Act
An update to proposal notice 012-0575: regarding the proposed approach to conversion of legacy* mining claims to cell-based claims
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Mining Amendment Act, 2009
Summary of Proposal:
The Ministry of Northern Development and Mines (MNDM) published a new proposal on the Environmental and Regulatory Registries of Ontario regarding the implementation of online staking and modernized mining lands administration in Ontario (Nov 29, 2013 - Jan 31, 2014). The proposal (EBR#:012-0575) entitled: A proposal for legislative amendments to the Mining Act discussed the next step of the ongoing Mining Act Modernization process (MAM), which aims to implement province-wide online staking of mining claims, and modernize the way mining lands are administered in Ontario.
Updated Proposal: Upon careful review and consideration of the analysis and lessons learned from other jurisdictions, MNDM proposes that a province-wide one time conversion of legacy claims is more suitable to Ontario, as it would be more consistent with the five key principles of Ontario's mining lands tenure system.
Proposed Conversion Strategy -simplified steps
1. Claim Map Updating: transition period in which MNDM clarifies and reconciles claim boundaries to create a more accurate map of existing mining claims based on GPS coordinates and other information provided by the claim holders; Claim holders would see how their existing claims would line up with the provincial grid.
2. Delineation: The point at which the legacy claim would be legally where it is shown on the provincial grid; described by the corner coordinates, not by a post on the ground. Claim holders would know the exact boundaries and the cells to which their legacy claims would be converted.
3. Conversion: MNDM would implement conversion, taking into account claim holders' input and in a controlled and fair environment, legacy claims would become cell-based claims. Tenure information for legacy claims, including the claim abstract, due dates/anniversary date, matters recorded on the abstract and the legacy claim fabric would be preserved and accessible.
4. Notifications: Claim holders would be notified of the conversion and provided with a precise description of the cell-based claim and its boundaries as well as sufficient time and clear rules for claim maintenance and management (eg. Assessment work credit distribution). MNDM would notify surface rights owners and Aboriginal communities on the claim holder's behalf - as appropriate.
Benefits of the proposed conversion strategy: Voluntary conversion may lead to less certainty of tenure; would result in a less efficient mining lands administration, and uncertain completion date for the conversion process. The proposed conversion process would provide: a) more enhanced certainty of tenure/claim boundaries and b) more efficient and effective administration of mining lands.
* Mining claims that are staked by methods of ground-staking or paper map-staking
Updated Proposal: Upon careful review and consideration of the analysis and lessons learned from other jurisdictions, MNDM proposes that a province-wide one time conversion of legacy claims is more suitable to Ontario, as it would be more consistent with the five key principles of Ontario's mining lands tenure system.
Proposed Conversion Strategy -simplified steps
1. Claim Map Updating: transition period in which MNDM clarifies and reconciles claim boundaries to create a more accurate map of existing mining claims based on GPS coordinates and other information provided by the claim holders; Claim holders would see how their existing claims would line up with the provincial grid.
2. Delineation: The point at which the legacy claim would be legally where it is shown on the provincial grid; described by the corner coordinates, not by a post on the ground. Claim holders would know the exact boundaries and the cells to which their legacy claims would be converted.
3. Conversion: MNDM would implement conversion, taking into account claim holders' input and in a controlled and fair environment, legacy claims would become cell-based claims. Tenure information for legacy claims, including the claim abstract, due dates/anniversary date, matters recorded on the abstract and the legacy claim fabric would be preserved and accessible.
4. Notifications: Claim holders would be notified of the conversion and provided with a precise description of the cell-based claim and its boundaries as well as sufficient time and clear rules for claim maintenance and management (eg. Assessment work credit distribution). MNDM would notify surface rights owners and Aboriginal communities on the claim holder's behalf - as appropriate.
Benefits of the proposed conversion strategy: Voluntary conversion may lead to less certainty of tenure; would result in a less efficient mining lands administration, and uncertain completion date for the conversion process. The proposed conversion process would provide: a) more enhanced certainty of tenure/claim boundaries and b) more efficient and effective administration of mining lands.
* Mining claims that are staked by methods of ground-staking or paper map-staking
Further Information:
Link to Environmental Registry
Proposal Number:
14-MNDM003
Posting Date:
November 7, 2014
Comments Due Date:
December 22, 2014