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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

Prospecting Permits (continued)

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

 [Repealed, SOR/2020-209, s. 7]

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.

 [Repealed, SOR/2020-209, s. 10]

Marginal note:Date of cancellation

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

    • (a) [Repealed, SOR/2020-209, s. 12]

    • (b) [Repealed, SOR/2020-209, s. 12]

    • (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).

  • SOR/2020-209, s. 12

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.

 [Repealed, SOR/2020-209, s. 14]

 [Repealed, SOR/2020-209, s. 14]

 [Repealed, SOR/2020-209, s. 14]

Requirements Respecting Leases

 [Repealed, SOR/2020-209, s. 16]

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:Waiver of payment of annual rent — COVID-19

    (3) Due to the COVID-19 pandemic, the Minister must waive the payment of the annual rent for a lease that becomes due under subsection (2) during the year beginning on March 13, 2020, if the Supervising Mining Recorder receives a written request for a waiver from the lessee before March 13, 2021.

  • Marginal note:Annual rent paid — COVID-19

    (4) However, if the annual rent for a lease has already been paid to the Mining Recorder under subsection (2) during the year beginning on March 13, 2020, the Minister must waive the payment of rent for the following year, but the amount waived by the Minister must not exceed the rent paid to the Mining Recorder during the year beginning on March 13, 2020.

  • SOR/2020-174, s. 2

 [Repealed, SOR/2020-209, s. 19]

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).

 
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