Nunavut Mining Regulations (SOR/2014-69)

Marginal note:Allocation of excess cost of work

• 44 (1) Subject to subsection (2), if a recorded claim is not grouped under section 45 and the cost of work that has been justified in a report in respect of that claim exceeds the cost of work required to be done on it under subsection 39(1) at the time the certificate of work respecting the report is ready to be issued under subsection 47(1), the Mining Recorder must allocate the excess cost of work to the next year or years for which work is still required to be done on the claim under subsection 39(1).

• Marginal note:Application — excess

  (2) At any time before the evaluation of the report has been completed, the holder of a recorded claim may make an application to the Mining Recorder not to allocate the excess cost of work or to allocate it to fewer years for which work is still required to be done under subsection 39(1).

• Marginal note:Allocation or non-allocation

  (3) The Mining Recorder must comply with the application.

• Marginal note:Application — unallocated excess

  (4) The holder of a recorded claim may make an application to the Mining Recorder for the allocation of any unallocated excess cost of work as specified in the application.

• Marginal note:Allocation of excess cost of work

  (5) If the unallocated excess cost of work is sufficient, the Mining Recorder must allocate it as specified in the application.

Marginal note:Grouping of recorded claims

• 45 (1) Recorded claims may be grouped for the purpose of allocating the cost of work done with respect to them if

  • (a) the claims are contiguous;

  • (b) the grouping does not result in the enclosing of a unit that is not included in one of the claims;

  • (c) the total number of units in the group does not exceed 400; and

  • (d) none of the claims is leased.

• Marginal note:Application for grouping

  (2) An application to group recorded claims must be made to the Mining Recorder and must be accompanied by the applicable fee set out in Schedule 1.

• Marginal note:Grouping certificate

  (3) If the requirements set out in subsections (1) and (2) are met, the Mining Recorder must issue a grouping certificate respecting the claims to each of the claim holders.

• Marginal note:Duration of certificate

  (4) A grouping certificate takes effect on the day on which the fee referred to in subsection (2) is received and ceases to have effect on the earliest of

  • (a) the day on which the recording of any claim in the group is cancelled under section 50, subsection 53(3), section 54 or 55 or subsection 67(1),

  • (b) the day on which a lease of any claim in the group takes effect, and

  • (c) the day on which a new grouping certificate in respect of any claim in the group takes effect.

Marginal note:Application for allocation — grouping

• 46 (1) On application by one of the holders of a recorded claim listed in a grouping certificate, the Mining Recorder must allocate, in accordance with the application, the cost of work that has been justified in a report, for any year referred to in ss. 39(1), in respect of any of the claims listed in the grouping certificate to any of the other claims listed in the certificate.

• Marginal note:Limit on reallocation

  (2) The cost of work allocated to a recorded claim referred to in a grouping certificate must not be reallocated to any recorded claim referred to in another grouping certificate.

Marginal note:Issuance of certificate of work

• 47 (1) Subject to subsection 97(5), the Mining Recorder must issue a certificate of work if

  • (a) the evaluation of a report respecting a recorded claim has been completed; or

  • (b) an allocation of the excess cost of work has been done under subsection 44(1), (3) or (5) or 46(1).

• Marginal note:Content of certificate of work

  (2) A certificate of work respecting a claim must set out the cost of work and the allocation of the cost of work.

Marginal note:Remission of charge

• 48 (1) Remission of the charges paid or payable in respect of a year referred to in subsection 40(1) is granted in an amount equal to the cost of work allocated to a recorded claim during that year in the certificate of work.

• Marginal note:Repayment

  (2) Any charge referred to in subsection 40(1) that has been paid to the Mining Recorder and that is remitted under this section must be repaid by the Minister to the person entitled to it.

Marginal note:Insufficient work

• 49 (1) Subject to paragraph 50(c), if a certificate of work sets out an allocated cost of work that is less than the amount required by subsection 39(1), the holder of the recorded claim must pay a charge that is equal to the difference between the charges referred to in subsection 40(1) and the allocated cost of work set out in the certificate.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of the year beginning on the day on which a claim is recorded under subsection 13(1).

• Marginal note:Payment of charge

  (3) The claim holder must pay the charge within 120 days after the day on which the certificate is issued.

Marginal note:Application for extension

• 49.1 (1) The claim holder may make an application to the Mining Recorder for an extension for a one-year period to do the work as required under subsection 39(1).

• Marginal note:Charge

  (2) The application must be accompanied by an amount equal to the charge set out in any of paragraphs 40(1)(b) to (f) that is payable for the year in respect of which the extension is sought.

Marginal note:Certificate of extension

• 49.2 (1) The Mining Recorder must issue to the holder of a recorded claim a certificate of extension for a one-year period to do the work if

  • (a) in the case of a certificate of work setting out that the allocated cost of work is less than the amount required by subsection 39(1), the requirements set out in subsections 49(1) and (3) are met; and

  • (b) in the case where an application for an extension for a one-year period to do the work is made to the Mining Recorder, the requirement set out in subsection 49.1(2) is met.

• Marginal note:Exception

  (2) Subsection (1) does not apply if five certificates of extension have already been issued in respect of the claim under that subsection.

Marginal note:Cancellation of recording

50 The recording of a claim is cancelled on

• (a) the day after the last day on which a report must be submitted under section 41 or subsection 97(1), if a report in respect of the claim has not been submitted before that day in accordance with section 42 and

  • (i) a certificate of extension has not been issued in respect of the claim under paragraph 49.2(1)(b), or

  • (ii) a suspension in respect of the claim has not been recorded under section 51,

• (b) subject to section 84, the day that is 121 days after the day on which a certificate of work setting out that the allocated cost of work is less than the amount required by subsection 39(1) has been issued in respect of the claim unless a certificate of extension has been issued to the claim holder under paragraph 49.2(1)(a), and

• (c) if five certificates of extension have already been issued in respect of the claim under section 49.2, the day on which any subsequent certificate of work setting out that the allocated cost of work is less than the amount required by subsection 39(1) is issued.

Suspension

Marginal note:Application for suspension

• 51 (1) If a holder of a recorded claim is unable to do the work as required under subsection 39(1) because the claim holder is, for reasons beyond the claim holder’s control, waiting for a public authority to give an authorization or decision without which the work cannot proceed, the claim holder may make an application for a suspension of one year with respect to the claim — beginning on the anniversary date of the recording of the claim — of the work requirements set out in subsection 39(1) and the charges under subsection 40(1).

• Marginal note:Time limit for application

  (2) The application must be made to the Supervising Mining Recorder not later than 120 days after the end of the year for which the suspension is applied for and must be accompanied by documents showing that the claim holder is waiting for the authorization or decision.

• Marginal note:Companies’ Creditors Arrangement Act

  (3) If an order under section 11.02 of the Companies’ Creditors Arrangement Act has been made with respect to a claim holder, the holder of a recorded claim may make an application for a suspension, with respect to that claim, of the work requirements set out in subsection 39(1) and the charges under subsection 40(1) until the first anniversary date of the recording of the claim that is at least 12 months after the day on which the order has ceased to have effect.

• Marginal note:Time limit for application

  (4) The application must be made to the Supervising Mining Recorder not later than 120 days after the day on which the order was made and must be accompanied by a copy of the order.

• Marginal note:Recording of suspension

  (5) If the requirements set out in subsections (1) and (2) or (3) and (4) are met, the Supervising Mining Recorder must record the suspension.

• Marginal note:Effect of suspension

  (6) When a suspension of the work requirements set out in subsection 39(1) and the charges under subsection 40(1) is recorded,

  • (a) the duration of the claim is extended by the duration of the suspension; and

  • (b) for the purpose of determining a year referred to in subsections 39(1) and 40(1), any year included in a suspension is to be excluded.

Reduction of Area of a Recorded Claim

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.