Summary of Proposed Regulatory Amendments to Implement Map Selection of Claims in Nunavut

No Nunavut Mining Regulations (2014) NEW - Proposed Regulatory Amendments
1. Land that can be staked is determined by regulations without visible boundaries on the ground.

Only units identified on a grid described in the amended regulations and based on the Canada Oil and Gas Land Regulations will be available for selection as part of a claim to be recorded using the web-based Nunavut Map Selection System.

The grid can be visualized using the Nunavut Map Viewer which provides access to spatial data covering Nunavut:

https://services.aadnc-aandc.gc.ca/nms-scn/gv/index.html
2. Paper documents are considered official registry. Electronic data will be considered official registry.
3. Applications, notices, forms and other documents are in paper format and sent by mail or filed in person at the Mining Recorder’s Office. Royalty returns are sent to the Chief by mail. Applications and documents, with the exception of reports on work and royalty returns and their supporting documents, will be submitted online.
4. Payments must be mailed, credit card information can be taken over the telephone or payments in person at the counter of the Mining Recorder’s Office are accepted. Royalty payments are paid by checks or through wire transfers to Public Works and Government Services Canada. The online payments with a credit or debit card will be the only accepted modes of payment except for the royalty payments which will continue to have to be paid by check or wire transfer.
5. Administrative fees are required for items listed in schedule 1 of the Regulations.

Fees for the following items will be repealed:

  • duplicate or renewal of a licence,
  • claim and reduced-area claim tags,
  • application to record a claim or reduced-area claim,
  • certificate of work,
  • application for extension to do work, and request to cancel the recording of a claim.

The other fees will be retained and the amount is unchanged.

6.  

A 90 day period dedicated to the transition from the old to the new regime will be in place beginning on the day the amended regulations come into force (CIF). Prospecting will be authorized but no new staking or selection of units as claims will be allowed during that period.

Pending applications on CIF made in accordance with the Nunavut Mining Regulations (2014) will be processed, except prospecting permits applications.

Existing holders of claims or leased claims will be able continue to manage their existing mineral rights except that it will not be possible to:

  • apply for a mining lease,
  • transfer a claim or a mining lease or acquire an interest in either of them,
  • report on work, and
  • apply for a reduced area claim or leased claim.
7.  

On the 91st day after CIF, all ground staked claims in existence on the day before CIF will be re-recorded and converted to the grid-based claims (unit claims) depicted on a map, with the exception of leased claims. This re-recording will reset the life of the claim to year one.

As a result of this conversion, existing claims that occupy a portion of a unit where the remaining area is open Crown land will be expanded to fill the entire unit.

Where a unit is occupied by numerous claims, the claim that was staked first - and that is adjacent to the open Crown land area - will be expanded to fill the unoccupied portion of the unit.

Following conversion, claims will retain the same anniversary date as before conversion and claim groupings will be maintained. If there is excess unallocated cost of work on a converted claim, the excess will be allocated forward at the request of the claim holder. The new cost of work obligations will apply.
8.

A prospecting licence is required to prospect, apply to record a claim, accept a transfer or assignment of a mineral title, submit an application for a certificate of work or certificate of extension, and acquire a mining lease.

The licence is renewable.

A prospecting licence will  be required to perform the following activities:

  • prospect,
  • apply to record a claim and submit other applications in respect of a claim or a mining lease,
  • acquire a recorded claim, a mining lease or an interest in either of them through a transfer, and
  • receive a certificate of work or a certificate of extension.
The licence will be renewable.
9. Prospecting permits are allowed.

Prospecting permit applications will not be accepted.

Prospecting permit provisions will be retained until permits that exist on the CIF expire or are cancelled.

Permittees will continue to have the exclusive right to submit an application to record a claim within the permit zone. The claim will be made of units selected on map.
10.

The application to record a claim must be filed within 60 days after the date on which the staking is completed.

A refundable work charge is not required when applying to record a claim.

Claims are recorded by the Mining Recorder 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.

The application to record a claim will be made using the web-based Nunavut Map Selection System.

A refundable work charge will be required when applying to record a claim. The charge will be equal to the first year's work charge of $45 per unit ($2.50 per hectare for an average unit of 18 hectares). This concept will be similar to refundable work charges for the existing prospecting permit process.

Claims will be recorded immediately upon payment of the refundable work charge.
11.

Wooden posts, trees, mounds of stones and metal tags are used to identify land as a claim.

The application to record a claim will be made using the web-based Nunavut Map Selection System.

A refundable work charge will be required when applying to record a claim. The charge will be equal to the first year's work charge of $45 per unit ($2.50 per hectare for an average unit of 18 hectares). This concept will be similar to refundable work charges for the existing prospecting permit process.

Claims will be recorded immediately upon payment of the refundable work charge.
12.

Minimum area of a claim: 25 hectares

Maximum area of a claim: 1,250 hectares

Shape of the claim: rectangular

Area of units: between 10 and 25 hectares, depending on the location, with an average of 18 hectares.

Minimum size of a claim: one unit
Maximum size of a claim: 100 units

Within a claim, each selected unit will have to be contiguous to another selected unit. No unselected unit will be enclosed within a claim.

13. Consent from the Designated Inuit Organization to access Inuit Owned Land is required to prospect or stake a claim to Crown owned mineral rights on those lands, unless witness posts can be planted on neighboring land.

Consent from the Designated Inuit Organization will continue to be required to prospect on Inuit Owned Lands, where the Crown owns the mineral rights on those lands, because physical access is necessary. However, physical access to those lands will no longer be necessary to record a claim because staking will no longer be required. Therefore consent for access prior to recording a claim will not be necessary.

14.

To reduce the area of a claim, the claim holder must have done at least 2 years' worth of work ($10 per hectare) on that claim.

When reducing the area of a claim, the reduced claim must be staked using special reduced area tags.

The area excluded from the original claim is reopened for prospecting and staking at noon on the day following the first business day after the day of which the claim is reduced.

To reduce the area of a claim, the claim holder will have to have done at least 2 years' worth of work ($135 per unit in the claim).

The claim holder will have the ability to reduce the area of the claim once a year by selecting the units to be removed. Reduced-area tags will not be available anymore.

The units that were removed will be available to be selected as a claim immediately, unless numerous claims occupy portions of the unit. In that case, the claim that was staked first and that is adjacent to the newly available portion will be expanded to fill that portion.
15.

It is not possible to change the anniversary date of a claim.

The claim holder will have the ability – during the year following the recording of the claim and only once – to choose a new anniversary date to establish, for example, common anniversary dates between various claims.

16.

Work charges to maintain a claim:

  • First two year period: $10/ha
  • Years 3 to 10: $5/ha

Work charges to maintain a claim:

  • Years 1: $45 per unit
  • Years 2: $90 per unit
  • Years 3: $90 per unit
  • Years 4: $90 per unit
  • Years 5 to 7: $135 per unit
  • Years 8 to 10: $180 per unit
  • Years 11 to 20: $225 per unit
  • Years 21 to 30: $270 per unit
17. The definition of "Work" includes a list of activities accepted for the maintenance of claims.

Environmental baseline studies will be removed from the definition of "Work". However, the cost of these studies, up to $290 per unit, will be accepted as non-geological cost of work to obtain a mining lease.

18. Reports on work done over multiple years are accepted. Claim holders will be allowed to report on work done in the 4 years prior to the filing of the report. However, a report can only cover work done over a 12 month period.
19.

The recording of a claim is cancelled if no work has been performed on a claim for 4 periods.

The recording of a claim is cancelled upon the issuance of a third certificate of work indicating that the cost of work is less than the required amount.

It is possible to pay in lieu of work for the first 2 year period of a claim.

Payments in lieu of work are refundable, upon completion of the required work.

The recording of a claim will be cancelled if, for 6 years, no work has been performed on a claim or if a certificate of work indicates that the cost of work is less than the required amount.

It will not be possible to pay in lieu of work for the first 2 years of a claim.

Payments in lieu of work will be refundable, upon completion of the required work.

20. Claims can be grouped if they are contiguous and the total area of the group does not exceed 5,000 hectares.

It will be possible to group claims if they are contiguous and the total number of units in the group does not exceed 400 (equivalent to 4 claims of maximum size or approximately 7,200 hectares). The grouping must not result in the enclosure of a unit that is not part of the grouped claims.

21. The recording of a claim may be cancelled for various reasons identified in regulations.

The following reasons for cancelling the recording of a claim will be eliminated:

  • the claim includes lands that are not open for prospecting, and
  • the claim holder did not receive authorization to stake from the surface rights holder.
22. Lands on which the recording of a claim was cancelled are reopened for prospecting and staking at different times depending on the reason for the cancellation.

All lands on which the recording of a claim was cancelled will be reopened for prospecting and selection of units as a claim after 30 days following the cancellation unless:

  • the Minister delays the reopening because there are grounds to believe that there is unremedied environmental damage to the land, or
  • a ministerial review related to the cancellation of the recording of the claim is pending.
23. An application for a mining lease can be submitted in the tenth year of a claim. The recording of the claim is cancelled if no lease is issued by the end of the tenth year. It will be possible to submit an application for a mining lease before the end of the 29th year. The recording of the claim will be cancelled at the end of the 30th year unless a mining lease is issued.
24.

To obtain a mining lease, the applicant must have:

  • done a minimum of $25 per hectare of work on the claim, which represents 5 years' worth of work,
  • obtained a plan of survey of the claim, and
  • paid the rent for the first year of the lease.
The criteria for leasing claims will be retained, except for the work requirements. A minimum of $1,260 per unit in the claim, which represents 10 years' worth of work, will be required.
25.

The leasing of multiple contiguous claims is allowed.

It will not be possible to lease multiple contiguous claims.

26.

A survey of the claim covered by a lease is required.

The survey is based on the location of the legal posts marking the boundaries of the claim on the ground. The sketch illustrating the claim location, provided with the application to record, is used where posts are missing.

A report on any overlap of boundaries between the surveyed claim and any other claim must be provided by the lease applicant.

A survey of the leased claim will continue to be required to mark, on the land, the claim boundaries using the geographical coordinates from the map.

Legal posts on the ground will not be taken into consideration during the survey of a claim that existed on CIF.

As overlap with other claims will not be possible with map selection, the requirement to provide reports on overlaps will then be repealed.

27.

The lease applicant must send a Notice, in the prescribed form, to the holders of the adjacent claims to inform them of the leasing.

The Notice requirement will be extended to the Designated Inuit Organizations and to Parks Canada if the leased claim is adjacent to Inuit Owned Land or to a park.
28.

Annual rent for a mining lease:

  • $2,50 per hectare for the first term
  • $5,00 per hectare for subsequent terms

Annual rent for a mining lease: $10 per hectare (which corresponds to $180 per unit for a unit having an averaged area of 18 hectares).

The rental amounts prescribed under the Nunavut Mining Regulations (2014) will continue to apply to leases that existed on the CIF until the end of their terms.

29.

Mining leases have a term of 21 years and are renewable.

The reduction of the area of a mining lease can occur at renewal by staking the reduced area of the leased claim and submitting a plan of survey of the new boundaries.

Mining leases will continue to have a 21 year term and to be renewable.

The ability to reduce the area of mining leases issued under the Nunavut Mining Regulations (2014) is repealed. However, it will be possible to reduce the area of a mining lease issued after CIF by reducing the number of units from the leased claim at renewal time. A survey of the reduced leased claim boundaries will still be required.

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