51 (1) Except as in this Act is otherwise provided, the holder of an unpatented mining claim has the right prior to any subsequent right to the user of the surface rights, except the right to sand, peat and gravel, for prospecting and the efficient exploration, development and operation of the mines, minerals and mining rights.  R.S.O. 1990, c. M.14, s. 51 (1); 2009, c. 21, s. 29 (1). Claim holder not consenting to proposed use or disposition (2) Despite subsection (1), a recorder may, in the circumstances described in subsection (2.1) and if the claim holder does not consent to the proposed disposition under clause (2.1) (a) or disposition or use under clause (2.1) (b), (a) refer the matter to the Tribunal; or (b) upon giving all interested persons at least 90 days notice of a hearing in the prescribed manner and, after hearing any interested persons that appear, make an order on such terms and conditions as the recorder considers appropriate with respect to the claim holder’s consent to the proposed disposition or use. 2017, c. 6, Sched. 2, s. 31 (1); 2017, c. 8, Sched. 17, s. 8 (3). Surface rights required under the Public Lands Act or for public benefit (2.1) Subsection (2) applies where, (a) an application has been made under the Public Lands Act for the disposition of the surface rights in whole or in part; or (b) the surface rights or portions of them are required for developing and operating a public highway, a renewable energy project, a power transmission line or a pipeline for oil, gas or water or for another use that would benefit the public. 2017, c. 6, Sched. 2, s. 31 (1). Where application referred to Tribunal (3) Where a matter is referred to the Tribunal under clause (2) (a), the Tribunal shall, upon giving all interested persons at least 90 days notice of a hearing and, after hearing any interested persons that appear, make an order on such terms and conditions as the Tribunal considers appropriate with respect to the claim holder’s consent to the proposed disposition or use. 2017, c. 6, Sched. 2, s. 31 (1); 2017, c. 8, Sched. 17, s. 8 (3). Minister’s order to restrict part of surface rights (4) Despite subsection (1), the Minister may by order impose restrictions on a mining claim holder’s right to the use of portions of the surface rights of a mining claim if, (a) the portions of the surface rights are on lands that meet the prescribed criteria as sites of Aboriginal cultural significance; or (b) any of the prescribed circumstances apply.  2009, c. 21, s. 29 (2). Same (5) Before making an order under subsection (4), the Minister shall, (a) give the claim holder written notice of the Minister’s intention to make an order under subsection (4), setting out the proposed restrictions and the reasons for making the order; and (b) give the claim holder an opportunity to make representations to the Minister, within 30 days of the date of the notice given under clause (a).  2009, c. 21, s. 29 (2). Minister’s order (6) A Minister’s order under subsection (4) is not appealable and is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2009, c. 21, s. 29 (2); 2017, c. 6, Sched. 2, s. 31 (2). Related changes (7) A recorder shall make any changes to the applicable mining claim abstracts that are necessary to reflect any order made under this section, or any agreement made with the claim holder with respect to the use of surface rights for the purposes of this section.  2009, c. 21, s. 29 (2). Survey of surface rights (8) Where an order is made under this section, or any agreement is made with the claim holder with respect to the use of surface rights for the purposes of this section, the Minister may require a survey of the surface rights or of the portion of them that is affected by the order or agreement, and the survey shall be provided at the expense of the person who has acquired the surface rights or the use of them.  2009, c. 21, s. 29 (2). Section Amendments with date in force (d/m/y) 2009, c. 21, s. 29 (1)
- 28/10/2009; 2009, c. 21, s. 29 (2)
- 01/11/2012 2017, c. 6, Sched. 2, s. 31 (1) - 10/04/2018; 2017, c. 6, Sched. 2, s. 31 (2) - 09/01/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018; 2017, c. 8, Sched. 17, s. 8 (3) - 10/04/2018