GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Northwest Territories Mining Regulations — 66
Requirements for transfer of recorded claim or lease 66 (1) The transfer of a recorded claim or a lease of a recorded claim or an interest in either of them may be recorded only if (a) the transfer is made to a licensee; (b) if the transfer is of a recorded claim, a request for recording of the transfer is made by the claim holder in the prescribed form to the Mining Recorder and is signed by the claim holder and the transferee; (c) if the transfer is of a lease, (i) a request for recording of the transfer is made by the lessee in writing to the Mining Recorder and is signed by the lessee and the transferee, and (ii) the rent and any interest on it is paid; (d) the applicable fee set out in Schedule 1 is paid to the Mining Recorder. Transfer of lease includes claims (2) The transfer of a lease includes the transfer of the recorded claims to which the lease applies. Condition on transfer within mining property (3) The transfer of a lease or a recorded claim either of which is part of a mining property may be recorded only if security in the amount of any unpaid royalties in relation to the mining property has been deposited with the Minister.
Northwest Territories Mining Regulations — 68
Commencement of production of mine 68 (1) For the purposes of these Regulations, the date on which a mine commences production is (a) if the mine includes a mill or concentrator, the first day of the first 90-day period during which the mill or concentrator operates at an average of at least 60% of its rated capacity; or (b) otherwise, the day the mine begins to produce minerals in reasonable commercial quantities. Presumptions respecting mineral or processed mineral (2) For the purposes of these Regulations, a mineral or processed mineral is considered to (a) be produced and be part of the output of a mine if the mineral or processed mineral is in a saleable form or has been removed from the mine; and (b) form part of the output of the mine if it is produced from the reprocessing of tailings from a mine. Presumptions respecting related persons (3) For the purposes of these Regulations, (a) if minerals or processed minerals that have been sold by an operator to a person not related to the operator are later sold to a person related to the operator, those minerals or processed minerals are considered to have been sold by the operator to a related person; and (b) if minerals or processed minerals that have been sold by an operator to a person related to the operator are later sold to a person not related to the operator and proof of that sale is provided, those minerals or processed minerals are considered to have been sold by the operator to a person not related to the operator.
Northwest Territories Mining Regulations — 69
ging transactions (13) Gains and losses from hedging transactions must not be included in calculating the value of the mine’s output. Exchange rate (14) For the purpose of these Regulations, the Bank of Canada’s noon exchange rate must be used to convert foreign currencies into Canadian dollars (a) as of the date of that transaction if a transaction is carried out in a foreign currency; and (b) as of the last day of the fiscal year if inventories have been valued in a foreign currency. Operating costs for operations outside Canada (15) When operating costs are incurred for operations outside of Canada, the operator may convert foreign currency transactions for those costs into Canadian dollars using the Bank of Canada’s average noon exchange rate for the month in which those costs were incurred.
Northwest Territories Mining Regulations — 71
Change of owner or operator has no effect 71 (1) A change in the ownership or of the operator of a mine does not affect (a) the undeducted balance of the depreciable assets eligible for a depreciation allowance; (b) the undeducted balance of the costs eligible for a development allowance; (c) the undeducted balance of contributions to a mining reclamation trust; or (d) the original cost of the assets used for calculating a processing allowance. Costs not eligible for development allowance (2) Subject to paragraph 70 (1)(i), when a recorded claim expires or its recording is cancelled, or a lease expires or is cancelled, any costs incurred in respect of that claim or lease that would otherwise be eligible for a development allowance are no longer eligible for a development allowance in respect of any mine. Combining operations on two mining properties (3) If a mining property is acquired by the operator of another mine and the operations on the two mining properties are combined to become a single operation, the undeducted balance of the costs eligible for the development allowance, the undeducted balance of the cost of the depreciable assets eligible for the depreciation allowance, the undeducted balance of the contributions to a mining reclamation trust and the original cost of the processing assets eligible for the processing allowance for each mine must be combined. Valuations when mining property purchased from Crown (4) For the purpose of subsection (3), if an operator purchases a mining property from the Crown, the value of the undeducted balance of the costs eligible for the development allowance, of the undeducted balance of the cost of the depreciable assets eligible for the depreciation allowance and of the original cost of the processing assets eligible for the processing allowance of the purchased mine is the lesser of the value established at the time the Crown acquired the mining property and the value established in the agreement of purchase and sale for that property.
Northwest Territories Mining Regulations — 72
Statement respecting minerals whose gross value exceeds $100,000 72 (1) If, in a particular year, minerals or processed minerals that are from a leased claim and whose gross value exceeds $100,000 are processed at a mine, removed from a mine, sold or otherwise disposed of, the lessee must, within one month after the end of that year, deliver to the Chief a statement setting out (a) the name and a description of the mine; (b) the names and addresses of all owners, operators and other lessees of the mine; (c) the name and address of a person to whom notices may be sent; (d) the weight and value of minerals or processed minerals processed at the mine, removed from the mine, sold or otherwise disposed of during the year and during each month of that year; and (e) the design capacity of any mill, concentrator or other processing plant at the mine. Notice of changes (2) A lessee who has delivered a statement under subsection (1) must promptly notify the Chief of (a) any change in the name and address of the person to whom notices may be sent; and (b) any change in the ownership or of the operator of the mine.
Northwest Territories Mining Regulations — 73
 at the beginning of the fiscal year, (ii) the original cost of any new processing assets added to the mine during the fiscal year, (iii) the original cost of any processing assets that were substituted for other processing assets of the mine during the fiscal year, (iv) the original cost of any processing assets for which other processing assets were substituted during the fiscal year, (v) the original cost of any processing assets not used, sold, discarded or otherwise disposed of during the fiscal year, and (vi) the original cost of the processing assets at the end of the fiscal year; (l) any payment received during the fiscal year that is related to a cost that has been claimed as a deduction or allowance; and (m) any amount by which the proceeds of disposition of assets for which a depreciation allowance has been claimed exceed the undeducted balance of depreciable assets at the end of the fiscal year in which the assets were disposed of. Documents to accompany royalty return (2) Every mining royalty return must be (a) accompanied by the financial statements for the mine or, if the mine has no financial statements, the financial statements of the operator of the mine, and a reconciliation of those financial statements to the mining royalty return; and (b) signed by the operator of the mine and include a statement under oath or solemn affirmation by the operator or, if the operator is a corporation, by an officer of the corporation, that the financial statements are to that person’s knowledge and belief complete and correct. Royalty return — election under subsection 69 (7) (3) If a mine’s operator makes an election under subsection 69 (7), (a) the operator must deliver the initial mining royalty return for the fiscal year using the market value of the inventories of minerals or processed minerals and then deliver an amended mining royalty return once those inventories have been sold; and (b) the operator must deliver a mining royalty return for the mine’s subsequent fiscal years if there are any amounts that qualify for determining the values of D to H in subsection 69 (4), or if the mine recommences production.
Northwest Territories Mining Regulations — 74
Royalty returns for certain joint ventures 74 (1) If a mine is operated as a joint venture and each member of the joint venture takes its share of the output of the mine in kind and sells that share separately and independently from other members of the joint venture to purchasers who are not related to any of the members of the joint venture, (a) each member may deliver to the Chief a separate mining royalty return for the royalty payable under subsection 69 (1) on the value of its share of the output of the mine, in lieu of including that information in a mining royalty return delivered under subsection 73 (1); and (b) each member, and any person related to that member, is liable to pay only those royalties attributable to that member’s share of the output of the mine. Joint venture respecting single mine (2) When, under subsection (1), more than one member of a joint venture delivers a mining royalty return to the Chief for a single mine, (a) each member of the joint venture is considered to be a separate operator for the purposes of these Regulations; (b) each member must indicate on the mining royalty return the percentage of the output of the mine represented by that mining royalty return; (c) the value of the output on the mining royalty return for each member must be calculated in accordance with section 69 using (i) in respect of costs eligible for deductions under paragraphs 70 (1)(a) to (f), (A) a percentage of costs that have been jointly incurred, equal to the percentage of the output of the mine received by that member, and (B) the costs that have been incurred by that member alone, (ii) in determining a deduction for exploration costs under paragraph 70 (1)(g), the exploration costs incurred by that member alone, (iii) a depreciation allowance based on (A) a percentage of the depreciable assets of the mine that are jointly held, equal to the percentage of the output of the mine received by that member, and (B) the depreciable assets of the mine that are held by the member alone, (iv) a development allowance based on (A) a percentage of the costs referred to in subparagraphs 70 (1)(i)(i) to (v) that have been jointly incurred, equal to the percentage of the output of the mine received by that member, and (B) the costs referred to in subparagraphs 70 (1)(i)(i) to (v) that have been incurred by that member alone, (v) a mining reclamation trust contribution allowance equal to the amount contributed to a mining reclamation trust in respect of lands to which these Regulations apply by that member, and (vi) a processing allowance based on (A) a percentage of the processing assets of the mine that are jointly held equal to the percentage of the output of the mine received by that member, and (B) the processing assets of the mine that are held by that member alone; (d) the amounts in column 1 of the table to subsection 69 (1) must be adjusted by multiplying each amount by a percentage equal to the percentage of the output of the mine received by that member; and (e) each mining royalty return must be based on the same fiscal year.
Northwest Territories Mining Regulations — 75
Notice of assessment of royalties 75 (1) Within six years after the end of a particular fiscal year of a mine, the Chief must send to the operator of the mine a notice of assessment for the amount of the royalty payable for that fiscal year. Notice of reassessment (2) If, during or after the period referred to in subsection (1), there are reasonable grounds to believe that the operator of a mine or any other person who delivers a mining royalty return has made a fraudulent or negligent misrepresentation in completing the mining royalty return or in supplying any other information under section 73 or 74 , the Chief may send a notice of reassessment for the amount of the royalty payable for a fiscal year in respect of the mine. When royalties are considered payable (3) If the Chief sends an operator a notice of assessment or reassessment for the amount of royalty payable for a fiscal year, the amount of royalty assessed or reassessed for the fiscal year is considered to be payable on the last day of the fourth month after the end of that fiscal year. Royalty returns when ownership of mine changes (4) If the ownership of a mine changes, the operator may file a separate mining royalty return for the portion of the fiscal year before the change of ownership and the portion of the fiscal year after the change of ownership, and each such portion is considered to be a fiscal year of less than 12 months for the purposes of subsection 70 (2).
Northwest Territories Mining Regulations — 76
Record keeping 76 (1) Every operator of a mine must keep at an office in Canada and make available to the Chief, to substantiate information required on mining royalty returns, (a) records, books of account and other documents evidencing (i) the weight of all minerals extracted from the mine and of all minerals or processed minerals processed at the mine, whether or not they are produced from the mine, (ii) the weight and value of all minerals or processed minerals produced from the mine, sold, transferred or removed from the mine by the mine’s operator, (iii) any amounts received from a processing plant and any other amounts received from the sale of minerals or processed minerals, and (iv) the costs, payments, allowances and other deductions referred to in section 70 ; (b) the financial statements of the mine and the operator; (c) a reconciliation between the documents referred to in paragraphs (a) and (b) and the mining royalty return; (d) if the financial statements of an owner or the operator of the mine are audited by an external auditor, (i) the audited financial statements and the accompanying signed audit opinion of the external auditor, and (ii) any working papers and documentation prepared by the external auditor that are in the possession of an owner or the operator; (e) any documents filed by an owner or the operator with a stock exchange or securities commission; (f) any documents related to any internal audits of a company that is an owner or the operator; and (g) any other documents that contain information necessary for ascertaining the amount of royalty payable under section 69 . Non-disclosure of confidential information (2) It is prohibited to disclose information of a confidential nature acquired for the purposes of sections 69 to 77 , except (a) to the extent necessary to determine the amount of royalties payable under section 69 ; (b) when required under a land claims agreement referred to in section 35 of the Constitution Act, 1982 ; or (c) under an agreement entered into by the Minister for the purpose of the administration of section 69 with the government of a country, province or state, or with an Aboriginal organization owning mineral rights, under which the officers of that government or Aboriginal organization are provided with the information and the Chief is provided with information from the government or Aboriginal organization.
Northwest Territories Mining Regulations — 78
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 the Northwest Territories to construct and maintain roads or other public works on or over the lands covered by the claim.
Northwest Territories Mining Regulations — 79
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.
Northwest Territories Mining Regulations — 80
Extension on account of strike 80 If, as a result of a strike within the meaning of subsection 2(1) of the Federal Public Sector Labour Relations Act , a holder of a prospecting permit, 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
Northwest Territories Mining Regulations — 81
When written notice is considered to be received 81 For the purposes of these Regulations, written notice is considered to be given to the holder of a prospecting permit, recorded claim or lease when the notice is sent by registered mail to the holder at the holder’s address, or transmitted by fax or email to the holder at the holder’s fax number or email address, as shown in the records of the Mining Recorder.
Northwest Territories Mining Regulations — 82
Recording of documents 82 (1) The Mining Recorder must record (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. 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. 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.
Northwest Territories Mining Regulations — 83
Consultation of records 83 (1) Subject to subsection (2), a person may (a) consult the record of a prospecting permit, recorded claim or leased claim, and any related documents filed with the Mining Recorder, free of charge; and (b) obtain a copy of a record on payment of the applicable fee set out in Schedule 1. 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 (a) the day of the expiration or cancellation of the prospecting permit or recording of the claim, and (b) three years after the day on which the report was received by the Mining Recorder.
Northwest Territories Mining Regulations — 84
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. 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. 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). 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. 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. 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. Final decision (7) The Minister’s decision under this section is not to be the subject of a request for review.
Northwest Territories Mining Regulations — 85
Prohibition respecting staking 85 If a request for review is with respect to the cancellation of the recording of a claim under subsection 53 (3) or paragraph 53 (4)(b) or the amendment of the boundaries of a claim under paragraph 53 (4)(b), it is prohibited to stake a claim on the lands covered by the claim the recording of which was cancelled or the boundaries of which were amended. The prohibition is in effect from the start of the review until noon on the day following the first business day after the day on which the Minister’s decision was sent in accordance with subsection 84 (6).
Northwest Territories Mining Regulations — 86
Definition of former Regulations 86 In sections 87 to 93 , former Regulations means the Northwest Territories and Nunavut Mining Regulations .
Northwest Territories Mining Regulations — 87
Recording of located claim 87 (1) If, within 59 days before these Regulations come into force, a claim is located in accordance with subsection 14(14) of the former Regulations, an application to record the claim that is made after these Regulations come into force may be made under section 24 of the former Regulations or under section 33 of these Regulations. Located claim considered as staked claim (2) For greater certainty, a claim that is located under the former Regulations is considered to be a claim that was staked under these Regulations.
Northwest Territories Mining Regulations — 88
Certificates of extension 88 A certificate of extension given under section 44 of the former Regulations is not counted as a certificate of extension under subsection 42 (2) of these Regulations.
Northwest Territories Mining Regulations — 89
Report on work — former Regulations 89 A report prepared in accordance with the former Regulations respecting representation work that was done before the coming into force of these Regulations is considered to be in accordance with these Regulations if it is submitted within two years after the coming into force of these Regulations.
Northwest Territories Mining Regulations — 90
Deduction from lease payment 90 Subsection 60(2) of the former Regulations applies for one year after these Regulations come into force.