Proposal

New Regulatory Provisions under the General Regulation 113/91 of the Mining Act - Withdrawing/ Reopening Crown mining rights on lands with surface rights owners.

Regulation Number(s):
N/A
Bill or Act:
Mining Act
Summary of Proposal:
Proposal (A): Criteria considered

In Northern Ontario, a surface rights owner may apply to the Minister to have Crown- owned mining rights withdrawn from staking and exploration. In making a decision for a withdrawal, the Minister shall consider the mineral potential of the land and any other criteria that may be prescribed. (S. 35.1 (8), (9) of the Mining Act)

The Ministry proposes that for the purposes of making a decision on the withdrawal of Crown mining rights, the criteria the Minister would consider may include:

• Whether there are mine hazards or other rehabilitation concerns related to the lands
• The size of the land area
• The current and past use of the land.

Note: The Ministry contemplates using a standard form as an application for an Order withdrawing mining rights in Northern Ontario. The applicant would provide pertinent information on the form such as: the name of the surface rights owner(s), the legal description of the land under consideration, encumbrances against the land, proof of ownership, reason for seeking a withdrawal, other existing rights on the land.


Proposal(B) Manner of reopening:

A surface rights owner may apply to have part or all of an area previously withdrawn re-opened to staking. (S. 35.1 (12) of the Mining Act)

The Ministry proposes that a regulation provision be made to require that such request to be made to the Minister in writing.

Note: The Ministry contemplates using a standard form as an application for an Order reopening mining rights in Northern Ontario. The applicant would provide pertinent information on the form such as: the name of the surface rights owner, a legal description of the land or part of the land under consideration, encumbrances against the land, proof of ownership.

If mining rights are reopened for staking, they would be subject to competitive claim staking and exploration.
Further Information:
Proposal Number:
10-MNDMF004
Posting Date:
October 1, 2010
Comments Due Date:
November 15, 2010
Contact Address:
Ministry of Northern Development, Mines and Forestry
Room 5630 Whitney Block
Queens Park
99 Wellesley St. W.
Toronto ON
M7A 1W3