Nunavut Mining Regulations (SOR/2014-69)

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

Application

Marginal note:Nunavut Mining District

 These Regulations apply in respect of the Nunavut Mining District, the area of which is described in Schedule 2 to the Northwest Territories Mining District and Nunavut Mining District Order.

Licence to Prospect

Marginal note:Issuance of licence
  •  (1) The Mining Recorder must issue a licence to prospect to a person who has applied for one and paid the applicable fee set out in Schedule 1 if the person is

    • (a) an individual who is 18 years of age or older; or

    • (b) a company that is incorporated or registered under the Business Corporations Act (Nunavut), S.N.W.T. 1996, c. 19, or that is incorporated under the Canada Business Corporations Act.

  • Marginal note:Licence not transferable

    (2) A licence is not transferable.

  • Marginal note:Licence valid for one year

    (3) A licence is valid from the date of its issue until March 31 following the date of its issue or, if renewed before March 31, for a period of one year beginning on April 1 following the date of its renewal.

  • Marginal note:Copy of licence

    (4) A licensee may, on request and payment of the applicable fee set out in Schedule 1, obtain from the Mining Recorder a copy of their licence.

Marginal note:Licence authorization — licensee or agent
  •  (1) Only a licensee or a person authorized to act on behalf of a licensee may

    • (a) prospect for the purpose of staking a claim; or

    • (b) undertake the staking of a claim.

  • Marginal note:Licence authorization — licensee

    (2) Only a licensee may

    • (a) make an application to record a claim;

    • (b) make an application for a prospecting permit;

    • (c) be issued a written confirmation under subsection 15(11), a certificate of extension under subsection 42(2) or a certificate of work under subsection 47(1);

    • (d) be issued a lease of a recorded claim or a renewal of such a lease; and

    • (e) acquire, by themself or with another licensee, a prospecting permit, recorded claim or lease of a recorded claim.

Prohibitions Respecting Prospecting, Staking and Mining

Marginal note:Lands not open for prospecting or staking

 It is prohibited to prospect or stake a claim on any of the following lands:

  • (a) lands used as a cemetery;

  • (b) lands covered by a prospecting permit, a recorded claim or a lease of a recorded claim, unless the prospecting or staking is done by the permittee, claim holder or lessee;

  • (c) lands for which the minerals have been granted by the Crown;

  • (d) lands subject to a prohibition on prospecting or staking a claim under a land use plan that has been approved under federal legislation or under a land claims agreement;

  • (e) lands that have been withdrawn from disposal or set apart and appropriated by the Governor in Council under paragraphs 23(a) to (e) of the Act;

  • (f) lands that are mentioned in subsections 22(1) and 52(5), section 56, subsection 67(2) and section 85 that are not open for prospecting or staking.

Marginal note:Surface rights — prohibition respecting entry

 If the surface rights to lands have been granted or leased by the Crown, it is prohibited to go on the surface of those lands to prospect or stake a claim unless

  • (a) the holder of the surface rights has consented to entry for the prospecting or staking; or

  • (b) the Nunavut Surface Rights Tribunal has made an order that authorizes entry on those lands and that sets the compensation, if any, to the surface holder.

Marginal note:Prohibition on removing minerals
  •  (1) It is prohibited to remove minerals or processed minerals from, or develop a mine within, the area of a recorded claim or a leased claim, except in the case of the holder of the recorded claim or the lessee.

  • Marginal note:Limitation respecting holder of a recorded claim

    (2) It is prohibited to remove minerals or processed minerals whose gross value exceeds $100,000 from a recorded claim that is not subject to a lease issued under subsection 60(5) or a renewal issued under subsection 62(4), except if the removal is for the purposes of assay and testing to determine the existence, location, extent, quality or economic potential of a mineral deposit within the claim.

  • Marginal note:Prohibition on construction and disposal

    (3) It is prohibited to erect on a recorded claim any building to be used as a dwelling or any mill, concentrator or other mine building, or to create any tailings or waste disposal area for the purpose of the commencement of production from a mine, unless the claim holder has been issued a lease of the surface rights to, or a grant of, the land covered by the claim.

Prospecting Permits

Marginal note:Prospecting permit zones
  •  (1) The mining district is divided into prospecting permit zones based on the National Topographic System of Canada. Each zone consists of one quarter of the area shown on a claim staking sheet and is designated as the northeast, southeast, southwest or northwest quarter.

  • Marginal note:Claim staking sheet

    (2) In this section, claim staking sheet means

    • (a) south of 68° north latitude, a map of zones bounded on the north and south by 15-minute intervals of latitude and on the east and west by 30-minute intervals of longitude; and

    • (b) north of 68° north latitude, a map of zones bounded on the north and south by 15-minute intervals of latitude and on the east and west by one-degree intervals of longitude.

Marginal note:Application for prospecting permit
  •  (1) A licensee may apply to the Mining Recorder for a prospecting permit for the exclusive right to prospect and stake claims in a prospecting permit zone specified in the application.

  • Marginal note:Requirements for application

    (2) An application for a prospecting permit must

    • (a) be in the prescribed form;

    • (b) be received by the Mining Recorder between February 1 and close of business on the last business day of November before the year in which it is to commence;

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

    • (d) include a description of the work proposed to be carried out.

  • Marginal note:Payment of charge

    (3) In addition, the licensee must pay to the Mining Recorder the charge referred to in subparagraph 14(a)(i) or (b)(i), as the case may be.

  • Marginal note:Remission

    (4) If a charge has been paid under subsection (3) but no prospecting permit is issued with respect to the application, the charge is remitted.

  • Marginal note:Repayment

    (5) Any charge referred to in subparagraph 14(a)(i) or (b)(i) that has been paid to the Mining Recorder and that is remitted under this section must be repaid by the Minister to the person entitled to it.

Marginal note:Zones excluded

 A prospecting permit must not be issued in respect of a prospecting permit zone if, at close of business on the last business day of January in the year the permit is to be issued, either of the following situations exists:

  • (a) there are recorded claims or leased claims or applications to record claims in that zone and the total area covered by those claims exceeds 1250 hectares;

  • (b) there are recorded claims or leased claims in that zone and the total area covered by those claims is 1250 hectares or less and, in the five years preceding that day, either of the following has happened with respect to any of those recorded claims or leased claims:

    • (i) work has been done with respect to any of the recorded claims and has been reported on under section 41 of these Regulations or under section 41 of the Northwest Territories and Nunavut Mining Regulations;

    • (ii) there has been a transfer recorded under section 66 of a majority of the interest in the recorded claim or lease to a person who was not, immediately before the transfer, recorded as a holder of the claim or lease and who is not related to anyone who was, immediately before the transfer, a holder of the claim or lease.

 
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