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Mining Act

R.S.O. 1990, CHAPTER M.14

Consolidation Period: From October 28, 2009 to December 14, 2009.

This is the most current consolidation of this law available on e-Laws.

Notice of additional information:

The following amendments have been enacted and will be incorporated in a subsequent consolidation:

Good Government Act, 2009, S.O. 2009, c. 33, Sched. 23, s. 1, enacted December 15, 2009.

See Source Law for text of amendments.

There may be more recent events that are not included in this notice.

Last amendment: 2009, c. 21.

SKIP TABLE OF CONTENTS

CONTENTS

Interpretation

1.  (1)In this Act,

“anniversary date”, when referring to a mining claim, means the date that occurs at annual intervals after the recording of a mining claim, or such other date as results from the application of subsection 67 (4); (“date anniversaire”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “anniversary date” is amended by striking out “subsection 67 (4)” and substituting “subsection 67 (2)”. See: 2009, c. 21, ss. 1 (1), 102 (2).

“Commissioner” means the Mining and Lands Commissioner appointed under the Ministry of Natural Resources Act; (“commissaire”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by adding the following definition:

“community based land use plan” has the meaning prescribed by the regulations; (“plan communautaire d’aménagement du territoire”)

See: 2009, c. 21, ss. 1 (2), 102 (2).

“Crown” means Crown in right of Ontario; (“Couronne”)

“Crown land” does not include,

(a) land, the surface rights, mining rights or the mining and surface rights of which are under lease or licence of occupation from the Crown,

(b) land in the actual use or occupation of the Crown, the Crown in right of Canada, or of a department of the Government of Canada or a ministry of the Government of Ontario,

(c) land the use of which is withdrawn or set apart or appropriated for a public purpose, or

(d) land held by a ministry of the Government of Ontario; (“terre de la Couronne”)

“Deputy Minister” means the Deputy Minister of Northern Development and Mines; (“sous-ministre”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by adding the following definitions:

“Far North” has the meaning prescribed by the regulations; (“Grand Nord”)

“ground staking” means the delineation of the area of a mining claim on the ground using posts, tags, flags, blazes or any combination of them, in the manner provided by this Act and the regulations; (“jalonnement au sol”)

See: 2009, c. 21, ss. 1 (2), 102 (2).

“holder”, when referring to the holder of an unpatented mining claim or a licence of occupation issued under this Act, means the holder of record; (“titulaire”)

“in place”, when used in reference to mineral, means in the place or position where originally formed in the solid rock, as distinguished from being in loose, fragmentary or broken rock, boulders, float, beds or deposits of gold or platinum-bearing sand, earth, clay, or gravel, or placer; (“en place”)

“lease” means a leasehold patent; (“bail”)

“lessee” means a person who holds a lease of mining rights, surface rights, or both, issued under this Act or any predecessor of this Act; (“preneur à bail”)

“licensee” means a person holding a prospector’s licence issued under this Act or a renewal thereof; (“titulaire de permis”)

“machinery” includes steam and other engines, boilers, compressors, furnaces, milling and crushing apparatus, hoisting and pumping equipment, chains, trucks, tramways, tackle, blocks, ropes and tools, and all appliances used in or about or in connection with a mine or plant; (“machines”)

“map staking” means the delineation of the area of a mining claim on a map reference system using a method set out in the regulations; (“jalonnement sur carte”)

“metal tag” means the metal tag supplied by the mining recorder or a substitute therefor supplied by the Ministry; (“étiquette métallique”)

“mine”, when used as a noun, includes,

(a) any opening or excavation in, or working of, the ground for the purpose of winning any mineral or mineral bearing substance,

(b) all ways, works, machinery, plant, buildings and premises below or above the ground relating to or used in connection with the activity referred to in clause (a),

(c) any roasting or smelting furnace, concentrator, mill, work or place used for or in connection with washing, crushing, grinding, sifting, reducing, leaching, roasting, smelting, refining or treating any mineral or mineral bearing substance, or conducting research on them,

(d) tailings, wasterock, stockpiles of ore or other material, or any other prescribed substances, or the lands related to any of them, and

(e) mines that have been temporarily suspended, rendered inactive, closed out or abandoned,

but does not include any prescribed classes of plant, premises or works; (“mine”)

“mine”, when used as a verb, means the performance of any work in or about a mine, as defined in its noun sense, except preliminary exploration; (“exploiter”)

“mine hazard” means any feature of a mine, or any disturbance of the ground, that has not been rehabilitated to the prescribed standard; (“risque minier”)

“minerals” means all naturally occurring metallic and non-metallic minerals, including coal, salt, quarry and pit material, gold, silver and all rare and precious minerals and metals, but does not include sand, gravel, peat, gas or oil; (“minéraux”)

“mining claim” means a parcel of land, including land under water, that has been staked and recorded in accordance with this Act and the regulations; (“claim”)

“mining lands” includes,

(a) the lands and mining rights patented or leased under or by authority of a statute, regulation or order in council, respecting mines, minerals or mining,

(b) lands or mining rights located, staked, used or intended to be used for mining purposes, and

(c) surface rights granted solely for mining purposes; (“terrains miniers”)

“mining rights” means the right to minerals on, in or under any land; (“droits miniers”)

“Minister” means the Minister of Northern Development and Mines, except in Part IV where ‘‘Minister” means the Minister of Natural Resources; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

“owner”, when used in Parts VII, IX and XI, includes,

(a) every current owner, lessee or occupier of all or part of a mine, mine hazard or mining lands,

(b) an agent of the current owner, lessee or occupier, or a person designated by the owner, lessee, occupier or agent as being responsible for the control, management and direction of all or part of a mine, mine hazard or mining lands, and

(c) subject to subsections (4) to (13), a secured lender who enters into possession of all or part of a mine, mine hazard or mining lands pursuant to the security it holds with respect to the mine, mine hazard or mining lands; (“propriétaire”)

“patent” means a grant from the Crown in fee simple or for a less estate made under the Great Seal, and includes leasehold patents and freehold patents, but in sections 4, 27, 84, 87 to 95, 176, 179, 182 and 189 the meaning is limited to freehold patents; (“lettres patentes”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“prospecting” means the investigating of, or searching for, minerals; (“prospection”)

“recorder” means a provincial mining recorder appointed under section 6; (“registrateur”)

“regulations” means the regulations made under this Act; (“règlements”)

“surface rights” means every right in land other than the mining rights; (“droits de surface”)

“surface rights owner” means, in respect of an area of land, an owner in fee simple of the land, as shown in the appropriate land registry office, who does not own the mining rights for the land; (“propriétaire de droits de surface”)

“unpatented”, when referring to land or mining rights, means land or mining rights for which a patent, lease, licence of occupation or any other form of Crown grant is not in effect; (“non concédé par lettres patentes”)

“valuable mineral in place” means a vein, lode or deposit of mineral in place appearing at the time of discovery to be of such a nature and containing in the part thereof then exposed such kind and quantity of mineral or minerals in place, other than limestone, marble, clay, marl, peat or building stone, as to make it probable that the vein, lode or deposit is capable of being developed into a producing mine likely to be workable at a profit. (“minéral de valeur en place”) R.S.O. 1990, c. M.14, s. 1; 1996, c. 1, Sched. O, s. 1; 1997, c. 40, s. 1; 1999, c. 12, Sched. O, s. 1 (1, 2); 2001, c. 9, Sched. L, s. 1 (1); 2009, c. 21, ss. 1 (3-7), 101 (2).

Deemed reference to Provincial Recording Office

(2) In this Act, a reference to “recorder’s office” or “office of the recorder” shall be deemed to be a reference to the Provincial Recording Office. 1999, c. 12, Sched. O, s. 1 (3).

Interpretation of “owner”

(3)  A person who receives only a royalty from all or part of a mine, mine hazard or mining lands is not an owner within the meaning of the definition of “owner” in subsection (1). 2001, c. 9, Sched. L, s. 1 (2).

Where secured lender not an “owner”

(4)  A secured lender described in clause (c) of the definition of “owner” in subsection (1) is not an owner if the lender satisfies the Director of Mine Rehabilitation that the lender is in a family or other non-arm’s length relationship with the current owner, lessee or occupier. 2001, c. 9, Sched. L, s. 1 (2).

Same

(5)  A secured lender described in clause (c) of the definition of “owner” in subsection (1) is not an owner if the lender has entered into possession for the purpose of,

(a) conducting, completing or confirming an investigation of the environmental condition of all or part of the mine, mine hazard or mining lands or of the rehabilitative measures that would be required upon their closure;

(b) preserving or protecting the value of all or part of the mine, mine hazard or mining lands on an ongoing basis, including taking steps for,

(i) maintaining public utility services, heat, maintenance services, security and insurance,

(ii) paying taxes or collecting rents,

(iii) dealing with an immediate danger to public health or safety from a contaminant, pollutant or other hazardous substance or with a threat of such danger, or

(iv) preventing flooding; or

(c) repossessing or realizing upon any machinery or personal property with respect to which the lender is a lessor or over which the lender holds security if the Director of Mine Rehabilitation has given prior written approval and subject to any terms and conditions of such approval. 2001, c. 9, Sched. L, s. 1 (2).

Exception

(6)  A secured lender who enters into possession under clause (5) (a) or (b) is nonetheless an owner if the lender creates, materially disturbs or adversely affects a mine hazard. 2001, c. 9, Sched. L, s. 1 (2).

Same, failure to carry out purpose properly

(7)  A secured lender who enters into possession under clause (5) (b) is an owner despite that clause if, in the opinion of the Director of Mine Rehabilitation, the lender fails to properly preserve and protect the value of the mine, mine hazard or mining lands on an ongoing basis, unless, at the request of the lender made with at least six months notice, the Director relieves the lender of that responsibility in writing. 2001, c. 9, Sched. L, s. 1 (2).

Liability of secured lender

(8)  A secured lender who has not been relieved of the responsibility referred to in subsection (7) is liable for damages caused by a failure to properly preserve and protect the value of the mine, mine hazard or mining lands on an ongoing basis. 2001, c. 9, Sched. L, s. 1 (2).

Notice

(9)  Before giving an approval under clause (5) (c), the Director shall give at least 15 days notice to the current owner, lessee, occupier or other person known to have an interest in all or part of the mine, mine hazard or mining lands. 2001, c. 9, Sched. L, s. 1 (2).

Condition of approval

(10)  The Director of Mine Rehabilitation may, as a condition of an approval under clause (5) (c), require that any machinery or personal property repossessed or realized upon be sold or otherwise disposed of by the lender and that all or part of the proceeds be directed to the preservation or protection of the values of all or part of the mine, mine hazard or mining lands. 2001, c. 9, Sched. L, s. 1 (2).

Refusal by Director

(11)  The Director of Mine Rehabilitation may refuse to give an approval under clause (5) (c) if not satisfied that repossessing or realizing upon the machinery or personal property will not adversely affect the proper preservation and protection of the value of all or part of the mine, mine hazard or mining lands. 2001, c. 9, Sched. L, s. 1 (2).

Appeal to the Commissioner

(12)  The secured lender or other interested party may appeal to the Commissioner,

(a) an approval given by the Director under clause (5) (c) or a refusal to give an approval under that clause; or

(b) any terms or conditions that the Director imposes on an approval given under clause (5) (c). 2001, c. 9, Sched. L, s. 1 (2).

Same

(13)  Section 152 applies with necessary modifications to an appeal under subsection (12). 2001, c. 9, Sched. L, s. 1 (2).

Purpose

2.  The purpose of this Act is to encourage prospecting, staking and exploration for the development of mineral resources, in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the duty to consult, and to minimize the impact of these activities on public health and safety and the environment. 2009, c. 21, s. 2.

Application to sales, etc., for other purposes

3. Nothing in this Act affects the sale, lease or location, for agricultural or other purposes, of any land opened for sale or free grant under the Public Lands Act or otherwise. R.S.O. 1990, c. M.14, s. 3.

PART I
ADMINISTRATION

Administrative matters

Public lands and regulations

4. (1)All public lands for mining purposes and for the purposes of the mineral industry and all regulations made with respect to mines or minerals or mining or mining lands or mining rights or the mineral industry shall be administered by the Minister. R.S.O. 1990, c. M.14, s. 4 (1).

Execution of instruments

(2) All patents, leases, licences or other instruments of title and all agreements, contracts or other writings relating to mines or minerals or mining lands or mining rights or the mineral industry shall be signed and executed by the Minister or by the Deputy Minister. R.S.O. 1990, c. M.14, s. 4 (2).

Immunity for acts done in good faith

(3) No action or other proceeding for damages shall be instituted against the Minister, the Deputy Minister or any officer or employee of the Ministry or anyone acting under the authority of the Minister or Deputy Minister for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. R.S.O. 1990, c. M.14, s. 4 (3).

Crown liability

(4) Subsection (3) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (3) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in a like manner as if subsection (3) had not been enacted. R.S.O. 1990, c. M.14, s. 4 (4).

Delegation of Minister’s powers, etc.

(5) Where under this Act a power or duty is granted to or vested in the Minister, the Minister may in writing delegate that power or duty to the Deputy Minister or to any officer or employee of the Ministry, subject to such limitations, conditions and requirements as the Minister sets out in the delegation. R.S.O. 1990, c. M.14, s. 4 (5).

Delegation of Deputy Minister’s powers and duties

(5.1) Where under this Act a power or duty is granted to or vested in the Deputy Minister, the Deputy Minister may in writing delegate that power or duty to any officer or employee of the Ministry, subject to such limitations, conditions and requirements as the Deputy Minister sets out in the delegation. 1999, c. 12, Sched. O, s. 2 (1).

Exception

(5.2) Subsection (5.1) does not apply to the duty set out in subsection (2). 1999, c. 12, Sched. O, s. 2 (1).

Persons authorized to take affidavits

(6) The Minister may authorize officers or employees of the Ministry to administer oaths and to take or receive affidavits, declarations and affirmations authorized by law for the purposes of or incidental to the administration and enforcement of this Act. 1999, c. 12, Sched. O, s. 2 (2).

Powers of authorized persons

(7) An authorized person has all the powers of a commissioner for taking affidavits under the Commissioners for taking Affidavits Act in respect of the oaths, affidavits, declarations or affirmations mentioned in subsection (6). 1999, c. 12, Sched. O, s. 2 (2).

Officers and employees

5. The Minister may appoint officers or employees of the Ministry, and other persons, to exercise powers and perform duties under this Act, as specified in the appointment. 1999, c. 12, Sched. O, s. 3.

Provincial mining recorders

6. (1)The Minister may appoint as many provincial mining recorders as he or she considers advisable from among the officers or employees of the Ministry. 1999, c. 12, Sched. O, s. 3.

Jurisdiction of recorder

(2) A recorder has jurisdiction throughout Ontario. 1999, c. 12, Sched. O, s. 3.

Records

7.  (1)  Records of all mining claims and applications and an abstract for each mining claim that includes all applications, work reports, orders, notes and other entries relating to the claim shall be maintained at the Provincial Recording Office. 2009, c. 21, s. 3.

Maps

(2)  Maps on which all mining claims shall be marked as they are recorded shall be maintained for inspection at the Provincial Recording Office. 2009, c. 21, s. 3.

Same

(3)  The records, abstracts and maps shall be maintained in the form or forms directed by the Minister, including in electronic form. 2009, c. 21, s. 3.

Public availability

(4)  The records, abstracts and maps shall be available for public inspection,

(a) in person at the Provincial Recording Office, during normal business hours; and

(b) if the Minister directs, on the Internet. 2009, c. 21, s. 3.

Personal information

(5)  Any personal information maintained under this section is maintained for the purpose of creating a record that is accessible to the general public, as described in section 37 of the Freedom of Information and Protection of Privacy Act. 2009, c. 21, s. 3.

8.  Repealed: 2009, c. 21, s. 3.

Evidence of records

9. (1)Every copy of or extract from a recorded entry or any document filed in the Provincial Recording Office, certified by a recorder to be a true copy or extract, shall be received in any court as proof, in the absence of evidence to the contrary, of the matter certified without proof of the recorder’s appointment, authority or signature. 1999, c. 12, Sched. O, s. 6.

Computer print-out, etc., admissible evidence

(2) If an entry or document under subsection (1) is recorded or filed electronically or on a magnetic medium, any copy or extract produced from the record or medium that is in readily understandable form is admissible in evidence to the same extent as the original entry or document. 1999, c. 12, Sched. O, s. 6.

Same

(3) If a record in the Provincial Recording Office is recorded electronically or on a magnetic medium and there is no original written record corresponding to it, any writing produced from the record or medium that is in readily understandable form is admissible in evidence to the same extent as the record would be if it were an original written record. 1999, c. 12, Sched. O, s. 6.

Experts, etc.

10.  The Minister may retain the services of any professor, instructor, or other person to investigate the mineral resources of Ontario, or for any work in connection with this Act, and may pay that person for such services at such rate as is agreed upon, out of the money that is appropriated by the Legislature for that purpose. R.S.O. 1990, c. M.14, s. 10; 2006, c. 35, Sched. C, s. 67 (1).

11.  Repealed: 2009, c. 21, s. 4.

Officers not to be interested in lands or claims

12. (1)No officer appointed under this Act shall directly or indirectly, by himself or herself or by any other person, purchase or become interested in any mining lands, mining rights or mining claims situate in Ontario. R.S.O. 1990, c. M.14, s. 12 (1).

Waiver by Deputy Minister

(2) Where the Deputy Minister is satisfied that an officer has in good faith acquired an interest referred to in subsection (1) for other than mining purposes, the Deputy Minister may in writing waive the application of subsection (1) to the officer. R.S.O. 1990, c. M.14, s. 12 (2).

Penalty

(3) Any officer contravening subsection (1) forfeits his or her office. R.S.O. 1990, c. M.14, s. 12 (3).

Recorders are commissioners

13. Every mining recorder is by virtue of his or her office a commissioner for taking affidavits in Ontario. R.S.O. 1990, c. M.14, s. 13.

14. Repealed: 1999, c. 12, Sched. O, s. 7.

Place for filing or recording instruments

15. (1)Unless this Act or a notice under subsection (2) provides otherwise, all applications, documents and other instruments required or permitted to be filed or recorded under this Act shall be filed or recorded in the Provincial Recording Office. 1999, c. 12, Sched. O, s. 8.

Other offices

(2) The Ministry may issue notices permitting or requiring the delivery of instruments specified in the notice at offices other than the Provincial Recording Office. 1999, c. 12, Sched. O, s. 8.

Deemed filing, recording on receipt

(3) Where an instrument is filed or recorded under subsection (1) or delivered in accordance with a notice under subsection (2), the instrument shall be deemed to have been filed or recorded on receipt. 1999, c. 12, Sched. O, s. 8.

Patented mining claims, application of Acts

(4) The Land Titles Act or the Registry Act, as the case may be, applies with respect to a mining claim once the mining claim has been patented. 1999, c. 12, Sched. O, s. 8.

Posting

16. A notice, order or document to be posted under this Act shall be posted in the Provincial Recording Office and may be posted in other Ministry offices. 1999, c. 12, Sched. O, s. 8.

17. Repealed: 1999, c. 12, Sched. O, s. 8.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section:

When documents received

17.  (1)  Subject to subsection (2), any application, document or other instrument required or permitted to be filed or recorded under this Act that is received at the Provincial Recording Office or at an office specified in a notice under subsection 15 (2) after 4:30 p.m. local time shall be deemed to have been received on the next day that the office is open for business. 2009, c. 21, s. 5.

Same, electronic transmission

(2)  Any application, document or other instrument required or permitted to be filed or recorded under this Act that is transmitted by electronic means shall be deemed to have been received at the prescribed time. 2009, c. 21, s. 5.

See: 2009, c. 21, ss. 5, 102 (2).

Licence required

18. (1)No person shall prospect on Crown lands or stake out, record or apply to record the staking of a mining claim unless the person is the holder of a prospector’s licence issued under this Act. R.S.O. 1990, c. M.14, s. 18 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Licence required

(1)  No person shall, without a prospector’s licence, do any of the following with respect to land that has not been recorded as part of a mining claim and for which the mining rights are held by the Crown:

1. Prospect on the land.

2. Stake a mining claim.

3. Make an application to record the staking of a mining claim. 2009, c. 21, s. 6.

See: 2009, c. 21, ss. 6, 102 (2).

(2) Repealed: 1999, c. 12, Sched. O, s. 9.

Prospector’s licences

19. (1)Any natural person who is of the age of eighteen years or over is entitled to obtain a prospector’s licence upon application made in the prescribed form and upon payment of the required fee. R.S.O. 1990, c. M.14, s. 19 (1); 1997, c. 40, s. 7.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Prospector’s licences

(1)  Any person who is 18 years or older is entitled to obtain a prospector’s licence upon providing evidence that he or she successfully completed the prescribed prospector’s awareness program within 60 days before the date of the application for the licence. 2009, c. 21, s. 7 (1).

See: 2009, c. 21, ss. 7 (1), 102 (2).

Date and term of licence

(2) A licence shall be dated on the day of its issue and expires at midnight on the day of the fifth anniversary of the licensee’s birth date that follows the issue of the licence. R.S.O. 1990, c. M.14, s. 19 (2).

(3) Repealed: 2002, c. 18, Sched. M, s. 1.

Licence not transferable

(4) A licence is not transferable. R.S.O. 1990, c. M.14, s. 19 (4).

Who may issue

(5) A licence may be issued by any recorder. R.S.O. 1990, c. M.14, s. 19 (5).

Service

(6) Any notice or document relating to a licensee or holder is sufficiently served upon the licensee or holder if delivered or sent by mail to the address shown on the application for the prospector’s licence or to the address given under subsection (8), if applicable. R.S.O. 1990, c. M.14, s. 19 (6); 1996, c. 1, Sched. O, s. 5 (1); 2009, c. 21, s. 7 (2).

Idem

(7) Where service is made by mail under subsection (6) it shall be deemed to have been made on the fifth day after the day of mailing. R.S.O. 1990, c. M.14, s. 19 (7); 2009, c. 21, s. 7 (3).

Notice of change of address

(8) A licensee or holder shall notify the recorder in writing of any change of address. 1999, c. 12, Sched. O, s. 10.

Numbering of licences

20. Every prospector’s licence shall be numbered. 1999, c. 12, Sched. O, s. 11.

Renewal of licence

21.  (1)  A licensee is entitled to a renewal of the licence if the licensee applies for the renewal in the form established by the Minister and pays the required fee within 60 days before the expiry of the licence. 1999, c. 12, Sched. O, s. 12.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Renewal of licence

(1)  A licensee is entitled to a renewal of his or her licence if, within 60 days before the expiry of the licence, the licensee applies for the renewal and provides evidence that he or she successfully completed the prescribed prospector’s awareness program within 60 days before the expiry of the licence. 2009, c. 21, s. 8 (1).

See: 2009, c. 21, ss. 8 (1), 102 (2).

Notice of expiration of licence

(2) Notice of the expiration of a licence shall be given by the recorder to the holder of the licence not later than sixty days before the expiry date. R.S.O. 1990, c. M.14, s. 21 (2).

Who may renew

(3) A licence may be renewed by any recorder. R.S.O. 1990, c. M.14, s. 21 (3).

Date and term of renewal

(4) The renewal shall bear date on the day following the expiration of the licence or renewal of licence of which it is the renewal and shall take effect immediately upon the expiration of that licence, or renewal thereof, as the case may be. R.S.O. 1990, c. M.14, s. 21 (4).

Form

(5) The renewal shall bear the same number and letter as the original licence and, after it comes into effect, it shall be deemed to be the licence of the licensee and shall expire at 12 o’clock midnight on the day that is the fifth anniversary of the licensee’s birth date following the effective date of the renewal. R.S.O. 1990, c. M.14, s. 21 (5).

Lifetime renewal by Minister

(6) The Minister shall renew without fee the licence of a person who has held a licence for twenty-five years and the licence shall remain in good standing during the lifetime of the licensee. R.S.O. 1990, c. M.14, s. 21 (6); 1996, c. 1, Sched. O, s. 6.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed and the following substituted:

Lifetime renewal by Minister

(6)  The Minister shall renew without fee the licence of a person who has held a licence for 25 years provided that the person successfully completes the prescribed prospector’s awareness program within 60 days before the renewal, and the licence shall remain in good standing during the lifetime of the licensee. 2009, c. 21, s. 8 (2).

See: 2009, c. 21, ss. 8 (2), 102 (2).

Idem

(7) The Minister may, at his or her discretion, renew the licence of a person without fee and order that the licence remain in good standing during the lifetime of the licensee. R.S.O. 1990, c. M.14, s. 21 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed and the following substituted:

Same

(7)  The Minister may, at his or her discretion, renew the licence of a person without fee and order that the licence remain in good standing during the lifetime of the licensee, provided that the person successfully completes the prescribed prospector’s awareness program within 60 days before the renewal. 2009, c. 21, s. 8 (2).

Notice

(8)  The Minister shall notify a prospector whose licence is being renewed under subsection (6) or (7) not later than 60 days before the renewal of the requirement to successfully complete the prescribed prospector’s awareness program. 2009, c. 21, s. 8 (2).

Transition

(9)  Every licensee, including a prospector whose licence was renewed under subsection (6) or (7) before the day this subsection came into force, shall successfully complete the prescribed prospector’s awareness program within two years after the day this subsection comes into force. 2009, c. 21, s. 8 (2).

Exception

(10)  The Minister in his or her sole discretion may waive the requirement in subsection (6), (7) or (9) for a prospector to complete the prospector’s awareness program. 2009, c. 21, s. 8 (2).

See: 2009, c. 21, ss. 8 (2), 102 (2).

Accidental destruction or loss of licence

22.  (1)  If a prospector’s licence is accidentally destroyed or lost, the holder may obtain a duplicate of the licence from a recorder by applying to the Minister for the duplicate. 2009, c. 21, s. 9.

Substituted licence

(2) Every such duplicate shall be marked “substituted licence/permis de remplacement” and shall bear the same date and number as the original licence. R.S.O. 1990, c. M.14, s. 22 (2).

Limitation

23. (1)No person shall apply for or hold more than one prospector’s licence at a time. R.S.O. 1990, c. M.14, s. 23 (1); 2009, c. 21, s. 10 (1).

(2)  Repealed: 2009, c. 21, s. 10 (2).

Production of licence

24. Every licensee shall upon demand produce and exhibit his or her licence to an inspector or a recorder. R.S.O. 1990, c. M.14, s. 24.

25.  Repealed: 2009, c. 21, s. 11.

Revocation, suspension and cancellation of claims, etc. of licence

26. (1)Where the Commissioner finds, after a hearing, that a licensee has been guilty of a wilful contravention of any of the provisions of this Act or the regulations, the Minister may, on the recommendation of the Commissioner, revoke the licence of the licensee and a licence shall not thereafter be issued to such licensee without the authority of the Minister. R.S.O. 1990, c. M.14, s. 26 (1).

Idem

(2) Where a licence is revoked under subsection (1), the Minister shall determine and notify the holder of the licence revoked of the period of time during which a licence shall not be issued to him. R.S.O. 1990, c. M.14, s. 26 (2).

Suspension or revocation of licence

(3) Where a recorder finds, after a hearing, that a licensee has contravened any of the provisions of this Act or the regulations, the Minister may, upon the recommendation of the recorder, suspend or revoke the licence of the licensee. R.S.O. 1990, c. M.14, s. 26 (3); 2000, c. 26, Sched. M, s. 1.

Idem

(4) Where a licence is suspended under subsection (3), the Minister shall determine and notify the holder of the licence suspended of the period of time during which the licence is suspended. R.S.O. 1990, c. M.14, s. 26 (4).

Rights of licensee under suspension

(5) While a licence is suspended under subsection (3), the licensee may renew the licence but the licensee may not stake or apply to record a mining claim. R.S.O. 1990, c. M.14, s. 26 (5); 2009, c. 21, s. 101 (1).

Where holder of mining claim contravenes Act

(6) Where the recorder finds, after a hearing, that a holder of a mining claim has contravened any of the provisions of this Act or the regulations, the Minister may, on the recommendation of the recorder, order that the holder may not acquire an unpatented mining claim or interest therein through transfer or obtain an extension of time in which to perform work or to apply for lease on any unpatented mining claim recorded in the name of the holder. R.S.O. 1990, c. M.14, s. 26 (6).

Cancellation of mining claims

(7) Where the Commissioner finds, after a hearing, that a holder of a mining claim has been guilty of a wilful contravention of any of the provisions of this Act or the regulations, the Minister may, on the recommendation of the Commissioner, declare any mining claims of the holder to be cancelled and upon cancellation all rights of the holder in or to mining claim lands cease. R.S.O. 1990, c. M.14, s. 26 (7).

Order pending hearing

(8) Pending the holding of a hearing on any matter under this section, the Commissioner or the recorder, as the case may be, before whom the hearing will be held, may order that any mining claim of the licensee or holder whose conduct is in question shall not, before the conclusion of the hearing and final disposition of the matter, be transferred to any other person. R.S.O. 1990, c. M.14, s. 26 (8).

Prohibition against staking claims, etc.

(9) Where mining claims are cancelled under subsection (7), the former holder of the mining claims may not stake or apply for a mining claim or acquire an unpatented mining claim or interest therein through transfer for such period of time as the Minister determines, and the Minister shall notify the former holder of the period of time so determined. R.S.O. 1990, c. M.14, s. 26 (9); 2009, c. 21, s. 101 (1).

Appeal

(10) A finding by the Commissioner that a licensee or holder of a mining claim has wilfully contravened this Act or the regulations or by a recorder that a licensee or holder of a mining claim has contravened this Act or the regulations, as the case may be, may be appealed in like manner as any decision of the Commissioner or recorder, respectively, and the Minister shall give effect to the decision on the appeal. R.S.O. 1990, c. M.14, s. 26 (10).

PART II
MINING CLAIMS

Lands Open

Where licensee may prospect for minerals

27. Except where otherwise provided, the holder of a prospector’s licence may prospect for minerals and stake a mining claim on any,

(a) Crown lands, surveyed or unsurveyed;

(b) lands, the mines, minerals or mining rights whereof have been reserved by the Crown in the location, sale, patent or lease of such lands where they have been located, sold, patented or leased after the 6th day of May, 1913,

not at the time,

(c) on record as a mining claim that has not lapsed or been abandoned, cancelled or forfeited; or

(d) withdrawn by any Act, order in council, or other competent authority from prospecting, location or sale, or declared by any such authority to be not open to prospecting, staking or sale as mining claims. R.S.O. 1990, c. M.14, s. 27; 1996, c. 1, Sched. O, s. 8; 2009, c. 21, s. 101 (1, 4).

Claim may be staked

28.  (1)  A licensee may stake a mining claim on any land open for prospecting and, subject to the other provisions of this Act, may work such claim and transfer his or her interest therein to another person, but, where the surface rights in the land have been granted, sold, leased or located by the Crown, compensation must be made as provided by section 79. R.S.O. 1990, c. M.14, s. 28; 2009, c. 21, s. 101 (1).

Application under other Act

(2)  A licensee may stake a mining claim with respect to any minerals or rights that no applicant is specifically requesting to acquire in an application accepted under the Public Lands Act or any other Act. 2000, c. 26, Sched. M, s. 2; 2009, c. 21, s. 101 (1).

Priority of application

(3)  If an applicant is specifically requesting to acquire minerals or rights in an application accepted under the Public Lands Act or any other Act, the application shall have priority over any mining claim staked during the time that the application is pending. 2000, c. 26, Sched. M, s. 2.

Addition to mining claim

(4)  If the application lapses, is withdrawn or is not accepted or approved, a mining claim staked during the time that the application was pending shall be deemed to be amended to include the minerals and rights that were the subject of the application, as if the application had never existed. 2000, c. 26, Sched. M, s. 2.

Lands Not Open

Note: On a day to be named by proclamation of the Lieutenant Governor, the heading before section 29 is repealed and the following substituted:

Restricted Lands

See: 2009, c. 21, ss. 12, 102 (2).

Land not open for prospecting without consent

29. No mining claim shall be staked out or recorded upon any land transferred to or vested in the Ontario Northland Transportation Commission without the consent of the Commission nor, except with the consent of the Minister,

(a) upon any land reserved or set apart as a town site by the Crown;

(b) upon any land laid out into residential lots on a registered plan of subdivision; or

(c) upon any land forming the station grounds, switching grounds, yard or right of way of a railway. R.S.O. 1990, c. M.14, s. 29; 1996, c. 1, Sched. O, s. 9.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 29 is repealed and the following substituted:

Land not open for staking without consent of Minister

29.  (1)  No mining claim shall be staked or recorded except with the consent of the Minister,

(a) on any land that is a lot within a registered plan of subdivision;

(b) on any land for which the surface rights have been subdivided, surveyed or sold or otherwise disposed of by the Ministry of Natural Resources for summer resort purposes;

(c) on any land that is a residential or cottage lot smaller than one hectare in area;

(d) where a residential or cottage lot is one hectare in area or larger, on any land that is,

(i) within 100 metres of a residential or cottage dwelling on the lot, and

(ii) within the property boundary line;

(e) on any land that is railway land, including the station grounds, switching grounds, yard or right-of-way of a railway;

(f) on any land that is being used for a natural gas, oil or water pipeline corridor;

(g) on any land that is part of an airport;

(h) on any land that is improved municipal land used for public purposes, including public buildings, sports fields, arenas, libraries, parks and skating rinks; or

(i) on any land that contains an artificial reservoir, dam, or any building, structure or lands being used in conjunction with the operation of such artificial reservoir or dam. 2009, c. 21, s. 12.

Where claim staked without consent

(2)  If a staked claim includes a small area of land described in subsection (1) and the consent of the Minister was not obtained prior to the staking in respect of the area, the Minister, if he or she is satisfied that the failure to obtain prior consent was inadvertent, may subsequently provide his or her consent and the claim as recorded shall be deemed to include those lands. 2009, c. 21, s. 12.

Land not open for staking without consent of Commission

(3)  No mining claim shall be staked or recorded upon any land transferred to or vested in the Ontario Northland Transportation Commission without the consent of the Commission. 2009, c. 21, s. 12.

See: 2009, c. 21, ss. 12, 102 (2).

Lands upon which claim may not be staked out

30.  (1)  No mining claim shall be staked out or recorded on any land,

(a) that, without reservation of the minerals, has been sold, located, leased or included in a licence of occupation; or

(b) for which an application brought in good faith is pending in the Ministry of Natural Resources under the Public Lands Act or any other Act, and in which the applicant may acquire the minerals that are included in the application; or

(c) where the surface rights have been subdivided, surveyed, sold or otherwise disposed of by the Ministry of Natural Resources for summer resort purposes, except where the Minister certifies in writing that in his or her opinion discovery of valuable mineral in place has been made; or

(d) where the Minister or the Minister of Transportation certifies that land is required for the development of water power or for a highway or for some other purpose in the public interest and the Minister is satisfied that a discovery of mineral in place has not been made thereon; or

(e) in an Indian reserve, except as provided by The Indian Lands Act, 1924; or

(f) while proceedings in respect thereto are pending before the Commissioner or a recorder or until those proceedings are finally determined; or

(g) until the proceeding has been finally determined, in the case of a proceeding that the Commissioner certifies is pending in a court in respect of the land. R.S.O. 1990, c. M.14, s. 30; 1994, c. 27, s. 134 (1); 2000, c. 26, Sched. M, s. 3 (1, 2).

Exclusion of time

(2)  If a proceeding described in clause (1) (g) is pending in a court, the Commissioner, the recorder or the Minister may make an order for an exclusion of time with respect to the mining claim. 2000, c. 26, Sched. M, s. 3 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 30 is repealed and the following substituted:

Lands upon which claim may not be staked

30.  No mining claim shall be staked or recorded on any land,

(a) for which the mining rights have been sold, located, leased or included in a licence of occupation;

(b) for which an application brought in good faith is pending in the Ministry of Natural Resources under the Public Lands Act or any other Act, and in which the applicant may acquire the minerals that are included in the application;

(c) where the Minister or the Minister of Transportation certifies that the land is required for the development of water power or for a highway or for some other purpose in the public interest;

(d) in an Indian reserve, except as provided by The Indian Lands Act, 1924;

(e) within 45 metres of a church, cemetery, or burial ground;

(f) in respect of which a note of pending proceedings has been issued under subsection 64 (2), (2.1) or (2.2), and the note has not been cancelled; or

(g) that is located in the Far North, if a community based land use plan has designated the lands for a use inconsistent with mineral exploration and development. 2009, c. 21, s. 12.

See: 2009, c. 21, ss. 12, 102 (2).

Provincial parks

31.  On and after the day subsection 16 (1) of the Provincial Parks and Conservation Reserves Act, 2006 is proclaimed in force, prospecting or the staking of mining claims or the development of mineral interests or the working of mines in provincial parks and conservation reserves is prohibited. 2006, c. 12, s. 63; 2009, c. 21, s. 101 (4).

Lands used or occupied as gardens, etc.

32. (1)Although the mines or minerals therein have been reserved to the Crown, no person shall prospect for minerals or stake out a mining claim upon the part of a lot that is used as a garden, orchard, vineyard, nursery, plantation or pleasure ground, or upon which crops that may be damaged by such prospecting are growing, or on the part of a lot upon which is situated a spring, artificial reservoir, dam or waterworks, or a dwelling house, outhouse, manufactory, public building, church or cemetery, except with the consent of the owner, lessee, purchaser or locatee of the surface rights, or by order of the recorder or the Commissioner, and upon such terms as to the Commissioner seem just. R.S.O. 1990, c. M.14, s. 32 (1).

Disputes as to lands exempt

(2) If a dispute arises between the intending prospector and the owner, lessee, purchaser or locatee as to land that is exempt from prospecting or staking out under subsection (1), the recorder or the Commissioner shall determine the extent of the land that is so exempt. R.S.O. 1990, c. M.14, s. 32 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 32 is repealed. See: 2009, c. 21, ss. 13, 102 (2).

Valuable water powers not included in claim

33. (1)A water power that lies within the limits of a mining claim and that is capable of producing 150 horsepower or more at low water mark in its natural condition shall not be deemed to be part of the claim for the use of the holder of the claim. 1999, c. 12, Sched. O, s. 13.

Road allowance

(2) A road allowance of 20 meters in width shall be reserved on both sides of the water, together with such additional area of land as a recorder or the Commissioner considers necessary for the development and utilization of the water power. 1999, c. 12, Sched. O, s. 13.

Surface operations near highway

34. Where a mining claim adjoins or is adjacent to a highway or road maintained by the Ministry of Transportation, no surface mining operations shall be carried out within 45 metres of the limits of the highway or road without the written consent of the Minister. 1999, c. 12, Sched. O, s. 13.

Withdrawal and reopening of lands

35.  (1)  The Minister may, by order signed by him or her,

(a) withdraw from prospecting, staking out, sale or lease, or any combination of them, any lands, mining rights or surface rights that are the property of the Crown; and

(b) reopen for prospecting, staking out, sale or lease, or any combination of them, any lands, mining rights or surface rights that have been withdrawn under this Act. 1996, c. 1, Sched. O, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Withdrawal of lands

(1)  The Minister may, by order signed by him or her, withdraw from prospecting, staking, sale and lease any lands, mining rights or surface rights that are the property of the Crown, and the lands, mining rights or surface rights shall remain withdrawn until reopened by the Minister. 2009, c. 21, s. 14 (1).

See: 2009, c. 21, ss. 14 (1), 102 (2).

Copy of order sent to recorder

(2)  Where the Minister makes an order under subsection (1), the Minister shall, within twenty-four hours of the date of the order, mail a copy of the order to the recorder. R.S.O. 1990, c. M.14, s. 35 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed and the following substituted:

Factors to consider

(2)  In making an order under subsection (1), the Minister may consider any factors that he or she considers appropriate, including,

(a) whether the lands, mining rights or surface rights are required for developing or operating public highways, renewable energy projects or power transmission lines or for another use that would benefit the public, whether the order would be consistent with any prescribed land use designation that may be made with respect to the Far North and whether the lands meet the prescribed criteria as a site of Aboriginal cultural significance; and

(b) any other factors that may be prescribed. 2009, c. 21, s. 14 (1).

See: 2009, c. 21, ss. 14 (1), 102 (2).

Posting and filing copy

(3)  On receiving the copy of the order, the recorder shall forthwith post and file it. 1999, c. 12, Sched. O, s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed and the following substituted:

Pre-existing rights and tenure

(3)  A withdrawal order issued under subsection (1) does not affect pre-existing mining rights and tenure such as mining claims, mining leases or licences of occupation. 2009, c. 21, s. 14 (1).

See: 2009, c. 21, ss. 14 (1), 102 (2).

Lands withdrawn not to be prospected, etc.

(4)  Lands, mining rights or surface rights withdrawn under this section, until re-opened by the Minister, shall remain withdrawn and shall not be prospected or staked out. R.S.O. 1990, c. M.14, s. 35 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed and the following substituted:

Reopening of lands

(4)  The Minister may, by order signed by him or her, revoke all or part of a withdrawal order made under subsection (1) and reopen for prospecting, staking, sale and lease any of the lands, mining rights or surface rights or parts of them withdrawn under this section. 2009, c. 21, s. 14 (1).

Copy of order sent to recorder

(4.1)  Where the Minister makes an order under subsection (1) or (4), the Minister shall promptly provide a copy of the order to the recorder’s office. 2009, c. 21, s. 14 (1).

Posting and filing copy

(4.2)  On receiving a copy of the order, the recorder shall promptly make the order available for public inspection in the recorder’s office and may post it on the Internet. 2009, c. 21, s. 14 (1).

See: 2009, c. 21, ss. 14 (1), 102 (2).

Working on behalf of Crown

(5)  The Lieutenant Governor in Council may direct that the mines and minerals in lands, mining rights or surface rights, or in any part thereof, withdrawn under this section may be worked by or on behalf of the Crown. R.S.O. 1990, c. M.14, s. 35 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed. See: 2009, c. 21, ss. 14 (2), 102 (2).

Order not a regulation

(6)  An order under subsection (1) shall be deemed not to be a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. R.S.O. 1990, c. M.14, s. 35 (6); 2006, c. 21, Sched. F, s. 136 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is amended by adding “or (4)” after “subsection (1)”. See: 2009, c. 21, ss. 14 (3), 102 (2).

Southern Ontario and Northern Ontario

35.1  (1)  In this section,

“Northern Ontario” means that part of the province of Ontario lying north of the south shores of the French River, Lake Nipissing and Mattawa River; (“Nord de l’Ontario”)

“Southern Ontario” means that part of the province that is not in Northern Ontario. (“Sud de l’Ontario”) 2009, c. 21, s. 15 (1).

Southern Ontario

(2)  In Southern Ontario, for lands where there is a surface rights owner and the mining rights are held by the Crown, the mining rights shall be deemed to be withdrawn from prospecting, staking, sale and lease as of the day this subsection comes into force. 2009, c. 21, s. 15 (1).

Exception

(3)  Despite subsection (2), any mining claims, mining leases or licences of occupation for mining rights existing on the day this section comes into force shall not be affected by the deemed withdrawal under that subsection and shall remain open for prospecting, sale or lease. 2009, c. 21, s. 15 (1).

Reversion to Crown

(4)  If a mining claim, lease or licence of occupation described in subsection (3) reverts to the Crown by forfeiture, expiry, termination or otherwise, those mining rights shall, upon the reversion to the Crown, be deemed to be withdrawn from prospecting, staking, sale or lease. 2009, c. 21, s. 15 (1).

Application to open lands

(5)  If mining rights have been deemed withdrawn under subsection (2), a surface rights owner may apply to the Minister for an order opening the mining rights for the lands or any part of them for prospecting, staking, sale and lease and the Minister may issue the order. 2009, c. 21, s. 15 (1).

Relief from forfeiture

(6)  Subsection (4) does not affect any powers of the recorder or Commissioner to grant relief from forfeiture or to make related orders under section 49, or any powers of the Minister to revoke, cancel or annul a forfeiture or termination under subsection 185 (1). 2009, c. 21, s. 15 (1).

Same

(7)  Where a recorder or Commissioner grants relief from forfeiture under section 49 or where the Minister revokes, cancels or annuls a forfeiture or termination under subsection 185 (1), the mining rights are no longer deemed withdrawn under subsection (4). 2009, c. 21, s. 15 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 35.1 is amended by adding the following subsections:

Northern Ontario

(8)  In Northern Ontario, for lands where there is a surface rights owner and the mining rights are held by the Crown, the Minister may issue an order withdrawing the mining rights from prospecting, staking, sale or lease upon the surface rights owner applying for the order. 2009, c. 21, s. 15 (2).

Factors to consider

(9)  In deciding whether to issue an order under subsection (8), the Minister shall consider the mineral potential of the lands as assessed by the Minister and any other criteria that may be prescribed. 2009, c. 21, s. 15 (2).

Exception

(10)  Despite subsection (8), any mining claims, mining leases or licences of occupation for mining rights existing on the day the Minister issues an order under that subsection shall not be affected by the order and shall remain open for prospecting, sale and lease. 2009, c. 21, s. 15 (2).

Application to open lands

(11)  If mining rights have been withdrawn by an order under subsection (8), a surface rights owner may apply to the Minister for an order opening the mining rights for the lands or any part of them for prospecting, staking, sale and lease and the Minister may issue the order. 2009, c. 21, s. 15 (2).

Manner of opening

(12)  Where mining rights have been opened under subsection (11), the opening shall occur in accordance with the regulations. 2009, c. 21, s. 15 (2).

Not a regulation

(13)  An order under subsection (8) or (11) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2009, c. 21, s. 15 (2).

See: 2009, c. 21, ss. 15 (2), 102 (2).

36.  Repealed: 2009, c. 21, s. 16.

Permit required

37. Before beginning or carrying on any prescribed assessment work on a mining claim, the holder thereof, in addition to any other requirement, shall obtain a written permit entitling the holder to do so as provided in the Forest Fires Prevention Act or the Public Lands Act. R.S.O. 1990, c. M.14, s. 37.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 37 is repealed. See: 2009, c. 21, ss. 17, 102 (2).

Size and Form of Mining Claims

Manner of staking mining claim

38. (1)  A mining claim shall be staked in such size, form and manner as is prescribed and may be staked on any day. R.S.O. 1990, c. M.14, s. 38.

Map staking

(2)  A mining claim may be staked by the method or methods of map staking set out in the regulations. 2009, c. 21, s. 18.

Mining claims on agricultural lands

39. (1)Where the Minister certifies that land is suitable for disposition for agricultural purposes, a mining claim staked thereon does not give the staker any right, title or interest in or to the surface rights. R.S.O. 1990, c. M.14, s. 39 (1).

Where surface rights necessary for mining operations

(2) Where surface rights on any such land are necessary to the carrying on of mining operations, the Minister may determine the part of the surface rights so required and, if not previously disposed of, may sell or award the surface rights or such part thereof to the claim holder as the Minister considers essential to the efficient carrying on of mining operations, and he or she may require the claim holder to have such surveys made at the expense of the claim holder as he or she considers proper. R.S.O. 1990, c. M.14, s. 39 (2).

Crown reservation

40. (1)Where a mining claim includes land covered with water or bordering on water, the surface rights over a width of no more than 120 metres from the high water mark may be reserved for the Crown. 1999, c. 12, Sched. O, s. 15.

Same

(2) Where a highway or road constructed or maintained by the Ministry of Transportation crosses a mining claim, the surface rights over a width of no more than 90 metres, measured from the outside limits of the right of way of the highway or road along both sides of the highway or road, may be reserved for the Crown. 1999, c. 12, Sched. O, s. 15.

Application of Crown reservation to unpatented mining claims

(3) The reservations of surface rights authorized by subsections (1) and (2) shall be deemed to apply to and to have been made on all unpatented mining claims unless such reservation or reservations are waived by the Minister. R.S.O. 1990, c. M.14, s. 40 (3).

Licences of occupation

Annual rental

41. (1)Despite the provisions of a licence of occupation, there shall be paid, in advance, the prescribed annual rental for the licence of occupation. R.S.O. 1990, c. M.14, s. 41 (1).

When annual rental to be paid

(2) Where a licence of occupation does not specify a date for the payment of the annual rental, the annual rental shall be paid on the anniversary of the effective date of the licence. R.S.O. 1990, c. M.14, s. 41 (2).

Interest

(2.1) Where payment of the rental under any such licence is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid. 1999, c. 12, Sched. O, s. 16.

Reduction or waiver of interest owing

(2.2)  The Minister may reduce or waive the amount of any interest added to rental payments under subsection (2.1). 2002, c. 18, Sched. M, s. 2.

Termination of licence of occupation

(3) Where payment of the rental under any such licence is in arrears for two years or more, the licence may be terminated by an instrument in writing, and all rights and powers therein contained as well as all rights and claims of the licensee, his or her successors or assigns, in or to the lands covered by the licence, cease, but the lands or mining rights contained therein are not open for prospecting, staking, sale or lease under this Act until a date fixed by the Deputy Minister, at least two weeks’ notice of which shall be published in The Ontario Gazette. R.S.O. 1990, c. M.14, s. 41 (3); 2009, c. 21, s. 101 (4).

Reinstatement

(4) Where there is no adverse interest, the Minister may, upon such terms as the Minister considers just, reinstate a licence terminated under subsection (3). R.S.O. 1990, c. M.14, s. 41 (4).

Licence challengeable only by Minister

(4.1)  With the exception of the Minister, no person may, for any reason, challenge the validity of a licence of occupation. 2002, c. 18, Sched. M, s. 2.

When Minister may challenge

(4.2)  The Minister may challenge the validity of a licence of occupation at any time. 2002, c. 18, Sched. M, s. 2.

Restriction on transfer etc.

(5)  A licence or the term or terms that it creates shall not be transferred, mortgaged, charged, sublet or made subject to a debenture without the written consent of the Minister or an officer duly authorized by the Minister. 2000, c. 26, Sched. M, s. 4.

Lease may be issued under s. 81

(6) The holder of a licence of occupation, upon application in writing therefor and upon the surrender of the licence of occupation, may be issued a lease under section 81 and the rental for each year of the term thereof shall be that prescribed for the purposes of section 81 for years after the first year of a term. R.S.O. 1990, c. M.14, s. 41 (6).

Application

(7) This section applies only to a licence of occupation issued under section 52 of The Mining Act, being chapter 241 of the Revised Statutes of Ontario, 1960, or any predecessor thereof, and any licence of occupation heretofore issued without a provision for an annual payment. R.S.O. 1990, c. M.14, s. 41 (7).

Revocation of licence if not used for mining purposes

41.1  (1)  The lands, surface rights or mining rights held under a licence of occupation issued under this Act shall be used solely for mining purposes and, if they are used for other purposes, the Minister may, subject to the approval of the Lieutenant Governor in Council, revoke the licence of occupation. 2009, c. 21, s. 19.

Same

(2)  Subsection (1) applies in respect of all licences of occupation, including those issued before the day this section came into force. 2009, c. 21, s. 19.

Notice of revocation

(3)  Notice of the revocation of a licence of occupation shall be given to the holder of the licence at least 30 days before the revocation takes effect and shall be sent to the last known address for the licence holder in the Ministry’s records. 2009, c. 21, s. 19.

Authority to revoke is not a limitation

(4)  The authority to revoke a licence of occupation under subsection (1) does not limit the application of any provision in this Act or in a licence of occupation that also authorizes the termination, cancellation or revocation of a licence of occupation. 2009, c. 21, s. 19.

Staking Claims

Claims staked in areas during severe fire situations

42.  If the Minister of Natural Resources declares an area to be a restricted travel zone under clause 37 (1) (b) of the Forest Fires Prevention Act or if access to an area is prohibited pursuant to an order made under section 23 of that Act, a mining claim obtained by ground staking in the restricted travel zone or prohibited area, as the case may be, is invalid and of no effect unless the person who staked the claim, on applying to have it recorded, satisfies a recorder that the person entered the area before the declaration was made or the prohibition ordered. 2009, c. 21, s. 20 (2).

Substantial compliance with Act and regulations sufficient

43.  (1)  Where claims are staked by ground staking, substantial compliance as nearly as circumstances will reasonably permit with the requirements of this Act and the regulations as to the ground staking of mining claims is sufficient. 2009, c. 21, s. 21 (1).

Deemed substantial compliance

(2) The ground staking of a mining claim shall be deemed to be in substantial compliance with the requirements of this Act and the regulations even if there is a failure to comply with a number of specific ground staking requirements if,

(a) the failure to comply is not likely to mislead any licensee desiring to stake a claim in the vicinity; and

(b) it is apparent that an attempt has been made in good faith by the licensee to comply with the requirements of this Act and the regulations. R.S.O. 1990, c. M.14, s. 43 (2); 2009, c. 21, s. 21 (2).

Applications to Record

Application to record mining claim

44.  (1)A licensee who has staked out a mining claim shall, not later than 31 days after the day on which the staking out was completed, make an application to record the claim to the recorder. 1996, c. 1, Sched. O, s. 12 (1); 1999, c. 12, Sched. O, s. 18 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Application to record mining claim

(1)  A licensee who has staked a mining claim shall make an application to record the claim to a recorder,

(a) for a claim that was delineated by map staking, within the period prescribed by the regulations; and

(b) for a claim that was delineated by ground staking, not later than 30 days after the day on which the staking was completed. 2009, c. 21, s. 22.

See: 2009, c. 21, ss. 22, 102 (2).

Application requirements

(1.1) The application shall be in the prescribed form and be accompanied by proof of payment of the required fee to any recorder and a sketch or plan showing the prescribed information. 1996, c. 1, Sched. O, s. 12 (1); 1997, c. 40, s. 7.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1.1) is repealed and the following substituted:

Application requirements

(1.1)  The application shall be accompanied by proof of payment of the required fee to any recorder. 2009, c. 21, s. 22.

See: 2009, c. 21, ss. 22, 102 (2).

False statement

(1.2) The recorder or the Commissioner may, after a hearing, cancel the recording of a licensee or holder who knowingly made a false statement in the application to record the claim. 1996, c. 1, Sched. O, s. 12 (1).

Priority of completion prevails

(2) Priority of completion of staking shall prevail where two or more licensees make application to record the staking of all or a part of the same lands. R.S.O. 1990, c. M.14, s. 44 (2).

Notice to other licensee or licensees

(3) Where one of the applications made by two or more licensees to record the staking of a mining claim is entitled to priority under subsection (2), the recorder shall cancel the other application or applications and shall by mail sent not later than the following day notify the other licensee or licensees of the recorder’s action and the reason therefor. R.S.O. 1990, c. M.14, s. 44 (3); 1999, c. 12, Sched. O, s. 18 (2).

Overlapping staking

(4) Despite subsection (3) and section 46, if the other application or applications to record a mining claim cover any land that is not part of the mining claim that is entitled to priority under subsection (2), the recorder may record a mining claim with respect to that part of the land and shall amend the application or applications with respect to the land covered by the previously completed claims. 1996, c. 1, Sched. O, s. 12 (2).

45. Repealed: 1999, c. 12, Sched. O, s. 19.

Recording a mining claim

46. (1)If, in the recorder’s opinion, an application to record a mining claim complies with all the requirements for staking and recording the claim, the recorder shall record the claim and file it, along with the sketch or plan and certificate. 1999, c. 12, Sched. O, s. 20.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by striking out “along with the sketch or plan and certificate” at the end. See: 2009, c. 21, ss. 23 (1), 102 (2).

Not recording a mining claim

(2) If, in the recorder’s opinion, an application to record a mining claim does not comply with all the requirements for staking and recording the claim, the recorder shall not record the claim and, in particular, the recorder shall not record a claim relating to land that is not open to staking. 1999, c. 12, Sched. O, s. 20.

Filing application

(3) If the recorder does not record a claim under subsection (2), the applicant may, on paying the required fee, require the recorder to file the application and any question involved may be determined in accordance with section 48 or 112. 1999, c. 12, Sched. O, s. 20.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed and the following substituted:

Filing application

(3)  If a recorder does not record a claim for the reason described in subsection (2), the applicant may require the recorder to file the application instead. 2009, c. 21, s. 23 (2).

See: 2009, c. 21, ss. 23 (2), 102 (2).

Filing of application not a dispute

(4) The filing of an application under subsection (3) is not a dispute under section 48 unless the applicant complies with the requirements for filing a dispute set out in that section. 1999, c. 12, Sched. O, s. 20.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed and the following substituted:

Determination of filed application

(4)  Any question respecting a filed application may be resolved in accordance with section 48 or 112, or by providing additional information to satisfy the recorder that the application to record the claim complies with all the requirements for staking and recording a claim. 2009, c. 21, s. 23 (2).

See: 2009, c. 21, ss. 23 (2), 102 (2).

Invalidity of application

(5) An application filed under subsection (3) is invalid and of no effect 60 days after it is filed unless a dispute is filed under section 48 or an appeal is taken under section 112 or the Commissioner or recorder orders otherwise. 1999, c. 12, Sched. O, s. 20.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed and the following substituted:

Filing of application not a dispute

(5)  The filing of an application is not equivalent to the filing of a dispute under section 48 unless the applicant complies with the requirements for filing a dispute set out in that section. 2009, c. 21, s. 23 (2).

See: 2009, c. 21, ss. 23 (2), 102 (2).

Cancellation of application under subs. (5)

(6) The recorder shall cancel an application that becomes invalid under subsection (5) or as a result of the determination of the dispute under section 48 or the appeal under section 112. 1999, c. 12, Sched. O, s. 20.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed and the following substituted:

Invalid application

(6)  A filed application becomes invalid 60 days after it is filed unless, within that time,

(a) the applicant provides additional information to the recorder relating to the application and the recorder is satisfied that the application complies with all the requirements for staking and recording a claim;

(b) a dispute is filed under section 48 or an appeal is taken under section 112; or

(c) the Commissioner or recorder orders otherwise. 2009, c. 21, s. 23 (2).

Cancellation of application

(7)  The recorder shall cancel an application that becomes invalid under subsection (6) or as a result of the determination of a dispute under section 48 or an appeal under section 112. 2009, c. 21, s. 23 (2).

See: 2009, c. 21, ss. 23 (2), 102 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section:

Mining claim where surface rights owner

46.1  (1)  If a mining claim is staked on land for which there is a surface rights owner, the licensee shall, within 60 days after making the application to record the mining claim,

(a) give confirmation of staking the mining claim to the surface rights owner in the prescribed manner and file proof at the recorder’s office that confirmation of staking the mining claim has been given; or

(b) apply to a recorder for an order waiving confirmation. 2009, c. 21, s. 24.

Order to waive confirmation

(2)  A recorder may issue an order waiving confirmation if he or she determines that it is not feasible to provide confirmation of staking to the surface rights owner. 2009, c. 21, s. 24.

Claim invalid if no confirmation

(3)  If the licensee does not comply with subsection (1) or if the recorder decides not to issue an order waiving confirmation, then the mining claim becomes invalid 60 days after the date the application to record is made, even if the claim was recorded. 2009, c. 21, s. 24.

Cancellation of application

(4)  The recorder shall cancel a claim that becomes invalid under subsection (3), make a note of the cancellation on the mining claim abstract and notify the licensee in writing of the cancellation. 2009, c. 21, s. 24.

See: 2009, c. 21, ss. 24, 102 (2).

Metal tags

47.  (1)  Metal tags and duplicate tags shall be provided by the Ministry and may be used by any licensee in staking claims in the prescribed manner and within the prescribed time. R.S.O. 1990, c. M.14, s. 47 (1); 1997, c. 40, s. 7; 2009, c. 21, ss. 25, 101 (4).

Transfer of tags

(2)  Metal tags and duplicate tags do not expire but may not be re-used. R.S.O. 1990, c. M.14, s. 47 (2).

Disputing Applications

Dispute of recorded claim

48.  (1)  A dispute, verified by a detailed statement of claim and a certificate, may be filed with the recorder by a person alleging that a recorded claim is illegal or invalid in whole or in part and, if the disputant or the person in whose behalf he or she is acting claims to be entitled to be recorded for or to be entitled to any right or interest in the lands or mining rights, or in any part thereof, comprised in the disputed claim, the dispute shall so state, giving particulars, and the recorder shall receive and file such dispute, and shall enter a note thereof upon the record of the disputed claim. R.S.O. 1990, c. M.14, s. 48 (1); 1997, c. 40, s. 7; 1999, c. 12, Sched. O, s. 21 (1); 2009, c. 21, s. 26 (1).

Notice

(2) The recorder shall forthwith send a copy of the dispute, statement of claim and certificate to the recorded holder or holders of the mining claim who are affected by it. 1999, c. 12, Sched. O, s. 21 (2).

Address for service

(3) The dispute shall indicate the disputant’s address for service in Ontario. 1999, c. 12, Sched. O, s. 21 (3).

Sufficient service

(3.1) Any notice or document relating to the dispute is sufficiently served on the disputant if it is left with an adult at the disputant’s address or sent to the disputant at that address. 1999, c. 12, Sched. O, s. 21 (3).

Same

(4) If no address for service is given as required under subsection (3), any notice or document relating to the dispute may be served on the disputant by posting a copy of it. 1999, c. 12, Sched. O, s. 21 (3).

When not to be received

(5) A dispute that may be filed under this section shall not be received or entered against a claim,

(a) after one year from the recording of the claim;

(b) after the first prescribed unit of assessment work has been performed and filed and, where necessary, approved; or

(c) except by leave of the Commissioner,

(i) after the validity of the claim has been adjudicated upon by the recorder or by the Commissioner, or

(ii) after a dispute has already been entered against the claim. R.S.O. 1990, c. M.14, s. 48 (5); 2000, c. 26, Sched. M, s. 6; 2009, c. 21, s. 26 (2).

Where assessment work subsequently approved

(6) Where a dispute is entered against a claim after the first prescribed unit of assessment work has been performed and filed but before the assessment work has been approved, where approval is necessary, the dispute shall be deemed to have been resolved in favour of the holder or holders of the claim if the assessment work is subsequently approved and the note of the dispute entered on the record of the claim shall be struck out by the recorder who shall by mail sent not later than the following day notify the disputant of the recorder’s action and the reason therefor. R.S.O. 1990, c. M.14, s. 48 (6); 1999, c. 12, Sched. O, s. 21 (4).

Fee includes fee for filing order

(7) Where the required fee has been paid for filing a dispute under subsection (1), such fee shall be deemed to include the fee for filing any order or orders settling the dispute. R.S.O. 1990, c. M.14, s. 48 (7); 1997, c. 40, s. 7.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed. See: 2009, c. 21, ss. 26 (3), 102 (2).

Restaking claim

(8)  Despite clause 27 (c) and subsection 71 (1), if a mining claim was ground staked and no dispute has been filed against the mining claim, any claim holder who has acquired the claim in good faith may at any time restake the claim or have it restaked by ground staking. 2009, c. 21, s. 26 (4).

Recorder’s order

(8.1) Upon the filing with the recorder of a notice of the restaking, the recorder shall order that the restaked claim be deemed to have been recorded on the date of the recording of the original claim, after having given notice to all persons having a recorded interest in the original claim. 1996, c. 1, Sched. O, s. 13 (1); 2009, c. 21, s. 26 (5).

Recording of orders against re-staked claims

(9) Where an order is made under subsection (8.1), orders, assessment work reports, instruments or other notations that have been recorded against the original claim shall be recorded in respect of the re-staked claim. 1999, c. 12, Sched. O, s. 21 (5).

Administrative Error

Relief from forfeiture

49. (1)A recorder may by order relieve an unpatented mining claim that is subject to forfeiture as a result of an administrative error on the part of the Crown from the forfeiture. R.S.O. 1990, c. M.14, s. 49 (1).

Previous staking

(2)  If any part of a claim referred to in subsection (1) has been staked by another licensee, a recorder may make an order with respect to relief from forfeiture, subject to such terms and conditions as the recorder considers appropriate, including an order under subsection 110 (6), or may at any time prior to making an order, refer the matter to the Commissioner. 2009, c. 21, s. 27 (1).

Order by Commissioner

(3) On a reference under subsection (2), the Commissioner may make such order, subject to such conditions, as the Commissioner considers appropriate. R.S.O. 1990, c. M.14, s. 49 (3).

Extension of time

(4) An order under subsection (1), (2) or (3) may grant an extension of time for performing and reporting any work required to be performed or for applying and paying for a lease in respect of the claim or provide for the payment of any fees in respect of the claim. R.S.O. 1990, c. M.14, s. 49 (4); 2009, c. 21, s. 27 (2).

Rights of Licensee

Rights in claim

50. (1)The staking or the filing of an application for or the recording of a mining claim, or the acquisition of any right or interest in a mining claim by any person or all or any of such acts, does not confer upon that person,

(a) any right, title, interest or claim in or to the mining claim other than the right to proceed as is in this Act provided to perform the prescribed assessment work or to obtain a lease from the Crown and, prior to the performance, filing and approval of the first prescribed unit of assessment work, the person is merely a licensee of the Crown and after that period and until he or she obtains a lease the person is a tenant at will of the Crown in respect of the mining claim; or

(b) any right to take, remove or otherwise dispose of any minerals found in, upon or under the mining claim. R.S.O. 1990, c. M.14, s. 50 (1); 2009, c. 21, s. 101 (4).

Surface rights

(2) The holder of a mining claim does not have any right, title or claim to the surface rights of the claim other than the right, subject to the requirements of this Act, to enter upon, use and occupy such part or parts thereof as are necessary for the purpose of prospecting and the efficient exploration, development and operation of the mines, minerals and mining rights therein. R.S.O. 1990, c. M.14, s. 50 (2); 2009, c. 21, s. 28 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 50 is amended by adding the following subsection:

Exploration work

(2.1)  Despite subsection (2), the holder of a mining claim shall not enter upon, use or occupy any part of a mining claim for any exploration work on the claim unless the requirements in sections 78.2 and 78.3 and in the regulations have been met. 2009, c. 21, s. 28 (2).

See: 2009, c. 21, ss. 28 (2), 102 (2).

Taxation

(3) The holder of an unpatented mining claim is not liable to assessment or taxation for municipal or school purposes in respect of such unpatented mining claim. R.S.O. 1990, c. M.14, s. 50 (3).

Same

(4) The holder of a licence of occupation issued under this Act or any predecessor Act is not liable to assessment or taxation for municipal or school purposes in respect to the licence except with respect to improvements for which the holder would be liable to assessment or taxation if the lands were held under a patent. 1999, c. 12, Sched. O, s. 22.

Surface rights on unpatented mining claim

51. (1)Except as in this Act is otherwise provided, the holder of an unpatented mining claim has the right prior to any subsequent right to the user of the surface rights, except the right to sand, peat and gravel, for prospecting and the efficient exploration, development and operation of the mines, minerals and mining rights. R.S.O. 1990, c. M.14, s. 51 (1); 2009, c. 21, s. 29 (1).

Disposition of surface rights

(2) Where the holder of an unpatented mining claim consents to the disposition of surface rights under the Public Lands Act, the recorder shall make an entry on the record of the claim respecting the consent, and thereupon the surface rights may be dealt with as provided in the Public Lands Act. R.S.O. 1990, c. M.14, s. 51 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed and the following substituted:

Surface rights required under Public Lands Act or for public benefit

(2)  Despite subsection (1), where an application has been made under the Public Lands Act for the use of surface rights or for their disposition in whole or in part, or where the surface rights or portions of them are required for developing and operating a public highway, a renewable energy project, a power transmission line or a pipeline for oil, gas or water, or for another use that would benefit the public, the recorder may, if the claim holder does not consent to the proposed use or disposition,

(a) refer the matter to the Commissioner; or

(b) upon giving all interested persons at least 90 days’ notice of a hearing and after hearing any interested persons that appear, make an order on such terms and conditions as the recorder considers appropriate with respect to the surface rights. 2009, c. 21, s. 29 (2).

See: 2009, c. 21, ss. 29 (2), 102 (2).

Survey of surface rights

(3) Where the holder of an unpatented mining claim consents to the disposition of surface rights under subsection (2), the Minister may require a survey of such surface rights, and the survey shall be provided at the expense of the person who has acquired the surface rights. R.S.O. 1990, c. M.14, s. 51 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed and the following substituted:

Where application referred to Commissioner

(3)  Where a matter is referred to the Commissioner under clause (2) (a), the Commissioner shall, upon giving all interested persons at least 90 days’ notice of a hearing and after hearing any interested persons that appear, make an order on such terms and conditions as the Commissioner considers appropriate with respect to the surface rights. 2009, c. 21, s. 29 (2).

See: 2009, c. 21, ss. 29 (2), 102 (2).

Where holder does not consent to disposition of surface rights

(4) Where an application is made for disposition under the Public Lands Act of surface rights on an unpatented mining claim and the holder of the unpatented mining claim does not consent to the disposition and provision for the reservation or exclusion of the surface rights is not otherwise provided for in this Act or any other Act, the Minister may refer the application to the Commissioner. R.S.O. 1990, c. M.14, s. 51 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed and the following substituted:

Minister’s order to restrict part of surface rights

(4)  Despite subsection (1), the Minister may by order impose restrictions on a mining claim holder’s right to the use of portions of the surface rights of a mining claim if,

(a) the portions of the surface rights are on lands that meet the prescribed criteria as sites of Aboriginal cultural significance; or

(b) any of the prescribed circumstances apply. 2009, c. 21, s. 29 (2).

See: 2009, c. 21, ss. 29 (2), 102 (2).

Where application referred to Commissioner

(5) Where an application under subsection (4) is referred to the Commissioner, he or she shall, upon giving all interested persons at least ninety days’ notice and after hearing such interested persons as appear, make an order based on the merits of the application. R.S.O. 1990, c. M.14, s. 51 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed and the following substituted:

Same

(5)  Before making an order under subsection (4), the Minister shall,

(a) give the claim holder written notice of the Minister’s intention to make an order under subsection (4), setting out the proposed restrictions and the reasons for making the order; and

(b) give the claim holder an opportunity to make representations to the Minister, within 30 days of the date of the notice given under clause (a). 2009, c. 21, s. 29 (2).

See: 2009, c. 21, ss. 29 (2), 102 (2).

Where surface rights required for public use

(6) Where surface rights on an unpatented mining claim are required for the use of the Crown or other public use, this section applies with necessary modifications. R.S.O. 1990, c. M.14, s. 51 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed and the following substituted:

Minister’s order

(6)  A Minister’s order under subsection (5) is not appealable and is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2009, c. 21, s. 29 (2).

Related changes

(7)  A recorder shall make any changes to the applicable mining claim abstracts that are necessary to reflect any order made under this section, or any agreement made with the claim holder with respect to the use of surface rights for the purposes of this section. 2009, c. 21, s. 29 (2).

Survey of surface rights

(8)  Where an order is made under this section, or any agreement is made with the claim holder with respect to the use of surface rights for the purposes of this section, the Minister may require a survey of the surface rights or of the portion of them that is affected by the order or agreement, and the survey shall be provided at the expense of the person who has acquired the surface rights or the use of them. 2009, c. 21, s. 29 (2).

See: 2009, c. 21, ss. 29 (2), 102 (2).

Permission to test mineral content

52. (1)The Minister may give written permission, subject to such conditions as are prescribed, to mine, mill and refine mineral bearing substance from an unpatented mining claim for the purpose of testing mineral content. R.S.O. 1990, c. M.14, s. 52 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Permission to test mineral content

(1)  No person shall mine, mill or refine more than the prescribed quantity of mineral bearing substance from an unpatented mining claim for the purpose of testing mineral content without first obtaining the Minister’s written permission. 2009, c. 21, s. 30.

See: 2009, c. 21, ss. 30, 102 (2).

Conditions

(2) Permission granted under subsection (1) shall be for a specified time and shall cover a specified quantity of mineral bearing substance. R.S.O. 1990, c. M.14, s. 52 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed and the following substituted:

Conditions

(2)  Permission granted under subsection (1) shall be for a specified time, shall cover a specified quantity of mineral bearing substance and shall be subject to such conditions as are prescribed. 2009, c. 21, s. 30.

Requirements under ss. 78.2 and 78.3

(2.1)  A person who obtains permission under subsection (1) is not exempt from complying with the requirements set out in sections 78.2 and 78.3 and, if applicable, the requirements in section 140 for a certified closure plan. 2009, c. 21, s. 30.

See: 2009, c. 21, ss. 30, 102 (2).

Sale of end product

(3) The end product of mining, milling and refining permitted under subsection (1), except as provided in subsection (4), shall not be sold or otherwise disposed of until the mining claim from which the minerals were taken is leased under this Act. R.S.O. 1990, c. M.14, s. 52 (3).

Disposition of proceeds

(4) Subsection (3) does not apply where the Minister gives written permission for the sale or disposition and where the Minister does so, the sale or disposition shall be in accordance with such terms as the Minister may impose. R.S.O. 1990, c. M.14, s. 52 (4).

Where claim, lands or rights abandoned, etc.

53. (1)Where the holder, licensee, lessee or owner of a mining claim, mining lands or mining rights abandons or surrenders the claim, lands or rights or where the mining claim, mining lands or mining rights are cancelled, forfeited or terminated under this Act or any other Act or the regulations thereunder, that person may take from the claim, lands or rights any buildings, structures, machinery, chattels, personal property and, except in the case of an unpatented mining claim, any ore or mineral belonging to and extracted from the claim, lands or rights by that person and any slimes or tailings not otherwise owned, within six months after the abandonment, surrender, cancellation, forfeiture or termination or within such further time as is fixed by the Minister, and, in default of doing so, all the buildings, structures, machinery, chattels, personal property, ore, mineral, slimes and tailings belong to the Crown unless the Minister directs otherwise within two years after the abandonment, surrender, cancellation, forfeiture or termination and may be sold or otherwise disposed of by the Minister upon such terms and conditions as he or she considers expedient. R.S.O. 1990, c. M.14, s. 53 (1); 1996, c. 1, Sched. O, s. 14.

Licensee has no rights in buildings, etc., acquired by Crown

(2) Unless ordered otherwise by the Minister, the staking or recording of a mining claim does not confer upon the licensee any right respecting buildings, structures, machinery, chattels, personal property, ore, mineral, slimes and tailings acquired by the Crown under subsection (1). R.S.O. 1990, c. M.14, s. 53 (2).

Improper use of land

54. (1)Where land is staked and applied for as a mining claim and it appears that the land is being used other than as mining land or for a purpose other than that of the mineral industry, the Minister may direct the Commissioner to hold a hearing. R.S.O. 1990, c. M.14, s. 54 (1); 2009, c. 21, s. 101 (2).

Cancellation

(2) If, after a hearing held on notice to all interested persons, the Commissioner is satisfied that the land is being used other than as mining land or for a purpose other than that of the mineral industry, he or she may make an order cancelling the claim. 1999, c. 12, Sched. O, s. 23.

Same

(3) An order cancelling a claim takes effect on being filed with the recorder. 1999, c. 12, Sched. O, s. 23.

Townsites on unpatented claims

55. (1)Where the Minister recommends the establishment or extension of a townsite on an unpatented mining claim, the Lieutenant Governor in Council may reserve the surface rights on any such claim or parts of any such claim as may be necessary for townsite purposes. R.S.O. 1990, c. M.14, s. 55 (1).

Regulations

(2) The Lieutenant Governor in Council may make such regulations as the Lieutenant Governor in Council considers necessary for the better carrying out of this section. R.S.O. 1990, c. M.14, s. 55 (2).

Address for Service

Address for service to be on application for claim, etc.

56. (1)Every application for a mining claim and every other application and every transfer or assignment of a mining claim or of a right or interest acquired under this Act shall contain or have endorsed thereon the place of residence and post office address of the applicant, transferee or assignee, and also, when the applicant is not resident in Ontario, the name, residence and post office address of a person resident in Ontario upon whom service may be made. R.S.O. 1990, c. M.14, s. 56 (1).

Irregular documents not to be filed

(2) No such application, transfer or assignment shall be filed or recorded unless it conforms with subsection (1). R.S.O. 1990, c. M.14, s. 56 (2).

Substituting new agent for service

(3) Another person resident in Ontario may be substituted as the person upon whom service may be made by filing, in the office in which such an application, transfer or assignment is filed or recorded, a memorandum setting forth the name, residence and post office address of that other person, and such a substitution may be made from time to time as occasion requires. R.S.O. 1990, c. M.14, s. 56 (3).

Service upon agent to be sufficient

(4) Service upon the person named under subsection (1) or, in the case of a substitution under subsection (3) upon the person substituted, has the same effect as service upon the applicant, transferee or assignee referred to in subsection (1). R.S.O. 1990, c. M.14, s. 56 (4).

Application of subs. (4)

(5) Subsection (4) applies to every notice, demand or proceeding in any way relating to a mining claim or to mining rights or to any other right or interest that may be acquired under this Act. R.S.O. 1990, c. M.14, s. 56 (5).

Trusts, Agreements and Transfers

Claim “in trust”

57. (1)Notice of a trust, express, implied or constructive, relating to an unpatented mining claim shall not be entered on the record or be received by a recorder. R.S.O. 1990, c. M.14, s. 57 (1).

Describing licensee as trustee, etc., effect of

(2) Describing the holder of the mining claim as a trustee, whether the beneficiary or object of the trust is mentioned or not, does not impose upon any person dealing with the holder the duty of making any inquiry as to the holder’s power to deal therewith, but the holder may deal with the claim as if such description had not been inserted. R.S.O. 1990, c. M.14, s. 57 (2).

Saving of rights of others

(3) Nothing in this section relieves the holder of the mining claim who is in fact a trustee thereof or of any part or share thereof or interest therein from liability as between the holder and any person, mining partnership or company for whom the holder is a trustee, but such liability continues as if this section had not been enacted, and nothing in this Act relieves the holder from any personal liability or obligation. R.S.O. 1990, c. M.14, s. 57 (3).

Agreements and transfers, evidence of

58. (1)No person is entitled to enforce any claim, right or interest, contracted for or acquired before the staking, to or in or under any staking or recording of a mining claim or of any mining lands or mining rights done by another person unless the fact that the first-mentioned person is so entitled is made to appear by a writing signed by the holder of the claim or by the licensee by whom the staking or recording was done or the evidence of the first-mentioned person is corroborated by some other material evidence, and, where a right or interest is so made to appear, the Statute of Frauds does not apply. R.S.O. 1990, c. M.14, s. 58 (1); 2009, c. 21, s. 101 (4).

Sales or transfers after staking

(2) No person is entitled to enforce any contract, made after the staking, for sale or transfer of a mining claim or any mining lands or mining rights, or any interest in or concerning the same, unless the agreement or some note or memorandum thereof is in writing signed by the person against whom it is sought to enforce the contract or by that person’s lawfully authorized agent. R.S.O. 1990, c. M.14, s. 58 (2); 2009, c. 21, s. 101 (4).

Transfer, form of

59. A transfer of an unpatented mining claim or of an interest therein shall be in the prescribed form and shall be signed by the transferor or by the transferor’s agent authorized by instrument in writing. R.S.O. 1990, c. M.14, s. 59.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 59 is repealed and the following substituted:

Transfer

59.  A mining claim is transferable, except,

(a) if the claim is on land for which there is a surface rights owner, unless,

(i) the requirements in clause 46.1 (1) (a) have been met, or

(ii) an order waiving confirmation has been issued under subsection 46.1 (2); or

(b) if an application for lease has been made with respect to the mining claim, unless the Minister gives written consent for the transfer. 2009, c. 21, s. 31.

See: 2009, c. 21, ss. 31, 102 (2).

Transfer of claim with Minister’s consent

59.1 Without the Minister’s written consent, a mining claim is not transferable after an application for lease has been made with respect to the mining claim. 1996, c. 1, Sched. O, s. 15.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 59.1 is repealed. See: 2009, c. 21, ss. 31, 102 (2).

Recording Documents

Recording instruments

60. (1)Except as in this Act is otherwise expressly provided, no transfer or assignment of or agreement or other instrument affecting a mining claim or a recorded right or interest acquired under this Act shall be entered on the record or received by a recorder unless it purports to be signed by the recorded holder of the claim or right or interest affected or by the holder’s agent authorized by recorded instrument in writing. R.S.O. 1990, c. M.14, s. 60 (1).

Corporations

(2)  An instrument mentioned in subsection (1) that is executed by a corporation shall not be recorded unless an authorized person has signed the instrument and,

(a) the corporation’s seal is affixed to the instrument; or

(b) the instrument contains a statement by the person that he or she has authority to bind the corporation. 2001, c. 9, Sched. L, s. 2.

(3) Repealed: 2001, c. 9, Sched. L, s. 2.

Priority

61. After a mining claim or other right or interest acquired under this Act has been recorded, every instrument other than a will affecting the claim or an interest therein is void as against a subsequent purchaser or transferee for valuable consideration without actual notice unless the instrument is recorded before the recording of the instrument under which the subsequent purchaser or transferee claims. R.S.O. 1990, c. M.14, s. 61.

Recording to be notice

62. The recording under this Act of an instrument relating to a mining claim constitutes notice of the instrument to all persons claiming an interest in the claim after the instrument is recorded even if there is a defect in the requirements for recording. 1999, c. 12, Sched. O, s. 24.

Where actual notice prevails

63. (1)Priority of recording prevails unless before the prior recording there has been actual notice of the prior instrument by the party claiming under the prior recording. R.S.O. 1990, c. M.14, s. 63 (1).

Deemed recording

(2) If a transfer or other instrument meets all the requirements for recording, it shall be deemed to have been recorded on receipt in the proper office, even if it was not recorded immediately. 1999, c. 12, Sched. O, s. 25.

Recording orders, judgments, certificates, writs

64.  (1)  A recorder shall enter upon the mining claim abstract of any unpatented mining claim or other recorded right or interest a note of any order or decision made by him or her affecting the same, giving its date and effect and the date of the entry, and he or she shall, upon receiving an order or decision of the Commissioner, or an order, judgment or certificate in an appeal from the Commissioner, or a certified or sworn copy thereof, file the same and enter a note thereof upon the mining claim abstract of the claim or right or interest affected. 2009, c. 21, s. 32 (1).

Proceeding pending before recorder

(2)  Where any proceeding or dispute that may be brought before a recorder is pending before a recorder, he or she may make a note of the pending proceeding on the applicable mining claim abstracts. 2009, c. 21, s. 32 (1).

Proceeding pending before Commissioner

(2.1)  Where any proceeding that may be brought before the Commissioner or any appeal from a decision of a recorder is pending before the Commissioner, the Commissioner may make an order requiring a recorder to make a note of the pending proceeding on the applicable mining claim abstracts. 2009, c. 21, s. 32 (1).

Proceeding pending before court

(2.2)  Where a proceeding relating to a mining claim or other recorded right, or any interest relating to such a claim or right is pending before a court, the Commissioner may, upon the request of any party to the proceeding, make an order confirming that the proceeding is pending and requiring a recorder to make a note of the pending proceeding on the applicable mining claim abstracts. 2009, c. 21, s. 32 (1).

Order provided to recorder’s office

(2.3)  If the Commissioner makes an order under subsection (2.1) or (2.2), the Commissioner shall provide the order to the recorder’s office. 2009, c. 21, s. 32 (1).

No notice until note is recorded

(3)  A note of pending proceedings or an order of the Commissioner made under subsection (2.1) or (2.2) does not constitute notice to any person of the pending proceeding until a note of the pending proceeding is made on the applicable mining claim abstracts. 2009, c. 21, s. 32 (1).

Mining claim deemed not to be forfeited

(3.1)  Where a note of pending proceedings is made on a mining claim abstract, the mining claim shall be deemed not to be forfeited to the Crown under clause 72 (1) (b) until the note of pending proceedings is cancelled. 2009, c. 21, s. 32 (1).

Cancellation of note of pending proceedings

(4)  A recorder shall cancel a note of pending proceedings made under subsection (2) on any or all applicable mining claim abstracts if the recorder is satisfied that the note is no longer required. 2009, c. 21, s. 32 (1).

Same

(4.1)  A recorder shall cancel a note of pending proceedings made under subsection (2.1) or (2.2) on any or all applicable mining claim abstracts if a party to the proceedings, or a recorder, requests a cancellation from the Commissioner and the Commissioner issues an order to cancel the note and provides the order to the recorder’s office. 2009, c. 21, s. 32 (1).

Notice of cancellation

(4.2)  Upon the cancellation of a note of pending proceedings, the recorder’s office shall notify all interested persons of the cancellation in writing at their last known address. 2009, c. 21, s. 32 (1).

Exclusion of time

(5)  When a note of pending proceedings is cancelled, the Commissioner or a recorder, as the case may be, may exclude from the time period within which work on the affected mining claim must be performed or reported, or both, or within which application and payment for lease may be made, the period of time, or a part of the period, during which the note of pending proceedings was in effect, and may set a new anniversary date for the claim. 2009, c. 21, s. 32 (1).

Same

(5.1)  When excluding time under subsection (5), the Commissioner or a recorder may take into account whether the claim holder contributed to any unreasonable delay in settling the proceedings for which the note of pending proceedings was made. 2009, c. 21, s. 32 (1).

Filing of certified writ with recorder

(6) A copy of a writ of seizure and sale may be filed with the recorder if it has been certified by the sheriff for the area or a bailiff of the division of the Small Claims Court to be a true copy of the writ. 1999, c. 12, Sched. O, s. 26 (2).

Recording of writ

(7) The recorder shall record the writ on each claim held by the judgment debtor or in which the judgment debtor has an interest on being given the number or a description of the claim involved and receiving the required fee. 1999, c. 12, Sched. O, s. 26 (3).

Effect of recording writ

(8) On being recorded on the claim, the writ binds the judgment debtor’s interest in the claim and the sheriff or bailiff may treat the interest as if it were goods and chattels subject to a writ of seizure and sale. 1999, c. 12, Sched. O, s. 26 (3).

Recording of transfer

(9) If the judgment debtor’s interest in the claim is sold under subsection (8), the transfer to the purchaser may be recorded in the same manner as if the transfer had been made by the judgment debtor and the effect of such transfer is the same. 1999, c. 12, Sched. O, s. 26 (3).

Certified copy, fee

(10) A certified copy of the writ of seizure and sale may be obtained from the sheriff or bailiff on payment of any required fee and the fee, together with the fee paid for recording the writ, shall be added to the judgment debt. 1999, c. 12, Sched. O, s. 26 (4).

Keeping claim in good standing

(11) Once the writ has been recorded on a claim, the sheriff, bailiff or judgment creditor may do anything that the judgment debtor could have done to keep the claim or interest in good standing, and the cost of doing so shall be added to the judgment debt. 1999, c. 12, Sched. O, s. 26 (4).

Discharge of writ

(12) A writ may be discharged,

(a) by recording a certificate obtained from the sheriff or bailiff indicating that the judgment debt has been satisfied;

(b) by recording a release obtained from the judgment creditor; or

(c) by filing an order obtained from the Commissioner directing the removal of the record of the writ from each claim in which the judgment debtor has an interest. 1999, c. 12, Sched. O, s. 26 (4).

(13)  Repealed 2009, c. 21, s. 32 (2).

Assessment Work

Assessment work

65. (1)The holder of a mining claim shall, following the recording of the claim, perform or cause to be performed such annual units of assessment work as are prescribed. R.S.O. 1990, c. M.14, s. 65 (1); 1999, c. 12, Sched. O, s. 27.

Report

(2) Subject to subsection (3), every mining claim holder shall, not later than the anniversary date, file in the office of the recorder or such other location as the Minister directs a report in the prescribed form of the assessment work done for the purpose of complying with subsection (1), together with such other information as may be prescribed. R.S.O. 1990, c. M.14, s. 65 (2); 1996, c. 1, Sched. O, s. 16.

Idem

(3) The report mentioned in subsection (2) shall, in respect of any specified type of assessment work, be filed not later than such date earlier than the anniversary date as may be prescribed for that type of assessment work. R.S.O. 1990, c. M.14, s. 65 (3).

Credits measured in dollars spent

(4) For the purpose of subsection (1), assessment work credits shall be measured in terms of dollars spent. R.S.O. 1990, c. M.14, s. 65 (4).

No dispute

(5)  The recorder shall not receive and file, or record against a mining claim, any dispute relating to the validity of any assessment work, for which a report has been filed under subsection (2) and that was performed on the claim or on mining lands that are contiguous to the claim or that the dispute alleges are not contiguous to the claim. 2000, c. 26, Sched. M, s. 7.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 65 is repealed and the following substituted:

Assessment work or payments

65.  (1)  After a mining claim is recorded, the claim holder shall perform or cause to be performed such annual units of assessment work as are prescribed, or shall make payments in place of assessment work in accordance with the regulations. 2009, c. 21, s. 33.

Report

(2)  Every mining claim holder shall submit a report of the assessment work done and of any payments made for the purpose of complying with subsection (1), together with such other information as may be prescribed. 2009, c. 21, s. 33.

When report must be received

(3)  The report must be received at the recorder’s office or at such other location as the Minister directs, not later than 4:30 p.m. local time on the anniversary date of the mining claim. 2009, c. 21, s. 33.

Same

(4)  If a date earlier than the anniversary date is prescribed for the submission of a report regarding a specific type of assessment work, the report must be received at the recorder’s office, or such other location as the Minister directs, not later than 4:30 p.m. local time on the earlier prescribed date. 2009, c. 21, s. 33.

Credits measured in dollars spent

(5)  For the purpose of subsection (1), assessment work credits shall be measured in terms of dollars spent. 2009, c. 21, s. 33.

No dispute

(6)  A recorder shall not receive and file, or record against a mining claim, any dispute relating to assessment work or to payments made in place of assessment work. 2009, c. 21, s. 33.

See: 2009, c. 21, ss. 33, 102 (2).

Types of work eligible for credits, etc.

66. (1)The types of work that are eligible for assessment work credits, the method of calculating and approving the credits for work performed and the distribution of credits for work performed to mining claims shall be determined in such manner as is prescribed. R.S.O. 1990, c. M.14, s. 66 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Types of work eligible for credits, etc.

(1)  The types of work that are eligible for assessment work credits, the method of calculating and approving the credits for work performed or payments made in place of assessment work, and the distribution of assessment work credits to mining claims shall be determined in such manner as is prescribed. 2009, c. 21, s. 34 (1).

See: 2009, c. 21, ss. 34 (1), 102 (2).

Prospecting and regional surveys

(2) Prospecting and regional surveys performed on Crown lands before the recording of a mining claim are eligible for assessment work credits in such manner as is prescribed. R.S.O. 1990, c. M.14, s. 66 (2); 1996, c. 1, Sched. O, s. 17; 2009, c. 21, s. 34 (2).

Work on mining lands

(3) Exploration work performed on mining lands may be allocated as assessment work to contiguous unpatented mining claims in the prescribed manner. 1994, c. 27, s. 134 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed and the following substituted:

Work on mining lands

(3)  Assessment work performed on mining lands or payments made in place of assessment work may be allocated to contiguous unpatented mining claims in the prescribed manner. 2009, c. 21, s. 34 (3).

See: 2009, c. 21, ss. 34 (3), 102 (2).

Decision

(4) The Minister shall determine the amount of assessment work credits. 1999, c. 12, Sched. O, s. 28; 2009, c. 21, s. 34 (4).

No appeal

(5) A decision under subsection (4) is final and is not subject to appeal. 1999, c. 12, Sched. O, s. 28.

Computation of time for performance of assessment work

67. (1)If the holder provides the recorder or the Commissioner with satisfactory evidence of a refusal, prohibition, deferral or delay referred to in this section, the following periods of time may be excluded in computing the time within which work on a mining claim must be performed or reported, or both, or within which application and payment for a lease may be made:

1. The time during which a permit under the Forest Fires Prevention Act or the Public Lands Act that is necessary for the beginning or carrying on of work under this Act is refused.

2. The time during which the performance of work under this Act is prohibited under the Acts referred to in paragraph 1 or any other Act.

3. The time during which the holder defers the start of work under this Act or is delayed in performing it at the Crown’s request or by the Crown’s actions. 1996, c. 1, Sched. O, s. 18.

Same

(2) The time during which a proceeding in respect of a mining claim is pending before the recorder, the Commissioner or the Superior Court of Justice may be excluded in computing the time within which work on a mining claim must be performed or reported, or both, or within which an application and payment for a lease may be made, if the recorder or Commissioner is satisfied that any delay in settling the proceeding is not the holder’s fault. 1996, c. 1, Sched. O, s. 18; 2000, c. 26, Sched. M, s. 17.

Order

(3) In computing time under subsection (1) or (2), the recorder or Commissioner may make an order fixing the date or dates by which the next or any prescribed units of work must be performed or reported, or both, or by which an application and payment for lease may be made. 1996, c. 1, Sched. O, s. 18.

Anniversary date changed

(4) Where the time for doing something under this Act is excluded, the next anniversary date after the exclusion in respect of the mining claim involved may be a date that falls after the anniversary date that would have occurred, except for this provision, by up to the number of days that equals the number of days of the exclusion, and all subsequent anniversary dates shall be adjusted accordingly. 1996, c. 1, Sched. O, s. 18.

Special circumstances

(5)  Despite anything in this Act, if the Minister is of the opinion that special circumstances exist, the Minister may, by order,

(a) exclude the time or extend the time within which work on a mining claim must be performed or reported, or both, or within which application and payment for lease may be made; and

(b) fix the anniversary date or dates by which the next or any subsequent periods of work must be performed or reported, or both, or by which application and payment for lease may be made. 2000, c. 26, Sched. M, s. 8.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 67 is repealed and the following substituted:

Exclusion of time and work

67.  (1)  A holder may, in accordance with this section, obtain an order,

(a) excluding a period of time in computing the time within which work on a mining claim must be performed or reported, or both, or within which application and payment for a lease may be made;

(b) fixing the date or dates by which the next or any prescribed unit of assessment work must be performed or reported, or both, or by which a payment in place of assessment work must be made, or by which an application and payment for lease may be made; and

(c) relieving the holder of a requirement to perform units of assessment work or to make payments for any period excluded. 2009, c. 21, s. 35.

Anniversary date changed

(2)  Where a period of time for doing something under this Act is excluded, the next anniversary date after the exclusion in respect of the mining claim involved may be a date that falls after the anniversary date that would have occurred, except for this provision, by up to the number of days that equals the number of days of the exclusion, and all subsequent anniversary dates shall be adjusted accordingly. 2009, c. 21, s. 35.

Order by recorder or Commissioner

(3)  The recorder or the Commissioner may make an order described in subsection (1) if the holder provides the recorder or Commissioner with satisfactory evidence of a refusal, prohibition, deferral or delay referred to in this section, but the order may exclude only the following periods of time:

1. The time during which a permit under the Forest Fires Prevention Act or the Public Lands Act that is necessary for the beginning or carrying on of work under this Act is refused.

2. The time during which the performance of work under this Act is prohibited under the Acts referred to in paragraph 1 or any other Act.

3. The time during which the holder defers the start of work under this Act or is delayed in performing it at the Crown’s request or by the Crown’s actions. 2009, c. 21, s. 35.

Minister’s order

(4)  The Minister may make an order described in subsection (1) if the holder applies to the Minister within 30 days before an anniversary date and the Minister is satisfied that special circumstances exist. 2009, c. 21, s. 35.

When order may be made

(5)  The Minister may make an order under subsection (4) before or after the anniversary date. 2009, c. 21, s. 35.

Claim holder’s interest continues

(6)  If a holder applies for an order under subsection (4) within the required time, then the holder’s interest in the mining claim shall not cease under section 72 unless and until the Minister decides not to make the order. 2009, c. 21, s. 35.

Notice

(7)  If the Minister decides not to make an order under subsection (4), the Minister shall notify the claim holder in writing, and the claim holder’s interest in the mining claim shall be deemed to have been forfeited as of the anniversary date of the mining claim. 2009, c. 21, s. 35.

See: 2009, c. 21, ss. 35, 102 (2).

Proportionate contribution by co-owners

68. Where two or more persons are the holders of an unpatented mining claim, they shall contribute proportionately to their respective interests, or as they otherwise agree between themselves, to the work required to be done thereon or to a survey, patent or the first year’s rental of a lease, and, in case of default by any holder, the Commissioner, upon the application of any other holder and upon notice to and after hearing all persons interested or such of them as appear, may make an order vesting the interest of the defaulter in the other co-owners or in any of them upon such terms and conditions and in such proportions as he or she considers just. R.S.O. 1990, c. M.14, s. 68.

Charge of person doing work on mining claim

69. Where the holder of an interest in a mining claim has made default in payment for work performed thereon by a person not the holder of an interest in the mining claim, the Commissioner, upon the application of such person and upon notice to and after hearing all persons interested or such of them as appear, may make an order vesting the interest in the mining claim of the holder in default, or any part of such interest, in the applicant. R.S.O. 1990, c. M.14, s. 69.

Abandonment

Abandoning a mining claim

Right to abandon claim

70. (1)The holder of a mining claim may abandon the claim at any time by filing a notice of abandonment with the recorder. R.S.O. 1990, c. M.14, s. 70 (1); 2009, c. 21, s. 36 (1).

Abandonment of part of claim

(2) The holder of a mining claim may abandon any part of the claim at any time on such conditions as are prescribed, by filing a notice of partial abandonment with the recorder. R.S.O. 1990, c. M.14, s. 70 (2); 2009, c. 21, s. 36 (2).

Notice of abandonment

(3) The recorder shall record the abandonment and the date of receipt of the notice of abandonment, and forthwith post a notice of the abandonment, together with a sketch of the abandoned claim or part to be abandoned. 1999, c. 12, Sched. O, s. 29.

Order by recorder

(4) Where part of a claim has been abandoned under subsection (2), the recorder shall issue an order directing the moving of posts or tags, the erection of new posts and the identification of new boundary lines and stating the time within which the work is to be completed. R.S.O. 1990, c. M.14, s. 70 (4).

Compliance with order

(5) A mining claim holder who is affected by an order issued under subsection (4) shall notify the recorder of that fact in writing within the time set out in the order. 1999, c. 12, Sched. O, s. 29.

Posting of notice

(5.1) The recorder shall post the notice, with the date of its posting. 1999, c. 12, Sched. O, s. 29.

Extension of time or order for abandonment

(6) The recorder may extend the time for completing work that has not been completed within the time set out in an order under subsection (4) or order that the portion of the claim on which the work was to be done be abandoned. 1999, c. 12, Sched. O, s. 29.

Notice of order

(6.1) If the recorder makes an order of abandonment under subsection (6), he or she shall forthwith,

(a) notify the holder of the order and the reasons for it; and

(b) post the order. 1999, c. 12, Sched. O, s. 29.

When claim open for staking

(7) Where part of a mining claim is abandoned under subsection (2) and an order of the recorder is made under subsection (6), the mining claim abandoned is open for staking from 8 a.m. standard time on the eleventh day after the posting of the order of the recorder made under subsection (6). R.S.O. 1990, c. M.14, s. 70 (7); 1996, c. 1, Sched. O, s. 19 (1).

Idem, abandonment of whole claim

(8) Every mining claim abandoned under subsection (1) is open for staking from 8 a.m. standard time on the eleventh day after the notice of abandonment is filed. R.S.O. 1990, c. M.14, s. 70 (8); 1996, c. 1, Sched. O, s. 19 (2).

Idem, abandonment of part of claim

(9) Where part of a mining claim is abandoned under subsection (2) and no order is made by the recorder under subsection (6), that part of the claim is open for staking from 8 a.m. standard time on the eleventh day after the posting of the notice under subsection (5.1). R.S.O. 1990, c. M.14, s. 70 (9); 1996, c. 1, Sched. O, s. 19 (3); 2001, c. 9, Sched. L, s. 3.

Deemed abandonment of claim

71. (1)Non-compliance by the licensee or holder of a mining claim with any requirement of this Act or the regulations as to the time or manner of the staking and recording of a mining claim or with a direction of the recorder in regard thereto, within the time limited therefor, shall be deemed to be an abandonment, and the claim shall, without any declaration, entry or act on the part of the Crown or by any officer, unless otherwise ordered by the Commissioner, be forthwith opened to prospecting and staking. R.S.O. 1990, c. M.14, s. 71 (1); 2009, c. 21, s. 101 (4).

Saving

(2) Despite subsection (1), where in respect of a mining claim, no dispute is on file and,

(a) one year has elapsed since the day of the recording of the claim; or

(b) the first prescribed unit of assessment work has been performed and filed and, where necessary, approved,

the mining claim shall be conclusively deemed to have been staked and recorded in compliance with the requirements of this Act and the regulations. R.S.O. 1990, c. M.14, s. 71 (2); 2009, c. 21, s. 101 (2).

Forfeiture

Forfeiture of mining claim

72. (1)Except as provided by section 73, all the interest of the holder of a mining claim before a lease has issued ceases without any declaration, entry or act on the part of the Crown or by any officer, and the claim is open for prospecting and staking,

(a) if, without the consent in writing of the recorder or Commissioner, or for any purpose of fraud or deception or other improper purpose the holder removes or causes or procures to be removed any stake or post forming part of the staking of such mining claim, or for any such purpose changes or effaces or causes to be changed or effaced any writing or marking upon any such stake or post;

(b) if the prescribed work is not duly performed and reported as required by section 65 unless an application and payment for a lease of the mining claim is made under section 81. R.S.O. 1990, c. M.14, s. 72 (1); 2009, c. 21, s. 101 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed and the following substituted:

(b) if neither the prescribed assessment work is performed nor payment in place of such assessment work is made as required by section 65, or if the work or payment is not reported, unless an application and payment for a lease of the mining claim is made under section 81.

See: 2009, c. 21, ss. 37, 102 (2).

Proceedings as to forfeiture

(2) No person, other than the Minister or an officer of the Ministry or a person interested in the property affected, is entitled to raise any question of forfeiture except by leave of the Commissioner, and proceedings raising questions of forfeiture shall not be deemed to be or be entered as disputes under section 48. R.S.O. 1990, c. M.14, s. 72 (2).

Re-opening after forfeiture

Notice of re-opening

72.1  (1)  The recorder shall forthwith record the words “Cancelled/Annulé” with respect to a mining claim affected by forfeiture or loss of rights and post a notice of re-opening. 2000, c. 26, Sched. M, s. 9.

Re-staking

(2)  Unless they have been withdrawn from prospecting or staking, lands, mining rights or mining claims affected by a forfeiture or a loss of rights are open for staking from 8 a.m. standard time on the day after the posting of the notice of re-opening. 2000, c. 26, Sched. M, s. 9.

Extension of time

73. (1)A recorder may order an extension of time for performing assessment work or filing a report on such work if an application for the extension is made within 30 days before the time for filing the report expires and the prescribed conditions for an extension are met. 1999, c. 12, Sched. O, s. 31.

When order takes effect

(2) If an order granting an extension is made, it shall be deemed to have been recorded on receipt of the application and the order takes effect at that time. 1999, c. 12, Sched. O, s. 31.

Death of licensee or holder

74. Where a licensee in whose name a mining claim has been staked dies before the claim is recorded or where the holder of a claim dies before issue of the lease for the claim, no other person is, without leave of the Commissioner, entitled to stake or record a mining claim upon any part of the same lands or to acquire any right, privilege or interest in respect thereof within twelve months after the death of the licensee or holder, and the Commissioner may at any time make such order as the Commissioner considers just for vesting the claim in the representative of such holder and extending the time for performing the work or applying for lease, despite any lapse, abandonment, cancellation, forfeiture or loss of rights under any provision of this Act. R.S.O. 1990, c. M.14, s. 74; 2009, c. 21, s. 101 (1, 2).

Inspection of Claims

Inspection by Commissioner, recorder or inspector

75. (1)The Commissioner or the recorder may inspect or order an inspection of, and the person conducting the inspection may inspect, a mining claim at any time with or without notice to the holder for the purpose of ascertaining whether this Act has been complied with, but after one year from the recording of the claim, or after the first prescribed unit of assessment work has been performed, filed and approved, no such inspection shall, unless ordered by the Minister under subsection 76 (5), be made for the purpose of ascertaining whether the claim has been staked in the prescribed manner. R.S.O. 1990, c. M.14, s. 75 (1); 2009, c. 21, ss. 38, 101 (2).

Notice

(2) A notice under subsection (1) shall be given personally or sent to the holder at the holder’s address in the records of the Provincial Recording Office. 1999, c. 12, Sched. O, s. 32.

Reinspection

(2.1) If no notice, or less than seven clear days notice, is given to the holder before the inspection is carried out, the holder may apply to the recorder or the Commissioner for a reinspection within 15 days of the recording of the decision or within a further period of not more than 15 days as is allowed by the Commissioner. 1999, c. 12, Sched. O, s. 32.

Duty to grant reinspection

(2.2) If it appears that the holder has been prejudiced by the failure to give notice or to give sufficient notice, the application for a reinspection shall be granted. 1999, c. 12, Sched. O, s. 32.

View or inspection in disputes, appeals, etc.

(3) The Commissioner or recorder may in any dispute, appeal or other proceeding before him or her make or order, with or without notice, a view or inspection of any mining claim or of any lands or other property. R.S.O. 1990, c. M.14, s. 75 (3).

Inspection report and subsequent cancellation of claim

Filing and entry of report

76. (1)A report of each inspection, except when made merely for the purpose of a dispute, appeal or other proceeding, shall be made in writing by the inspecting officer and shall be filed in the office of the recorder, who shall forthwith enter upon the record of the claim a note stating the effect of the report and the date of the entry. R.S.O. 1990, c. M.14, s. 76 (1).

Cancelling claim upon report

(2) If the recorder is of opinion that upon the report the claim should be cancelled, he or she shall mark the record of the claim “Cancelled/Annulé” and affix his or her signature or initials and shall by mail sent not later than the next day notify the holder of the claim and the disputant and other interested parties, if any, of the receipt and effect of the report, and where the claim is cancelled in consequence of the report, the notice shall so state. R.S.O. 1990, c. M.14, s. 76 (2); 1999, c. 12, Sched. O, s. 33 (1).

Appeal from cancellation

(3) An appeal from the cancellation of the claim may be taken to the Commissioner by the holder of the claim or by the disputant or other interested party, within the time and in the manner provided by section 112. R.S.O. 1990, c. M.14, s. 76 (3).

Notice of re-opening

(4)  When a claim is cancelled under this section, the recorder shall forthwith post a notice of re-opening and, unless they have been withdrawn from prospecting or staking, the land or mining rights are open for prospecting and staking from 8 a.m. standard time on the day after the posting of the notice. 2000, c. 26, Sched. M, s. 10.

Effect of appeal

(4.1) Any staking carried out on land opened under subsection (4) is subject to the decision on an appeal under subsection (3). 1999, c. 12, Sched. O, s. 33 (2).

Inspection ordered by Minister

(5) Despite subsections 48 (5) and 71 (2), the Minister may challenge the validity of a mining claim at any time during the life of the claim and may direct the recorder or any other person to inspect the claim in accordance with section 75. R.S.O. 1990, c. M.14, s. 76 (5); 1999, c. 12, Sched. O, s. 33 (3).

Right of holder to copy of report

77. The holder of a mining claim or the disputant or other person interested is entitled to receive from the recorder a certified copy of any report of inspection of the claim filed with the recorder. R.S.O. 1990, c. M.14, s. 77; 1997, c. 40, s. 7; 2009, c. 21, s. 39.

Surface Rights Compensation

Note: On a day to be named by proclamation of the Lieutenant Governor, the heading before section 78 is repealed and the following substituted:

Exploration Plans and Permits

See: 2009, c. 21, ss. 40, 102 (2).

Ground assessment work

Notice of intention to perform assessment work

78. (1)A holder of a mining claim who first proposes to do ground assessment work on all or part of the land comprising a mining claim shall give notice of that intention in the prescribed form to the owner, if any, of the surface rights of the part of the land to be affected by the work. 1996, c. 1, Sched. O, s. 21.

Entry on land to perform work

(2) A person who has given notice under this section may enter on the land and perform the work at any time immediately following the day the notice is given. R.S.O. 1990, c. M.14, s. 78 (2).

Where work not to be recorded

(3)  The Minister shall not record ground assessment work referred to in subsection (1) unless,

(a) the holder files with the Minister a certificate in the prescribed form and all further evidence that the Minister may require as evidence that the holder gave the required notice;

(b) the Minister determines that it is not feasible in the circumstances to give notice to the owner of the surface rights; or

(c) the owner of the surface rights gives written consent to the performance of the work after it has been performed. 2002, c. 18, Sched. M, s. 3.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 78 is repealed and the following substituted:

Directors of Exploration Plans and Permits

78.  The Minister may appoint one or more officers or employees in the Ministry as Directors of Exploration. 2009, c. 21, s. 40.

Application

78.1  Sections 78.2, 78.3, 78.5 and 78.6 apply in accordance with the regulations. 2009, c. 21, s. 40.

Exploration plan

78.2  (1)  No person shall carry out an activity prescribed for the purposes of this section on a mining claim, mining lease or licence of occupation for mining purposes unless the person has submitted an exploration plan, in accordance with any prescribed requirements, including any Aboriginal consultation that may be prescribed. 2009, c. 21, s. 40.

Activities to comply with requirements

(2)  All activities described in an exploration plan that are carried out shall be carried out in accordance with any prescribed requirements. 2009, c. 21, s. 40.

Transfer to exploration permit

(3)  If an exploration plan includes an exploration activity prescribed for the purposes of section 78.3, or if the prescribed circumstances apply, the person shall not carry out any such activity unless the person has obtained an exploration permit. 2009, c. 21, s. 40.

When exploration permit required

78.3  (1)  No person shall carry out an activity prescribed for the purposes of this section on a mining claim, mining lease or licence of occupation for mining purposes unless the person has applied for and been issued an exploration permit. 2009, c. 21, s. 40.

Application for exploration permit

(2)  An application for an exploration permit shall be made to a Director of Exploration, and in deciding whether to issue a permit and what terms and conditions should apply to the permit, the Director shall consider,

(a) the purpose of this Act;

(b) whether Aboriginal consultation has occurred in accordance with any prescribed requirements, which may include consideration of any arrangements that have been made with Aboriginal communities that may be affected by the exploration;

(c) any arrangements that may have been made with surface rights owners; and

(d) any other prescribed circumstances. 2009, c. 21, s. 40.

Conditions

(3)  An exploration permit is subject to the prescribed standard terms and conditions and to any additional terms and conditions that the Director determines are appropriate. 2009, c. 21, s. 40.

Activities to comply with requirements

(4)  All activities described in an exploration permit that are carried out shall be carried out in accordance with the terms and conditions of the permit and the regulations. 2009, c. 21, s. 40.

Amendment or renewal of permit

(5)  The Director may, after considering the factors listed in subsection (2), amend or renew an exploration permit. 2009, c. 21, s. 40.

Reconsideration

(6)  If a decision of the Director under this section is disputed in accordance with this Act or the regulations and a recommendation is made that the Director reconsider his or her decision, the Director shall reconsider his or her decision and, where appropriate, may make a new decision based on any recommendations or determinations made. 2009, c. 21, s. 40.

No activities during dispute

(7)  If a decision of the Director under this section is disputed in accordance with this Act or the regulations, no person shall carry out any activity that is a subject of the decision until a final determination under this Act or the regulations has been made. 2009, c. 21, s. 40.

Transferees, assignees and successors of exploration plan

78.4  (1)  Any transferee, assignee or successor of a person who submitted an exploration plan under subsection 78.2 (1) shall comply with subsections 78.2 (2) and (3) in respect of that exploration plan. 2009, c. 21, s. 40.

Transferees, assignees and successors of exploration permit

(2)  Any permit that is issued under section 78.3 is binding upon and enforceable against any transferee, assignee or successor of the person to whom the permit was issued. 2009, c. 21, s. 40.

Contravention

78.5  (1)  Where it is found that a prescribed activity is being carried out in contravention of this Act or the regulations relating to exploration plans or exploration permits, an inspector or a Director may by order,

(a) require that the exploration activities cease until the contraventions are addressed to the satisfaction of a Director and the order to cease activity has been revoked; or

(b) where the contravention is with respect to an exploration permit, cancel the permit. 2009, c. 21, s. 40.

Other permits

(2)  A person who submits an exploration plan or obtains an exploration permit under this section is not exempt from complying with any other requirements that are set out under this Act or any other Act. 2009, c. 21, s. 40.

Offence continues

(3)  A person who continues an activity or causes an activity to be continued in contravention of an order made under clause (1) (a) is guilty of an offence and, in addition to any other penalty imposed under this Act, is liable on conviction to a fine of not more than $2,500 for each day the activity is continued in contravention of the order. 2009, c. 21, s. 40.

Liability for rehabilitation

78.6  If a mining claim, mining lease or licence of occupation for mining purposes is transferred or assigned, the transferee or assignee is liable for any rehabilitation obligations imposed under this Part or under an exploration plan or exploration permit with respect to the claim, lease or licence regardless of when or by whom those obligations were created. 2009, c. 21, s. 40.

See: 2009, c. 21, ss. 40, 102 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following heading:

Surface Rights Compensation

See: 2009, c. 21, ss. 41 (1), 102 (2).

Surface rights compensation

Definition

79. (1)In this section and in section 78,

“owner of the surface rights” means a person to whom the surface rights of land have been granted, sold, leased or located. R.S.O. 1990, c. M.14, s. 79 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Definition

(1)  In this section,

“surface rights holder” means a person to whom the surface rights of land have been granted, sold, leased or located. 2009, c. 21, s. 41 (2).

See: 2009, c. 21, ss. 41 (2), 102 (2).

Right to compensation

(2) Where there is an owner of surface rights of land or where land is occupied by a person who has made improvements thereon that, in the opinion of the Minister, entitles that person to compensation, a person who,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by striking out “an owner of surface rights” in the portion before clause (a) and substituting “a surface rights holder”. See: 2009, c. 21, ss. 41 (3), 102 (2).

(a) prospects, stakes or causes to be staked a mining claim or an area of land for a boring permit;

(b) formerly held a mining claim or an area of land for a boring permit that has been cancelled, abandoned or forfeited;

(c) is the holder of a mining claim or an area of land for a boring permit and who performs assessment work; or

(d) is the lessee or owner of mining lands and who carries on mining operations,

on such land, shall compensate the owner of the surface rights or the occupant of the lands, as the case may be, for damages sustained to the surface rights by such prospecting, staking, assessment work or operations. R.S.O. 1990, c. M.14, s. 79 (2); 2009, c. 21, s. 101 (2-4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by striking out “the owner of the surface rights” in the portion after clause (d) and substituting “the surface rights holder”. See: 2009, c. 21, ss. 41 (3), 102 (2).

Right of holder of mining claim, etc., to compensation

(3) Every person who damages mineral exploration workings or claim posts, line posts, tags or surveyed boundary markers delineating mining lands shall compensate the holder of the mining claim or the owner or lessee of the mining lands, as the case may be, for damages sustained. R.S.O. 1990, c. M.14, s. 79 (3).

Determination of compensation by Commissioner

(4) In default of agreement and upon application made by either party, the amount and the time and manner of payment of compensation under subsection (2) or (3) shall be determined by the Commissioner after a hearing and, subject to appeal to the Divisional Court where the amount claimed exceeds $1,000, the Commissioner’s order is final. R.S.O. 1990, c. M.14, s. 79 (4); 2009, c. 21, s. 41 (4).

Prohibiting work pending settlement

(5) The Commissioner may order the giving of security for payment of the compensation and may prohibit, pending the determination of the proceeding or until the compensation is paid or secured, further prospecting, staking or working by any person. R.S.O. 1990, c. M.14, s. 79 (5); 2009, c. 21, s. 101 (4).

Lien for compensation

(6) The compensation is a special lien upon any mining claim or mining lands, as the case may be, and no further prospecting, staking or performing of work, except by leave of the Commissioner, shall be done by any person after the time fixed for the payment or securing of the compensation, unless the compensation has been paid or secured as directed. R.S.O. 1990, c. M.14, s. 79 (6); 2009, c. 21, s. 101 (4).

Power of Commissioner to vary, etc., order

(7) The Commissioner, on notice to all interested parties and for good cause shown, on such terms as seem just, may by subsequent order or award at any time change, supplement, alter, vary or rescind any order made under this section. R.S.O. 1990, c. M.14, s. 79 (7).

Priorities

(8) In a hearing under subsection (4), the Commissioner shall take into account which of the rights was applied for first and, except where injustice would result, shall give the holder of those rights due priority in the consideration of the dispute between the parties. R.S.O. 1990, c. M.14, s. 79 (8).

Filing of agreement or order in office of recorder

(9) Where unpatented mining claims are affected by an agreement entered into in respect of the compensation referred to in subsection (2), or by an order made under subsection (4), the agreement or a certified copy of the order, as the case may be, may be filed by the person to whom the compensation is payable in the office of the recorder. R.S.O. 1990, c. M.14, s. 79 (9); 1997, c. 40, s. 7; 2009, c. 21, s. 41 (5).

Registration of order or agreement

(10) Where an unpatented mining claim is subsequently leased, the Minister shall cause any agreement or order filed in the recorder’s office under subsection (9) that affects the leased lands to be registered against the lands in the proper land registry office and the person to whom the compensation is payable is entitled to enforce the terms of the agreement or order against the lessee and, subject to the Registry Act and the Land Titles Act, against any subsequent lessee of the land. R.S.O. 1990, c. M.14, s. 79 (10).

Reduction in area of claim

80. (1)The Commissioner or the recorder may reduce the area of a mining claim staked where the surface rights have been granted, sold, leased or located, if in his or her opinion an area less than the prescribed area is sufficient for working the mines and minerals therein. R.S.O. 1990, c. M.14, s. 80 (1); 2009, c. 21, s. 101 (2).

Exclusion of part of surface rights

(2) The Commissioner or the recorder may exclude from any mining claim such part of the surface rights as may be necessary for the occupation and utilization of buildings or improvements erected or made thereon prior to the time the claim was staked. R.S.O. 1990, c. M.14, s. 80 (2); 2009, c. 21, s. 101 (2).

Issue of Patent or Lease for Mining Claim

Lease of mining claim

Right to lease of claim

81. (1)Upon compliance with this Act and the regulations and upon payment of the rent for the first year, the holder of a mining claim is entitled to a lease of the claim. R.S.O. 1990, c. M.14, s. 81 (1).

Application for lease

(2) The application and payment for a lease may be made to the recorder at any time after the first prescribed unit of assessment work on a mining claim is performed, filed and, if necessary, approved, and the application shall be accompanied by,

(a) Repealed: 1999, c. 12, Sched. O, s. 35 (1).

(b) if a survey is required under section 95 or 96, a plan of survey approved by the Surveyor General;

(c) an agreement or an order of the Commissioner indicating that surface rights compensation, if any, has been paid, secured or settled; and

(d) the required fee. R.S.O. 1990, c. M.14, s. 81 (2); 1994, c. 27, s. 134 (4); 1997, c. 40, s. 7; 1999, c. 12, Sched. O, s. 35 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed and the following substituted:

Application for lease

(2)  The application and payment for a lease may not be made to a recorder until the applicant,

(a) has performed the fifth prescribed unit of assessment work on a mining claim or, if a regulation provides that payment may be made in place of performing some or all assessment work, has made the payment and performed the work as required by the regulation; and

(b) has reported any assessment work performed and, if necessary, has received approval for the work. 2009, c. 21, s. 42 (1).

Same

(2.0.1)  The application shall be accompanied by,

(a) if a survey is required under section 95 or 96, a plan of survey approved by the Surveyor General; and

(b) an agreement or an order of the Commissioner indicating that surface rights compensation, if any, has been paid, secured or settled. 2009, c. 21, s. 42 (1).

See: 2009, c. 21, ss. 42 (1), 102 (2).

Resolution of disputes over encumbrances on mining claim

(2.1)  For the purpose of expediting the issuing of a lease under this section, the Commissioner may, upon notice to all interested parties, determine any issues relating to encumbrances or any other right or interest recorded on the abstract of an unpatented mining claim that appears to affect the claim. 2009, c. 21, s. 42 (2).

Term of lease

(3) A lease under this section shall be for a term of twenty-one years at the prescribed rental, payable in advance, for the first year and at the prescribed rate for each subsequent year. R.S.O. 1990, c. M.14, s. 81 (3).

Lease of mining rights

(4) The holder of a mining claim may elect to apply for a lease of the mining rights only. R.S.O. 1990, c. M.14, s. 81 (4).

Rental

(5) Where a lease under this section is for mining rights only, the rental shall be at the prescribed rate for such a lease. R.S.O. 1990, c. M.14, s. 81 (5).

Renewal of lease

(6) Subject to subsections (8), (9) and (10), a lease under this section is renewable for further terms of 21 years. 1999, c. 12, Sched. O, s. 35 (3).

Application

(6.1) Application for a renewal shall be made in the 90-day period before the expiry of the lease or such further period as the Minister considers appropriate. 1999, c. 12, Sched. O, s. 35 (3).

Date of renewal

(6.2) A lease that is renewed shall date from the day after the expiry of the lease. 1999, c. 12, Sched. O, s. 35 (3).

Late renewal

(6.3)  If an application for renewal is approved after the day the lease expires,

(a) until the day before the renewal is approved, the expired lease continues to apply; and

(b) on and after the day the renewal is approved, the new lease is deemed to have applied as of the day after the expiry of the previous lease, despite clause (a). 2009, c. 21, s. 42 (3).

Renewal lease rental

(7) The annual rental for a renewal lease is the prescribed amount, payable in advance. R.S.O. 1990, c. M.14, s. 81 (7).

Refusal to renew lease

(8) The Minister shall refuse to renew a lease unless,

(a) the production of minerals has occurred continuously for more than one year since the issuance or last renewal of the lease; or

(b) the lessee has demonstrated to the satisfaction of the Minister a reasonable effort to bring the property into production. R.S.O. 1990, c. M.14, s. 81 (8).

Application referred to Commissioner

(9) The Minister may refer an application for renewal of a lease to the Commissioner, who shall, upon notice to all interested persons and after hearing such of them as appear, report to the Minister thereon with his or her recommendations. R.S.O. 1990, c. M.14, s. 81 (9).

Interest

(9.1) Where payment of the rental under a lease is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid. 1999, c. 12, Sched. O, s. 35 (4).

Reduction or waiver of interest owing

(9.2)  The Minister may reduce or waive the amount of any interest added to rental payments under subsection (9.1). 2002, c. 18, Sched. M, s. 4.

Termination of lease for arrears of rent

(10) Where payment of the rental under any such lease is in arrears for two years or more, the lease may be terminated by an instrument in writing. R.S.O. 1990, c. M.14, s. 81 (10).

Notice of termination of lease

(11) Where application for renewal of a lease is not made within the time set out in subsection (6) or where a renewal of a lease is refused under subsection (8) or where a lease has been terminated under subsection (10), the Minister may cause a notice of termination to be registered in the proper land registry office, and the land registrar shall, upon receipt of the notice, duly register it, and thereupon all the interests of the lessee, the lessee’s heirs, executors, administrators and assigns shall be deemed to have ceased and determined, and the lands included in such lease are revested in the Crown freed and discharged from every claim. R.S.O. 1990, c. M.14, s. 81 (11).

Registration of notice of termination

(12) Upon registration of the notice in the proper land registry office, the Land Titles Act or the Registry Act, as the case may be, ceases to apply to the lands, and the land registrar shall note that fact in the register. R.S.O. 1990, c. M.14, s. 81 (12); 1999, c. 12, Sched. O, s. 35 (5).

Lands vested in Crown on termination of lease

(13) When a lease is terminated under this section, the lease and all rights and powers therein contained, as well as all rights and claims of the lessee, the lessee’s heirs, executors, administrators or assigns in or to the lands covered by the lease, cease, and the lands are vested in the Crown, freed and discharged from every claim and are not open for prospecting, staking, sale or lease under this Act until a date fixed by the Deputy Minister, two weeks’ notice of which shall be published in The Ontario Gazette. R.S.O. 1990, c. M.14, s. 81 (13); 2009, c. 21, s. 101 (4).

Restriction on transfer, etc.

(14)  A lease, a renewal of a lease or the term or terms that a lease creates shall not be transferred, mortgaged, charged, sublet or made subject to a debenture, unless the lessee applies to the Minister, and the Minister gives his or her written consent to the transaction. 2009, c. 21, s. 42 (4).

Disposition of surface rights

(15) Any surface rights reserved in a lease or renewal thereof may be dealt with under the Aggregate Resources Act, or under the Public Lands Act or the regulations made under those Acts. R.S.O. 1990, c. M.14, s. 81 (15).

Additional work where area of claim exceeds prescribed size

(16) Where the area of the mining claim exceeds by more than 15 per cent the prescribed size for a mining claim and the claim is not reduced in size under section 97, there shall be performed additional assessment work or moneys paid in lieu thereof as prescribed for the excess area. R.S.O. 1990, c. M.14, s. 81 (16).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (16) is repealed and the following substituted:

Additional work where area of claim exceeds prescribed size

(16)  Where the area of the mining claim exceeds by more than 15 per cent the prescribed size for a mining claim and the claim is not reduced in size under section 97, additional assessment work shall be performed or additional payments shall be made in place of assessment work as prescribed for the excess area. 2009, c. 21, s. 42 (5).

See: 2009, c. 21, ss. 42 (5), 102 (2).

Non-application of subs. (16)

(17) The Minister may direct that subsection (16) does not apply where the average area of each claim in a group of contiguous claims held in the name of one or more claim holders does not exceed the size prescribed for a mining claim by more than 15 per cent. 1999, c. 12, Sched. O, s. 35 (6).

Where additional work required

(18) Where additional work is required under subsection (16), the Minister may direct the time within which the work is to be performed and reported. R.S.O. 1990, c. M.14, s. 81 (18).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (18) is repealed and the following substituted:

Where additional work required

(18)  The Minister may direct a time for compliance with any requirements under subsection (16). 2009, c. 21, s. 42 (6).

See: 2009, c. 21, ss. 42 (6), 102 (2).

Leases issued under particular provisions

Definition

82.  (1)  In this section,

“lease” means a lease, or the renewal of a lease, of mining rights or of surface rights, or of both mining rights and surface rights, issued under section 47, 52 or 100 of The Mining Act, being chapter 241 of the Revised Statutes of Ontario, 1960, or a predecessor of that Act. 1999, c. 12, Sched. O, s. 36 (1); 2009, c. 21, s. 43.

Amount of rent

(2) Despite any rental that may be provided for in a lease, the annual rental for the lease is as prescribed. 1999, c. 12, Sched. O, s. 36 (1).

Renewal of lease

(3) A lease of mining rights under clause (a) of the definition of ‘‘lease” in subsection (1) is renewable for further terms of 10 years. 1999, c. 12, Sched. O, s. 36 (1).

Application

(4) Application for a renewal shall be made in the 90-day period before the expiry of the lease or such further period as the Minister considers appropriate. 1999, c. 12, Sched. O, s. 36 (1).

Date of renewal

(4.1) A lease that is renewed shall date from the day after the expiry of the lease. 1999, c. 12, Sched. O, s. 36 (1).

Interest

(4.2) Where payment of the rental under a lease is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid. 1999, c. 12, Sched. O, s. 36 (1).

Reduction or waiver of interest owing

(4.3)  The Minister may reduce or waive the amount of any interest added to rental payments under subsection (4.2). 2002, c. 18, Sched. M, s. 5.

Termination of lease for arrears of rent

(5) Where payment of the rental under a lease is in arrears for two years or more, the lease may be terminated by an instrument in writing. R.S.O. 1990, c. M.14, s. 82 (5).

Notice of termination of lease

(6) Where application for renewal of a lease is not made within the time set out in subsection (4) or where a lease has been terminated under subsection (5), the Minister may cause a notice of termination to be registered in the proper land registry office, and the land registrar shall, upon receipt of the notice, duly register it, and thereupon all the interests of the lessee, the lessee’s heirs, executors, administrators, successors and assigns shall be deemed to have ceased and determined, and the land included in such lease is revested in the Crown, freed and discharged from every claim. R.S.O. 1990, c. M.14, s. 82 (6); 1996, c. 1, Sched. O, s. 22.

Certain Acts not to apply to forfeited lands

(7) Upon registration of the notice under subsection (5) in the land registry office, the Land Titles Act or the Registry Act, as the case may be, ceases to apply to the lands, and the land registrar shall note that fact in his or her register. R.S.O. 1990, c. M.14, s. 82 (7); 1999, c. 12, Sched. O, s. 36 (2).

Lands vested in Crown on termination of lease

(8) When a lease is terminated under this section, the lease and all rights and powers therein contained, as well as all rights and claims of the lessee, the lessee’s heirs, executors, administrators or assigns in or to the lands covered by the lease, cease, and such lands are vested in the Crown, freed and discharged from every claim and are not open for prospecting, staking, sale or lease under this Act until a date fixed by the Deputy Minister, two weeks’ notice of which shall be published in The Ontario Gazette. R.S.O. 1990, c. M.14, s. 82 (8); 2009, c. 21, s. 101 (4).

Lease may be issued under s. 81

(9) The holder of a lease, upon application in writing therefor and upon the surrender of the lease and upon meeting the conditions set out in subsection 81 (8), may be issued a lease under section 81 for a term of twenty-one years and the rental for each year of the term thereof shall be that prescribed for the purposes of section 81 for years after the first year of a term. R.S.O. 1990, c. M.14, s. 82 (9).

Restriction on transfer etc.

(10)  A lease, a renewal of lease or the term or terms that a lease creates shall not be transferred, mortgaged, charged, sublet or made subject to a debenture without the written consent of the Minister or an officer duly authorized by the Minister. 2000, c. 26, Sched. M, s. 13.

Exchange of lease

83. (1)The holder of a lease issued under this Act, upon application in the prescribed form to the Minister, accompanied by the required fee, and upon the surrender of the lease, may be issued in exchange for that lease, on such terms and conditions as the Minister considers appropriate, two or more replacement leases. R.S.O. 1990, c. M.14, s. 83 (1); 1997, c. 40, s. 7.

Terms of replacement leases

(2) Replacement leases issued under subsection (1) may be for a different tenure than that of the original lease but they shall,

(a) cover together the same area of land as the surrendered lease covered;

(b) be for a term equal to the balance of the surrendered lease; and

(c) be at the applicable rental rate per hectare, as prescribed. 1996, c. 1, Sched. O, s. 23.

Consolidation of leases

(3) The holder of two or more leases of the same tenure may apply to the Minister to consolidate them into a single lease. 1999, c. 12, Sched. O, s. 37.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 83 is repealed and the following substituted:

Exchange of lease

83.  (1)  The holder of a lease issued under this Act, upon application to the Minister, and upon the surrender of the lease, may be issued one or more replacement leases in exchange for that lease, on such terms and conditions as the Minister considers appropriate. 2009, c. 21, s. 44.

No expansion of rights

(2)  A replacement lease issued under subsection (1) shall not include surface rights or mining rights that were not included in the surrendered lease. 2009, c. 21, s. 44.

Separate surface rights and mining rights

(3)  A holder, upon so requesting in the application under subsection (1), may be issued separate replacement leases for the surface rights and for the mining rights for the land, provided that the surrendered lease is for both mining rights and surface rights, but land held under a replacement lease for surface rights shall be used solely for mining purposes. 2009, c. 21, s. 44.

Terms of replacement leases

(4)  Replacement leases issued under subsection (1) or (2) may be for a different tenure than that of the original lease, but they shall,

(a) in the case of one replacement lease, cover the same area of land as the surrendered lease covered or a smaller area;

(b) in the case of two or more replacement leases, cover together the same area of land as the surrendered lease covered or a smaller area;

(c) be for a term equal to the balance of the surrendered lease; and

(d) be at the applicable rental rate per hectare, as prescribed. 2009, c. 21, s. 44.

Application of s. 81

(5)  Subsections 81 (6), (6.1), (6.2), (6.3), (8), (9), (9.1), (10), (11), (12), (13) and (14) apply with necessary modifications to leases issued under this section. 2009, c. 21, s. 44.

Consolidation of leases

(6)  The holder of two or more leases of the same tenure may apply to the Minister to have the leases consolidated into a single lease. 2009, c. 21, s. 44.

Interest

(7)  Where payment of the rental under a lease is not paid within the required time, interest at the prescribed rate, compounded annually, shall be added to the amount owing in each year that the amount remains unpaid. 2009, c. 21, s. 44.

See: 2009, c. 21, ss. 44, 102 (2).

Lease of surface rights

84. (1)Upon application by a lessee or owner of mining rights or a holder of a mining licence of occupation, the Minister may lease any available surface rights inside or outside the lands covered by the lease, patent or licence of occupation required by the applicant for any purpose essential to mining or mining exploration, including for constructing a shaft or buildings or disposing of tailings or other waste material. 1999, c. 12, Sched. O, s. 38 (1).

Application for lease of surface rights

(2) An application for a lease of surface rights shall be made in the prescribed form, contain the required fee and provide such details as the Minister requires, including,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by striking out the portion before clause (a) and substituting the following:

Application for lease of surface rights

(2)  An application for a lease of surface rights shall provide such details as the Minister requires, including,

See: 2009, c. 21, ss. 45 (1), 102 (2).

(a) the specific purposes for which the surface rights are required;

(b) an adequate description and plan or sketch of the area where the applied for surface rights are located;

(c) the first year’s rental; and

(d) proof of ownership of, or of being the holder of the licence of occupation for, the mining lands or mining rights that are the basis of the application. 1999, c. 12, Sched. O, s. 38 (1).

Survey

(3) The Minister may require the applicant to furnish a survey prepared by an Ontario land surveyor and approved by the Surveyor General, and the cost of the survey shall be borne by the applicant. R.S.O. 1990, c. M.14, s. 84 (3); 1994, c. 27, s. 134 (5).

Amount of rent

(4) The annual rental of a lease or renewal under this section is the prescribed amount, payable in advance. R.S.O. 1990, c. M.14, s. 84 (4).

Interest

(4.1) Where payment of the rental under a lease is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid. 1999, c. 12, Sched. O, s. 38 (2).

Reduction or waiver of interest owing

(4.2)  The Minister may reduce or waive the amount of any interest added to rental payments under subsection (4.1). 2002, c. 18, Sched. M, s. 6.

Term of lease

(5) A lease issued under this section shall be for a term of twenty-one years, but, where the mining lands or mining rights that are the basis of the application are held under a mining lease, the term shall be conterminous with the mining lease. R.S.O. 1990, c. M.14, s. 84 (5).

Application of s. 81

(6)  Subsections 81 (6), (6.1), (6.2), (6.3), (8), (9), (9.1), (10), (11), (12), (13) and (14) apply with necessary modifications to leases issued under this section, but, where the mining lands or mining rights that are the basis of the application are held under a mining lease, the renewal term shall be conterminous with the mining lease. 2009, c. 21, s. 45 (2).

Termination of lease where lands forfeited

(7) Where the mining lands or mining rights that are the basis for a lease issued under this section are revested in or are forfeited or revert to the Crown, the lease is forfeited, and subsections 81 (11), (12) and (13) apply. R.S.O. 1990, c. M.14, s. 84 (7).

Holder of lease and holder of land to be same person

(8) Where the holder of a lease issued under this section ceases to be the holder of the lands or mining rights in respect of which the lease was issued, the lease is forfeited, and subsections 81 (11), (12) and (13) apply. R.S.O. 1990, c. M.14, s. 84 (8).

Lease void where lands used other than for mining industry

85. The lands, surface rights or mining rights held under a lease that has been or will be issued under this Act shall be used solely for the purposes of the mining industry, and, in default thereof and on the recommendation of the Commissioner, the Lieutenant Governor in Council may declare the lease void, and subsections 81 (11), (12) and (13) apply. R.S.O. 1990, c. M.14, s. 85.

Reservations, etc., in leases

86. (1)Every lease issued under this Act shall contain the following reservations or provisions:

Reservation for roads

1. Provided that nothing whatsoever herein contained shall prevent or interfere with the free user of any public or travelled road or highway crossing the hereinbefore described premises.

Reservation for power, petroleum, etc.

2. Reserving unto Us, Our Heirs and Successors such use of the land hereby demised for all such works as may be necessary for the development of water power and the development, transmission and distribution of electrical power, natural gas, petroleum and petroleum products, including the construction, maintenance and operation of roads, railroads, transmission lines and stations, flumes, pipelines, dams, power houses and other works and structures without any liability by Us to the Lessee.

Reservation for railways

3. Reserving the right to grant without compensation to any person or corporation the right-of-way necessary for the construction and operation of one or more railways over or across the lands herein leased without let or hindrance from the Lessee where such railway or railways shall not manifestly or materially interfere with the mining operations carried on upon the said premises.

Reservation for navigable waters

4. Saving, Excepting and Reserving unto Us, Our Heirs and Successors the free use, passage and enjoyment of, in, over and upon all navigable waters which shall or may hereafter be found on or under or to be flowing through or upon any part of the said parcel or tract of land hereby demised as aforesaid and reserving also right of access to the shores of all rivers, streams and lakes for all vessels, boats and persons, together with the right to use so much of the banks thereof not exceeding one chain in depth from the highwater mark as may be necessary for fishery or public purposes.

Provided that, should the premises herein described or any part thereof be covered by navigable waters, this lease shall be subject to the provisions of the Navigable Waters Protection Act (Canada), the Beds of Navigable Waters Act and the Lakes and Rivers Improvement Act.

Reservation for fishing

5. Provided that nothing herein contained shall in any manner restrict fishing or fishing rights in any navigable waters covering the premises hereby demised and that the Lessee shall not do any act resulting in damage to fishing or the fishing industry in the waters or to nets or other appliances used in fishing in the waters.

Reservation for land under navigable waters

6. Provided that these presents shall not vest in the Lessee any right, claim or title to the land under navigable waters which may be included within the limits of the herein described premises, but the Lessee shall have the exclusive right to extract the minerals therefrom during the term of these presents. R.S.O. 1990, c. M.14, s. 86 (1).

Where item 2 of subs. (1) does not apply

(2) Item 2 of subsection (1) does not apply to a lease of the mining rights only. R.S.O. 1990, c. M.14, s. 86 (2).

Other reservations

(3) The Minister may direct the inclusion of other reservations or provisions provided for in this Act or not inconsistent with the intent of this Act. R.S.O. 1990, c. M.14, s. 86 (3).

Omission of reservations, etc.

(4) The Minister may omit reservations or provisions contained in subsection (1) from a lease issued under section 84 where such reservations or provisions are contrary to the purpose of the lease. R.S.O. 1990, c. M.14, s. 86 (4).

Provision re Aboriginal or treaty rights

86.1  Every lease issued under this Act, including leases issued or renewed before the enactment of this section, shall include or be deemed to include the following provision:

The Lessee’s rights under this lease are subject to the protection provided for existing Aboriginal or treaty rights in section 35 of the Constitution Act, 1982 and the Lessee shall conduct itself on the demised premises in a manner consistent with the protection provided to any such rights.

2009, c. 21, s. 46.

Reservation for roads

87. (1)Every patent or lease issued under this Act shall contain a reservation for road purposes of 10 per cent of the surface rights of the land granted or leased, as the case may be, and the Crown or its officers or agents may lay out and construct roads where considered proper on the lands so granted or leased. R.S.O. 1990, c. M.14, s. 87 (1).

Reservation of surface rights

(2) Every patent or lease issued under this Act shall contain a reservation of the surface rights on and over any public or colonization road or any highway crossing the land granted or leased at the date of issue of the patent or lease. R.S.O. 1990, c. M.14, s. 87 (2).

Exception

(3) Subsections (1) and (2) do not apply to patents or leases of the mining rights only. R.S.O. 1990, c. M.14, s. 87 (3).

Reservation of land to read as reservation of surface rights

(4) Where a patent or lease has been issued under this Act or any predecessor thereof containing a reservation for road purposes of 5 per cent or of 10 per cent of the lands granted, and the Crown or its officers or agents did not occupy lands under such reservation, prior to the 1st day of May, 1963, for laying out and constructing roads, such reservation shall now read as a reservation of 5 per cent of the surface rights or 10 per cent of the surface rights, as the case may be. R.S.O. 1990, c. M.14, s. 87 (4).

Form of patent

88. Every patent of Crown lands or mining rights by which it is intended to vest in the patentee the mines and minerals therein or a part thereof or any rights in connection therewith shall state that it was issued under this Act or the former Act under which it was issued. R.S.O. 1990, c. M.14, s. 88.

Disposal of surface rights

89. (1)In a patent or lease of a mining claim, the Minister shall reserve all surface rights and other rights excluded by or withdrawn under this Act or that have otherwise been alienated by the Crown. R.S.O. 1990, c. M.14, s. 89 (1).

Disposition of surface rights

(2) Any surface rights reserved under this section may be dealt with under the Aggregate Resources Act or under the Public Lands Act or the regulations made under those Acts. R.S.O. 1990, c. M.14, s. 89 (2).

Patents issued under this Act to vest minerals

90. (1)Every patent of Crown lands that purports to be issued under this Act, unless it is otherwise expressly stated, vests in the patentee of the estate thereby granted all title of the Crown in such lands and all mines and minerals therein. R.S.O. 1990, c. M.14, s. 90 (1).

Application of Conveyancing and Law of Property Act

(2) Despite section 19 of the Conveyancing and Law of Property Act, where a patent or lease of a mining claim was or is issued under this Act on or after the 1st day of July, 1914, and the patent or lease reserves the surface rights, section 16 of the Conveyancing and Law of Property Act applies if the surface rights were the property of the Crown and were not applied for or occupied at the time that the mining claim was staked and recorded. R.S.O. 1990, c. M.14, s. 90 (2); 2009, c. 21, s. 101 (2).

Condition of patent ores to be treated in Canada

91. (1)All lands, claims or mining rights patented, leased or otherwise disposed of under this or any other Act or by any authority whatsoever are subject to the condition that all ores or minerals raised or removed therefrom shall be treated and refined in Canada so as to yield refined metal or other product suitable for direct use in the arts without further treatment, in default whereof the Lieutenant Governor in Council may declare the lease, patent or other form of title of such lands, claims or mining rights to be void, and the order in council so declaring shall be registered in the proper land registry office, or in the case of a licence of occupation, filed in the Minister’s office, whereupon such lands, claims or mining rights revert to and become vested in Her Majesty, Her heirs and successors, freed and discharged of any interest or claim of any other person. R.S.O. 1990, c. M.14, s. 91 (1).

Idem

(2) For the purposes of subsection (1), the Minister may determine the stage of refinement at which any mineral substance is refined metal or other product suitable for direct use in the arts without further treatment. R.S.O. 1990, c. M.14, s. 91 (2).

Exemptions

(3) The Lieutenant Governor in Council may exempt any lands, claims or mining rights from the operation of this section for such period of time as seems proper. R.S.O. 1990, c. M.14, s. 91 (3).

Where conflict, section prevails

(4) Where there is any conflict between the provisions of this section and the provisions of any general or special Act, the provisions of this section prevail. R.S.O, 1990, c. M.14, s. 91 (4).

Reservation of trees and right of entry

92. (1)Every patent or lease of Crown lands issued under this Act shall contain a reservation to the Crown of all timber and trees standing, being or hereafter found growing upon the lands thereby granted or leased, and of the right to enter upon such lands to carry on forestry, to cut and remove any timber or trees thereon, and to make necessary roads for such purposes. R.S.O. 1990, c. M.14, s. 92 (1).

Exercise of rights reserved

(2) The rights reserved in subsection (1) may be exercised by any person holding a licence or permit from the Crown when authorized to do so by the Minister. R.S.O. 1990, c. M.14, s. 92 (2).

Ownership of trees remains in Crown

(3) All timber and trees on Crown lands that have been staked and recorded under this Act remain the property of the Crown, and the Crown may enter upon such lands to carry on forestry, to cut and remove any timber or trees thereon, and to make necessary roads for such purpose. R.S.O. 1990, c. M.14, s. 92 (3); 2009, c. 21, s. 101 (2).

Conditions under which holder, owner or lessee may cut trees

(4) Despite subsections (1) and (3) and subject to subsections (5) and (6), the recorded holder of a mining claim staked on Crown lands or the owner or lessee of lands acquired under this Act may cut such trees on the lands so staked or acquired as may be necessary for building, fencing or fuel purposes or for any other purpose necessary for the development or working of the minerals thereon. R.S.O. 1990, c. M.14, s. 92 (4).

Idem

(5) Where a licence or permit from the Crown to cut timber on the land has not been granted, the recorded holder, owner or lessee may, on application to the Minister, be granted permission to cut and use the trees for the purposes mentioned in subsection (4) either without payment or on such terms and conditions as the Minister imposes. R.S.O. 1990, c. M.14, s. 92 (5).

Idem

(6) Where a licence or permit from the Crown to cut timber on the lands has been granted, the recorded holder, owner or lessee shall compensate the timber licensee or permittee for the trees cut or used by the holder, owner or lessee. R.S.O. 1990, c. M.14, s. 92 (6).

Determination of disputes

(7) Where a dispute arises between the recorded holder, owner or lessee and the timber licensee or permittee as to the value or quantity of the trees cut or used under subsection (6), the Minister shall determine the dispute and his or her decision is final. R.S.O. 1990, c. M.14, s. 92 (7).

Holder, etc., of mining rights not to cut trees

(8) This section does not confer upon the recorded holder, owner or lessee of the mining rights any right to cut trees upon the lands on which the holder, owner or lessee has staked or acquired only the mining rights. R.S.O. 1990, c. M.14, s. 92 (8).

Cancellation of erroneous patents

93. Where letters patent, leases, licences or other instruments of title have been issued to or in the name of the wrong person through mistake, or contain any clerical error or misnomer, or a wrong description of the land intended to be granted, the Deputy Minister, if there is no adverse claim and whether or not the land has been registered under the Land Titles Act or the Registry Act, may direct the defective instrument to be cancelled and a correct one to be issued in its stead and the corrected instrument shall relate back to the date of the one so cancelled and has the same effect as if issued on the date of the cancelled instrument. R.S.O. 1990, c. M.14, s. 93.

Surveys under annulments

94. Where patents, leases, licences or other instruments of title have been issued under this Act for any land or mining rights affected by an annulment under subsection 7 (1) of the Public Lands Act, the Deputy Minister, whether or not the land has been registered under the Land Titles Act or the Registry Act, may cause such instrument of title to be cancelled and an instrument containing a revised description of the land or mining rights to be issued in its stead, and the corrected instrument shall relate back to the date of the one so cancelled and has the same effect as if issued on the date of the cancelled instrument. R.S.O. 1990, c. M.14, s. 94.

Survey of Claim

Surveys

When survey required in unsurveyed territory

95. (1)Before a lease or licence of occupation of a mining claim in unsurveyed territory is applied for, the claim shall be surveyed by an Ontario land surveyor at the expense of the applicant, but no survey of a mining claim, except a perimeter survey consented to by the Minister under subsection (3), shall be made without the written consent of the recorder. R.S.O. 1990, c. M.14, s. 95 (1).

Prescribed methods of surveying

(2) Subject to the Surveys Act, the prescribed methods and procedures shall be followed in the surveying of mining claims unless the Minister orders otherwise. R.S.O. 1990, c. M.14, s. 95 (2); 2001, c. 9, Sched. L, s. 4.

Perimeter survey

(3) Where two or more mining claims in unsurveyed territory are contiguous and are recorded in the same name, the Minister may, in special circumstances and upon application therefor, consent to a perimeter survey being made of the circumference of the contiguous claims in lieu of a survey under subsection (1). R.S.O. 1990, c. M.14, s. 95 (3).

Minister to issue written instructions

(4) Where the Minister consents to a perimeter survey being made under subsection (3), he or she shall issue written instructions prescribing its conduct and filing. R.S.O. 1990, c. M.14, s. 95 (4).

Additional work where area exceeds prescribed size

(5) Where a perimeter survey is made under subsection (3), the rental shall be computed on the total area of the claims within the perimeter survey and, where the average area of the claims within the perimeter survey exceeds by more than 15 per cent the prescribed size for a mining claim, there shall be performed additional assessment work or money paid in lieu thereof as prescribed for the excess area. R.S.O. 1990, c. M.14, s. 95 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed and the following substituted:

Additional work where area exceeds prescribed size

(5)  Where a perimeter survey is made under subsection (3), the rental shall be computed on the total area of the claims within the perimeter survey and, where the average area of the claims within the perimeter survey exceeds by more than 15 per cent the prescribed size for a mining claim, additional assessment work shall be performed or additional payments shall be made in place of assessment work as prescribed for the excess area. 2009, c. 21, s. 47.

See: 2009, c. 21, ss. 47, 102 (2).

Where additional work required

(6) Where additional work is required under subsection (5), the Minister may set out in an order the time within which such work is to be performed and recorded. R.S.O. 1990, c. M.14, s. 95 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed and the following substituted:

Where additional work required

(6)  The Minister may set out in an order the time for compliance with any requirements under subsection (5). 2009, c. 21, s. 47.

See: 2009, c. 21, ss. 47, 102 (2).

Inspection before perimeter survey made

(7) Before a perimeter survey is made, the Minister may order the inspection of the mining claims proposed to be included in the perimeter survey and an inspector or other officer of the Ministry shall prepare and submit to the Minister a report and plan according to the instructions provided by the Minister and the survey shall not be directed to be made unless the Minister is satisfied that the requirements of this Act have been complied with. R.S.O. 1990, c. M.14, s. 95 (7).

Fee

(8) The fee for an inspection under subsection (7) is the amount set by the Minister, payable in advance, and the Minister may require the applicant to provide the inspector with suitable transportation to the location of the claims. R.S.O. 1990, c. M.14, s. 95 (8); 1997, c. 40, s. 2.

Cancellation of work

(9) Where, after a perimeter survey has been made, one or more of the claims within the perimeter survey is cancelled for any reason or where the holder of a recorded interest ceases to be the holder of an undivided interest in the whole, the survey is void, and thereupon the recorder shall cancel the entry on the record and he or she shall also cancel the work recorded on account of the survey. R.S.O. 1990, c. M.14, s. 95 (9).

Minister may direct survey of claim in surveyed territory

96. Where, upon an application for a lease or licence of occupation of a mining claim in surveyed territory, the Minister is of opinion that a survey is necessary, he or she may direct that a survey thereof be made at the expense of the applicant, and the survey, unless otherwise ordered, shall comply with the same requirements as a survey of a mining claim or the perimeter survey of mining claims in unsurveyed territory. R.S.O. 1990, c. M.14, s. 96.

Reduction of area of claim

97. (1)If it is found upon a survey required or authorized by this Act that the area of a mining claim exceeds the prescribed size, the Minister may reduce the area to the prescribed size or thereabouts in any way he or she sees fit. R.S.O. 1990, c. M.14, s. 97 (1).

Lands accidentally omitted, disposition of gores and fractions

(2) Where two or more mining claims in unsurveyed territory are contiguous and constitute a group recorded in the name of one holder and it was the manifest intention of the applicant or applicants, as shown by the sketch or sketches accompanying the application or applications for the same, to include as part of such mining claims all lands and lands under water within the limits of such group, and a survey shows that certain of the lands or lands under water are not so included, such lands or lands under water shall nevertheless be deemed to be part and parcel of the claim or claims in which it was the manifest intention that they should be included, and where two or more mining claims are contiguous and are recorded in the name or names of more than one holder, any fraction or gore shown or created by a survey is not open for staking until the Minister so directs, and the Minister, on the report of the Surveyor General, may award such fraction or gore, or part thereof, to the recorded holder or holders of either or both of the contiguous claims, or may sell, lease, or otherwise dispose of the same as he or she sees fit without requiring such fraction or gore to be staked as a mining claim. R.S.O. 1990, c. M.14, s. 97 (2); 2009, c. 21, s. 101 (2, 4).

PART III (s. 98) Repealed: 1997, c. 40, s. 3.

PART IV
OIL, GAS, UNDERGROUND STORAGE AND SALT SOLUTION MINING

99.  Repealed: 2009, c. 21, s. 49.

Exploration licences

100. The Minister may issue exploration licences for the purposes of exploring and drilling for oil and gas on Crown land. 1998, c. 18, Sched. I, s. 40.

Production leases

101.  The Minister may issue the following types of production leases:

1. Leases for the drilling for and production of oil and gas on Crown land.

2. Leases for the drilling for and production of salt by solution mining on Crown land. 2009, c. 21, s. 50.

Storage leases

101.1  (1)  The Minister may issue storage leases for the temporary storage of hydrocarbons and other prescribed substances in underground formations on Crown land. 2000, c. 26, Sched. L, s. 6 (2).

Same

(2)  A storage lease does not authorize the permanent disposal of any substance. 2000, c. 26, Sched. L, s. 6 (2).

Overlapping licences and leases

101.2  Despite the definition of “Crown land” in section 1, the Minister may issue an exploration licence, production lease or storage lease under this Part in respect of land that is already subject to a licence or lease under this Part. 2000, c. 26, Sched. L, s. 6 (2).

Licence and lease regulations

102.  (1)  The Minister may make regulations,

(a) prescribing other substances for the purpose of section 101.1;

(b) respecting the tendering of exploration licence and storage lease rights;

(c) respecting the application for and issuance of exploration licences, production leases and storage leases;

(d) respecting the terms and conditions of exploration licences, production leases and storage leases;

(e) respecting exploration licence, production lease and storage lease rentals, royalties and other payments;

(f) respecting minimum exploration licence work requirements;

(g) respecting the transfer, assignment, surrender and termination of exploration licences, production leases and storage leases;

(h) respecting the disposition or tendering of exploration licence, production lease and storage lease rights on cancellation or termination of an exploration licence, production lease or storage lease. 2000, c. 26, Sched. L, s. 6 (3).

Previous regulations

(2)  The regulations made by the Lieutenant Governor in Council under this section, as it read immediately before this subsection came into force, shall be deemed to have been made by the Minister under subsection (1). 2000, c. 26, Sched. L, s. 6 (3).

PART V
COMMENCEMENT OF SURFACE MINING OF NON-METALLIC MINERALS

Commencement of surface mining

103.  (1)A person who proposes to commence the surface mining on Crown land of non-metallic minerals, excluding natural gas, petroleum and aggregate as defined in the Aggregate Resources Act, shall proceed by complying with the requirements of Part II of this Act. 1994, c. 27, s. 134 (6).

Same

(2) A person who proposes to commence the surface mining on Crown land of aggregate as defined in the Aggregate Resources Act shall proceed by applying for and obtaining an aggregate permit or a licence under the Aggregate Resources Act and may also obtain a lease from the Crown for the lands affected by complying with the provisions of Part II of this Act. 1994, c. 27, s. 134 (6).

Staking of mining claim

104. Although an aggregate permit or a licence has been obtained under the Aggregate Resources Act, any licensee under this Act may stake a mining claim or claims on Crown land affected by the permit or licence, in which case the provisions of this Act apply and any question of property damage shall be determined in the manner set out in section 79. R.S.O. 1990, c. M.14, s. 104; 2009, c. 21, s. 101 (1).

PART VI
MINING AND LANDS COMMISSIONER

Jurisdiction

105.  (1)  No action lies and no other proceeding shall be taken in any court as to any matter or thing concerning any right, privilege or interest conferred by or under the authority of this Act, but every claim, question and dispute in respect of the matter or thing shall be determined by the Commissioner except as otherwise provided in section 171 or elsewhere in this Act and except for matters relating to consultation with Aboriginal communities, Aboriginal or treaty rights or to the assertion of Aboriginal or treaty rights. 2009, c. 21, s. 51.

Same

(2)  In the exercise of the power conferred by this section, the Commissioner may make such order or give such directions as he or she considers necessary to make effective and enforce compliance with his or her decision. 2009, c. 21, s. 51.

Crown patents

106. (1)The Commissioner has no power or authority to declare forfeited or void or to cancel or annul any Crown patent issued for lands, mining land, mining claims or mining rights, but every action and every proceeding to declare forfeited or void or to cancel or annul any such Crown patent may be brought or taken in the Superior Court of Justice. R.S.O. 1990, c. M.14, s. 106 (1); 2000, c. 26, Sched. M, s. 17.

Where cancellations permitted

(2) Subsection (1) does not apply to cancellations or forfeitures provided for in this Act or in the patent. R.S.O. 1990, c. M.14, s. 106 (2).

Transfer of proceeding to Superior Court of Justice

107. A party to a proceeding under this Act brought before the Commissioner and involving any right, privilege or interest or in connection with any patented lands, mining lands, mining claims or mining rights, may, at any stage of the proceeding, apply to the Superior Court of Justice for an order transferring the proceeding to that court. R.S.O. 1990, c. M.14, s. 107; 2000, c. 26, Sched. M, s. 17.

Reference from court to Commissioner

108. Where in the opinion of the court in which an action is brought the proceeding may be more conveniently dealt with or disposed of by the Commissioner, the court may, upon the application of a party or otherwise and at any stage of the proceeding, refer the action or any question therein to the Commissioner as a referee on such terms as to the court seems just and the Commissioner shall thereafter give directions for the continuance of the proceeding before him or her, and, subject to the order of reference, all costs are in his or her discretion. R.S.O. 1990, c. M.14, s. 108.

Transfer from court to Commissioner

109. Where a proceeding that should have been taken before the Commissioner is brought in a court, the court may, upon the application of a party or otherwise and at any stage of the proceeding, transfer it to the Commissioner. R.S.O. 1990, c. M.14, s. 109.

Disputes

110. (1)A recorder may hear and, subject to the right of appeal provided in section 112, determine disputes between persons with respect to unpatented mining claims. 1999, c. 12, Sched. O, s. 39 (1).

Same

(2) If a dispute relates to whether the provisions of this Act regarding mining claims have been complied with, the recorder shall hear and determine the dispute unless,

(a) the Commissioner orders otherwise; or

(b) the Commissioner agrees to hear and determine the question pursuant to a request made by the recorder. 1999, c. 12, Sched. O, s. 39 (1).

Note of decision

(3) The recorder shall forthwith,

(a) record a detailed note of all decisions that he or she makes; and

(b) notify all persons affected by a decision. 1999, c. 12, Sched. O, s. 39 (1).

(4) Repealed: 1999, c. 12, Sched. O, s. 39 (2).

Finality of decision

(5) The decision of the recorder is final and binding unless appealed from as provided in section 112. R.S.O. 1990, c. M.14, s. 110 (5).

Recorder may order the removal of witness posts, etc.

(6) The recorder may make an order directing a holder,

(a) to move, remove or alter corner posts, line posts or witness posts and the writing or inscribing thereon;

(b) to blaze, re-blaze, move or alter existing or missing claim lines;

(c) to place or replace metal tags that are missing or have been removed or destroyed after having been affixed to any posts; or

(d) to place or replace missing or defective posts and to affix tags to such posts,

and the recorder shall set out in the order the time within which the work shall be completed and reported to the recorder. R.S.O. 1990, c. M.14, s. 110 (6).

(7) Repealed: 1999, c. 12, Sched. O, s. 39 (3).

Recorder may extend time or cancel claim

(8) Where the work set out in an order under subsection (6) has not been completed within the time set out in the order, the recorder may extend the time for completing the work or may cancel the claim or claims on which the work was to have been done and shall, in the case of cancellation, by mail sent not later than the next day after the cancellation, notify the holder of the recorder’s action and the reason therefor. R.S.O. 1990, c. M.14, s. 110 (8); 1999, c. 12, Sched. O, s. 39 (4).

Application

(9) This section applies to the manner in which the metal tags have been affixed to the corner posts although the time prescribed for affixing the tags has not expired. R.S.O. 1990, c. M.14, s. 110 (9).

Application of subss. (6), (8) and (9)

(10) Subsections (6), (8) and (9) apply whether there is a dispute under this section or not. 1999, c. 12, Sched. O, s. 39 (5).

Proceedings before recorder

Directions as to conduct of proceedings

111. (1)The recorder may give directions for the conduct and carrying on of proceedings before him or her, and in so doing the cheapest and simplest methods of determining the questions arising that afford to all interested parties an adequate opportunity of knowing the issues in the proceedings and of presenting material and making representations on their behalf shall be adopted. R.S.O. 1990, c. M.14, s. 111 (1).

Reasons for decision

(2) The recorder shall give reasons for any decision made in proceedings before him or her. R.S.O. 1990, c. M.14, s. 111 (2).

Enforcement of decision

(3) A copy of the final decision of a recorder may be filed with the Superior Court of Justice under section 19 of the Statutory Powers Procedure Act, which applies thereto. R.S.O. 1990, c. M.14, s. 111 (3); 2000, c. 26, Sched. M, s. 17.

Application of Statutory Powers Procedure Act

(4) Except as provided in subsection (3), the Statutory Powers Procedure Act does not apply to proceedings before the recorder. R.S.O. 1990, c. M.14, s. 111 (4).

Appeal to Commissioner

112. (1)A person affected by a decision of or by any act or thing, whether ministerial, administrative or judicial, done, or refused or neglected to be done by a recorder may appeal to the Commissioner, except where the appeal is with respect to consultation with Aboriginal communities, Aboriginal or treaty rights or to the assertion of Aboriginal or treaty rights. R.S.O. 1990, c. M.14, s. 112 (1); 2009, c. 21, s. 52 (1).

Where public interest affected

(2) Where, in the opinion of the Minister, the public interest is affected by a decision, act or thing mentioned in subsection (1), an officer or employee of the Ministry designated by the Minister for that purpose may,

(a) be added as a party to an appeal taken under subsection (1); or

(b) take an appeal under subsection (1), in which case no fee in respect of the appeal is payable. R.S.O. 1990, c. M.14, s. 112 (2).

Appeal

(3) An appeal to the Commissioner shall be by notice of appeal. 1999, c. 12, Sched. O, s. 40; 2009, c. 21, s. 52 (2).

Service and filing of appeal

(4) The appellant shall file the notice of appeal with the Commissioner and serve it on the recorder and all other affected parties within 30 days after the recording of the decision or the doing of the other act or thing that is the subject of the appeal. 1999, c. 12, Sched. O, s. 40.

Extension of time for service

(5) If an appeal has been properly filed but service has not been effected in accordance with subsection (4) despite reasonable efforts to do so and the Commissioner is otherwise satisfied that the case is a proper one for appeal, the Commissioner may extend the time for service and may make such order for substitutional or other service as he or she considers just. 1999, c. 12, Sched. O, s. 40.

Appeal by affected person

(6) The Commissioner may allow a person other than the appellant to appeal the decision, act or thing if the person,

(a) is affected by the decision, act or thing;

(b) has not been notified as provided under section 76 or 110;

(c) has apparently suffered substantial injustice; and

(d) has not caused undue delay. 1999, c. 12, Sched. O, s. 40.

Service

(7) The notice of appeal shall indicate an address in Ontario at which the appellant may be served with any notice or document relating to the appeal. 1999, c. 12, Sched. O, s. 40.

Sufficient service

(8) A notice or document is sufficiently served on the appellant if it is left with an adult at that address or if it is sent to the appellant at that address. 1999, c. 12, Sched. O, s. 40.

Same

(9) If no address for service is given as required under subsection (7), any notice or document relating to the appeal may be served on the appellant by posting a copy of it. 1999, c. 12, Sched. O, s. 40.

Hearing

113. The Commissioner shall determine,

(a) an appeal from a recorder, after a hearing by way of a new hearing; and

(b) a dispute referred to in section 48 or a claim, question, dispute or other matter within his or her jurisdiction after a hearing,

pursuant to an appointment fixing the time and place for the hearing. R.S.O. 1990, c. M.14, s. 113.

Application for appointment for hearing

114. (1)Application to the Commissioner for an appointment for a hearing may be made in writing by any party to the proceeding upon such notice and to such persons as the Commissioner directs. R.S.O. 1990, c. M.14, s. 114 (1); 1997, c. 40, s. 7; 2009, c. 21, s. 53.

Time for hearing

(2) The Commissioner may fix such time for a hearing as will permit the matter to be disposed of as promptly as possible, allowing adequate time to the parties to prepare their cases but, unless all parties consent thereto, the hearing shall be held not less than ten days after service of the appointment for the hearing on the parties. R.S.O. 1990, c. M.14, s. 114 (2).

Place for a hearing

(3) The Commissioner shall select as the place for a hearing such place as he or she considers most convenient for the parties in the district, upper-tier municipality or local municipality or in one of them in which the lands or mining rights affected are situate unless it appears to the Commissioner desirable that the hearing should be in some other municipality or district. 2002, c. 17, Sched. F, Table.

Leave for hearing

(4) In any matter or proceeding, other than an appeal, in any case where leave to take the proceeding is necessary, the Commissioner may give leave upon such terms as to security for costs or otherwise as the Commissioner considers just. R.S.O. 1990, c. M.14, s. 114 (4).

Service of appointment for hearing

115. (1)The Commissioner shall cause a copy of an appointment for a hearing before him to be served upon all parties, which shall, except in the case of an appeal or a dispute under section 48, state briefly the particulars of the right or question in issue or of the dispute. R.S.O. 1990, c. M.14, s. 115 (1).

Hearing may proceed in absence of party

(2) The appointment shall state that if a person has been served and does not attend the hearing, the Commissioner may proceed in that person’s absence and that person is not entitled to notice of any further proceedings. R.S.O. 1990, c. M.14, s. 115 (2).

Statutory Powers Procedure Act

(3) Service of the appointment by mail constitutes reasonable notice for the purpose of subsection 6 (1) of the Statutory Powers Procedure Act. 1999, c. 12, Sched. O, s. 41.

Powers of Commissioner re proceedings

116. (1)Sections 114 and 115 apply despite the Statutory Powers Procedure Act and, subject to that Act, the Commissioner may,

(a) give directions for having any matter or proceeding heard and decided without unnecessary formality;

(b) order the filing or serving of statements, particulars, objections or answers, the production of documents and things, under oath or otherwise, and the making of amendments;

(c) give such other directions respecting the procedure and hearing as he or she considers proper;

(d) make any appointment, notice or other proceeding returnable forthwith or at such time as he or she considers proper;

(e) order or allow such substituted or other service as he or she considers proper;

(f) upon the application of a party to the proceedings, order the examination of any other party before an official examiner appointed under the Courts of Justice Act; and

(g) order any party to the proceedings who intends to present evidence at the hearing to file with the Commissioner and serve on each of the other parties, prior to the appearance of any witness and within such time as the Commissioner directs, a statement indicating the evidence intended to be relied upon. R.S.O. 1990, c. M.14, s. 116 (1).

Taking of evidence

(2) The Commissioner may take or order the evidence of any witness to be taken at any place in or out of Ontario. R.S.O. 1990, c. M.14, s. 116 (2).

Decision of Commissioner

117. Despite the Statutory Powers Procedure Act, the Commissioner may hear and dispose of any application not involving the final determination of the matter or proceeding, either on or without notice, at any place he or she considers convenient, and his or her decision upon any such application is final and is not subject to appeal but, where the Commissioner makes his or her decision without notice, he or she may later reconsider and amend such decision. R.S.O. 1990, c. M.14, s. 117.

Expert assistance

118. The Commissioner may obtain the assistance of engineers, surveyors or other scientific persons who may under his or her order view and examine the property in question, and in giving a decision the Commissioner may give such weight to their opinion or report as he or she considers proper. R.S.O. 1990, c. M.14, s. 118.

Commissioner may call for evidence and view property

119. (1)The Commissioner, in addition to hearing the evidence adduced by the parties, may require and receive such other evidence as he or she considers proper, and may view and examine the property in question and give a decision upon such evidence or view and examination, or may appoint a person to make an inspection of the property, and may receive as evidence and act upon the report of the person so appointed. R.S.O. 1990, c. M.14, s. 119 (1).

Statement of view or special knowledge

(2) Where the Commissioner proceeds partly on a view or on any special knowledge or skill possessed by himself or herself, he or she shall put in writing a statement of the same sufficiently full to enable a judgment to be formed of the weight that should be given thereto. R.S.O. 1990, c. M.14, s. 119 (2).

View only

(3) Where the parties consent in writing, the Commissioner may proceed wholly upon a view, and in such case his or her decision is final and is not subject to appeal. R.S.O. 1990, c. M.14, s. 119 (3).

Disclosure of evidence to parties

120. Where the Commissioner receives any opinion, report or evidence under section 118 or 119 in any proceeding before him or her, the opinion, report or evidence shall be disclosed to the parties to the proceeding who, if they so request, shall be afforded an opportunity of cross-examining the person expressing the opinion, making the report or giving the evidence. R.S.O. 1990, c. M.14, s. 120.

Decision on the merits

121. The Commissioner shall give a decision upon the real merits and substantial justice of the case. R.S.O. 1990, c. M.14, s. 121.

Security for costs

122. Where the Commissioner considers the matter or proceeding vexatious or where it is brought by a person residing out of Ontario, the Commissioner may order that such security for costs as he or she considers proper be given and that in default of such security being given within the time limited or in default of speedy prosecution the matter or proceeding be dismissed. R.S.O. 1990, c. M.14, s. 122.

Use of court rooms, etc.

123. Where the hearing is to be held at a place where a court house is situate, the Commissioner has the right to use the court room, and where the hearing is to take place in a municipality in which there is a hall belonging to the municipality, but no court room, the Commissioner has the right to use the hall. R.S.O. 1990, c. M.14, s. 123.

Sheriffs, etc., to assist

124. Sheriffs, deputy sheriffs, constables and other peace officers shall aid, assist and obey the Commissioner in the exercise of the powers conferred on the Commissioner by this Act whenever required to do so and shall upon the certificate of the Commissioner be paid the same fees as for similar services in carrying out the orders of a judge of the Superior Court of Justice. R.S.O. 1990, c. M.14, s. 124; 2000, c. 26, Sched. M, s. 17.

Recording of evidence

125. The evidence taken before the Commissioner shall be recorded and, if required, copies or a transcript thereof shall be furnished upon the same terms as in the Superior Court of Justice. R.S.O. 1990, c. M.14, s. 125; 2000, c. 26, Sched. M, s. 17.

Costs

126. The Commissioner may in his or her discretion award costs to any party, and may direct that such costs be assessed by an assessment officer or may order that a lump sum be paid in lieu of assessed costs. R.S.O. 1990, c. M.14, s. 126.

Scale of costs

127. (1)The costs and disbursements payable upon proceedings before the Commissioner shall be according to the tariff of the Superior Court of Justice. R.S.O. 1990, c. M.14, s. 127 (1); 2000, c. 26, Sched. M, s. 17.

Counsel fees

(2) The Commissioner has the same powers as an assessment officer of the Superior Court of Justice with respect to counsel fees. R.S.O. 1990, c. M.14, s. 127 (2); 2000, c. 26, Sched. M, s. 17.

Witness fees

128. The fee and attendance money to be paid to a witness before the Commissioner or recorder shall be according to the Superior Court of Justice scale. R.S.O. 1990, c. M.14, s. 128; 2000, c. 26, Sched. M, s. 17.

Decision of Commissioner

Form of decision

129. (1)Except where inapplicable, the decision of the Commissioner shall be in the form of an order or judgment, but need not show upon its face that any proceeding or notice was had or given or that any circumstance existed necessary to give jurisdiction to make the order or judgment. R.S.O. 1990, c. M.14, s. 129 (1).

When order of Commissioner takes effect

(2) Every order or judgment of the Commissioner shall take effect immediately upon its signing, subject to any express provision therein. R.S.O. 1990, c. M.14, s. 129 (2).

Oral reasons

(3) Despite section 17 of the Statutory Powers Procedure Act, the reasons for a decision of the Commissioner may be delivered orally. R.S.O. 1990, c. M.14, s. 129 (3).

Order sent to recorder

(4) The Commissioner shall forward a copy of each order or judgment to the recorder who shall amend the records in the Provincial Recording Office as necessary. 1999, c. 12, Sched. O, s. 42 (1).

Notice of amendment to records

(5) As soon as possible after amending the records in accordance with subsection (4), the recorder shall give notice in writing of the amendment of the records to the parties to the hearing before the Commissioner. 1999, c. 12, Sched. O, s. 42 (2).

(6) Repealed: 1994, c. 27, s. 130.

(7) Repealed: 1999, c. 12, Sched. O, s. 42 (3).

Final order or judgment

130. The Commissioner shall send to the parties an order or judgment of the Commissioner that finally disposes of any matter at issue. 1999, c. 12, Sched. O, s. 43.

Certified copy of order or judgment

131. Any party to a proceeding is entitled to a certified copy of any order or judgment. R.S.O. 1990, c. M.14, s. 131; 1997, c. 40, s. 7; 2009, c. 21, s. 54.

Stay of proceedings

132. Where a certified copy of a final decision of a recorder has been filed with the Superior Court of Justice under section 19 of the Statutory Powers Procedure Act, the Commissioner or the court may stay proceedings therein if an appeal from the decision is brought until final disposition of the appeal. R.S.O. 1990, c. M.14, s. 132; 2000, c. 26, Sched. M, s. 17.

Appeal to Divisional Court

133. Where not otherwise provided, an appeal lies to the Divisional Court from any decision of the Commissioner, including an order dismissing a matter or proceeding under section 122. R.S.O. 1990, c. M.14, s. 133.

Appeal procedures

Time for appeal

134. (1)Except in the case of a reference under section 108 or the Arbitration Act, 1991, an order or judgment of the Commissioner is final and conclusive unless, where an appeal may be brought, it is brought within 30 days after notice of the order or judgment is sent under section 130. 1999, c. 12, Sched. O, s. 44 (1); 2009, c. 21, s. 55.

Notice of appeal

(2) The appeal shall be brought by filing a notice of appeal with the Divisional Court and the appellant shall send a copy of the notice of appeal to the Commissioner, the recorder and the parties to the hearing before the Commissioner. 1999, c. 12, Sched. O, s. 44 (2).

Transmission of documents

(3) On receiving a copy of the notice of appeal, the Commissioner shall send the order or judgment appealed from to the Divisional Court, along with the exhibits, papers and other documents filed on the hearing before the Commissioner. 1999, c. 12, Sched. O, s. 44 (2).

(4) Repealed: 1999, c. 12, Sched. O, s. 44 (3).

Practice

(5) The practice and procedure on an appeal including the form of notice of appeal, service of the notice of appeal on the parties, and the disposition of costs on an appeal, shall be governed by the rules of court. R.S.O. 1990, c. M.14, s. 134 (5).

Judicial review

135. (1)No application for judicial review and no other proceeding may be brought to call into question,

(a) any decision of a recorder more than 30 days after the recording of the decision;

(b) any order or judgment of the Commissioner more than 30 days after notice of the order or judgment is sent under section 130; or

(c) the validity of anything done by a recorder or any other officer appointed under this Act more than 30 days after it was done. 1999, c. 12, Sched. O, s. 45.

Other proceedings

(1.1) Despite subsection (1), a proceeding may be brought calling into question any of the matters mentioned in subsection (1) more than 30 days after the recording, notice or other action mentioned in that subsection where this Act specifically permits the proceeding to be brought within a greater period of time. 1999, c. 12, Sched. O, s. 45.

No extension of time

(2) Despite anything in the Judicial Review Procedure Act, no court may extend any limitation of time fixed in subsection (1). R.S.O. 1990, c. M.14, s. 135 (2).

Defects in form

136. Where the validity of a proceeding before the Commissioner or a recorder is called into question in any court on the ground of any defect of form or substance or failure to comply with this Act or the regulations, although the defect or failure is established, the court shall not, if no substantial wrong or injustice has been thereby done or occasioned, invalidate the proceeding by reason thereof, but shall confirm the proceeding, and, upon such confirmation, the proceeding shall be and be deemed to have been valid and effective from the time when it would otherwise have been effective but for such defect or failure. R.S.O. 1990, c. M.14, s. 136.

Power to extend time

137. Where power is conferred by this Act to extend the time for doing an act or taking a proceeding, unless otherwise expressly provided, the power may be exercised as well after as before the expiration of the time allowed or prescribed for doing the act or taking the proceeding. R.S.O. 1990, c. M.14, s. 137.

Time expiring on a Saturday, etc.

138. Where the time limited for any proceeding or for the doing of anything in an office of a mining recorder or an office of the Commissioner or an office of the Minister or Deputy Minister expires or falls upon a Saturday, Sunday, holiday or any other day on which the relevant office is closed, the time so limited extends to and the thing may be done on the day next following that is not a Saturday, Sunday, holiday or other day on which the relevant office is closed. R.S.O. 1990, c. M.14, s. 138; 1996, c. 1, Sched. O, s. 25.

PART VII
REHABILITATION OF MINING LANDS

Definitions and application of Part

Definitions

139. (1)In this Part,

“advanced exploration” means the excavation of an exploratory shaft, adit or decline, the extraction of prescribed material in excess of the prescribed quantity, whether the extraction involves the disturbance or movement of prescribed material located above or below the surface of the ground, the installation of a mill for test purposes or any other prescribed work; (“exploration avancée”)

“adverse effect” means,

(a) injury or damage to property,

(b) harm or material discomfort to any person,

(c) a detrimental effect on any person’s health,

(d) impairment of any person’s safety,

(e) a severe detrimental effect on the environment; (“conséquence préjudiciable”)

“closed out” means that the final stage of closure has been reached and that all the requirements of a closure plan have been complied with; (“fermé”)

“closure” means the temporary suspension, inactivity or close out of advanced exploration, mining or mine production; (“fermeture”)

“closure plan” means a plan to rehabilitate a site or mine hazard that has been prepared in the prescribed manner and filed in accordance with this Act and that includes provision in the prescribed manner of financial assurance to the Crown for the performance of the closure plan requirements; (“plan de fermeture”)

“Director” means a Director of Mine Rehabilitation appointed under subsection 153 (2); (“directeur”)

“inactivity” means the indefinite suspension of a project in accordance with a filed closure plan where protective measures are in place but the site is not being continuously monitored by the proponent; (“inactivité”)

“mine production” means mining that is producing any mineral or mineral-bearing substance for immediate sale or stockpiling for future sale, and includes the development of a mine for such purposes; (“production minière”)

“progressive rehabilitation” means rehabilitation done continually and sequentially during the entire period that a project or mine hazard exists; (“réhabilitation progressive”)

“project” means a mine or the activity of advanced exploration, mining or mine production; (“projet”)

“proponent” means the holder of an unpatented mining claim or licence of occupation or an owner as defined in section 1; (“promoteur”)

“protective measures” means steps taken in accordance with the prescribed standards to protect public health and safety, property and the environment; (“mesures de protection”)

“rehabilitate” means measures, including protective measures, taken in accordance with the prescribed standards to treat a site or mine hazard so that the use or condition of the site,

(a) is restored to its former use or condition, or

(b) is made suitable for a use that the Director sees fit; (“réhabiliter”)

“site” means the land or lands on which a project or mine hazard is located; (“lieu”)

“temporary suspension” means the planned or unplanned suspension of a project in accordance with a filed closure plan where protective measures are in place and the site is being monitored continuously by the proponent.(“suspension temporaire”) 1996, c. 1, Sched. O, s. 26.

Application of Part

(2) Without restricting the scope of this Part, this Part applies to projects including,

(a) the underground mining of minerals, excluding natural gas, petroleum and salt by brining method;

(b) the surface mining of metallic minerals;

(c) the surface mining of non-metallic minerals, excluding natural gas, petroleum and aggregate as defined in the Aggregate Resources Act, on land that is not Crown land;

(d) advanced exploration on mining lands. 1996, c. 1, Sched. O, s. 26.

Progressive Rehabilitation

Progressive rehabilitation

139.1  (1)  A proponent shall take all reasonable steps to progressively rehabilitate a site whether or not closure has commenced or a closure plan has been filed. 1996, c. 1, Sched. O, s. 26.

Report required

(2)  A proponent who undertakes progressive rehabilitation of a site without being subject to a closure plan shall complete the rehabilitation work to the appropriate prescribed standard and submit to the Director a report prepared in the prescribed form within 60 days of the completion of the work. 1996, c. 1, Sched. O, s. 26.

Voluntary Rehabilitation

Approval to rehabilitate

139.2  (1)  Any person may apply to the Director for approval to rehabilitate a mine hazard on Crown land or on any other prescribed land. 2007, c. 7, Sched. 22, s. 1.

Application

(2)  An application under subsection (1) must be made in the prescribed manner and must contain,

(a) a description of the land on which the mine hazard is located;

(b) a rehabilitation plan setting out how the rehabilitation will meet the prescribed standards. 2007, c. 7, Sched. 22, s. 1.

Determination of application

(3)  The Director shall review the application and shall determine whether to grant written approval for the rehabilitation of the mine hazard or to reject the application. 2007, c. 7, Sched. 22, s. 1.

Conditions

(4)  The Director may grant approval under subsection (3) subject to any conditions, including conditions that require the applicant to modify the rehabilitation plan. 2007, c. 7, Sched. 22, s. 1.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 139.2 is amended by adding the following subsection:

Aboriginal consultation

(4.1)  In determining whether to grant approval for the rehabilitation of the mine hazard, the Director shall consider whether Aboriginal community consultation has occurred in accordance with any prescribed requirements. 2009, c. 21, s. 56.

See: 2009, c. 21, ss. 56, 102 (2).

Modifying rehabilitation plan

(5)  A person who receives approval under subsection (3) may apply to the Director to modify the rehabilitation plan and if the Director permits the modification, the rehabilitation plan shall be modified accordingly. 2007, c. 7, Sched. 22, s. 1.

Rehabilitation plan

(6)  Nothing in subsection (3) requires a person to rehabilitate the mine hazard, but if the person proceeds with the rehabilitation, the person shall rehabilitate the mine hazard in accordance with the rehabilitation plan. 2007, c. 7, Sched. 22, s. 1.

No orders

(7)  On and after the day that a person begins rehabilitation of a mine hazard pursuant to an approval granted under subsection (3),

(a) no order or direction under section 7, 8, 18, 43 or 157.1 of the Environmental Protection Act or section 16.1, 16.2, 31, 32 or 61 of the Ontario Water Resources Act shall be issued to the person in respect of the land described in the rehabilitation plan; and

(b) no order shall be issued under section 97 of the Environmental Protection Act in respect of a pollutant that spilled on, in or under the lands described in the rehabilitation plan, unless the person conducting the rehabilitation caused or permitted the spill. 2007, c. 7, Sched. 22, s. 1.

Orders before rehabilitation

(8)  Nothing in subsection (7) affects the validity of an order made before the person begins rehabilitation. 2007, c. 7, Sched. 22, s. 1.

Acts or omissions unrelated to rehabilitation

(9)  Despite subsection (7), the orders and directions mentioned in that subsection may be issued to the person in respect of the land described in the rehabilitation plan if the order or direction is in respect of an act or omission of the person that is unrelated to the rehabilitation. 2007, c. 7, Sched. 22, s. 1.

Definitions

(10)  In this section,

“pollutant” has the same meaning as in subsection 91 (1) of Environmental Protection Act; (“polluant”)

“spill” has the same meaning as in subsection 91 (1) of Environmental Protection Act. (“déversement”) 2007, c. 7, Sched. 22, s. 1.

Rehabilitation not in accordance with plan

139.3  (1)  If the Director has reasonable grounds for determining that a person who has begun rehabilitation pursuant to an approval under subsection 139.2 (3) is not conducting the rehabilitation of the mine hazard in accordance with the rehabilitation plan, the Director shall notify the person of the determination and the reasons for it. 2007, c. 7, Sched. 22, s. 1.

Time for response

(2)  The notice referred to in subsection (1) shall specify a day by which a person may respond under subsection (3) or (4). 2007, c. 7, Sched. 22, s. 1.

Request for reconsideration

(3)  A person who receives a notice under subsection (1) may request that the Director reconsider the determination and may make written submissions or submit materials in support of the request, and after considering the request the Director,

(a) shall confirm, modify or revoke the determination; and

(b) may modify the rehabilitation plan. 2007, c. 7, Sched. 22, s. 1.

Application to modify the plan

(4)  In addition to making a request under subsection (3), a person who receives a notice under subsection (1) may apply to the Director to modify the rehabilitation plan, and if the Director permits the modification, the rehabilitation plan shall be modified accordingly. 2007, c. 7, Sched. 22, s. 1.

Order to rehabilitate

(5)  If a person who receives a notice under subsection (1) does not respond under subsection (3) or (4) by the day specified in the notice, the Director may issue an order to the person to rehabilitate the mine hazard in accordance with the rehabilitation plan. 2007, c. 7, Sched. 22, s. 1.

Same

(6)  An order under subsection (5) shall specify a day by which the rehabilitation must be completed. 2007, c. 7, Sched. 22, s. 1.

No appeal

139.4  Any decision made by the Director under section 139.2 or 139.3 is final and is not subject to appeal. 2007, c. 7, Sched. 22, s. 1.

Immunity

139.5  Despite subsection 4 (4), no action or other proceeding shall be brought against the Crown, the Minister or an employee or agent of the Crown for any act or omission arising out of or in relation to the review or approval of a rehabilitation plan under section 139.2 or any modification to the plan. 2007, c. 7, Sched. 22, s. 1.

Advanced Exploration And Mine Production

Advanced exploration

140. (1)No proponent other than a proponent who is subject to a closure plan shall commence or recommence advanced exploration without,

(a) giving notice to the Director in the prescribed form and manner;

(b) giving public notice under subsection (2) at the prescribed time and in the prescribed form and manner, if required by the Director;

(c) filing a certified closure plan with the Director as required under subsection (3); and

(d) receiving a written acknowledgment of receipt for the certified closure plan from the Director. 1996, c. 1, Sched. O, s. 26.

Public notice

(2) Within 45 days after the receipt of the notice under clause (1) (a), the Director may require the proponent to give public notice of the advanced exploration project at the prescribed time and in the prescribed form and manner. 1996, c. 1, Sched. O, s. 26.

Closure plan

(3) The proponent of an advanced exploration project shall file with the Director a closure plan certified in the prescribed form and manner certifying that the plan complies with the prescribed requirements and, if the proponent has been required to give public notice, the proponent shall file the closure plan after giving the public notice. 1996, c. 1, Sched. O, s. 26.

Acknowledgment of receipt

(4) Within 45 days after the filing of the certified closure plan, the Director shall,

(a) acknowledge receipt, in writing, of the closure plan to the proponent; or

(b) return the closure plan for refiling if it does not sufficiently address all of the prescribed reporting requirements for a certified closure plan. 1996, c. 1, Sched. O, s. 26.

Effect of acknowledgment