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Nunavut Mining Regulations (SOR/2014-69)

Regulations are current to 2022-11-16 and last amended on 2021-01-30. Previous Versions

Nunavut Mining Regulations

SOR/2014-69

FINANCIAL ADMINISTRATION ACT

TERRITORIAL LANDS ACT

Registration 2014-03-28

Nunavut Mining Regulations

P.C. 2014-307 2014-03-27

Whereas, pursuant to paragraph 24(b) of the Territorial Lands ActFootnote a, the proposed Nunavut Mining Regulations were published in the Canada Gazette, Part I, on June 29, 2013, substantially in the annexed form, and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Indian Affairs and Northern Development with respect to the proposed Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development and the Treasury Board, pursuant to sections 8, 12 and 23Footnote b of the Territorial Lands ActFootnote a and paragraphs 19(1)(a)Footnote c and 19.1(a)Footnote c and, considering that it is in the public interest to do so, subsection 23(2.1)Footnote d of the Financial Administration ActFootnote e, makes the annexed Nunavut Mining Regulations.

Interpretation

Marginal note:Definitions

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

    Act

    Act means the Territorial Lands Act. (Loi)

    boundary post

    boundary post[Repealed, SOR/2020-209, s. 1]

    business day

    business day means a day other than a Saturday or a holiday. (jour ouvrable)

    Chief

    Chief means the Chief of Financial Analysis and Royalties Administration Section of the Department of Indian Affairs and Northern Development. (chef)

    contiguous

    contiguous means units, claims or lands that, partly or totally, share a common boundary and not merely a point. (contigu)

    corner post

    corner post[Repealed, SOR/2020-209, s. 1]

    cost of work

    cost of work means expenses incurred in performing work, but excludes all of the following:

    • (a) transportation costs outside Canada for persons who performed work or for equipment used in work;

    • (b) taxes and fees paid to any level of government or any institution of public government;

    • (c) costs of staking and recording a claim;

    • (d) legal fees;

    • (e) administrative costs; and

    • (f) expenses incurred in performing work referred to in paragraph (c) of the definition of work that exceed 10% of the total expenses incurred in performing the undertakings referred to in paragraph (a) and subparagraph (b)(ii) of that definition. (coût des travaux)

    depreciable assets

    depreciable assets means buildings, plant, machinery and equipment. (actif amortissable)

    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)

    exploration cost

    exploration cost means an expense incurred for the purpose of determining the existence, location, extent, quality or economic potential of a mineral deposit in Nunavut, but does not include an expense incurred for the purpose of bringing a mine into production. (frais d’exploration)

    fiscal year

    fiscal year, in respect of a mine, means the fiscal period of the mine’s operator as that period is defined in section 249.1 of the Income Tax Act. (exercice)

    holder of the surface rights

    holder of the surface rights means the lessee or registered holder of the surface rights to the land. (titulaire des droits de surface)

    legal post

    legal post[Repealed, SOR/2020-209, s. 1]

    licence

    licence means a licence to prospect referred to in section 3. (licence)

    mine

    mine means an undertaking that produces or has produced minerals or processed minerals from lands within the Nunavut Mining District referred to in section 2, and includes the depreciable assets that are located in Nunavut and used in connection with the undertaking. (mine)

    mineral

    mineral means amber and any naturally occurring inorganic substance, including frac sand, found in the Nunavut Mining District referred to in section 2, excluding material the taking of which is regulated under the Territorial Quarrying Regulations. (minéral)

    mining property

    mining property means

    • (a) a recorded claim or a leased claim within the boundaries of which a mine or part of a mine is situated; or

    • (b) a group of contiguous recorded or leased claims within the boundaries of which a mine or part of a mine is situated and

      • (i) that belong to the same owner, or

      • (ii) if the mine is operated as a joint venture, that are owned exclusively by the members of the joint venture or parties related to the members of the joint venture, regardless of the degree of ownership of each recorded claim or leased claim. (propriété minière)

    mining reclamation trust

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

    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)

    precious stone

    precious stone means a diamond, a sapphire, an emerald or a ruby. (pierre précieuse)

    prescribed form

    prescribed form means a form prescribed by the Minister under section 28 of the Act.  (formule prescrite)

    processing

    processing means crushing, grinding, flotation, beneficiation, concentrating, milling, roasting, smelting, leaching, recrystallization or refining performed on minerals, and if the output of a mine is precious stones, cleaning and sorting that output. (traitement)

    processing assets

    processing assets means tailings disposal facilities and depreciable assets that are located in Nunavut and that are used directly and exclusively in processing. (biens utilisés pour le traitement)

    prospecting permit

    prospecting permit means a prospecting permit issued under the Nunavut Mining Regulations as they read immediately before November 1, 2020. (permis de prospection)

    related

    related, in respect of two or more persons, means that the persons are

    • (a) related persons within the meaning of section 251 of the Income Tax Act, read without reference to paragraph 251(5)(b) of that Act;

    • (b) associated corporations within the meaning of section 256 of the Income Tax Act, read without reference to subsection 256(1.4) of that Act;

    • (c) affiliated persons within the meaning of section 251.1 of the Income Tax Act; or

    • (d) other than for the purpose of subsection 74(1), owners or operators of the same mine. (liées)

    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

    • (a) in respect of a depreciation allowance, the original cost of the depreciable assets in respect of which the depreciation allowance is claimed, less any depreciation allowances previously claimed in respect of those assets;

    • (b) in respect of a development allowance, the undeducted balance of costs eligible for a development allowance under paragraph 70(1)(i); and

    • (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)

    unit

    unit means a unit described in section 4 of Schedule 3. (unité)

    witness post

    witness post[Repealed, SOR/2020-209, s. 1]

    work

    work means

    • (a) any of the following undertakings that are performed in respect of a recorded claim — or, for the purpose of subsection 42(3), in respect of a claim prior to its recording — for the purpose of assessing its mineral potential:

      • (i) examination of outcrops and surficial deposits,

      • (ii) excavation,

      • (iii) sampling,

      • (iv) geochemical study or analysis,

      • (v) drilling,

      • (vi) geological mapping,

      • (vii) geophysical study or analysis,

      • (viii) remote sensing, if one or more undertakings set out in subparagraphs (i) to (vii) have been performed to evaluate the results of the remote sensing and are reported on, together with the remote sensing, in accordance with subsection 42(1),

      • (ix) the placing of grid lines in the field for the purpose of performing any of the undertakings referred to in subparagraphs (i) to (vii),

      • (x) petrography,

      • (xi) data analysis, map generation and preparation of reports that are submitted under these Regulations in respect of undertakings referred to in subparagraphs (i) to (viii) and (x);

    • (b) any of the following undertakings that are performed in respect of a recorded claim:

      • (i) the preparation of a plan of survey under paragraph 57(1)(a);

      • (ii) the building of roads, airstrips or docks for the purpose of performing any of the undertakings referred to in paragraph (a); and

    • (c) environmental baseline studies that are conducted in conjunction with undertakings referred to in subparagraphs (a)(i) to (vii) and (ix) or subparagraph (b)(ii), as well as analysis of the data resulting from the studies, map generation and the preparation of an appendix as required in paragraph 4(t) of Schedule 2. (travaux)

  • Marginal note:Related person

    (2) For the purposes of these Regulations, a person who is related to another person is considered to be also related to any person to whom the other person is related.

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:Application for licence

    (2) An application for a licence must include

    • (a) the applicant’s name, address, telephone number and email address;

    • (b) the name, address, telephone number and email address of every person who is authorized to act on behalf of the applicant;

    • (c) in the case of an applicant who is an individual, proof that they are 18 years of age or older; and

    • (d) in the case of an applicant that is a corporation, the title of the Act referred to in paragraph (1)(b) under which the corporation is incorporated or registered under.

  • Marginal note:Duration of licence

    (3) A licence is valid from the date of its issuance or renewal until March 31 of the following calendar year.

  • Marginal note:Application for renewal

    (4) A licence may be renewed by making an application to the Mining Recorder containing the information set out in paragraphs (2)(a) and (b) and, in the case of an applicant that is a corporation, the information set out in paragraph 2(d). The application must be made not earlier than January 1 preceding the end of the period of validity of the licence.

  • Marginal note:Change in information

    (5) If, after the issuance or renewal of the licence, there is any change in information referred to in paragraph (2)(a) or (b) or, in the case of an applicant that is a corporation, any change in the information referred to in paragraph 2(d), the licensee must provide the new information to the Mining Recorder within 10 business days after the day on which the information was changed.

  • Marginal note:Licence not transferable

    (6) A licence is not transferable.

Marginal note:Licence authorization — licensee or authorized person

 Only a licensee or a person authorized to act on behalf of a licensee may

  • (a) prospect for the purpose of recording a claim;

  • (b) make an application for the recording of a claim, for a lease of a recorded claim or for the renewal of that lease;

  • (c) acquire, by themselves or with another licensee, a recorded claim, a lease of a recorded claim or an interest in either of them; and

  • (d) be issued a certificate of work under section 47 or a certificate of extension under subsection 49.2(1).

 
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