Changing the process for registering and managing mining claims

Original title

Proposed new regulations, Assessment Work Regulation and Mining Claim Regulation and the revocation of Assessment Work Regulation (O. Reg. 6/96) and the Claim Staking and Recording Regulation (O. Reg. 43/11), supporting the implementation of MAM Phase III and Bill 39 amendments to the Mining Act.

Update

Proposed New Assessment Work Regulation

The new assessment work regulation will allow claim holders to manage their assessment work credits through the MLAS and will introduce new terminology, including Assessment Work Manager, and new rules that reflect cell claims and boundary claims on the provincial grid, with updated rules for amounts of required assessment work, banking of assessment work credits and the distribution of assessment work credits to and from mining claims.

Currently, to keep recorded mining claims in good standing with the Province, claim holders must carry out exploration work on their claims (assessment work) and report it to the ministry annually. This shows the claim holder is actively exploring for minerals, and the government receives geoscience data about its mineral resources. If they fail to do this assessment work and file an assessment work report, their claims will be cancelled.

The process for filing assessment work is paper-based. The move to the online MLAS system will allow claim holders to file assessment work reports and other documents digitally, eliminating paper forms. The current Electronic Assessment System (EAS) for providing assessment work reports and supporting documents will no longer be available, as it will be replaced by MLAS.

Technical details around the provision of reports and data in support of the submission of assessment work reports will be moved out of regulation to a separate technical standards document.

The new Assessment Work Regulation will include changes to the current assessment work rules, which were developed in extensive consultation and input from Indigenous groups, industry, and the public through the Minister’s Mining Act Advisory Committee, the Environmental and Regulatory Registries, focused information sessions, and mining symposia.

Proposed New Mining Claim Regulation

Revocation Claim Staking and Recording Regulation O. Reg. 43/11

Ontario Regulation 43/11 will be revoked as the staking and recording of mining claims will cease and will be replaced with the new online registration of mining claims. The new Mining Claim Regulation will provide for a range of technical details about the new system of mining claim registration and administration. The regulation will include provisions addressing:

• new terminology reflecting the new types of mining claims details about registration including the limit on multi-cell claims,
• details dealing with transactions relating to mining claims including amalgamation, transfers
• provisions around the abandonment, voluntary surrender of a mining claim

Description of regulation

MNDM proposes that the current Assessment Work Regulation (O. Reg. 6/96) and the Claim Staking and Recording Regulation (O. Reg. 43/11) will be revoked and replaced by a new Assessment Work Regulation and a new Mining Claim Regulation. These will reflect the technical changes to the Mining Act in Schedule 2 of the Bill 39, the Aggregate Resources and Mining Modernization Act, 2017.

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). Clients will be able to manage their claims, and perform transactions 24 hours a day/7 days a week, by online access to MLAS.

These amendments are not in force yet, while implementing regulations are being developed.

There may be changes to the requirements for mining claim surveys to reflect the new cell-based mining claims.

Purpose of regulation

The purpose of this proposal notice is to notify the public about revoking two regulations and replacing them with two proposed new regulations, while under the Mining Act:

1. to advise the public of a new regulation providing details as to the process for registering and managing mining claims in the MLAS.
2. to advise the public of changes to the Assessment Work Regulation.

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 September 06, 2017. Comments were to be received by October 21, 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.