jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 The purpose of this Act is to encourage prospecting, registration of mining claims 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; 2017, c. 6, Sched. 2, 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
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
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. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 3 - 30/06/2000
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. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 3 - 30/06/2000
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 or documents referred to in that subclause, or certain classes of such instruments or documents, not be included in the mining claim registry. 2021, c. 25, Sched. 14, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 3 - 30/01/1996; 1999, c. 12, Sched. O, s. 4 - 30/06/2000 2009, c. 21, s. 3
- 28/10/2009 2017, c. 6, Sched. 2, s. 4 - 10/04/2018 2021, c. 25, Sched. 14, s. 3 - 01/02/2022
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 Minister’s discretion, direct that certain instruments or documents referred to in that subclause, or certain classes of such instruments or documents, not be included in the licence of occupation registry. 2021, c. 25, Sched. 14, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 14, s. 3 - 01/02/2022
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 the applicable registry, but they may also be maintained, together with other historical information, in other formats as the Minister directs. 2021, c. 25, Sched. 14, s. 3. Public availability (4) The records, maps, documents and information required under section 7 or 7.1 shall be made available to the public, (a) through the mining lands administration system on a website of the Government of Ontario approved for this purpose or through such other means as may be determined with respect to section 7, 7.1 or both in accordance with the regulations; and (b) at the Provincial Recording Office during normal business hours or at such other locations and times as the Minister directs. 2021, c. 25, Sched. 14, s. 3. Exception (5) Despite subsection (4), the instruments and documents referred to in subsection (2) that are maintained as part of a registry shall be made available to the public in the prescribed manner and place, subject to any prescribed conditions. 2021, c. 25, Sched. 14, s. 3. Personal information (6) Any personal information maintained as part of a registry is maintained for the purpose of creating a record that is available to the general public, as described in section 37 of the Freedom of Information and Protection of Privacy Act. 2021, c. 25, Sched. 14, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 14, s. 3 - 01/02/2022
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 - 30/01/1996; 1999, c. 12, Sched. O, s. 5 - 30/06/2000 2009, c. 21, s. 3
- 28/10/2009 2017, c. 6, Sched. 2, s. 5 - 10/04/2018 2021, c. 25, Sched. 14, s. 4 - 01/02/2022
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, 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. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 6 - 30/06/2000
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 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
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. 1 - 16/12/2002 2009, c. 21, s. 7 (1)
- 01/11/2012; 2009, c. 21, s. 7 (2, 3)
- 28/10/2009 2017, c. 6, Sched. 2, s. 9 (1, 2) - 10/04/2018
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 be effective for a term equal to the remainder of the licensee’s life if, at the time of the renewal, the licensee has held a licence for a total of 25 years. 2017, c. 6, Sched. 2, s. 10. Discretionary lifetime renewal (5) Despite subsection (3), the Minister may, whenever a licence is to be renewed, direct that the licence be renewed for a term equal to the remainder of the licensee’s life. 2017, c. 6, Sched. 2, s. 10. No fee for lifetime renewal (6) No fee shall be established or charged under section 177.1 for the lifetime renewal of a licence under subsection (4) or (5). 2017, c. 6, Sched. 2, s. 10. Exception (7) The Minister may, in his or her discretion, waive the requirement for a prospector to complete the prescribed Mining Act awareness program in the case of a lifetime renewal of a licence under subsection (4) or (5). 2017, c. 6, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 6 - 30/01/1996; 1999, c. 12, Sched. O, s. 12 - 30/06/2000 2009, c. 21, s. 8 (1, 2)
- 01/11/2012 2017, c. 6, Sched. 2, s. 10 - 10/04/2018
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
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 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); 2017, c. 6, Sched. 2, s. 13. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 8 - 30/01/1996 2009, c. 21, s. 101 (1, 4) - 28/10/2009 2017, c. 6, Sched. 2, s. 13 (1, 2) - 10/04/2018
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 under the Public Lands Act or any other Act, the application shall have priority over any mining claim registered during the time that the application is pending.  2000, c. 26, Sched. M, s. 2; 2017, c. 6, Sched. 2, s. 14 (3). Addition to mining claim (4) If the application lapses, is withdrawn or is not accepted or approved, a mining claim registered 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; 2017, c. 6, Sched. 2, s. 14 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. M, s. 2 - 26/12/2000 2009, c. 21, s. 101 (1)
- 28/10/2009 2017, c. 6, Sched. 2, s. 14 (1-4) - 10/04/2018 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 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; 2017, c. 6, Sched. 2, s. 15 (1). Where mining claim registered without consent (2) If a registered mining claim includes land described in subsection (1) and the licensee who registered the claim did not obtain the consent of the Minister prior to registering the claim, the Minister, if he or she is satisfied that the failure to obtain prior consent was inadvertent and without knowledge that the claim included lands described in subsection (1), may subsequently provide his or her consent to the registration of the claim and the claim as registered is deemed to include those lands. 2017, c. 6, Sched. 2, s. 15 (2). Land not open for registration without consent of Commission (3) No mining claim shall be registered upon any land transferred to or vested in the Ontario Northland Transportation Commission without the consent of the Commission. 2009, c. 21, s. 12; 2017, c. 6, Sched. 2, s. 15 (3). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 9 - 30/01/1996 2009, c. 21, s. 12
- 01/04/2013 2017, c. 6, Sched. 2, s. 15 (1-3) - 10/04/2018
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 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; 2017, c. 6, Sched. 2, s. 16. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 134 (1) - 01/01/1991 2000, c. 26, Sched. M, s. 3 (1-3) - 26/12/2000 2009, c. 21, s. 12
- 01/04/2013 2017, c. 6, Sched. 2, s. 16 - 10/04/2018
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 criteria as a site of Aboriginal cultural significance; and (b) any other factors that may be prescribed.  2009, c. 21, s. 14 (1). 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). 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, mining claim registration, 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); 2017, c. 6, Sched. 2, s. 19 (2). 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 note the order in the mining lands administration system and may post it on the Internet. 2017, c. 6, Sched. 2, s. 19 (3). (5) Repealed:  2009, c. 21, s. 14 (2). Order not a regulation (6) An order under subsection (1) or (4) 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); 2009, c. 21, s. 14 (3). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 10 - 30/01/1996; 1999, c. 12, Sched. O, s. 14 - 30/06/2000 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2009, c. 21, s. 14 (1-3)
- 01/11/2012 2017, c. 6, Sched. 2, s. 19 (1-3) - 10/04/2018
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, subject to any limitations that may be prescribed or set out in the directives established by the Minister under subsection 4.1 (2). 2017, c. 6, Sched. 2, s. 22. Land included in cell claim (4) A cell claim registered under this Act applies with respect to all the land included in the relevant cells identified on the provincial grid as being part of the claim, subject to subsection (5). 2017, c. 6, Sched. 2, s. 22. Lands not open for registration, cell claims (5) The registration of a cell claim for a cell on the provincial grid that includes land not open for mining claim registration under this Act does not invalidate the claim, but the land that is not open for mining claim registration does not form part of the cell claim. 2017, c. 6, Sched. 2, s. 22. Lands becoming open for registration, cell claims (6) Where land in a cell that was not open for mining claims registration becomes open for mining claims registration and there is a cell claim registered for the cell in good standing, the land in question becomes part of the registered cell claim. 2017, c. 6, Sched. 2, s. 22. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 18
- 28/10/2009 2017, c. 6, Sched. 2, s. 22 - 08/02/2018
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 provincial grid and are all held by the same claim holder, the claim holder may elect, in accordance with the regulations, to merge the boundary claims to a single cell claim for the entire cell and on the day the election is made, (a) the cell is no longer a boundary cell for the purposes of this Act; and (b) the claim holder’s boundary claims for portions of the cell become a single cell claim for the entire cell. 2017, c. 6, Sched. 2, s. 22. Effect of boundary claim changes (4) Where one or more boundary claims become a single cell claim under clause (2) (b) or (3) (b), (a) the holder of the boundary claim or claims, as the case may be, shall be the holder of the cell claim for the entire cell; (b) subject to the regulations, all rights and obligations arising under this Act in respect of the boundary claim or claims continue in respect of the cell claim; (c) the resulting cell claim is deemed to be registered as a cell claim for the purposes of subsection 38 (2); (d) the resulting cell claim applies to the entire cell, subject to the regulations; and (e) the anniversary date of the resulting cell claim shall be determined 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
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 to record the claim, and (ii) the recorder did not record the mining claim referred to in clause (a) but filed the application under subsection 46 (3), as that subsection read before the day section 27 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 comes into force; and (b) on the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017
comes into force, the application under subsection 46 (3) is the subject of a dispute relating to the validity or boundaries of a claim and the dispute is either before the recorder, subject to an appeal or other proceeding before the Tribunal or on appeal from the Tribunal to the courts. 2017, c. 6, Sched. 2, s. 22; 2017, c. 8, Sched. 17, s. 8 (3). Same (3) Where an order is made under subsection (1) to register a mining claim on behalf of a licensee, a cell claim shall be registered for each cell that was included, in whole or in part, in the land staked by the licensee, subject to any determination as to the location of the claim made by the recorder, Tribunal or court and subject to the following rules: 1. No mining claim shall be registered until after the conversion date prescribed under section 38.2. 2. No cell claim shall be registered with respect to a cell if a cell claim was previously registered with respect to that cell either as a result of the conversion of legacy claims under section 38.2 or otherwise. 3. No cell claim shall be registered with respect to a part of a cell that is not open for registration in accordance with subsection 38 (5). 2017, c. 6, Sched. 2, s. 22; 2017, c. 8, Sched. 17, s. 8 (3). Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 2, s. 22 - 08/02/2018; 2017, c. 8, Sched. 17, s. 8 (3) - 01/04/2018
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. 6, Sched. 2, s. 23 - 10/04/2018
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). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 15 - 30/06/2000 Licences of occupation
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. Recording of revocation (5) The revocation of a licence of occupation under subsection (1) shall be recorded in the licence of occupation registry. 2021, c. 25, Sched. 14, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 19
- 28/10/2009 2021, c. 25, Sched. 14, s. 6 - 01/02/2022 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 after the date the mining claim is registered. 2017, c. 6, Sched. 2, s. 27. Cancellation of mining claim (4) If a mining claim becomes invalid under subsection (3), the mining lands administration system shall automatically, (a) cancel the mining claim; (b) make a note of the cancellation on the abstract of the mining claim; and (c) notify the recorded claim holder in writing of the cancellation. 2017, c. 6, Sched. 2, s. 27. Exception, legacy claims (5) The requirement in subsection (1) does not apply with respect to a mining claim that is deemed to be registered as the result of the claim’s conversion from a legacy claim to a cell claim under section 38.2. 2017, c. 6, Sched. 2, s. 27. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 20 - 30/06/2000 2009, c. 21, s. 23 (1, 2) - 01/01/2011 2017, c. 6, Sched. 2, s. 27 - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 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 conversion of the legacy claim under section 38.2. 4. Adjudication upon the validity of the mining claim by a recorder or the Tribunal. 5. The filing of another dispute of the mining claim and its notation on the abstract for the mining claim. 2017, c. 6, Sched. 2, s. 28; 2017, c. 8, Sched. 17, s. 8 (3). Exception (4) Despite paragraphs 4 and 5 of subsection (3), a dispute of a mining claim may be filed under this section even though the validity of the claim has already been adjudicated upon or another dispute has already been filed if, (a) the Tribunal grants leave for the dispute to be filed; and (b) none of the events described in paragraphs 1, 2 or 3 of subsection (3) have occurred. 2017, c. 6, Sched. 2, s. 28; 2017, c. 8, Sched. 17, s. 8 (3). Where assessment work subsequently approved (5) Where a note of a dispute is entered on the abstract for a mining 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 is deemed to have been resolved in favour of the holder or holders of the claim if the assessment work is subsequently approved. 2017, c. 6, Sched. 2, s. 28. Change to abstract of claim (6) Where subsection (5) applies, the recorder shall strike out the note of the dispute entered on the abstract of the claim and notify the disputant of his or her action and the reason for it. 2017, c. 6, Sched. 2, s. 28. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 13 (1, 2) - 30/01/1996; 1997, c. 40, s. 7 - 18/12/1997; 1999, c. 12, Sched. O, s. 21 (1-5) - 30/06/2000 2000, c. 26, Sched. M, s. 6 - 26/12/2000 2009, c. 21, s. 26 (1, 2, 4, 5) - 28/10/2009; 2009, c. 21, s. 26 (3)
- 01/01/2011 2017, c. 6, Sched. 2, s. 28 - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018; 2017, c. 8, Sched. 17, s. 8 (3) - 10/04/2018 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. 49 (3); 2017, c. 8, Sched. 17, s. 7 (1). 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). Section Amendments with date in force (d/m/y) 2009, c. 21, s. 27 (1, 2) - 28/10/2009 2017, c. 6, Sched. 2, s. 29 (1, 2) - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018; 2017, c. 8, Sched. 17, s. 8 (3) - 10/04/2018 Rights of Licensee