Review of mining lands policies

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

This consultation was open from:
May 3, 2018
to June 2, 2018

Decision summary

We amended Mining Lands Policies to support the implementation of a new electronic Mining Lands Administrative System (MLAS). The amendments reflect the functionality of the MLAS and legislative changes.

Decision details

Mining Lands Administrative System

The MLAS is a new, online system that administers mining lands, registers mining claims, and replaces a previous paper-based system. In addition to editorial changes, the following policies were reviewed and revised to add clearer language and additional explanations, and to remove repeated descriptions already included in the Mining Act or its regulations.

Amendments to the policies

Extension of Time: For Performing and Filing Work

This policy provides direction to claim holders and decision-makers on how a recorder will consider requests for an extension of time to file work. We changed the title to Extension of Time for Assessment Work: Due Dates for Mining Claims. to clarify the contents of the policy and to differentiate it with the Exclusion of Time policy.

Exclusion of Time

This policy provides direction claim holders and decision-makers on how a Recorder or the Minister will consider requests for an exclusion of time. We changed the title to Exclusion of Time for Performing and/or Filing Assessment Work to clarify the contents of the policy and differentiate it with the Extension of Time policy.

Both Extension and Exclusion of Time policies explain how new due dates and anniversary dates are set and provide examples. We made final decisions on these two policies on November 7, 2018.

Assessment Work Reporting

This policy provides guidance to clients on reporting and assessing work reporting that may not be explained in the Assessment Work Regulation, Directors or the Technical Standards.

Relief from Forfeiture of Mining Lands

This policy provides direction to claim holders and decision-makers on relieving unpatented mining claims from forfeiture. We changed the title to Relief from Forfeiture of Unpatented Mining Claims as this policy will focus specifically on relief for unpatented mining claims. We will complete another policy for relief from forfeiture of other types of mining lands.

Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

We reviewed and considered the comments we received. We did not make changes as a result. The one e-mail comment we received welcomed the defined distinction between “Exclusions of Time” vs “Extensions of Time”. Each term is explained in detail within each policy. The policies will provide improved explanations from the previous versions.

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Original proposal

ERO number
013-2781
Notice type
Policy
Act
Mining Act, R.S.O. 1990
Posted by
Ministry of Northern Development and Mines
Proposal posted

Comment period

May 3, 2018 - June 2, 2018 (30 days)

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

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 May 3, 2018
to June 2, 2018

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