Northwest Territories Mining Regulations (SOR/2014-68)

Regulations are current to 2017-09-27 and last amended on 2017-06-19. Previous Versions

Marginal note:Request for cancellation of recording

 The holder of a recorded claim may request the cancellation of the recording of the claim by submitting to the Mining Recorder a written request for cancellation accompanied by the applicable fee set out in Schedule 1.

Marginal note:Date of cancellation
  •  (1) The recording of a claim is cancelled on the day that

    • (a) the Mining Recorder receives the request for its cancellation and payment of the fee under section 54;

    • (b) the time specified in paragraph 60(2)(b) has ended and no application for a lease on the claim has been received; or

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

  • Marginal note:Prohibition

    (2) For one year after the recording of a claim is cancelled, the former claim holder and any person related to the former claim holder 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 claim the recording of which has been cancelled; or

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

Marginal note:Reopening of lands
  •  (1) The lands that were covered by a claim the recording of which has been cancelled under subsection 50(2), section 55 or subsection 62(3) are open for prospecting and staking at noon on the day following the first business day after the day on which the recording of the claim was cancelled.

  • Marginal note:Reopening of lands — 30-day delay

    (2) Subject to section 84, the lands that were covered by a claim the recording of which has been cancelled under subsection 49(3) or 53(3) or paragraph 53(4)(b) are open for prospecting and staking at noon on the day that is 30 days after the day on which the recording of the claim was cancelled.

  • Marginal note:Delay in reopening lands

    (3) 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) or (2), or the lands referred to in subsection 52(5), the Minister may delay the opening of the lands for prospecting and staking.

Lease of a Recorded Claim

Plan of Survey

Marginal note:Survey required for lease
  •  (1) A holder of a recorded claim who wants to obtain a lease of a recorded claim must

    • (a) obtain a plan of survey of the claim prepared in accordance with the Canada Lands Surveys Act;

    • (b) provide a report of any overlap with a boundary of any other claim;

    • (c) send a copy of the plan of survey, the report and a notice in the prescribed form, by registered mail or courier, to the holders of adjacent recorded claims and leased claims at their addresses on record with the Mining Recorder; and

    • (d) send to the Mining Recorder a copy of the plan of survey, the report, the notice and evidence that the holders of the adjacent claims have received copies of those documents.

  • Marginal note:Perimeter survey

    (2) If two or more contiguous recorded claims are to be included in one lease and their aggregate area, as stated in the applications to record them, does not exceed 1250 hectares, one plan of survey may be prepared that shows only the perimeter of the collection of contiguous claims.

  • Marginal note:Posting of notice

    (3) On receipt of the documents referred to in paragraph (1)(d), the Mining Recorder must post a copy of the notice in the office of the Mining Recorder for a period of 21 days.

Marginal note:Extra charge for additional area — one claim
  •  (1) If the surveyed area of one claim exceeds the area stated in the application to record that claim, the claim holder must pay to the Mining Recorder the charge determined by the formula

    A × C × D

    where

    A
    is the excess area in hectares of the claim;
    C
    is $5; and
    D
    is the number of years from the date of recording of the claim.
  • Marginal note:Extra charge for additional area — collection of claims

    (2) If the surveyed area of contiguous recorded claims that are shown in a plan of survey of their perimeter prepared in accordance with subsection 57(2) exceeds their aggregate area as stated in the applications to record those claims, the claim holder must pay to the Mining Recorder for each claim the charge determined by the formula

    (A / B) × C × D

    where

    A
    is the total excess area in hectares of all of the claims;
    B
    is the number of claims in the survey;
    C
    is $5; and
    D
    is the number of years from the recording date of the claim.
  • Marginal note:Remission

    (3) Remission is granted of the portion of the charge paid or payable under subsection (1) or (2), as the case may be, that does not exceed the cost of work set out in certificates of work issued with respect to the claim or contiguous claims and that has not been remitted under these Regulations.

Marginal note:Recording of plan of survey

 The Mining Recorder must record the plan of survey if

  • (a) 30 days have elapsed after the end of the period for posting of a notice under subsection 57(3) and the Mining Recorder has not received any protest with respect to the survey;

  • (b) the plan of survey has been made by the Surveyor General under section 31 of the Canada Lands Surveys Act;

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

  • (d) the requirements of section 57 have been met; and

  • (e) any charge payable under subsection 58(1) or (2) has been paid.

Requirements Respecting Leases

Marginal note:Application for lease
  •  (1) A holder of a recorded claim who wants to obtain a lease of a recorded claim or a collection of contiguous recorded claims must apply for the lease in the prescribed form.

  • Marginal note:Application fee and limitation period

    (2) The application must

    • (a) be accompanied by the applicable fee set out in Schedule 1; and

    • (b) be received by the Mining Recorder at least one year before the end of the duration of the claim or of the claim that has the earliest recording date of any of the claims in the collection of contiguous claims.

  • Marginal note:Other requirements for lease

    (3) Before a lease is issued,

    • (a) an official plan of survey of the claim, or the collection of contiguous claims, must have been recorded under section 59;

    • (b) certificates of work must have been recorded with respect to the claim, or with respect to each claim in the collection of contiguous recorded claims, that allocate to the claim, or to each claim, a cost of work of at least $25 per hectare, of which the total of the costs of the official plan of survey and of the construction of any roads, airstrips or docks does not exceed $5 per hectare; and

    • (c) the rent for the first year of the lease must have been paid to the Mining Recorder.

  • Marginal note:Extension of duration of claim

    (4) If a claim holder who has applied for a lease advises the Mining Recorder in writing that they cannot, for reasons beyond their control, obtain an official plan of survey and record it before the end of the duration of the claim to be leased,

    • (a) the duration of the recorded claim is extended for one year;

    • (b) the requirements under section 39 and subsection 43(1) do not apply for that year; and

    • (c) the application for a lease on the claim remains valid for that year.

  • Marginal note:Issuance of lease

    (5) If, before the end of the duration of the recorded claim or of the claim that has the earliest recording date of any of the claims in the collection of contiguous recorded claims, the requirements of subsections (1) to (3) are met, the Minister must issue the lease to the claim holder for a term of 21 years.

Marginal note:Annual rent for lease
  •  (1) The annual rent for a lease is $2.50 per hectare during the first term and $5.00 per hectare during each renewed term.

  • Marginal note:When rent is due

    (2) The rent must be paid to the Mining Recorder before the anniversary date of the lease.

 
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