New regulation and amendments to existing regulations to help transition to the new Mining Lands Administration System

Updates

Changes to Current Ontario Regulation 6/96

In preparation for Phase III and online mining claim registration, MNDM has implemented a process of reviewing existing recorded mining claim locations as shown on its CLAIMaps to make them as accurate as possible before they would need to be converted into new digital claims in Phase III. In Phase II, MNDM required applicants who wished to record new mining claims (staked as of Nov. 1, 2012) to provide Global Positioning System (GPS) data for claim posts to ensure more accurate boundaries. The Ministry also amended O. Reg. 6/96 to create an incentive for claim holders of already recorded claims (that had been ground staked in unsubdivided areas of the Province) to obtain assessment work credits for providing GPS data for their claim posts. MNDM has received considerable GPS data in response to this incentive, which has provided more accurate locational data on current mining claims. That incentive, under subsection 3.1(1) was intended to be time-limited. It has served its purpose and the amendment proposed for O. Reg. 6/96 is the removal of that incentive.

Proposed New Staking Hiatus and Transition regulation

The proposed new regulation is another step towards implementation of MAM Phase III. Existing mining claims have been undergoing a transition process to make their boundaries and location as accurate as possible on the existing CLAIMaps system in preparation for those claims being converted to new, digital mining claims on the MLAS. MNDM has proposed to convert all existing recorded mining claims in Ontario to new digital claims all at once, on the conversion date, a date that has yet to be determined and which will be set by a Minister’s regulation. Before conversion can occur, existing mining claims (legacy claims) will have a final determination made as to their location based on coordinates and the location will be delineated against the provincial grid. At that point, legacy claims will be defined by their location on the provincial grid and not by the location of claim posts in the ground.

To allow for that final determination process and other transition steps needed to prepare for conversion and the launch of the online claim registration system, there must be a temporary halt to the creation of new mining claims. Some activities and transactions will also be suspended, where they would affect the status, location, boundaries, registered holder of a legacy claim, and to allow staff to focus on the transition process during this hiatus period.

Another important part of the new regulation is setting out how clients can provide input into the eventual conversion of their legacy claims, by grouping their claim holdings and indicating whether or not their legacy claims should merge together on conversion where more than one of their legacy claims fall within a cell. The regulation will explain how the clients can make those choices through what is called a Claim Boundary Report (CBR).

The staking hiatus and transition period is anticipated to be for a minimum of 90 days, with a targeted start date of November 1, 2017. There will be an anticipated 30 day period for clients to submit a CBR.

More information on matters covered in the Staking Hiatus and transition regulation follows.

• During the staking hiatus and transition period, certain activities will not be permitted, including:
  • staking a mining claim,
  • transfers of mining claims,
  • assessment work report submissions,
  • distributions of assessment credits,
  • payments in place of assessment work

Further clarification for some transactions:

• Submission of exploration plans and permits for early exploration activities under O. Reg. 308/12 may be suspended for a shorter period of time within the staking hiatus period.
• Prospectors’ licences may be renewed during a portion of the staking hiatus. For those licences coming due during the time that licences cannot be renewed, provisions will be put in place to allow licensees to renew their licences after the launch of the new mining lands administration system.
• Other matters such as Court orders, or Mining and Land Commissioner’s orders will be dealt with on a case by case basis.
• Since the submission of assessment work reports will be suspended and the Electronic Assessment System will not be operational, the ministry will extend the anniversary dates of mining claims by one calendar year, for claims with anniversary dates that fall on the date the staking hiatus takes effect, and for a period of nine months after that date. The assessment work requirement will not be excluded but the claim holder will have an extra year to do the work and file the necessary assessment work report. The ministry has committed that no claims will cancel during the staking hiatus and clients would be given extra time to review their claim packages without the fear of claims cancelling or assessment not being filed.

Description of regulation

The proposed change to the current Assessment Work Regulation O. Reg. 6/96 and the proposed new regulation will support proposed amendments to Ontario’s Mining Act, pending enactment of Bill 39. The proposed changes to Ontario’s Mining Act are part of the Mining Act Modernization (MAM) process that began in 2009 with Bill 173. MAM has been implemented in phases and these current changes are part of Phase III of MAM.

With MAM Phase III, Ontario will move from ground staking and paper staking of mining claims to online mining claim registration and a new electronic mining lands administration system (MLAS), which will allow clients access online 24/7.

Purpose of regulation

The purposes of this proposal notice for an amended regulation and a new regulation are:

1. to advise the public that the province is proposing to halt the ground and paper staking of mining claims across the Province for a period of time, also known as a staking hiatus.
2. to advise the public of changes to the current assessment regulation and changes to halt certain other activities with respect to mining claims.

In addition, the purpose of this posting process is:

3. to provide 45 days for the public to comment on the regulatory proposal, as outlined in this notice, by directing their comments online or to the contact person noted.

Public consultation

This proposal was posted for a 45 day public review and comment period starting April 24, 2017. Comments were to be received by June 08, 2017.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.