164 (1) Every person who, (a) prospects, explores, occupies or works any Crown lands or mining rights for minerals otherwise than in accordance with this Act; (b) performs or causes to be performed on any Crown lands, or on any lands where the mining rights belong to the Crown, any drilling for the purpose of, (i) locating minerals, except where such Crown lands or mining rights have been registered as a mining claim in accordance with this Act, or (ii) locating oil and gas, except where authorized by an exploration licence or production lease issued in accordance with Part IV of this Act; (c) defaces, alters, removes or disturbs any post, stake, picket, boundary line, figure, writing or other mark lawfully placed, standing or made under this Act; (d) pulls down, injures or defaces any rules or notices posted up by the owner or manager of a mine or plant; (e) obstructs the Tribunal or any officer or inspector appointed under this Act in the execution of their duty; (f) being the owner of a mine, refuses or neglects to furnish to the Tribunal or to any person appointed by the Tribunal or to any officer or inspector appointed under this Act the means necessary for making an entry, inspection, examination or inquiry in relation to a mine under this Act; (g) unlawfully registers a mining claim; (h) acts in contravention of this Act in any particular not otherwise mentioned; (i) contravenes any provision of this Act or any regulation for the contravention of which no other penalty is provided; (j) makes any material change in the wording or numbering of a prospector’s licence after its issue; or (k) attempts to do any of the acts mentioned in clauses (a) to (j) or anything else that is an offence under this Act, is guilty of an offence against this Act and on conviction is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or both.  R.S.O. 1990, c. M.14, s. 164 (1); 1996, c. 1, Sched. O, s. 29; 1997, c. 38, s. 1 (2); 1997, c. 40, s. 4; 2009, c. 21, ss. 72 (1-7), 101 (3); 2017, c. 6, Sched. 2, s. 75 (1, 2); 2017, c. 8, Sched. 17, s. 7 (1, 20, 21). False statements (2) Every person is guilty of an offence and on conviction is liable to a fine of not more than $25,000 who knowingly makes a false statement, (a) in any information entered in or document filed, made or submitted to the mining lands administration system; or (b) in an application, certificate, report, statement or other document filed, made or submitted as required by or under this Act or the regulations. 2017, c. 6, Sched. 2, s. 75 (3); 2019, c. 14, Sched. 7, s. 12. Destruction, etc., of rehabilitation works (3) Every person who alters, destroys, removes or impairs any rehabilitation work made in accordance with this Act or a filed closure plan, or made by the Crown, without the written consent of the Minister, is guilty of an offence and on conviction is liable to a fine of not more than $500,000 or to imprisonment for a term of not more than one year, or both.  2009, c. 21, s. 72 (9). Corporations (4) If a corporation commits an offence under this Act or the regulations, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence.  2009, c. 21, s. 72 (9). Employers and principals (5) In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant acting in the course of employment or agency, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the defendant establishes that the offence was committed without the knowledge or consent of the defendant.  2009, c. 21, s. 72 (9). Same (6) In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by a person in the course of performing any activity related to an exploration plan, exploration permit or other authorization issued to the defendant, whether or not the person is identified or has been prosecuted for the offence, unless the defendant establishes that the offence was committed without the knowledge or consent of the defendant.  2009, c. 21, s. 72 (9). Additional penalties (7) The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may, on its own initiative or on the motion of the prosecutor make one or more of the following orders: 1. An order to increase a fine imposed upon the person by an amount equal to the amount of monetary benefit acquired by, or that accrued to, the person as a result of the commission of the offence, despite the imposition of the maximum fine provided for that offence. 2. An order that the person take such action as the court directs within the time specified in the order to prevent, eliminate or ameliorate damage that results from or is directly or indirectly connected to the commission of the offence and may include in such order the requirement to file an exploration plan, closure plan, or to apply for an exploration permit, as may be appropriate in the circumstances. 3. An order that the person comply with any order, notice, direction, requirement or report made under this Act that results from or is directly or indirectly connected to the commission of the offence.  2009, c. 21, s. 72 (9). Other conditions (8) An order under subsection (7) may contain such other conditions relating to the circumstances of the offence and of the person who committed or contributed to the commission of the offence as the court considers appropriate to prevent similar unlawful conduct or to contribute to rehabilitation of the person.  2009, c. 21, s. 72 (9). Variation of order (9) The court that made an order under subsection (7) may make any changes in or additions to the conditions set out in the order that in the opinion of the court are rendered desirable by a change in circumstances, (a) on its own initiative at any time; or (b) on application by the prosecutor, by the person convicted or by a person authorized under the Law Society Act to represent the person convicted, with notice to the other party, after a hearing or, with the consent of the parties, without a hearing.  2009, c. 21, s. 72 (9). Failure to comply with an order (10) If a person fails to comply with an order made or varied under subsection (7) or (9), the Minister may take such action as he or she considers appropriate to rehabilitate the mining lands, and any cost or expense incurred in the rehabilitation is a debt to the Crown and may be recovered by the Minister in a court of competent jurisdiction in an action against the person.  2009, c. 21, s. 72 (9). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 29 (1-5) - 30/01/1996; 1997, c. 38, s. 1 (2) - 18/12/1997; 1997, c. 40, s. 4 - 18/12/1997 2009, c. 21, s. 72 (1-9), 101 (3) - 28/10/2009 2017, c. 6, Sched. 2, s. 75 (1-3) - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1, 20, 21) - 01/04/2018 2019, c. 14, Sched. 7, s. 12 (1, 2) - 01/04/2021