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Home » Mines and Minerals » Mining Act Policies, Standards and Directives » Policies

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

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:

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

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:

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:

• Completed Minister’s approved application form;
• Payment of the non-refundable application fee;
• Explanation and materials to support the extension request (see below for more details)

Claim holders should be aware of the following:

• An extension of time shall not be for more than one year.
• If a mining claim receives more than one extension of time to satisfy the annual required units of assessment work for an assessment year, the aggregate of the extension periods for the assessment year shall not exceed one year (i.e. 12 months in total).
• An extension shall not be granted if there are sufficient assessment work credits in the reserve for the mining claim to satisfy the required units of assessment work (i.e. you must apply existing credits in reserves before seeking an extension of time)

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:

• What circumstances will prevent the claim holder from meeting the assessment work requirements by the due date? When did these circumstances arise and what steps were taken to meet the requirements despite these circumstances? Were the circumstances beyond the control of the claim holder?
• What efforts have been made towards satisfying the assessment work requirements by the claim’s due date?
• How long is the extension period being requested and how was the length of time determined?
• What efforts has the claim holder made to ensure the assessment work will be performed, reported and applied to the claim by the extended due date being requested?
• What assurance can the claim holder provide that demonstrates the claim will be kept in good standing, if the extension of time is granted?

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:

• Work plans outlining details of exploration work/activities.
• Schedules for completion of activities and assessment work report submission.
• Proof that work has been completed and the assessment work report is underway.
• An exploration plan in effect or an issued exploration permit.
• Signed contracts with persons hired to perform the assessment work.

Circumstances that do not Support an Extension of Time Order

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

• The extension is being used to allocate assessment work credits from other mining lands that have reached their maximum limit for allocating credits: This is to prevent claim holders from circumventing the limitations on the allocation of assessment work credits for contiguous mining claims, leases, patents and licences of occupation. Claim holders may allocate a limited amount of assessment work credits from contiguous mining land reserves, per assessment or calendar year. An extension will not be granted to allow the assessment or calendar year for contiguous mining lands to restart so the allocation limitations for the lands will reset.
• The claim holder did not have an exploration plan in place or an exploration permit issued in time to complete the required assessment work by the due date: An extension will not be granted to allow for the submission of an exploration plan or an exploration permit application, or to allow the standard permit approval process to be completed (e.g. poor time management by the claim holder). However, if the exploration plan or permit application was delayed for reasons beyond the client’s control, or a permit application was put on temporary hold, an exclusion of time may be considered.
• Financial hardship: A Recorder will not consider a claim holder’s lack of financing for undertaking assessment work, or lack of financial resources, when reviewing an application for extension of time.
• Payments in Place An extension of time will not be granted to allow a claim holder to make a payment in place of assessment work for a mining claim.

Contact the Mining Lands Section

For all inquiries about extensions of time please contact:

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,
• i. $50,000.00, in the case of an allocation from the reserve for a boundary claim or a cell claim comprised of one or two cells,
• ii. $100,000.00, in the case of an allocation from the reserve for a multi-cell claim comprised on three to five cells, or
• iii. $150,000.00, in the case of an allocation from the reserve for a multi-cell claim comprised of six to 25 cells.
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,
• i. $50,000.00, in the case of mining lands that are no larger than 25 hectares,
• ii. $100,000.00, in the case of mining lands that are larger than 25 hectares but no larger than 100 hectares, or
• iii. $150,000.00, in the case of mining lands that are larger than 100 hectares.

Terms and Definitions

Mining Act

“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.

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;