Mining Act

1 (1) In this Act, “anniversary date”, when referring to a mining claim, means, (a) with respect to a mining claim that is registered in the mining claims registry under section 38, the date that occurs at annual intervals after the registration of the claim, (b) with respect to a mining claim that was converted from a legacy claim and deemed to be registered as a cell claim or a boundary claim under section 38.2 or converted from a boundary claim and deemed to be registered as a cell claim under section 38.3, the date that was the anniversary date of the legacy claim or the boundary claim immediately before the day of the conversion or such other date as may be determined in accordance with the regulations, (c) the date determined under clause (a) or (b) as adjusted under subsection 64 (5), 67 (2) or 73.1 (3), where applicable, or (d) such other date as may be determined in accordance w…

2 The purpose of this Act is to encourage prospecting, registration of mining claims and exploration for the development of mineral resources to a degree that is consistent with the protection of Ontario’s economy and 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; 2017, c. 6, Sched. 2, s. 2; 2025, c. 4, Sched. 5, s. 2. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 2 - 30/01/1996 2009, c. 21, s. 2 - 28/10/2009 2017, c. 6, Sched. 2, s. 2 - 10/04/2018 2025, c. 4, Sched. 5, s. 2 - 15/10/2025

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

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 in the Ministry or anyone acting under the authority of the Minister or Deputy Minister for any act done in good fa…

4.1 (1) The Minister shall establish and maintain an electronic administration system, to be known as the mining lands administration system, for all or some of the following purposes: 1. Administering public lands for mining purposes and for the purposes of the mineral industry, in a manner that is consistent with subsection 4 (1). 2. Administering this Act with respect to, i. prospectors’ licences, ii. mineral tenure, including mining rights, mining leases, licences of occupation for mining purposes and mining claims, iii. exploration plans and exploration permits, and iv. such other matters concerning mining administration as may be prescribed. 3. Allowing licensees to register mining claims electronically in accordance with section 38. 4. Creating and maintaining the provincial grid to assist in the registration of mining claims and for other mining purposes. 5. Creating and recordin…

5 The Minister may appoint officers or employees in 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; 2025, c. 4, Sched. 5, s. 1. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 3 - 30/06/2000 2025, c. 4, Sched. 5, s. 1 - 15/10/2025

6 (1) The Minister may appoint as many provincial mining recorders as he or she considers advisable from among the officers or employees in the Ministry. 1999, c. 12, Sched. O, s. 3; 2025, c. 4, Sched. 5, s. 1. Jurisdiction of recorder (2) A recorder has jurisdiction throughout Ontario. 1999, c. 12, Sched. O, s. 3. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 3 - 30/06/2000 2025, c. 4, Sched. 5, s. 1 - 15/10/2025

7 (1) The Provincial Recording Office shall maintain the mining claims registry, which shall include, (a) records of all mining claims; (b) maps showing the locations of all mining claims; (c) information about each claim holder as may be prescribed; and (d) for each mining claim, (i) an abstract in which all transfers, assessment work reports, exploration plans, exploration permits, orders, agreements, instruments, notes and other entries relating to the mining claim are recorded, (ii) any assessment work reports, exploration plans and exploration permits relating to the mining claim, and (iii) any orders, agreements, instruments or other documents relating to the mining claim that are in an electronic format. 2021, c. 25, Sched. 14, s. 3. Exception, Minister’s direction (2) Despite subclause (1) (d) (iii), the Minister may, in the Minister’s discretion, direct that certain instruments …

7.1 (1) The Provincial Recording Office shall maintain the licence of occupation registry, which shall include, (a) records of all licences of occupation; (b) maps showing the locations of all lands to which a licence of occupation applies; (c) information about each licence holder as may be prescribed; and (d) for each licence of occupation, (i) an abstract in which all transfers, assessment work reports, exploration plans, exploration permits, orders, agreements, instruments, notes and other entries relating to the licence are recorded, (ii) any assessment work reports, exploration plans and exploration permits relating to the licence, and (iii) any orders, agreements, instruments or other documents relating to the licence that are in an electronic format. 2021, c. 25, Sched. 14, s. 3. Exception, Minister’s direction (2) Despite subclause (1) (d) (iii), the Minister may, in the Ministe…

7.2 (1) The Provincial Recording Office shall maintain the registries, (a) in an electronic format, subject to subsections (2) and (3); and (b) in accordance with the requirements established under the Archives and Recordkeeping Act, 2006. 2021, c. 25, Sched. 14, s. 3. Non-electronic formats (2) The Minister may direct that certain instruments or documents relating to a mining claim or licence of occupation that are received in a format other than an electronic format be maintained as part of the applicable registry in the format in which they are received or in such other format as the Minister directs. 2021, c. 25, Sched. 14, s. 3. Legacy claims, licences of occupation (3) The Provincial Recording Office shall maintain all records, maps, documents or information required under section 7 or 7.1 with respect to legacy claims or to licences of occupation in an electronic format as part of…

8 (1) A recorder may, (a) delete, correct or amend an entry in a registry in accordance with the regulations; (b) delete, correct or amend an entry in a registry because it does not comply with this Act or the regulations; and (c) make entries in a registry with respect to documents received in other than electronic format and delete, correct and amend entries in a registry to reflect such documents. 2021, c. 25, Sched. 14, s. 4. Notice of deletion, etc. (2) A recorder shall notify any affected person in the prescribed manner, if the recorder deletes, corrects, amends or makes an entry in a registry in accordance with subsection (1). 2021, c. 25, Sched. 14, s. 4. Same (3) A recorder may give notice under subsection (2) before or after deleting, correcting, amending or making the entry. 2017, c. 6, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 4 - …

8.1 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. 2017, c. 6, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 2, s. 5 - 10/04/2018

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, a…

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). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 67 (1) - 20/08/2007

11 Repealed: 2009, c. 21, s. 4. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 4 - 28/10/2009

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).

13 Every 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; 2017, c. 6, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 2, s. 6 - 09/01/2018

14 Repealed: 1999, c. 12, Sched. O, s. 7. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 7 - 30/06/2000 Posting, filing and service

15 (1) A notice, order or document to be posted or filed under this Act, except under section 92 or a provision in Part IV, shall be posted in such place and manner as the Minister directs or filed in such manner as the Minister directs. 2017, c. 6, Sched. 2, s. 7. Service (2) Any notice, order or document relating to a licensee or claim holder is sufficiently served upon the licensee or claim holder if delivered or sent by mail to their address for service as shown in the mining lands administration system. 2017, c. 6, Sched. 2, s. 7. Same (3) Where service is made by mail under subsection (2) it is deemed to have been made on the fifth day after the day of mailing. 2017, c. 6, Sched. 2, s. 7. Change of address (4) A licensee or claim holder shall update the mining lands administration system with respect to any change of address for service. 2017, c. 6, Sched. 2, s. 7. Section Amendmen…

16 Any document required or permitted to be filed or recorded under this Act that is received at an office specified in a notice issued by the Minister after 4:30 p.m. local time where the office specified in the notice is located is deemed to have been received on the next day that the office is open for business. 2017, c. 6, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 8 - 30/06/2000 2017, c. 6, Sched. 2, s. 7 - 10/04/2018

17 Repealed: 2017, c. 6, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 8 - 30/06/2000 2009, c. 21, s. 5 - 04/04/2011 2017, c. 6, Sched. 2, s. 7 - 10/04/2018

18 No person shall, without a prospector’s licence, do any of the following with respect to land that has not been registered as part of a mining claim and for which the mining rights are held by the Crown: 1. Prospect. 2. Register a mining claim. 2017, c. 6, Sched. 2, s. 8. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 9 - 30/06/2000 2009, c. 21, s. 6 - 01/11/2012 2017, c. 6, Sched. 2, s. 8 - 10/04/2018

19 (1) Any person who is 18 years or older may obtain a prospector’s licence online through the mining lands administration system if the person has successfully completed the prescribed Mining Act awareness program within 60 days before the day he or she accesses the system to obtain the licence. 2017, c. 6, Sched. 2, s. 9 (1). Term of licence (2) A licence shall be effective as of the date it is obtained online and shall expire on the day before the fifth anniversary of that date. 2017, c. 6, Sched. 2, s. 9 (1). (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). (5)-(8) Repealed: 2017, c. 6, Sched. 2, s. 9 (2). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 5 (1, 2) - 30/01/1996; 1997, c. 40, s. 7 - 18/12/1997; 1999, c. 12, Sched. O, s. 10 - 30/06/2000 2002, c. 18, Sched. M, s. …

20 Every prospector’s licence shall be numbered. 1999, c. 12, Sched. O, s. 11. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 11 - 30/06/2000

21 (1) At any time within the 60-day period that precedes the expiry of a licence, the licensee may obtain a renewal of the licence online through the mining lands administration system if the licensee has successfully completed the prescribed Mining Act awareness program within that 60-day period. 2017, c. 6, Sched. 2, s. 10. Notice of expiration of licence (2) Notice of the expiration of a licence shall be given to the holder of the licence electronically through the mining lands administration system not later than 60 days before the expiry date. 2017, c. 6, Sched. 2, s. 10. Term of renewal (3) A renewed licence shall be effective immediately after the day the previous licence expires and shall expire on the day before the fifth anniversary of the day it became effective. 2017, c. 6, Sched. 2, s. 10. Lifetime renewal after 25 years (4) Despite subsection (3), a renewed licence shall b…

22 If a prospector’s licence is accidentally destroyed or lost, the licensee may obtain a duplicate of the licence online through the mining lands administration system. 2017, c. 6, Sched. 2, s. 11. Section Amendments with date in force (d/m/y) 1997, c. 40, s. 7 - 18/12/1997 2009, c. 21, s. 9 - 28/10/2009 2017, c. 6, Sched. 2, s. 11 - 10/04/2018

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). Section Amendments with date in force (d/m/y) 2009, c. 21, s. 10 (1, 2) - 28/10/2009

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. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 7 - 30/01/1996; 1997, c. 40, s. 7 - 18/12/1997 2009, c. 21, s. 11 - 28/10/2009

26 (1) Where the Tribunal 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 Tribunal, 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); 2017, c. 8, Sched. 17, s. 7 (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 r…

26.1 (1) Despite the Statutory Powers Procedure Act, the Minister may, without prior notice or hearing, make one or more of the following orders if, in the Minister’s opinion, the order is desirable for the protection of the strategic national mineral supply chain: 1. An order that the account of a mining lands administration system user be suspended or restricted for such period as is specified in the order or be terminated. 2. An order prohibiting a person from registering as a user on the mining lands administration system. 3. An order prohibiting a person from obtaining a prospector’s licence. 4. An order terminating a prospector’s licence. 2025, c. 4, Sched. 5, s. 4. Factors to consider (2) In making a determination for the purposes of subsection (1), the Minister shall consider the following factors: 1. Any risk assessment provided by the Ministry of the Solicitor General. 2. The e…

PART II MINING CLAIMS

Lands Open

27 Except where otherwise provided, the holder of a prospector’s licence may prospect for minerals and register 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) registered as a mining claim, including a mining claim that has lapsed or been abandoned, cancelled or forfeited if the cells related to that claim have not been re-opened for mining claims registration; (c.1) included in a part of a boundary cell that is outside of the limits of any boundary claims registered with respect to the boundary cell; (d) withdrawn, under this Act or any other Act or by order in council or other competent authority, from prospecting, mining claim registration, location or sale or, before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 comes into force, from staking; or (e) declared before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 comes into force, by any authority referred to in clause (d), to be not open for prospecting, staking or sale as m…

28 (1) A licensee may register 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); 2017, c. 6, Sched. 2, s. 14 (1). Application under other Act (2) A licensee may register 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); 2017, c. 6, Sched. 2, s. 14 (2). Priority of application (3) If an applicant is specifically requesting to acquire minerals or rights in an application accepted…

Restricted Lands

29 (1) No mining claim shall be registered 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 i…

30 No mining claim shall be registered 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…

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 registration 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); 2017, c. 6, Sched. 2, s. 17. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 134 (2) - 01/09/1990 2006, c. 12, s. 63 - 04/09/2007 2009, c. 21, s. 101 (4) - 28/10/2009 2017, c. 6, Sched. 2, s. 17 - 10/04/2018

32 Repealed: 2009, c. 21, s. 13. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 13 - 01/04/2013

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 metres in width shall be reserved on both sides of the water, together with such additional area of land as a recorder or the Tribunal considers necessary for the development and utilization of the water power. 1999, c. 12, Sched. O, s. 13; 2017, c. 8, Sched. 17, s. 7 (1). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 13 - 30/06/2000 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018

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 of Transportation. 1999, c. 12, Sched. O, s. 13; 2017, c. 6, Sched. 2, s. 18. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 13 - 30/06/2000 2017, c. 6, Sched. 2, s. 18 - 10/04/2018

35 (1) The Minister may, by order signed by him or her, withdraw from prospecting, mining claim registration, 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); 2017, c. 6, Sched. 2, s. 19 (1). 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 …

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, mining claim registration, sale and lease as of the day this subsection comes into force. 2009, c. 21, s. 15 (1); 2017, c. 6, Sched. 2, s. 20 (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 s…

36 Repealed: 2009, c. 21, s. 16. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 16 - 28/10/2009

37 Repealed: 2009, c. 21, s. 17. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 17 - 01/11/2012

Registration of Mining Claims

38 (1) Subject to clauses 38.2 (7) (c) and 38.3 (4) (c) and subsection 38.5 (3), all mining claims shall be registered in accordance with this section. 2017, c. 6, Sched. 2, s. 22. Registration by licensee (2) A licensee who wishes to register a mining claim shall do so in accordance with the following procedures: 1. Access the mining lands administration system and register a cell claim electronically by identifying the cells on the provincial grid that are to be included in the claim and follow the directives established by the Minister under subsection 4.1 (2). 2. Follow such other rules or procedures as may be prescribed. 2017, c. 6, Sched. 2, s. 22. Single and multi-cell claims (3) A licensee may register a cell claim in relation to, (a) a single cell on the provincial grid that is not a boundary cell; or (b) two or more cells on the provincial grid that are not boundary cells, subj…

38.1 (1) All legacy claims shall be delineated on the provincial grid in accordance with subsections (2), (3) and (4) and then converted, in accordance with section 38.2, to mining claims registered in the mining claims registry. 2017, c. 6, Sched. 2, s. 22. Determination of legacy claim location (2) For the purpose of delineating a legacy claim on the provincial grid, a recorder shall, (a) gather information as to the precise location of the boundaries of the legacy claim using the best available information including, (i) the information that was filed with the application to record the legacy claim made under section 44 of this Act, as that section read before the day section 26 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 came into force, and (ii) information gathered by means of inspections, Global Positioning System geo-referencing data, surveys or ot…

38.2 (1) In this section, “conversion date” means the day set by the Minister by regulation for the purposes of this section. 2017, c. 6, Sched. 2, s. 22. Conversion (2) Subject to the regulations, on the conversion date, all legacy claims are converted, in accordance with the following rules, to mining claims registered in the mining claims registry: 1. If, immediately before the conversion date, a legacy claim as delineated under section 38.1 includes an entire cell on the provincial grid, the portion of the legacy claim corresponding to the cell is converted to a separate cell claim for the entire cell. 2. If, immediately before the conversion date, a legacy claim as delineated under section 38.1 includes a part of a cell on the provincial grid, the portion of the legacy claim delineated in the cell is converted to a separate cell claim for the entire cell, subject to the rules set ou…

38.3 (1) If the conversion of a legacy claim under section 38.2 results in the existence of one or more boundary claims, each boundary claim continues indefinitely until it is converted to a cell claim in accordance with subsection (2) or (3), so long as the claim holder continues to comply with the requirements of this Act. 2017, c. 6, Sched. 2, s. 22. Change of boundary claim upon forfeiture, etc. (2) If a boundary claim is forfeited, abandoned or cancelled, and there remains only one boundary claim within the boundary cell, then, on the day of the forfeiture, abandonment or cancellation, (a) the cell is no longer a boundary cell for purposes of this Act; and (b) the remaining boundary claim becomes a single cell claim for the entire cell. 2017, c. 6, Sched. 2, s. 22. Election to merge boundary claims (3) If two or more boundary claims are registered with respect to a cell on the provi…

38.4 (1) No cause of action arises against the Crown, a member or former member of the Executive Council or an employee or agent or former employee or agent of the Crown as a direct or indirect result of any of the following: 1. The delineation of a legacy claim on the provincial grid pursuant to section 38.1 or any boundary adjustments made by a recorder to delineate a legacy claim on the grid under that section, or anything done or not done in accordance with the delineation of the claim or adjustment of its boundaries or regulations made in respect of the delineation or adjustment. 2. The conversion of a legacy claim into a cell claim or boundary claim under section 38.2 or regulations made in respect of the conversion of legacy claims. 3. The entry on the abstract for cell claims under section 38.2 of agreements, liens, orders and other documents that are recorded on the abstract for…

38.5 (1) Despite section 38, after the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 comes into force, a recorder, the Tribunal or a court, as the case may be, may order that the Ministry register a mining claim on behalf of a licensee in accordance with the procedures referred to in subsection 38 (2) if all of the circumstances described in subsection (2) are met. 2017, c. 6, Sched. 2, s. 22; 2017, c. 8, Sched. 17, s. 8 (3). Time of order (2) An order may be made under subsection (1) if, (a) before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 comes into force, (i) the licensee staked a mining claim in accordance with section 38, as that section read before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 comes into force, and applied to a recorder …

38.6 A cell claim may be amalgamated with other cell claims in accordance with the regulations. 2017, c. 6, Sched. 2, s. 22. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 2, s. 22 - 08/02/2018

39 (1) Where the Minister certifies that land is suitable for disposition for agricultural purposes, a mining claim registered on the land does not give the claim holder any right, title or interest in or to the surface rights. 2017, c. 6, Sched. 2, s. 23. 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). Section Amendments with date in force (d/m/y) 2017, c.…

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 (…

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. Terminat…

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 li…

42 Repealed: 2017, c. 6, Sched. 2, s. 26. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 11 - 30/01/1996; 1999, c. 12, Sched. O, s. 17 - 30/06/2000 2009, c. 21, s. 20 (1, 2) - 28/10/2009 2017, c. 6, Sched. 2, s. 26 - 10/04/2018

43 Repealed: 2017, c. 6, Sched. 2, s. 26. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. M, s. 5 - 26/12/2000 2009, c. 21, s. 21 (1, 2) - 28/10/2009 2017, c. 6, Sched. 2, s. 26 - 10/04/2018

44 Repealed: 2017, c. 6, Sched. 2, s. 26. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 12 (1, 2) - 30/01/1996; 1997, c. 40, s. 7 - 18/12/1997; 1999, c. 12, Sched. O, s. 18 (1, 2) - 30/06/2000 2009, c. 21, s. 22 - 04/04/2011 2017, c. 6, Sched. 2, s. 26 - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018

45 Repealed: 1999, c. 12, Sched. O, s. 19. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 19 - 30/06/2000

46 (1) If a mining claim is registered in respect of land for which there is a surface rights owner, the recorded claim holder shall, within 60 days after the mining claim is registered, (a) in accordance with the regulations, give confirmation of registration of the mining claim to the surface rights owner and verify that confirmation was given; or (b) apply to a recorder for an order waiving confirmation. 2017, c. 6, Sched. 2, s. 27. 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 registration of the mining claim to the surface rights owner. 2017, c. 6, Sched. 2, s. 27. Claim invalid if no confirmation (3) If the recorded claim holder does not comply with subsection (1) and if no order waiving confirmation is issued under subsection (2), the mining claim becomes invalid 60 days…

46.1 Repealed: 2017, c. 6, Sched. 2, s. 27. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 24 - 04/04/2011 2017, c. 6, Sched. 2, s. 27 - 10/04/2018

47 A recorder or the Tribunal may, after a hearing, cancel the mining claim of a recorded claim holder who knowingly made a false statement, (a) in the application to record the mining claim, with respect to a legacy claim, even after the legacy claim has been converted to a cell claim or a boundary claim; or (b) when providing information in the process of registering the mining claim, with respect to a cell claim. 2017, c. 6, Sched. 2, s. 27; 2017, c. 8, Sched. 17, s. 8 (3). Section Amendments with date in force (d/m/y) 1997, c. 40, s. 7 - 18/12/1997 2009, c. 21, s. 25, 101 (4) - 28/10/2009 2017, c. 6, Sched. 2, s. 27 - 10/04/2018; 2017, c. 8, Sched. 17, s. 8 (3) - 10/04/2018

Disputes

48 (1) A person alleging that a registered mining claim is invalid in whole or in part may file a dispute with a recorder in the prescribed manner and the recorder shall file the dispute and enter a note of the dispute on the abstract of the disputed claim. 2017, c. 6, Sched. 2, s. 28. Same (2) A dispute shall contain the prescribed information and shall be dealt with in accordance with the regulations. 2017, c. 6, Sched. 2, s. 28. When not to be received (3) A dispute that may be filed under this section shall not be filed, nor shall a note of the dispute be entered on the abstract for a mining claim, after any of the following events has occurred: 1. The first anniversary of the registration of the claim. 2. The performance and filing of the first prescribed unit of assessment work and, where necessary, its approval. 3. In the case of a dispute as to the validity of a legacy claim, the…

Administrative Error

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); 2017, c. 6, Sched. 2, s. 29 (1). Previous registration (2) If during the time that a claim referred to in subsection (1) was subject to forfeiture a licensee registered a mining claim for the same cell, a recorder, (a) may make an order with respect to relief from forfeiture, subject to such terms and conditions as the recorder considers appropriate; or (b) may at any time prior to making an order, refer the matter to the Tribunal. 2017, c. 6, Sched. 2, s. 29 (2); 2017, c. 8, Sched. 17, s. 8 (3). Order by Tribunal (3) On a reference under subsection (2), the Tribunal may make such order, subject to such conditions, as the Tribunal considers appropriate. R.S.O. 1990, c. M.14, s.…

Rights of Licensee

50 (1) The registration of a mining claim or the acquisition of any right or interest in a mining claim by any person 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); 2017, c. 6, Sched. 2, s. 30. Surface rights (2) The holder of a mining claim does not have any r…

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). Claim holder not consenting to proposed use or disposition (2) Despite subsection (1), a recorder may, in the circumstances described in subsection (2.1) and if the claim holder does not consent to the proposed disposition under clause (2.1) (a) or disposition or use under clause (2.1) (b), (a) refer the matter to the Tribunal; or (b) upon giving all interested persons at least 90 days notice of a hearing in the prescribed manner and, after hearing any interested persons that appear, make an order on such te…

52 (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. 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 the Minister may impose. 2009, c. 21, s. 30; 2017, c. 6, Sched. 2, s. 32. 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 filed closure plan. 2009, c. 21, s. 30; 2019, c. 14, Sched. 7, s. 2. Sale of end product (3) The end product of mining, milling and ref…