jswizzle3737/ontario_laws_and_regs huggingface dataset:
50 (1) The registration of a mining claim or the acquisition of any right or interest in a mining claim by any person does not confer upon that person, (a) any right, title, interest or claim in or to the mining claim other than the right to proceed as is in this Act provided to perform the prescribed assessment work or to obtain a lease from the Crown and, prior to the performance, filing and approval of the first prescribed unit of assessment work, the person is merely a licensee of the Crown and after that period and until he or she obtains a lease the person is a tenant at will of the Crown in respect of the mining claim; or (b) any right to take, remove or otherwise dispose of any minerals found in, upon or under the mining claim.  R.S.O. 1990, c. M.14, s. 50 (1); 2009, c. 21, s. 101 (4); 2017, c. 6, Sched. 2, s. 30. Surface rights (2)  The holder of a mining claim does not have any right, title or claim to the surface rights of the claim other than the right, subject to the requirements of this Act, to enter upon, use and occupy such part or parts thereof as are necessary for the purpose of prospecting and the efficient exploration, development and operation of the mines, minerals and mining rights therein.  R.S.O. 1990, c. M.14, s. 50 (2); 2009, c. 21, s. 28 (1). Exploration work (2.1) Despite subsection (2), the holder of a mining claim shall not enter upon, use or occupy any part of a mining claim for any exploration work on the claim unless the requirements in sections 78.2 and 78.3 and in the regulations have been met.  2009, c. 21, s. 28 (2). Taxation (3)  The holder of an unpatented mining claim is not liable to assessment or taxation for municipal or school purposes in respect of such unpatented mining claim.  R.S.O. 1990, c. M.14, s. 50 (3). Same (4)  The holder of a licence of occupation issued under this Act or any predecessor Act is not liable to assessment or taxation for municipal or school purposes in respect to the licence except with respect to improvements for which the holder would be liable to assessment or taxation if the lands were held under a patent.  1999, c. 12, Sched. O, s. 22. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 22 - 30/06/2000 2009, c. 21, s. 28 (1), 101 (4) - 28/10/2009; 2009, c. 21, s. 28 (2)
- 01/11/2012 2017, c. 6, Sched. 2, s. 30 - 10/04/2018
52 (1) No person shall mine, mill or refine more than the prescribed quantity of mineral bearing substance from an unpatented mining claim for the purpose of testing mineral content without first obtaining the Minister’s written permission.  2009, c. 21, s. 30. Conditions (2) Permission granted under subsection (1) shall be for a specified time, shall cover a specified quantity of mineral bearing substance and shall be subject to such conditions as the Minister may impose.  2009, c. 21, s. 30; 2017, c. 6, Sched. 2, s. 32. Requirements under ss. 78.2 and 78.3 (2.1) A person who obtains permission under subsection (1) is not exempt from complying with the requirements set out in sections 78.2 and 78.3 and, if applicable, the requirements in section 140 for a filed closure plan.  2009, c. 21, s. 30; 2019, c. 14, Sched. 7, s. 2. Sale of end product (3)  The end product of mining, milling and refining permitted under subsection (1), except as provided in subsection (4) or (5), shall not be sold or otherwise disposed of until the mining claim from which the minerals were taken is leased under this Act.  R.S.O. 1990, c. M.14, s. 52 (3); 2021, c. 25, Sched. 14, s. 7 (1). Disposition of proceeds (4)  Subsection (3) does not apply where the Minister gives written permission for the sale or disposition and where the Minister does so, the sale or disposition shall be in accordance with such terms as the Minister may impose.  R.S.O. 1990, c. M.14, s. 52 (4). Same, prescribed circumstances, requirements (5) Subsection (3) does not apply if the sale or disposition is permitted by and conducted in accordance with the regulations. 2021, c. 25, Sched. 14, s. 7 (2). Section Amendments with date in force (d/m/y) 2009, c. 21, s. 30
- 01/11/2012 2017, c. 6, Sched. 2, s. 32 - 09/01/2018 2019, c. 14, Sched. 7, s. 2 - 01/04/2021 2021, c. 25, Sched. 14, s. 7 (1, 2) - 01/04/2022
53 (1) Where the holder, licensee, lessee or owner of a mining claim, mining lands or mining rights abandons or surrenders the claim, lands or rights or where the mining claim, mining lands or mining rights are cancelled, forfeited or terminated under this Act or any other Act or the regulations thereunder, that person may take from the claim, lands or rights any buildings, structures, machinery, chattels, personal property and, except in the case of an unpatented mining claim, any ore or mineral belonging to and extracted from the claim, lands or rights by that person and any slimes or tailings not otherwise owned, within six months after the abandonment, surrender, cancellation, forfeiture or termination or within such further time as is fixed by the Minister, and, in default of doing so, all the buildings, structures, machinery, chattels, personal property, ore, mineral, slimes and tailings belong to the Crown unless the Minister directs otherwise within two years after the abandonment, surrender, cancellation, forfeiture or termination and may be sold or otherwise disposed of by the Minister upon such terms and conditions as he or she considers expedient.  R.S.O. 1990, c. M.14, s. 53 (1); 1996, c. 1, Sched. O, s. 14. Licensee has no rights in buildings, etc., acquired by Crown (2)  Unless ordered otherwise by the Minister, the registration of a mining claim does not confer upon the licensee any right respecting buildings, structures, machinery, chattels, personal property, ore, mineral, slimes and tailings acquired by the Crown under subsection (1).  R.S.O. 1990, c. M.14, s. 53 (2); 2017, c. 6, Sched. 2, s. 33. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 14 - 30/01/1996 2017, c. 6, Sched. 2, s. 33 - 10/04/2018
54 (1) Where a mining claim is registered on land and it appears that the land is being used other than as mining land or for a purpose other than that of the mineral industry, the Minister may direct the Tribunal to hold a hearing. 2017, c. 6, Sched. 2, s. 34; 2017, c. 8, Sched. 17, s. 8 (3). Cancellation (2)  If, after a hearing held on notice to all interested persons, the Tribunal is satisfied that the land is being used other than as mining land or for a purpose other than that of the mineral industry, it may make an order cancelling the claim.  1999, c. 12, Sched. O, s. 23; 2017, c. 8, Sched. 17, s. 7 (1, 5). Same (3)  An order cancelling a claim takes effect on being filed with the recorder.  1999, c. 12, Sched. O, s. 23. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 23 - 30/06/2000 2009, c. 21, s. 101 (2)
- 28/10/2009 2017, c. 6, Sched. 2, s. 34 - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1, 5) - 01/04/2018; 2017, c. 8, Sched. 17, s. 8 (3) - 10/04/2018
55 (1) Where the Minister recommends the establishment or extension of a townsite on an unpatented mining claim, the Lieutenant Governor in Council may reserve the surface rights on any such claim or parts of any such claim as may be necessary for townsite purposes.  R.S.O. 1990, c. M.14, s. 55 (1). Regulations (2)  The Lieutenant Governor in Council may make such regulations as the Lieutenant Governor in Council considers necessary for the better carrying out of this section.  R.S.O. 1990, c. M.14, s. 55 (2). 56 Repealed: 2017, c. 6, Sched. 2, s. 35. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 2, s. 35 - 10/04/2018 Trusts, Agreements and Transfers Trusts
57 (1) Notice of a trust, express, implied or constructive, relating to an unpatented mining claim or licence of occupation shall not be entered on the record or be received by a recorder.  R.S.O. 1990, c. M.14, s. 57 (1); 2021, c. 25, Sched. 14, s. 8 (1). Description of holder as trustee (2)  Describing the holder of a mining claim or licence of occupation as a trustee, whether the beneficiary or object of the trust is mentioned or not, does not impose upon any person dealing with the holder the duty of making any inquiry as to the holder’s power to deal therewith, but the holder may deal with the claim or licence as if such description had not been inserted.  R.S.O. 1990, c. M.14, s. 57 (2); 2021, c. 25, Sched. 14, s. 8 (2). Saving of rights of others (3)  Nothing in this section relieves the holder of a mining claim or licence of occupation who is in fact a trustee thereof or of any part or share thereof or interest therein from liability as between the holder and any person, mining partnership or company for whom the holder is a trustee, but such liability continues as if this section had not been enacted, and nothing in this Act relieves the holder from any personal liability or obligation.  R.S.O. 1990, c. M.14, s. 57 (3); 2021, c. 25, Sched. 14, s. 8 (3). Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 14, s. 8 (1-3) - 01/02/2022 Agreements and transfers
58 (1) Where a person registers a mining claim, no other person is entitled to enforce a claim, right or interest to or in the mining claim, or to or in any mining lands or mining rights arising from the mining claim, that was contracted for or acquired before the mining claim was registered unless a written document acknowledging the claim, right or interest was signed by the registered claim holder or there exists some other material evidence of the claim, right or interest and, if such acknowledgement or evidence is provided, the Statute of Frauds does not apply. 2017, c. 6, Sched. 2, s. 36. Sales or transfers after registration (2) No person is entitled to enforce any agreement for the sale or transfer of a mining claim, of any mining lands or mining rights arising from the mining claim, or of any interest in or concerning the claim, lands or rights, that was entered into after the registration of the mining claim or the recording of the mining lands or mining rights, unless the agreement, or a note or memorandum thereof, is in writing and signed by the person against whom it is sought to be enforced or by that person’s lawfully authorized agent. 2017, c. 6, Sched. 2, s. 36. Transition, converted mining claims (3) Despite subsections (1) and (2), if a mining claim was staked and recorded on a day before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 came into force and then converted from a legacy claim under section 38.2 and deemed to have been registered under subsection 38 (2), (a) subsection (1) applies to any claim, right or interest in the staking and recording of the claim that was contracted for or acquired by a person before the claim was staked; and (b) subsection (2) applies to any agreement that was entered into after the staking of the legacy claim. 2017, c. 6, Sched. 2, s. 36. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 101 (4)
- 28/10/2009 2017, c. 6, Sched. 2, s. 36 - 10/04/2018
59 A mining claim is transferable, except, (a) if the claim is on land for which there is a surface rights owner, unless, (i) the requirements in clause 46 (1) (a) have been met, or (ii) an order waiving confirmation has been issued under subsection 46 (2); or (b) if an application for lease has been made with respect to the mining claim, unless the Minister gives written consent for the transfer.  2009, c. 21, s. 31; 2017, c. 6, Sched. 2, s. 37. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 31
- 04/04/2011 2017, c. 6, Sched. 2, s. 37 - 10/04/2018 59.1 Repealed:  2009, c. 21, s. 31. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 15 - 30/01/1996 2009, c. 21, s. 31
- 04/04/2011 Recording Documents
60 (1) Except as otherwise expressly provided in this Act, no transfer or assignment of a mining claim or licence of occupation, and no agreement or other instrument affecting a mining claim, licence of occupation or any recorded right or interest acquired under this Act, shall be recorded in the applicable registry unless it satisfies the directives made by the Minister under subsection 4.1 (2) relating to the use of the mining lands administration system. 2021, c. 25, Sched. 14, s. 9 (1). Same (1.1) Nothing in this section limits the authority of a recorder to delete, correct, amend or make entries on the abstract for a mining claim or licence of occupation in accordance with this Act. 2017, c. 6, Sched. 2, s. 38; 2021, c. 25, Sched. 14, s. 9 (2). Corporations (2) An instrument mentioned in subsection (1) that is executed by a corporation shall not be recorded unless an authorized person has signed the instrument and, (a) the corporation’s seal is affixed to the instrument; or (b) the instrument contains a statement by the person that he or she has authority to bind the corporation.  2001, c. 9, Sched. L, s. 2. (3)  Repealed:  2001, c. 9, Sched. L, s. 2. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. L, s. 2 - 19/07/2001 2017, c. 6, Sched. 2, s. 38 - 10/04/2018 2021, c. 25, Sched. 14, s. 9 (1, 2) - 01/02/2022
61 After a mining claim, licence of occupation or other right or interest acquired under this Act has been recorded in a registry, every instrument other than a will affecting the claim or licence, as the case may be, or an interest therein is void as against a subsequent purchaser or transferee for valuable consideration without actual notice, unless the instrument is recorded in the registry before the recording of the instrument under which the subsequent purchaser or transferee claims. 2021, c. 25, Sched. 14, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 2, s. 39 - 10/04/2018 2021, c. 25, Sched. 14, s. 10 - 01/02/2022
62 The recording under this Act of an instrument relating to a mining claim or licence of occupation constitutes notice of the instrument to all persons claiming an interest in the claim or licence after the instrument is recorded, even if there is a defect in the requirements for recording. 2021, c. 25, Sched. 14, s. 10. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 24 - 30/06/2000 2021, c. 25, Sched. 14, s. 10 - 01/02/2022
63 (1) Priority of recording prevails unless before the prior recording there has been actual notice of the prior instrument by the party claiming under the prior recording.  R.S.O. 1990, c. M.14, s. 63 (1). (2)  Repealed: 2017, c. 6, Sched. 2, s. 40. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 25 - 30/06/2000 2017, c. 6, Sched. 2, s. 40 - 10/04/2018
65 (1) After a mining claim is registered, the claim holder shall perform or cause to be performed the annual units of assessment work required in accordance with the regulations or may, in the prescribed circumstances and to the extent permitted by regulation, make payments in place of assessment work in accordance with the regulations. 2017, c. 6, Sched. 2, s. 42 (1). Report (2) Every mining claim holder shall submit a report of the assessment work done and of any payments made for the purpose of complying with subsection (1), together with such other information as may be prescribed.  2009, c. 21, s. 33. When report must be received (3) The report must be received by the mining lands administration system on or before the anniversary date of the mining claim. 2017, c. 6, Sched. 2, s. 42 (2). Same (4) If a date earlier than the anniversary date is prescribed for the submission of a report regarding a specific type of assessment work, the report must be submitted to the mining lands administration system on or before the prescribed date. 2017, c. 6, Sched. 2, s. 42 (2). Credits measured in dollars spent (5) For the purpose of subsection (1), assessment work credits shall be measured in terms of dollars spent.  2009, c. 21, s. 33. No dispute (6) A recorder shall not receive and file, or record against a mining claim, any dispute relating to assessment work or to payments made in place of assessment work.  2009, c. 21, s. 33. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 16 - 30/01/1996; 1999, c. 12, Sched. O, s. 27 - 30/06/2000 2000, c. 26, Sched. M, s. 7 - 26/12/2000 2009, c. 21, s. 33
- 01/11/2012 2017, c. 6, Sched. 2, s. 42 (1, 2) - 10/04/2018
66 (1) The types of work that are eligible for assessment work credits, the method of calculating and approving the credits for work performed or payments made in place of assessment work, and the distribution of assessment work credits to mining claims shall be determined in accordance with the regulations.  2009, c. 21, s. 34 (1); 2017, c. 6, Sched. 2, s. 43 (1); 2021, c. 25, Sched. 14, s. 12 (1). Prospecting and regional surveys (2)  Prospecting and regional surveys performed on Crown lands before the registration of a mining claim are eligible for assessment work credits in such manner as is prescribed.  R.S.O. 1990, c. M.14, s. 66 (2); 1996, c. 1, Sched. O, s. 17; 2009, c. 21, s. 34 (2); 2017, c. 6, Sched. 2, s. 43 (2). Work on mining lands (3) Assessment work performed on mining lands or payments made in place of assessment work may be allocated to contiguous unpatented mining claims in the prescribed manner.  2009, c. 21, s. 34 (3). Decision (4) With respect to any report of assessment work or payments made under section 65 by a mining claim holder, the Minister shall, based on the prescribed rules, determine, (a) whether the type of work reported is eligible for assessment work credits; and (b) the amount of assessment work credits to be assigned to the work reported and the distribution of the credits to mining claims. 2017, c. 6, Sched. 2, s. 43 (3); 2021, c. 25, Sched. 14, s. 12 (2). No appeal (5)  A decision under subsection (4) is final and is not subject to appeal.  1999, c. 12, Sched. O, s. 28. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 134 (3) - 09/12/1994; 1996, c. 1, Sched. O, s. 17 - 30/01/1996; 1999, c. 12, Sched. O, s. 28 - 30/06/2000 2009, c. 21, s. 34 (1, 3) - 01/11/2012; 2009, c. 21, s. 34 (2, 4) - 28/10/2009 2017, c. 6, Sched. 2, s. 43 (1-3) - 10/04/2018 2021, c. 25, Sched. 14, s. 12 (1, 2) - 03/06/2021
68 Where two or more persons are the holders of an unpatented mining claim, they shall contribute proportionately to their respective interests, or as they otherwise agree between themselves, to the work required to be done thereon or to a survey, patent or the first year’s rental of a lease, and, in case of default by any holder, the Tribunal, upon the application of any other holder and upon notice to and after hearing all persons interested or such of them as appear, may make an order vesting the interest of the defaulter in the other co-owners or in any of them upon such terms and conditions and in such proportions as it considers just.  R.S.O. 1990, c. M.14, s. 68; 2017, c. 8, Sched. 17, s. 7 (1, 6). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 17, s. 7 (1, 6) - 01/04/2018
69 Where the holder of an interest in a mining claim has made default in payment for work performed thereon by a person not the holder of an interest in the mining claim, the Tribunal, upon the application of such person and upon notice to and after hearing all persons interested or such of them as appear, may make an order vesting the interest in the mining claim of the holder in default, or any part of such interest, in the applicant.  R.S.O. 1990, c. M.14, s. 69; 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 Abandonment Abandoning a mining claim
70 (1) The holder of a mining claim may abandon the claim at any time in such manner and on such conditions as are prescribed by submitting an application for abandonment to a recorder. 2017, c. 6, Sched. 2, s. 45. Partial abandonment of cell claim (2) The holder of a cell claim that includes more than one cell may abandon part of the claim with respect to a cell or cells that form part of the claim, in such manner and on such conditions as are prescribed, by submitting an application for partial abandonment to a recorder, but the abandonment shall only be with respect to entire cells. 2017, c. 6, Sched. 2, s. 45. Notice of abandonment (3) The recorder, (a) shall consider the application for abandonment under subsection (1) or the application for partial abandonment under subsection (2); and (b) where satisfied that the application meets the prescribed conditions, shall post a notice indicating that the mining claim is abandoned or partially abandoned and the notice shall include a description of the claim or the part of the claim that is abandoned. 2017, c. 6, Sched. 2, s. 45. Notification of recorded holder of mining claim (4) The recorder shall, (a) notify the recorded holder of the mining claim of the notice of abandonment or the notice of partial abandonment, where the recorder posts a notice of abandonment or partial abandonment under subsection (3); or (b) notify the recorded holder of the mining claim of his or her decision not to post a notice of abandonment or partial abandonment and provide reasons for not posting it, where the recorder does not post a notice of abandonment or partial abandonment. 2017, c. 6, Sched. 2, s. 45. When land open for registration (5) Where a mining claim is abandoned or partially abandoned under subsection (3), the land in the cells on the provincial grid corresponding to the abandoned or partially abandoned claim shall become open for the registration of mining claims as of 10:00 a.m. eastern standard time or eastern daylight saving time, as the case may be, on the second day after the posting of the notice of abandonment or partial abandonment by the recorder under subsection (3), unless the land is otherwise not open for the registration of mining claims under any other provision of this Act. 2017, c. 6, Sched. 2, s. 45. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 70 (5) of the Act is amended by striking out “or eastern daylight saving time, as the case may be”. (See: 2020, c. 28, s. 4 (1)) Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 19 (1-3) - 30/01/1996; 1999, c. 12, Sched. O, s. 29 - 30/06/2000 2001, c. 9, Sched. L, s. 3 - 19/07/2001 2009, c. 21, s. 36 (1, 2) - 28/10/2009 2017, c. 6, Sched. 2, s. 45 - 10/04/2018 2020, c. 28, s. 4 (1)
- not in force 71 Repealed: 2017, c. 6, Sched. 2, s. 46. 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. 46 - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 Forfeiture
72 (1) Subject to subsections 67 (6) and 73 (3), all the interest of the holder of an unpatented mining claim ceases and the claim is forfeited, without any declaration, entry on a record or act on the part of the Crown, if the claim holder fails to do either of the following on or before the anniversary date of the mining claim as required by section 65: 1. Perform the prescribed assessment work or make a payment in place of the assessment work. 2. File a report of the assessment work done or any payments made in place of the work assessment. 2017, c. 6, Sched. 2, s. 47. Notice of forfeiture (1.1) The Ministry shall give notice that a mining claim may be forfeited under subsection (1) to the claim holder at least 30 days before the anniversary date of the mining claim. 2017, c. 6, Sched. 2, s. 47. When land open for registration (1.2) Where a mining claim is forfeited under subsection (1), the land in the cells on the provincial grid corresponding to the forfeited claim shall become open for the registration of mining claims as of 10:00 a.m. eastern standard time or eastern daylight saving time, as the case may be, on the second day after the forfeiture, unless the land is otherwise not open for the registration of mining claims under any other provision of this Act. 2017, c. 6, Sched. 2, s. 47. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 72 (1.2) of the Act is amended by striking out “or eastern daylight saving time, as the case may be”. (See: 2020, c. 28, s. 4 (2)) Exception (1.3) Subsection (1) does not apply where the claim holder, after meeting all the requirements under this Act, makes an application and payment for a lease under section 81. 2017, c. 6, Sched. 2, s. 47. Proceedings as to forfeiture (2)  No person, other than the Minister or an officer of the Ministry or a person interested in the property affected, is entitled to raise any question of forfeiture except by leave of the Tribunal, and proceedings raising questions of forfeiture shall not be deemed to be or be entered as disputes under section 48.  R.S.O. 1990, c. M.14, s. 72 (2); 2017, c. 8, Sched. 17, s. 7 (1). Section Amendments with date in force (d/m/y) 2009, c. 21, s. 37
- 01/11/2012; 2009, c. 21, s. 101 (4)
- 28/10/2009 2017, c. 6, Sched. 2, s. 47 - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 2020, c. 28, s. 4 (2)
- not in force 72.1 Repealed: 2017, c. 6, Sched. 2, s. 48. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 30 - 30/06/2000 2000, c. 26, Sched. M, s. 9 - 26/12/2000 2017, c. 6, Sched. 2, s. 48 - 10/04/2018
73 (1) A recorder may order an extension of time for performing assessment work or filing a report on such work if an application for the extension is made within 30 days of the anniversary date of the mining claim and the recorder is satisfied that the prescribed conditions for an extension are met. 2017, c. 6, Sched. 2, s. 49. When order may be made (2) The recorder may make an order under subsection (1) before or after the anniversary date of the mining claim. 2017, c. 6, Sched. 2, s. 49. Claim holder’s interest continues (3) If a claim holder applies for an order under subsection (1) within the required time, then the holder’s interest in the mining claim shall not cease and the claim shall not forfeit under section 72 unless and until the recorder decides not to make the order. 2017, c. 6, Sched. 2, s. 49. Notice (4) If the recorder decides not to make an order under subsection (1), the recorder shall notify the claim holder in writing and, if the decision is made after the anniversary date of the mining claim, the claim holder’s interest in the mining claim shall be deemed to have ceased under section 72, and the claim shall be deemed to have been forfeited under that section, as of the anniversary date of the mining claim. 2017, c. 6, Sched. 2, s. 49. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 20 - 30/01/1996; 1999, c. 12, Sched. O, s. 31 - 30/06/2000 2017, c. 6, Sched. 2, s. 49 - 10/04/2018
73.1 (1) If the Minister is satisfied that special circumstances exist, the Minister may, without an application and on the Minister’s own initiative, make any of the following orders with respect to all mining claims or one or more classes of mining claims: 1. An order described in subsection 67 (1). 2. An order described in subsection 73 (1). 2020, c. 34, Sched. 8, s. 2. When order may be made (2) The Minister may make an order under this section with respect to a mining claim before or after its anniversary date. 2020, c. 34, Sched. 8, s. 2. If anniversary date changed (3) If the Minister makes an order described in subsection 67 (1) excluding a period of time for doing something under this Act, subsection 67 (2) applies with necessary modifications with respect to the applicable anniversary dates. 2020, c. 34, Sched. 8, s. 2. If order made after anniversary date (4) If the Minister makes an order under this section with respect to a mining claim after its anniversary date, 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. 2020, c. 34, Sched. 8, s. 2. Copy of order sent to recorder (5) The Minister shall promptly provide a copy of an order made under this section to the recorder’s office. 2020, c. 34, Sched. 8, s. 2. Posting and filing copy (6) On receiving a copy of the order, a recorder shall, (a) promptly note the order in the mining lands administration system and record the order on the abstract of the mining claims to which the order applies, and may post the order on the Internet; and (b) take the steps necessary to give effect to the order. 2020, c. 34, Sched. 8, s. 2. Not a regulation (7) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to an order made under this section. 2020, c. 34, Sched. 8, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 8, s. 2 - 08/12/2020
74 (1) Where the Provincial Recording Office is notified of the death of the holder of an unpatented mining claim, the mining claim shall not be forfeited under section 72, and shall not otherwise lapse or be cancelled under any provision of this Act, until after the day that is 12 months after the day of the claim holder’s death. 2017, c. 6, Sched. 2, s. 50. Vesting of claim (2) If the holder of an unpatented mining claim dies, the Tribunal may, upon application made before the day the claim becomes forfeit under subsection (1), make an order, (a) vesting the mining claim in the representative of the deceased claim holder or in any person with an interest in the claim, as the Tribunal considers appropriate; and (b) extending the time for performing the assessment work, or making payments in place of the assessment work, that is required under section 65 or for applying for a lease under section 81. 2017, c. 6, Sched. 2, s. 50; 2017, c. 8, Sched. 17, s. 8 (3). Section Amendments with date in force (d/m/y) 2009, c. 21, s. 101 (1, 2) - 28/10/2009 2017, c. 6, Sched. 2, s. 50 - 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 Inspection of Claims
75 (1) The Tribunal or the recorder, or a person appointed by the Tribunal or the recorder, may inspect a mining claim at any time, with or without notice to the holder, for the purpose of ascertaining whether this Act has been complied with. 2017, c. 6, Sched. 2, s. 51; 2017, c. 8, Sched. 17, s. 8 (3). Limitation on inspection (2) Despite subsection (1), if at least one year has elapsed since the registration of a mining claim, or if the first prescribed unit of assessment work has been performed, filed and approved, no inspection shall be made under this section for the purpose of ascertaining whether the claim has been registered in the manner required under this Act unless ordered by the Minister under subsection 76 (5). 2017, c. 6, Sched. 2, s. 51. Reinspection (2.1)  If no notice, or less than seven clear days notice, is given to the holder before the inspection is carried out, the holder may apply to the recorder or the Tribunal for a reinspection within 15 days of the recording of the decision or within a further period of not more than 15 days as is allowed by the Tribunal.  1999, c. 12, Sched. O, s. 32; 2017, c. 8, Sched. 17, s. 7 (1). Duty to grant reinspection (2.2)  If it appears that the holder has been prejudiced by the failure to give notice or to give sufficient notice, the application for a reinspection shall be granted.  1999, c. 12, Sched. O, s. 32. View or inspection in disputes, appeals, etc. (3)  The Tribunal or recorder may in any dispute, appeal or other proceeding before him, her or it make or order, with or without notice, a view or inspection of any mining claim or of any lands or other property.  R.S.O. 1990, c. M.14, s. 75 (3); 2017, c. 8, Sched. 17, s. 7 (1, 7). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 32 - 30/06/2000 2009, c. 21, s. 38, 101 (2) - 28/10/2009 2017, c. 6, Sched. 2, s. 51 - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1, 7) - 01/04/2018; 2017, c. 8, Sched. 17, s. 8 (3) - 10/04/2018 Inspection report and subsequent cancellation of claim
76 (1) A report of each inspection, except when made merely for the purpose of a dispute, appeal or other proceeding, shall be made in writing by the inspecting officer and shall be filed in the office of the recorder, who shall forthwith enter upon the record of the claim a note stating the effect of the report and the date of the entry.  R.S.O. 1990, c. M.14, s. 76 (1). Cancelling claim upon report (2) Upon receipt of a report under subsection (1), a recorder shall, (a) notify the holder of the claim and the disputant and other interested parties, if any, of the receipt and effect of the report in the prescribed manner; and (b) if based upon the report the recorder is of the opinion that the claim should be cancelled, note on the abstract of the claim that it has been cancelled and include the fact of the cancellation in the notice given under clause (a). 2017, c. 6, Sched. 2, s. 52 (1). Appeal from cancellation (3)  An appeal from the cancellation of the claim may be taken to the Tribunal by the holder of the claim or by the disputant or other interested party, within the time and in the manner provided by section 112.  R.S.O. 1990, c. M.14, s. 76 (3); 2017, c. 8, Sched. 17, s. 7 (1). Lands open for claim registration (4) Where a mining claim is cancelled under clause (2) (b), the land in the cells on the provincial grid corresponding to the cancelled claim shall become open for the registration of mining claims at the time determined under subsection (4.1), unless the land is otherwise not open for the registration of mining claims under any other provision of this Act. 2017, c. 6, Sched. 2, s. 52 (2). Same (4.1) Lands referred to in subsection (4) shall become open for registration of mining claims, (a) at 10:00 a.m. eastern standard time or eastern daylight time, as the case may be, on the day after the time for filing a notice of an appeal expires under subsection 112 (4); or (b) if the claim holder whose mining claim was cancelled under subsection (2) files a notice of appeal under section 112 of the recorder’s decision to cancel the mining claim, at 10:00 a.m. eastern standard time or eastern daylight time, as the case may be, on the day after the day of the final disposition of the appeal. 2017, c. 6, Sched. 2, s. 52 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 76 (4.1) of the Act is amended by striking out “or eastern daylight time, as the case may be” wherever it appears. (See: 2020, c. 28, s. 4 (3)) Inspection ordered by Minister (5)  Despite subsection 48 (3), the Minister may challenge the validity of a mining claim at any time during the life of the claim and may direct the recorder or any other person to inspect the claim in accordance with section 75.  R.S.O. 1990, c. M.14, s. 76 (5); 1999, c. 12, Sched. O, s. 33 (3); 2017, c. 6, Sched. 2, s. 52 (3). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 33 (1-3) - 30/06/2000 2000, c. 26, Sched. M, s. 10 - 26/12/2000 2017, c. 6, Sched. 2, s. 52 (1-3) - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 2020, c. 28, s. 4 (3)
- not in force
77 The holder of a mining claim or the disputant or other person interested is entitled to receive from the recorder a certified copy of any report of inspection of the claim filed with the recorder.  R.S.O. 1990, c. M.14, s. 77; 1997, c. 40, s. 7; 2009, c. 21, s. 39. Section Amendments with date in force (d/m/y) 1997, c. 40, s. 7 - 18/12/1997 2009, c. 21, s. 39
- 28/10/2009 Exploration Plans and Permits
78 (1) The Minister may appoint one or more officers or employees in the Ministry as Directors of Exploration.  2009, c. 21, s. 40. Minister may act instead of Director of Exploration (2) The Minister may exercise any power and perform any duty of a Director of Exploration under this Act in place of the Director. 2023, c. 6, s. 3. Same, interpretation (3) For the purposes of subsection (2), if the Minister exercises a power or performs a duty of a Director of Exploration, a reference in any Act or regulation to a Director of Exploration in respect of the exercise or performance shall be read as a reference to the Minister. 2023, c. 6, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 21 - 30/01/1996; 1999, c. 12, Sched. O, s. 34 - 30/06/2000 2000, c. 26, Sched. M, s. 11 - 26/12/2000 2002, c. 18, Sched. M, s. 3 - 16/12/2002 2009, c. 21, s. 40
- 01/11/2012 2023, c. 6, s. 3
- 21/07/2023
78.1 Sections 78.2, 78.3, 78.5 and 78.6 apply in accordance with the regulations, subject to section 139.0.1.  2009, c. 21, s. 40; 2021, c. 34, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 40
- 01/11/2012 2021, c. 34, Sched. 12, s. 2 - 01/04/2022
78.2 (1) No person shall carry out an activity prescribed for the purposes of this section on a mining claim, mining lease or licence of occupation for mining purposes unless the person has submitted an exploration plan, in accordance with any prescribed requirements, including any Aboriginal consultation that may be prescribed.  2009, c. 21, s. 40. Activities to comply with requirements (2) All activities described in an exploration plan that are carried out shall be carried out in accordance with any prescribed requirements.  2009, c. 21, s. 40. Exploration permit required (3) If an exploration plan includes an activity prescribed for the purposes of section 78.3, the person shall not carry out any such activity unless the person has obtained an exploration permit. 2017, c. 6, Sched. 2, s. 53. Exploration permit allowed by regulation (4) Despite anything in this section, a person may apply under section 78.3 for an exploration permit to carry out an activity prescribed for the purposes of this section if permitted to do so by regulation. 2017, c. 6, Sched. 2, s. 53. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 40
- 01/11/2012 2017, c. 6, Sched. 2, s. 53 - 09/01/2018
78.3 (1) No person shall carry out an activity prescribed for the purposes of this section on a mining claim, mining lease or licence of occupation for mining purposes unless the person has applied for and been issued an exploration permit.  2009, c. 21, s. 40. Exploration permit required by Director (1.1) The Director of Exploration may, in the prescribed circumstances, require a person to obtain an exploration permit if the person is carrying out any activity that constitutes early exploration for the purposes of Ontario Regulation 308/12 (Exploration Plans and Exploration Permits) made under this Act, but is not prescribed for the purposes of this section. 2017, c. 6, Sched. 2, s. 54 (1). Application for exploration permit (2) An application for an exploration permit shall be made to a Director of Exploration, and in deciding whether to issue a permit and what terms and conditions should apply to the permit, the Director shall consider, (a) the purpose of this Act; (b) whether Aboriginal consultation has occurred in accordance with any prescribed requirements, which may include consideration of any arrangements that have been made with Aboriginal communities that may be affected by the exploration; (c) any arrangements that may have been made with surface rights owners; and (d) any other prescribed circumstances.  2009, c. 21, s. 40. Conditions (3) An exploration permit is subject to the prescribed standard terms and conditions and to any additional terms and conditions that the Director determines are appropriate.  2009, c. 21, s. 40. Same, waiver of standard terms and conditions (3.1) If permitted by regulation, the Director may, where he or she is of the opinion that it is reasonable to do so, waive some or all of the standard terms and conditions that would otherwise apply to an exploration permit. 2017, c. 6, Sched. 2, s. 54 (2). Activities to comply with requirements (4) All activities described in an exploration permit that are carried out shall be carried out in accordance with the terms and conditions of the permit and the regulations.  2009, c. 21, s. 40. Amendment or renewal of permit (5) The Director may, after considering the factors listed in subsection (2), amend or renew an exploration permit.  2009, c. 21, s. 40. Reconsideration (6) If a decision of the Director under this section is disputed in accordance with this Act or the regulations and a recommendation is made that the Director reconsider his or her decision, the Director shall reconsider his or her decision and, where appropriate, may make a new decision based on any recommendations or determinations made.  2009, c. 21, s. 40. No activities during dispute (7) If a decision of the Director under this section is disputed in accordance with this Act or the regulations, no person shall carry out any activity that is a subject of the
decision until a final determination under this Act or the regulations has been made.  2009, c. 21, s. 40. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 40
- 01/11/2012 2017, c. 6, Sched. 2, s. 54 (1, 2) - 09/01/2018
78.4 (1) Any transferee, assignee or successor of a person who submitted an exploration plan under subsection 78.2 (1) shall comply with subsections 78.2 (2) and (3) in respect of that exploration plan.  2009, c. 21, s. 40. Transferees, assignees and successors of exploration permit (2) Any permit that is issued under section 78.3 is binding upon and enforceable against any transferee, assignee or successor of the person to whom the permit was issued.  2009, c. 21, s. 40. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 40
- 01/11/2012
78.5 (1) Where it is found that a prescribed activity is being carried out in contravention of this Act or the regulations relating to exploration plans or exploration permits, an inspector or a Director may by order, (a) require that the exploration activities cease until the contraventions are addressed to the satisfaction of a Director and the order to cease activity has been revoked; or (b) where the contravention is with respect to an exploration permit, cancel the permit.  2009, c. 21, s. 40. Other permits (2) A person who submits an exploration plan or obtains an exploration permit under this section is not exempt from complying with any other requirements that are set out under this Act or any other Act.  2009, c. 21, s. 40. Offence continues (3) A person who continues an activity or causes an activity to be continued in contravention of an order made under clause (1) (a) is guilty of an offence and, in addition to any other penalty imposed under this Act, is liable on conviction to a fine of not more than $2,500 for each day the activity is continued in contravention of the order.  2009, c. 21, s. 40. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 40
- 01/11/2012
78.6 If a mining claim, mining lease or licence of occupation for mining purposes is transferred or assigned, the transferee or assignee is liable for any rehabilitation obligations imposed under this Part or under an exploration plan or exploration permit with respect to the claim, lease or licence regardless of when or by whom those obligations were created.  2009, c. 21, s. 40. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 40
- 01/11/2012 Surface Rights Compensation Surface rights compensation
80 (1) The Tribunal or the recorder may reduce the size of a mining claim registered where the surface rights have been granted, sold, leased or located by excluding a cell or cells, if, in the opinion of the Tribunal or the recorder, a smaller size is sufficient for exploring for and developing the minerals within the claim, but the reduction shall not be such that it results in the mining claim containing partial cells. 2017, c. 6, Sched. 2, s. 56 (1); 2017, c. 8, Sched. 17, s. 8 (3, 5). Exclusion of part of surface rights (2)  The Tribunal or the recorder may exclude from any mining claim such part of the surface rights as may be necessary for the occupation and utilization of buildings or improvements erected or made thereon prior to the time the claim was registered.  R.S.O. 1990, c. M.14, s. 80 (2); 2009, c. 21, s. 101 (2); 2017, c. 8, Sched. 17, s. 7 (1); 2017, c. 6, Sched. 2, s. 56 (2). Section Amendments with date in force (d/m/y) 2009, c. 21, s. 101 (2)
- 28/10/2009 2017, c. 6, Sched. 2, s. 56 (1, 2) - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1, 8) - 01/04/2018; 2017, c. 8, Sched. 17, s. 8 (3, 5) - 10/04/2018 Issue of Lease for Mining Claim Lease of mining claim
83 (1) The holder of a lease issued under this Act, upon application to the Minister, and upon the surrender of the lease, may be issued one or more replacement leases in exchange for that lease, on such terms and conditions as the Minister considers appropriate.  2009, c. 21, s. 44. No expansion of rights (2) A replacement lease issued under subsection (1) shall not include surface rights or mining rights that were not included in the surrendered lease.  2009, c. 21, s. 44. Separate surface rights and mining rights (3) A holder, upon so requesting in the application under subsection (1), may be issued separate replacement leases for the surface rights and for the mining rights for the land, provided that the surrendered lease is for both mining rights and surface rights, but land held under a replacement lease for surface rights shall be used solely for mining purposes.  2009, c. 21, s. 44. Terms of replacement leases (4) Replacement leases issued under subsection (1) or (2) may be for a different tenure than that of the original lease, but they shall, (a) in the case of one replacement lease, cover the same area of land as the surrendered lease covered or a smaller area; (b) in the case of two or more replacement leases, cover together the same area of land as the surrendered lease covered or a smaller area; (c) be for a term equal to the balance of the surrendered lease; and (d) be at the applicable rental rate per hectare, as prescribed.  2009, c. 21, s. 44. Application of s. 81 (5) Subsections 81 (6), (6.1), (6.2), (6.3), (8), (10), (11), (12), (13) and (14) apply with necessary modifications to leases issued under this section.  2009, c. 21, s. 44; 2020, c. 34, Sched. 8, s. 5 (1). Consolidation of leases (6) The holder of two or more leases of the same tenure may apply to the Minister to have the leases consolidated into a single lease.  2009, c. 21, s. 44. Interest (7) Where payment of the rental under a lease is not paid within the required time, interest at the prescribed rate, compounded annually, shall be added to the amount owing in each year that the amount remains unpaid.  2009, c. 21, s. 44. Reduction or waiver of interest owing (8) The Minister may reduce or waive the amount of any interest added to rental payments under subsection (7). 2020, c. 34, Sched. 8, s. 5 (2). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 23 - 30/01/1996; 1997, c. 40, s. 7 - 18/12/1997; 1999, c. 12, Sched. O, s. 37 - 30/06/2000 2009, c. 21, s. 44
- 04/04/2011 2020, c. 34, Sched. 8, s. 5 (1, 2) - 08/12/2020
85 The lands, surface rights or mining rights held under a lease that has been or will be issued under this Act shall be used solely for the purposes of the mining industry, and, in default thereof and on the recommendation of the Tribunal, the Lieutenant Governor in Council may declare the lease void, and subsections 81 (11), (12) and (13) apply.  R.S.O. 1990, c. M.14, s. 85; 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
85.1 (1) If an adjoining fraction or gore is identified that the Minister determines should form part of a lease of a mining claim, the Minister may direct that the fraction or gore be included in the lease without the fraction or gore being registered as a mining claim. 2020, c. 34, Sched. 8, s. 7. Same (2) Subsection (1) applies regardless of whether the fraction or gore is identified through the surveying of the mining claim in relation to an application for the lease or at some other time before the issuance of the lease. 2020, c. 34, Sched. 8, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 8, s. 7 - 08/12/2020
86.1 Every lease issued under this Act, including leases issued or renewed before the enactment of this section, shall include or be deemed to include the following provision: The Lessee’s rights under this lease are subject to the protection provided for existing Aboriginal or treaty rights in section 35 of the Constitution Act, 1982 and the Lessee shall conduct itself on the demised premises in a manner consistent with the protection provided to any such rights. 2009, c. 21, s. 46. Section Amendments with date in force (d/m/y) 2009, c. 21, s. 46
- 28/10/2009