Nunavut Mining Regulations (SOR/2014-69)

Licence to Prospect

Marginal note:Issuance of licence

• 3 (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

4 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).

Prohibitions Respecting Prospecting and Mining

Marginal note:Lands not open for prospecting

• 5 (1) It is prohibited to prospect on

  • (a) lands covered by a prospecting permit;

  • (b) lands covered by a recorded claim or a leased claim;

  • (c) lands mentioned in any of subsections 52(5) and (6), 56(1) and (2), 62.1(5) and (6) and 67(2), section 85 and subsections 93(4) to (6) that are not open for prospecting;

  • (d) lands that have been withdrawn from disposal under paragraph 23(a) of the Act or set apart and appropriated under any of paragraphs 23(b) to (e) of the Act by the Governor in Council;

  • (e) lands for which the minerals have been granted by the Crown;

  • (f) lands subject to a prohibition on prospecting under a land use plan that has been approved under federal legislation or under a land claims agreement; and

  • (g) lands used as a cemetery.

• Marginal note:Exceptions

  (2) The prohibition under paragraph (1)(a) does not apply to the permittee and the prohibition under paragraph (1)(b) does not apply to the claim holder or the lessee.

Marginal note:Surface rights — prohibition respecting entry

6 If the surface rights to lands have been granted or leased by the Crown, it is prohibited to enter on the surface of those lands to prospect unless

• (a) the holder of the surface rights has consented to entry for the prospecting; or

• (b) the Nunavut Surface Rights Tribunal has made an order that authorizes entry on those lands and that sets the compensation, if any, to the surface holder.

Marginal note:Prohibition on removing minerals

• 7 (1) It is prohibited to remove minerals or processed minerals from, or develop a mine within, the area of a recorded claim or a leased claim, except in the case of the holder of the recorded claim or the lessee.

• Marginal note:Limitation respecting holder of recorded claim

  (2) It is prohibited to remove minerals or processed minerals whose gross value exceeds $100,000 from a recorded claim that is not subject to a lease, except if the removal is for the purposes of assay and testing to determine the existence, location, extent, quality or economic potential of a mineral deposit within the claim.

• Marginal note:Prohibition on construction and disposal

  (3) It is prohibited to erect on a recorded claim any building to be used as a dwelling or any mill, concentrator or other mine building, or to create any tailings or waste disposal area for the purpose of the commencement of production from a mine, unless the claim holder has been issued a lease of the surface rights to, or a grant of, the land covered by the claim.

Online Mining Rights Administration System

Establishment of System and Representation of Lands

Marginal note:Establishment by Minister

• 8 (1) The Minister must establish and maintain an online mining rights administration system that

  • (a) allows for the making and processing of applications under these Regulations, other than a request referred to in section 84, to be done electronically;

  • (b) allows access by the public to documents relating to those applications; and

  • (c) represents the lands of Nunavut, as divided into grid areas, sections and units in accordance with Schedule 3, including the territorial lands of Nunavut described as the Nunavut Mining District referred to in section 2.

• Marginal note:Online application

  (2) An application, other than a request referred to in section 84, must be made in the prescribed form, if any, and submitted to the Minister or Mining Recorder by using the online mining rights administration system.

Marginal note:Mining Recorder — representation of lands

9 The Mining Recorder must ensure that the online mining rights administration system represents the lands that are open for prospecting and that are included in a unit for which an application to record a claim may be made.

Marginal note:Recording of documents

• 10 (1) The Mining Recorder must record

  • (a) in respect of the recorded claims or leased claims 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 day on which a mining royalty return in respect of that property or interest is delivered to the Chief, or

    • (ii) the date of any notice of assessment or reassessment sent under subsection 75(1) or (2), unless a request for review of the assessment or reassessment has been made under section 84;

  • (b) every judgment or order made by a court of competent jurisdiction relating to the ownership of a recorded claim or a lease of a recorded claim and every decision made by the Minister, the Supervising Mining Recorder or the Mining Recorder; and

  • (c) on the payment of the applicable fee set out in Schedule 1, every other document filed in respect of a recorded claim or a lease of a recorded claim.

• Marginal note:When notice considered to be received

  (2) Notice of the recording of a document under subsection (1) is considered to have been received as of the date of the recording of the document.

• Marginal note:Transfer subject to encumbrances

  (3) A transfer of a recorded claim or a lease of a recorded claim, or any interest in either of them, is subject to all judgments, orders, liens and other encumbrances that were recorded against the claim or lease, or any interest in them, as of the date of the recording of the transfer.

Marginal note:Consultation of documents

• 11 (1) Subject to subsection (2), a person may

  • (a) consult the documents relating to a prospecting permit, recorded claim or lease of a recorded claim filed with the Mining Recorder, free of charge; and

  • (b) obtain a copy of any of those documents on payment of the applicable fee set out in Schedule 1.

• Marginal note:Limit on consultation

  (2) A person is not permitted to consult or obtain a copy of a report referred to in subsection 42(1), nor any accompanying or supporting document referred to in subsection 42(5) or (7), until the earlier of

  • (a) the day on which the recording of the claim is cancelled under section 50, subsection 53(3) or section 54 or 55 or, if a new claim has not been recorded under paragraph 67(3)(a), subsection 67(1), and

  • (b) the day after the third anniversary of the day on which the report was received by the Mining Recorder.

Claims

Recording Claims

Marginal note:Application to record claim

• 12 (1) A licensee may make an application to the Mining Recorder to record a claim.

• Marginal note:Number of units permitted

  (2) The application may be made in respect of not less than one unit and not more than 100 units.

• Marginal note:Unit partly covered

  (3) An application may be made in respect of a unit that is covered by lands referred to in subsection 5(1) or lands of Nunavut to which these Regulations do not apply to the extent that the unit is not entirely covered by those lands.

• Marginal note:Shape of claim

  (4) If an application is made in respect of more than one unit,

  • (a) each unit must be contiguous to another unit in the claim; and

  • (b) the units in the claim must not enclose a unit that is not included in the claim.

• Marginal note:Prospecting permit

  (5) Despite subsection (3), the holder of a prospecting permit may make an application in respect of any unit that is, partly or totally, within their prospecting permit zone.

Marginal note:Recording of claim

• 13 (1) If an application to record a claim satisfies the requirements set out in section 12, the Mining Recorder must record the claim on payment of the charge referred to in paragraph 40(1)(a).

• Marginal note:Exclusion

  (2) The lands referred to in subsection 5(1) may not be included in a claim.

• Marginal note:Prospecting permit

  (3) Despite subsection (2), if an application to record a claim is made by a holder of a prospecting permit, the recorded claim includes the lands for which the application is made that are within the prospecting permit zone and that are open for prospecting. Those lands subsequently no longer form part of the permit zone.

• Marginal note:Application to change recording date

  (4) A claim holder may, not later than the day that precedes the first anniversary date of the recording of the claim, make an application to the Mining Recorder to change the date of the recording to the date specified in the application. That date must not be earlier than the recording date of the claim and must precede the first anniversary date of the recording of the claim.

• Marginal note:Only one change

  (5) The date of the recording of the claim may only be changed once.

• Marginal note:Amended recording date

  (6) The Mining Recorder must change the date of the recording of the claim in accordance with the application. The change of date takes effect on the day on which the application is received by the Mining Recorder or, if a later day is set out in the application, on that day.

• Marginal note:Non-application — certificate of work

  (7) Subsections (4) to (6) do not apply if a certificate of work has been issued under subsection 47(1) in respect of the claim.