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Northwest Territories Mining Regulations (SOR/2014-68)

Regulations are current to 2023-01-11 and last amended on 2017-06-19. Previous Versions

Claims (continued)

Cancellation of Recording of Claims

Marginal note:Notice of cancellation

  •  (1) If the Mining Recorder has information that either of the following circumstances apply in respect of a recorded claim, the Mining Recorder must immediately send the claim holder a notice that the recording of the claim will be cancelled unless, within 60 days, the holder can show that the information is not correct:

    • (a) the claim holder knowingly made a false or misleading statement on the application to record the claim;

    • (b) the claim holder has contravened subsection 7(2).

  • Marginal note:Notice to claim holder

    (2) The notice must set out the reason for the impending cancellation and a summary of the evidence to support the cancellation.

  • Marginal note:Default

    (3) If the claim holder has not shown the Mining Recorder that the information is not correct within 60 days after the day on which the notice was sent, the recording of the claim is cancelled.

  • Marginal note:Cancellation of recording or exclusion of lands

    (4) If it is determined that a recorded claim includes any of the following lands, the Mining Recorder must cancel the recording of the claim or, if it is possible to exclude those lands from the claim, must amend the boundaries of the recorded claim to do so and must notify the claim holder accordingly:

    • (a) lands referred to in section 5;

    • (b) lands that were staked in contravention of section 6;

    • (c) lands to which these Regulations do not apply.

Marginal note:Request for cancellation of recording

 The holder of a recorded claim may request the cancellation of the recording of the claim by submitting to the Mining Recorder a written request for cancellation accompanied by the applicable fee set out in Schedule 1.

Marginal note:Date of cancellation

  •  (1) The recording of a claim is cancelled on the day that

    • (a) the Mining Recorder receives the request for its cancellation and payment of the fee under section 54;

    • (b) the time specified in paragraph 60(2)(b) has ended and no application for a lease on the claim has been received; or

    • (c) a lease on the claim has terminated without being renewed or was cancelled under subsection 63(2) or section 64.

  • Marginal note:Prohibition

    (2) For one year after the recording of a claim is cancelled, the former claim holder and any person related to the former claim holder are not permitted to

    • (a) apply for a prospecting permit for a zone, or apply to record a claim, that covers any part of the area that was covered by the claim the recording of which has been cancelled; or

    • (b) acquire a legal or beneficial interest in a prospecting permit or claim referred to in paragraph (a).

Marginal note:Reopening of lands

  •  (1) The lands that were covered by a claim the recording of which has been cancelled under subsection 50(2), section 55 or subsection 62(3) are open for prospecting and staking at noon on the day following the first business day after the day on which the recording of the claim was cancelled.

  • Marginal note:Reopening of lands — 30-day delay

    (2) Subject to section 84, the lands that were covered by a claim the recording of which has been cancelled under subsection 49(3) or 53(3) or paragraph 53(4)(b) are open for prospecting and staking at noon on the day that is 30 days after the day on which the recording of the claim was cancelled.

  • Marginal note:Delay in reopening lands

    (3) If the Minister has reasonable grounds to believe that there is unremedied environmental damage to the lands that were covered by a claim the recording of which has been cancelled under a provision set out in subsection (1) or (2), or the lands referred to in subsection 52(5), the Minister may delay the opening of the lands for prospecting and staking.

Lease of a Recorded Claim

Plan of Survey

Marginal note:Survey required for lease

  •  (1) A holder of a recorded claim who wants to obtain a lease of a recorded claim must

    • (a) obtain a plan of survey of the claim prepared in accordance with the Canada Lands Surveys Act;

    • (b) provide a report of any overlap with a boundary of any other claim;

    • (c) send a copy of the plan of survey, the report and a notice in the prescribed form, by registered mail or courier, to the holders of adjacent recorded claims and leased claims at their addresses on record with the Mining Recorder; and

    • (d) send to the Mining Recorder a copy of the plan of survey, the report, the notice and evidence that the holders of the adjacent claims have received copies of those documents.

  • Marginal note:Perimeter survey

    (2) If two or more contiguous recorded claims are to be included in one lease and their aggregate area, as stated in the applications to record them, does not exceed 1250 hectares, one plan of survey may be prepared that shows only the perimeter of the collection of contiguous claims.

  • Marginal note:Posting of notice

    (3) On receipt of the documents referred to in paragraph (1)(d), the Mining Recorder must post a copy of the notice in the office of the Mining Recorder for a period of 21 days.

Marginal note:Extra charge for additional area — one claim

  •  (1) If the surveyed area of one claim exceeds the area stated in the application to record that claim, the claim holder must pay to the Mining Recorder the charge determined by the formula

    A × C × D

    where

    A
    is the excess area in hectares of the claim;
    C
    is $5; and
    D
    is the number of years from the date of recording of the claim.
  • Marginal note:Extra charge for additional area — collection of claims

    (2) If the surveyed area of contiguous recorded claims that are shown in a plan of survey of their perimeter prepared in accordance with subsection 57(2) exceeds their aggregate area as stated in the applications to record those claims, the claim holder must pay to the Mining Recorder for each claim the charge determined by the formula

    (A / B) × C × D

    where

    A
    is the total excess area in hectares of all of the claims;
    B
    is the number of claims in the survey;
    C
    is $5; and
    D
    is the number of years from the recording date of the claim.
  • Marginal note:Remission

    (3) Remission is granted of the portion of the charge paid or payable under subsection (1) or (2), as the case may be, that does not exceed the cost of work set out in certificates of work issued with respect to the claim or contiguous claims and that has not been remitted under these Regulations.

Marginal note:Recording of plan of survey

 The Mining Recorder must record the plan of survey if

  • (a) 30 days have elapsed after the end of the period for posting of a notice under subsection 57(3) and the Mining Recorder has not received any protest with respect to the survey;

  • (b) the plan of survey has been made by the Surveyor General under section 31 of the Canada Lands Surveys Act;

  • (c) the applicable fee set out in Schedule 1 has been paid;

  • (d) the requirements of section 57 have been met; and

  • (e) any charge payable under subsection 58(1) or (2) has been paid.

Requirements Respecting Leases

Marginal note:Application for lease

  •  (1) A holder of a recorded claim who wants to obtain a lease of a recorded claim or a collection of contiguous recorded claims must apply for the lease in the prescribed form.

  • Marginal note:Application fee and limitation period

    (2) The application must

    • (a) be accompanied by the applicable fee set out in Schedule 1; and

    • (b) be received by the Mining Recorder at least one year before the end of the duration of the claim or of the claim that has the earliest recording date of any of the claims in the collection of contiguous claims.

  • Marginal note:Other requirements for lease

    (3) Before a lease is issued,

    • (a) an official plan of survey of the claim, or the collection of contiguous claims, must have been recorded under section 59;

    • (b) certificates of work must have been recorded with respect to the claim, or with respect to each claim in the collection of contiguous recorded claims, that allocate to the claim, or to each claim, a cost of work of at least $25 per hectare, of which the total of the costs of the official plan of survey and of the construction of any roads, airstrips or docks does not exceed $5 per hectare; and

    • (c) the rent for the first year of the lease must have been paid to the Mining Recorder.

  • Marginal note:Extension of duration of claim

    (4) If a claim holder who has applied for a lease advises the Mining Recorder in writing that they cannot, for reasons beyond their control, obtain an official plan of survey and record it before the end of the duration of the claim to be leased,

    • (a) the duration of the recorded claim is extended for one year;

    • (b) the requirements under section 39 and subsection 43(1) do not apply for that year; and

    • (c) the application for a lease on the claim remains valid for that year.

  • Marginal note:Issuance of lease

    (5) If, before the end of the duration of the recorded claim or of the claim that has the earliest recording date of any of the claims in the collection of contiguous recorded claims, the requirements of subsections (1) to (3) are met, the Minister must issue the lease to the claim holder for a term of 21 years.

Marginal note:Annual rent for lease

  •  (1) The annual rent for a lease is $2.50 per hectare during the first term and $5.00 per hectare during each renewed term.

  • Marginal note:When rent is due

    (2) The rent must be paid to the Mining Recorder before the anniversary date of the lease.

Marginal note:Request for renewal of lease

  •  (1) To obtain renewal of a lease, the lessee must, at least six months before the end of the existing lease, submit to the Mining Recorder a written request for renewal accompanied by the applicable fee set out in Schedule 1.

  • Marginal note:Reduction in area of leased claim

    (2) At the time of renewal, the Mining Recorder must reduce the area specified in the lease if, at least 90 days before the end of the existing lease,

    • (a) the lessee requests it and

      • (i) if the lease covers only one recorded claim, that claim has been reduced in area in accordance with section 52, or

      • (ii) otherwise, one or more recorded claims have been removed from the lease; and

    • (b) an official plan of survey of the reduced area has been prepared in accordance with Canada Lands Surveys Act and has been submitted to the Mining Recorder for recording.

  • Marginal note:Cancellation of recording of claim

    (3) The recording of a claim that has been removed from a lease under subparagraph (2)(a)(ii) is cancelled at the time that the renewal of the lease takes effect.

  • Marginal note:Issuance of renewal

    (4) If, before the existing lease ends, the lessee pays the rent for the first year of the renewal, the Minister must issue the renewal for a term of 21 years.

Marginal note:Notice of overdue rent

  •  (1) If rent is not paid within 30 days after the day it is due, the Mining Recorder must send the lessee a notice stating the amount of rent due and the rate of interest payable on that amount.

  • Marginal note:Cancellation of lease for non-payment of rent

    (2) If the rent due, together with interest from the date on which the rent was due, is not paid within 60 days after the day the notice was sent, the lease is cancelled on the 61st day after the notice was sent.

Marginal note:Cancellation of lease by lessee

  •  (1) A lease is cancelled if the lessee submits to the Mining Recorder a written notice of cancellation. The cancellation takes effect on the day the notice is received by the Mining Recorder or, if a later day for cancellation is set out in the notice, on that day.

  • Marginal note:Temporary prohibition relating to former lessee

    (2) For one year after a lease is cancelled, the former lessee and any person related to the former lessee are not permitted to

    • (a) apply for a prospecting permit for a zone, or apply to record a claim, that covers any part of the area that was covered by the cancelled lease; or

    • (b) acquire a legal or beneficial interest in a prospecting permit or claim referred to in paragraph (a).

Transfer of a Prospecting Permit, Claim or Lease

Marginal note:Transfer of permit

 The transfer of a prospecting permit or an interest in it may be recorded only if

  • (a) the transfer is made to a licensee;

  • (b) a request for recording of the transfer is made by the permittee in writing to the Mining Recorder and is signed by the permittee and by the transferee; and

  • (c) the applicable fee set out in Schedule 1 is paid to the Mining Recorder.

Marginal note:Requirements for transfer of recorded claim or lease

  •  (1) The transfer of a recorded claim or a lease of a recorded claim or an interest in either of them may be recorded only if

    • (a) the transfer is made to a licensee;

    • (b) if the transfer is of a recorded claim, a request for recording of the transfer is made by the claim holder in the prescribed form to the Mining Recorder and is signed by the claim holder and the transferee;

    • (c) if the transfer is of a lease,

      • (i) a request for recording of the transfer is made by the lessee in writing to the Mining Recorder and is signed by the lessee and the transferee, and

      • (ii) the rent and any interest on it is paid;

    • (d) the applicable fee set out in Schedule 1 is paid to the Mining Recorder.

  • Marginal note:Transfer of lease includes claims

    (2) The transfer of a lease includes the transfer of the recorded claims to which the lease applies.

  • Marginal note:Condition on transfer within mining property

    (3) The transfer of a lease or a recorded claim either of which is part of a mining property may be recorded only if security in the amount of any unpaid royalties in relation to the mining property has been deposited with the Minister.

Marginal note:Cancellation of recorded claim or lease

  •  (1) The recording of a claim is cancelled, or a lease and the recording of the claims covered by the lease are cancelled, on the day that any of the following events occur:

  • Marginal note:Delay in opening lands

    (2) The lands that were covered by a claim or a lease the recording of which has been cancelled under subsection (1), are not open for prospecting and staking until the Minister opens them.

  • Marginal note:Disposition of interests in lands

    (3) Subject to subsection (7), at any time after the recording of a claim (the original claim) was cancelled under subsection (1), the Minister may, with respect to the lands that were covered by the original claim, instruct the Mining Recorder to record, in the name of a specified person, a new claim that covers those lands.

  • Marginal note:New claim considered as transfer

    (4) When a new claim is recorded under subsection (3),

    • (a) the new claim need not be staked;

    • (b) the recording date for the new claim is considered to be the recording date of the original claim;

    • (c) the information recorded by the Mining Recorder, including the requests and the documents filed with respect to the original claim, are considered to have been recorded or presented with respect to the new claim;

    • (d) despite subsection 33(5), the duration of the new claim extends for a period beginning on the day on which the Minister instructs that the new claim be recorded (the start day) to the next anniversary date of the recording of the original claim that is at least “x” days after the start day, where “x” is equal to the number of days that were left in the duration of the original claim immediately before it was cancelled; and

    • (e) the requirements of paragraphs 39(1)(b) and 43(1)(b) apply with respect to the new claim.

  • Marginal note:Minister may issue new lease

    (5) Subject to subsection (7), at any time after a lease is cancelled under subsection (1), the Minister may issue a new lease that covers the same lands as were covered by the cancelled lease.

  • Marginal note:New lease considered as transfer

    (6) A new lease issued under subsection (5) is considered to be a transfer of the previous lease on the same lands, with the same duration as was left on the previous lease at the time it was cancelled.

  • Marginal note:Conditions

    (7) The Minister may only act under subsection (3) or (5) if

    • (a) the lands covered by the new claim or lease have not been opened for prospecting and staking; and

    • (b) it is in the financial interest of the Crown or will aid in remedying environmental damage on territorial lands.

 
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