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Nunavut Mining Regulations (SOR/2014-69)

Regulations are current to 2022-05-02 and last amended on 2021-01-30. Previous Versions

Royalties (continued)

Marginal note:Condition on removal of minerals

  •  (1) Subject to subsection (2), it is prohibited to remove minerals or processed minerals produced from a mine, other than for the purposes of assay and testing to determine the existence, location, extent, quality or economic potential of a mineral deposit in the lands constituting the mining property, until the weight and any other information necessary to establish the value of those minerals or processed minerals has been ascertained and entered in the books of account referred to in subsection 76(1).

  • Marginal note:Condition on removal of precious stones

    (2) Precious stones must not be removed from a mine — other than in a bulk sample or in a concentrate for the purposes of establishing the grade and the value of the stones in a mineral deposit — or cut, polished, sold or transferred, until they have been valued by a mining royalty valuer.

  • Marginal note:Facilities required for valuation

    (3) The operator of a mine must provide, in Nunavut, any facilities and equipment, other than computer equipment, necessary for a mining royalty valuer to value any precious stones produced from the mine.

  • Marginal note:Facilities considered part of mine

    (4) For the purposes of these Regulations, facilities referred to in subsection (3) are considered to be part of the mine and any transfer of the precious stones from one part of the mine to another is not considered to be a removal of the stones from the mine.

  • Marginal note:Cleaning of precious stones

    (5) Precious stones must not be presented to the mining royalty valuer until the operator of the mine has cleaned the stones so as to remove all substances from the stones that are not part of them.

  • Marginal note:Presentation of precious stones to royalty valuer

    (6) As soon as any precious stones have been processed into a saleable form, they must be presented to a mining royalty valuer for valuation.

  • Marginal note:Separate valuation of precious stones

    (7) An operator who produces precious stones and sells or transfers them to persons who are related to the operator must present to a mining royalty valuer

    • (a) all stones that are to be sold or transferred to a person related to the operator, for separate valuation before their sale or transfer; and

    • (b) all stones that are to be cut or polished by the operator or any related party, for separate valuation before their being cut or polished.

  • Marginal note:Presentation of diamonds to royalty valuer

    (8) For the purposes of subsections (6) and (7), unless otherwise agreed on by the operator and the mining royalty valuer, an operator must present to the mining royalty valuer

    • (a) diamonds with a weight of 10.8 carats or more, separately, together with the weight of each diamond;

    • (b) diamonds with a weight from 2.8 carats to 10.79 carats, in lots separated according to weight in carats, together with the number of diamonds per lot;

    • (c) diamonds with a weight from 0.66 carats to 2.79 carats, in lots separated according to weight in grainers, from which randomly selected samples, accurately representing the composition of each lot, have been separated; and

    • (d) diamonds with a weight of less than 0.66 carats, in lots separated according to industry standard DTC sieve sizes, from which randomly selected samples, accurately representing the composition of each lot, have been separated.

  • Marginal note:Estimate of market value of diamonds

    (9) Before diamonds are presented to the mining royalty valuer under subsection (8), the operator must provide an estimate of the market value of each diamond or lot, as the case may be, to the Chief.

General Provisions

Marginal note:Recorded claim and lease subject to public works

 Every recorded claim, whether leased or not, is subject to the right of the Crown and of the Commissioner of Nunavut to construct and maintain roads or other public works on or over the lands covered by the claim.

Marginal note:Suspension — death or incompetency of claim holder

 If the holder of a recorded claim for which no lease has been issued dies or is declared by a court of competent jurisdiction to be incapable of managing their affairs and notice of the death or declaration is filed with the Mining Recorder within 180 days after the date of the death or declaration, and if the recording of the claim was not cancelled before the filing of the notice, the running of a time period within which anything is required to be done by a claim holder with respect to that claim under these Regulations is suspended until the anniversary date of the recording of the claim that is at least 12 months after the day on which the notice was filed.

Marginal note:Extension on account of strike

 If, as a result of a strike, as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act, a holder of a recorded claim or lease is unable, through no fault on their part, to do a thing within the time required by these Regulations, the deadline for doing that thing is extended for a period ending 15 days after the last day of the strike.

Marginal note:Notice considered to be given

 For the purposes of these Regulations, written notice is considered to be given to the recipient if the notice is sent electronically or by registered mail to their address, as shown in the records of the Mining Recorder or Chief.

 [Repealed, SOR/2020-209, s. 28]

 [Repealed, SOR/2020-209, s. 28]

Review by the Minister

Marginal note:Request for ministerial review

  •  (1) Any person with a legal or beneficial interest in the subject matter of a decision made or an action taken or omitted to be taken under these Regulations may request that the Minister review any issue the person has with respect to the decision, action or omission.

  • Marginal note:Requirements for request

    (2) A request for review must be made in writing within 30 days after the day on which the decision is made or the action is taken or, in the case of an omission to take action, within 30 days after the day on which action should have been taken and must specify

    • (a) the name of the requester and their contact information;

    • (b) the issue the requester wishes the Minister to review;

    • (c) the date on which the decision, act or omission took place; and

    • (d) the corrective relief requested.

  • Marginal note:Absence of or error in information

    (3) A review may be undertaken despite a failure to specify, or an error in specifying, any information required under subsection (2).

  • Marginal note:Procedure for review

    (4) After receipt of a request for review, the Minister must

    • (a) provide the requester and all persons with an interest in the issue a reasonable opportunity to be heard;

    • (b) review all information received respecting the issue; and

    • (c) decide the corrective relief, if any, to be taken respecting the issue.

  • Marginal note:Additional information

    (5) The Minister may request the requester or any other person to provide any document or other information that may be relevant to the review.

  • Marginal note:Decision and reasons

    (6) A written statement of the Minister’s decision and the reasons for it must be sent to the requester and all persons with an interest in the issue.

  • Marginal note:Final decision

    (7) The Minister’s decision under this section is not to be the subject of a request for review.

Marginal note:Prohibition against prospecting

 Beginning on the day on which a request for review is received by the Minister and ending on the second business day after the day on which the Minister’s decision is sent, the lands covered by the claim the recording of which was cancelled are not open for prospecting and the units containing those lands are not available for recording as a claim.

Transitional Provisions

Definitions

Marginal note:Definitions

 The following definitions apply in sections 87 to 97.

former Regulations

former Regulations means the Nunavut Mining Regulations as they read immediately before November 1, 2020. (règlement antérieur)

transitional period

transitional period means the period of 90 days beginning on November 1, 2020. (période de transition)

Pending Applications and Requests

Marginal note:Former Regulations apply — certain applications and requests

  •  (1) A request or an application, with respect to a claim or a lease of a recorded claim, that is made to the Mining Recorder in accordance with section 42, 45, 46, 51, 52, 54 or 60, subsection 62(2) or section 66 of the former Regulations that is pending on the first day of the transitional period must be dealt with in accordance with those Regulations.

  • Marginal note:Effective date — recording of reduced-area claim

    (2) Despite subsection (1) and subsection 52(3) of the former Regulations, the recording of a reduced-area claim is effective on the date of its recording.

  • Marginal note:Plan of survey for lease application

    (3) Despite subsection (1) and subsection 60(4) of the former Regulations, a plan of survey of the claim must have been made under section 31 of the Canada Lands Surveys Act before the first day of the transitional period.

Reduced-area Claim Recorded Before Transitional Period

Marginal note:Effective date

 Despite subsection 52(3) of the former Regulations, the recording of a reduced-area claim that is not effective on the first day of the transitional period becomes effective on that day. Subsections 52(4) to (6) of the former Regulations continue to apply to that claim.

Applications and Requests During Transitional Period

Marginal note:Recording of a staked claim

 If a claim has been staked in accordance with the former Regulations before the first day of the transitional period, an application to record the claim may be submitted to the Mining Recorder under section 33 of those Regulations and must be dealt with in accordance with those Regulations.

Marginal note:Renewal of lease

 An application for the renewal of a lease of a recorded claim may be submitted to the Mining Recorder under subsection 62(1) of the former Regulations on or before the last day of the transitional period if the lease expires within one year following the last day of the transitional period. The application must be dealt with in accordance with the former Regulations.

Marginal note:Transfer of lease

 A request for the transfer of a lease of a recorded claim or an interest in such a lease may be made to the Mining Recorder under section 66 of the former Regulations on or before the last day of the transitional period and must be dealt with in accordance with the former Regulations.

Report of Work

Marginal note:Report not evaluated

 Sections 41, 44, 45 and 47 to 50 of the former Regulations continue to apply in respect of a report of work that was or should have been submitted to the Mining Recorder in accordance with paragraph 40(a) of the former Regulations before the first day of the transitional period.

Prospecting Permits

Marginal note:Former Regulations apply

  •  (1) Sections 12, 14 to 21, 65 and 80, subsection 83(2) and Schedule 2 of the former Regulations continue to apply in respect of prospecting permits issued under those Regulations.

  • Marginal note:Exception

    (2) Despite subsection (1) and section 18 of the former Regulations, a permittee may not make an application to record a claim during the transitional period.

  • Marginal note:Definitions of cost of work and work

    (3) The definitions cost of work and work in subsection 1(1) of these Regulations apply, in respect of prospecting permits issued under the former Regulations, to work done after the last day of the transitional period.

  • Marginal note:Opening of lands for prospecting

    (4) Subject to subsection (6) and section 14 of these Regulations, the lands that were covered by a prospecting permit that expires or is cancelled after the last day of the transitional period are open for prospecting and the units containing those lands are available for recording as a claim beginning at noon on the day following the first business day after the day on which the permit expired or was cancelled.

  • Marginal note:Prohibition against prospecting during review by Minister

    (5) Beginning on the day on which a request for review under section 84 with respect to lands that were covered by the prospecting permit in question is received by the Minister and ending on the second business day after the day on which the Minister’s decision is sent, those lands are not open for prospecting and the units containing those lands are not available for recording as a claim.

  • Marginal note:Delay in opening lands for environmental damage

    (6) If the Minister has reasonable grounds to believe that there is unremedied environmental damage to the lands referred to in subsection (4), 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 a prospecting permit expires or is cancelled, the former permittee and any person related to the former permittee are not permitted to make an application to record a claim that includes any unit that was included in the prospecting permit zone of the expired or cancelled permit or to acquire a legal or beneficial interest in respect of that claim.

Dispute Respecting Recording of Claim

Marginal note:Notice of protest

 A notice of protest may be filed with the Supervising Mining Recorder under subsection 37(1) of the former Regulations within one year after the day on which the disputed claim was recorded under subsection 33(4) of those Regulations. The dispute must be dealt with in accordance with the former Regulations.

 
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