79 (1) In this section, “surface rights holder” means a person to whom the surface rights of land have been granted, sold, leased or located.  2009, c. 21, s. 41 (2). Right to compensation (2) Where there is a surface rights holder of land or where land is occupied by a person who has made improvements on it that, in the opinion of the Minister, entitles that person to compensation, a person who satisfies the requirements described in subsection (2.1) shall compensate the surface rights holder or the occupant of the land, as the case may be, for damages sustained to the surface rights by the prospecting, exploration activities or mining operations. 2017, c. 6, Sched. 2, s. 55 (1). Same (2.1) For the purposes of subsection (2), a person may be liable to compensate a surface rights holder or the occupant of lands where the person, (a) prospects; (b) is the holder of a mining claim or an exploratory licence of occupation and performs exploration activities; (c) is the holder of a mining licence of occupation or lessee or owner of mining lands and carries on mining operations; or (d) formerly held a mining claim or exploratory licence of occupation that has expired or has been cancelled, abandoned or forfeited and prospected or performed exploration activities in respect of the claim. 2017, c. 6, Sched. 2, s. 55 (1). Right of holder of mining claim, etc., to compensation (3) Every person who damages exploration workings or surveyed boundary markers delineating mining lands shall compensate the holder of the mining claim or the licence of occupation or the owner or lessee of the mining lands, as the case may be, for damages sustained. 2017, c. 6, Sched. 2, s. 55 (2). Determination of compensation by Tribunal (4)  In default of agreement and upon application made by either party, the amount and the time and manner of payment of compensation under subsection (2) or (3) shall be determined by the Tribunal after a hearing and, subject to appeal to the Divisional Court where the amount claimed exceeds $1,000, the Tribunal’s order is final.  R.S.O. 1990, c. M.14, s. 79 (4); 2009, c. 21, s. 41 (4); 2017, c. 8, Sched. 17, s. 7 (1). Prohibiting work pending settlement (5) The Tribunal may order the giving of security for payment of the compensation and may prohibit, pending the determination of the proceeding or until the compensation is paid or secured, prospecting, mining claim registration or working by any person. 2017, c. 6, Sched. 2, s. 55 (3); 2017, c. 8, Sched. 17, s. 8 (3). Lien for compensation (6) The compensation is a special lien upon any mining claim or mining lands, as the case may be, and no prospecting, mining claim registration or performing of work, except by leave of the Tribunal, shall be done by any person after the time fixed for the payment or securing of the compensation, unless the compensation has been paid or secured as directed. 2017, c. 6, Sched. 2, s. 55 (3); 2017, c. 8, Sched. 17, s. 8 (3). Power of Tribunal to vary, etc., order (7)  The Tribunal, on notice to all interested parties and for good cause shown, on such terms as seem just, may by subsequent order or award at any time change, supplement, alter, vary or rescind any order made under this section.  R.S.O. 1990, c. M.14, s. 79 (7); 2017, c. 8, Sched. 17, s. 7 (1). Priorities (8)  In a hearing under subsection (4), the Tribunal shall take into account which of the rights was applied for first and, except where injustice would result, shall give the holder of those rights due priority in the consideration of the dispute between the parties.  R.S.O. 1990, c. M.14, s. 79 (8); 2017, c. 8, Sched. 17, s. 7 (1). Filing of agreement or order in office of recorder (9)  Where unpatented mining claims are affected by an agreement entered into in respect of the compensation referred to in subsection (2), or by an order made under subsection (4), the agreement or a certified copy of the order, as the case may be, may be filed by the person to whom the compensation is payable in the office of the recorder.  R.S.O. 1990, c. M.14, s. 79 (9); 1997, c. 40, s. 7; 2009, c. 21, s. 41 (5). Registration of order or agreement (10)  Where an unpatented mining claim is subsequently leased, the Minister shall cause any agreement or order filed in the recorder’s office under subsection (9) that affects the leased lands to be registered against the lands in the proper land registry office and the person to whom the compensation is payable is entitled to enforce the terms of the agreement or order against the lessee and, subject to the Registry Act and the Land Titles Act, against any subsequent lessee of the land.  R.S.O. 1990, c. M.14, s. 79 (10). Section Amendments with date in force (d/m/y) 1997, c. 40, s. 7 - 18/12/1997 2009, c. 21, s. 41 (1-3)
- 01/11/2012; 2009, c. 21, s. 41 (4, 5), 101 (2-4) - 28/10/2009 2017, c. 6, Sched. 2, s. 55 (1-3) - 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