Extension of Time: For Assessment Work Due Dates for Mining Claims

The ministry acknowledges that the COVID-19 outbreak and related public health requirements are special circumstances that have created challenges for all claim holders in Ontario. As a result, we are leveraging the tools available under the Mining Act to provide claim holders with relief through simplified exclusion orders.

Claim holders with claim anniversary dates on or before December 31, 2020, will be given an exclusion order by making a brief request via email. There will be no cost for COVID-19 related exclusion requests. The exclusion orders will remove the requirement to carry out assessment work for a period of time of up to 12 months.

To obtain an exclusion order, claim holders or their authorized agents must email the Provincial Recording Office at pro.ndm@ontario.ca no earlier than the 30th day before the anniversary date of your claim and no later than 4:30 PM Eastern time on the anniversary date. For more information, please see this bulletin.


The ministry is in the process of reviewing and updating its policies to reflect recent changes to the Mining Act as they relate to the implementation of online mining claim registration and an electronic Mining Lands Administration System (MLAS). Until further notice, visitors should consider this content to be in transition and subject to modifications.

Purpose

The purpose of this policy is to provide direction to claim holders and decision-makers with respect to how a Recorder will consider requests for an extension of time pursuant to subsection 73 (1) of the Mining Act, which authorizes a Recorder to grant an extension of time for performing assessment work or filing a work report to satisfy the annual required units of assessment work for a mining claim.

Background

Claim holders must satisfy annual required units of assessment work to keep their claims in good standing. They must perform eligible assessment (exploration) work and submit an assessment work report through the Mining Lands Administration System (MLAS). The Minister reviews the report and assigns assessment work credits as set out in the Assessment Work Regulation (O. Reg. 65/18). The assessment work credits must be applied to a mining claim on or before the claim’s “due date” to satisfy the required units of assessment work and prevent the claim from forfeiting.

Claim holders can use the MLAS application to apply assessment work credits from the reserve for a mining claim or allocate assessment work credits from the reserve for contiguous mining lands to satisfy the annual required units of assessment work. Under certain conditions, claim holders may make payments in place of assessment work and apply those payments to satisfy the annual required units of assessment work.

Claim holders are responsible for keeping their mining claims in good standing by satisfying the annual required units of assessment work for their mining claims, or by requesting a discretionary order for an extension of time. In certain circumstances, an order for an exclusion of time under section 67 of the Mining Act may be requested, which is not covered in this policy (please refer to the Exclusion of Time policy).

An extension of time extends the due date of a mining claim, granting the claim holder additional time to satisfy the annual required units of assessment work for the applicable assessment year. The claim holder must explain the circumstances that will prevent the assessment work requirements from being satisfied by the due date of the mining claim and provide supporting evidence. A Recorder will consider the explanation and evidence provided by the claim holder in deciding whether or not to grant an extension of time.

If a claim holder has applied for an extension of time within the time required under subsection 73(1) of the Act, the Recorder’s decision may be made after the due date of the mining claim, and the mining claim will not forfeit on its due date unless the Recorder decides not to grant the extension of time.

An extension of time order under section 73(1) sets a new due date for the current assessment year of the claim. It does not change the due date for subsequent assessment years and it does not change the claim’s anniversary date.

Examples:

Claim anniversary date:
May 1st of each year
Claim due date:
May 1, 2018
Assessment year:
May 2, 2017 to May 1, 2018

1. A Recorder, at the claim holder’s request, grants an extension of time for satisfying the required annual units of assessment as follows:

Claim anniversary date:
May 1st of each year
Assessment year:
May 2, 2017 to May 1, 2018
Original due date:
May 1, 2018
Extended due date:
Aug. 1, 2018 (2017-2018 assessment year)
Next claim due date:
May 1, 2019 (2018-2019 assessment year)

2. A Recorder, at the claim holder’s request, grants an additional extension of time for satisfying the required annual units of assessment as follows:

Claim anniversary date:
May 1st of each year
Assessment year:
May 2, 2017 to May 1, 2018
Original due date:
May 1, 2018
Extended claim due date:
Aug 1, 2018 (2017-2018 assessment year)
New extended claim due date:
Oct 1, 2018 (2017-2018 assessment year)
Next claim due date:
May 1, 2019 (2018-2019 assessment year)

Mandatory Conditions and Requirements

A claim holder seeking an extension of time must submit a complete application package to the Provincial Recording Office within the 30-day period before the due date of the mining claim. The complete application package must include the following:

Claim holders should be aware of the following:

Supporting an Extension Request

A claim holder seeking an extension of time from a Recorder must be prepared to support the request. An application for an extension of time must describe:

Reasonable Efforts to Meet Assessment Work Requirements

A Recorder will consider supporting documents and other evidence submitted to demonstrate that the claim holder has made reasonable and good faith efforts to complete the assessment work required to satisfy the annual units of assessment work.

Evidence that may be considered by a Recorder includes:

Circumstances that do not Support an Extension of Time Order

The following circumstances do not support an extension of time order:

Contact the Mining Lands Section

For all inquiries about extensions of time please contact:

Ministry of Energy, Northern Development and Mines
Mining Lands Section, Technical Services Unit
B3-933 Ramsey Lake Rd.
Willet Green Miller Centre
Sudbury ON, P3E 6B5
Toll Free Telephone: 1-888-415-9845
Toll Free Fax: 1-877-670-1444
Email: pro.ndm@ontario


Authority Detail

The Ontario Mining Act R.S.O. 1990, c. M. 14 and its regulations can be viewed on line at https://www.ontario.ca/laws/statute/90m14#BK57


Mining Act

Assessment work or payments

65 (1)   After a mining claim is registered, the claim holder shall perform or cause to be performed the annual units of assessment work required in accordance with the regulations or may, in the prescribed circumstances and to the extent permitted by regulation, make payments in place of assessment work in accordance with the regulations. 2017, c. 6, Sched. 2, s. 42 (1).

Forfeiture of mining claim

72 (1)   Subject to subsections 67 (6) and 73 (3), all the interest of the holder of an unpatented mining claim ceases and the claim is forfeited, without any declaration, entry on a record or act on the part of the Crown, if the claim holder fails to do either of the following on or before the anniversary date of the mining claim as required by section 65:

  1. Perform the prescribed assessment work or make a payment in place of the assessment work.
  2. File a report of the assessment work done or any payments made in place of the work assessment. 2017, c. 6, Sched. 2, s. 47.

Extension of time

73 (1)   A recorder may order an extension of time for performing assessment work or filing a report on such work if an application for the extension is made within 30 days of the anniversary date of the mining claim and the recorder is satisfied that the prescribed conditions for an extension are met. 2017, c. 6, Sched. 2, s. 49.

73(3) – claim holder’s interest continues of extension is granted? It’s mentioned in the policy.


Ontario Regulation 65/18: Assessment Work

Conditions for extension of time order

22   For the purposes of subsection 73 (1) of the Act, the following are the conditions that must be met with respect to an order extending the time for performing assessment work or filing a report on the work:

  1. There must not be sufficient assessment work credits in the reserve for the mining claim to satisfy the annual units of assessment work required for the claim.
  2. The extension of time must not be for a period of more than one year.

Limits on distribution of credits

19   The amount of assessment work credits that may be distributed from a reserve for a mining claim or for other mining lands to a mining claim at any given time is subject to the following limitations:

  1. The amount of assessment work credits distributed to a mining claim shall not exceed the amount required to satisfy the annual units of assessment work required for the assessment year in which the distribution is made and the five subsequent assessment years.
  2. The maximum amount of assessment work credits that may be allocated from the reserve for a mining claim to one or more contiguous mining claims in any assessment year is,
  3. The maximum amount of assessment work credits that may be allocated from the reserve for mining lands other than a mining claim to one or more contiguous mining claims in any calendar year is,

Terms and Definitions

Mining Act

“Anniversary Date”, when referring to a mining claim, means,

Ontario Regulation 65/18: Assessment Work

“Assessment Year” means, with respect to a mining claim, the one-year period between the day the mining claim is registered and its first anniversary date and every subsequent periods between anniversary dates;

“Contiguous” means, with respect to a mining claim or other mining lands, two or more mining claims or mining lands that meet the requirements of subsections 17(4), (5) and (6);

“Due Date”, in relation to a mining claim, means the date by which a claim holder is required to distribute assessment work credits to a mining claim for the purposes of the system of assessment work credits described in Part IV, as that date is determined under section 10;