Nunavut Mining Regulations (SOR/2014-69)

35 [Repealed, SOR/2020-209, s. 7]

36 [Repealed, SOR/2020-209, s. 7]

37 [Repealed, SOR/2020-209, s. 7]

38 [Repealed, SOR/2020-209, s. 7]

Work Requirements

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Charges to Hold Recorded Claim and Assess Mineral Potential

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Report of Work

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Work reported once

  (8) Work reported must not be reported in any other report.

Evaluation of Reports and Cost of Work

Marginal note: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).

• Marginal note: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.

• Marginal note: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.

Marginal note: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).

• Marginal note: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).

• Marginal note:Allocation or non-allocation

  (3) The Mining Recorder must comply with the application.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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).

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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).

• Marginal note:Payment of charge

  (3) The claim holder must pay the charge within 120 days after the day on which the certificate is issued.

Marginal note: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).

• Marginal note: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.

Marginal note: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.

• Marginal note:Exception

  (2) Subsection (1) does not apply if five certificates of extension have already been issued in respect of the claim under that subsection.