GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Mining Regulations — 60
Application for lease 60 (1) A holder of a recorded claim who wants to obtain a lease of the claim must make an application to the Mining Recorder. Making application (2) The application must be made at least one year before the end of the duration of the recorded claim referred to in section 15 and must be accompanied by the applicable fee set out in Schedule 1. Issuance of lease (3) If the following requirements are met, the Minister must issue the lease to the claim holder for a term of 21 years: (a) before the day on which the application to obtain the lease is made, a certificate of work has been issued in respect of the claim that allocates to the claim a cost of work of at least $1,260 per unit, of which the total of the costs of the plan of survey, of the construction of any roads, airstrips and docks and of environmental baseline studies does not exceed $250 per unit; and (b) before the end of the duration of the recorded claim, (i) a plan of survey of the claim has been recorded under section 58, and (ii) the rent for the first year of the lease has been paid to the Mining Recorder. Work requirements and charges not applicable (4) In respect of any year for which the recorded claim is leased, the work requirements set out in subsection 39(1) and the charges referred to in subsection 40(1) do not apply. SOR/2020-209, s. 17
Nunavut Mining Regulations — 61
Annual rent 61 (1) The annual rent for a lease that was issued before November 1, 2020 is $2.50 per hectare during the first term and $5 per hectare during each renewed term before that date. The annual rent for a lease that is issued under subsection 60(3) on or after November 1, 2020 and for any lease that is renewed under subsection 62(2) on or after that date is $10 per hectare. When rent is due (2) The rent must be paid to the Mining Recorder before the anniversary date of the lease. Waiver of payment of annual rent — COVID-19 (3) Due to the COVID-19 pandemic, the Minister must waive the payment of the annual rent for a lease that becomes due under subsection (2) during the year beginning on March 13, 2020, if the Supervising Mining Recorder receives a written request for a waiver from the lessee before March 13, 2021. Annual rent paid — COVID-19 (4) However, if the annual rent for a lease has already been paid to the Mining Recorder under subsection (2) during the year beginning on March 13, 2020, the Minister must waive the payment of rent for the following year, but the amount waived by the Minister must not exceed the rent paid to the Mining Recorder during the year beginning on March 13, 2020. SOR/2020-174, s. 2 SOR/2020-209, s. 18
Nunavut Mining Regulations — 62
Application for renewal of lease 62 (1) A lease may be renewed by the lessee by making an application to the Mining Recorder at least 120 days before the day on which the lease expires but not earlier than two years before that day. The application must be accompanied by the applicable fee set out in Schedule 1 and the rent for the first year of the renewed lease. Renewal (2) If the requirements set out in subsection (1) are met, the Minister must renew the lease for a period of 21 years. SOR/2020-209, s. 20
Nunavut Mining Regulations — 62.1
Application for reduction in area of leased claim 62.1 (1) The lessee may, not later than one year before the day on which the lease expires, make an application to the Mining Recorder to reduce the number of units included in the recorded claim (in this section referred to as the “original claim”) that is leased if (a) an application for renewal has already been made by the lessee to the Mining Recorder in accordance with subsection 62(1) or the application for reduction in area of the leased claim is accompanied by the application for the renewal; (b) the application for reduction in area is accompanied by a plan of survey of the reduced claim made under section 31 of the Canada Lands Surveys Act ; (c) each unit included in the reduced-area claim is contiguous to another unit in that claim; and (d) the units included in the reduced-area claim do not enclose a unit that is not included in that claim. Exception (2) Despite subsection (1), no application for reduction in area of a leased claim may be made in respect of a lease that was issued before November 1, 2020 or in respect of a claim for which an application to obtain a lease submitted to the Mining Recorder was pending on that date. Recording of reduced leased claim (3) The Mining Recorder must record the reduced-area leased claim when the lease is renewed if the conditions set out in paragraphs (1)(a) to (c) 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 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 included in the original claim that are not included in the reduced 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 lessee and any person related to the former lessee are not permitted to make an application to record a claim that includes any unit that was included in the original claim but does not form part of the reduced claim, or to acquire a legal or beneficial interest in respect of that claim. SOR/2020-209, s. 20
Nunavut 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.
Nunavut Mining Regulations — 64
Application to cancel lease by lessee 64 A lease is cancelled on the day on which an application by the lessee to cancel the lease is received by the Mining Recorder or, if a later day is set out in the application, on that day. SOR/2020-209, s. 21
Nunavut Mining Regulations — 66
Requirements 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) in the case of the transfer of a recorded claim or an interest in a recorded claim, an application for the transfer is made by the claim holder to the Mining Recorder; and (c) in the case of the transfer of a lease, or an interest in a lease, (i) an application for the recording of the transfer is made by the lessee to the Mining Recorder, (ii) the rent and any interest on the lease is paid, and (iii) the applicable fee set out in Schedule 1 is paid to the Mining Recorder. Transfer of claim or interest (2) The transfer of a lease, or an interest in a lease, includes, as the case may be, the transfer of the recorded claim to which the lease applies or of that same interest in the recorded claim to which the lease applies. Condition on transfer within mining property (3) If a recorded claim or a lease of a recorded claim or an interest in either of them is part of a mining property, its transfer 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. SOR/2020-209, s. 23
Nunavut Mining Regulations — 67
Cancellation — recording of claim or lease 67 (1) The recording of a claim, or a lease and the recorded claim to which the lease applies, are cancelled on the day on which any of the following events occurs: (a) the Minister has realized on a charge or security on the real property of the claim holder or the lessee for the costs of remedying any environmental condition or environmental damage under subsection 11.8(8) of the Companies’ Creditors Arrangement Act or subsection 14.06(7) of the Bankruptcy and Insolvency Act ; (b) the interests in territorial lands represented by the claim or lease have reverted to the Crown as a result of a court order made under the Companies’ Creditors Arrangement Act or the Bankruptcy and Insolvency Act ; or (c) the Minister has accepted the claim or lease as a security in respect of a debt or other obligation owed to the Crown and the Minister has realized on the security under section 156 of the Financial Administration Act . Delay in opening lands by the Minister (2) Subject to subsection (3) and section 14, the lands that were covered by a claim the recording of which has been cancelled under subsection (1), or by a lease that has been cancelled under that subsection, are not open for prospecting and the units containing those lands are not available for recording as a claim until the Minister opens them for prospecting. Recording of claim or issuance of lease (3) If it is in the financial interest of the Crown or will aid in remedying environmental damage on territorial lands, the Minister may (a) instruct the Mining Recorder to record, in the name of a specified person, a claim that covers the lands that were covered by the claim the recording of which has been cancelled; and (b) if a lease has been cancelled, issue a lease that covers the claim recorded under paragraph (a) to the holder of the claim. Effect of recording (4) When a claim is recorded under paragraph (3)(a), (a) the recording of the claim is considered to be a transfer of the claim the recording of which has been cancelled; (b) the recording date of the claim is considered to be the recording date of the claim the recording of which has been cancelled; (c) the duration of the claim is extended by a period that is equivalent to the period beginning on the anniversary date of the claim that precedes the cancellation referred to in subsection (1) and ending on the anniversary date following the transfer; and (d) for the purpose of determining any year referred to in subsections 39(1) and 40(1), any year included in the period beginning on the anniversary date of the recording of the claim that precedes the cancellation referred to in subsection (1) and ending on the anniversary date following the transfer is to be excluded. Duration of new lease (5) A lease issued under paragraph (3)(b) is considered to be a transfer of the cancelled lease on the same lands, with the same duration as was left on the previous lease at the time the previous lease was cancelled. SOR/2020-209, s. 23
Nunavut 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.
Nunavut 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 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 exchange rate for the month in which those costs were incurred. SOR/2020-209, s. 24
Nunavut 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), if the recording of a claim 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. SOR/2020-209, s. 26
Nunavut 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.
Nunavut 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.
Nunavut 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.
Nunavut 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).