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 with the regulations; (“date anniversaire”) “boundary cell” means a cell on the provincial grid, which, as a result of the conversion of legacy claims to mining claims under section 38.2, contains two or more boundary claims; (“cellule mixte”) “boundary claim” means the part or parts of one or more legacy claims that on the conversion date under section 38.2 are located within a single cell on the provincial grid and converted to a boundary claim in accordance with paragraph 3 or 6 of subsection 38.2 (2); (“claim sur cellule mixte”) “cell claim” means a mining claim, other than a boundary claim, relating to all of the land included in one or more cells on the provincial grid, subject to the limitations set out in subsection 38 (5); (“claim sur cellule”) “community based land use plan” has the same meaning as in the Far North Act, 2010; (“plan communautaire d’aménagement du territoire”) “Crown” means Crown in right of Ontario; (“Couronne”) “Crown land” does not include, (a) land, the surface rights, mining rights or the mining and surface rights of which are under lease or licence of occupation from the Crown, (b) land in the actual use or occupation of the Crown, the Crown in right of Canada, or of a department of the Government of Canada or a ministry of the Government of Ontario, (c) land the use of which is withdrawn or set apart or appropriated for a public purpose, or (d) land held by a ministry of the Government of Ontario; (“terre de la Couronne”) “Deputy Minister” means the Deputy Minister of the Ministry; (“sous-ministre”) “Far North” has the same meaning as in the Far North Act, 2010; (“Grand Nord”) “holder”, when referring to the holder of an unpatented mining claim or a licence of occupation issued under this Act, means the holder of record; (“titulaire”) “lease” means a leasehold patent; (“bail”) “legacy claim” means a parcel of land, including land under water, that, before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 comes into force, was staked and recorded as a mining claim, as that term was defined before the day subsection 1 (6) of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 comes into force; (“ancien claim”) “lessee” means a person who holds a lease of mining rights, surface rights, or both, issued under this Act or any predecessor of this Act; (“preneur à bail”) “licence of occupation registry” means the licence of occupation registry described in section 7.1; (“registre des permis d’occupation”) “licensee” means a person holding a prospector’s licence issued under this Act or a renewal thereof; (“titulaire de permis”) “machinery” includes steam and other engines, boilers, compressors, furnaces, milling and crushing apparatus, hoisting and pumping equipment, chains, trucks, tramways, tackle, blocks, ropes and tools, and all appliances used in or about or in connection with a mine or plant; (“machines”) “mine”, when used as a noun, includes, (a) any opening or excavation in, or working of, the ground for the purpose of winning any mineral or mineral bearing substance, (b) all ways, works, machinery, plant, buildings and premises below or above the ground relating to or used in connection with the activity referred to in clause (a), (c) any roasting or smelting furnace, concentrator, mill, work or place used for or in connection with washing, crushing, grinding, sifting, reducing, leaching, roasting, smelting, refining or treating any mineral or mineral bearing substance, or conducting research on them, (d) tailings, wasterock, stockpiles of ore or other material, or any other prescribed substances, or the lands related to any of them, and (e) mines that have been temporarily suspended, rendered inactive, closed out or abandoned, but does not include any prescribed classes of plant, premises or works; (“mine”) “mine”, when used as a verb, means the performance of any work in or about a mine, as defined in its noun sense, except preliminary exploration; (“exploiter”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “mine”, when used as a verb, in subsection 1 (1) of the Act, is amended by adding “or any activity carried out under the authority of a recovery permit issued under section 152.1” at the end. (See: 2021, c. 34, Sched. 12, s. 1) “mine hazard” means any feature of a mine, or any disturbance of the ground, that has not been rehabilitated to the prescribed standard; (“risque minier”) “minerals” means all naturally occurring metallic and non-metallic minerals, including coal, salt, quarry and pit material, gold, silver and all rare and precious minerals and metals, but does not include sand, gravel, peat, gas or oil; (“minéraux”) “mining claim” means a parcel of land, including land under water, on which a mining claim is registered in accordance with subsection 38 (2), or is deemed to have been registered under section 38.2 or 38.3, on or after the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 comes into force, and includes a cell claim and a boundary claim; (“claim”) “mining claims registry” means the mining claims registry described in section 7; (“registre des claims”) “mining lands” includes, (a) the lands and mining rights patented or leased under or by authority of a statute, regulation or order in council, respecting mines, minerals or mining, (b) lands or mining rights that are located, registered as a mining claim or used or intended to be used for mining purposes, and (c) surface rights granted solely for mining purposes; (“terrains miniers”) “mining lands administration system” means the Ministry’s administration system for mining lands as established by the Minister under section 4.1; (“système d’administration des terrains miniers”) “mining rights” means the right to minerals on, in or under any land; (“droits miniers”) “Minister” means, (a) with respect to all provisions in this Act other than those listed in clause (b), the Minister of Mines or such other member of the Executive Council to whom responsibility for the administration of the provisions may be assigned or transferred under the Executive Council Act, and (b) with respect to section 92 and Part IV, the Minister of Natural Resources and Forestry or such other member of the Executive Council to whom responsibility for the administration of the provisions may be assigned or transferred under the Executive Council Act; (“ministre”) “Ministry” means the Ministry of the Minister; (“ministère”) “owner”, when used in Parts VII, IX and XI, includes, (a) every current owner, lessee or occupier of all or part of a mine, mine hazard or mining lands, (b) an agent of the current owner, lessee or occupier, or a person designated by the owner, lessee, occupier or agent as being responsible for the control, management and direction of all or part of a mine, mine hazard or mining lands, and (c) subject to subsections (4) to (13), a secured lender who enters into possession of all or part of a mine, mine hazard or mining lands pursuant to the security it holds with respect to the mine, mine hazard or mining lands; (“propriétaire”) “patent” means a grant from the Crown in fee simple or for a less estate made under the Great Seal, and includes leasehold patents and freehold patents, but in sections 4, 27, 84, 87 to 95, 176, 179, 182 and 189 the meaning is limited to freehold patents; (“lettres patentes”) “prescribed” means prescribed by the regulations; (“prescrit”) “prospecting” means the investigating of, or searching for, minerals; (“prospection”) “provincial grid” means the prescribed digital representation of the province of Ontario, divided into unique cells each measuring 15 seconds latitude by 22.5 seconds longitude; (“grille provinciale”) “recorder” means a provincial mining recorder appointed under section 6; (“registrateur”) “registration” when used in respect of a mining claim, means the registration of the mining claim in accordance with this Act and includes a deemed registration under section 38.2 or 38.3, and related terms such as “register”, “registered” and “registering” have a corresponding meaning; (“inscription”) “registry” means the mining claims registry or the licence of occupation registry, as applicable; (“registre”) “regulations” means the regulations made under this Act; (“règlements”) “surface rights” means every right in land other than the mining rights; (“droits de surface”) “surface rights owner” means, in respect of an area of land, an owner in fee simple of the land, as shown in the appropriate land registry office, who does not own the mining rights for the land; (“propriétaire de droits de surface”) “Tribunal” means the Ontario Land Tribunal; (“Tribunal”) “unpatented”, when referring to land or mining rights, means land or mining rights for which a patent, lease, licence of occupation or any other form of Crown grant is not in effect. (“non concédé par lettres patentes”)  R.S.O. 1990, c. M.14, s. 1; 1996, c. 1, Sched. O, s. 1; 1997, c. 40, s. 1; 1999, c. 12, Sched. O, s. 1 (1, 2); 2001, c. 9, Sched. L, s. 1 (1); 2009, c. 21, ss. 1, 101 (2); 2009, c. 33, Sched. 23, s. 1; 2010, c. 18, s. 23; 2017, c. 6, Sched. 2, s. 1; 2017, c. 8, Sched. 17, s. 7 (2, 3); 2020, c. 34, Sched. 8, s. 1; 2021, c. 4, Sched. 6, s. 62 (1); 2021, c. 25, Sched. 14, s. 1 (1); 2023, c. 6, s. 1 (2, 3). Deemed reference to Provincial Recording Office (2)  In this Act, a reference to “recorder’s office” or “office of the recorder” shall be deemed to be a reference to the Provincial Recording Office.  1999, c. 12, Sched. O, s. 1 (3). Interpretation of “owner” (3) A person who receives only a royalty from all or part of a mine, mine hazard or mining lands is not an owner within the meaning of the definition of “owner” in subsection (1).  2001, c. 9, Sched. L, s. 1 (2). Where secured lender not an “owner” (4) A secured lender described in clause (c) of the definition of “owner” in subsection (1) is not an owner if the lender satisfies the Director of Mine Rehabilitation that the lender is in a family or other non-arm’s length relationship with the current owner, lessee or occupier.  2001, c. 9, Sched. L, s. 1 (2). Same (5) A secured lender described in clause (c) of the definition of “owner” in subsection (1) is not an owner if the lender has entered into possession for the purpose of, (a) conducting, completing or confirming an investigation of the environmental condition of all or part of the mine, mine hazard or mining lands or of the rehabilitative measures that would be required upon their closure; (b) preserving or protecting the value of all or part of the mine, mine hazard or mining lands on an ongoing basis, including taking steps for, (i) maintaining public utility services, heat, maintenance services, security and insurance, (ii) paying taxes or collecting rents, (iii) dealing with an immediate danger to public health or safety from a contaminant, pollutant or other hazardous substance or with a threat of such danger, or (iv) preventing flooding; or (c) repossessing or realizing upon any machinery or personal property with respect to which the lender is a lessor or over which the lender holds security if the Director of Mine Rehabilitation has given prior written approval and subject to any terms and conditions of such approval.  2001, c. 9, Sched. L, s. 1 (2). Exception (6) A secured lender who enters into possession under clause (5) (a) or (b) is nonetheless an owner if the lender creates, materially disturbs or adversely affects a mine hazard.  2001, c. 9, Sched. L, s. 1 (2). Same, failure to carry out purpose properly (7) A secured lender who enters into possession under clause (5) (b) is an owner despite that clause if, in the opinion of the Director of Mine Rehabilitation, the lender fails to properly preserve and protect the value of the mine, mine hazard or mining lands on an ongoing basis, unless, at the request of the lender made with at least six months notice, the Director relieves the lender of that responsibility in writing.  2001, c. 9, Sched. L, s. 1 (2). Liability of secured lender (8) A secured lender who has not been relieved of the responsibility referred to in subsection (7) is liable for damages caused by a failure to properly preserve and protect the value of the mine, mine hazard or mining lands on an ongoing basis.  2001, c. 9, Sched. L, s. 1 (2). Notice (9) Before giving an approval under clause (5) (c), the Director shall give at least 15 days notice to the current owner, lessee, occupier or other person known to have an interest in all or part of the mine, mine hazard or mining lands.  2001, c. 9, Sched. L, s. 1 (2). Condition of approval (10) The Director of Mine Rehabilitation may, as a condition of an approval under clause (5) (c), require that any machinery or personal property repossessed or realized upon be sold or otherwise disposed of by the lender and that all or part of the proceeds be directed to the preservation or protection of the values of all or part of the mine, mine hazard or mining lands.  2001, c. 9, Sched. L, s. 1 (2). Refusal by Director (11) The Director of Mine Rehabilitation may refuse to give an approval under clause (5) (c) if not satisfied that repossessing or realizing upon the machinery or personal property will not adversely affect the proper preservation and protection of the value of all or part of the mine, mine hazard or mining lands.  2001, c. 9, Sched. L, s. 1 (2). Appeal to the Tribunal (12) The secured lender or other interested party may appeal to the Tribunal, (a) an approval given by the Director under clause (5) (c) or a refusal to give an approval under that clause; or (b) any terms or conditions that the Director imposes on an approval given under clause (5) (c).  2001, c. 9, Sched. L, s. 1 (2); 2017, c. 8, Sched. 17, s. 7 (1). Same (13) Section 152 applies with necessary modifications to an appeal under subsection (12).  2001, c. 9, Sched. L, s. 1 (2). Interpretation of recording, record, etc. (14) For greater certainty and unless the contrary intention appears, (a) a reference in this Act or the regulations to the recording of an entry, note, instrument or document is a reference to the entering of the entry, note, instrument or document in a registry; (b) a reference in this Act or the regulations to a recorded right or interest is a reference to a right or interest that has been noted in a registry; and (c) a reference in this Act or the regulations to a recorded claim holder is a reference to the holder of a mining claim registered in the mining claims registry. 2021, c. 25, Sched. 14, s. 1 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by striking out “Director of Mine Rehabilitation” wherever it appears and substituting in each case “Minister”. (See: 2023, c. 6, s. 1 (1)) Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by striking out “the Director” and “the Director’s” wherever they appear and substituting in each case “the Minister” or “the Minister’s” respectively. (See: 2023, c. 6, s. 28 (1)) Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 1 (1-4) - 30/01/1996; 1997, c. 40, s. 1 - 18/12/1997; 1999, c. 12, Sched. O, s. 1 (1-3) - 30/06/2000 2001, c. 9, Sched. L, s. 1 (1, 2) - 19/07/2001 2009, c. 21, s. 1 (1, 2)
- 01/11/2012; 2009, c. 21, s. 1 (3-7), 101 (2) - 28/10/2009; 2009, c. 33, Sched. 23, s. 1 (1, 2) - 15/12/2009 2010, c. 18, s. 23
- 01/11/2012 2017, c. 6, Sched. 2, s. 1 (1, 3, 5, 6, 8) - 10/04/2018; 2017, c. 6, Sched. 2, s. 1 (2, 4, 7, 9-12) - 09/01/2018; 2017, c. 8, Sched. 17, s. 7 (1-3) - 01/04/2018 2020, c. 34, Sched. 8, s. 1 - 08/12/2020 2021, c. 4, Sched. 6, s. 62 (1) - 01/06/2021; 2021, c. 25, Sched. 14, s. 1 (1, 2) - 01/02/2022; 2021, c. 34, Sched. 12, s. 1 - not in force 2023, c. 6, s. 1 (2, 3)
- 21/07/2023; 2023, c. 6, s. 1 (1), 28 (1) - not in force