184 (1) Where mining lands or mining rights, (a) are forfeited to the Crown under the Corporations Act, the Not-for-Profit Corporations Act, 2010 or the Business Corporations Act, or any predecessor of any of them, or are forfeited to the Crown for any other cause; or (b) have become the property of the Crown by reason of the person last seised thereof or entitled thereto having died intestate and without lawful heirs, the Minister may cause to be registered in the proper land registry office a notice stating that forfeiture has been effected as mentioned in clause (a) or that the lands or mining rights have become the property of the Crown as mentioned in clause (b), as the case may be, and that by reason thereof the lands or mining rights and every interest therein are forfeited to and vested in, or have become the property of, the Crown, absolutely freed and discharged from every estate, right, title, interest, claim or demand therein or thereto, whether existing, arising or accruing before or after such forfeiture or becoming the property of the Crown, and, subject to subsection (2), such lands shall be dealt with under this Act.  R.S.O. 1990, c. M.14, s. 184 (1); 2017, c. 20, Sched. 8, s. 97. Opening forfeited, etc., lands for prospecting, etc. (2)  Mining lands or mining rights except unpatented mining claims so forfeited or that have become the property of the Crown 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. 184 (2); 1996, c. 1, Sched. O, s. 35; 2009, c. 21, s. 101 (4); 2017, c. 6, Sched. 2, s. 81 (1). Mining lands and rights remain forfeited (3)  If a corporation’s mining lands or mining rights are forfeited to the Crown under the Business Corporations Act or a predecessor of that Act upon the dissolution of the corporation and if a notice of forfeiture is registered under subsection (1), (a) the mining lands and mining rights so forfeited are not available, after the third anniversary of the corporation’s dissolution, to satisfy a judgment, order or decision against the corporation, despite clause 242 (1) (c) and subsection 244 (2) of the Business Corporations Act; and (b) despite subsection 241 (5) of the Business Corporations Act, a revival of the corporation under that subsection after the third anniversary of its dissolution does not restore to the corporation the mining lands or mining rights that were forfeited to the Crown, and those mining lands and mining rights remain forfeited to the Crown despite the revival.  1994, c. 27, s. 134 (13). Transfer of forfeited interest (4) If a person co-owns mining lands or mining rights and the person’s interest is forfeited to the Crown, any other co-owner of the mining lands or mining rights may apply to the Minister for a transfer of the forfeited interest, and the Minister may transfer it to the co-owner at the price and on the terms the Minister considers appropriate. 2017, c. 6, Sched. 2, s. 81 (2). Same (5) If all co-owners of the mining lands or mining rights waive their right to apply to the Minister for a transfer of the forfeited interest described in subsection (4), any other person with an interest in the mining lands or mining rights may apply to the Minister for a transfer of the forfeited interest, and the Minister may transfer it to that person at the price and on the terms the Minister considers appropriate. 2017, c. 6, Sched. 2, s. 81 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 134 (13) - 09/12/1994; 1996, c. 1, Sched. O, s. 35 - 30/01/1996 2001, c. 9, Sched. L, s. 6 - 19/07/2001 2009, c. 21, s. 101 (4)
- 28/10/2009 2017, c. 6, Sched. 2, s. 81 (1, 2) - 10/04/2018; 2017, c. 20, Sched. 8, s. 97 - 19/10/2021 Annulment of Forfeiture or Termination of Lease