FAQ on Claim Conversion

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What is claim conversion?

Claim conversion is the process used to transform a ground staked claim recorded under the former (2014) regulations to a claim composed of units from a pre-defined grid and displayed on an online map. The converted claim will be recorded on the 91st day beginning on the day the new regulations come into force. The converted claim will receive a new number and its original recording will be cancelled. To simplify the management of the next reports of work, the converted claim will receive a "deemed recording date" corresponding to its next anniversary date established under the former (2014) regulations. For more details, see the question on the difference between the recording date and the deemed recording date of a converted claim. Information that is on file for a claim before its conversion will be transferred to the converted claim.

If there is any open Crown lands within a unit that is part of the claim before conversion, the claim will be expanded to fill these available lands. For more details on that subject, see the question on claim expansion.

What is claim expansion?

Claim expansion is part of the conversion process for mineral claims recorded under the former (2014) regulations where these claims are contiguous to open Crown lands. The purpose of expansion is to eliminate any open Crown lands inside units that are part of a claim that exists prior to the coming into force of the new regulations, making all open lands in a unit part of the converted claim.

On the 91st day beginning on the coming into force of the new regulations, existing claims will be expanded to include the entire available lands – that are contiguous to them – within all grid units they occupied before being recorded as unit claims. The expansion will not increase the costs of work required for a claim under the new rules because these costs will be based on the number of units in a claim and not on its area.

Note that unit claims will exclude lands that are part of prospecting permits, other claims or leases, or lands that are not available for prospecting such as lands within a National Park or Inuit owned lands where the Inuit own the sub-surface rights. It will remain the responsibility of the claim holder to determine where the boundary of his recorded unit claim is located in relation to all these types of lands.

Will existing leases be converted?

Existing leases will not be converted into unit claims on the coming into force of the new regulations. Their limits will be represented on the online map as determined by the legal survey carried out under the former (2014) regulations.

Let’s say my ground staked claim occupies a very small portion of a unit which is otherwise open Crown land. Can I refuse to have my claim expanded to occupy these lands?

The expansion of claims existing before the coming into force of the new regulations is mandatory. However, a transitional measure will facilitate the reduction of converted claims. For more details, see the question on the reduction of converted claims.

To visualize the effects of the one-time conversion of claims, illustrations depicting the expansion and reduction principles at Conversion of Staked Claims into Unit Claims.

How are you going to manage the expansion of multiple staked claims sharing a unit that contains open Crown lands?

If more than one staked claim occupy a unit containing open Crown lands, the claim that was staked first – among the claims that are contiguous to the open Crown land – will be expanded. It is estimated that the expansion will increase the total area of claims in Nunavut by approximately 7%.

What is the "anniversary date" of a claim?

The anniversary date of a claim is repeated each year, always on the same date as its original recording date. For example if a claim is recorded on January 5th, 2020, its anniversary date will be on January 5th of every subsequent year.

Will recording of claims in good standing under the former (2014) regulations be cancelled on the coming into force date of the new regulations?

No, the recording of claims in good standing on the day before the coming into force of the new regulations will be maintained until their conversion to unit claims after the 90-day transitional period. On the 91st day beginning on the coming into force of the new regulations, the original recording will be cancelled, the converted claim will be recorded and it will receive a "deemed recording date" which is its next anniversary date established under the former (2014) regulations. For more details, see the question on the difference between the recording date and the deemed recording date of a converted claim.

Why will claims recorded under the former (2014) regulations be recorded again after the 90-day transitional period?

The cancellation of the recording of existing claims and their recording as new claims under the new regulations is a fundamental aspect of their conversion into unit claims. The new recording will mark the end of the current regime and the beginning of the mineral rights administration regime established under the new regulations. The recording of unit claims will take into account their new 30-year duration, their expansion to match the boundaries of the grid predefined in the Nunavut Online Mining Rights Administration System, as well as the revised work cost requirements.

What is the difference between the "recording date" and the "deemed recording date" of a converted claim?

Although an existing claim is recorded on the 91st day beginning on the day the new regulations come into force, it is deemed to be recorded on a later date. The deemed recording date is the first date, following the 90-day transitional period, that has the same day and the same month as the initial recording date of the claim before conversion. The deemed recording date is the first day of the new 30-year duration of the converted claim (see examples in Table 1).

What will be the status of the converted claim during the period between its recording date as a unit claim and its deemed recording date?

The holder of the converted claim will have full management of his claim during this period. All provisions of the new regulations related to claims will apply to converted claims recorded as unit claims on the 91st day beginning on the coming into force of these regulations. The holder of the converted claim will have the exclusive right to prospect on the claim lands and it will be permitted to file a report of work, to transfer the claim or to apply for a lease of that claim from the first day after the end of the 90-day transitional period.

Table 1: Examples of claims recording and deemed recording dates of converted claims
Examples of initial recording dates of existing claims before CIF* Date of CIF* and beginning of 90-day transitional period End of 90-day transitional period 91st day beginning on CIF* (day of conversion and recording of the unit claim) First date, after the end of the 90-day transitional period, that has the same day and month as the initial recording date of the claim before conversion Deemed recording date of the converted claim (1st day of year 1 of the converted claim)
Jan 1, 2014 Jan 1, 2018 March 31, 2018 April 1, 2018 Jan 1, 2019 Jan 1, 2019
March 31, 2014 Jan 1, 2018 March 31, 2018 April 1, 2018 March 31, 2019 March 31, 2019
April 1, 2014 Jan 1, 2018 March 31, 2018 April 1, 2018 April 1, 2018 April 1, 2018
April 2, 2014 Jan 1, 2018 March 31, 2018 April 1, 2018 April 2, 2018 April 2, 2018
Dec 31, 2014 Jan 1, 2018 March 31, 2018 April 1, 2018 Dec 31, 2018 Dec 31, 2018
Jan 1, 2015 Jan 1, 2018 March 31, 2018 April 1, 2018 Jan 1, 2019 Jan 1, 2019
March 31, 2015 Jan 1, 2018 March 31, 2018 April 1, 2018 March 31, 2019 March 31, 2019
April 1, 2015 Jan 1, 2018 March 31, 2018 April 1, 2018 April 1, 2018 April 1, 2018
Dec 31, 2015 Jan 1, 2018 March 31, 2018 April 1, 2018 Dec 31, 2018 Dec 31, 2018
Jan 1, 2016 Jan 1, 2018 March 31, 2018 April 1, 2018 Jan 1, 2019 Jan 1, 2019
March 31, 2016 Jan 1, 2018 March 31, 2018 April 1, 2018 March 31, 2019 March 31, 2019
April 1, 2016 Jan 1, 2018 March 31, 2018 April 1, 2018 April 1, 2018 April 1, 2018
April 2, 2016 Jan 1, 2018 March 31, 2018 April 1, 2018 April 2, 2018 April 2, 2018
*CIF = Coming into force of the new regulations
What happens to any unallocated excess costs of work on existing claims after the coming into force date of the new regulations?

Any excess cost of work on existing claims that had not yet been allocated before the coming into force of the new regulations will still exist as unallocated excess work on the claim post conversion. After the 90-day transitional period, the holder of the converted claim will have the opportunity to apply for these excess costs to be allocated towards future years forward under the new Regulations. The revised costs of work requirements will apply.

Will the excess costs of work allocated to the future years of the claims prior to their conversion be taken into account in the determination of the deadline to submit the first report of work after the 90-day transitional period?

All costs of work already allocated to future years will be taken into account in determining the deadline of the first report of work for a converted claim. The holder of the converted claim will not be required to submit a report of work for the period of time for which costs of work have already been allocated to the claim prior to conversion. Transitional rules will establish the new deadline for submission of the first report of work. This date will never be earlier than the reporting date set under the former (2014) Regulations.

In the case of converted claims for which no costs of work have been allocated to future years post conversion, the first report of work shall at a minimum include the costs of work required under the new regulations for the first year of their new 30-year period of validity, which is $ 45 per unit in the claim.

How will the first deadline to report work for a converted claim be determined and what amount of work will have to be reported?

After the coming into force of the new regulations, the holder of a converted claim will have to submit to the Mining Recorder a report of work only for the years for which no excess costs of work have been allocated under the former (2014) regulations and using the new costs of work requirements. The deadline to report work will be 120 days beginning on the anniversary date of the converted claim that marks the end of the year for which work must have been done.

In the case of a converted claim for which no costs of work have been allocated – under the former regulations (2014) – to the time period corresponding to the first year of its new 30-year duration, a first report of work must be submitted no later than one year and 120 days beginning on the date of its deemed recording under the new regulations.

In the case where excess costs of work have been allocated – under the former regulations (2014) – to the future years of the new 30-year duration of the converted claim, the holder of the claim will not be required to submit a report of work for the years for which costs of work have already been allocated. A first report of work must then be submitted no later than 120 days beginning on the anniversary date of the deemed recording under the new regulations that marks the end of the year for which work must have been done.

For examples of deadlines to submit the first report of work on converted claims after the 90-day transitional period see Table 2.

Table 2: Examples of deadlines to submit the first report of work for converted claims
Examples of anniversary dates to report work under the former (2014) regulations Deadline to report work under the former regulations (90th day beginning on the anniversary date to report work*) Coming into force of new regulations 91st day beginning on coming into force of new regulations (day of conversion) Deemed recording date Anniversary date to report work* for the converted claim Deadline to submit the first report of work for a converted claim (120th day beginning on the anniversary date to report work*) The year of the converted claim that the first report of work submitted must cover / cost of work per unit
Oct 2, 2017 Dec 30, 2017 (but no report submitted) Jan 1, 2018 April 1, 2018 Cancelled N/A N/A N/A
Oct 3, 2017 Dec 31, 2017 Jan 1, 2018 April 1, 2018 Oct 3, 2018 Oct 3, 2019 Jan 30, 2020 Year 1
$45
Dec 31, 2017 March 30, 2018 Jan 1, 2018 April 1, 2018 Dec 31, 2018 Dec 31, 2019 April 28, 2020 Year 1
$45
Jan 1, 2018 March 31, 2018 Jan 1, 2018 April 1, 2018 Jan 1, 2019 Jan 1, 2020 April 29, 2020 Year 1
$45
March 31, 2018 June 28, 2018 Jan 1, 2018 April 1, 2018 March 31, 2019 March 31, 2020 July 28, 2020 Year 1
$45
April 1, 2018 June 29, 2018 Jan 1, 2018 April 1, 2018 April 1, 2018 April 1, 2019 July 29, 2019 Year 1
$45
April 2, 2018 June 30, 2018 Jan 1, 2018 April 1, 2018 April 2, 2018 April 2, 2019 July 30, 2019 Year 1
$45
Dec 31, 2018 March 30, 2019 Jan 1, 2018 April 1, 2018 Dec 31, 2018 Dec 31, 2019 April 28, 2020 Year 1
$45
Jan 1, 2019 March 31, 2019 Jan 1, 2018 April 1, 2018 Jan 1, 2019 Jan 1, 2020 April 29, 2020 Year 1
$45
March 31, 2019 June 28, 2019 Jan 1, 2018 April 1, 2018 March 31, 2019 March 31, 2020 July 28, 2020 Year 1
$45
April 1, 2019 June 29, 2019 Jan 1, 2018 April 1, 2018 April 1, 2018 April 1, 2019 July 29, 2019 Year 1
$45
Dec 31, 2019 March 29, 2020 Jan 1, 2018 April 1, 2018 Dec 31, 2018 Dec 31, 2019 April 28, 2020 Year 1
$45
Jan 1, 2020 March 30, 2020 Jan 1, 2018 April 1, 2018 Jan 1, 2019 Jan 1, 2020 April 29, 2020 Year 1
$45
March 31, 2020 April 1, 2018 March 31, 2019 March 31, 2020 July 28, 2020 June 28, 2020 Jan 1, 2018 Year 1
$45
April 1, 2020 June 29, 2020 Jan 1, 2018 April 1, 2018 April 1, 2018 April 1, 2020 July 29, 2020 Year 2
$90
April 2, 2020 June 30, 2020 Jan 1, 2018 April 1, 2018 April 2, 2018 April 2, 2020 July 30, 2020 Year 2
$90
Dec 31, 2020 March 30, 2021 Jan 1, 2018 April 1, 2018 Dec 31, 2018 Dec 31, 2020 April 29, 2021 Year 2
$90
Jan 1, 2021 March 31, 2021 Jan 1, 2018 April 1, 2018 Jan 1, 2019 Jan 1, 2021 April 30, 2021 Year 2
$90
March 31, 2022 June 28, 2022 Jan 1, 2018 April 1, 2018 March 31, 2019 March 31, 2022 July 28, 2022 Year 3
$90
April 1, 2023 June 29, 2023 Jan 1, 2018 April 1, 2018 April 1, 2018 April 1, 2023 July 29, 2023 Year 5
$135
April 2, 2024 June 30, 2024 Jan 1, 2018 April 1, 2018 April 2, 2018 April 2, 2024 July 30, 2024 Year 6
$135
Dec 31, 2025 March 30, 2026 Jan 1, 2018 April 1, 2018 Dec 31, 2018 Dec 31, 2025 April 29, 2026 Year 7
$135
*Anniversary date to report work is the anniversary date marking the end of a period for which work must have been done.
What is the deadline to file the second report of work for a converted claim and to cover which year?

The deadlines to report work after the first report for converted claims follow the usual rules of the new regulations applying to of new claims selected on map. The deadline is 120 days beginning on the subsequent anniversary dates of the deemed recording date of converted claims. The report must at least cover the costs required for the preceding year. If there are excess costs of work reported, they can be allocated to the future years of the claim. The revised costs of work requirements will apply.

Will I have a chance to change the recording date of my converted claim?

For holders of claims recorded under the former (2014) regulations, there will be no opportunity to request that the recording date of their converted claims be modified. This measure aims to simplify the transition of existing claims to the new regime.

However, holders of new unit claims selected and recorded after the 90-day transitional period using the Nunavut Online Mining Rights Administration System will have an opportunity to apply to change the recording date of their claims. The recording date can only be changed once.

Will it be possible to reduce a converted claim?

A transitional rule will be in place to allow for the reduction of a converted claim by removing units after the end of the 90-day transitional period without having to comply with the usual conditions for reduction. The general rule – which requires that at least the equivalent of 2 years’ worth of work have been done on the claim before it is possible to reduce it – will not apply to claims converted in their first year. Furthermore, the cost of work required to be done on the converted claim for its first year will be based on the reduced number of units in the claim.This is an exception to the general rule applying to unit claims selected and recorded using the Nunavut Online Mining Rights Administration System as well as to converted claims after their first year. In these two cases, the effect of the reduction on the number of units – to be considered in the calculations of the cost of work obligations – will be delayed to the year that follows the year the claim is reduced.

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