GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Mining Regulations — Nunavut Mining Regulations
Act means the Territorial Lands Act . ( Loi )
Nunavut Mining Regulations — Nunavut Mining Regulations
boundary post [Repealed, SOR/2020-209, s. 1]
Nunavut Mining Regulations — Nunavut Mining Regulations
business day means a day other than a Saturday or a holiday. ( jour ouvrable )
Nunavut Mining Regulations — Nunavut Mining Regulations
Chief means the Chief of Financial Analysis and Royalties Administration Section of the Department of Indian Affairs and Northern Development. ( chef )
Nunavut Mining Regulations — Nunavut Mining Regulations
contiguous means units, claims or lands that, partly or totally, share a common boundary and not merely a point. ( contigu )
Nunavut Mining Regulations — Nunavut Mining Regulations
corner post [Repealed, SOR/2020-209, s. 1]
Nunavut Mining Regulations — (a)
cost of work means expenses incurred in performing work, but excludes all of the following: (a) transportation costs outside Canada for persons who performed work or for equipment used in work; (b) taxes and fees paid to any level of government or any institution of public government; (c) costs of staking and recording a claim; (d) legal fees; (e) administrative costs; and (f) expenses incurred in performing work referred to in paragraph (c) of the definition of work that exceed 10% of the total expenses incurred in performing the undertakings referred to in paragraph (a) and subparagraph (b)(ii) of that definition. ( coût des travaux )
Nunavut Mining Regulations — Nunavut Mining Regulations
depreciable assets means buildings, plant, machinery and equipment. ( actif amortissable )
Nunavut Mining Regulations — Nunavut Mining Regulations
environmental baseline studies means a description of selected environmental attributes that existed before mineral exploration or mining development and that are used to establish a benchmark from which to measure changes to the environment. Selected environmental attributes include meteorologic, hydrologic and hydro-geologic attributes, surface water and groundwater quality, aquatic resources, soil profiling, ecosystems, wildlife and wildlife habitat, cultural heritage and archaeology.  ( études environnementales de base )
Nunavut Mining Regulations — Nunavut Mining Regulations
exploration cost means an expense incurred for the purpose of determining the existence, location, extent, quality or economic potential of a mineral deposit in Nunavut, but does not include an expense incurred for the purpose of bringing a mine into production. ( frais d’exploration )
Nunavut Mining Regulations — Nunavut Mining Regulations
fiscal year , in respect of a mine, means the fiscal period of the mine’s operator as that period is defined in section 249.1 of the Income Tax Act . ( exercice )
Nunavut Mining Regulations — Nunavut Mining Regulations
holder of the surface rights means the lessee or registered holder of the surface rights to the land. ( titulaire des droits de surface )
Nunavut Mining Regulations — Nunavut Mining Regulations
legal post [Repealed, SOR/2020-209, s. 1]
Nunavut Mining Regulations — Nunavut Mining Regulations
licence means a licence to prospect referred to in section 3 . ( licence )
Nunavut Mining Regulations — Nunavut Mining Regulations
mine means an undertaking that produces or has produced minerals or processed minerals from lands within the Nunavut Mining District referred to in section 2, and includes the depreciable assets that are located in Nunavut and used in connection with the undertaking. ( mine )
Nunavut Mining Regulations — Nunavut Mining Regulations
mineral means amber and any naturally occurring inorganic substance, including frac sand, found in the Nunavut Mining District referred to in section 2, excluding material the taking of which is regulated under the Territorial Quarrying Regulations . ( minéral )
Nunavut Mining Regulations — (a)
mining property means (a) a recorded claim or a leased claim within the boundaries of which a mine or part of a mine is situated; or (b) a group of contiguous recorded or leased claims within the boundaries of which a mine or part of a mine is situated and (i) that belong to the same owner, or (ii) if the mine is operated as a joint venture, that are owned exclusively by the members of the joint venture or parties related to the members of the joint venture, regardless of the degree of ownership of each recorded claim or leased claim. ( propriété minière )
Nunavut Mining Regulations — (a)
mining reclamation trust means a trust that is established for a mine and that is created (a) for the purposes of subsection 76(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act ; or (b) as a condition of (i) a lease issued under the Territorial Lands Regulations , (ii) a contract with the Minister relating to the reclamation or environmental management of a mining property, or (iii) a permit issued under the Territorial Land Use Regulations . ( fiducie de restauration minière )
Nunavut Mining Regulations — Nunavut Mining Regulations
Mining Recorder means the person designated by the Minister as the Mining Recorder. ( registraire minier )
Nunavut Mining Regulations — Nunavut Mining Regulations
mining royalty valuer means a person acting on the Minister’s behalf for the purpose of ascertaining the value of minerals or processed minerals produced from a mine. ( évaluateur des redevances minières )
Nunavut Mining Regulations — Nunavut Mining Regulations
owner , in respect of a recorded claim, leased claim, mine or mining property, means any person with a legal or beneficial interest in the recorded claim, leased claim, mine or mining property. ( propriétaire )
Nunavut Mining Regulations — Nunavut Mining Regulations
precious stone means a diamond, a sapphire, an emerald or a ruby. ( pierre précieuse )
Nunavut Mining Regulations — Nunavut Mining Regulations
prescribed form means a form prescribed by the Minister under section 28 of the Act.  ( formule prescrite )
Nunavut Mining Regulations — Nunavut Mining Regulations
processing means crushing, grinding, flotation, beneficiation, concentrating, milling, roasting, smelting, leaching, recrystallization or refining performed on minerals, and if the output of a mine is precious stones, cleaning and sorting that output. ( traitement )
Nunavut Mining Regulations — Nunavut Mining Regulations
processing assets means tailings disposal facilities and depreciable assets that are located in Nunavut and that are used directly and exclusively in processing. ( biens utilisés pour le traitement )
Nunavut Mining Regulations — Nunavut Mining Regulations
prospecting permit means a prospecting permit issued under the Nunavut Mining Regulations as they read immediately before November 1, 2020. ( permis de prospection )
Nunavut Mining Regulations — (a)
related , in respect of two or more persons, means that the persons are (a) related persons within the meaning of section 251 of the Income Tax Act , read without reference to paragraph 251(5)(b) of that Act; (b) associated corporations within the meaning of section 256 of the Income Tax Act , read without reference to subsection 256(1.4) of that Act; (c) affiliated persons within the meaning of section 251.1 of the Income Tax Act ; or (d) other than for the purpose of subsection 74 (1), owners or operators of the same mine. ( liées )
Nunavut Mining Regulations — Nunavut Mining Regulations
Supervising Mining Recorder means the person designated by the Minister as the Supervising Mining Recorder. ( registraire minier en chef )
Nunavut Mining Regulations — (a)
undeducted balance means (a) in respect of a depreciation allowance, the original cost of the depreciable assets in respect of which the depreciation allowance is claimed, less any depreciation allowances previously claimed in respect of those assets; (b) in respect of a development allowance, the undeducted balance of costs eligible for a development allowance under paragraph 70 (1)(i); and (c) in respect of a mining reclamation trust contribution allowance, the total of all contributions made to the mining reclamation trust, less any allowances previously claimed. ( fraction non amortie )
Nunavut Mining Regulations — Nunavut Mining Regulations
unit means a unit described in section 4 of Schedule 3. ( unité )
Nunavut Mining Regulations — Nunavut Mining Regulations
witness post [Repealed, SOR/2020-209, s. 1]
Nunavut Mining Regulations — (a)
work means (a) any of the following undertakings that are performed in respect of a recorded claim — or, for the purpose of subsection 42(3), in respect of a claim prior to its recording — for the purpose of assessing its mineral potential: (i) examination of outcrops and surficial deposits, (ii) excavation, (iii) sampling, (iv) geochemical study or analysis, (v) drilling, (vi) geological mapping, (vii) geophysical study or analysis, (viii) remote sensing, if one or more undertakings set out in subparagraphs (i) to (vii) have been performed to evaluate the results of the remote sensing and are reported on, together with the remote sensing, in accordance with subsection 42(1), (ix) the placing of grid lines in the field for the purpose of performing any of the undertakings referred to in subparagraphs (i) to (vii), (x) petrography, (xi) data analysis, map generation and preparation of reports that are submitted under these Regulations in respect of undertakings referred to in subparagraphs (i) to (viii) and (x); (b) any of the following undertakings that are performed in respect of a recorded claim: (i) the preparation of a plan of survey under paragraph 57 (1)(a); (ii) the building of roads, airstrips or docks for the purpose of performing any of the undertakings referred to in paragraph (a); and (c) environmental baseline studies that are conducted in conjunction with undertakings referred to in subparagraphs (a)(i) to (vii) and (ix) or subparagraph (b)(ii), as well as analysis of the data resulting from the studies, map generation and the preparation of an appendix as required in paragraph 4(t) of Schedule 2. ( travaux )
Nunavut Mining Regulations — 2
Nunavut Mining District 2 These Regulations apply in respect of the Nunavut Mining District, the area of which is described in Schedule 2 to the Northwest Territories Mining District and Nunavut Mining District Order .
Nunavut Mining Regulations — 3
Issuance of licence 3 (1) The Mining Recorder must issue a licence to prospect to a person who has applied for one and paid the applicable fee set out in Schedule 1 if the person is (a) an individual who is 18 years of age or older; or (b) a company that is incorporated or registered under the Business Corporations Act (Nunavut) , S.N.W.T. 1996, c. 19, or that is incorporated under the Canada Business Corporations Act . Application for licence (2) An application for a licence must include (a) the applicant’s name, address, telephone number and email address; (b) the name, address, telephone number and email address of every person who is authorized to act on behalf of the applicant; (c) in the case of an applicant who is an individual, proof that they are 18 years of age or older; and (d) in the case of an applicant that is a corporation, the title of the Act referred to in paragraph (1)(b) under which the corporation is incorporated or registered under. Duration of licence (3) A licence is valid from the date of its issuance or renewal until March 31 of the following calendar year. Application for renewal (4) A licence may be renewed by making an application to the Mining Recorder containing the information set out in paragraphs (2)(a) and (b) and, in the case of an applicant that is a corporation, the information set out in paragraph 2(d). The application must be made not earlier than January 1 preceding the end of the period of validity of the licence. Change in information (5) If, after the issuance or renewal of the licence, there is any change in information referred to in paragraph (2)(a) or (b) or, in the case of an applicant that is a corporation, any change in the information referred to in paragraph 2(d), the licensee must provide the new information to the Mining Recorder within 10 business days after the day on which the information was changed. Licence not transferable (6) A licence is not transferable. SOR/2020-209, s. 2
Nunavut Mining Regulations — 4
Licence authorization — licensee or authorized person 4 Only a licensee or a person authorized to act on behalf of a licensee may (a) prospect for the purpose of recording a claim; (b) make an application for the recording of a claim, for a lease of a recorded claim or for the renewal of that lease; (c) acquire, by themselves or with another licensee, a recorded claim, a lease of a recorded claim or an interest in either of them; and (d) be issued a certificate of work under section 47 or a certificate of extension under subsection 49.2(1). SOR/2020-209, s. 3
Nunavut Mining Regulations — 5
Lands not open for prospecting 5 (1) It is prohibited to prospect on (a) lands covered by a prospecting permit; (b) lands covered by a recorded claim or a leased claim; (c) lands mentioned in any of subsections 52(5) and (6), 56(1) and (2), 62.1(5) and (6) and 67(2), section 85 and subsections 93(4) to (6) that are not open for prospecting; (d) lands that have been withdrawn from disposal under paragraph 23(a) of the Act or set apart and appropriated under any of paragraphs 23(b) to (e) of the Act by the Governor in Council; (e) lands for which the minerals have been granted by the Crown; (f) lands subject to a prohibition on prospecting under a land use plan that has been approved under federal legislation or under a land claims agreement; and (g) lands used as a cemetery. Exceptions (2) The prohibition under paragraph (1)(a) does not apply to the permittee and the prohibition under paragraph (1)(b) does not apply to the claim holder or the lessee. SOR/2020-209, s. 3
Nunavut Mining Regulations — 6
Surface rights — prohibition respecting entry 6 If the surface rights to lands have been granted or leased by the Crown, it is prohibited to enter on the surface of those lands to prospect unless (a) the holder of the surface rights has consented to entry for the prospecting; or (b) the Nunavut Surface Rights Tribunal has made an order that authorizes entry on those lands and that sets the compensation, if any, to the surface holder. SOR/2020-209, s. 3
Nunavut Mining Regulations — 7
Prohibition on removing minerals 7 (1) It is prohibited to remove minerals or processed minerals from, or develop a mine within, the area of a recorded claim or a leased claim, except in the case of the holder of the recorded claim or the lessee. Limitation respecting holder of recorded claim (2) It is prohibited to remove minerals or processed minerals whose gross value exceeds $100,000 from a recorded claim that is not subject to a lease, except if the removal is for the purposes of assay and testing to determine the existence, location, extent, quality or economic potential of a mineral deposit within the claim. Prohibition on construction and disposal (3) It is prohibited to erect on a recorded claim any building to be used as a dwelling or any mill, concentrator or other mine building, or to create any tailings or waste disposal area for the purpose of the commencement of production from a mine, unless the claim holder has been issued a lease of the surface rights to, or a grant of, the land covered by the claim. SOR/2020-209, s. 4
Nunavut Mining Regulations — 8
Establishment by Minister 8 (1) The Minister must establish and maintain an online mining rights administration system that (a) allows for the making and processing of applications under these Regulations, other than a request referred to in section 84, to be done electronically; (b) allows access by the public to documents relating to those applications; and (c) represents the lands of Nunavut, as divided into grid areas, sections and units in accordance with Schedule 3, including the territorial lands of Nunavut described as the Nunavut Mining District referred to in section 2. Online application (2) An application, other than a request referred to in section 84, must be made in the prescribed form, if any, and submitted to the Minister or Mining Recorder by using the online mining rights administration system. SOR/2020-209, s. 6
Nunavut Mining Regulations — 9
Mining Recorder — representation of lands 9 The Mining Recorder must ensure that the online mining rights administration system represents the lands that are open for prospecting and that are included in a unit for which an application to record a claim may be made. SOR/2020-209, s. 6
Nunavut Mining Regulations — 10
Recording of documents 10 (1) The Mining Recorder must record (a) in respect of the recorded claims or leased claims 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 day on which a mining royalty return in respect of that property or interest is delivered to the Chief, or (ii) the date of any notice of assessment or reassessment sent under subsection 75(1) or (2), unless a request for review of the assessment or reassessment has been made under section 84; (b) every judgment or order made by a court of competent jurisdiction relating to the ownership of a recorded claim or a lease of a recorded claim and every decision made by the Minister, the Supervising Mining Recorder or the Mining Recorder; and (c) on the payment of the applicable fee set out in Schedule 1, every other document filed in respect of a recorded claim or a lease of a recorded claim. When notice considered to be received (2) Notice of the recording of a document under subsection (1) is considered to have been received as of the date of the recording of the document. Transfer subject to encumbrances (3) A transfer of a recorded claim or a lease of a recorded claim, or any interest in either of them, is subject to all judgments, orders, liens and other encumbrances that were recorded against the claim or lease, or any interest in them, as of the date of the recording of the transfer. SOR/2020-209, s. 6
Nunavut Mining Regulations — 11
Consultation of documents 11 (1) Subject to subsection (2), a person may (a) consult the documents relating to a prospecting permit, recorded claim or lease of a recorded claim filed with the Mining Recorder, free of charge; and (b) obtain a copy of any of those documents 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 referred to in subsection 42(1), nor any accompanying or supporting document referred to in subsection 42(5) or (7), until the earlier of (a) the day on which the recording of the claim is cancelled under section 50, subsection 53(3) or section 54 or 55 or, if a new claim has not been recorded under paragraph 67(3)(a), subsection 67(1), and (b) the day after the third anniversary of the day on which the report was received by the Mining Recorder. SOR/2020-209, s. 6
Nunavut Mining Regulations — 12
Application to record claim 12 (1) A licensee may make an application to the Mining Recorder to record a claim. Number of units permitted (2) The application may be made in respect of not less than one unit and not more than 100 units. Unit partly covered (3) An application may be made in respect of a unit that is covered by lands referred to in subsection 5(1) or lands of Nunavut to which these Regulations do not apply to the extent that the unit is not entirely covered by those lands. Shape of claim (4) If an application is made in respect of more than one unit, (a) each unit must be contiguous to another unit in the claim; and (b) the units in the claim must not enclose a unit that is not included in the claim. Prospecting permit (5) Despite subsection (3), the holder of a prospecting permit may make an application in respect of any unit that is, partly or totally, within their prospecting permit zone. SOR/2020-209, s. 6
Nunavut Mining Regulations — 13
Recording of claim 13 (1) If an application to record a claim satisfies the requirements set out in section 12, the Mining Recorder must record the claim on payment of the charge referred to in paragraph 40(1)(a). Exclusion (2) The lands referred to in subsection 5(1) may not be included in a claim. Prospecting permit (3) Despite subsection (2), if an application to record a claim is made by a holder of a prospecting permit, the recorded claim includes the lands for which the application is made that are within the prospecting permit zone and that are open for prospecting. Those lands subsequently no longer form part of the permit zone. Application to change recording date (4) A claim holder may, not later than the day that precedes the first anniversary date of the recording of the claim, make an application to the Mining Recorder to change the date of the recording to the date specified in the application. That date must not be earlier than the recording date of the claim and must precede the first anniversary date of the recording of the claim. Only one change (5) The date of the recording of the claim may only be changed once. Amended recording date (6) The Mining Recorder must change the date of the recording of the claim in accordance with the application. The change of date takes effect on the day on which the application is received by the Mining Recorder or, if a later day is set out in the application, on that day. Non-application — certificate of work (7) Subsections (4) to (6) do not apply if a certificate of work has been issued under subsection 47(1) in respect of the claim. SOR/2020-209, s. 6
Nunavut Mining Regulations — 14
Definition — recorded claim 14 (1) In this section, a recorded claim means any recorded claim other than a leased claim. Expansion of claims (2) If a unit contains, partly or totally, only one recorded claim and a land referred to in subsection 5(1) or a land of Nunavut to which these Regulations do not apply and that land is no longer referred to in subsection 5(1) or becomes subject to these Regulations, that land subsequently becomes part of that recorded claim. Expansion — more than one recorded claim (3) If a unit contains, partly or totally, more than one recorded claim and a land referred to in subsection 5(1) or a land of Nunavut to which these Regulations do not apply and that land is no longer referred to in subsection 5(1) or becomes subject to these Regulations, that land subsequently becomes part of one of those recorded claims, in accordance with the following order of priority: (a) if at least one recorded claim is contiguous to that land, (i) the claim that is contiguous to it and that was recorded under subsection 96(2) or, if two or more are contiguous to it, the claim that encompasses the claim that was staked first, or (ii) the claim that is contiguous to it and that was recorded under subsection 13(1) or, if two or more are contiguous to it, the claim that was recorded first; and (b) if there is no recorded claim that is contiguous to that land, (i) the claim recorded under subsection 96(2) that encompasses the claim that was staked first, or (ii) the claim that was recorded first under subsection 13(1). SOR/2020-209, s. 6
Nunavut Mining Regulations — 15
Duration 15 The duration of a recorded claim is 30 years, beginning on its recording date, plus any extensions referred to in paragraphs 51(6)(a) and 67(4)(c), unless the recorded claim is leased under subsection 60 (3) or its recording is cancelled under section 50, subsection 53(3) or section 54 or 55 or under subsection 67(1) without a new claim being recorded under paragraph 67(3)(a). SOR/2020-209, s. 6