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 Nunavut 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.
- 2017, c. 9, s. 58.
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
(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
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
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
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
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).
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.
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