Nunavut Mining Regulations

Marginal note:Application

• 52 (1) The holder of a recorded claim (in this section referred to as the “original claim”) may make an application to the Mining Recorder to reduce the number of units included in the claim if

  • (a) a certificate of work in respect of the claim sets out a cost of work of at least $135 per unit;

  • (b) each unit included in the reduced-area claim is contiguous to another unit in that claim; and

  • (c) the units included in the reduced-area claim do not enclose a unit that is not included in that claim.

• Marginal note:One application per year

  (2) Not more than one application for a reduced-area claim may be made per year beginning on the date of the recording of the original claim.

• Marginal note:Recording of reduced-area claim

  (3) The Mining Recorder must record the reduced-area claim if the conditions set out in subsections (1) and (2) are met.

• Marginal note:Effect of recording

  (4) When a reduced-area claim is recorded,

  • (a) the recording date of the original claim is considered to be its recording date;

  • (b) the information recorded, including the applications and the documents filed with respect to the original claim, is considered to have been recorded or presented with respect to the reduced-area claim; and

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

• Marginal note:Opening of lands for prospecting

  (5) Subject to subsection (6) and section 14, the lands in the original claim that are not within the reduced-area claim are open for prospecting, and the units containing those lands are available for recording as a claim, beginning on the 31st day after the day on which the recording of the original claim is cancelled.

• Marginal note:Delay in opening lands — environmental damage

  (6) If the Minister has reasonable grounds to believe that there is unremedied environmental damage to the lands referred to in subsection (5), 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 the recording of the original claim is cancelled under paragraph (4)(c), the former claim holder and any person related to the former claim holder are not permitted to apply to record a claim that includes any unit that was included in the original claim but does not form part of the reduced-area claim or to acquire a legal or beneficial interest in respect of that claim.

• Marginal note:Reduction — subsections 39(1) and 40(1)

  (8) For the application of subsections 39(1) and 40(1), the number of units included in the claim is considered to be reduced on the first anniversary date of the recording of the claim following the reduction.