  (2) A request for review must be made in writing within 30 days after the day on which the decision is made or the action is taken or, in the case of an omission to take action, within 30 days after the day on which action should have been taken and must specify

  • (a) the name of the requester and their contact information;

  • (b) the issue the requester wishes the Minister to review;

  • (c) the date on which the decision, act or omission took place; and

  • (d) the corrective relief requested.

• Marginal note:Absence of or error in information

  (3) A review may be undertaken despite a failure to specify, or an error in specifying, any information required under subsection (2).

• Marginal note:Procedure for review

  (4) After receipt of a request for review, the Minister must

  • (a) provide the requester and all persons with an interest in the issue a reasonable opportunity to be heard;

  • (b) review all information received respecting the issue; and

  • (c) decide the corrective relief, if any, to be taken respecting the issue.

• Marginal note:Additional information

  (5) The Minister may request the requester or any other person to provide any document or other information that may be relevant to the review.

• Marginal note:Decision and reasons

  (6) A written statement of the Minister’s decision and the reasons for it must be sent to the requester and all persons with an interest in the issue.

• Marginal note:Final decision

  (7) The Minister’s decision under this section is not to be the subject of a request for review.

Marginal note:Prohibition respecting staking

85 If a request for review is with respect to the cancellation of the recording of a claim under subsection 53(3) or paragraph 53(4)(b) or the amendment of the boundaries of a claim under paragraph 53(4)(b), it is prohibited to stake a claim on the lands covered by the claim the recording of which was cancelled or the boundaries of which were amended. The prohibition is in effect from the start of the review until noon on the day following the first business day after the day on which the Minister’s decision was sent in accordance with subsection 84(6).

Transitional Provisions

Marginal note:Definition of former Regulations

86 In sections 87 to 93, former Regulations means the Northwest Territories and Nunavut Mining Regulations.

Marginal note:Recording of located claim

• 87 (1) If, within 59 days before these Regulations come into force, a claim is located in accordance with subsection 14(14) of the former Regulations, an application to record the claim that is made after these Regulations come into force may be made under section 24 of the former Regulations or under section 33 of these Regulations.

• Marginal note:Located claim considered as staked claim

  (2) For greater certainty, a claim that is located under the former Regulations is considered to be a claim that was staked under these Regulations.

Marginal note:Certificates of extension

88 A certificate of extension given under section 44 of the former Regulations is not counted as a certificate of extension under subsection 42(2) of these Regulations.

Marginal note:Report on work — former Regulations

89 A report prepared in accordance with the former Regulations respecting representation work that was done before the coming into force of these Regulations is considered to be in accordance with these Regulations if it is submitted within two years after the coming into force of these Regulations.

Marginal note:Deduction from lease payment

90 Subsection 60(2) of the former Regulations applies for one year after these Regulations come into force.

Marginal note:Application for common anniversary date

91 If an application for a certificate under subsection 39(1) of the former Regulations — giving a common anniversary date of recording for claims — was received by the Mining Recorder before the coming into force of these Regulations but was not dealt with before that time, it must be dealt with in accordance with the former Regulations.

Marginal note:Honorary licence

92 A person who, when these Regulations come into force, holds an honorary licence under section 77 of the former Regulations is entitled to renew the honorary licence each year in accordance with that section.

Marginal note:Applications for leases and renewals

• 93 (1) If an application for a lease or a request for a renewal of a lease is received before, or within six months after, the day on which these Regulations come into force, the application or request must be dealt with in accordance with the former Regulations.

• Marginal note:Continuation of lease

  (2) In the case of a request for renewal under subsection (1), if the request has not been dealt with before the lease is due to expire, the lease is considered to continue in effect until the request has been dealt with.

• Marginal note:Timing of application for lease

  (3) If the duration of a recorded claim ends within one year after the day on which these Regulations come into force, paragraph 60(2)(b) is to be read without reference to the words “at least one year”.

Repeal

94 [Repeal]

Coming into Force

Marginal note:March 31, 2014

95 These Regulations come into force on March 31, 2014.