Nunavut Mining Regulations

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.