Review of mining lands policies

ERO number
013-2781
Notice type
Policy
Act
Mining Act, R.S.O. 1990
Posted by
Ministry of Northern Development and Mines
Notice stage
Proposal
Proposal posted
Comment period
May 3, 2018 - June 2, 2018 (30 days) Open

This consultation closes at 11:59 p.m. on:
June 2, 2018

Proposal summary

We are preparing to implement Phase 3 of the Mining Act Modernization (MAM), which includes the following: conversion of existing mining claims, online mining claim registration and a new mining lands administration system.

Proposal details

On April 10, 2018, Phase 3 of MAM) will be launched. Mining claims administration under the new Mining Lands Administration System (MLAS) will become much more efficient and cost effective than the current paper-based system. Clients will be able to carry out many transactions themselves on the MLAS and activities that used to be manual relying on a paper-based process will be done automatically via the MLAS.

We reviewed our current policies to ensure they would support the new MLAS. Many policies are being updated to replace terminology that will no longer be used such as replacing “staking” with “mining claim registration”, and references to the “Mining and Lands Commissioner” will be replaced by the “Mining and Lands Tribunal”.

In addition to editorial changes, we are also consolidating and reducing the total number of policies needed to support the new MLAS. Some of the policies were removed as they were no longer needed, or some moved to a directive or procedure. The policies described below include a link to the existing policy, and will require extensive revisions.

General administration

Relief from forfeiture of mining lands

The policy will explain when an application for relief from forfeiture, annulment of forfeiture or annulment of termination can be requested and granted for unpatented mining claims, mining lands/mining rights or mining leases under Section 185 of the Mining Act. Link to Current Policy

Extension of time: for performing and filing work

Under subsection 73 (1) of the Act, a Recorder may grant an extension of time for performing assessment work or filing a report on such work if the conditions set out in regulations are met. The Assessment Work Regulation (O. Reg. 65/18) provides two conditions: an extension of time cannot exceed one year; and there cannot be extension of time if there are sufficient assessment work credits in the claim’s reserve to meet the required units of assessment work. This policy is being drafted and will provide additional guidance on considerations that may affect whether or not a recorder will grant an extension of time request. See the Assessment Work Regulation for more detail.

Exclusion of time

Pursuant to the Mining Act a claim holder can in certain circumstances obtain an order, called an exclusion order that will relieve them of the obligation to perform and report assessment work for a specified time period. The purpose of this policy is to provide guidance to claim holders and decision-makers on the circumstances when an exclusion of time may be issued. Link to Current Policy

Assessment work reporting

The majority of the assessment work policies were explained in either the Assessment Work Regulation or the Technical Standard. The following are being considered for this policy:

  • Prescribe conditions on what expenses related to consultations with Aboriginal communities may be determined to be eligible and method of submission;
  • Provide criteria for assays and analyses that must be collected and submitted; and
  • Outline the prescribed conditions for mobilization and/or demobilization expenses that may be eligible for reporting

Supporting materials

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