Nunavut Mining Regulations (SOR/2014-69)

Deeming Provision

Marginal note:Provision repealed, replaced or added

• 95 (1) For the purpose of these Regulations, except sections 86 to 94, during the transitional period, any reference

  • (a) to a provision — or any concept referred to in a provision — that has been repealed or replaced on November 1, 2020, is deemed to be a reference, during that period, to that provision as it read immediately before that date; and

  • (b) to a provision that has been added to these Regulations on November 1, 2020 but that is not in force, is deemed not to form part of that provision during that period.

• Marginal note:Staking of lands

  (2) Despite paragraph (1)(a),

  • (a) the reference to the staking of lands is deemed not to form part of subsection 22(1) and section 56 of these Regulations during the transitional period; and

  • (b) the reference to the staking of lands under subsections 52(5) and 67(2) and section 85 of the former Regulations is deemed not to form part of paragraph 5(1)(c) of these Regulations during the transitional period.

Conversion of Claims

Marginal note:Definition of original claim

• 96 (1) For the purposes of this section, an original claim means a claim that is recorded under section 33 of the former Regulations, except for

  • (a) a leased claim; and

  • (b) a claim in respect of which, before the first day of the transitional period, an application for a lease is pending and a plan of survey has been made under section 31 of the Canada Lands Surveys Act.

• Marginal note:Recording as converted claim

  (2) On the day following the end of the transitional period, the Mining Recorder must record any original claim as a converted claim. Subject to subsections (3) and (4), the converted claim includes the units covered, partly or totally, by that claim.

• Marginal note:Lands included in a converted claim

  (3) If a unit contains, partly or totally, only one claim and other lands, those lands, other than lands referred to in subsection 5(1), become part of the converted claim.

• Marginal note:More than one recorded claim

  (4) If a unit contains, partly or totally, more than one claim and other lands, each of those lands, other than lands referred to in subsection 5(1), becomes part of one of the converted claims, in accordance with the following order of priority:

  • (a) the converted claim that is contiguous to that land and, if two or more are contiguous to it, the claim that encompasses the original claim that was staked first; and

  • (b) the converted claim that encompasses the original claim that was staked first.

• Marginal note:Effect of recording

  (5) When a converted claim is recorded,

  • (a) the information recorded under the former Regulations, including the applications and the documents filed with respect to the original claim, are considered to have been recorded or presented with respect to the converted claim; and

  • (b) the recording of the original claim is cancelled.

• Marginal note:Amended recording date

  (6) On the anniversary date of the recording of the original claim that, but for the cancellation of its recording under paragraph (5)(b), would have followed the transitional period, the Mining Recorder must amend the date of the recording of the converted claim to that date.

Report and Certificate of Work for Converted Claim

Marginal note:Submission of report

• 97 (1) The holder of a converted claim must, in respect of the work required to be done under subsection 39(1), submit to the Mining Recorder

  • (a) not later than the 120th day beginning on the anniversary date following the amended recording date referred to in subsection 96(6) for that claim, a report of work referred to in section 42 in respect of the year preceding that anniversary date; and

  • (b) not later than the 120th day beginning on each subsequent anniversary date

    • (i) a report of work referred to in section 42 in respect of the previous year, or

    • (ii) an application for a one-year extension referred to in section 49.1 to do the work.

• Marginal note:Work reported — recording date

  (2) For the application of subsections 42(2) and (3), the day on which the claim was recorded, in the case of a converted claim, means the recording date referred to in subsection 33(4) of the former Regulations.

• Marginal note:Exception

  (3) Subsection (1) does not apply for any year for which a certificate of work has been issued under subsection 47(1) of the former Regulations setting out that an amount for the cost of work that is required to be done in respect of that claim for that year has been allocated.

• Marginal note:Remission of charge

  (4) Remission is granted in an amount equal to the difference between the charges payable referred to in subsection 40(1) in respect of any year referred to in subsection (3) and the allocated cost of work done set out in a certificate of work issued under subsection 47(1) of the former Regulations in respect of any of those years.

• Marginal note:Certificate of work

  (5) A certificate of work must not be issued under subsection 47(1) in respect of a converted claim before the amended recording date referred to in subsection 96(6) for that claim.

Reduction in Area of Converted Claims

Marginal note:Making an application

• 98 (1) Despite subsection 52(2), the holder of a converted claim must not make an application for reduction in area to the Mining Recorder to reduce the number of units included in that claim before the amended recording date referred to in subsection 96(6) for that claim.

• Marginal note:Period of 12 months

  (2) Despite subsections 52(1), (3) and (8), in the case of an application made to the Mining Recorder during the 12-month period beginning on the amended recording date referred to in subsection 96(6) for that claim,

  • (a) the requirement set out in paragraph 52(1)(a) does not apply; and

  • (b) for the application of subsections 39(1) and 40(1), the number of units included in the converted claim is considered to be reduced on the amended recording date.