Mining Amendment Act, 2015 Gravelle, Hon. Michael Minister of Northern Development and Mines — Bill 155 (41st Parliament, 1st Session)

Bill 155, 41-1

Ontario — Bills

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Bill 155, Mining Amendment Act, 2015

Gravelle, Hon. Michael Minister of Northern Development and Mines

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[41] Bill 155 Original (PDF)

Bill 155 2015

An Act to amend the

Mining Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

(1) The

definition of "anniversary date" in subsection 1 (1) of the Mining Act is repealed and the following substituted:

"anniversary

date", when referring to a mining claim, means,

(

a) with

respect to a mining claim that is registered in the mining claims registry

under

section 38, the date that occurs at annual intervals after the registration

of the claim,

(

b) with

respect to a mining claim that was converted from a legacy claim and deemed to

be registered as a cell claim or a boundary claim under

section 38.2 or converted

from a boundary claim and deemed to be registered as a cell claim under

section

38.3, the date that was the anniversary date of the legacy claim or the

boundary claim immediately before the day of the conversion or such other date

as may be determined in accordance with the regulations,

(

c) the

date determined under clause (

a) or (

b) as adjusted under subsection 64 (5) or

67 (2), where applicable, or

(

d) such

other date as may be determined in accordance with the regulations; ("date

anniversaire")

(2) Subsection 1 (1) of the Act is amended

by adding the following

definitions:

"boundary

cell" means a cell on the provincial grid, which, as a result of the conversion

of legacy claims to mining claims under

section 38.2, contains one or more

boundary claims; ("cellule mixte")

"boundary claim" means the part of a legacy claim that on

the conversion date under

section 38.2 is located within a cell on the

provincial grid and is converted to a boundary claim in accordance with

paragraph 3, 5 or 6 of subsection 38.2 (2); ("claim sur cellule mixte")

"cell claim" means a mining claim, other than a boundary

claim, relating to all of the land included in one or more cells on the

provincial grid, subject to the limitations set out in subsection 38 (5); ("claim

sur cellule")

(3) The

definitions of "ground staking" and "in place" in subsection 1 (1) of the Act

are repealed.

(4) Subsection 1 (1) of the Act is amended

by adding the following definition:

"legacy claim" means a parcel of land, including land

under water, that, before the day

section 21 of the Mining

Amendment Act , 2015 comes into force, was staked and recorded as

a mining claim, as that term was defined before the day subsection 1 (6) of the

Mining Amendment Act, 2015 comes into force; ("ancien

claim")

(5) The

definitions of "map staking" and

"metal tag" in subsection 1 (1) of the Act are repealed.

(6) The definition of "mining claim" in

subsection 1 (1) of the Act is repealed and the following substituted:

"mining

claim" means a parcel of land, including land under water, on which a mining

claim is registered in accordance with subsection 38 (2), or is deemed to have

been registered under

section 38.2 or 38.3, on or after the day

section 21 of

the Mining Amendment Act, 2015 comes into force,

and includes a cell claim and a boundary claim; ("claim")

(7) Subsection 1 (1) of the Act is amended

by adding the following definition:

"mining

claims registry" means the mining claims registry described in

section 7; ("registre

des claims")

(8) Clause (

b) of the definition of "mining

lands" in subsection 1 (1) of the Act is repealed and the following substituted:

(

b) lands

or mining rights that are located, registered as a mining claim or used or

intended to be used for mining purposes, and

(9) Subsection 1 (1) of the Act is amended

by adding the following definition:

"mining

lands administration system" means the Ministry's administration system for

mining lands as established by the Minister under

section 4.1; ("système

d'administration des terrains miniers")

(10) The definition of "Minister" in

subsection 1 (1) of the Act is repealed and the following substituted:

"Minister"

means,

(

a) with

respect to all provisions in this Act other than those listed in clause (b),

the Minister of Northern Development and Mines or such other member of the

Executive Council to whom responsibility for the administration of the provisions

may be assigned or transferred under the Executive Council

Act , and

(

b) with

respect to

section 92 and

Part IV, the Minister of Natural Resources and

Forestry or such other member of the Executive Council to whom responsibility

for the administration of the provisions may be assigned or transferred under

the Executive Council Act ; ("ministre")

(11) Subsection 1 (1) of the Act is amended

by adding the following

definitions:

"provincial grid" means

the prescribed digital representation of the province of Ontario, divided into

unique cells each measuring 15 seconds latitude by 22.5 seconds longitude; ("grille

provinciale")

"registration" when

used in respect of a mining claim, means the registration of the mining claim

in accordance with this Act and includes a deemed registration under

section

38.2 or 38.3, and related terms such as "register", "registered" and "registering"

have a corresponding meaning; ("inscription")

(12) The

definition of "valuable mineral in place" in subsection 1 (1) of the Act is repealed.

Section 2 of the Act

is amended by striking out "staking" and substituting "registration of mining

claims".

3. The Act is amended by

adding the following section:

Mining lands administration system

4.1

(1) The

Minister shall establish and maintain an electronic administration system, to

be known as the mining lands administration system, for all or some of the

following purposes:

1. Administering

public lands for mining purposes and for the purposes of the mineral industry,

in a manner that is consistent with subsection 4 (1).

2. Administering

this Act with respect to,

i. prospectors'

licences,

ii. mineral

tenure, including mining rights, mining leases, licences of occupation for mining

purposes and mining claims,

iii. exploration

plans and exploration permits, and

iv. such

other matters concerning mining administration as may be prescribed.

3. Allowing

licensees to register mining claims electronically in accordance with

section

4. Creating

and maintaining the provincial grid to assist in the registration of mining

claims and for other mining purposes.

5. Creating

and recording records, abstracts and maps for mining and mineral purposes in an

electronic format.

6. Providing

the public with access to information in the mining claims registry described

section 7 through electronic means and in accordance with any directive made

under subsection (2).

7. Producing

reports, documents and other information relating to any matters referred to in

paragraphs 1 to 6.

Directive

re: public use of system

(2) In addition to any requirements

specified in this Act or the regulations, the Minister may make directives

relating to the use of the mining lands administration system by a person seeking

to register a mining claim or to effect any transaction with respect to a

mining claim or other mining lands or mining rights and the directives may

specify,

(

a) information

that must be submitted by the person;

(

b) the

format in which the information must be submitted; and

(

c) any

other requirement to ensure proper functioning of the mining lands

administration system.

Same,

format

(3) A directive made under clause (2) (

b) may permit information with respect to a mining claim or other mining lands or

mining rights to be submitted to the Ministry by means other than the mining

lands administration system and in a format other than an electronic format in

such circumstances or subject to such conditions as may be specified in the

directive.

Same,

classes

(4) A directive made under subsection

(2) may specify different requirements for different classes of users or for

different circumstances.

Publication

of directive

(5) The Minister shall publish a directive

made under subsection (2) electronically in a location on the mining lands administration

system that is likely to come to the attention of a person who wishes to use of

the system for a reason described in that subsection or shall publish it in the

prescribed manner.

Non-application

of Legislation Act, 2006 ,

Part III

(6) Part III of the Legislation

Act, 2006 does not apply to a directive made under subsection (2).

Submitting

document

(7) A document submitted electronically

under the mining lands administration system is submitted for purposes of this

Act when the document is entered electronically into the mining lands

administration system using the technology established by the Minister and in

accordance with the directives made by the Minister.

4. Subsections

7 (1), (2), (3) and (4) of the Act are repealed and the following substituted:

Mining

claims registry

(1) The Provincial Recording Office shall

maintain the mining claims registry,

(

a) in

an electronic format, subject to subsections (3) and (4); and

(

b) in accordance

with the requirements established under the Archives and

Recordkeeping Act, 2006 .

Content of mining claims registry

(2) The

mining claims registry shall include,

(

a) records of all mining claims;

(

b) maps showing the location of

all mining claims;

(

c) information about each claim

holder as may be prescribed; and

(

d) for each mining claim,

(

i) an

abstract in which all transfers, assessment work submission forms, exploration

plans, exploration permits, orders, agreements, instruments, notes and other

entries relating to the claim are recorded, and

(ii) any

assessment work submission forms, exploration plans, exploration permits, orders,

agreements, instruments or other documents relating to the mining claim that

are in an electronic format.

Exception

(3) The Minister may direct that certain instruments

or documents relating to a mining claim that are received in a format other

than an electronic format be maintained as part of the mining claims registry in

the format in which they are received or in such other format as the Minister

directs.

Legacy

claims

(4) The Provincial Recording Office shall

maintain all records, maps, documents or information required under subsection

(2) with respect to legacy claims in an electronic format as part of the mining

claims registry, but they may also be maintained, together with other historical

information, in other formats as the Minister directs.

Public availability

(4.1) The

records, maps, documents and information referred to in subsections (2) and

(4) shall be made available to the public,

(

a) through the mining lands

administration system on a website of the Government of Ontario approved for

this purpose or through such other means as may be determined in accordance

with the regulations; and

(

b) at the Provincial Recording

Office during normal business hours or at such other locations and times as the

Minister directs.

Same

(4.2) Subject

to any prescribed conditions, the instruments and documents referred to in

subsection (3) that are maintained as part of the mining claims registry shall

be made available to the public in the prescribed manner and place.

Interpretation,

recording, record, etc.

(4.3) For greater certainty and unless the

contrary intention appears,

(

a) any

reference in this Act or the regulations to the recording of an entry, note,

instrument or document is a reference to the entering of the entry, note,

instrument or document in the mining claims registry;

(

b) any

reference in this Act or the regulations to a recorded claim holder is a

reference to

Document details

Collection	Ontario — Bills
Citation	Bill 155, 41-1
Type	bill
Volume / chapter	p41 s1 bill 155 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	63d3da12c30c872be4b8e2920faaa6f17b178e62

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