35.1 (1) In this section, “Northern Ontario” means that part of the province of Ontario lying north of the south shores of the French River, Lake Nipissing and Mattawa River; (“Nord de l’Ontario”) “Southern Ontario” means that part of the province that is not in Northern Ontario. (“Sud de l’Ontario”)  2009, c. 21, s. 15 (1). Southern Ontario (2) In Southern Ontario, for lands where there is a surface rights owner and the mining rights are held by the Crown, the mining rights shall be deemed to be withdrawn from prospecting, mining claim registration, sale and lease as of the day this subsection comes into force.  2009, c. 21, s. 15 (1); 2017, c. 6, Sched. 2, s. 20 (1). Exception (3) Despite subsection (2), any mining claims, mining leases or licences of occupation for mining rights existing on the day this section comes into force shall not be affected by the deemed withdrawal under that subsection and shall remain open for prospecting, sale and lease.  2009, c. 21, s. 15 (1); 2017, c. 6, Sched. 2, s. 20 (2). Reversion to Crown (4) If a mining claim, lease or licence of occupation described in subsection (3) reverts to the Crown by forfeiture, expiry, termination or otherwise, those mining rights shall, upon the reversion to the Crown, be deemed to be withdrawn from prospecting, mining claim registration, sale and lease.  2009, c. 21, s. 15 (1); 2017, c. 6, Sched. 2, s. 20 (3). Application to open lands (5) If mining rights have been deemed withdrawn under subsection (2), a surface rights owner may apply to the Minister for an order opening the mining rights for the lands or any part of them for prospecting, mining claim registration, sale and lease and the Minister may issue the order.  2009, c. 21, s. 15 (1); 2017, c. 6, Sched. 2, s. 20 (4). Relief from forfeiture (6) Subsection (4) does not affect any powers of the recorder or Tribunal to grant relief from forfeiture or to make related orders under section 49, or any powers of the Minister to revoke, cancel or annul a forfeiture or termination under subsection 185 (1).  2009, c. 21, s. 15 (1); 2017, c. 8, Sched. 17, s. 7 (1). Same (7) Where a recorder or Tribunal grants relief from forfeiture under section 49 or where the Minister revokes, cancels or annuls a forfeiture or termination under subsection 185 (1), the mining rights are no longer deemed withdrawn under subsection (4).  2009, c. 21, s. 15 (1); 2017, c. 8, Sched. 17, s. 7 (1). Northern Ontario (8) In Northern Ontario, for lands where there is a surface rights owner and the mining rights are held by the Crown, the Minister may issue an order withdrawing the mining rights from prospecting, mining claim registration, sale and lease upon the surface rights owner applying for the order.  2009, c. 21, s. 15 (2); 2017, c. 6, Sched. 2, s. 20 (5). Factors to consider (9) In deciding whether to issue an order under subsection (8), the Minister shall consider the mineral potential of the lands as assessed by the Minister and any other criteria that may be prescribed.  2009, c. 21, s. 15 (2). Exception (10) Despite subsection (8), any mining claims, mining leases or licences of occupation for mining rights existing on the day the Minister issues an order under that subsection shall not be affected by the order and shall remain open for prospecting, sale and lease.  2009, c. 21, s. 15 (2). Application to open lands (11) If mining rights have been withdrawn by an order under subsection (8), a surface rights owner may apply to the Minister for an order opening the mining rights for the lands or any part of them for prospecting, mining claim registration, sale and lease and the Minister may issue the order.  2009, c. 21, s. 15 (2); 2017, c. 6, Sched. 2, s. 20 (6). Manner of opening (12) If the Minister issues an order opening the mining rights for lands under subsection (5) or (11), the mining rights shall be opened in accordance with the regulations. 2017, c. 6, Sched. 2, s. 20 (7). Not a regulation (13) An order under subsection (8) or (11) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2009, c. 21, s. 15 (2). Section Amendments with date in force (d/m/y) 2009, c. 21, s. 15 (1)
- 28/10/2009; 2009, c. 21, s. 15 (2)
- 01/01/2011 2017, c. 6, Sched. 2, s. 20 (1-7) - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 36 Repealed:  2009, c. 21, s. 16. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 16
- 28/10/2009 37 Repealed:  2009, c. 21, s. 17. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 17
- 01/11/2012 Registration of Mining Claims