The Ontario government has introduced proposed amendments
to the Mining Act that would create an online registration
system for mining claims and an electronic mining land
administration system. The proposed online claim registration
system would replace the current ground staking and paper map
staking system, providing a less intrusive and more accurate claim
staking procedure. The electronic mining land administration system
would allow for the online transaction of all matters relating to
mining land administration. The Ontario government intends for
these improvements to facilitate prospecting, claim registration
and exploration in the province, as well as enhance the
Province's global competitiveness in the mining industry.
The online claim registration system should be faster, less
intrusive to landowners and the environment and allow for increased
precision in the determination of the boundaries of mining claims,
as claims would be registered by reference in a system of pre-set
cells on a prescribed grid overlaid on a map of the Province. The
fully electronic mining land administration system will allow users
to manage all of their mining lands files online, providing faster,
more streamlined access to files.
The government has suggested that existing holders of mining
claims should work with the Ministry of Northern Development and
Mines and the Provincial Mining Recorder to geo-reference their
existing claims in advance of the integration of the existing claim
system into the online claim registration system.
Following the introduction of the online claim registration
system, those with pre-existing claims and other interests should
check to ensure that trust interests are properly registered and
delineated in the new cell system and that liens, orders, royalties
and other interests affecting those claims are properly brought
forward. The proposed amendments prohibit claims against the Crown
and its employees for errors in the conversion process and the
deprivation of rights due to an error in the conversion process
will not be considered an expropriation, putting further emphasis
on ensuring claims are accurately transferred.
The proposed Mining Amendment Act, 2015 is the third
phase of the larger Mining Act Modernization process introduced by
the Ontario government in connection with the Ontario Mineral
Development Strategy released in 2006. Prior legislation introduced
in earlier phases focused on improving the claim staking process as
it related to private landowners, introducing new requirements for
exploration plans and exploration permits, introducing the use of
GPS co-ordinates in the grid staking regime, and clarifying the
requirements for Aboriginal consultation.
Once approved by the provincial legislature, the Mining
Amendment Act, 2015 would be implemented over the next two
years, with the online claim registration system and fully
operational electronic mining land administration system targeted
for introduction in the summer of 2017.
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guide to the subject matter. Specialist advice should be sought
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