FAQ about Mining Royalty in the Northwest Territories and Nunavut

What is a mining royalty?

A royalty is a payment to the owner of the subsurface mineral rights for the extraction of mineral ores by private parties. Here we discuss the royalty system used for Crown lands in the Northwest Territories and Nunavut.

What types of royalties are there?

The most common types of royalties are:

• ad valorem royalties, assessed as a percentage of the gross value of a mine's output;
• unit volume royalties, assessed on a set dollar per volume basis; and,
• profit-based royalties, assessed as a percentage of the mine's profits.

Profit-based royalties are the preferred method in Canada as they can most closely target the value of the resource in the ground.

On what basis is the royalty calculated in the Northwest Territories and Nunavut?

The royalty is a percentage of the mine's annual profit. In the regulations the profit is called the value of the mine's output. The profit is measured at the mine mouth. At this point the royalty corresponds to a portion of the net value of the ore being extracted, and not a portion of any additional value created by the mine owner from further processing of the ore. The profit is calculated as the mine's total revenue less the cost of mining and processing and other deductions and allowances.

Mine revenue is the market value of a mine's sales plus the value of inventory changes. Mining and processing costs include items such as operating costs, allowances for the exploration and development costs of the mine, ore processing costs, reclamation. Another allowance deducted from mine revenue is a processing allowance. The royalty is directed at the value of the ore extracted and not at the value created when the ore is upgraded. The processing allowance ensures that the mine operator's profit, from further processing of the ore, is not included in the royalty calculation. As the royalty is targeted at the mine mouth net value of the ore, any extra value created by further processing must be deducted from the revenue received from the processed ore.  The deduction of processing costs and the processing allowance ensures that the royalty payment does not capture part of any additional value created by the mine operator, but instead only captures the mine mouth value of the ore.

What are the royalty rates?

The royalty rate applied to the annual mine profit is the lesser of 13% of the total profit and the sum of the marginal royalty rates given in the table below.

For example, a mine with a profit (value of output) of $12 million would pay a royalty of:

0% x 10,000 + 5% x ($5,000,000-10,000) + 6% x (10,000,000-5,000,000) + 7% x (12,000,000-10,000,000) = $0 + $249,500 +$300,000 + $140,000 = $689,500.

Since 13% of $12 million is $1,560,000 which is more than $689,500, the royalty payable is $689,500.

Figure 1 graphs the total royalty payable for profits up to $50 million. The solid blue line is the royalties collected. Royalties increase at an increasing rate due to the rising marginal royalty rate. The dashed line represents what the royalties would have been if an average royalty rate of 13% were charged. The sum of the marginal royalty rates converges towards the maximum average rate of 13%.

Figure 1 Royalties Due for Profits Up to $50 million

Text description of this chart.

At a profit of $225,050,000, the sum of the marginal royalty rates equals a royalty of 13% of total profits. A mine with an annual profit greater than this amount would be subject to the average royalty rate of 13% of total profit. This is shown in Figure 2 by the solid red line.

Figure 2 Convergence of the Sum of the Marginal royalty Rates with the 13% Average Rate at a Profit of $225,050,000

Text description of this chart.

How much is collected in royalties?

From fiscal year 2003/04 to 2009/10 more than $631 million in royalties were collected from mines in operation on Crown lands in the Northwest Territories and Nunavut.

Are there any royalty sharing agreements with First Nations?

Yes. In NWT, the three settled land claim agreements contain royalty revenue sharing for mining on Crown lands within the settlement area.

In Nunavut, where a single comprehensive land claim has been settled, some of the lands selected by the Inuit include ownership of surface and subsurface rights. Where subsurface rights are owned, 100% of all royalties belong to the Inuit.

You may also be interested in:

• A 2008 report comparing the royalty regime in the Northwest Territories and Nunavut to other Canadian and international jurisdictions
  
  
  • Comparative Review of the Rate of Royalty in the Canada Mining Regulation, as Relates to National and International Competitiveness    
• A discussion paper that led to the current design of the royalty regime in Northwest Territories and Nunavut
  
  
  • Proposed Amendments to the Northwest Territories Mining Royalty Regime in the Canada Mining Regulations