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1 (1) The following definitions apply in these Regulations.

environmental baseline studies

environmental baseline studies  means a description of selected environmental attributes that existed before mineral exploration or mining development and that are used to establish a benchmark from which to measure changes to the environment. Selected environmental attributes include meteorologic, hydrologic and hydro-geologic attributes, surface water and groundwater quality, aquatic resources, soil profiling, ecosystems, wildlife and wildlife habitat, cultural heritage and archaeology. (études environnementales de base)

mine

mine  means an undertaking that produces or has produced minerals or processed minerals from lands within the Northwest Territories Mining District, and includes the depreciable assets that are located in the Northwest Territories and used in connection with the undertaking. (mine)

mineral

mineral  means any naturally occurring inorganic substance found in the Northwest Territories Mining District, including frac sand, but excluding material the taking of which is regulated under the Territorial Quarrying Regulations. (minéral)

mining property

mining property  means

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mining reclamation trust

mining reclamation trust  means a trust that is established for a mine and that is created

• [...]

• (b) as a condition of

  • [...]

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

Mining Recorder

Mining Recorder  means the person designated by the Minister as the Mining Recorder. (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)

owner

owner , in respect of a recorded claim, leased claim, mine or mining property, means any person with a legal or beneficial interest in the recorded claim, leased claim, mine or mining property. (propriétaire)

Supervising Mining Recorder

Supervising Mining Recorder  means the person designated by the Minister as the Supervising Mining Recorder. (registraire minier en chef)

undeducted balance

undeducted balance  means

• [...]

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

82 (1) The Mining Recorder must record

• (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

66 (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

• [...]

• (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

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

[...]

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.

45 (1) Subject to subsection (2), if a recorded claim is not grouped under section 46 and the cost of work that has been justified in a report in respect of that claim exceeds the cost of work required to be done on it under subsection 39(1) at the time the certificate of work respecting the report is ready to be issued, the Mining Recorder must allocate the excess cost of work to the next period or periods for which work is still required to be done on the claim under subsection 39(1).

Marginal note:Unallocated excess cost of work

(2) At any time before the evaluation of the report has been completed, the claim holder may submit a written request to the Mining Recorder to not allocate the excess cost of work or to allocate it to fewer periods than would be required under subsection (1) and the Mining Recorder must comply with the request.

Marginal note:Previous payment of charges

(3) A claim holder who has paid a charge in respect of a period under subsection 43(1) or 49(1) may submit a written request to the Mining Recorder that remission be granted of the charge in an amount equal to the excess cost of work.

Marginal note:Request re unallocated excess cost of work

(4) If an unallocated excess cost of work is recorded with respect to a recorded claim, the claim holder may submit a request to the Mining Recorder to allocate that cost as specified in the request. The request must be in the prescribed form and be accompanied by the fee for a certificate of work set out in Schedule 1.

Marginal note:Allocation of unallocated excess cost of work

(5) If the unallocated excess cost of work is sufficient to comply with the request, the Mining Recorder must allocate it in accordance with the request.

35 (1) If it is determined that lands covered by a mining claim that is recorded or otherwise recognized under the law regulating the disposition of mining interests in another province are wholly or partly in the Northwest Territories Mining District, and if the portion in the Northwest Territories does not contain lands referred to in section 5, the claim holder may, within 90 days after the determination, apply to the Mining Recorder to have the portion of the claim within the Northwest Territories recorded as a separate claim.

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Marginal note:Recording date and time

(3) On receipt of an application made under subsection (1) and the applicable fee set out in Schedule 1, the Mining Recorder must record the claim as soon as practicable, using the date and time when the claim was recorded or otherwise recognized under the law regulating the disposition of mining interests in the other province.