Nunavut Mining Regulations (SOR/2014-69)

Regulations are current to 2017-11-20 and last amended on 2017-06-19. Previous Versions

Marginal note:Request for renewal of lease
  •  (1) To obtain renewal of a lease, the lessee must, at least six months before the end of the existing lease, submit to the Mining Recorder a written request for renewal accompanied by the applicable fee set out in Schedule 1.

  • Marginal note:Reduction in area of leased claim

    (2) At the time of renewal, the Mining Recorder must reduce the area specified in the lease if, at least 90 days before the end of the existing lease,

    • (a) the lessee requests it and

      • (i) if the lease covers only one recorded claim, that claim has been reduced in area in accordance with section 52, or

      • (ii) otherwise, one or more recorded claims have been removed from the lease; and

    • (b) an official plan of survey of the reduced area has been prepared in accordance with Canada Lands Surveys Act and has been submitted to the Mining Recorder for recording.

  • Marginal note:Cancellation of recording of claim

    (3) The recording of a claim that has been removed from a lease under subparagraph (2)(a)(ii) is cancelled at the time that the renewal of the lease takes effect.

  • Marginal note:Issuance of renewal

    (4) If, before the existing lease ends, the lessee pays the rent for the first year of the renewal, the Minister must issue the renewal for a term of 21 years.

Marginal note:Notice of overdue rent
  •  (1) If rent is not paid within 30 days after the day it is due, the Mining Recorder must send the lessee a notice stating the amount of rent due and the rate of interest payable on that amount.

  • Marginal note:Cancellation of lease for non-payment of rent

    (2) If the rent due, together with interest from the date on which the rent was due, is not paid within 60 days after the day the notice was sent, the lease is cancelled on the 61st day after the notice was sent.

Marginal note:Cancellation of lease by lessee
  •  (1) A lease is cancelled if the lessee submits to the Mining Recorder a written notice of cancellation. The cancellation takes effect on the day the notice is received by the Mining Recorder or, if a later day for cancellation is set out in the notice, on that day.

  • Marginal note:Temporary prohibition relating to former lessee

    (2) For one year after a lease is cancelled, the former lessee and any person related to the former lessee 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 cancelled lease; or

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

Transfer of a Prospecting Permit, Claim or Lease

Marginal note:Transfer of permit

 The transfer of a prospecting permit or an interest in it may be recorded only if

  • (a) the transfer is made to a licensee;

  • (b) a request for recording of the transfer is made by the permittee in writing to the Mining Recorder and is signed by the permittee and by the transferee; and

  • (c) the applicable fee set out in Schedule 1 is paid to the Mining Recorder.

Marginal note:Requirements for transfer of recorded claim or lease
  •  (1) The transfer of a recorded claim or a lease of a recorded claim or an interest in either of them may be recorded only if

    • (a) the transfer is made to a licensee;

    • (b) if the transfer is of a recorded claim, a request for recording of the transfer is made by the claim holder in the prescribed form to the Mining Recorder and is signed by the claim holder and the transferee;

    • (c) if the transfer is of a lease,

      • (i) a request for recording of the transfer is made by the lessee in writing to the Mining Recorder and is signed by the lessee and the transferee, and

      • (ii) the rent and any interest on it is paid;

    • (d) the applicable fee set out in Schedule 1 is paid to the Mining Recorder.

  • Marginal note:Transfer of lease includes claims

    (2) The transfer of a lease includes the transfer of the recorded claims to which the lease applies.

  • Marginal note:Condition on transfer within mining property

    (3) The transfer of a lease or a recorded claim either of which is part of a mining property may be recorded only if security in the amount of any unpaid royalties in relation to the mining property has been deposited with the Minister.

Marginal note:Cancellation of recorded claim or lease
  •  (1) The recording of a claim is cancelled, or a lease and the recording of the claims covered by the lease are cancelled, on the day that any of the following events occur:

  • Marginal note:Delay in opening lands

    (2) The lands that were covered by a claim or a lease the recording of which has been cancelled under subsection (1), are not open for prospecting and staking until the Minister opens them.

  • Marginal note:Disposition of interests in lands

    (3) Subject to subsection (7), at any time after the recording of a claim (the original claim) was cancelled under subsection (1), the Minister may, with respect to the lands that were covered by the original claim, instruct the Mining Recorder to record, in the name of a specified person, a new claim that covers those lands.

  • Marginal note:New claim considered as transfer

    (4) When a new claim is recorded under subsection (3),

    • (a) the new claim need not be staked;

    • (b) the recording date for the new claim is considered to be the recording date of the original claim;

    • (c) the information recorded by the Mining Recorder, including the requests and the documents filed with respect to the original claim, are considered to have been recorded or presented with respect to the new claim;

    • (d) despite subsection 33(5), the duration of the new claim extends for a period beginning on the day on which the Minister instructs that the new claim be recorded (start day) to the next anniversary date of the recording of the original claim that is at least “x” days after the start day, where “x” is equal to the number of days that were left in the duration of the original claim immediately before it was cancelled; and

    • (e) the requirements of paragraphs 39(1)(b) and 43(1)(b) apply with respect to the new claim.

  • Marginal note:Minister may issue new lease

    (5) Subject to subsection (7), at any time after a lease is cancelled under subsection (1), the Minister may issue a new lease that covers the same lands as were covered by the cancelled lease.

  • Marginal note:New lease considered as transfer

    (6) A new lease issued under subsection (5) is considered to be a transfer of the previous lease on the same lands, with the same duration as was left on the previous lease at the time it was cancelled.

  • Marginal note:Conditions

    (7) The Minister may only act under subsection (3) or (5) if

    • (a) the lands covered by the new claim or lease have not been opened for prospecting and staking; and

    • (b) it is in the financial interest of the Crown or will aid in remedying environmental damage on territorial lands.

 
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