Nunavut Mining Regulations (SOR/2014-69)

Pending Applications and Requests

Marginal note:Former Regulations apply — certain applications and requests

• 87 (1) A request or an application, with respect to a claim or a lease of a recorded claim, that is made to the Mining Recorder in accordance with section 42, 45, 46, 51, 52, 54 or 60, subsection 62(2) or section 66 of the former Regulations that is pending on the first day of the transitional period must be dealt with in accordance with those Regulations.

• Marginal note:Effective date — recording of reduced-area claim

  (2) Despite subsection (1) and subsection 52(3) of the former Regulations, the recording of a reduced-area claim is effective on the date of its recording.

• Marginal note:Plan of survey for lease application

  (3) Despite subsection (1) and subsection 60(4) of the former Regulations, a plan of survey of the claim must have been made under section 31 of the Canada Lands Surveys Act before the first day of the transitional period.

Reduced-area Claim Recorded Before Transitional Period

Marginal note:Effective date

88 Despite subsection 52(3) of the former Regulations, the recording of a reduced-area claim that is not effective on the first day of the transitional period becomes effective on that day. Subsections 52(4) to (6) of the former Regulations continue to apply to that claim.

Applications and Requests During Transitional Period

Marginal note:Recording of a staked claim

89 If a claim has been staked in accordance with the former Regulations before the first day of the transitional period, an application to record the claim may be submitted to the Mining Recorder under section 33 of those Regulations and must be dealt with in accordance with those Regulations.

Marginal note:Renewal of lease

90 An application for the renewal of a lease of a recorded claim may be submitted to the Mining Recorder under subsection 62(1) of the former Regulations on or before the last day of the transitional period if the lease expires within one year following the last day of the transitional period. The application must be dealt with in accordance with the former Regulations.

Marginal note:Transfer of lease

91 A request for the transfer of a lease of a recorded claim or an interest in such a lease may be made to the Mining Recorder under section 66 of the former Regulations on or before the last day of the transitional period and must be dealt with in accordance with the former Regulations.

Report of Work

Marginal note:Report not evaluated

92 Sections 41, 44, 45 and 47 to 50 of the former Regulations continue to apply in respect of a report of work that was or should have been submitted to the Mining Recorder in accordance with paragraph 40(a) of the former Regulations before the first day of the transitional period.

Prospecting Permits

Marginal note:Former Regulations apply

• 93 (1) Sections 12, 14 to 21, 65 and 80, subsection 83(2) and Schedule 2 of the former Regulations continue to apply in respect of prospecting permits issued under those Regulations.

• Marginal note:Exception

  (2) Despite subsection (1) and section 18 of the former Regulations, a permittee may not make an application to record a claim during the transitional period.

• Marginal note:Definitions of cost of work and work

  (3) The definitions cost of work and work in subsection 1(1) of these Regulations apply, in respect of prospecting permits issued under the former Regulations, to work done after the last day of the transitional period.

• Marginal note:Opening of lands for prospecting

  (4) Subject to subsection (6) and section 14 of these Regulations, the lands that were covered by a prospecting permit that expires or is cancelled after the last day of the transitional period are open for prospecting and the units containing those lands are available for recording as a claim beginning at noon on the day following the first business day after the day on which the permit expired or was cancelled.

• Marginal note:Prohibition against prospecting during review by Minister

  (5) Beginning on the day on which a request for review under section 84 with respect to lands that were covered by the prospecting permit in question is received by the Minister and ending on the second business day after the day on which the Minister’s decision is sent, those lands are not open for prospecting and the units containing those lands are not available for recording as a claim.

• Marginal note:Delay in opening lands for environmental damage

  (6) If the Minister has reasonable grounds to believe that there is unremedied environmental damage to the lands referred to in subsection (4), the Minister may delay opening the lands for prospecting and making available the units containing those lands for recording as a claim.

• Marginal note:Prohibition

  (7) For one year after a prospecting permit expires or is cancelled, the former permittee and any person related to the former permittee are not permitted to make an application to record a claim that includes any unit that was included in the prospecting permit zone of the expired or cancelled permit or to acquire a legal or beneficial interest in respect of that claim.

Dispute Respecting Recording of Claim

Marginal note:Notice of protest

94 A notice of protest may be filed with the Supervising Mining Recorder under subsection 37(1) of the former Regulations within one year after the day on which the disputed claim was recorded under subsection 33(4) of those Regulations. The dispute must be dealt with in accordance with the former Regulations.

Deeming Provision

Marginal note:Provision repealed, replaced or added

• 95 (1) For the purpose of these Regulations, except sections 86 to 94, during the transitional period, any reference

  • (a) to a provision — or any concept referred to in a provision — that has been repealed or replaced on November 1, 2020, is deemed to be a reference, during that period, to that provision as it read immediately before that date; and

  • (b) to a provision that has been added to these Regulations on November 1, 2020 but that is not in force, is deemed not to form part of that provision during that period.

• Marginal note:Staking of lands

  (2) Despite paragraph (1)(a),

  • (a) the reference to the staking of lands is deemed not to form part of subsection 22(1) and section 56 of these Regulations during the transitional period; and

  • (b) the reference to the staking of lands under subsections 52(5) and 67(2) and section 85 of the former Regulations is deemed not to form part of paragraph 5(1)(c) of these Regulations during the transitional period.

Conversion of Claims

Marginal note:Definition of original claim

• 96 (1) For the purposes of this section, an original claim means a claim that is recorded under section 33 of the former Regulations, except for

  • (a) a leased claim; and

  • (b) a claim in respect of which, before the first day of the transitional period, an application for a lease is pending and a plan of survey has been made under section 31 of the Canada Lands Surveys Act.

• Marginal note:Recording as converted claim

  (2) On the day following the end of the transitional period, the Mining Recorder must record any original claim as a converted claim. Subject to subsections (3) and (4), the converted claim includes the units covered, partly or totally, by that claim.

• Marginal note:Lands included in a converted claim

  (3) If a unit contains, partly or totally, only one claim and other lands, those lands, other than lands referred to in subsection 5(1), become part of the converted claim.

• Marginal note:More than one recorded claim

  (4) If a unit contains, partly or totally, more than one claim and other lands, each of those lands, other than lands referred to in subsection 5(1), becomes part of one of the converted claims, in accordance with the following order of priority:

  • (a) the converted claim that is contiguous to that land and, if two or more are contiguous to it, the claim that encompasses the original claim that was staked first; and

  • (b) the converted claim that encompasses the original claim that was staked first.

• Marginal note:Effect of recording

  (5) When a converted claim is recorded,

  • (a) the information recorded under the former Regulations, including the applications and the documents filed with respect to the original claim, are considered to have been recorded or presented with respect to the converted claim; and

  • (b) the recording of the original claim is cancelled.

• Marginal note:Amended recording date

  (6) On the anniversary date of the recording of the original claim that, but for the cancellation of its recording under paragraph (5)(b), would have followed the transitional period, the Mining Recorder must amend the date of the recording of the converted claim to that date.

Report and Certificate of Work for Converted Claim

Marginal note:Submission of report

• 97 (1) The holder of a converted claim must, in respect of the work required to be done under subsection 39(1), submit to the Mining Recorder

  • (a) not later than the 120th day beginning on the anniversary date following the amended recording date referred to in subsection 96(6) for that claim, a report of work referred to in section 42 in respect of the year preceding that anniversary date; and

  • (b) not later than the 120th day beginning on each subsequent anniversary date

    • (i) a report of work referred to in section 42 in respect of the previous year, or

    • (ii) an application for a one-year extension referred to in section 49.1 to do the work.

• Marginal note:Work reported — recording date

  (2) For the application of subsections 42(2) and (3), the day on which the claim was recorded, in the case of a converted claim, means the recording date referred to in subsection 33(4) of the former Regulations.

• Marginal note:Exception

  (3) Subsection (1) does not apply for any year for which a certificate of work has been issued under subsection 47(1) of the former Regulations setting out that an amount for the cost of work that is required to be done in respect of that claim for that year has been allocated.

• Marginal note:Remission of charge

  (4) Remission is granted in an amount equal to the difference between the charges payable referred to in subsection 40(1) in respect of any year referred to in subsection (3) and the allocated cost of work done set out in a certificate of work issued under subsection 47(1) of the former Regulations in respect of any of those years.

• Marginal note:Certificate of work

  (5) A certificate of work must not be issued under subsection 47(1) in respect of a converted claim before the amended recording date referred to in subsection 96(6) for that claim.