Order Extending Certain Time Limits Established by the Nunavut Mining Regulations (COVID-19)

Time Limits and Other Periods Act (COVID-19)

The Minister of Northern Affairs, pursuant to subsections 7(2) and (5) of the Time Limits and Other Periods Act (COVID-19)Footnote a, makes the annexed Order Extending Certain Time Limits Established by the Nunavut Mining Regulations (COVID-19).

Gatineau, August 7, 2020

Daniel Vandal
Minister of Northern Affairs

Order Extending Certain Time Limits Established by the Nunavut Mining Regulations (COVID-19)

Extension — application for lease

1 If the anniversary date of the recording of a claim — or of a claim that has the earliest recording date of any of the claims in a collection of a contiguous claims — in the year before the end of the duration of the claim falls during the period beginning on March 13, 2020 and ending on October 29, 2020, the time limit set out in paragraph 60(2)(b) of the Nunavut Mining Regulations is extended to the day that is six months before the end of the duration of the claim in question or to October 30, 2020, if that day occurs before the end of that period of six months.

Extension — due date for rent payment

2 With respect to a lease whose annual rent becomes due during the period beginning on March 13, 2020 and ending on October 29, 2020, the time limit set out in subsection 61(2) of the Nunavut Mining Regulations is extended by six months or to October 30, 2020, if that day occurs before the end of that period of six months.

Extension — notice of overdue rent

3 (1) The time limit of 30 days set out in subsection 63(1) of the Nunavut Mining Regulations is extended by 180 days or to October 30, 2020, if that day occurs before the end of that period of 180 days.

Extension — cancellation of lease

(2) The time limits in subsection 63(2) of the Nunavut Mining Regulations are each extended by 180 days or to October 30, 2020, if that day occurs before the end of that period of 180 days.

Coming into force

4 This Order is deemed to have come into force on March 13, 2020.

Explanatory note

This note is not part of the Order.

Issues

As per subsections 7(2) and (5) and paragraph 5(1)(a) of the Time Limits and Other Periods Act (COVID-19), the Minister of Northern Affairs may make an order retroactively extending certain time limits established by the Nunavut Mining Regulations in order to prevent any exceptional circumstances that may be produced by coronavirus disease 2019 (COVID-19) from making it difficult or impossible to meet those time limits.

The COVID-19 pandemic public health emergency and associated social and physical distancing measures created a negative economic environment for the mining industry in Nunavut. It was difficult for holders of recorded claims and mineral leases to meet certain time limits established by the Nunavut Mining Regulations. On August 7, 2020, the Minister of Northern Affairs, the Honourable Daniel Vandal made the Order Extending Certain Time Limits Established by the Nunavut Mining Regulations (COVID-19). The Order extends time limits to pay rent for mineral leases under the Nunavut Mining Regulations that become due between March 13, 2020 and October 29, 2020 inclusively by up to six months, or to October 30, 2020, if that day occurs before the six month period. This extension allows mineral leases to not be in default for unpaid rent due to the pandemic. Time limits to initiate rent collection procedures, as well as time limits for holders of recorded claims to apply for a mineral lease, that fall in the same time period are equally extended in the same way.

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