Marginal note:Recorded claim and lease subject to public works
78 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
79 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
80 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.
- 2017, c. 9, s. 58
- SOR/2020-209, s. 27
Marginal note:Notice considered to be given
81 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.
- SOR/2020-209, s. 27
Marginal note:Recording of documents
(a) every judgment or order relating to the ownership of a recorded claim or a lease made by a court of competent jurisdiction, the Minister, the Supervising Mining Recorder or the Mining Recorder;
(b) in respect of the recorded claims and leases that constitute a mining property or an interest in that property, a notice of any mining royalties payable that have not been paid within 30 days after
(i) the delivery to the Chief of a mining royalty return in respect of that property or interest, or
(ii) when a notice of assessment or reassessment has been sent under subsection 75(1) or (2), the date of the notice of assessment or reassessment, unless a request for review of the assessment or reassessment has been made under section 84; and
(c) on the payment of the applicable fee set out in Schedule 1, every other document filed in relation to a recorded claim or a lease.
Marginal note:Recording considered to give notice
(2) All persons are considered to have received notice of every document recorded under subsection (1) as of the date of the recording of the document.
Marginal note:Transfer subject to encumbrances
(3) A transfer of a recorded claim or a lease, or any interest in either, is subject to all judgments, orders, liens and other encumbrances that were recorded against the claim or lease, or any interest in them, at the time of the recording of the transfer.
Marginal note:Consultation of records
Marginal note:Limit on consultation
(2) A person is not permitted to consult or obtain a copy of a report submitted under subsection 15(1) or 41(1) until the earlier of
Review by the Minister
Marginal note:Request for ministerial review
84 (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
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
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.
85 [Repealed, SOR/2020-209, s. 29]
86 The following definitions apply in sections 87 to 95.
- 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)
- SOR/2020-209, s. 31
Pending Applications and Requests
Marginal note:Former Regulations apply — certain applications and requests
87 (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.
- SOR/2020-209, s. 31
Reduced-area Claim Recorded Before Transitional Period
Marginal note:Effective date
88 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.
- SOR/2020-209, s. 31
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