1. [Repealed, SOR/2007-273, s. 2]

• 2. (1) In these Regulations,

  “Act”

  “Act” means the Territorial Lands Act; (Loi)

  “adjacent claims”

  “adjacent claims” means claims that are contiguous or are intended by the locator to be contiguous; (claims adjacents)

  “assay”

  “assay”[Repealed, SOR/79-234, s. 1]

  “authorized officer”

  “authorized officer” means any person authorized by the Minister to perform any function related to the administration and enforcement of these Regulations; (agent autorisé)

  “Chief”

  “Chief” means the Chief of Financial Analysis and Royalties Administration of the Mineral Resources Directorate of the Natural Resources and Environment Branch of the Department of Indian Affairs and Northern Development; (chef)

  “claim”

  “claim” means a plot of land located or acquired in the manner prescribed by these Regulations; (claim)

  “claim inspector”

  “claim inspector” means a person designated as a claim inspector pursuant to section 4; (inspecteur de claim)

  “co-holder”

  “co-holder” means a person in whose name a claim is recorded under these Regulations either jointly or in common with another person; (co-détenteur)

  “Department”

  “Department” means the Department of Indian Affairs and Northern Development; (ministère)

  “depreciable assets”

  “depreciable assets” means buildings, plant, machinery and equipment; (actif amortissable)

  “Deputy Mining Recorder”

  “Deputy Mining Recorder” means a person designated as a Deputy Mining Recorder pursuant to section 4; (registraire minier adjoint)

  “engineer of mines”

  “engineer of mines” means a person designated as an engineer of mines pursuant to section 4; (ingénieur des mines)

  “exploration cost”

  “exploration cost” means an expense incurred for the purpose of determining the existence, location, extent, quality or economic potential of a mineral deposit in the Territories, but does not include an expense incurred for the purpose of bringing a mine into production; (frais d’exploration)

  “exploratory work”

  “exploratory work” means any work done for the purpose of determining the economic potential of a permit area; (travaux d’exploration)

  “fiscal year”

  “fiscal year”, in respect of a mine, means the fiscal period of the mine’s operator as defined in section 249.1 of the Income Tax Act; (exercice)

  “identification tag”

  “identification tag” means a tag used to mark a corner of a claim and made of a substance and of a size approved by the Minister and issued as one of a set of four by the Mining Recorder; (plaque d’identification)

  “lease”

  “lease” means a lease of a recorded claim granted to the holder of the claim pursuant to section 58; (bail)

  “legal post”

  “legal post” means a post, tree, mound of earth or stone used for making a claim in accordance with section 14; (borne légale)

  “lessee”

  “lessee”[Repealed, SOR/2007-273, s. 4]

  “licence”

  “licence” means a licence to prospect issued under section 8; (licence)

  “licensee”

  “licensee” means a person who holds a licence; (titulaire de licence)

  “locate”

  “locate” means to mark out a claim in accordance with these Regulations; (localiser)

  “locator”

  “locator” means a licensee who locates a claim or for whom a claim is located; (localisateur)

  “mine”

  “mine” means a work or undertaking that produces or has produced minerals or processed minerals from the lands referred to in section 3, and includes the depreciable assets that are located in the Territories, below or above ground and used in connection with the work or undertaking; (mine)

  “mineral”

  “mineral” means any naturally occurring inorganic substance found on or under any surface of land, but does not include native sulphur, construction stone, carving stone, limestone, soapstone, marble, gypsum, shale, clay, sand, gravel, volcanic ash, diatomaceous earth, ochre, granite, slate, marl, loam, earth, flint, sodium chloride or soil; (minéral)

  “mineral claim staking sheet”

  “mineral claim staking sheet” means

  • (a) a map of an area bounded on the north and south by 15-minute intervals of latitude and on the east and west by 30-minute intervals of longitude south of 68 degrees north latitude, or

  • (b) a map of an area bounded on the north and south by 15-minute intervals of latitude and on the east and west by one degree intervals of longitude north of 68 degrees north latitude; (feuille de jalonnement d’un claim minier)

  “mining district”

  “mining district” means an area established as a mining district pursuant to paragraph 23(g) of the Act; (district minier)

  “mining property”

  “mining property” means

  • (a) a recorded claim, or a recorded claim that is subject to a lease, within the boundaries of which a mine or part of a mine is situated, or

  • (b) a group of contiguous recorded claims, whether or not subject to a lease, within the boundaries of which a mine or part of a mine is situated,

    • (i) that are the property of the same owner, or

    • (ii) if the mine is operated as a joint venture, that are owned exclusively by the members of the joint venture or parties related to the members of the joint venture, regardless of the degree of ownership of each claim or lease; (propriété minière)

  “mining reclamation trust”

  “mining reclamation trust” means a trust that is established for a mine and

  • (a) is created for the purposes of subsection 17(1) of the Northwest Territories Waters Act or subsection 76(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act, or

  • (b) is created as a condition of

    • (i) a lease issued under the Territorial Lands Regulations,

    • (ii) a contract with the Minister relating to the reclamation or environmental management of a mining property, or

    • (iii) a permit issued under Part 3 or 4 of the Mackenzie Valley Resource Management Act or under the Territorial Land Use Regulations; (fiducie de restauration minière)

  “Mining Recorder”

  “Mining Recorder” means a person designated as a mining recorder pursuant to section 4; (registraire minier)

  “mining royalty valuer”

  “mining royalty valuer” means a person acting on the Minister’s behalf for the purpose of ascertaining the value of minerals or processed minerals produced from a mine; (évaluateur des redevances minières)

  “Minister”

  “Minister” means the Minister of Indian Affairs and Northern Development; (ministre)

  “owner”

  “owner”, in respect of a recorded claim, lease, mine or mining property, means any person with a legal or beneficial interest in the recorded claim, lease, mine or mining property; (propriétaire)

  “permit”

  “permit” means a permit to prospect issued under section 29; (permis)

  “permittee”

  “permittee” means a person who holds a permit; (titulaire de permis)

  “precious stone”

  “precious stone” means a diamond, a sapphire, an emerald or a ruby; (pierre précieuse)

  “processing”

  “processing” means crushing, grinding, floatation, beneficiation, concentrating, milling, roasting, smelting, leaching, recrystallization or refining performed on minerals, and if the output of a mine is precious stones, cleaning and sorting that output; (traitement)

  “processing assets”

  “processing assets” means tailings disposal facilities and depreciable assets located in the Territories that are used directly and exclusively in processing; (biens utilisés pour le traitement)

  “qualifying environmental trust”

  “qualifying environmental trust”[Repealed, SOR/2007-273, s. 4]

  “recorded claim”

  “recorded claim” means a claim recorded with the Mining Recorder in the manner prescribed by these Regulations; (claim enregistré)

  “reduced area tag”

  “reduced area tag” means a tag used to mark a corner of a claim, the area of which has been reduced in accordance with section 43, and made of a substance and of a size approved by the Minister and issued as one of a set of four by the Mining Recorder; (plaque de superficie réduite)

  “related”

  “related”, in respect of two or more persons, means that the persons are

  • (a) related persons within the meaning of section 251 of the Income Tax Act, read without reference to paragraph 251(5)(b),

  • (b) associated corporations within the meaning of section 256 of that Act, read without reference to subsection 256(1.4),

  • (c) affiliated persons within the meaning of section 251.1 of that Act, or

  • (d) other than for the purpose of subsection 67.1(1), owners or operators of the same mine; (liées)

  “representation work”

  “representation work” means work of a kind described in subsection 38(1); (travaux obligatoires)

  “Supervising Mining Recorder”

  “Supervising Mining Recorder” means the person designated as Supervising Mining Recorder pursuant to section 4; (registraire minier en chef)

  “surface holder”

  “surface holder” means the lessee or registered holder of the surface rights to the land on which a mineral claim is or is proposed to be recorded; (détenteur des droits de surface)

  “Surveyor”

  “Surveyor” has the same meaning as “Canada Lands Surveyor” in the Canada Lands Surveys Act; (arpenteur)

  “Surveyor General”

  “Surveyor General” has the same meaning as in the Canada Lands Surveys Act; (arpenteur général)

  “Territories”

  “Territories” means the Northwest Territories and Nunavut; (territoires)

  “undeducted balance”

  “undeducted balance” means

  • (a) in respect of a depreciation allowance, the original cost of the depreciable assets in respect of which the depreciation allowance is claimed, less any depreciation allowances previously claimed in respect of those assets,

  • (b) in respect of a development allowance, the unamortized balance of costs eligible for a development allowance under paragraph 65.1(1)(h), and

  • (c) in respect of a mining reclamation trust contribution allowance, the total of all contributions made to the mining reclamation trust, less any deductions previously claimed; (fraction non amortie)

  “year”

  “year”, for the purpose of representation work, means the period between the date of the recording of a claim and the anniversary date next following, and then from year to year. (année)

• (2) For the purposes of these Regulations, a person who is related to another person is considered to be also related to any person to whom the other person is related.