Miners Lien Act
Consolidated act- Citation
- R.S.N.W.T. 1988, c.M-12
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca) consolidation downloaded Jun 6, 2026
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by Devolution Measures Act, S.N.W.T. 2014,c.10,s.18 in force April 1, 2014
- s.1 amended by Miscellaneous Statute Law Amendment Act, 2014, S.N.W.T. 2014,c.31,s.13(2)
- s.2 amended by Devolution Measures Act, S.N.W.T. 2014,c.10,s.18(3) in force April 1, 2014
- s.2 amended by Miscellaneous Statute Law Amendment Act, 2014, S.N.W.T. 2014,c.31,s.13(3),(4),(6)
- s.3 amended by Devolution Measures Act, S.N.W.T. 2014,c.10,s.18(3) in force April 1, 2014
- s.3 amended by Miscellaneous Statute Law Amendment Act, 2014, S.N.W.T. 2014,c.31,s.13(3)
- s.5 amended by Miscellaneous Statute Law Amendment Act, 2014, S.N.W.T. 2014,c.31,s.13(3)
- s.7 amended by Devolution Measures Act, S.N.W.T. 2014,c.10,s.18(3) in force April 1, 2014
- s.11 amended by Devolution Measures Act, S.N.W.T. 2014,c.10,s.18(3) in force April 1, 2014
- Regulations
- Miners Lien Forms Regulations, s.1 (under the Miners Lien Act) → s.3(1)
- Miners Lien Forms Regulations, s.2 (under the Miners Lien Act) → s.3(1)
- Miners Lien Forms Regulations, s.3 (under the Miners Lien Act)
- Miners Lien Forms Regulations, s.4 (under the Miners Lien Act) → s.11(1)
- Miners Lien Forms Regulations, Form 1 (under the Miners Lien Act)
- Miners Lien Forms Regulations, Form 2 (under the Miners Lien Act)
- Miners Lien Forms Regulations, Form 3 (under the Miners Lien Act)
- Rules of the Supreme Court of the Northwest Territories - Part One, s.480 (under the Judicature Act)
Definitions
1.In this Act,
"mine" means a mine as defined in the Mining Regulations established under the Northwest Territories Lands Act; (mine)
"miner" means a person working on or in connection with a mine; (mineur)
"owner" includes
(a) a person having an estate or interest in a mine on or in respect of which work or service is done or materials are placed or provided, at whose request and on whose credit, or on whose behalf or consent or for whose direct benefit, the work or service is performed or materials are placed or provided, and
(b) all persons claiming under a person referred to in paragraph (a) whose rights are acquired after the work or service or placing or providing of materials in respect of which the lien is claimed is commenced; (propriétaire)
"registering" or "registration" means the filing or depositing of an instrument with the mining recorder. (enregistrement) S.N.W.T. 2014,c.10,s.18; S.N.W.T. 2014,c.31,s.13(2).
Lien
2.(1) A person who performs any work or service on or in respect of or places or provides any material to be used in the mining or working of a placer or quartz mine has, by virtue of that, a lien for the price of the work, service or material on the minerals or ore produced from and the estate or interest of the owner in the mine in, on or in respect of which the work or service is performed or material placed or provided.
(2) A lien is limited in amount to the sum justly due to the person entitled to the lien.
(3) A lien attaches on
(a) the estate or interest of the owner and of all persons having an interest in the mine;
(b) all appurtenances to the mine;
(c) the minerals or ores produced from the mine;
(d) the land occupied by or enjoyed with the mine; and
(e) the chattels, equipment and machinery in, on or used in connection with the mine or land referred to in paragraph (d).
(4) On registration as provided in this Act, the lien attaches and takes effect as against persons purchasing and mortgagees and other encumbrancers registering their mortgages or encumbrances after the commencement of performance of work or service or placing or providing of material in respect of which the lien is claimed.
(5) A lien registered under this Act takes priority over all mortgages and encumbrances registered on or after March 23, 1937, as to 1/2 of the output from the mine in respect of which the lien is claimed. S.N.W.T. 2014,c.10,s.18(3); S.N.W.T. 2014,c.31,s.13(3),(4),(6).
Claim of lien
3.(1) A claim of lien may be deposited in the office of the mining recorder for the district in which the mine is situate and must state
(a) the name and residence of the claimant and of the owner of the property to be charged and of the person for whom and on whose credit the work or service is performed or material placed or provided and the time or period within which the work, service or material was or was to be performed, placed or provided;
(b) the work or service performed or material placed or provided;
(c) the sum claimed as due or to become due;
(d) the description of the property to be charged; and
(e) the date of the expiration of the period of credit agreed to by the lien holder for payment for the work, service or material of the lien holder where credit has been given.
(2) A claim of lien must be verified by the affidavit of the claimant or his or her agent having a personal knowledge of the facts sworn to. S.N.W.T. 2014,c.10,s.18(3); S.N.W.T. 2014,c.31,s.13(3).
Multiple claims of lien
4.(1) A claim of lien may include the claims of lien of any number of miners, labourers or other persons who may choose to unite their claims of lien.
(2) Each claimant referred to in subsection (1) must verify his or her claim by his or her affidavit but need not repeat the facts set out in the claim of lien.
Time for registration
5.The claim of lien may be registered at any time before the expiration of six months from the last day on which the work or service or material, the subject-matter of the claim, was performed or placed or provided or, where credit has been given, from the time fixed for payment. S.N.W.T. 2014,c.31,s.13(3).
Failure to deposit lien
6.Every lien that has not been duly deposited under this Act ceases to exist on the expiration of the time limited for the registration of the lien under section 5.
Copy of lien
7.The mining recorder in whose office the lien is deposited shall without delay, after the deposit of the lien, send by registered mail a certified true copy of the lien to the person in whose name the mine is recorded. S.N.W.T. 2014,c.10,s.18(3).
Where lien ceases to exist
8.(1) A lien that has been duly filed under this Act shall cease to exist unless, within 90 days after the date of filing of the lien,
(a) an action is commenced to realize on the lien or in which the lien may be realized on under this Act; and
(b) a certificate of lis pendens is filed in the appropriate mining recorder’s office.
(2) The Clerk of the Supreme Court in which an action under subsection (1) is commenced may grant a certificate of lis pendens to any lien holder who is a party to the proceedings.
(3) Any claimant who is a party to the proceedings referred to in subsection (2) may cause a certificate of lis pendens to be filed in the appropriate mining recorder’s office.
Proceedings to enforce lien
9.(1) Proceedings to enforce a lien may be commenced by originating notice in which shall be set out the grounds on which the lien is claimed.
(2) An originating notice shall be granted on application of the lien holder supported by his or her affidavit setting out the facts of his or her claim.
Order
10.On the return of the originating notice referred to in subsection 9(1), a judge of the Supreme Court, on being satisfied that due notice has been given to all persons interested, may adjudicate on the liability of the owner or other person in respect of the claim or claims and may make any order or orders in the matter or matters including allowance of costs of the proceedings that to the judge seems proper.
Actions for liens united
11.(1) Any number of lien holders may join in one summons and any proceedings brought by a lien holder shall be taken to be brought on behalf of all the lien holders who
(a) have duly registered their liens before or within 90 days after the commencement of the proceedings; or
(b) within the period of 90 days referred to in paragraph (a), file with the Clerk of the Supreme Court a statement of their respective claims intituled in or referring to the proceedings.
(2) In the event of the death of the claimant to whom a summons referred to in subsection (1) has been granted or the refusal or neglect of that claimant to proceed, any other lien holder who has duly registered his or her claim or filed his or her statement in the manner and within the time limited by subsection (1) for that purpose may be allowed to continue and prosecute the proceedings on the terms that are considered by the judge of the Supreme Court to be just and reasonable.
(3) If the minerals or ore produced from the mine against which the lien is registered are not sufficient to satisfy the liens so registered, the judge may direct a sale of any estate or interest or any material, equipment, machinery and chattels charged with the lien to take place at any time after three months from the recovery of judgment.
(4) In any case in which judgment is given in favour of a claimant, the judge may adjudge payment to the claimant of the costs of the claimant of and incidental to registration of his or her claim of lien.
(5) On application, a judge of the Supreme Court may at any time after the expiration of 90 days from the commencement of the proceedings, receive payment or security satisfactory to the judge for payment of
(a) a sum sufficient to pay all claims of lien then duly registered as liens or filed with the Clerk of the Supreme Court in accordance with subsection (1), and
(b) a sum estimated by the judge to be sufficient to pay all costs mentioned in subsection (4),
and the judge may upon that vacate the registration of any lien then registered against the mine that is the subject-matter of the proceedings.
(6) An application may be made by way of originating notice to a judge of the Supreme Court at any time by the owner or any person having an estate or interest in the mine against which any lien is registered that the lien be vacated, and the judge may on that application make any order that to the judge seems proper. S.N.W.T. 2014,c.10,s.18(3).
Death of
12.In the event of the death of a lien holder
(a) the right of lien of the lien holder passes to the personal representatives of the lien holder; and
(b) the right of a lien holder may be assigned by any instrument in writing.
Discharge by filing receipt
13.A lien may be discharged in whole or in part by the filing of a receipt signed by the claimant or his or her agent and verified by affidavit in the appropriate mining recorder’s office.
Forms
14.The prescribed forms shall be deemed to be sufficient for the purposes specified in the forms.
Regulations
15.The Commissioner, on the recommendation of the Minister, may make regulations prescribing
(a) the form of an originating summons;
(b) the form of a claim of lien;
(c) the form of a claim of lien for wages;
(d) the form of a claim of lien for wages where there are several claimants; and
(e) the form of an affidavit verifying a claim. New.
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