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Ministry of Mines

Home » Mining Act Policies, Standards and Directives » Mineral Development and Lands Branch Policies » Reservations: The 120-Metre Shoreline Surface Rights Reservation

Reservations: The 120-Metre Shoreline Surface Rights Reservation

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 clients with respect to the reservation of surface rights along bodies of water as set out in section 40 of the Mining Act, which imposes a 120-metre surface rights reservation along the shoreline of land covered with water or bordering on water within a mining claim.

Background

The holder of a prospector’s licence may prospect for minerals and register a mining claim on any Crown land that is open for prospecting and the registration of mining claims under the Mining Act.

A mining claim does not confer any right, title or interest in the land, other than the right to perform prescribed assessment work or obtain a mining lease from the Crown. This includes the right to use the unrestricted Crown held surface rights within the boundary of the mining claim for exploration and development purposes. Upon satisfying certain requirements, the holder of a mining claim is entitled to a lease of the mining claim and may elect to apply for a lease of the mining rights only or a lease of mining and surface rights.

The claim holder’s right to use the Crown held surface rights for exploration and development purposes and apply for a lease of the surface rights under the Mining Act has priority over any other right to use or dispose of the surface rights, subsequent to the registration of the mining claim.

The province exercises reservations when Crown lands are granted to private tenure. Reservations allow the Crown to retain a particular right or portion of the land being conveyed. Pursuant to section 40 of the Mining Act, where a mining claim includes land covered with water or bordering on water, the surface rights over a width of no more than 120-metres from the high water mark may be reserved for the Crown (“shoreline reservation”).

The shoreline reservation shall be deemed to apply to and to have been made on all unpatented mining claims unless such reservation is waived by the Minister.

The purpose of the shoreline reservation is for the Crown to retain control of shorelines for development projects such as summer resorts, cottages or subdivisions under the Public Lands Act. This is a standard reservation that is applied to all mining claims when registered, unless the reservation is waived by the Minister (or a delegate of the Minister) as set out in this policy.

Impact of Surface Rights Reservations on Mining Claims

The reservation of surface rights on unpatented mining claims may impact certain exploration activities or restrict the rights bestowed on claim holders.

Claim holders have the right to use the surface rights within a mining claim for exploration and development purposes. This includes constructing or placing a building or buildings on an unpatented mining claim, if the building or buildings are required to perform exploration and development work. The reservation of surface rights may affect the claim holder’s ability to use the surface rights on certain parts of the mining claim.

Claim holders may apply for a lease of their mining claims if certain conditions have been satisfied. Mining leases may include all available Crown held mining and surface rights within a mining claim. The reservation of surface rights may affect the claim holder’s ability to acquire a leasehold interest in the surface rights for certain parts of the mining claim.

Dispositions may be granted under the Public Lands Act without consent from the claim holder for lands within a mining claim where the surface rights have been reserved.

NOTE: The shoreline reservation does not take away the claim holder's right to explore. The claim holder has the legal right under subsection 50(2) of the Mining Act and subject to subsection 50(2.1) to enter, use and occupy such parts of the surface rights that are necessary for the purpose of prospecting and the efficient exploration, development and operation of the mines, minerals and mining rights therein.

Waiver

The Mining Act states the shoreline reservation shall be deemed to apply and to have been made on all unpatented mining claims unless such reservation is waived by the Minister.

The authority to waive the shoreline reservation is delegated to Senior Manager, Mining Lands Section. The Senior Manager will exercise this authority based on the following:

Contact the Mining Lands Section

For any inquiries about shoreline reservation reservations, 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

Crown Reservation

40 (1) Where a mining claim includes land covered with water or bordering on water, the surface rights over a width of no more than 120 meters from the high water mark may be reserved for the Crown. 1990, c. 12, Sched. O, s. 15

Application of Crown reservation to unpatented mining claims

40 (3) The reservations of surface rights authorized by subsections (1) and (2) shall be deemed to apply to and to have been made on all unpatented mining claims unless such reservation or reservations are waived by the Minister. R.S.O. 1990, c. M.14, s. 40 (3).

Rights in claim

50 (1) The registration of a mining claim or the acquisition of any right or interest in a mining claim by any person does not confer upon that person, 2017, c. 6, Sched. 2, s. 30.

Surface Rights

50 (2) The holder of a mining claim does not have any right, title or claim to the surface rights of the claim other than the right, subject to the requirements of this Act, to enter upon, use and occupy such part or parts thereof as are necessary for the purpose of prospecting and the efficient exploration, development and operation of the mines, minerals and mining rights therein. R.S.O. 1990, c. M.14, s. 50 (2); 2009, c. 21, s. 28 (1).

Exploration Work

50 (2.1) Despite subsection (2), the holder of a mining claim shall not enter upon, use or occupy any part of a mining claim for any exploration work on the claim unless the requirements in sections 78.2 and 78.3 and in the regulations have been met.” 2009, c. 21, s. 28 (2).