GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Northwest Territories Mining Regulations — 45
Allocation of excess cost of work 45 (1) Subject to subsection (2), if a recorded claim is not grouped under section 46 and the cost of work that has been justified in a report in respect of that claim exceeds the cost of work required to be done on it under subsection 39 (1) at the time the certificate of work respecting the report is ready to be issued, the Mining Recorder must allocate the excess cost of work to the next period or periods for which work is still required to be done on the claim under subsection 39 (1). Unallocated excess cost of work (2) At any time before the evaluation of the report has been completed, the claim holder may submit a written request to the Mining Recorder to not allocate the excess cost of work or to allocate it to fewer periods than would be required under subsection (1) and the Mining Recorder must comply with the request. Previous payment of charges (3) A claim holder who has paid a charge in respect of a period under subsection 43 (1) or 49 (1) may submit a written request to the Mining Recorder that remission be granted of the charge in an amount equal to the excess cost of work. Request re unallocated excess cost of work (4) If an unallocated excess cost of work is recorded with respect to a recorded claim, the claim holder may submit a request to the Mining Recorder to allocate that cost as specified in the request. The request must be in the prescribed form and be accompanied by the fee for a certificate of work set out in Schedule 1. Allocation of unallocated excess cost of work (5) If the unallocated excess cost of work is sufficient to comply with the request, the Mining Recorder must allocate it in accordance with the request.
Northwest Territories Mining Regulations — 46
Grouping of recorded claims 46 (1) Recorded claims may be grouped for the purpose of allocating the cost of work done with respect to them if (a) the claims are contiguous; (b) the total area of the group does not exceed 5000 hectares; and (c) none of the claims is leased. Request for grouping (2) A request to group recorded claims must be submitted in the prescribed form to the Mining Recorder. It must be signed by each of the claim holders and be accompanied by the applicable fee set out in Schedule 1. Grouping certificate (3) If the requirements of subsections (1) and (2) are met, the Mining Recorder must issue a grouping certificate respecting the claims to each of the claim holders. Duration of certificate (4) A grouping certificate takes effect on the day on which the fee under subsection (2) is received and ceases to have effect on the earliest of (a) the day on which the recording of any claim in the group is cancelled, (b) the day on which a lease of any claim in the group takes effect, and (c) the day on which a new grouping certificate in respect of any claim in the group takes effect. Request for allocation re grouped claims (5) On request by a holder of a recorded claim listed in a grouping certificate, the Mining Recorder must allocate, in accordance with the request, the cost of work that has been justified in a report in respect of any of the claims listed in the grouping certificate to any of the other claims listed in the certificate, for any of the periods referred to in subsection 39 (1). Presentation of request (6) A request must be in the prescribed form and, if it is not submitted with the report referred to in section 41 , it must be accompanied by the fee for a certificate of work set out in Schedule 1. Limit on reallocation (7) The cost of work allocated to a recorded claim referred to in a grouping certificate must not be reallocated to any recorded claim referred to in another grouping certificate.
Northwest Territories Mining Regulations — 47
Issuance of certificate of work 47 (1) The Mining Recorder must issue a certificate of work in the following circumstances: (a) when evaluation of a report respecting a recorded claim has been completed; and (b) when allocation of the cost of work under subsection 18 (3), 45 (1), (2) or (4) or 46 (5) has been done. Certificate of work respecting claim (2) A certificate of work respecting a claim must set out (a) the cost of work; and (b) the allocation of the cost of work.
Northwest Territories Mining Regulations — 48
Remission of charge 48 (1) Remission is granted of the charges paid or payable in respect of a period referred to in section 43 in an amount equal to the cost of work allocated to the recorded claim during that period in the certificate of work. Remission in subsequent periods (2) If a holder of a recorded claim pays a charge in respect of a period under subsection 43 (1) or 49 (1), remission is granted of the portion of the charge that is equal to the cost of work allocated to the claim during any subsequent period that exceeds the cost of work required to be done under subsection 39 (1). Repayment (3) Any charge referred to in section 43 that has been paid to the Mining Recorder and that is remitted under this section must be repaid by the Minister to the person entitled to it.
Northwest Territories Mining Regulations — 49
Insufficient work 49 (1) Subject to subsection (3), if a certificate of work indicates that the cost of work is less than the amount required by subsection 39 (1), the holder of the recorded claim must pay a charge that is equal to the difference between the charge referred to in subsection 43 (1) and the cost of work indicated in the certificate. Payment of charge (2) The claim holder must pay the charge within 60 days after the day on which the certificate is issued. Cancellation of recording of claim (3) If three certificates of work are issued in respect of a claim that indicate that the cost of work is less than the amount required by subsection 39 (1), the recording of the claim is cancelled on the day that the third certificate of work is issued.
Northwest Territories Mining Regulations — 50
Period of application of requirements 50 (1) The requirements set out in section 39 and subsection 43 (1) apply for the duration of a recorded claim. Cancellation of recording (2) The recording of a claim is cancelled on one of the following days, as the case may be: (a) the day after the last day on which a report must be submitted under section 40 , if a report with respect to that claim has not been submitted in accordance with section 41 and (i) the claim holder has not been issued a certificate of extension with respect to that claim under section 42 , and (ii) a suspension with respect to that claim has not been granted under section 51 ; (b) subject to section 84 , the day that is 61 days after the day on which a certificate of work with respect to that claim is issued under section 47 , if the cost of work allocated to that claim in the certificate of work is less than the cost of work required to be done under subsection 39 (1) and the claim holder has not paid the difference between the charge referred to in subsection 43 (1) and the cost of work indicated in the certificate.
Northwest Territories Mining Regulations — 51
Suspension of payment and work requirements 51 (1) If a holder of a recorded claim is unable to do work as required under subsection 39 (1) because the claim holder is, for reasons beyond the claim holder’s control, waiting for a public authority to give an authorization or decision without which the work cannot proceed, the claim holder may request a suspension of one year — beginning on the anniversary date of the recording of the claim — of the work requirements under section 39 and the charges under subsection 43 (1). Time limit for request (2) The request must be made in writing to the Supervising Mining Recorder no later than 90 days after the end of the applicable period under section 39 and subsection 43 (1) for which the suspension is requested, and must be accompanied by documents showing that the claim holder is waiting for the authorization or decision. Companies’ Creditors Arrangement Act (3) If an order under section 11.02 of the Companies’ Creditors Arrangement Act has been made with respect to a claim holder, the holder of a recorded claim may request a suspension of the payment and work requirements under section 39 and subsection 43 (1) until the anniversary date of the recording of the claim that is at least 12 months after the day on which the order has ceased to have effect with respect to the claim holder. Time limit for request (4) The request must be made in writing to the Supervising Mining Recorder no later than 90 days after the day on which the order was made, and must be accompanied by a certified copy of the order. Recording of suspension (5) If the requirements of subsections (1) and (2) or (3) and (4) are met, the Supervising Mining Recorder must record the suspension with respect to the claim. Effect of suspension (6) A suspension extends the duration of the claim by the duration of the suspension.
Northwest Territories Mining Regulations — 52
Application for reduced-area claim 52 (1) The holder of a recorded claim (the original claim) may make an application to the Mining Recorder to record, within the area of the original claim, a reduced-area claim if (a) the cost of work set out in a certificate of work with respect to the original claim is at least $10 per full or partial hectare; and (b) the reduced-area claim has been staked in accordance with sections 23 to 30 , using reduced-area tags issued under subsection 24 (2). Presentation of application (2) The application must be made in the prescribed form no later than 60 days after the staking of the reduced-area claim, and must be accompanied by the applicable fee set out in Schedule 1 and the map or sketch referred to in subsection 33 (3). Recording of reduced-area claim (3) If the requirements set out in this section are met, the Mining Recorder must record the reduced-area claim, effective on the next anniversary date of the recording of the original claim. Effect of recording (4) When the recording of a reduced-area claim takes effect, (a) the recording date for it is considered to be the recording date of the original claim; (b) 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 reduced-area claim; and (c) the recording of the original claim is cancelled. Reopening of lands for prospecting and staking (5) Subject to subsection 56 (3), the lands in the original claim that are not within the reduced-area claim are open for prospecting and staking at noon on the day following the first business day after the day on which the recording of the original claim was cancelled. Notice (6) On the day the recording of the reduced-area claim takes effect — or if that day is not a business day, on the first business day that follows — the Mining Recorder must post a notice in the Mining Recorder’s office specifying when the lands in the original claim that are not within the reduced-area claim are open for prospecting and staking, and setting out the boundaries of the reduced-area claim.
Northwest Territories Mining Regulations — 53
Notice of cancellation 53 (1) If the Mining Recorder has information that either of the following circumstances apply in respect of a recorded claim, the Mining Recorder must immediately send the claim holder a notice that the recording of the claim will be cancelled unless, within 60 days, the holder can show that the information is not correct: (a) the claim holder knowingly made a false or misleading statement on the application to record the claim; (b) the claim holder has contravened subsection 7 (2). Notice to claim holder (2) The notice must set out the reason for the impending cancellation and a summary of the evidence to support the cancellation. Default (3) If the claim holder has not shown the Mining Recorder that the information is not correct within 60 days after the day on which the notice was sent, the recording of the claim is cancelled. Cancellation of recording or exclusion of lands (4) If it is determined that a recorded claim includes any of the following lands, the Mining Recorder must cancel the recording of the claim or, if it is possible to exclude those lands from the claim, must amend the boundaries of the recorded claim to do so and must notify the claim holder accordingly: (a) lands referred to in section 5 ; (b) lands that were staked in contravention of section 6 ; (c) lands to which these Regulations do not apply.
Northwest Territories Mining Regulations — 54
Request for cancellation of recording 54 The holder of a recorded claim may request the cancellation of the recording of the claim by submitting to the Mining Recorder a written request for cancellation accompanied by the applicable fee set out in Schedule 1.
Northwest Territories Mining Regulations — 55
Date of cancellation 55 (1) The recording of a claim is cancelled on the day that (a) the Mining Recorder receives the request for its cancellation and payment of the fee under section 54 ; (b) the time specified in paragraph 60 (2)(b) has ended and no application for a lease on the claim has been received; or (c) a lease on the claim has terminated without being renewed or was cancelled under subsection 63 (2) or section 64 . Prohibition (2) For one year after the recording of a claim is cancelled, the former claim holder and any person related to the former claim holder are not permitted to (a) apply for a prospecting permit for a zone, or apply to record a claim, that covers any part of the area that was covered by the claim the recording of which has been cancelled; or (b) acquire a legal or beneficial interest in a prospecting permit or claim referred to in paragraph (a).
Northwest Territories Mining Regulations — 56
Reopening of lands 56 (1) The lands that were covered by a claim the recording of which has been cancelled under subsection 50 (2), section 55 or subsection 62 (3) are open for prospecting and staking at noon on the day following the first business day after the day on which the recording of the claim was cancelled. Reopening of lands — 30-day delay (2) Subject to section 84 , the lands that were covered by a claim the recording of which has been cancelled under subsection 49 (3) or 53 (3) or paragraph 53 (4)(b) are open for prospecting and staking at noon on the day that is 30 days after the day on which the recording of the claim was cancelled. Delay in reopening lands (3) If the Minister has reasonable grounds to believe that there is unremedied environmental damage to the lands that were covered by a claim the recording of which has been cancelled under a provision set out in subsection (1) or (2), or the lands referred to in subsection 52 (5), the Minister may delay the opening of the lands for prospecting and staking.
Northwest Territories Mining Regulations — 57
Survey required for lease 57 (1) A holder of a recorded claim who wants to obtain a lease of a recorded claim must (a) obtain a plan of survey of the claim prepared in accordance with the Canada Lands Surveys Act ; (b) provide a report of any overlap with a boundary of any other claim; (c) send a copy of the plan of survey, the report and a notice in the prescribed form, by registered mail or courier, to the holders of adjacent recorded claims and leased claims at their addresses on record with the Mining Recorder; and (d) send to the Mining Recorder a copy of the plan of survey, the report, the notice and evidence that the holders of the adjacent claims have received copies of those documents. Perimeter survey (2) If two or more contiguous recorded claims are to be included in one lease and their aggregate area, as stated in the applications to record them, does not exceed 1250 hectares, one plan of survey may be prepared that shows only the perimeter of the collection of contiguous claims. Posting of notice (3) On receipt of the documents referred to in paragraph (1)(d), the Mining Recorder must post a copy of the notice in the office of the Mining Recorder for a period of 21 days.
Northwest Territories Mining Regulations — 58
Extra charge for additional area — one claim 58 (1) If the surveyed area of one claim exceeds the area stated in the application to record that claim, the claim holder must pay to the Mining Recorder the charge determined by the formula A × C × D where A is the excess area in hectares of the claim; C is $5; and D is the number of years from the date of recording of the claim. Extra charge for additional area — collection of claims (2) If the surveyed area of contiguous recorded claims that are shown in a plan of survey of their perimeter prepared in accordance with subsection 57 (2) exceeds their aggregate area as stated in the applications to record those claims, the claim holder must pay to the Mining Recorder for each claim the charge determined by the formula (A / B) × C × D where A is the total excess area in hectares of all of the claims; B is the number of claims in the survey; C is $5; and D is the number of years from the recording date of the claim. Remission (3) Remission is granted of the portion of the charge paid or payable under subsection (1) or (2), as the case may be, that does not exceed the cost of work set out in certificates of work issued with respect to the claim or contiguous claims and that has not been remitted under these Regulations.
Northwest Territories Mining Regulations — 59
Recording of plan of survey 59 The Mining Recorder must record the plan of survey if (a) 30 days have elapsed after the end of the period for posting of a notice under subsection 57 (3) and the Mining Recorder has not received any protest with respect to the survey; (b) the plan of survey has been made by the Surveyor General under section 31 of the Canada Lands Surveys Act ; (c) the applicable fee set out in Schedule 1 has been paid; (d) the requirements of section 57 have been met; and (e) any charge payable under subsection 58 (1) or (2) has been paid.
Northwest Territories Mining Regulations — 60
Application for lease 60 (1) A holder of a recorded claim who wants to obtain a lease of a recorded claim or a collection of contiguous recorded claims must apply for the lease in the prescribed form. Application fee and limitation period (2) The application must (a) be accompanied by the applicable fee set out in Schedule 1; and (b) be received by the Mining Recorder at least one year before the end of the duration of the claim or of the claim that has the earliest recording date of any of the claims in the collection of contiguous claims. Other requirements for lease (3) Before a lease is issued, (a) an official plan of survey of the claim, or the collection of contiguous claims, must have been recorded under section 59 ; (b) certificates of work must have been recorded with respect to the claim, or with respect to each claim in the collection of contiguous recorded claims, that allocate to the claim, or to each claim, a cost of work of at least $25 per hectare, of which the total of the costs of the official plan of survey and of the construction of any roads, airstrips or docks does not exceed $5 per hectare; and (c) the rent for the first year of the lease must have been paid to the Mining Recorder. Extension of duration of claim (4) If a claim holder who has applied for a lease advises the Mining Recorder in writing that they cannot, for reasons beyond their control, obtain an official plan of survey and record it before the end of the duration of the claim to be leased, (a) the duration of the recorded claim is extended for one year; (b) the requirements under section 39 and subsection 43 (1) do not apply for that year; and (c) the application for a lease on the claim remains valid for that year. Issuance of lease (5) If, before the end of the duration of the recorded claim or of the claim that has the earliest recording date of any of the claims in the collection of contiguous recorded claims, the requirements of subsections (1) to (3) are met, the Minister must issue the lease to the claim holder for a term of 21 years.
Northwest Territories Mining Regulations — 61
Annual rent for lease 61 (1) The annual rent for a lease is $2.50 per hectare during the first term and $5.00 per hectare during each renewed term. When rent is due (2) The rent must be paid to the Mining Recorder before the anniversary date of the lease.
Northwest Territories Mining Regulations — 62
Request for renewal of lease 62 (1) To obtain renewal of a lease, the lessee must, at least six months before the end of the existing lease, submit to the Mining Recorder a written request for renewal accompanied by the applicable fee set out in Schedule 1. Reduction in area of leased claim (2) At the time of renewal, the Mining Recorder must reduce the area specified in the lease if, at least 90 days before the end of the existing lease, (a) the lessee requests it and (i) if the lease covers only one recorded claim, that claim has been reduced in area in accordance with section 52 , or (ii) otherwise, one or more recorded claims have been removed from the lease; and (b) an official plan of survey of the reduced area has been prepared in accordance with Canada Lands Surveys Act and has been submitted to the Mining Recorder for recording. Cancellation of recording of claim (3) The recording of a claim that has been removed from a lease under subparagraph (2)(a)(ii) is cancelled at the time that the renewal of the lease takes effect. Issuance of renewal (4) If, before the existing lease ends, the lessee pays the rent for the first year of the renewal, the Minister must issue the renewal for a term of 21 years.
Northwest Territories Mining Regulations — 63
Notice of overdue rent 63 (1) If rent is not paid within 30 days after the day it is due, the Mining Recorder must send the lessee a notice stating the amount of rent due and the rate of interest payable on that amount. Cancellation of lease for non-payment of rent (2) If the rent due, together with interest from the date on which the rent was due, is not paid within 60 days after the day the notice was sent, the lease is cancelled on the 61st day after the notice was sent.
Northwest Territories Mining Regulations — 64
Cancellation of lease by lessee 64 (1) A lease is cancelled if the lessee submits to the Mining Recorder a written notice of cancellation. The cancellation takes effect on the day the notice is received by the Mining Recorder or, if a later day for cancellation is set out in the notice, on that day. Temporary prohibition relating to former lessee (2) For one year after a lease is cancelled, the former lessee and any person related to the former lessee are not permitted to (a) apply for a prospecting permit for a zone, or apply to record a claim, that covers any part of the area that was covered by the cancelled lease; or (b) acquire a legal or beneficial interest in a prospecting permit or claim referred to in paragraph (a).
Northwest Territories Mining Regulations — 65
Transfer of permit 65 The transfer of a prospecting permit or an interest in it may be recorded only if (a) the transfer is made to a licensee; (b) a request for recording of the transfer is made by the permittee in writing to the Mining Recorder and is signed by the permittee and by the transferee; and (c) the applicable fee set out in Schedule 1 is paid to the Mining Recorder.