Nunavut Mining Regulations (SOR/2014-69)

Marginal note:Cancellation of recording

50 The recording of a claim is cancelled on

• (a) the day after the last day on which a report must be submitted under section 41 or subsection 97(1), if a report in respect of the claim has not been submitted before that day in accordance with section 42 and

  • (i) a certificate of extension has not been issued in respect of the claim under paragraph 49.2(1)(b), or

  • (ii) a suspension in respect of the claim has not been recorded under section 51,

• (b) subject to section 84, the day that is 121 days after the day on which a certificate of work setting out that the allocated cost of work is less than the amount required by subsection 39(1) has been issued in respect of the claim unless a certificate of extension has been issued to the claim holder under paragraph 49.2(1)(a), and

• (c) if five certificates of extension have already been issued in respect of the claim under section 49.2, the day on which any subsequent certificate of work setting out that the allocated cost of work is less than the amount required by subsection 39(1) is issued.

Suspension

Marginal note:Application for suspension

• 51 (1) If a holder of a recorded claim is unable to do the work as required under subsection 39(1) because the claim holder is, for reasons beyond the claim holder’s control, waiting for a public authority to give an authorization or decision without which the work cannot proceed, the claim holder may make an application for a suspension of one year with respect to the claim — beginning on the anniversary date of the recording of the claim — of the work requirements set out in subsection 39(1) and the charges under subsection 40(1).

• Marginal note:Time limit for application

  (2) The application must be made to the Supervising Mining Recorder not later than 120 days after the end of the year for which the suspension is applied for and must be accompanied by documents showing that the claim holder is waiting for the authorization or decision.

• Marginal note:Companies’ Creditors Arrangement Act

  (3) If an order under section 11.02 of the Companies’ Creditors Arrangement Act has been made with respect to a claim holder, the holder of a recorded claim may make an application for a suspension, with respect to that claim, of the work requirements set out in subsection 39(1) and the charges under subsection 40(1) until the first anniversary date of the recording of the claim that is at least 12 months after the day on which the order has ceased to have effect.

• Marginal note:Time limit for application

  (4) The application must be made to the Supervising Mining Recorder not later than 120 days after the day on which the order was made and must be accompanied by a copy of the order.

• Marginal note:Recording of suspension

  (5) If the requirements set out in subsections (1) and (2) or (3) and (4) are met, the Supervising Mining Recorder must record the suspension.

• Marginal note:Effect of suspension

  (6) When a suspension of the work requirements set out in subsection 39(1) and the charges under subsection 40(1) is recorded,

  • (a) the duration of the claim is extended by the duration of the suspension; and

  • (b) for the purpose of determining a year referred to in subsections 39(1) and 40(1), any year included in a suspension is to be excluded.

Reduction of Area of a Recorded Claim

Marginal note:Application

• 52 (1) The holder of a recorded claim (in this section referred to as the “original claim”) may make an application to the Mining Recorder to reduce the number of units included in the claim if

  • (a) a certificate of work in respect of the claim sets out a cost of work of at least $135 per unit;

  • (b) each unit included in the reduced-area claim is contiguous to another unit in that claim; and

  • (c) the units included in the reduced-area claim do not enclose a unit that is not included in that claim.

• Marginal note:One application per year

  (2) Not more than one application for a reduced-area claim may be made per year beginning on the date of the recording of the original claim.

• Marginal note:Recording of reduced-area claim

  (3) The Mining Recorder must record the reduced-area claim if the conditions set out in subsections (1) and (2) are met.

• Marginal note:Effect of recording

  (4) When a reduced-area claim is recorded,

  • (a) the recording date of the original claim is considered to be its recording date;

  • (b) the information recorded, including the applications and the documents filed with respect to the original claim, is considered to have been recorded or presented with respect to the reduced-area claim; and

  • (c) the recording of the original claim is cancelled.

• Marginal note:Opening of lands for prospecting

  (5) Subject to subsection (6) and section 14, the lands in the original claim that are not within the reduced-area claim are open for prospecting, and the units containing those lands are available for recording as a claim, beginning on the 31st day after the day on which the recording of the original claim is cancelled.

• Marginal note:Delay in opening lands — environmental damage

  (6) If the Minister has reasonable grounds to believe that there is unremedied environmental damage to the lands referred to in subsection (5), the Minister may delay opening the lands for prospecting and making available the units containing those lands for recording as a claim.

• Marginal note:Prohibition

  (7) For one year after the recording of the original claim is cancelled under paragraph (4)(c), the former claim holder and any person related to the former claim holder are not permitted to apply to record a claim that includes any unit that was included in the original claim but does not form part of the reduced-area claim or to acquire a legal or beneficial interest in respect of that claim.

• Marginal note:Reduction — subsections 39(1) and 40(1)

  (8) For the application of subsections 39(1) and 40(1), the number of units included in the claim is considered to be reduced on the first anniversary date of the recording of the claim following the reduction.

Cancellation of Recording of Claims

Marginal note:Unauthorized activities

• 53 (1) If the Mining Recorder has information that either of the following circumstances apply in respect of a recorded claim, the Mining Recorder must immediately send the claim holder a notice that the recording of the claim will be cancelled unless, within 120 days after the day on which the notice is sent, the holder can show that the information is not correct:

  • (a) the claim holder or the person authorized to act on their behalf was not authorized under these Regulations to acquire the claim or an interest in it, or

  • (b) the claim holder has contravened subsection 7(2).

• Marginal note:Notice to claim holder

  (2) The notice must set out the reason for the impending cancellation and a summary of the evidence to support the cancellation.

• Marginal note:Cancellation of recording

  (3) If the claim holder does not show the Mining Recorder that the information is not correct within 120 days after the day on which the notice is sent, the recording of the claim is cancelled.

• (4) [Repealed, SOR/2020-209, s. 9]

Marginal note:Land or unit incorrectly included in recorded claim

• 53.1 (1) The Mining Recorder must cancel the recording of a claim in respect of which it is determined, on the recording date of the claim, that any land or unit was erroneously included in that claim (in this section referred to as the “original claim”).

• Marginal note:Recording of corrected claim

  (2) On the day on which the recording of the original claim is cancelled, the Mining Recorder must

  • (a) record a corrected claim without including the land or unit referred to in subsection (1) if it is possible to exclude that land or unit from the claim and to amend the boundaries of the claim; and

  • (b) notify the claim holder of the cancellation of the recording of the original claim and of the recording of any corrected claim.

• Marginal note:Effect of recording

  (3) When a corrected claim is recorded, the information recorded, including the applications and documents filed with respect to the original claim, is considered to have been recorded or presented with respect to the corrected claim.

Marginal note:Cancellation of recording

54 The recording of a claim is cancelled if the claim holder makes an application to the Mining Recorder to cancel it. The cancellation takes effect on the day on which the application is received by the Mining Recorder or, if a later day is set out in the application, on that day.

Marginal note:No application for lease or termination of lease

55 The recording of a claim is cancelled

• (a) at the end of the 29-year period that begins on its recording date, plus any extensions referred to in paragraphs 51(6)(a) and 67(4)(c), if no application for a lease has been received by the Mining Recorder before the end of that period;

• (b) at the end of the 30-year period that begins on its recording date, plus any extensions referred to in paragraphs 51(6)(a) and 67(4)(c), if an application for a lease has been received by the Mining Recorder and no lease has been issued on the claim under subsection 60(3) before the end of that period; or

• (c) on the day on which a lease on the claim has terminated without being renewed under subsection 62(2) or has been cancelled under subsection 63(2) or section 64.

Marginal note:Opening of lands for prospecting

• 56 (1) Subject to subsection (2) and sections 14 and 85, the lands that were covered by a claim the recording of which has been cancelled under section 50, subsection 53(3) or section 54 or 55 are open for prospecting, and the units containing those lands are available for recording as a claim, beginning on the 31st day after the day on which the recording of the claim is cancelled.

• Marginal note:Delay in opening lands — environmental damage

  (2) If the Minister has reasonable grounds to believe that there is unremedied environmental damage to the lands that were covered by a claim the recording of which has been cancelled under a provision set out in subsection (1), the Minister may delay opening the lands for prospecting and making available the units containing those lands for recording as a claim.

• Marginal note:Prohibition

  (3) For one year after the recording of the claim is cancelled under a provision set out in subsection (1), the former holder of the claim or leased claim and any person related to them are not permitted to make an application to record a claim that includes any unit that was included in the claim the recording of which has been cancelled or to acquire a legal or beneficial interest in respect of that claim.

Lease of a Recorded Claim

Plan of Survey

Marginal note:Survey required for lease

• 57 (1) A holder of a recorded claim who wants to obtain a lease of the recorded claim must

  • (a) obtain a plan of survey of the claim made under section 31 of the Canada Lands Surveys Act;

  • (b) send a copy of the plan of survey and a notice in the prescribed form, by registered mail or courier, to the holders of

    • (i) all contiguous recorded claims and leased claims at their addresses provided to the Mining Recorder, and

    • (ii) the surface rights if the surveyed claim is located, partly or totally, on their lands or contiguous to those lands; and

  • (c) send to the Mining Recorder a copy of the plan of survey, the notice and evidence that the holders referred to in paragraph (b) have received those documents.

• Marginal note:Posting of notice

  (2) On receipt of the documents referred to in paragraph (1)(c), the Mining Recorder must post the notice on the online mining rights administration system for a period of 21 days.

Marginal note:Recording of plan of survey

58 The Mining Recorder must record the plan of survey if

• (a) 30 days have elapsed after the end of the period for the posting of a notice under subsection 57(2) and the Mining Recorder has not received any protest with respect to the survey;

• (b) the applicable fee set out in Schedule 1 has been paid; and

• (c) the requirements set out in section 57 have been met.

59 [Repealed, SOR/2020-209, s. 14]

Requirements Respecting Leases

Marginal note:Application for lease

• 60 (1) A holder of a recorded claim who wants to obtain a lease of the claim must make an application to the Mining Recorder.

• Marginal note:Making application

  (2) The application must be made at least one year before the end of the duration of the recorded claim referred to in section 15 and must be accompanied by the applicable fee set out in Schedule 1.

• Marginal note:Issuance of lease

  (3) If the following requirements are met, the Minister must issue the lease to the claim holder for a term of 21 years:

  • (a) before the day on which the application to obtain the lease is made, a certificate of work has been issued in respect of the claim that allocates to the claim a cost of work of at least $1,260 per unit, of which the total of the costs of the plan of survey, of the construction of any roads, airstrips and docks and of environmental baseline studies does not exceed $250 per unit; and

  • (b) before the end of the duration of the recorded claim,

    • (i) a plan of survey of the claim has been recorded under section 58, and

    • (ii) the rent for the first year of the lease has been paid to the Mining Recorder.

• Marginal note:Work requirements and charges not applicable

  (4) In respect of any year for which the recorded claim is leased, the work requirements set out in subsection 39(1) and the charges referred to in subsection 40(1) do not apply.