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 provide such details as the Minister requires, including, (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); 2009, c. 21, s. 45 (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), (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); 2020, c. 34, Sched. 8, s. 6. 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). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 134 (5) - 09/12/1994; 1999, c. 12, Sched. O, s. 38 (1-3) - 30/06/2000 2002, c. 18, Sched. M, s. 6 - 16/12/2002 2009, c. 21, s. 45 (1)
- 01/01/2011; 2009, c. 21, s. 45 (2)
- 28/10/2009 2020, c. 34, Sched. 8, s. 6 - 08/12/2020