There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.
This consultation was open from:
April 15, 2021
to May 25, 2021
Decision summary
We will be establishing a public registry for licences of occupation under the Mining Act. The public will be able to easily access this new registry through the Mining Lands Administration System (MLAS).
Decision details
The Provincial Recording Office will maintain a “registry” that includes the licence of occupation registry, once the relevant amendments to the Mining Act have been proclaimed, and the related regulations have been filed. The new registry will include information such as records, maps, and information about mining claims and claim/licence holders.
The registry provides certainty to the public about the type of information that is available. This will allow the public to access the information in a more consistent, timely and efficient manner
A licence of occupation is a form of mining tenure issued under the Mining Act. While the authority to issue licences of occupation still exists, they are generally no longer issued and are considered legacy forms of tenure. Historically, if a mining claim was covered partially by water, a licence of occupation was granted for the water area of the claim, as patents typically could not include the water portion. These mining licences of occupation were granted to give the holder of that licence the right to dig for and excavate minerals from under the bed of the water. Each licence of occupation has specific terms that grant the holders certain rights.
The new Mining Act sections are expected to be proclaimed once the licence of occupation registry is developed and is ready to launch. Potential amendments to related regulations will be filed in the upcoming months, before proclamation of the relevant Mining Act sections.
Effects of consultation
Only one comment was received. The commenter articulated support for any initiative that would make more information about land uses publicly available. We agree that it is in the public interest to make it easier for the public to access information regarding mining licenses of occupation.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Connect with us
Contact
Michelle Watkins
933 Ramsey Lake Road
Level B6
Sudbury,
ON
P3E 6B5
Canada
Original proposal
Why consultation isn't required
Under the Environmental Bill of Rights, this proposal does not require consultation as there are no anticipated potentially significant environmental impacts with the proposed amendment. However, given the environmental significance of the Mining Act, the ministry is voluntarily posting this notice for comment.
Proposal details
The Provincial Recording Office maintains a mining claims registry that includes records, maps and information about mining claims and claim holders. This registry is accessible to the public through MLAS.
Currently, however, there is no similar registry for licences of occupation. In order to access the information that the Ministry holds about licences of occupation, the public must make a written request to the Provincial Recording Office or physically attend at an office.
Industry representatives have asked for this information to be more easily accessible in a similar way as mining claim information currently is.
Licences of occupation include:
- Mining licences of occupation (MLO), which are licences that allow for the extraction of minerals located under beds of water.
- Exploratory licences of occupation (ELO), which are licences that allow for the exploration of tracts of land and/or land under water.
The process for issuing licences of occupation under the existing Mining Act regime requires the approval of the Lieutenant Governor in Council. They are generally issued to allow for exploration for minerals in areas that are not open to claim registration.
The public registry would provide certainty to the public about the type of information that is available. It would allow the public to access the information in a more consistent, timely and efficient manner and assist research being undertaken about Ontario’s mineral industry.
Establishing this public registry requires amendments to the Mining Act and potentially regulations thereunder. The amendments will likely be similar to the existing provisions that provide the authority for the mining claims registry.
By including information on licences of occupation in a public registry, the burden to request this information from the Provincial Recording Office is removed.
- Requesters currently pay a fee of $15/hour for ministry staff to gather the information and produce a report. The Ministry typically receives approximately 10 requests per month, an estimation in savings annually of $1800.
- For companies or financiers doing due diligence into potential acquisitions or financings, transactional costs would be reduced.
There is no expected increase or reduction of regulatory compliance requirements anticipated with the proposed amendments.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Comment
Commenting is now closed.
This consultation was open from April 15, 2021
to May 25, 2021
Connect with us
Contact
Michelle Watkins
933 Ramsey Lake Road
Level B6
Sudbury,
ON
P3E 6B5
Canada
Comments received
Through the registry
0By email
1By mail
0