GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Northwest Territories Mining Regulations — 16
Request for deferral of charge and extension of permit 16 (1) If a permittee is unable to do work with respect to a prospecting permit zone because the permittee is, for reasons beyond the permittee’s control, waiting for a public authority to give an authorization or decision without which the work cannot proceed, the permittee may request an extension of one year for the payment of the charge under section 14 and the duration of the permit. Requirements respecting request (2) The request must be made in writing to the Supervising Mining Recorder before the next charge under section 14 is payable and must be accompanied by documents showing that the permittee is waiting for the authorization or decision. Recording of extension (3) If the requirements of subsection (2) have been met, the Supervising Mining Recorder must record the extension.
Northwest Territories Mining Regulations — 17
Grouping of prospecting permits 17 (1) Prospecting permits may be grouped for the purpose of allocating the cost of work done with respect to them if (a) there are no more than four permits in the group; and (b) the zones of the grouped permits are wholly or partly within a circle having a radius of 32 kilometres. Requirements respecting request (2) A request to group prospecting permits must be submitted in writing to the Mining Recorder. It must be signed by each of the permittees 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 to each of the permittees. Duration of grouping certificate (4) A grouping certificate takes effect on the day on which the fee is submitted under subsection (2) and ceases to have effect on the earlier of (a) the 120th day after the day that any permit in the group expires or is cancelled, and (b) the day on which a new grouping certificate in respect of any permit in the group takes effect. Allocation of cost of work within group (5) On request by any of the permittees referred to 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 prospecting permits referred to in the grouping certificate to those permits. Limit on reallocation (6) The cost of work allocated under subsection (5) must not be reallocated to any prospecting permit referred to in another grouping certificate. Allocation not permitted (7) The cost of work set out in a confirmation under subsection 15 (11) with respect to a prospecting permit that was not, when the confirmation was provided, referred to in a grouping certificate must not be allocated to any other prospecting permit.
Northwest Territories Mining Regulations — 18
Application to record claim in prospecting permit zone 18 (1) A permittee may apply to record a claim wholly or partially within the permittee’s prospecting permit zone only if a confirmation under subsection 15 (11) respecting that zone has been provided setting out a cost of work equal to or greater than the number of hectares in the permit zone multiplied by $0.25. Exclusion of claim from permit zone (2) When a claim referred to in subsection (1) has been recorded, the area covered by the claim no longer forms part of the permit zone. Excess cost of work transferrable to claim (3) If the cost of work that has been justified in a report with respect to a prospecting permit exceeds the charges remitted under subsection 19 (2), the permittee may request the Mining Recorder to allocate the excess cost of work to work required under subsection 39 (1) on a claim referred to in subsection (1). The request must be in the prescribed form and be accompanied by the fee for a certificate of work set out in Schedule 1.
Northwest Territories Mining Regulations — 19
Remission of charge 19 (1) If a confirmation in respect of a prospecting permit is provided under subsection 15 (11), the portion of the charges paid or payable under section 14 that does not exceed the cost of work set out in the confirmation is remitted. To whom remission is payable (2) Any charge referred to under section 14 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 — 20
Cancellation of permit on request 20 A permittee may submit to the Mining Recorder a written request for cancellation of their prospecting permit. The cancellation takes effect at the end of January after it is requested.
Northwest Territories Mining Regulations — 21
Cancellation of permit for non-payment 21 If any charge payable under section 14 is not paid when due, the prospecting permit is cancelled.
Northwest Territories Mining Regulations — 22
Effect of expiration or cancellation of permit 22 (1) The lands that were covered by a prospecting permit that has expired or has been cancelled are open for prospecting and staking at noon on the day following the first business day after the day on which the permit expired or was cancelled. Temporary prohibition relating to former permittee (2) For one year after a prospecting permit expires or is cancelled, the former permittee and any person related to the former permittee 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 expired or cancelled permit; or (b) acquire a legal or beneficial interest in a prospecting permit or claim referred to in paragraph (a).
Northwest Territories Mining Regulations — 23
Area of claim — excluded lands 23 (1) The area of a claim must not exceed 1250 hectares and must not include any lands referred to in section 5 . Shape and boundaries of claim (2) Every claim must, as nearly as possible, meet all of the following specifications: (a) it is rectangular in shape; (b) its boundaries run north, south, east and west astronomically; (c) the length of each boundary is 500 metres or a multiple of 500 metres; (d) the length of the longest boundary is not more than five times the length of the shortest.
Northwest Territories Mining Regulations — 24
Identification tags 24 (1) On payment of the applicable fee set out in Schedule 1, the Mining Recorder must issue a set of four identification tags, with the following inscriptions, for use in identifying the corners of a claim — “NE 1” for the northeast corner, “SE 2” for the southeast corner, “SW 3” for the southwest corner and “NW 4” for the northwest corner. Reduced-area tags (2) On payment of the applicable fee set out in Schedule 1, the Mining Recorder must issue a set of four reduced-area tags for use in marking the corners of a reduced-area claim referred to in section 52 . Identification number (3) Each identification tag in a set must contain a unique identification number for the set.
Northwest Territories Mining Regulations — 25
Marking of boundaries 25 (1) The boundaries and corners of a claim must be marked by legal posts in accordance with sections 26 to 30 . Marking in treed area (2) In a treed area, the boundaries of a claim must be marked along as much of the length as it is possible to mark by cutting underbrush and flagging or blazing trees.
Northwest Territories Mining Regulations — 26
Requirements for legal post 26 (1) A legal post must be one of the following: (a) in a treed area, (i) a post of sound wood planted firmly in an upright position and standing not less than one metre above the ground, with at least the upper 30 centimetres squared off so that each face of the squared portion is not less than four centimetres in width, or (ii) a tree found in position and cut off not less than one metre above the ground, with at least the upper 30 centimetres squared off so that each face of the squared portion is not less than four centimetres in width; (b) in a treeless area, a post described in subparagraph (a)(i) or a mound of stones that is not less than one metre in diameter at the base and not less than 50 centimetres in height. Requirements when mounds of stones are used (2) If a legal post is a mound of stones, then (a) a reference to a tag being secured to that post is to be read as a reference to a tag being inserted in a shatterproof and waterproof container secured in the apex of the mound; and (b) a reference to information being inscribed on that post is to be read as a reference to information being clearly and indelibly written on paper or inscribed on durable material and inserted in a shatterproof and waterproof container secured in the apex of the mound.
Northwest Territories Mining Regulations — 27
Boundary post 27 (1) Subject to subsection (2), boundary posts must be erected at intervals of not more than 500 metres along the boundaries of a claim. Obstructions in boundary line (2) If, because of the presence of a body of water or other natural obstruction or lands on which entry for staking has not been authorized by the holder of the surface rights, it is not practicable to erect a boundary post on the boundary line of the claim, a boundary post must be erected on the boundary line on each side of the body of water or natural obstruction or lands. Common boundary post (3) When two or more claims are staked at the same time by or on behalf of the same licensee and have a common boundary, a single boundary post may be erected to mark any common interval along the boundary. Numbering of boundary posts (4) Boundary posts must be numbered consecutively in a clockwise direction, commencing at “1” after the northeast corner post, and recommencing at “1” after each subsequent corner post. Information on boundary posts (5) The name of the claim, the number referred to in subsection (4) and the following information must be inscribed on each boundary post: (a) on the northern boundary, the letters “NBP” or “BLN”; (b) on the eastern boundary, the letters “EBP” or “BLE”; (c) on the southern boundary, the letters “SBP” or “BLS”; and (d) on the western boundary, the letters “WBP” or “BLO”.
Northwest Territories Mining Regulations — 28
Corner post 28 (1) Subject to section 29 , corner posts must be erected at the four corners of a claim, and an identification tag marked with the required inscription must be secured to each corner post. Common corner post (2) When two or more claims are staked at the same time by or on behalf of the same licensee and have a common corner, a single corner post may be used to mark the common corner. The identification tag for each claim, marked with the required inscription, must be secured to the common corner post. Information on corner posts (3) The following information is to be clearly and indelibly inscribed on the identification tag of each corner post or, if there is insufficient room on the tag, on the post itself: (a) the name of the licensee for whom the claim is staked; (b) the name of the person who erected that post, if that person is not the licensee; (c) the name of the claim; and (d) the date and time that the post was erected.
Northwest Territories Mining Regulations — 29
Witness post 29 (1) If, because of the presence of a body of water or other natural obstruction or lands on which entry for staking has not been authorized by the holder of the surface rights, it is not practicable to erect a corner post, a witness post must be erected at one of the following locations: (a) on a boundary or an extension of a boundary of the claim and as near as practicable to the corner; (b) if it is not practicable to erect it at a location specified in paragraph (a), at a location as near as practicable to the corner. Corner post tag on witness post (2) The identification tag for the corner post must be attached to the witness post. Additional information on witness post (3) In addition to the information referred to in subsection 28 (3), the following information must be inscribed on the identification tag after the letters “WP”: the compass bearing and distance in metres, measured in a straight line, from the witness post to the location where the corner post would have been erected had it been practicable to do so.
Northwest Territories Mining Regulations — 30
Requirements to complete staking 30 When the boundaries and corners of a claim have been marked in accordance with sections 23 to 29 , the date and time of completion of the requirements of those sections and the licence number of the licensee referred to in paragraph 28 (3)(a) must be inscribed on the identification tag of the northeast corner post or of the witness post designating the northeast corner, as the case may be. The claim is then staked.
Northwest Territories Mining Regulations — 31
Verification of staking 31 Compliance with the requirements set out in sections 23 to 30 may be verified by a person authorized by the Minister to perform any function related to the administration and enforcement of these Regulations.
Northwest Territories Mining Regulations — 32
Prohibition 32 (1) Except as provided in subsections (2) and (3), it is prohibited (a) to remove, displace or destroy a legal post; and (b) to remove, deface or alter an identification tag secured to a legal post or an inscription on a legal post. Exception (2) The claim holder, the holder of the surface rights or a public authority may remove a legal post if the post is interfering with their use of the lands. Notification (3) If the holder of the surface rights or a public authority removes a legal post, they must, within 30 days after the removal, notify the claim holder and the Mining Recorder of the removal.
Northwest Territories Mining Regulations — 33
Application 33 (1) Only the licensee for whom a claim has been staked may submit an application to the Mining Recorder to record the claim. Prescribed form and time limit (2) The application must be made in the prescribed form within 60 days after the date on which the staking of the claim is completed. Fee and map (3) The application must be accompanied by the applicable fee set out in Schedule 1 and a map or sketch at the scale of 1:50 000 showing all of the following: (a) the location of the claim in relation to permanent topographical features in the vicinity of the claim; (b) any nearby prospecting permit zones, recorded claims and leased claims; (c) the positions of the corner posts; (d) the positions and numbers of the boundary posts; (e) the positions of any witness posts. Recording of claim (4) If the requirements of subsections (1) to (3) are met, the Mining Recorder must record the claim as soon as practicable after the 60th day following the day on which the staking is completed. The recording date is considered to be the date that the application is received at the Mining Recorder’s office. Duration of claim (5) Unless a recorded claim is leased under subsection 60 (5) or its recording is cancelled under subsection 50 (2) or 53 (3) or section 54 or 55 , the duration of a recorded claim is 10 years, beginning on its recording date, plus any suspensions recorded under section 51 and any extension under subsection 60 (4).
Northwest Territories Mining Regulations — 34
Conflicting applications 34 If applications have been submitted to record two or more claims that overlap, the claim that is staked first in compliance with the staking requirements is the one that must be recorded.
Northwest Territories Mining Regulations — 35
Claim recorded under the law of another province 35 (1) If it is determined that lands covered by a mining claim that is recorded or otherwise recognized under the law regulating the disposition of mining interests in another province are wholly or partly in the Northwest Territories Mining District, and if the portion in the Northwest Territories does not contain lands referred to in section 5 , the claim holder may, within 90 days after the determination, apply to the Mining Recorder to have the portion of the claim within the Northwest Territories recorded as a separate claim. Limitation (2) If an application to record the claim is not made within the period set out in subsection (1), the lands that were covered by the claim and that are within the Northwest Territories are considered to never have been covered by a claim. Recording date and time (3) On receipt of an application made under subsection (1) and the applicable fee set out in Schedule 1, the Mining Recorder must record the claim as soon as practicable, using the date and time when the claim was recorded or otherwise recognized under the law regulating the disposition of mining interests in the other province.
Northwest Territories Mining Regulations — 36
Claim lying partly in another province 36 If a plan of survey recorded under section 59 and prepared with respect to a recorded claim shows that part of the claim is in another province, the Mining Recorder must reduce the boundaries of the claim in accordance with the plan, and must, as soon as practicable, notify the claim holder of the reduction.
Northwest Territories Mining Regulations — 37
Notice of protest 37 (1) If a person wants to dispute the recording of a claim, they must (a) within one year after the day the disputed claim was recorded, file with the Supervising Mining Recorder a notice of protest in the prescribed form; and (b) attest that they believe that they have, before the staking of the disputed claim, staked a claim on all or part of the area covered by the disputed claim. Priority based on time of staking (2) When the recording of a claim is disputed, the recording of the area of the claim in dispute must be accorded to the person who first staked the claim in accordance with these Regulations.
Northwest Territories Mining Regulations — 38
Inquiry by Supervising Mining Recorder 38 (1) When a notice of protest is filed, the Supervising Mining Recorder must (a) send a copy of the notice by registered mail to the holder of the disputed claim; and (b) inquire into the allegations contained in the notice of protest. Powers related to the inquiry (2) For the purposes of the inquiry, the Supervising Mining Recorder may (a) summon and examine under oath any person whose attendance is considered necessary to the inquiry; (b) compel the production of documents by witnesses; and (c) do all things necessary to provide a full and proper inquiry. Determination and reasons (3) After making the inquiry, the Supervising Mining Recorder must determine which claim was staked first and must provide the parties and the Mining Recorder with written reasons for the determination.
Northwest Territories Mining Regulations — 39
Work required 39 (1) The holder of a recorded claim must do work that incurs a cost of work that is equal to or greater than (a) $10 per full or partial hectare in the claim during the two-year period following the day on which the claim is recorded; and (b) $5 per full or partial hectare in the claim during each subsequent one-year period. Work before recording of claim (2) Work that was done during the two years before the claim was recorded is considered to be work done on the claim during the period referred to in paragraph (1)(a).
Northwest Territories Mining Regulations — 40
Report of work or request for extension 40 The claim holder must, no later than 90 days after the end of the period during which the work referred to in subsection 39 (1) must be done, submit to the Mining Recorder (a) a report of the work that has been done in respect of the claim; or (b) an application for a one-year extension to do the work.
Northwest Territories Mining Regulations — 41
Report on work 41 (1) A report of the 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 work is less than $10,000, the report may be a simplified report prepared in accordance with Part 2 of Schedule 2. Signature of report (2) The report must be prepared and signed (a) in the case of a simplified report, by the individual who performed or supervised the work; or (b) in all other cases, by a professional geoscientist or a professional engineer as those terms are defined in subsection 1(1) of the Engineering and Geoscience Professions Act , S.N.W.T. 2006, c. 16. Associated documents (3) The report must be accompanied by the fee for a certificate of work set out in Schedule 1 and 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 44 (1); and (c) a table setting out the cost of work that is attributable to each claim. Claim holder’s equipment or work (4) If a holder of a recorded claim uses their own equipment to perform work or personally performs 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 an amount equal to the cost of engaging another person to do that work. Record keeping (5) The holder of a recorded claim must keep all supporting documents used to justify the cost of work and make them available on request by the Mining Recorder until the holder has received a certificate of work under paragraph 47 (1)(a). Work reported once (6) Work reported in one report must not be reported in any other report.
Northwest Territories Mining Regulations — 42
Application for extension of time 42 (1) The application for a one-year extension referred to in paragraph 40 (b) must be in the prescribed form and be accompanied by the applicable fee set out in Schedule 1 and the charge payable for that period under subsection 43 (1). Certificate of extension (2) If the requirements of subsection (1) are met, the Mining Recorder must issue to the claim holder a certificate of extension for a one-year period to do the work, except that not more than three certificates of extension are to be issued with respect to a claim.
Northwest Territories Mining Regulations — 43
Charge 43 (1) The following charges apply to the right to hold a recorded claim and assess its mineral potential: (a) $10 per full or partial hectare in the claim during the two-year period following the day on which the claim is recorded; and (b) $5 per full or partial hectare in the claim for each subsequent one-year period. Payment (2) The claim holder must pay the charges in accordance with subsection 42 (1) or 49 (1), as the case may be.
Northwest Territories Mining Regulations — 44
Evaluation of report 44 (1) The Mining Recorder must evaluate the report of work that is referred to in paragraph 40 (a) to determine its compliance with Schedule 2 and the cost of work to be entered in a certificate of work under subsection 47 (2). Supporting documents (2) If the Mining Recorder requests supporting documents that justify the cost of work reported, the Mining Recorder must notify the holder of the recorded claim in writing and must specify the cost of work for which the documents are requested. Lack of justification (3) If the holder of the recorded claim does not, within four months after the day the notification is sent, provide the supporting documents requested, the cost of work to which they relate must be considered to be unjustified.