GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Mining Regulations — 39
Work required 39 (1) A holder of a recorded claim must do work that incurs a cost of work annually beginning on the day on which the claim is recorded for each unit included in the recorded claim of at least (a) $45 in respect of the first year; (b) $90 in respect of the second, third and fourth years; (c) $135 in respect of the fifth, sixth and seventh years; (d) $180 in respect of the 8th, 9th and 10th years; (e) $225 in respect of each of the 11th to 20th years; and (f) $270 in respect of each of the 21st to 30th years. Allocation of cost of work (2) A cost of work that is set out in a certificate of work issued under subsection 47(1) for a year is, for the purpose of subsection (1), a cost of work done for that year. Unit (3) For the purposes of subsection (1), a unit is considered to be a unit that is entirely covered, either by a claim, or partly by a claim and partly by lands referred to in subsection 5(1) or lands of Nunavut to which these Regulations do not apply. SOR/2020-209, s. 8
Nunavut Mining Regulations — 40
Charge 40 (1) The following per unit charges apply, annually beginning on the day on which the claim is recorded, to the right to hold a recorded claim and assess its mineral potential: (a) $45 in respect of the first year beginning on the day on which the claim is recorded; (b) $90 in respect of the second, third and fourth years; (c) $135 in respect of the fifth, sixth and seventh years; (d) $180 in respect of the 8th, 9th and 10th years; (e) $225 in respect of each of the 11th to 20th years; and (f) $270 in respect of each of the 21st to 30th years. Payment (2) The claim holder must pay the charges referred to in subsection 13(1), 49(1) or 49.1(2), as the case may be. Unit (3) For the purposes of subsection (1), a unit is considered to be a unit that is entirely covered, either by a claim, or partly by a claim and partly by lands referred to in subsection 5(1) or lands of Nunavut to which these Regulations do not apply. SOR/2020-209, s. 8
Nunavut Mining Regulations — 41
Submission 41 Subject to subsection 97(1), a holder of a recorded claim must, in respect of the work required to be done under subsection 39 (1), submit to the Mining Recorder (a) within a period of 120 days beginning on the second anniversary date of the recording of the claim, a report of work referred to in section 42 in respect of the first and second years; and (b) within a period of 120 days beginning on each subsequent anniversary date, (i) a report of work referred to in section 42 in respect of the year preceding that date, or (ii) an application for a one-year extension to do the work referred to in section 49.1. SOR/2020-209, s. 8
Nunavut Mining Regulations — 42
Preparation and content 42 (1) A report of work that has been done in respect of a claim must be prepared in accordance with Part 1 of Schedule 2, but if the report deals only with excavation, sampling or the examination of outcrops and surficial deposits — or any combination of them — and the cost of the work is less than $20,000, the report may be a simplified report prepared in accordance with Part 2 of Schedule 2. Work reported (2) Work reported in one report must have been performed within a period of not more than 12 consecutive months during the four years immediately preceding the day on which the report was submitted and after the day on which the claim was recorded. Work before recording of claim (3) Despite subsection (2), work that is done during the two years immediately preceding the day on which a claim is recorded is considered to have been done during the first year following the day on which it is recorded. Signature of report (4) The report must be prepared and signed (a) in the case of a simplified report, by the individual who performed or supervised the work; and (b) in all other cases, by a professional engineer or a professional geoscientist as those terms are defined in subsection 1(1) of the Engineers and Geoscientists Act , S Nu 2008, c. 2. Associated documents (5) The report must be accompanied by the following documents: (a) a statement of work in the prescribed form; (b) a table setting out the cost of work by type of work, together with, for each type of work, details of the costs sufficient to enable evaluation of the report in accordance with subsection 43(1); and (c) a table setting out the cost of work that is allocated to each claim. Claim holder’s equipment or work (6) If a holder of a recorded claim uses their own equipment to do work or personally does work, (a) the cost claimed in relation to that equipment must not be more than the cost of leasing similar equipment for the period that the equipment is used in performing the work; and (b) the cost claimed in relation to that work must not be more than the cost of engaging another person to do that work. Record keeping (7) The holder of a recorded claim must keep all supporting documents used to justify the cost of work and make them available on request to the Mining Recorder until the holder has received a certificate of work under section 47. Work reported once (8) Work reported must not be reported in any other report. SOR/2020-209, s. 8
Nunavut Mining Regulations — 43
Evaluation of reports 43 (1) The Mining Recorder must evaluate the reports referred to in section 41 and subsection 97(1) to assess their compliance with Schedule 2 and determine the cost of work to be set out in a certificate of work under subsection 47(2). Supporting documents (2) The Mining Recorder may request, in writing, from the holder of the recorded claim, supporting documents that justify the cost of work that is specified in the request. Lack of justification (3) If the holder of the recorded claim does not, within 120 days after the day on which the request is sent, provide the supporting documents that are requested, the cost of work to which they relate must be considered to be unjustified. SOR/2020-209, s. 8
Nunavut Mining Regulations — 44
Allocation of excess cost of work 44 (1) Subject to subsection (2), if a recorded claim is not grouped under section 45 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 under subsection 47(1), the Mining Recorder must allocate the excess cost of work to the next year or years for which work is still required to be done on the claim under subsection 39(1). Application — excess (2) At any time before the evaluation of the report has been completed, the holder of a recorded claim may make an application to the Mining Recorder not to allocate the excess cost of work or to allocate it to fewer years for which work is still required to be done under subsection 39(1). Allocation or non-allocation (3) The Mining Recorder must comply with the application. Application — unallocated excess (4) The holder of a recorded claim may make an application to the Mining Recorder for the allocation of any unallocated excess cost of work as specified in the application. Allocation of excess cost of work (5) If the unallocated excess cost of work is sufficient, the Mining Recorder must allocate it as specified in the application. SOR/2020-209, s. 8
Nunavut Mining Regulations — 45
Grouping of recorded claims 45 (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 grouping does not result in the enclosing of a unit that is not included in one of the claims; (c) the total number of units in the group does not exceed 400; and (d) none of the claims is leased. Application for grouping (2) An application to group recorded claims must be made to the Mining Recorder and must be accompanied by the applicable fee set out in Schedule 1. Grouping certificate (3) If the requirements set out in 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 referred to in 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 under section 50, subsection 53(3), section 54 or 55 or subsection 67(1), (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. SOR/2020-209, s. 8
Nunavut Mining Regulations — 46
Application for allocation — grouping 46 (1) On application by one of the holders of a recorded claim listed in a grouping certificate, the Mining Recorder must allocate, in accordance with the application, the cost of work that has been justified in a report, for any year referred to in ss. 39(1), in respect of any of the claims listed in the grouping certificate to any of the other claims listed in the certificate. Limit on reallocation (2) 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. SOR/2020-209, s. 8
Nunavut Mining Regulations — 47
Issuance of certificate of work 47 (1) Subject to subsection 97(5), the Mining Recorder must issue a certificate of work if (a) the evaluation of a report respecting a recorded claim has been completed; or (b) an allocation of the excess cost of work has been done under subsection 44(1), (3) or (5) or 46(1). Content of certificate of work (2) A certificate of work respecting a claim must set out the cost of work and the allocation of the cost of work. SOR/2020-209, s. 8
Nunavut Mining Regulations — 48
Remission of charge 48 (1) Remission of the charges paid or payable in respect of a year referred to in subsection 40(1) is granted in an amount equal to the cost of work allocated to a recorded claim during that year in the certificate of work. Repayment (2) Any charge referred to in subsection 40(1) 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. SOR/2020-209, s. 8
Nunavut Mining Regulations — 49
Insufficient work 49 (1) Subject to paragraph 50(c), if a certificate of work sets out an allocated cost of work that 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 charges referred to in subsection 40(1) and the allocated cost of work set out in the certificate. Exception (2) Subsection (1) does not apply in respect of the year beginning on the day on which a claim is recorded under subsection 13(1). Payment of charge (3) The claim holder must pay the charge within 120 days after the day on which the certificate is issued. SOR/2020-209, s. 8
Nunavut Mining Regulations — 49.1
Application for extension 49.1 (1) The claim holder may make an application to the Mining Recorder for an extension for a one-year period to do the work as required under subsection 39(1). Charge (2) The application must be accompanied by an amount equal to the charge set out in any of paragraphs 40(1)(b) to (f) that is payable for the year in respect of which the extension is sought. SOR/2020-209, s. 8
Nunavut Mining Regulations — 49.2
Certificate of extension 49.2 (1) The Mining Recorder must issue to the holder of a recorded claim a certificate of extension for a one-year period to do the work if (a) in the case of a certificate of work setting out that the allocated cost of work is less than the amount required by subsection 39(1), the requirements set out in subsections 49(1) and (3) are met; and (b) in the case where an application for an extension for a one-year period to do the work is made to the Mining Recorder, the requirement set out in subsection 49.1(2) is met. Exception (2) Subsection (1) does not apply if five certificates of extension have already been issued in respect of the claim under that subsection. SOR/2020-209, s. 8
Nunavut Mining Regulations — 50
Cancellation of recording 50 The recording of a claim is cancelled on (a) the day after the last day on which a report must be submitted under section 41 or subsection 97(1), if a report in respect of the claim has not been submitted before that day in accordance with section 42 and (i) a certificate of extension has not been issued in respect of the claim under paragraph 49.2(1)(b), or (ii) a suspension in respect of the claim has not been recorded under section 51, (b) subject to section 84, the day that is 121 days after the day on which a certificate of work setting out that the allocated cost of work is less than the amount required by subsection 39(1) has been issued in respect of the claim unless a certificate of extension has been issued to the claim holder under paragraph 49.2(1)(a), and (c) if five certificates of extension have already been issued in respect of the claim under section 49.2, the day on which any subsequent certificate of work setting out that the allocated cost of work is less than the amount required by subsection 39(1) is issued. SOR/2020-209, s. 8
Nunavut Mining Regulations — 51
Application for suspension 51 (1) If a holder of a recorded claim is unable to do the 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 make an application for a suspension of one year with respect to the claim — beginning on the anniversary date of the recording of the claim — of the work requirements set out in subsection 39(1) and the charges under subsection 40(1). Time limit for application (2) The application must be made to the Supervising Mining Recorder not later than 120 days after the end of the year for which the suspension is applied for 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 make an application for a suspension, with respect to that claim, of the work requirements set out in subsection 39(1) and the charges under subsection 40(1) until the first 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. Time limit for application (4) The application must be made to the Supervising Mining Recorder not later than 120 days after the day on which the order was made and must be accompanied by a copy of the order. Recording of suspension (5) If the requirements set out in subsections (1) and (2) or (3) and (4) are met, the Supervising Mining Recorder must record the suspension. Effect of suspension (6) When a suspension of the work requirements set out in subsection 39(1) and the charges under subsection 40(1) is recorded, (a) the duration of the claim is extended by the duration of the suspension; and (b) for the purpose of determining a year referred to in subsections 39(1) and 40(1), any year included in a suspension is to be excluded. SOR/2020-209, s. 8
Nunavut Mining Regulations — 52
Application 52 (1) The holder of a recorded claim (in this section referred to as the “original claim”) may make an application to the Mining Recorder to reduce the number of units included in the claim if (a) a certificate of work in respect of the claim sets out a cost of work of at least $135 per unit; (b) each unit included in the reduced-area claim is contiguous to another unit in that claim; and (c) the units included in the reduced-area claim do not enclose a unit that is not included in that claim. One application per year (2) Not more than one application for a reduced-area claim may be made per year beginning on the date of the recording of the original claim. Recording of reduced-area claim (3) The Mining Recorder must record the reduced-area claim if the conditions set out in subsections (1) and (2) are met. Effect of recording (4) When a reduced-area claim is recorded, (a) the recording date of the original claim is considered to be its recording date; (b) the information recorded, including the applications and the documents filed with respect to the original claim, is considered to have been recorded or presented with respect to the reduced-area claim; and (c) the recording of the original claim is cancelled. Opening of lands for prospecting (5) Subject to subsection (6) and section 14, the lands in the original claim that are not within the reduced-area claim are open for prospecting, and the units containing those lands are available for recording as a claim, beginning on the 31st day after the day on which the recording of the original claim is cancelled. Delay in opening lands — environmental damage (6) If the Minister has reasonable grounds to believe that there is unremedied environmental damage to the lands referred to in subsection (5), the Minister may delay opening the lands for prospecting and making available the units containing those lands for recording as a claim. Prohibition (7) For one year after the recording of the original claim is cancelled under paragraph (4)(c), the former claim holder and any person related to the former claim holder are not permitted to apply to record a claim that includes any unit that was included in the original claim but does not form part of the reduced-area claim or to acquire a legal or beneficial interest in respect of that claim. Reduction — subsections 39(1) and 40(1) (8) For the application of subsections 39(1) and 40(1), the number of units included in the claim is considered to be reduced on the first anniversary date of the recording of the claim following the reduction. SOR/2020-209, s. 8
Nunavut Mining Regulations — 53
Unauthorized activities 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 120 days after the day on which the notice is sent, the holder can show that the information is not correct: (a) the claim holder or the person authorized to act on their behalf was not authorized under these Regulations to acquire the claim or an interest in it, or (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. Cancellation of recording (3) If the claim holder does not show the Mining Recorder that the information is not correct within 120 days after the day on which the notice is sent, the recording of the claim is cancelled. (4) [Repealed, SOR/2020-209, s. 9] SOR/2020-209, s. 9
Nunavut Mining Regulations — 53.1
Land or unit incorrectly included in recorded claim 53.1 (1) The Mining Recorder must cancel the recording of a claim in respect of which it is determined, on the recording date of the claim, that any land or unit was erroneously included in that claim (in this section referred to as the “original claim”). Recording of corrected claim (2) On the day on which the recording of the original claim is cancelled, the Mining Recorder must (a) record a corrected claim without including the land or unit referred to in subsection (1) if it is possible to exclude that land or unit from the claim and to amend the boundaries of the claim; and (b) notify the claim holder of the cancellation of the recording of the original claim and of the recording of any corrected claim. Effect of recording (3) When a corrected claim is recorded, the information recorded, including the applications and documents filed with respect to the original claim, is considered to have been recorded or presented with respect to the corrected claim. SOR/2020-209, s. 11
Nunavut Mining Regulations — 54
Cancellation of recording 54 The recording of a claim is cancelled if the claim holder makes an application to the Mining Recorder to cancel it. The cancellation 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. SOR/2020-209, s. 11
Nunavut Mining Regulations — 55
No application for lease or termination of lease 55 The recording of a claim is cancelled (a) at the end of the 29-year period that begins on its recording date, plus any extensions referred to in paragraphs 51(6)(a) and 67(4)(c), if no application for a lease has been received by the Mining Recorder before the end of that period; (b) at the end of the 30-year period that begins on its recording date, plus any extensions referred to in paragraphs 51(6)(a) and 67(4)(c), if an application for a lease has been received by the Mining Recorder and no lease has been issued on the claim under subsection 60(3) before the end of that period; or (c) on the day on which a lease on the claim has terminated without being renewed under subsection 62(2) or has been cancelled under subsection 63(2) or section 64. SOR/2020-209, s. 12 SOR/2020-209, s. 13
Nunavut Mining Regulations — 56
Opening of lands for prospecting 56 (1) Subject to subsection (2) and sections 14 and 85, the lands that were covered by a claim the recording of which has been cancelled under section 50, subsection 53(3) or section 54 or 55 are open for prospecting, and the units containing those lands are available for recording as a claim, beginning on the 31st day after the day on which the recording of the claim is cancelled. Delay in opening lands — environmental damage (2) 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), the Minister may delay opening the lands for prospecting and making available the units containing those lands for recording as a claim. Prohibition (3) For one year after the recording of the claim is cancelled under a provision set out in subsection (1), the former holder of the claim or leased claim and any person related to them are not permitted to make an application to record a claim that includes any unit that was included in the claim the recording of which has been cancelled or to acquire a legal or beneficial interest in respect of that claim. SOR/2020-209, s. 13
Nunavut Mining Regulations — 57
Survey required for lease 57 (1) A holder of a recorded claim who wants to obtain a lease of the recorded claim must (a) obtain a plan of survey of the claim made under section 31 of the Canada Lands Surveys Act ; (b) send a copy of the plan of survey and a notice in the prescribed form, by registered mail or courier, to the holders of (i) all contiguous recorded claims and leased claims at their addresses provided to the Mining Recorder, and (ii) the surface rights if the surveyed claim is located, partly or totally, on their lands or contiguous to those lands; and (c) send to the Mining Recorder a copy of the plan of survey, the notice and evidence that the holders referred to in paragraph (b) have received those documents. Posting of notice (2) On receipt of the documents referred to in paragraph (1)(c), the Mining Recorder must post the notice on the online mining rights administration system for a period of 21 days. SOR/2020-209, s. 15
Nunavut Mining Regulations — 58
Recording of plan of survey 58 The Mining Recorder must record the plan of survey if (a) 30 days have elapsed after the end of the period for the posting of a notice under subsection 57(2) and the Mining Recorder has not received any protest with respect to the survey; (b) the applicable fee set out in Schedule 1 has been paid; and (c) the requirements set out in section 57 have been met. SOR/2020-209, s. 15