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Nunavut Mining Regulations (SOR/2014-69)

Regulations are current to 2020-11-17 and last amended on 2020-11-01. Previous Versions

Application

Marginal note:Nunavut Mining District

 These Regulations apply in respect of the Nunavut Mining District, the area of which is described in Schedule 2 to the Northwest Territories Mining District and Nunavut Mining District Order.

Licence to Prospect

Marginal note:Issuance of licence

  •  (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:Licence not transferable

    (2) A licence is not transferable.

  • Marginal note:Licence valid for one year

    (3) A licence is valid from the date of its issue until March 31 following the date of its issue or, if renewed before March 31, for a period of one year beginning on April 1 following the date of its renewal.

  • Marginal note:Copy of licence

    (4) A licensee may, on request and payment of the applicable fee set out in Schedule 1, obtain from the Mining Recorder a copy of their licence.

Marginal note:Licence authorization — licensee or authorized person

 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).

  • SOR/2020-209, s. 3

Prohibitions Respecting Prospecting and Mining

Marginal note:Lands not open for prospecting

  •  (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.

  • SOR/2020-209, s. 3

Marginal note:Surface rights — prohibition respecting entry

 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.

  • SOR/2020-209, s. 3

Marginal note:Prohibition on removing minerals

  •  (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.

  • SOR/2020-209, s. 4

Prospecting Permits

 [Repealed, SOR/2020-209, s. 5]

 [Repealed, SOR/2020-209, s. 5]

 [Repealed, SOR/2020-209, s. 5]

 [Repealed, SOR/2020-209, s. 5]

 [Repealed, SOR/2020-209, s. 5]

 [Repealed, SOR/2020-209, s. 5]

 [Repealed, SOR/2020-209, s. 5]

 [Repealed, SOR/2020-209, s. 5]

 [Repealed, SOR/2020-209, s. 5]

 [Repealed, SOR/2020-209, s. 5]

 [Repealed, SOR/2020-209, s. 5]

 [Repealed, SOR/2020-209, s. 5]

 [Repealed, SOR/2020-209, s. 5]

 [Repealed, SOR/2020-209, s. 5]

Marginal note:Effect of expiration or cancellation of permit

  •  (1) The lands that were covered by a prospecting permit that has expired or has been cancelled are open for prospecting and staking at noon on the day following the first business day after the day on which the permit expired or was cancelled.

  • Marginal note:Temporary prohibition relating to former permittee

    (2) 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

    • (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 expired or cancelled permit; or

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

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 
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