81 (1) Upon compliance with this Act and the regulations and upon payment of the rent for the first year, the holder of a mining claim is entitled to a lease of the claim.  R.S.O. 1990, c. M.14, s. 81 (1). Application for lease (2) The application and payment for a lease may not be made to a recorder until the applicant, (a) has performed the fifth prescribed unit of assessment work on a mining claim or, if a regulation provides that payment may be made in place of performing some or all assessment work, has made the payment and performed the work as required by the regulation; and (b) has reported any assessment work performed and, if necessary, has received approval for the work. 2009, c. 21, s. 42 (1). Same (2.0.1) The application shall be accompanied by, (a) if a survey is required under section 95 or 96, a plan of survey approved by the Surveyor General; and (b) an agreement or an order of the Tribunal indicating that surface rights compensation, if any, has been paid, secured or settled. 2009, c. 21, s. 42 (1); 2017, c. 8, Sched. 17, s. 7 (1). Resolution of disputes over encumbrances on mining claim (2.1) For the purpose of issuing a lease under this section, the Minister may refer the matter to the Tribunal and the Tribunal shall, upon notice to all interested parties, determine any issues relating to encumbrances or any other right or interest recorded on the abstract of an unpatented mining claim that appears to affect the claim. 2017, c. 6, Sched. 2, s. 58 (1); 2017, c. 8, Sched. 17, s. 8 (3, 6). Term of lease (3)  A lease under this section shall be for a term of twenty-one years at the prescribed rental, payable in advance, for the first year and at the prescribed rate for each subsequent year.  R.S.O. 1990, c. M.14, s. 81 (3). Lease of mining rights (4)  The holder of a mining claim may elect to apply for a lease of the mining rights only.  R.S.O. 1990, c. M.14, s. 81 (4). Rental (5)  Where a lease under this section is for mining rights only, the rental shall be at the prescribed rate for such a lease.  R.S.O. 1990, c. M.14, s. 81 (5). Renewal of lease (6)  Subject to subsections (8) and (10), a lease under this section is renewable for further terms of 21 years.  1999, c. 12, Sched. O, s. 35 (3); 2020, c. 34, Sched. 8, s. 3 (1). Application (6.1)  Application for a renewal shall be made through the mining lands administration system in the 90-day period before the expiry of the lease or such further period as the Minister considers appropriate.  1999, c. 12, Sched. O, s. 35 (3); 2020, c. 34, Sched. 8, s. 3 (2). Date of renewal (6.2)  A lease that is renewed shall date from the day after the expiry of the lease.  1999, c. 12, Sched. O, s. 35 (3). Late renewal (6.3) If an application for renewal is approved after the day the lease expires, (a) until the day before the renewal is approved, the expired lease continues to apply; and (b) on and after the day the renewal is approved, the new lease is deemed to have applied as of the day after the expiry of the previous lease, despite clause (a).  2009, c. 21, s. 42 (3). Renewal lease rental (7)  The annual rental for a renewal lease is the prescribed amount, payable in advance.  R.S.O. 1990, c. M.14, s. 81 (7). Refusal to renew lease (8)  The Minister shall refuse to renew a lease unless, (a) the production of minerals has occurred continuously for more than one year since the issuance or last renewal of the lease; or (b) the lessee has demonstrated to the satisfaction of the Minister a reasonable effort to bring the property into production.  R.S.O. 1990, c. M.14, s. 81 (8). (9)  Repealed: 2017, c. 6, Sched. 2, s. 58 (2). Interest (9.1)  Where payment of the rental under a lease is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid.  1999, c. 12, Sched. O, s. 35 (4). Reduction or waiver of interest owing (9.2) The Minister may reduce or waive the amount of any interest added to rental payments under subsection (9.1).  2002, c. 18, Sched. M, s. 4. Termination of lease for arrears of rent (10)  Where payment of the rental under any such lease is in arrears for two years or more, the lease may be terminated by an instrument in writing.  R.S.O. 1990, c. M.14, s. 81 (10). Notice of termination of lease (11)  Where application for renewal of a lease is not made within the time set out in subsection (6) or where a renewal of a lease is refused under subsection (8) or where a lease has been terminated under subsection (10), the Minister may cause a notice of termination to be registered in the proper land registry office, and the land registrar shall, upon receipt of the notice, duly register it, and thereupon all the interests of the lessee, the lessee’s heirs, executors, administrators and assigns shall be deemed to have ceased and determined, and the lands included in such lease are revested in the Crown freed and discharged from every claim.  R.S.O. 1990, c. M.14, s. 81 (11). Registration of notice of termination (12)  Upon registration of the notice in the proper land registry office, the Land Titles Act or the Registry Act, as the case may be, ceases to apply to the lands, and the land registrar shall note that fact in the register.  R.S.O. 1990, c. M.14, s. 81 (12); 1999, c. 12, Sched. O, s. 35 (5). Lands vested in Crown on termination of lease (13)  When a lease is terminated under this section, the lease and all rights and powers therein contained, as well as all rights and claims of the lessee, the lessee’s heirs, executors, administrators or assigns in or to the lands covered by the lease, cease, and the lands are vested in the Crown, freed and discharged from every claim and are not open for prospecting, mining claim registration, sale or lease under this Act until a date fixed by the Deputy Minister, two weeks’ notice of which shall be published in The Ontario Gazette.  R.S.O. 1990, c. M.14, s. 81 (13); 2009, c. 21, s. 101 (4); 2017, c. 6, Sched. 2, s. 58 (3). Restriction on transfer, etc. (14) A lease, a renewal of a lease or the term or terms that a lease creates shall not be transferred, mortgaged, charged, sublet or made subject to a debenture, unless the lessee applies to the Minister, and the Minister gives his or her written consent to the transaction.  2009, c. 21, s. 42 (4). Disposition of surface rights (15)  Any surface rights reserved in a lease or renewal thereof may be dealt with under the Aggregate Resources Act, or under the Public Lands Act
or the regulations made under those Acts.  R.S.O. 1990, c. M.14, s. 81 (15). (16)-(18) Repealed: 2017, c. 6, Sched. 2, s. 58 (4). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 134 (4) - 09/12/1994; 1997, c. 40, s. 7 - 18/12/1997; 1999, c. 12, Sched. O, s. 35 (1-6) - 30/06/2000 2000, c. 26, Sched. M, s. 12 - 26/12/2000 2002, c. 18, Sched. M, s. 4 - 16/12/2002 2009, c. 21, s. 42 (1)
- 01/04/2013; 2009, c. 21, s. 42 (2-4), 101 (4) - 28/10/2009; 2009, c. 21, s. 42 (5, 6) - 01/11/2012 2017, c. 6, Sched. 2, s. 58 (1-4) - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1, 9) - 01/04/2018; 2017, c. 8, Sched. 17, s. 8 (3, 6) - 10/04/2018 2020, c. 34, Sched. 8, s. 3 (1) - 08/12/2020; 2020, c. 34, Sched. 8, s. 3 (2) - 01/02/2022 Leases issued under particular provisions