Nunavut Mining Regulations
Marginal note:Application for lease
60 (1) A holder of a recorded claim who wants to obtain a lease of a recorded claim or a collection of contiguous recorded claims must apply for the lease in the prescribed form.
Marginal note:Application fee and limitation period
(2) The application must
(a) be accompanied by the applicable fee set out in Schedule 1; and
(b) be received by the Mining Recorder at least one year before the end of the duration of the claim or of the claim that has the earliest recording date of any of the claims in the collection of contiguous claims.
Marginal note:Other requirements for lease
(3) Before a lease is issued,
(a) an official plan of survey of the claim, or the collection of contiguous claims, must have been recorded under section 59;
(b) certificates of work must have been recorded with respect to the claim, or with respect to each claim in the collection of contiguous recorded claims, that allocate to the claim, or to each claim, a cost of work of at least $25 per hectare, of which the total of the costs of the official plan of survey and of the construction of any roads, airstrips or docks does not exceed $5 per hectare; and
(c) subject to subsection (6), the rent for the first year of the lease must have been paid to the Mining Recorder.
Marginal note:Extension of duration of claim
(4) If a claim holder who has applied for a lease advises the Mining Recorder in writing that they cannot, for reasons beyond their control, obtain an official plan of survey and record it before the end of the duration of the claim to be leased,
(a) the duration of the recorded claim is extended for one year;
(b) the requirements under section 39 and subsection 43(1) do not apply for that year; and
(c) the application for a lease on the claim remains valid for that year.
Marginal note:Issuance of lease
(5) If, before the end of the duration of the recorded claim or of the claim that has the earliest recording date of any of the claims in the collection of contiguous recorded claims, the requirements of subsections (1) to (3) are met, the Minister must issue the lease to the claim holder for a term of 21 years.
Marginal note:Waiver of payment of rent on application for lease — COVID-19
(6) Due to the coronavirus disease 2019 (COVID-19) pandemic, the Minister must waive the payment of rent required by paragraph (3)(c) for the first year of the lease if — before the end of the duration of the recorded claim, or of the claim that has the earliest recording date of any of the claims in the collection of contiguous claims, or March 13, 2021, whichever comes first — the requirements for the issuance of the lease for the purposes of subsection (5), other than the requirement set out in paragraph (3)(c), have been met and the Supervising Mining Recorder receives a written request for a waiver from the holder of the recorded claim.
Marginal note:Rent paid — COVID-19
(7) However, if the rent for the first year of the lease has already been paid to the Mining Recorder under paragraph (3)(c), the Minister must waive the payment of rent for the second year of the lease.
- SOR/2020-174, s. 1
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