Lease of a Recorded Claim (continued)
Requirements Respecting Leases (continued)
Marginal note:Request for renewal of lease
62 (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
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
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
64 (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
Transfer of a Prospecting Permit, Claim or Lease
Marginal note:Transfer of permit
65 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
(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,
(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
(a) the Minister has realized on a charge or security over the real property of the claim holder or the lessee for the costs of remedying any environmental condition or environmental damage under subsection 11.8(8) of the Companies’ Creditors Arrangement Act or subsection 14.06(7) of the Bankruptcy and Insolvency Act;
(b) the interests in territorial lands represented by the claim or lease have reverted to the Crown as a result of a court order made under the Companies’ Creditors Arrangement Act or the Bankruptcy and Insolvency Act;
(c) the Minister has accepted the claim or lease as a security in respect of a debt or other obligation owed to the Crown and the Minister has realized on the security under section 156 of the Financial Administration Act.
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 (the 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.
(7) The Minister may only act under subsection (3) or (5) if
Marginal note:Commencement of production of mine
Marginal note:Presumptions respecting mineral or processed mineral
(2) For the purposes of these Regulations, a mineral or processed mineral is considered to
Marginal note:Presumptions respecting related persons
(3) For the purposes of these Regulations,
(a) if minerals or processed minerals that have been sold by an operator to a person not related to the operator are later sold to a person related to the operator, those minerals or processed minerals are considered to have been sold by the operator to a related person; and
(b) if minerals or processed minerals that have been sold by an operator to a person related to the operator are later sold to a person not related to the operator and proof of that sale is provided, those minerals or processed minerals are considered to have been sold by the operator to a person not related to the operator.
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