jswizzle3737/ontario_laws_and_regs huggingface dataset:
153 (1) The Minister may appoint as mineral development officers such employees of the Ministry as the Minister considers necessary to co-ordinate and expedite communication between the mining industry, the public and affected ministries and agencies of the Government of Ontario.  1996, c. 1, Sched. O, s. 28. Directors (2)  The Minister may appoint one or more officers or employees of the Ministry as Directors of Mine Rehabilitation.  1996, c. 1, Sched. O, s. 28. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 153 (2) of the Act is repealed. (See: 2023, c. 6, s. 21) Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 28 - 30/06/2000; 1999, c. 12, Sched. O, s. 48 (1, 2) - 30/06/2000 2023, c. 6, s. 21, 28 (1) - not in force
153.1  Despite subsection 4 (4), no action or other proceeding shall be brought against the Crown, the Minister or an employee or agent of the Crown for any act or omission arising out of or in relation to the filing, approval, review or acceptance of a closure plan or amendments to a closure plan under this Part or its predecessor.  1996, c. 1, Sched. O, s. 28. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 28 - 30/06/2000 2023, c. 6, s. 28 (1)
- not in force
153.3  (1) A lessee or patentee of mining rights is, unless a contrary intention is shown, liable in respect of the rehabilitation under this Part of all mine hazards on, in or under the lands, regardless of when and by whom the mine hazards were created.  1996, c. 1, Sched. O, s. 28. Note: On a day to be named by proclamation of the Lieutenant Governor, section 153.3 of the Act is amended by adding the following subsection: (See: 2021, c. 34, Sched. 12, s. 8) Recovery permit not contrary intention (1.1) The issuance of a recovery permit does not constitute a contrary intention under subsection (1). 2021, c. 34, Sched. 12, s. 8. When lease expires (2)  This Part continues to apply with respect to a proponent who is a lessee until the earlier of, (a) the day that is two years after the expiry of the lease; and (b) the date the lands that were subject to the lease are re-opened for prospecting, mining claim registration, sale or lease or for any alienation or disposition of the lands under this Act. 1996, c. 1, Sched. O, s. 28; 2017, c. 6, Sched. 2, s. 73. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 28 - 30/06/2000 2017, c. 6, Sched. 2, s. 73 - 10/04/2018 2021, c. 34, Sched. 12, s. 8 - not in force
153.4  (1) If, under this Part, a notice must be given or an order served, they are sufficiently given or served if they are, Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection 153.4 (1) of the Act is amended. (See: 2023, c. 6, s. 23 (1)) (a) delivered personally; (b) sent by mail; (c) sent by courier; (d) sent by facsimile transmission if the original is sent within 15 days of the date on which the facsimile transmission was sent; or (e) given or served in the prescribed manner.  1996, c. 1, Sched. O, s. 28; 1999, c. 12, Sched. O, s. 49 (1). Deemed service (2)  Delivery or service by mail or courier shall be deemed to be made on the fifth day after the day of mailing unless the intended recipient establishes that, acting in good faith, they did not receive the notice or order until a later date for reasons beyond their control.  1996, c. 1, Sched. O, s. 28; 1999, c. 12, Sched. O, s. 49 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection 153.4 (2) of the Act is amended. (See: 2023, c. 6, s. 23 (2)) Where delivery or service made by Ministry (3)  A notice to be given or an order to be served by the Ministry shall be addressed to the intended recipient at the recipient’s last address for service on the Ministry’s records except if facsimile transmission is chosen, in which case the notice or order must be successfully sent to the recipient’s last known facsimile telephone number on the Ministry’s records.  1996, c. 1, Sched. O, s. 28. Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection 153.4 (3) of the Act is amended. (See: 2023, c. 6, s. 23 (3)) Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 28 - 30/06/2000; 1999, c. 12, Sched. O, s. 49 (1, 2) - 30/06/2000 2023, c. 6, s. 23 (1-3)
- not in force
154 (1) In this Part and in section 167.1, “diamond mine” means a mine at which diamonds are produced as part of the output of the mine; (“mine de diamants”) “fiscal year” means fiscal period as defined in section 249.1 of the Income Tax Act (Canada); (“exercice”) “grant from the Crown” includes a patent, lease, licence of occupation, permit or any other form of grant from the Crown; (“concession de la Couronne”) “net value of the output” means, in relation to a diamond mine, the amount determined in accordance with the regulations; (“valeur nette de la production”) “operator”, in respect of a diamond mine, includes, (a) a person who has the right to work a diamond mine and produce diamonds from it, personally or through agents or employees or together with one or more other persons, and (b) a person who has the right to receive a share of the proceeds, the profits or the net value of the output of a diamond mine or who has an interest in a diamond mine, whether as a member of a joint venture, as a member of a partnership, or as a beneficiary of a trust that has the right to work the diamond mine and produce diamonds from it, but does not include any person whose only right or interest is the right to receive royalties; (“exploitant”) “representative of an operator” includes the president, manager, secretary and any other officer, director, agent or representative of an operator. (“représentant d’un exploitant”)  2007, c. 7, Sched. 22, s. 2; 2009, c. 21, s. 64. Output (2) A diamond is considered to be produced as part of the output of a diamond mine if the conditions set out in the regulations are met.  2007, c. 7, Sched. 22, s. 2. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 71 - 27/06/1997 2007, c. 7, Sched. 22, s. 2 - 05/07/2007 2009, c. 21, s. 64 (1-3)
- 28/10/2009
154.1 (1) Every operator of a diamond mine shall, for each fiscal year of the operator, pay to the Crown the amount of the royalty determined under section 154.2 in respect of the net value of the output of the diamond mine for the year that is produced by the operator under the authority of a grant from the Crown.  2007, c. 7, Sched. 22, s. 2. Same (2) The royalty is payable in respect of all diamonds produced after March 22, 2007.  2007, c. 7, Sched. 22, s. 2. When payable (3) An operator shall pay the royalty referred to in subsection (1) by the prescribed date.  2007, c. 7, Sched. 22, s. 2. Royalty reserved to Crown (4) Every grant from the Crown issued after March 22, 2007 is subject to a reserve to the Crown of a royalty as contemplated by subsection (1).  2007, c. 7, Sched. 22, s. 2. No relief (5) Nothing in subsection (4) relieves an operator from the obligation set out in subsection (1).  2007, c. 7, Sched. 22, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 22, s. 2 - 05/07/2007
154.2 (1) Subject to subsection (2), the royalty payable in respect of a diamond mine for a fiscal year of an operator is the lesser of, (a) 13 per cent of the net value of the output of the diamond mine for the year; and (b) the amount determined in accordance with the Table to this section.  2007, c. 7, Sched. 22, s. 2; 2009, c. 21, s. 65 (1). Short years (2) Where a mine is in production for less than 12 months in a fiscal year or a fiscal year of an operator is less than 12 months, each dollar amount in Column 1 of the Table to this section shall be multiplied by one-twelfth times the number of months in the fiscal year that the mine was in production or the number of months in the shortened fiscal year, as the case may be.  2009, c. 21, s. 65 (2). TABLE Item   Column 1   Net value of the output for the year   Column 2   Royalty payable on that portion of the net value of the output 

  1.   on the first $10,000    0 

  2.   on the next portion of the net value up to but not including $5 million   5% 

  3.   on the next portion of the net value up to but not including $10 million   6% 

  4.   on the next portion of the net value up to but not including $15 million   7% 

  5.   on the next portion of the net value up to but not including $20 million   8% 

  6.   on the next portion of the net value up to but not including $25 million   9% 

  7.   on the next portion of the net value up to but not including $30 million   10% 

  8.   on the next portion of the net value up to but not including $35 million   11% 

  9.   on the next portion of the net value up to but not including $40 million   12% 

  10.   on the next portion of the net value up to but not including $45 million   13% 

  11.   on the next portion of the net value   14% 2007, c. 7, Sched. 22, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 22, s. 2 - 05/07/2007 2009, c. 21, s. 65 (1, 2) - 28/10/2009
154.3 (1) The Minister shall examine a return delivered by an operator of a diamond mine under subsection 154.5 (1) and shall, as soon as reasonably possible, send a notice of royalty to the operator setting out the amount of the royalty, interest and penalties, if any, payable in respect of the mine for the fiscal year.  2009, c. 21, s. 66. Revised notice of royalty (2) The Minister may send one or more revised notices of royalty to an operator of a diamond mine setting out the amount of the royalty, interest and penalties, if any, payable for a fiscal year in respect of the mine, (a) at any time within the four-year period after sending the notice under subsection (1); and (b) at any time, if the operator made a fraudulent or negligent misrepresentation in supplying to the Minister information upon which the calculation of the amount of the royalty was based.  2009, c. 21, s. 66. Amount payable (3) The amount of the royalty set out in a notice of royalty or in the most recent revised notice of royalty for the fiscal year shall be considered to be the amount payable on the date prescribed for the purposes of subsection 154.1 (3), and any interest or penalties payable under section 154.4 shall be calculated on that amount and in respect of that date.  2009, c. 21, s. 66. Review of amount of royalty, interest or penalties (4) The amount of the royalty, interest or penalties set out in a notice of royalty or revised notice of royalty may be reviewed in accordance with the procedures set out in the regulations.  2009, c. 21, s. 66. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 22, s. 2 - 05/07/2007 2009, c. 21, s. 66
- 28/10/2009
154.4 An operator shall pay such interest and penalties as are prescribed on late payments of the royalty for a fiscal year.  2007, c. 7, Sched. 22, s. 2; 2009, c. 21, s. 67. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 22, s. 2 - 05/07/2007 2009, c. 21, s. 67
- 28/10/2009
154.5 (1) An operator shall deliver to the Minister such notices, returns and information as are required by the regulations.  2007, c. 7, Sched. 22, s. 2. When return demanded (2) An operator, whether or not liable to pay a royalty under this Part for a fiscal year and whether or not a return has been filed under subsection (1), shall, on demand from the Minister, served personally or by registered mail, file with the Minister a royalty return containing the information required by the regulations for the fiscal year indicated in the demand.  2009, c. 21, s. 68. Form and time (3) Notices, returns and information required under subsection (1) or (2) shall be delivered to the Minister at the prescribed times and in the manner specified by the Minister.  2009, c. 21, s. 68. Time extension for filing returns, etc. (4) The Minister may extend the time for delivering notices, returns and other information required under subsection (1) or (2) before or after the date by which such notice, return or other information is required to be delivered under this Act or the regulations.  2009, c. 21, s. 68. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 22, s. 2 - 05/07/2007 2009, c. 21, s. 68
- 28/10/2009
154.7 (1) Every person employed or formerly employed in the administration or enforcement of this Part and every person who acts or has acted on behalf of the Minister in the administration or enforcement of this Part shall preserve secrecy with respect to all information that comes or came to his or her knowledge in the course of his or her duties and shall not knowingly communicate any of those matters to any other person, except, (a) as may be required in connection with the administration and enforcement of this Part or for use in the development and evaluation of fiscal policy for the Crown; (b) to counsel for the person required by this section to preserve secrecy; (c) with the consent of the person to whom the information or material relates; or (d) to an inspector or investigator designated under the Export and Import of Rough Diamonds Act (Canada) for any purpose relating to the administration or enforcement of that Act, including the confirmation of information contained in an application submitted by an operator of a diamond mine for a Canadian certificate for the export of rough diamonds.  2009, c. 21, s. 70. FIPPA (2) Subsection (1) prevails over the Freedom of Information and Protection of Privacy Act.  2009, c. 21, s. 70. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 22, s. 2 - 05/07/2007 2009, c. 21, s. 70
- 28/10/2009
154.8 An operator of a diamond mine shall ensure that the conditions set out in the regulations are met before any diamonds produced at the mine are removed from the mine or sold.  2007, c. 7, Sched. 22, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 22, s. 2 - 05/07/2007
154.9 (1) The Minister, on behalf of the Crown, may enter into agreements with the Minister of Finance or the Minister of Revenue respecting the administration and enforcement of this Part.  2007, c. 7, Sched. 22, s. 2. Regulations re agreement (2) An agreement entered into under subsection (1) shall be in accordance with any regulations governing the terms of the agreement.  2007, c. 7, Sched. 22, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 22, s. 2 - 05/07/2007 PART IX   STATISTICAL RETURNS Reports
155 (1) For the purposes of tabulation, every owner of a mine shall, on or before the 31st day of March in each year, send to the Minister on the forms provided a report of activities for the preceding year ending on the 31st day of December showing, (a) the nature of the work performed and the sums spent on mining and exploration; (b) the sums allocated for capital expenditures and repairs; (c) the current state of ore reserves; (d) the quantity and value of mineral production; (e) the number of employees; and (f) the revenues and expenses entailed in mining and exploration activities, and the report shall be accompanied by such other information, plans and documents as the Minister requires, including, without limiting the scope of the requirement, information, plans and documents respecting, (g) inventory; (h) fuel and electricity consumed; (i) mining supplies and materials used; (j) non-mining supplies and materials used; (k) mining products, shipments and destinations; (l) non-mining products; (m) production details; and (n) wastes produced.  R.S.O. 1990, c. M.14, s. 155 (1). Monthly or quarterly report (2)  The Minister may require an owner to send monthly or quarterly reports within such times as the Minister specifies.  R.S.O. 1990, c. M.14, s. 155 (2). Bankruptcy, etc. (3)  In the event of the bankruptcy or winding-up of an owner, the trustee or liquidator shall, at the request of the Minister, send the report to the Minister.  R.S.O. 1990, c. M.14, s. 155 (3). Pit or quarry operations (4)  The Minister may require a licensee or permittee operating a pit or quarry under the Aggregate Resources Act to send information to the Minister in accordance with this section, and, where the Minister does so, subsections (1), (2) and (3) apply with necessary modifications.  R.S.O. 1990, c. M.14, s. 155 (4). PART X   Inspections
156 The Minister may appoint any person or class of persons as an inspector, including a geologist employed in the Ministry, and may limit the functions and powers of an inspector in the document making the appointment.  2009, c. 21, s. 71. Section Amendments with date in force (d/m/y) 1997, c. 38, s. 1 (1) - 18/12/1997 2009, c. 21, s. 71
- 28/10/2009
157 The functions of an inspector may include any or all of the following: 1. Gathering information, including geoscience information respecting minerals or other materials or substances occurring on or beneath the surface of the ground, by any means, including by performing technical surveys, taking measurements and taking representative samples for the purpose of testing and analysis. 2. Preparing any reports, maps or data sets as may be required by the Minister or any other employee in the Ministry in the performance of that person’s duties under the Act. 3. Determining the nature and extent of any existing or potential mine hazards on mining lands. 4. Determining if the terms and conditions of licences, leases, exploration plans, permits, closure plans, and any other approvals issued under this Act are being complied with. 5. Determining if any orders issued under this Act are being complied with. 6. Determining if this Act and the regulations are being complied with. 7. Any other functions that may be imposed or required for the administration of this Act.  2009, c. 21, s. 71. Section Amendments with date in force (d/m/y) 1997, c. 38, s. 1 (1) - 18/12/1997 2009, c. 21, s. 71
- 28/10/2009
165 (1) No person shall construct or cause to be constructed a plant for the smelting, roasting, refining or other treatment of ores or minerals that may result in the escape or release into the open air of sulphur, arsenic or other fumes in quantities that may injure trees or other vegetation unless and until the site of the plant has been approved by the Lieutenant Governor in Council.  R.S.O. 1990, c. M.14, s. 165 (1). Offence (2)  Every person who constructs or causes to be constructed a plant for the smelting, roasting, refining or other treatment of ores or minerals without the approval of the Lieutenant Governor in Council and sulphur, arsenic or other fumes escape or are released therefrom into the open air and injure trees or other vegetation is guilty of an offence and on conviction is liable to a fine of not more than $30,000 for every day upon which such fumes escape or are released therefrom into the open air or to imprisonment for a term of not more than one year, or both.  R.S.O. 1990, c. M.14, s. 165 (2); 2009, c. 21, s. 73. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 73
- 28/10/2009
166 Every person who wilfully neglects or refuses to obey any order or award of the Tribunal, except for the payment of money, is, in addition to any other liability, liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or both.  R.S.O. 1990, c. M.14, s. 166; 2009, c. 21, s. 74; 2017, c. 8, Sched. 17, s. 7 (1). Section Amendments with date in force (d/m/y) 2009, c. 21, s. 74
- 28/10/2009 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018
167 (1) Every person who contravenes any provision of Part VII or the regulations made in respect thereto is guilty of an offence and on conviction is liable to a fine of not more than $30,000 for each day on which the offence occurs or continues, or to imprisonment for a term of not more than two years, or both.  R.S.O. 1990, c. M.14, s. 167 (1); 2009, c. 21, s. 75 (1). Failure to comply with order of Director, Tribunal or Minister (2)  Every person who is subject to an order under Part VII and who fails to take all reasonable steps to obey the conditions of the order is guilty of an offence and on conviction is liable to a fine of not more than $30,000 for each day on which the offence occurs or continues, or to imprisonment for a term of not more than two years, or both.  R.S.O. 1990, c. M.14, s. 167 (2); 1996, c. 1, Sched. O, s. 30 (1); 2009, c. 21, s. 75 (2); 2017, c. 8, Sched. 17, s. 7 (22); 2023, c. 6, s. 25 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection 167 (2) of the Act is amended. (See: 2023, c. 6, s. 25 (1)) Application for restraining order (3)  The Director may apply at any time to a judge of the Superior Court of Justice for an order prohibiting advanced exploration, mining or mine production on a site if any person fails to, (a) comply with section 140 or 141 before commencing or recommencing a project; (b) comply with a filed closure plan as required under subsection 143 (1); or (c) submit a material change notice required under subsection 144 (2).  1996, c. 1, Sched. O, s. 30 (2); 2000, c. 26, Sched. M, s. 17. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 167 (3) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 25 (2)) Application for restraining order (3) The Minister may apply at any time to a judge of the Superior Court of Justice for an order prohibiting advanced exploration, mining or mine production on a site if any person fails to, (a) comply with section 140, 141 or 141.1, as the case may be, before commencing or recommencing a project; (b) comply with a term or condition of an order made under subsection 140 (3), 141 (3) or 143 (3); (c) comply with a filed closure plan as required under section 141.2; (d) comply with the requirements of section 143 or 143.1; or (e) submit a notice of material change required under subsection 144 (2). 2023, c. 6, s. 25 (2). (4)-(8) Repealed:  2009, c. 21, s. 75 (3). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 134 (10) - 09/12/1994; 1996, c. 1, Sched. O, s. 30 (1-3) - 30/06/2000 2000, c. 26, Sched. M, s. 17 - 26/12/2000 2009, c. 21, s. 75 (1-3)
- 28/10/2009 2017, c. 8, Sched. 17, s. 7 (22) - 01/04/2018 2023, c. 6, s. 25 (1)
- 21/07/2023; 2023, c. 6, s. 25 (1, 2)
- not in force Offences under Part VIII
168 Every owner of a mine and every licensee or permittee operating a pit or quarry under the Aggregate Resources Act, who contravenes section 155, or who makes a report under that section that is, to the owner’s, licensee’s or permittee’s knowledge, false in any particular, is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for each day on which the offence occurs or is continued.  R.S.O. 1990, c. M.14, s. 168; 2009, c. 21, s. 77. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 77
- 28/10/2009
169 A prosecution for an offence under this Act shall not be commenced more than two years after the later of, (a) the day on which the offence was committed; and (b) the day on which evidence of the offence first came to the attention of an inspector appointed under this Act.  2009, c. 21, s. 78. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 31 - 30/06/2000; 1997, c. 38, s. 1 (3, 4) - 18/12/1997 2009, c. 21, s. 78
- 28/10/2009
170 Except as to offences against section 12, every prosecution for an offence against or for the recovery of a penalty imposed by or under the authority of this Act shall take place before the Ontario Court of Justice, and, save as is herein otherwise provided, the Provincial Offences Act applies to every such prosecution.  R.S.O. 1990, c. M.14, s. 170; 2000, c. 26, Sched. M, s. 14; 2017, c. 8, Sched. 17, s. 7 (23). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. M, s. 14 - 26/12/2000 2017, c. 8, Sched. 17, s. 7 (23) - 01/04/2018 PART XII   GENERAL PROVISIONS Aboriginal Consultation – Dispute Resolution
170.1 (1) The Minister may designate one or more individuals, or a body, to hear and consider disputes arising under this Act relating to consultation with Aboriginal communities, Aboriginal or treaty rights or to the assertion of Aboriginal or treaty rights, including disputes that may occur, (a) in relation to decisions on the issue, amendment, renewal or cancellation of, or the terms and conditions imposed on, an exploration permit issued under section 78.3; (b) under paragraph 3 of subsection 140 (1) or paragraph 3 of subsection 141 (1); and (c) in any other prescribed circumstance.  2009, c. 21, s. 79; 2022, c. 2, Sched. 10, s. 3. Same (2) The individuals or body designated under subsection (1) shall hear and consider the dispute, in accordance with any requirements set out in the regulations, and shall make a report to the Minister setting out recommendations.  2009, c. 21, s. 79. Minister’s powers (3) After considering the report and recommendations made, the Minister may, (a) confirm, vary or rescind a decision in respect of an exploration permit issued under section 78.3; (b) provide such further direction or support as he or she considers appropriate respecting any consultation undertaken for the purpose of paragraph 3 of subsection 140 (1) or paragraph 3 of subsection 141 (1); or (c) take any actions that he or she considers appropriate in the circumstances.  2009, c. 21, s. 79; 2023, c. 6, s. 26. Notice of decision (4) The Minister shall provide written notice, with reasons, to the parties to the dispute resolution process of anything done or decided by the Minister under subsection (3).  2009, c. 21, s. 79. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 79
- 01/11/2012 2022, c. 2, Sched. 10, s. 3 - 03/03/2022 2023, c. 6, s. 26 (1, 2)
- 21/07/2023 Lien for Wages
171 (1) Except as provided in this Act, the Construction Act applies to mines, mining claims, mining lands and connected works. 2017, c. 24, s. 78 (1). Registration of lien (2)  Where the lands and mining rights have not been patented, the registration provided for in the Construction Act shall be in the office of the recorder.  R.S.O. 1990, c. M.14, s. 171 (2); 2017, c. 24, s. 78 (2). Lien where claim for wages (3)  When the claim is for wages in connection with a mine, mining claim, mining lands or works connected therewith, in addition to the rights and remedies afforded by the Construction Act, the claimant has a lien upon any other property of the owner in or on such mine, mining claim, mining land or works for a sum not exceeding thirty days wages, and this claim may be enforced under that Act.  R.S.O. 1990, c. M.14, s. 171 (3); 2017, c. 24, s. 78 (2). Cancellation of claim (4)  When the Tribunal is satisfied that a claim for lien recorded as provided in this section is not made in good faith or is made for some improper purpose or where the owner is unduly embarrassed thereby, the Tribunal may make an order cancelling the lien upon such terms as to security or otherwise as it deems proper.  R.S.O. 1990, c. M.14, s. 171 (4); 2017, c. 8, Sched. 17, s. 7 (1, 24). Lien on unpatented lands (5)  A lien upon unpatented land does not affect the rights of the Crown.  R.S.O. 1990, c. M.14, s. 171 (5). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 17, s. 7 (1, 24) - 01/04/2018 2017, c. 24, s. 78 (1, 2) - 01/07/2018 172 Repealed:  1999, c. 12, Sched. O, s. 50. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 50 - 30/06/2000 Exploratory Drilling 173 Repealed:  1999, c. 12, Sched. O, s. 50. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 50 - 30/06/2000
174 The Minister, out of the money that is appropriated by the Legislature for the purpose, may establish, maintain and operate assaying and testing laboratories for sampling, assaying, testing, analysing or determining rocks, ores, minerals and other substances.  R.S.O 1990, c. M.14, s. 174. Rights and Easements
177 With the consent of the Lieutenant Governor in Council and on such terms as the Lieutenant Governor in Council sees fit, any company authorized to supply electrical power or energy or compressed air, or both, may from time to time construct, maintain and operate transmission lines, air pipe lines, substations and other conveniences for the transmission of electrical power or energy or compressed air, or both, and for any of such purposes may enter upon, take and use any mining lands or any privilege or easement required by such company for such purposes without the consent of the owner thereof, but subject to the payment of such compensation or annual rent for the privilege or easement required and authorized as is determined by the Lieutenant Governor in Council, and the Lieutenant Governor in Council may from time to time revoke or vary the terms upon which any right conferred under this section may be exercised.  R.S.O. 1990, c. M.14, s. 177; 1999, c. 12, Sched. O, s. 53. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 53 - 30/06/2000 Fees and Costs
177.1 (1) The Minister may establish and charge fees in respect of anything that any person or entity is authorized or required to do under this Act.  2009, c. 21, s. 82. Public notice (2) The Minister shall take such steps as are advisable to make the amount of any fee charged publicly available.  2009, c. 21, s. 82. Exempt (3) The power to establish and charge a fee includes the power to exempt a person from paying the fee.  2009, c. 21, s. 82. Non-application (4) Part III of the Legislation Act, 2006 does not apply with respect to the establishment of fees under this section. 2017, c. 6, Sched. 2, s. 77. Section Amendments with date in force (d/m/y) 1997, c. 40, s. 6 - 18/12/1997 2009, c. 21, s. 82
- 28/10/2009 2017, c. 6, Sched. 2, s. 77 - 09/01/2018
178 Where an order is made by the Tribunal or on appeal from the Tribunal’s decision, and it is in the public interest that the order be recorded, and the order would not otherwise be recorded, the Tribunal may direct the recorder to record the order without fee.  R.S.O. 1990, c. M.14, s. 178; 2017, c. 6, Sched. 2, s. 78; 2017, c. 8, Sched. 17, s. 7 (1, 26). Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 2, s. 78 - 09/01/2018; 2017, c. 8, Sched. 17, s. 7 (1, 26) - 01/04/2018
178.1 Where a rent or fee required under this Act is not paid as required by this Act or an order issued under this Act, the cost of recovering the rent or fee may be added to the debt owed to the Crown.  2009, c. 21, s. 83. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 83
- 10/04/2018 Forms
178.2 (1) The Minister may approve forms for any purpose of this Act, specify the procedure for the use of the forms, and require their use for any purpose of this Act, and the forms may provide for such information to be furnished as the Minister may require.  2009, c. 21, s. 84. Prescribed form (2) Despite subsection (1), if a form is prescribed for a purpose, the Minister shall not approve a form for the same purpose.  2009, c. 21, s. 84. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 84
- 28/10/2009 Cancellation of Patents
179 (1) Where a patent or lease of mining lands or mining rights is by proceedings in the Superior Court of Justice at the instance of the Crown repealed or avoided, the lands and mining rights thereupon become and are withdrawn from exploration, discovery, mining claim registration, lease or sale, and every discovery upon and claim to the lands or mining rights and to the mines or minerals on, in or under such lands made or existing at any time before the repeal or avoidance of the patent or lease become and are void, and the lands, mining rights, mines and minerals are thenceforth vested in the Crown freed and discharged of and from every claim.  R.S.O. 1990, c. M.14, s. 179 (1); 2000, c. 26, Sched. M, s. 17; 2009, c. 21, s. 101 (4); 2017, c. 6, Sched. 2, s. 79 (1); 2021, c. 25, Sched. 14, s. 15. Registration of order (2)  The land registrar of the land titles or registry division in which any lands or rights mentioned in a court order made under subsection (1) are situate shall, upon receipt of the order, register it and the order is absolute and conclusive proof of the vesting in the Crown of the lands or rights affected by the order and the vesting in the Crown is not open to attack in any court by reason of the omission of any act or thing leading up to the order repealing or avoiding the patent or lease.  R.S.O. 1990, c. M.14, s. 179 (2). Non-application of certain Acts (3)  Upon registration of the court order in the land registry office, the Registry Act or the Land Titles Act, as the case may be, ceases to apply to the lands or rights affected by the order, and the land registrar shall note that fact in the register.  R.S.O. 1990, c. M.14, s. 179 (3); 2002, c. 18, Sched. M, s. 8. Opening lands for prospecting, etc. (4)  The lands and mining rights vested in the Crown under this section are not open for prospecting, mining claim registration 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. 179 (4); 2009, c. 21, s. 101 (4); 2017, c. 6, Sched. 2, s. 79 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. M, s. 17 - 26/12/2000 2002, c. 18, Sched. M, s. 8 - 16/12/2002 2009, c. 21, s. 101 (4)
- 28/10/2009 2017, c. 6, Sched. 2, s. 79 (1, 2) - 10/04/2018 2021, c. 25, Sched. 14, s. 15 - 03/06/2021 Reversion of Mining Lands to Crown
180 Where a freehold or leasehold interest in mining lands or mining rights reverts, other than by transfer to the Crown, the land or rights may be dealt with as unpatented Crown land.  R.S.O. 1990, c. M.14, s. 180. Vesting of Mining Rights:  Former Canada Company Lands
not at the time, (c) registered as a mining claim, including a mining claim that has lapsed or been abandoned, cancelled or forfeited if the cells related to that claim have not been re-opened for mining claims registration; (c.1) included in a part of a boundary cell that is outside of the limits of any boundary claims registered with respect to the boundary cell; (d) withdrawn, under this Act or any other Act or by order in council or other competent authority, from prospecting, mining claim registration, location or sale or, before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017
comes into force, from staking; or (e) declared before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 comes into force, by any authority referred to in clause (d), to be not open for prospecting, staking or sale as mining claims.  R.S.O. 1990, c. M.14, s. 27; 1996, c. 1, Sched. O, s. 8; 2009, c. 21, s. 101 (1, 4); 2017, c. 6, Sched. 2, s. 13. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 8 - 30/01/1996 2009, c. 21, s. 101 (1, 4) - 28/10/2009 2017, c. 6, Sched. 2, s. 13 (1, 2) - 10/04/2018
pursuant to an appointment fixing the time and place for the hearing.  R.S.O. 1990, c. M.14, s. 113; 2017, c. 8, Sched. 17, s. 7 (1, 14). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 17, s. 7 (1, 14) - 01/04/2018
are liable for, and the owner thereof shall pay, the tax.  R.S.O. 1990, c. M.14, s. 189 (1); 2009, c. 21, s. 90 (1). Same (1.1) Where lands or mining rights described in clause (1) (a) or (c) are not used for mining purposes, and there are no existing mining claims, leases or licences of occupation for the lands, the registered owner of the lands or mining rights may apply to the Minister for an exemption from the tax under this Part and the Minister may grant an exemption taking into account the following criteria: 1. Whether there is evidence satisfactory to the Minister that the lands and mining rights currently are not being used for mining purposes, and that the applicant does not intend to permit their use in future for mining purposes. 2. Whether the lands have provincially significant mineral potential. 3. Whether there are mine hazards or other rehabilitation concerns relating to the lands. 4. The area of the lands. 5. Any other prescribed criteria.  2009, c. 21, s. 90 (2). Change in use (1.2) If an owner of land that has been exempted from tax under subsection (1.1) intends to use the land for mining purposes, the owner shall notify the Minister of the intended change in use of the lands in the prescribed manner and at least the prescribed number of days before the date the lands are first used for mining purposes, and the exemption from tax is revoked on that date.  2009, c. 21, s. 90 (2). Decision of Minister final (1.3) The decision of the Minister under subsection (1.1) or (1.2) is final.  2009, c. 21, s. 90 (2). Exemption from tax (2)  No tax is payable in respect of mining lands or mining rights granted by the Crown by lease or renewal of lease.  R.S.O. 1990, c. M.14, s. 189 (2). Section Amendments with date in force (d/m/y) 2009, c. 21, s. 90 (1)
- 28/10/2009; 2009, c. 21, s. 90 (2)
- 01/01/2011
180.1  Any interest of the Crown in the mining rights relating to the lands described in the indentures recited in The Canada Company’s Lands Act, 1922 is vested in the registered owners of the surface rights of those lands, subject to all registered encumbrances against the surface rights.  1997, c. 38, s. 1 (5). Section Amendments with date in force (d/m/y) 1997, c. 38, s. 1 (5) - 18/12/1997 Default of Co-Owners, etc. Co-ownership
182 (1) The corporation of any municipality in that part of Ontario lying south of the French River, Lake Nipissing and the Mattawa River, wherever minerals are found, may sell or lease, by public auction or otherwise, the right to take minerals found upon or under any roads over which the municipality has jurisdiction, if considered expedient to do so.  2002, c. 17, Sched. F, Table. No sale or lease until after notice (2)  No such sale or lease shall take place until after due notice of the intended by-law has been posted up in six of the most public places in the immediate neighbourhood of such road for at least one month previous to the time fixed for considering the by-law.  R.S.O. 1990, c. M.14, s. 182 (2). Sale or lease not to interfere with public travel (3)  The deed conveyance or lease to the purchaser or lessee under the by-law shall contain a proviso protecting the road for public travel and preventing any user of the granted rights that would interfere with public travel.  R.S.O. 1990, c. M.14, s. 182 (3). In northern part of Province (4)  In the remaining parts of Ontario, the mines, minerals, and mining rights in, on or under all common and public highways and road allowances are vested in the Crown, and may be sold, leased or otherwise disposed of under this Act.  R.S.O. 1990, c. M.14, s. 182 (4). Rights of adjoining landowners (5)  Where a mining location or any mining lands adjoin a common and public highway or road allowance and the mineral vein or deposit thereon extends into or under the highway or road allowance, its owner has the right to lease the mines, minerals and mining rights in, on or under the same, subject to this Act, or where there are mining locations or mining lands on both sides of such highway or road allowance, such rights accrue to the owner or owners on both sides thereof as respects the half of such highway or road allowance adjoining the owner’s or owners’ lands.  R.S.O. 1990, c. M.14, s. 182 (5). Exception (6)  Subsections (4) and (5) do not apply to highways on lands granted before the 1st day of May, 1904 by the Crown under a predecessor of this Act, or in the grant whereof the mines and minerals were not reserved to the Crown.  R.S.O. 1990, c. M.14, s. 182 (6). Patent or lease to protect public travel (7)  The patent or lease of such mines, minerals and mining rights shall contain a proviso protecting the road for public travel and preventing any user of the granted rights that would interfere with public travel unless a road in lieu thereof has been provided and accepted by the municipal corporation having control of the road.  R.S.O. 1990, c. M.14, s. 182 (7). Previously acquired rights preserved (8)  Subsections (4) to (7) do not affect any rights acquired from or any agreement made or entered into with any municipal corporation under this section prior to the 1st day of May, 1904.  R.S.O. 1990, c. M.14, s. 182 (8). Definition (9) In this section, “minerals” includes oil and gas.  2009, c. 21, s. 86. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 54 - 30/06/2000 2002, c. 17, Sched. F, Table - 01/01/2003 2009, c. 21, s. 86
- 28/10/2009 Surrender of Lands
183 (1) The owner, lessee or holder of any mining lands or mining rights granted under this Act or any other Act may surrender such lands or mining rights to the Crown only upon such terms as are acceptable to the Minister, and thereupon the Minister may cause a notice of determination to be filed in the proper land registry office.  R.S.O. 1990, c. M.14, s. 183 (1); 1996, c. 1, Sched. O, s. 34. Holding unpatented mining claims (2) An owner, lessee or holder of any mining lands or mining rights granted under this Act who surrenders their mining lands or mining rights under subsection (1) may file a notice with the recorder indicating that the owner, lessee or holder wishes to hold unpatented mining claims in respect of the lands or part of the lands. 2017, c. 6, Sched. 2, s. 80. Registering unpatented mining claims (3) Where a notice has been filed under subsection (2), a recorder shall register or cause to be registered, in such manner and time as are prescribed, unpatented mining claims to be held by the owner, lessee or holder with respect to the lands or part of the lands. 2017, c. 6, Sched. 2, s. 80. Prospecting, etc., on surrendered lands (4) Mining lands or mining rights surrendered to the Crown under subsection (1) and with respect to which unpatented mining claims are not registered under subsection (3) shall not be open for prospecting, mining claim registration, sale or lease under this Act until a date fixed by the Deputy Minister, notice of which shall be published in The Ontario Gazette at least two weeks prior to the date. 2017, c. 6, Sched. 2, s. 80. (5)  Repealed: 2017, c. 6, Sched. 2, s. 80. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 34 - 30/01/1996; 1999, c. 12, Sched. O, s. 55 - 30/06/2000 2009, c. 21, s. 87, 101 (1, 2, 4) - 28/10/2009 2017, c. 6, Sched. 2, s. 80 - 10/04/2018 Forfeited Lands
185 (1) The Minister may by order revoke, cancel or annul the forfeiture of any mining lands or mining rights under this Act or revoke, cancel or annul the termination of any lease of mining lands under this Act or relieve from forfeiture any unpatented mining claims on such terms and conditions as the Minister considers appropriate.  R.S.O. 1990, c. M.14, s. 185 (1); 1996, c. 1, Sched. O, s. 36. Recording of order (2) If an order under subsection (1) concerns an unpatented mining claim or a licence of occupation, the order shall be noted on the abstract for the claim or licence and recorded in the applicable registry. 2021, c. 25, Sched. 14, s. 16. Registering order in land registry office (3)  Where an order under subsection (1) concerns leases or freehold patents, the Deputy Minister shall cause the order to be registered in the proper land registry office and thereupon the mining lands or mining rights revest in the owner or lessee of the mining lands or mining rights at the time of forfeiture or termination, the owner’s or lessee’s heirs, successors or assigns, subject to any lien, mortgage or charge entered or registered prior to the forfeiture or termination and still outstanding.  R.S.O. 1990, c. M.14, s. 185 (3). Withdrawal of lands from prospecting, etc. (4)  Where application is made for an order under subsection (1), the Minister may direct the mining lands or mining rights described in the application to be withdrawn from prospecting, mining claim registration, sale and lease until the disposition of the application.  R.S.O. 1990, c. M.14, s. 185 (4); 2009, c. 21, s. 101 (4); 2017, c. 6, Sched. 2, s. 82 (2). (5) Repealed: 2020, c. 34, Sched. 8, s. 9. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 36 - 30/01/1996; 1997, c. 40, s. 7 - 18/12/1997 2009, c. 21, s. 88
- 01/01/2011; 2009, c. 21, s. 101 (4)
- 28/10/2009 2017, c. 6, Sched. 2, s. 82 (1-3) - 10/04/2018 2020, c. 34, Sched. 8, s. 9 - 01/02/2022 2021, c. 25, Sched. 14, s. 16 - 01/02/2022 PART XIII   MINING LAND TAX
186 In this Part, “tax” means a tax under this Part.  R.S.O. 1990, c. M.14, s. 186; 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003
187 There shall be paid to the Crown in each year a tax calculated in the prescribed manner for any lands or mining rights to which this Part applies.  2009, c. 21, s. 89. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 89
- 28/10/2009
188 The tax imposed for each year is payable no later than 60 days from the date of the notice of tax payable.  2000, c. 26, Sched. M, s. 15. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. M, s. 15 - 26/12/2000
189 (1) Except as provided in this Part, (a) all lands and mining rights in territory without municipal organization patented under or pursuant to any statute, regulation or law at any time in force authorizing the granting of Crown lands for mining purposes; (b) all land in territory without municipal organization being held or used for mining purposes howsoever patented or alienated from the Crown; (c) all mining rights in, upon or under lands in a municipality patented under or pursuant to any statute, regulation or law at any time in force authorizing the granting of Crown lands for mining purposes; (d) all mining rights in, upon or under land in a municipality and being held or used for mining purposes howsoever patented or alienated from the Crown; and (e) all mining rights howsoever patented or acquired which are severed from or held apart or separate from the surface rights, are liable for, and the owner thereof shall pay, the tax.  R.S.O. 1990, c. M.14, s. 189 (1); 2009, c. 21, s. 90 (1). Same (1.1) Where lands or mining rights described in clause (1) (a) or (c) are not used for mining purposes, and there are no existing mining claims, leases or licences of occupation for the lands, the registered owner of the lands or mining rights may apply to the Minister for an exemption from the tax under this Part and the Minister may grant an exemption taking into account the following criteria: 1. Whether there is evidence satisfactory to the Minister that the lands and mining rights currently are not being used for mining purposes, and that the applicant does not intend to permit their use in future for mining purposes. 2. Whether the lands have provincially significant mineral potential. 3. Whether there are mine hazards or other rehabilitation concerns relating to the lands. 4. The area of the lands. 5. Any other prescribed criteria.  2009, c. 21, s. 90 (2). Change in use (1.2) If an owner of land that has been exempted from tax under subsection (1.1) intends to use the land for mining purposes, the owner shall notify the Minister of the intended change in use of the lands in the prescribed manner and at least the prescribed number of days before the date the lands are first used for mining purposes, and the exemption from tax is revoked on that date.  2009, c. 21, s. 90 (2). Decision of Minister final (1.3) The decision of the Minister under subsection (1.1) or (1.2) is final.  2009, c. 21, s. 90 (2). Exemption from tax (2)  No tax is payable in respect of mining lands or mining rights granted by the Crown by lease or renewal of lease.  R.S.O. 1990, c. M.14, s. 189 (2). Section Amendments with date in force (d/m/y) 2009, c. 21, s. 90 (1)
- 28/10/2009; 2009, c. 21, s. 90 (2)
- 01/01/2011