41 (1) Despite the provisions of a licence of occupation, there shall be paid, in advance, the prescribed annual rental for the licence of occupation.  R.S.O. 1990, c. M.14, s. 41 (1). When annual rental to be paid (2)  Where a licence of occupation does not specify a date for the payment of the annual rental, the annual rental shall be paid on the anniversary of the effective date of the licence.  R.S.O. 1990, c. M.14, s. 41 (2). Interest (2.1)  Where payment of the rental under any such licence is not paid within the required time, interest at the prescribed rate, compounded annually, shall forthwith be added to the amount owing in each year that the amount remains unpaid.  1999, c. 12, Sched. O, s. 16. Reduction or waiver of interest owing (2.2) The Minister may reduce or waive the amount of any interest added to rental payments under subsection (2.1).  2002, c. 18, Sched. M, s. 2. Termination of licence of occupation (3)  Where payment of the rental under any such licence is in arrears for two years or more, the licence may be terminated by an instrument in writing, and all rights and powers therein contained as well as all rights and claims of the licensee, his or her successors or assigns, in or to the lands covered by the licence, cease, but the lands or mining rights contained therein are not open for prospecting, mining claim registration, sale or lease under this Act until a date fixed by the Deputy Minister, at least two weeks’ notice of which shall be published in The Ontario Gazette.  R.S.O. 1990, c. M.14, s. 41 (3); 2009, c. 21, s. 101 (4); 2017, c. 6, Sched. 2, s. 24. Reinstatement (4)  Where there is no adverse interest, the Minister may, upon such terms as the Minister considers just, reinstate a licence terminated under subsection (3).  R.S.O. 1990, c. M.14, s. 41 (4). Recording of termination, reinstatement (4.0.1) The termination or reinstatement of a licence of occupation under this section shall be recorded in the licence of occupation registry. 2021, c. 25, Sched. 14, s. 5. Licence challengeable only by Minister (4.1) With the exception of the Minister, no person may, for any reason, challenge the validity of a licence of occupation.  2002, c. 18, Sched. M, s. 2. When Minister may challenge (4.2) The Minister may challenge the validity of a licence of occupation at any time.  2002, c. 18, Sched. M, s. 2. Restriction on transfer etc. (5) A licence or the term or terms that it creates shall not be transferred, mortgaged, charged, sublet or made subject to a debenture without the written consent of the Minister or an officer duly authorized by the Minister.  2000, c. 26, Sched. M, s. 4. Lease may be issued under s. 81 (6)  The holder of a licence of occupation, upon application in writing therefor and upon the surrender of the licence of occupation, may be issued a lease under section 81 and the rental for each year of the term thereof shall be that prescribed for the purposes of section 81 for years after the first year of a term.  R.S.O. 1990, c. M.14, s. 41 (6). Application (7)  This section applies only to a licence of occupation issued under section 52 of The Mining Act, being chapter 241 of the Revised Statutes of Ontario, 1960, or any predecessor thereof, and any licence of occupation heretofore issued without a provision for an annual payment.  R.S.O. 1990, c. M.14, s. 41 (7). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 16 - 30/06/2000 2000, c. 26, Sched. M, s. 4 - 26/12/2000 2002, c. 18, Sched. M, s. 2 - 16/12/2002 2009, c. 21, s. 101 (4)
- 28/10/2009 2017, c. 6, Sched. 2, s. 24 - 10/04/2018 2021, c. 25, Sched. 14, s. 5 - 01/02/2022