Nunavut Mining Regulations (SOR/2014-69)

Expansion

Marginal note:Definition — recorded claim

• 14 (1) In this section, a recorded claim means any recorded claim other than a leased claim.

• Marginal note:Expansion of claims

  (2) If a unit contains, partly or totally, only one recorded claim and a land referred to in subsection 5(1) or a land of Nunavut to which these Regulations do not apply and that land is no longer referred to in subsection 5(1) or becomes subject to these Regulations, that land subsequently becomes part of that recorded claim.

• Marginal note:Expansion — more than one recorded claim

  (3) If a unit contains, partly or totally, more than one recorded claim and a land referred to in subsection 5(1) or a land of Nunavut to which these Regulations do not apply and that land is no longer referred to in subsection 5(1) or becomes subject to these Regulations, that land subsequently becomes part of one of those recorded claims, in accordance with the following order of priority:

  • (a) if at least one recorded claim is contiguous to that land,

    • (i) the claim that is contiguous to it and that was recorded under subsection 96(2) or, if two or more are contiguous to it, the claim that encompasses the claim that was staked first, or

    • (ii) the claim that is contiguous to it and that was recorded under subsection 13(1) or, if two or more are contiguous to it, the claim that was recorded first; and

  • (b) if there is no recorded claim that is contiguous to that land,

    • (i) the claim recorded under subsection 96(2) that encompasses the claim that was staked first, or

    • (ii) the claim that was recorded first under subsection 13(1).

Duration of Recorded Claim

Marginal note:Duration

15 The duration of a recorded claim is 30 years, beginning on its recording date, plus any extensions referred to in paragraphs 51(6)(a) and 67(4)(c), unless the recorded claim is leased under subsection 60(3) or its recording is cancelled under section 50, subsection 53(3) or section 54 or 55 or under subsection 67(1) without a new claim being recorded under paragraph 67(3)(a).

16 [Repealed, SOR/2020-209, s. 5]

17 [Repealed, SOR/2020-209, s. 5]

18 [Repealed, SOR/2020-209, s. 5]

19 [Repealed, SOR/2020-209, s. 5]

20 [Repealed, SOR/2020-209, s. 5]

21 [Repealed, SOR/2020-209, s. 5]

22 [Repealed, SOR/2020-209, s. 6]

23 [Repealed, SOR/2020-209, s. 7]

24 [Repealed, SOR/2020-209, s. 7]

25 [Repealed, SOR/2020-209, s. 7]

26 [Repealed, SOR/2020-209, s. 7]

27 [Repealed, SOR/2020-209, s. 7]

28 [Repealed, SOR/2020-209, s. 7]

29 [Repealed, SOR/2020-209, s. 7]

30 [Repealed, SOR/2020-209, s. 7]

31 [Repealed, SOR/2020-209, s. 7]

32 [Repealed, SOR/2020-209, s. 7]

33 [Repealed, SOR/2020-209, s. 7]

34 [Repealed, SOR/2020-209, s. 7]

35 [Repealed, SOR/2020-209, s. 7]

36 [Repealed, SOR/2020-209, s. 7]

37 [Repealed, SOR/2020-209, s. 7]

38 [Repealed, SOR/2020-209, s. 7]

Work Requirements

Marginal note:Work required

• 39 (1) A holder of a recorded claim must do work that incurs a cost of work annually beginning on the day on which the claim is recorded for each unit included in the recorded claim of at least

  • (a) $45 in respect of the first year;

  • (b) $90 in respect of the second, third and fourth years;

  • (c) $135 in respect of the fifth, sixth and seventh years;

  • (d) $180 in respect of the 8th, 9th and 10th years;

  • (e) $225 in respect of each of the 11th to 20th years; and

  • (f) $270 in respect of each of the 21st to 30th years.

• Marginal note:Allocation of cost of work

  (2) A cost of work that is set out in a certificate of work issued under subsection 47(1) for a year is, for the purpose of subsection (1), a cost of work done for that year.

• Marginal note:Unit

  (3) For the purposes of subsection (1), a unit is considered to be a unit that is entirely covered, either by a claim, or partly by a claim and partly by lands referred to in subsection 5(1) or lands of Nunavut to which these Regulations do not apply.

Charges to Hold Recorded Claim and Assess Mineral Potential

Marginal note:Charge

• 40 (1) The following per unit charges apply, annually beginning on the day on which the claim is recorded, to the right to hold a recorded claim and assess its mineral potential:

  • (a) $45 in respect of the first year beginning on the day on which the claim is recorded;

  • (b) $90 in respect of the second, third and fourth years;

  • (c) $135 in respect of the fifth, sixth and seventh years;

  • (d) $180 in respect of the 8th, 9th and 10th years;

  • (e) $225 in respect of each of the 11th to 20th years; and

  • (f) $270 in respect of each of the 21st to 30th years.

• Marginal note:Payment

  (2) The claim holder must pay the charges referred to in subsection 13(1), 49(1) or 49.1(2), as the case may be.

• Marginal note:Unit

  (3) For the purposes of subsection (1), a unit is considered to be a unit that is entirely covered, either by a claim, or partly by a claim and partly by lands referred to in subsection 5(1) or lands of Nunavut to which these Regulations do not apply.

Report of Work

Marginal note:Submission

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

• (a) within a period of 120 days beginning on the second anniversary date of the recording of the claim, a report of work referred to in section 42 in respect of the first and second years; and

• (b) within a period of 120 days beginning on each subsequent anniversary date,

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

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

Marginal note:Preparation and content

• 42 (1) A report of work that has been done in respect of a claim must be prepared in accordance with Part 1 of Schedule 2, but if the report deals only with excavation, sampling or the examination of outcrops and surficial deposits — or any combination of them — and the cost of the work is less than $20,000, the report may be a simplified report prepared in accordance with Part 2 of Schedule 2.

• Marginal note:Work reported

  (2) Work reported in one report must have been performed within a period of not more than 12 consecutive months during the four years immediately preceding the day on which the report was submitted and after the day on which the claim was recorded.

• Marginal note:Work before recording of claim

  (3) Despite subsection (2), work that is done during the two years immediately preceding the day on which a claim is recorded is considered to have been done during the first year following the day on which it is recorded.

• Marginal note:Signature of report

  (4) The report must be prepared and signed

  • (a) in the case of a simplified report, by the individual who performed or supervised the work; and

  • (b) in all other cases, by a professional engineer or a professional geoscientist as those terms are defined in subsection 1(1) of the Engineers and Geoscientists Act, S Nu 2008, c. 2.

• Marginal note:Associated documents

  (5) The report must be accompanied by the following documents:

  • (a) a statement of work in the prescribed form;

  • (b) a table setting out the cost of work by type of work, together with, for each type of work, details of the costs sufficient to enable evaluation of the report in accordance with subsection 43(1); and

  • (c) a table setting out the cost of work that is allocated to each claim.

• Marginal note:Claim holder’s equipment or work

  (6) If a holder of a recorded claim uses their own equipment to do work or personally does work,

  • (a) the cost claimed in relation to that equipment must not be more than the cost of leasing similar equipment for the period that the equipment is used in performing the work; and

  • (b) the cost claimed in relation to that work must not be more than the cost of engaging another person to do that work.

• Marginal note:Record keeping

  (7) The holder of a recorded claim must keep all supporting documents used to justify the cost of work and make them available on request to the Mining Recorder until the holder has received a certificate of work under section 47.

• Marginal note:Work reported once

  (8) Work reported must not be reported in any other report.

Evaluation of Reports and Cost of Work

Marginal note:Evaluation of reports

• 43 (1) The Mining Recorder must evaluate the reports referred to in section 41 and subsection 97(1) to assess their compliance with Schedule 2 and determine the cost of work to be set out in a certificate of work under subsection 47(2).

• Marginal note:Supporting documents

  (2) The Mining Recorder may request, in writing, from the holder of the recorded claim, supporting documents that justify the cost of work that is specified in the request.

• Marginal note:Lack of justification

  (3) If the holder of the recorded claim does not, within 120 days after the day on which the request is sent, provide the supporting documents that are requested, the cost of work to which they relate must be considered to be unjustified.