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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

Transitional Provisions (continued)

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.

  • SOR/2020-209, s. 31

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.

  • SOR/2020-209, s. 31

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.

  • SOR/2020-209, s. 31

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.

  • SOR/2020-209, s. 31

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.

  • SOR/2020-209, s. 31

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.

  • SOR/2020-209, s. 31

Deeming Provision

Marginal note:Provision repealed, replaced or added

  •  (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.

  • SOR/2020-209, s. 31
 
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