jswizzle3737/ontario_laws_and_regs huggingface dataset:
87 (1) Every patent or lease issued under this Act shall contain a reservation for road purposes of 10 per cent of the surface rights of the land granted or leased, as the case may be, and the Crown or its officers or agents may lay out and construct roads where considered proper on the lands so granted or leased.  R.S.O. 1990, c. M.14, s. 87 (1). Reservation of surface rights (2)  Every patent or lease issued under this Act shall contain a reservation of the surface rights on and over any public or colonization road or any highway crossing the land granted or leased at the date of issue of the patent or lease.  R.S.O. 1990, c. M.14, s. 87 (2). Exception (3)  Subsections (1) and (2) do not apply to patents or leases of the mining rights only.  R.S.O. 1990, c. M.14, s. 87 (3). Reservation of land to read as reservation of surface rights (4)  Where a patent or lease has been issued under this Act or any predecessor thereof containing a reservation for road purposes of 5 per cent or of 10 per cent of the lands granted, and the Crown or its officers or agents did not occupy lands under such reservation, prior to the 1st day of May, 1963, for laying out and constructing roads, such reservation shall now read as a reservation of 5 per cent of the surface rights or 10 per cent of the surface rights, as the case may be.  R.S.O. 1990, c. M.14, s. 87 (4).
88 Every patent of Crown lands or mining rights by which it is intended to vest in the patentee the mines and minerals therein or a part thereof or any rights in connection therewith shall state that it was issued under this Act or the former Act under which it was issued.  R.S.O. 1990, c. M.14, s. 88.
89 (1) In a patent or lease of a mining claim, the Minister shall reserve all surface rights and other rights excluded by or withdrawn under this Act or that have otherwise been alienated by the Crown.  R.S.O. 1990, c. M.14, s. 89 (1). Disposition of surface rights (2)  Any surface rights reserved under this section 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. 89 (2).
90 (1) Every patent of Crown lands that purports to be issued under this Act, unless it is otherwise expressly stated, vests in the patentee of the estate thereby granted all title of the Crown in such lands and all mines and minerals therein.  R.S.O. 1990, c. M.14, s. 90 (1). Application of Conveyancing and Law of Property Act (2)  Despite section 19 of the Conveyancing and Law of Property Act, where a patent or lease of a mining claim was or is issued under this Act on or after the 1st day of July, 1914, and the patent or lease reserves the surface rights, section 16 of the Conveyancing and Law of Property Act applies if the surface rights were the property of the Crown and were not applied for or occupied at the time that the mining claim was registered or, if the mining claim was staked and recorded under this Act before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 comes into force, at the time it was staked and recorded.  R.S.O. 1990, c. M.14, s. 90 (2); 2009, c. 21, s. 101 (2); 2017, c. 6, Sched. 2, s. 60. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 101 (2)
- 28/10/2009 2017, c. 6, Sched. 2, s. 60 - 10/04/2018
91 (1) All lands, claims or mining rights patented, leased or otherwise disposed of under this or any other Act or by any authority whatsoever are subject to the condition that all ores or minerals raised or removed therefrom shall be treated and refined in Canada so as to yield refined metal or other product suitable for direct use in the arts without further treatment, in default whereof the Lieutenant Governor in Council may declare the lease, patent or other form of title of such lands, claims or mining rights to be void, and the order in council so declaring shall be registered in the proper land registry office, or in the case of a licence of occupation, filed in the Minister’s office, whereupon such lands, claims or mining rights revert to and become vested in Her Majesty, Her heirs and successors, freed and discharged of any interest or claim of any other person.  R.S.O. 1990, c. M.14, s. 91 (1). Idem (2)  For the purposes of subsection (1), the Minister may determine the stage of refinement at which any mineral substance is refined metal or other product suitable for direct use in the arts without further treatment.  R.S.O. 1990, c. M.14, s. 91 (2). Exemptions (3)  The Lieutenant Governor in Council may exempt any lands, claims or mining rights from the operation of this section for such period of time as seems proper.  R.S.O. 1990, c. M.14, s. 91 (3). Where conflict, section prevails (4)  Where there is any conflict between the provisions of this section and the provisions of any general or special Act, the provisions of this section prevail.  R.S.O, 1990, c. M.14, s. 91 (4).
92 (1) Every patent or lease of Crown lands issued under this Act shall contain a reservation to the Crown of all timber and trees standing, being or hereafter found growing upon the lands thereby granted or leased, and of the right to enter upon such lands to carry on forestry, to cut and remove any timber or trees thereon, and to make necessary roads for such purposes.  R.S.O. 1990, c. M.14, s. 92 (1). Exercise of rights reserved (2)  The rights reserved in subsection (1) may be exercised by any person holding a licence or permit from the Crown when authorized to do so by the Minister.  R.S.O. 1990, c. M.14, s. 92 (2). Ownership of trees remains in Crown (3)  All timber and trees on Crown lands on which a mining claim has been registered remain the property of the Crown, and the Crown may enter upon such lands to carry on forestry, to cut and remove any timber or trees thereon, and to make necessary roads for such purpose.  R.S.O. 1990, c. M.14, s. 92 (3); 2009, c. 21, s. 101 (2); 2017, c. 6, Sched. 2, s. 61 (1). Conditions under which holder, owner or lessee may cut trees (4) Despite subsection (1) and (3) and subject to subsections (5) and (6), the recorded holder of a mining claim registered with respect to Crown lands or the owner or lessee of lands acquired under this Act may cut such trees on those Crown lands or acquired lands as may be necessary for building, fencing or fuel purposes or for any other purpose necessary for the development or working of the minerals thereon. 2017, c. 6, Sched. 2, s. 61 (2). Idem (5)  Where a licence or permit from the Crown to cut timber on the land has not been granted, the recorded holder, owner or lessee may, on application to the Minister, be granted permission to cut and use the trees for the purposes mentioned in subsection (4) either without payment or on such terms and conditions as the Minister imposes.  R.S.O. 1990, c. M.14, s. 92 (5). Idem (6)  Where a licence or permit from the Crown to cut timber on the lands has been granted, the recorded holder, owner or lessee shall compensate the timber licensee or permittee for the trees cut or used by the holder, owner or lessee.  R.S.O. 1990, c. M.14, s. 92 (6). Determination of disputes (7)  Where a dispute arises between the recorded holder, owner or lessee and the timber licensee or permittee as to the value or quantity of the trees cut or used under subsection (6), the Minister shall determine the dispute and his or her decision is final.  R.S.O. 1990, c. M.14, s. 92 (7). Holder, etc., of mining rights not to cut trees (8) This section does not confer upon the recorded holder or the owner or lessee of the mining rights any right to cut trees upon, (a) the lands with respect to which the holder has registered a mining claim; or (b) the lands on which the owner or lessee has acquired only the mining rights. 2017, c. 6, Sched. 2, s. 61 (3). Section Amendments with date in force (d/m/y) 2009, c. 21, s. 101 (2)
- 28/10/2009 2017, c. 6, Sched. 2, s. 61 (1-3) - 10/04/2018
93 Where letters patent, leases, licences or other instruments of title have been issued to or in the name of the wrong person through mistake, or contain any clerical error or misnomer, or a wrong description of the land intended to be granted, the Deputy Minister, if there is no adverse claim and whether or not the land has been registered under the Land Titles Act or the Registry Act, may direct the defective instrument to be cancelled and a correct one to be issued in its stead and the corrected instrument shall relate back to the date of the one so cancelled and has the same effect as if issued on the date of the cancelled instrument.  R.S.O. 1990, c. M.14, s. 93.
94 Where patents, leases, licences or other instruments of title have been issued under this Act for any land or mining rights affected by an annulment under subsection 7 (1) of the Public Lands Act, the Deputy Minister, whether or not the land has been registered under the Land Titles Act
or the Registry Act, may cause such instrument of title to be cancelled and an instrument containing a revised description of the land or mining rights to be issued in its stead, and the corrected instrument shall relate back to the date of the one so cancelled and has the same effect as if issued on the date of the cancelled instrument.  R.S.O. 1990, c. M.14, s. 94. Survey of Claim Surveys
95 (1) Before a lease or licence of occupation of a mining claim in unsurveyed territory is applied for, the claim shall be surveyed by an Ontario land surveyor at the expense of the applicant, but no survey of a mining claim, except a perimeter survey consented to by the Minister under subsection (3), shall be made without the written consent of the recorder.  R.S.O. 1990, c. M.14, s. 95 (1). Prescribed methods of surveying (2)  Subject to the Surveys Act, the prescribed methods and procedures shall be followed in the surveying of mining claims unless the Minister orders otherwise.  R.S.O. 1990, c. M.14, s. 95 (2); 2001, c. 9, Sched. L, s. 4. Perimeter survey (3) Where two or more mining claims in unsurveyed territory are contiguous and are registered in the same name, the Minister may, upon application therefor, consent to a perimeter survey being made of the circumference of the contiguous claims in lieu of a survey under subsection (1). 2017, c. 6, Sched. 2, s. 62 (1). Minister to issue written instructions (4)  Where the Minister consents to a perimeter survey being made under subsection (3), he or she shall issue written instructions prescribing its conduct and filing.  R.S.O. 1990, c. M.14, s. 95 (4). Rental where perimeter survey made (5) Where a perimeter survey is made under subsection (3), the rental shall be computed on the total area of the claims within the perimeter survey. 2017, c. 6, Sched. 2, s. 62 (2). (6) Repealed: 2017, c. 6, Sched. 2, s. 62 (2). Inspection before perimeter survey made (7)  Before a perimeter survey is made, the Minister may order the inspection of the mining claims proposed to be included in the perimeter survey and an inspector or other officer of the Ministry shall prepare and submit to the Minister a report and plan according to the instructions provided by the Minister and the survey shall not be directed to be made unless the Minister is satisfied that the requirements of this Act have been complied with.  R.S.O. 1990, c. M.14, s. 95 (7). Fee (8)  The fee for an inspection under subsection (7) is the amount set by the Minister, payable in advance, and the Minister may require the applicant to provide the inspector with suitable transportation to the location of the claims.  R.S.O. 1990, c. M.14, s. 95 (8); 1997, c. 40, s. 2. Cancellation of work (9)  Where, after a perimeter survey has been made, one or more of the claims within the perimeter survey is cancelled for any reason or where the holder of a recorded interest ceases to be the holder of an undivided interest in the whole, the survey is void, and thereupon the recorder shall cancel the entry on the record and he or she shall also cancel the work recorded on account of the survey.  R.S.O. 1990, c. M.14, s. 95 (9). Section Amendments with date in force (d/m/y) 1997, c. 40, s. 2 - 18/12/1997 2001, c. 9, Sched. L, s. 4 - 19/07/2001 2009, c. 21, s. 47
- 01/11/2012 2017, c. 6, Sched. 2, s. 62 (1, 2) - 10/04/2018
96 Where, upon an application for a lease or licence of occupation of a mining claim in surveyed territory, the Minister is of opinion that a survey is necessary, he or she may direct that a survey thereof be made at the expense of the applicant, and the survey, unless otherwise ordered, shall comply with the same requirements as a survey of a mining claim or the perimeter survey of mining claims in unsurveyed territory.  R.S.O. 1990, c. M.14, s. 96. 97 Repealed: 2017, c. 6, Sched. 2, s. 63. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 101 (2, 4) - 28/10/2009 2017, c. 6, Sched. 2, s. 63 - 10/04/2018 PART III (s. 98) Repealed:  1997, c. 40, s. 3. Section Amendments with date in force (d/m/y) 1997, c. 40, s. 3 - 18/12/1997 PART IV   OIL, GAS, UNDERGROUND STORAGE and salt solution mining 99 Repealed:  2009, c. 21, s. 49. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 40 - 18/12/1998 2000, c. 26, Sched. L, s. 6 (1) - 06/12/2000 2009, c. 21, s. 48, 49
- 28/10/2009
100 The Minister may issue exploration licences for the purposes of exploring and drilling for oil and gas on Crown land.  1998, c. 18, Sched. I, s. 40. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 40 - 18/12/1998
101 The Minister may issue the following types of production leases: 1. Leases for the drilling for and production of oil and gas on Crown land. 2. Leases for the drilling for and production of salt by solution mining on Crown land.  2009, c. 21, s. 50. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 40 - 18/12/1998 2009, c. 21, s. 50
- 28/10/2009
101.1 (1) The Minister may issue storage leases for the temporary storage of hydrocarbons and other prescribed substances in underground formations on Crown land.  2000, c. 26, Sched. L, s. 6 (2). Same (2) A storage lease does not authorize the permanent disposal of any substance.  2000, c. 26, Sched. L, s. 6 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 6 (2) - 06/12/2000
101.2 Despite the definition of “Crown land” in section 1, the Minister may issue an exploration licence, production lease or storage lease under this Part in respect of land that is already subject to a licence or lease under this Part.  2000, c. 26, Sched. L, s. 6 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 6 (2) - 06/12/2000
102 (1) The Minister may make regulations, (a) prescribing other substances for the purpose of section 101.1; (b) respecting the tendering of exploration licence and storage lease rights; (c) respecting the application for and issuance of exploration licences, production leases and storage leases; (d) respecting the terms and conditions of exploration licences, production leases and storage leases; (e) respecting exploration licence, production lease and storage lease rentals, royalties and other payments; (f) respecting minimum exploration licence work requirements; (g) respecting the transfer, assignment, surrender and termination of exploration licences, production leases and storage leases; (h) respecting the disposition or tendering of exploration licence, production lease and storage lease rights on cancellation or termination of an exploration licence, production lease or storage lease.  2000, c. 26, Sched. L, s. 6 (3). Previous regulations (2) The regulations made by the Lieutenant Governor in Council under this section, as it read immediately before this subsection came into force, shall be deemed to have been made by the Minister under subsection (1).  2000, c. 26, Sched. L, s. 6 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 40 - 18/12/1998 2000, c. 26, Sched. L, s. 6 (3) - 06/12/2000 PART V   COMMENCEMENT OF SURFACE MINING OF NON-METALLIC MINERALS
103 (1) A person who proposes to commence the surface mining on Crown land of non-metallic minerals, excluding natural gas, petroleum and aggregate as defined in the Aggregate Resources Act, shall proceed by complying with the requirements of Part II of this Act.  1994, c. 27, s. 134 (6). Same (2)  A person who proposes to commence the surface mining on Crown land of aggregate as defined in the Aggregate Resources Act shall proceed by applying for and obtaining an aggregate permit or a licence under the Aggregate Resources Act and may also obtain a lease from the Crown for the lands affected by complying with the provisions of Part II of this Act.  1994, c. 27, s. 134 (6). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 134 (6) - 09/12/1994
104 Although an aggregate permit or a licence has been obtained under the Aggregate Resources Act, any licensee under this Act may register a mining claim or claims on Crown land affected by the permit or licence, in which case the provisions of this Act apply and any question of property damage shall be determined in the manner set out in section 79.  R.S.O. 1990, c. M.14, s. 104; 2009, c. 21, s. 101 (1); 2017, c. 6, Sched. 2, s. 64. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 101 (1)
- 28/10/2009 2017, c. 6, Sched. 2, s. 64 - 10/04/2018 part vi   ontario land tribunal
105 (1) No action lies and no other proceeding shall be taken in any court as to any matter or thing concerning any right, privilege or interest conferred by or under the authority of this Act, but every claim, question and dispute in respect of the matter or thing shall be determined by the Tribunal except as otherwise provided in section 171 or elsewhere in this Act and except for matters relating to consultation with Aboriginal communities, Aboriginal or treaty rights or to the assertion of Aboriginal or treaty rights.  2009, c. 21, s. 51; 2017, c. 8, Sched. 17, s. 7 (1). Same (2) In the exercise of the power conferred by this section, the Tribunal may make such order or give such directions as it considers necessary to make effective and enforce compliance with its decision.  2009, c. 21, s. 51; 2017, c. 8, Sched. 17, s. 7 (1, 11). Section Amendments with date in force (d/m/y) 2009, c. 21, s. 51
- 28/10/2009; 2017, c. 8, Sched. 17, s. 7 (1, 11) - 01/04/2018
106 (1) The Tribunal has no power or authority to declare forfeited or void or to cancel or annul any Crown patent issued for lands, mining land, mining claims or mining rights, but every action and every proceeding to declare forfeited or void or to cancel or annul any such Crown patent may be brought or taken in the Superior Court of Justice.  R.S.O. 1990, c. M.14, s. 106 (1); 2000, c. 26, Sched. M, s. 17; 2017, c. 8, Sched. 17, s. 7 (1). Where cancellations permitted (2)  Subsection (1) does not apply to cancellations or forfeitures provided for in this Act or in the patent.  R.S.O. 1990, c. M.14, s. 106 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. M, s. 17 - 26/12/2000 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018
107 A party to a proceeding under this Act brought before the Tribunal and involving any right, privilege or interest or in connection with any patented lands, mining lands, mining claims or mining rights, may, at any stage of the proceeding, apply to the Superior Court of Justice for an order transferring the proceeding to that court.  R.S.O. 1990, c. M.14, s. 107; 2000, c. 26, Sched. M, s. 17; 2017, c. 8, Sched. 17, s. 7 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. M, s. 17 - 26/12/2000 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018
108 Where in the opinion of the court in which an action is brought the proceeding may be more conveniently dealt with or disposed of by the Tribunal, the court may, upon the application of a party or otherwise and at any stage of the proceeding, refer the action or any question therein to the Tribunal as a referee on such terms as to the court seems just and the Tribunal shall thereafter give directions for the continuance of the proceeding before the Tribunal, and, subject to the order of reference, all costs are in the Tribunal’s discretion.  R.S.O. 1990, c. M.14, s. 108; 2017, c. 8, Sched. 17, s. 7 (1, 12). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 17, s. 7 (1, 12) - 01/04/2018
109 Where a proceeding that should have been taken before the Tribunal is brought in a court, the court may, upon the application of a party or otherwise and at any stage of the proceeding, transfer it to the Tribunal.  R.S.O. 1990, c. M.14, s. 109; 2017, c. 8, Sched. 17, s. 7 (1). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018
110 (1) A recorder may hear and, subject to the right of appeal provided in section 112, determine disputes between persons with respect to unpatented mining claims.  1999, c. 12, Sched. O, s. 39 (1). Same (2)  If a dispute relates to whether the provisions of this Act regarding mining claims have been complied with, the recorder shall hear and determine the dispute unless, (a) the Tribunal orders otherwise; or (b) the Tribunal agrees to hear and determine the question pursuant to a request made by the recorder.  1999, c. 12, Sched. O, s. 39 (1); 2017, c. 8, Sched. 17, s. 7 (1). Note of decision (3) The recorder shall, (a) record a detailed note of all decisions that he or she makes; (b) notify all persons affected by a decision in the prescribed manner; and (c) make any necessary changes in the mining claims registry to reflect the decision. 2017, c. 6, Sched. 2, s. 65 (1). (4)  Repealed:  1999, c. 12, Sched. O, s. 39 (2). Finality of decision (5)  The decision of the recorder is final and binding unless appealed from as provided in section 112.  R.S.O. 1990, c. M.14, s. 110 (5). (6)  Repealed: 2017, c. 6, Sched. 2, s. 65 (2). (7)  Repealed: 1999, c. 12, Sched. O, s. 39 (3). (8)-(10)  Repealed: 2017, c. 6, Sched. 2, s. 65 (2). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 39 (1-5) - 30/06/2000 2017, c. 6, Sched. 2, s. 65 (1, 2) - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 Proceedings before recorder
111 (1) The recorder may give directions for the conduct and carrying on of proceedings before him or her, and in so doing the cheapest and simplest methods of determining the questions arising that afford to all interested parties an adequate opportunity of knowing the issues in the proceedings and of presenting material and making representations on their behalf shall be adopted.  R.S.O. 1990, c. M.14, s. 111 (1). Reasons for decision (2)  The recorder shall give reasons for any decision made in proceedings before him or her.  R.S.O. 1990, c. M.14, s. 111 (2). Enforcement of decision (3)  A copy of the final decision of a recorder may be filed with the Superior Court of Justice under section 19 of the Statutory Powers Procedure Act, which applies thereto.  R.S.O. 1990, c. M.14, s. 111 (3); 2000, c. 26, Sched. M, s. 17. Application of Statutory Powers Procedure Act (4)  Except as provided in subsection (3), the Statutory Powers Procedure Act does not apply to proceedings before the recorder.  R.S.O. 1990, c. M.14, s. 111 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. M, s. 17 - 26/12/2000
112 (1) A person affected by a decision of or by any act or thing, whether ministerial, administrative or judicial, done, or refused or neglected to be done by a recorder may appeal to the Tribunal, except where the appeal is with respect to consultation with Aboriginal communities, Aboriginal or treaty rights or to the assertion of Aboriginal or treaty rights.  R.S.O. 1990, c. M.14, s. 112 (1); 2009, c. 21, s. 52 (1); 2017, c. 8, Sched. 17, s. 7 (1). Where public interest affected (2)  Where, in the opinion of the Minister, the public interest is affected by a decision, act or thing mentioned in subsection (1), an officer or employee of the Ministry designated by the Minister for that purpose may, (a) be added as a party to an appeal taken under subsection (1); or (b) take an appeal under subsection (1), in which case no fee in respect of the appeal is payable.  R.S.O. 1990, c. M.14, s. 112 (2). Appeal (3)  An appeal to the Tribunal shall be by notice of appeal.  1999, c. 12, Sched. O, s. 40; 2009, c. 21, s. 52 (2); 2017, c. 8, Sched. 17, s. 7 (1). Service and filing of appeal (4)  The appellant shall file the notice of appeal with the Tribunal and serve it on the recorder and all other affected parties within 30 days after the recording of the decision or the doing of the other act or thing that is the subject of the appeal.  1999, c. 12, Sched. O, s. 40; 2017, c. 8, Sched. 17, s. 7 (1). Extension of time for service (5)  If an appeal has been properly filed but service has not been effected in accordance with subsection (4) despite reasonable efforts to do so and the Tribunal is otherwise satisfied that the case is a proper one for appeal, the Tribunal may extend the time for service and may make such order for substitutional or other service as it considers just.  1999, c. 12, Sched. O, s. 40; 2017, c. 8, Sched. 17, s. 7 (1, 13). Appeal by affected person (6)  The Tribunal may allow a person other than the appellant to appeal the decision, act or thing if the person, (a) is affected by the decision, act or thing; (b) has not been notified as provided under section 76 or 110; (c) has apparently suffered substantial injustice; and (d) has not caused undue delay.  1999, c. 12, Sched. O, s. 40; 2017, c. 8, Sched. 17, s. 7 (1). Service (7)  The notice of appeal shall indicate an address in Ontario at which the appellant may be served with any notice or document relating to the appeal.  1999, c. 12, Sched. O, s. 40. Sufficient service (8)  A notice or document is sufficiently served on the appellant if it is left with an adult at that address or if it is sent to the appellant at that address.  1999, c. 12, Sched. O, s. 40. Same (9)  If no address for service is given as required under subsection (7), any notice or document relating to the appeal may be served on the appellant by posting a copy of it.  1999, c. 12, Sched. O, s. 40. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 40 - 30/06/2000 2009, c. 21, s. 52 (1, 2) - 28/10/2009 2017, c. 8, Sched. 17, s. 7 (1, 13) - 01/04/2018
113 The Tribunal shall determine, (a) an appeal from a recorder, after a hearing by way of a new hearing; and (b) a dispute referred to in section 48 or a claim, question, dispute or other matter within its jurisdiction after a hearing, 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
114 (1) Application to the Tribunal for an appointment for a hearing may be made in writing by any party to the proceeding upon such notice and to such persons as the Tribunal directs.  R.S.O. 1990, c. M.14, s. 114 (1); 1997, c. 40, s. 7; 2009, c. 21, s. 53; 2017, c. 8, Sched. 17, s. 7 (1). Time for hearing (2)  The Tribunal may fix such time for a hearing as will permit the matter to be disposed of as promptly as possible, allowing adequate time to the parties to prepare their cases but, unless all parties consent thereto, the hearing shall be held not less than ten days after service of the appointment for the hearing on the parties.  R.S.O. 1990, c. M.14, s. 114 (2); 2017, c. 8, Sched. 17, s. 7 (1). (3)  Repealed: 2021, c. 4, Sched. 6, s. 62 (3). Leave for hearing (4)  In any matter or proceeding, other than an appeal, in any case where leave to take the proceeding is necessary, the Tribunal may give leave upon such terms as to security for costs or otherwise as the Tribunal considers just.  R.S.O. 1990, c. M.14, s. 114 (4); 2017, c. 8, Sched. 17, s. 7 (1). Section Amendments with date in force (d/m/y) 1997, c. 40, s. 7 - 18/12/1997 2002, c. 17, Sched. F, Table - 01/01/2003 2009, c. 21, s. 53
- 28/10/2009 2017, c. 8, Sched. 17, s. 7 (1, 15) - 01/04/2018 2021, c. 4, Sched. 6, s. 62 (3) - 01/06/2021 115 Repealed: 2021, c. 4, Sched. 6, s. 62 (4). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 41 - 30/06/2000 2017, c. 8, Sched. 17, s. 7 (1, 16) - 01/04/2018 2021, c. 4, Sched. 6, s. 62 (4) - 01/06/2021 116 Repealed: 2021, c. 4, Sched. 6, s. 62 (4). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 17, s. 7 (1, 17) - 01/04/2018 2021, c. 4, Sched. 6, s. 62 (4) - 01/06/2021 117-120 Repealed: 2021, c. 4, Sched. 6, s. 62 (4). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 17, s. 7 (18) - 01/04/2018 2021, c. 4, Sched. 6, s. 62 (4) - 01/06/2021
121 The Tribunal shall give a decision upon the real merits and substantial justice of the case. 2017, c. 8, Sched. 17, s. 7 (18). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 17, s. 7 (18) - 01/04/2018 122 Repealed: 2021, c. 4, Sched. 6, s. 62 (5). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 17, s. 7 (18) - 01/04/2018 2021, c. 4, Sched. 6, s. 62 (5) - 01/06/2021 123 Repealed: 2021, c. 4, Sched. 6, s. 62 (5). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 2021, c. 4, Sched. 6, s. 62 (5) - 01/06/2021
124 Sheriffs, deputy sheriffs, constables and other peace officers shall aid, assist and obey the Tribunal in the exercise of the powers conferred on the Tribunal by this Act whenever required to do so and shall upon the certificate of the Tribunal be paid the same fees as for similar services in carrying out the orders of a judge of the Superior Court of Justice.  R.S.O. 1990, c. M.14, s. 124; 2000, c. 26, Sched. M, s. 17; 2017, c. 8, Sched. 17, s. 7 (1); 2019, c. 14, Sched. 7, s. 3. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. M, s. 17 - 26/12/2000 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 2019, c. 14, Sched. 7, s. 3 - 01/04/2021 125 Repealed: 2021, c. 4, Sched. 6, s. 62 (6). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. M, s. 17 - 26/12/2000 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 2021, c. 4, Sched. 6, s. 62 (6) - 01/06/2021 126 Repealed: 2021, c. 4, Sched. 6, s. 62 (6). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 17, s. 7 (1, 19) - 01/04/2018 2021, c. 4, Sched. 6, s. 62 (6) - 01/06/2021 127 Repealed: 2021, c. 4, Sched. 6, s. 62 (6). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. M, s. 17 - 26/12/2000 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 2021, c. 4, Sched. 6, s. 62 (6) - 01/06/2021
128 The fee and attendance money to be paid to a witness before the recorder shall be according to the Superior Court of Justice scale.  R.S.O. 1990, c. M.14, s. 128; 2000, c. 26, Sched. M, s. 17; 2017, c. 8, Sched. 17, s. 7 (1); 2021, c. 4, Sched. 6, s. 62 (7). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. M, s. 17 - 26/12/2000 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 2021, c. 4, Sched. 6, s. 62 (7) - 01/06/2021 Decision of Tribunal
129 (1)-(3) Repealed: 2021, c. 4, Sched. 6, s. 62 (8). Order sent to recorder (4) The Tribunal shall forward a copy of each order or judgment of the Tribunal to a recorder who shall amend the records in the mining claims registry as necessary. 2017, c. 6, Sched. 2, s. 66; 2017, c. 8, Sched. 17, s. 8 (3); 2021, c. 4, Sched. 6, s. 62 (9). Notice of amendment to records (5) As soon as possible after amending the records in accordance with subsection (4), a recorder shall, in the prescribed manner, give notice in writing of the amendment of the records to the parties to the hearing before the Tribunal. 2017, c. 6, Sched. 2, s. 66; 2017, c. 8, Sched. 17, s. 8 (3). (6)  Repealed:  1994, c. 27, s. 130. (7)  Repealed:  1999, c. 12, Sched. O, s. 42 (3). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 130 - 09/12/1994; 1996, c. 1, Sched. O, s. 24 - 30/01/1996; 1999, c. 12, Sched. O, s. 42 (1-3) - 30/06/2000 2017, c. 6, Sched. 2, s. 66 - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018; 2017, c. 8, Sched. 17, s. 8 (3) - 10/04/2018 2021, c. 4, Sched. 6, s. 62 (8, 9) - 01/06/2021; 2021, c. 25, Sched. 14, s. 13 - no effect - see 2021, c. 4, Sched. 6, s. 62 (8) - 01/06/2021 130 Repealed: 2021, c. 4, Sched. 6, s. 62 (10). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 43 - 30/06/2000 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 2021, c. 4, Sched. 6, s. 62 (10) - 01/06/2021 131 Repealed: 2021, c. 4, Sched. 6, s. 62 (10). Section Amendments with date in force (d/m/y) 1997, c. 40, s. 7 - 18/12/1997 2009, c. 21, s. 54
- 28/10/2009 2021, c. 4, Sched. 6, s. 62 (10) - 01/06/2021
132 Where a certified copy of a final decision of a recorder has been filed with the Superior Court of Justice under section 19 of the Statutory Powers Procedure Act, the Tribunal or the court may stay proceedings therein if an appeal from the decision is brought until final disposition of the appeal.  R.S.O. 1990, c. M.14, s. 132; 2000, c. 26, Sched. M, s. 17; 2017, c. 8, Sched. 17, s. 7 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. M, s. 17 - 26/12/2000 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018
133 Where not otherwise provided, an appeal lies to the Divisional Court from any decision of the Tribunal.  R.S.O. 1990, c. M.14, s. 133; 2017, c. 8, Sched. 17, s. 7 (1); 2021, c. 4, Sched. 6, s. 62 (11). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 2021, c. 4, Sched. 6, s. 62 (11) - 01/06/2021 Appeal procedures
134 (1) Except in the case of a reference under section 108 or the Arbitration Act, 1991, an order or judgment of the Tribunal is final and conclusive unless, where an appeal may be brought, it is brought within 30 days after notice of the order or judgment is sent under section 130.  1999, c. 12, Sched. O, s. 44 (1); 2009, c. 21, s. 55; 2017, c. 8, Sched. 17, s. 7 (1). Notice of appeal (2)  The appeal shall be brought by filing a notice of appeal with the Divisional Court and the appellant shall send a copy of the notice of appeal to the Tribunal, the recorder and the parties to the hearing before the Tribunal.  1999, c. 12, Sched. O, s. 44 (2); 2017, c. 8, Sched. 17, s. 7 (1). Transmission of documents (3)  On receiving a copy of the notice of appeal, the Tribunal shall send the order or judgment appealed from to the Divisional Court, along with the exhibits, papers and other documents filed on the hearing before the Tribunal.  1999, c. 12, Sched. O, s. 44 (2); 2017, c. 8, Sched. 17, s. 7 (1). (4)  Repealed:  1999, c. 12, Sched. O, s. 44 (3). (5)  Repealed: 2021, c. 4, Sched. 6, s. 62 (12). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 44 (1-3) - 30/06/2000 2009, c. 21, s. 55
- 28/10/2009 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 2021, c. 4, Sched. 6, s. 62 (12) - 01/06/2021
135 (1) No application for judicial review and no other proceeding may be brought to call into question, (a) any decision of a recorder more than 30 days after the recording of the decision; (b) any order or judgment of the Tribunal more than 30 days after notice of the order or judgment is sent under section 130; or (c) the validity of anything done by a recorder or any other officer appointed under this Act more than 30 days after it was done.  1999, c. 12, Sched. O, s. 45; 2017, c. 8, Sched. 17, s. 7 (1). Other proceedings (1.1)  Despite subsection (1), a proceeding may be brought calling into question any of the matters mentioned in subsection (1) more than 30 days after the recording, notice or other action mentioned in that subsection where this Act specifically permits the proceeding to be brought within a greater period of time.  1999, c. 12, Sched. O, s. 45. No extension of time (2)  Despite anything in the Judicial Review Procedure Act, no court may extend any limitation of time fixed in subsection (1).  R.S.O. 1990, c. M.14, s. 135 (2). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 45 - 30/06/2000 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018
136 Where the validity of a proceeding before the Tribunal or a recorder is called into question in any court on the ground of any defect of form or substance or failure to comply with this Act or the regulations, although the defect or failure is established, the court shall not, if no substantial wrong or injustice has been thereby done or occasioned, invalidate the proceeding by reason thereof, but shall confirm the proceeding, and, upon such confirmation, the proceeding shall be and be deemed to have been valid and effective from the time when it would otherwise have been effective but for such defect or failure.  R.S.O. 1990, c. M.14, s. 136; 2017, c. 8, Sched. 17, s. 7 (1). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018
137 Where power is conferred by this Act to extend the time for doing an act or taking a proceeding, unless otherwise expressly provided, the power may be exercised as well after as before the expiration of the time allowed or prescribed for doing the act or taking the proceeding.  R.S.O. 1990, c. M.14, s. 137.
138 (1) Where the time limited for any proceeding or for the doing of anything in one of the following offices expires or falls upon a Saturday, Sunday, holiday or any other day on which the relevant office is closed, the time so limited extends to and the thing may be done on the day next following that is not a Saturday, Sunday, holiday or other day on which the relevant office is closed: 1. The Provincial Recording Office. 2. An office of a Director of Mine Rehabilitation. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 138 (1) of the Act is repealed. (See: 2023, c. 6, s. 4) 3. An office of a Director of Exploration. 4. An office of the Tribunal. 5. An office of the Minister or of the Deputy Minister. 2017, c. 6, Sched. 2, s. 67; 2017, c. 8, Sched. 17, s. 8 (3). Time expiring when system down (2) Where the time limited for doing anything that requires accessing the Ministry’s mining lands administration system falls on a day on which that system is not available for any reason, a recorder may order, before or after the expiry of the time, an extension of time, subject to the regulations. 2017, c. 6, Sched. 2, s. 67. Same, effect on leases (2.1) If a recorder grants an extension of time under subsection (2) in relation to an application to renew a lease under this Act, the lease is deemed not to expire or have expired, as the case may be, until the expiry of the extension of time. 2020, c. 34, Sched. 8, s. 8. Extension of time, assessment work (3) If a recorder grants an extension of time with respect to a deadline for submitting a report of assessment work or making payments in place of assessment work for a mining claim after the anniversary date of the mining claim, the claim holder’s interest in the mining claim is deemed not to have ceased under section 72 and the mining claim is deemed not to be forfeit under that section. 2017, c. 6, Sched. 2, s. 67. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 25 - 30/01/1996 2017, c. 6, Sched. 2, s. 67 - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018; 2017, c. 8, Sched. 17, s. 8 (3) - 10/04/2018 2020, c. 34, Sched. 8, s. 8 - 01/02/2022 2023, c. 6, s. 4
- not in force PART VII   Rehabilitation of Mining Lands Note: On a day to be named by proclamation of the Lieutenant Governor, Part VII, other than sections 152.1 to 152.7, is amended by striking out “the Director” and “the Director’s” wherever they appear and substituting in each case “the Minister” or “the Minister’s” respectively. (See: 2023, c. 6, s. 28 (1)) Note: On a day to be named by proclamation of the Lieutenant Governor, the heading to Part VII of the Act is repealed and the following substituted: (See: 2021, c. 34, Sched. 12, s. 3) PART VII   REHABILITATION AND REMEDIATION OF LANDS Definitions and application of Part
139.1 (1) A proponent shall take all reasonable steps to progressively rehabilitate a site whether or not closure has commenced or a closure plan has been filed.  1996, c. 1, Sched. O, s. 26. Report required (2) A proponent who undertakes progressive rehabilitation of a site without a filed closure plan shall complete the rehabilitation work to the appropriate prescribed standard and submit to the Director a report prepared in the prescribed form within 60 days of the completion of the work.  1996, c. 1, Sched. O, s. 26; 2019, c. 14, Sched. 7, s. 5. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 26 - 30/06/2000 2019, c. 14, Sched. 7, s. 5 - 01/04/2021 2023, c. 6, s. 28 (1)
- not in force Voluntary Rehabilitation
139.3 (1) If the Director has reasonable grounds for determining that a person who has begun rehabilitation pursuant to an approval under subsection 139.2 (3) is not conducting the rehabilitation of the mine hazard in accordance with the rehabilitation plan, the Director shall notify the person of the determination and the reasons for it.  2007, c. 7, Sched. 22, s. 1. Time for response (2) The notice referred to in subsection (1) shall specify a day by which a person may respond under subsection (3) or (4).  2007, c. 7, Sched. 22, s. 1. Request for reconsideration (3) A person who receives a notice under subsection (1) may request that the Director reconsider the determination and may make written submissions or submit materials in support of the request, and after considering the request the Director, (a) shall confirm, modify or revoke the determination; and (b) may modify the rehabilitation plan.  2007, c. 7, Sched. 22, s. 1. Application to modify the plan (4) In addition to making a request under subsection (3), a person who receives a notice under subsection (1) may apply to the Director to modify the rehabilitation plan, and if the Director permits the modification, the rehabilitation plan shall be modified accordingly.  2007, c. 7, Sched. 22, s. 1. Order to rehabilitate (5) If a person who receives a notice under subsection (1) does not respond under subsection (3) or (4) by the day specified in the notice, the Director may issue an order to the person to rehabilitate the mine hazard in accordance with the rehabilitation plan.  2007, c. 7, Sched. 22, s. 1. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 139.3 (5) of the Act is amended by striking out “the Director may issue an order” and substituting “the Minister may issue an order”. (See: 2023, c. 6, s. 6 (1)) Same (6) An order under subsection (5) shall specify a day by which the rehabilitation must be completed.  2007, c. 7, Sched. 22, s. 1. Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection 139.3 (6) of the Act is amended. (See: 2023, c. 6, s. 6 (2)) Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 22, s. 1 - 05/07/2007 2023, c. 6, s. 6 (1, 2), 28 (1) - not in force
139.4 Any decision made by the Director under section 139.2 or 139.3 is final and is not subject to appeal.  2007, c. 7, Sched. 22, s. 1. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 22, s. 1 - 05/07/2007 2023, c. 6, s. 28 (1)
- not in force
139.5 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 review or approval of a rehabilitation plan under section 139.2 or any modification to the plan.  2007, c. 7, Sched. 22, s. 1. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 22, s. 1 - 05/07/2007 2023, c. 6, s. 28 (1)
- not in force Advanced Exploration and Mine Production — Closure Plans
141.1 (1) This section applies in respect of a proponent who has a filed closure plan under section 140 or 141 for a project if the project has been in a state of temporary suspension or inactivity. 2019, c. 14, Sched. 7, s. 6. Prohibition (2) A proponent mentioned in subsection (1) shall not recommence the advanced exploration or mine production after the temporary suspension or inactivity unless the following conditions have been met: 1. The proponent has given a new Notice of Project Status and, if applicable, a Notice of Material Change to the Director, in the prescribed manner and within the prescribed time period, if any. 2. An amendment to the filed closure plan, if required under section 143, has been filed in accordance with that section. 2019, c. 14, Sched. 7, s. 6. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 7, s. 6 - 01/04/2021 2023, c. 6, s. 28 (1)
- not in force
141.2 A proponent shall comply with their filed closure plan. 2023, c. 6, s. 9. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 7, s. 6 - 01/04/2021 2023, c. 6, s. 9
- 21/07/2023
142 The provisions of this Part that apply with respect to closure plans filed under section 140, 141 or 147 apply with respect to closure plans approved under this section, as it read before the day section 58 of the Mining Amendment Act, 2009 came into force.  2009, c. 21, s. 58. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 26 - 30/06/2000 2009, c. 21, s. 58
- 28/10/2009 Amendments, Changes to Closure Plans
144 (1) A proponent shall promptly notify the Director in the prescribed form and manner of the commencement of closure and of any change in the stage of closure reached.  1996, c. 1, Sched. O, s. 26; 2023, c. 6, s. 12 (1). Notice of material change (2) A proponent shall promptly notify the Minister in the prescribed form and manner if a change that could reasonably be expected to have a material effect on the adequacy of the proponent’s filed closure plan is planned, has occurred or is likely to occur. 2023, c. 6, s. 12 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 134 (8, 9) - 09/12/1994; 1996, c. 1, Sched. O, s. 26 - 30/06/2000 2023, c. 6, s. 12 (1, 2)
- 21/07/2023; 2023, c. 6, s. 28 (1)
- not in force Financial Assurance
149 The Minister may refuse to accept a voluntary surrender of mining lands or mining rights under section 183 if he or she has reasonable grounds for believing that a proponent has failed to rehabilitate the site in accordance with a filed closure plan or, if no closure plan has been filed, in accordance with the prescribed standards for site rehabilitation.  1996, c. 1, Sched. O, s. 26. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 26 - 30/06/2000 2023, c. 6, s. 28 (1)
- not in force
149.1  (1) The Minister may accept a surrender of mining lands from a proponent on the conditions specified by the Minister if, (a) the project relating to the mining lands is closed out; or (b) the project relating to the mining lands is not closed out only because it is subject to long-term maintenance and monitoring by the proponent.  2001, c. 9, Sched. L, s. 5. Special purpose account (2)  Money received from the proponent of a project as part of an agreement for the surrender of mining lands shall be placed in a special purpose account for use in the rehabilitation of mining lands generally.  1996, c. 1, Sched. O, s. 26. Payments out of account (3)  The cost of any work performed by the Crown or an agent of the Crown under this section shall be paid by the Minister of Finance out of the special purpose account.  1996, c. 1, Sched. O, s. 26. No liability (4)  Despite subsections 7 (1) and 8 (1) and sections 17, 18, 43 and 44 of the Environmental Protection Act, a proponent who surrenders mining lands under this section is not liable under those provisions.  1996, c. 1, Sched. O, s. 26. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 26 - 30/06/2000 2001, c. 9, Sched. L, s. 5 - 19/07/2001 2023, c. 6, s. 28 (1)
- not in force 150 Repealed:  2009, c. 21, s. 60. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 27 - 30/01/1996 2009, c. 21, s. 60
- 28/10/2009 Cost of Work Completed