Nunavut Mining Regulations

Marginal note:Cancellation of recorded claim or lease

• 67 (1) The recording of a claim is cancelled, or a lease and the recording of the claims covered by the lease are cancelled, on the day that any of the following events occur:

  • (a) the Minister has realized on a charge or security over the real property of the claim holder or the lessee for the costs of remedying any environmental condition or environmental damage under subsection 11.8(8) of the Companies’ Creditors Arrangement Act or subsection 14.06(7) of the Bankruptcy and Insolvency Act;

  • (b) the interests in territorial lands represented by the claim or lease have reverted to the Crown as a result of a court order made under the Companies’ Creditors Arrangement Act or the Bankruptcy and Insolvency Act;

  • (c) the Minister has accepted the claim or lease as a security in respect of a debt or other obligation owed to the Crown and the Minister has realized on the security under section 156 of the Financial Administration Act.

• Marginal note:Delay in opening lands

  (2) The lands that were covered by a claim or a lease the recording of which has been cancelled under subsection (1), are not open for prospecting and staking until the Minister opens them.

• Marginal note:Disposition of interests in lands

  (3) Subject to subsection (7), at any time after the recording of a claim (the original claim) was cancelled under subsection (1), the Minister may, with respect to the lands that were covered by the original claim, instruct the Mining Recorder to record, in the name of a specified person, a new claim that covers those lands.

• Marginal note:New claim considered as transfer

  (4) When a new claim is recorded under subsection (3),

  • (a) the new claim need not be staked;

  • (b) the recording date for the new claim is considered to be the recording date of the original claim;

  • (c) the information recorded by the Mining Recorder, including the requests and the documents filed with respect to the original claim, are considered to have been recorded or presented with respect to the new claim;

  • (d) despite subsection 33(5), the duration of the new claim extends for a period beginning on the day on which the Minister instructs that the new claim be recorded (start day) to the next anniversary date of the recording of the original claim that is at least “x” days after the start day, where “x” is equal to the number of days that were left in the duration of the original claim immediately before it was cancelled; and

  • (e) the requirements of paragraphs 39(1)(b) and 43(1)(b) apply with respect to the new claim.

• Marginal note:Minister may issue new lease

  (5) Subject to subsection (7), at any time after a lease is cancelled under subsection (1), the Minister may issue a new lease that covers the same lands as were covered by the cancelled lease.

• Marginal note:New lease considered as transfer

  (6) A new lease issued under subsection (5) is considered to be a transfer of the previous lease on the same lands, with the same duration as was left on the previous lease at the time it was cancelled.

• Marginal note:Conditions

  (7) The Minister may only act under subsection (3) or (5) if

  • (a) the lands covered by the new claim or lease have not been opened for prospecting and staking; and

  • (b) it is in the financial interest of the Crown or will aid in remedying environmental damage on territorial lands.