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Nunavut Mining Regulations

Version of section 53 from 2014-03-28 to 2021-01-29:

Marginal note:Notice of cancellation

  •  (1) If the Mining Recorder has information that either of the following circumstances apply in respect of a recorded claim, the Mining Recorder must immediately send the claim holder a notice that the recording of the claim will be cancelled unless, within 60 days, the holder can show that the information is not correct:

    • (a) the claim holder knowingly made a false or misleading statement on the application to record the claim;

    • (b) the claim holder has contravened subsection 7(2).

  • Marginal note:Notice to claim holder

    (2) The notice must set out the reason for the impending cancellation and a summary of the evidence to support the cancellation.

  • Marginal note:Default

    (3) If the claim holder has not shown the Mining Recorder that the information is not correct within 60 days after the day on which the notice was sent, the recording of the claim is cancelled.

  • Marginal note:Cancellation of recording or exclusion of lands

    (4) If it is determined that a recorded claim includes any of the following lands, the Mining Recorder must cancel the recording of the claim or, if it is possible to exclude those lands from the claim, must amend the boundaries of the recorded claim to do so, and must notify the claim holder accordingly:

    • (a) lands referred to in section 5;

    • (b) lands that were staked in contravention of section 6;

    • (c) lands to which these Regulations do not apply.

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