Ministry of Energy and Mines
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The purpose of this policy is to provide direction to claim holders and decision makers with respect to early mineral exploration activities that can be performed and credited to meet the annual units of assessment work requirements pursuant to the Mining Act, R.S.O. 1990, M.14 (the Act), Ontario Regulation 65/18 (the Regulation) and the Technical Standards for Reporting Assessment Work.
Claim holders must satisfy required annual units of assessment work to keep their claims in good standing. They must perform early exploration work and submit an assessment work report through the Mining Lands Administration System (MLAS). The minister reviews the report and upon approval, assigns assessment work credits which are placed in the reserve of the mining lands on which they were performed.
The Regulation prescribes the types of assessment work that are eligible for assessment work credits. The Ministry of Energy and Mines (MINES) has prepared a document titled Technical Standards for Reporting Assessment Work, which sets out what must be included in the technical report for the type of work that is being submitted for credit. The Technical Standards document is available on the ministry’s website at Technical Standards for Reporting Assessment Work. The ministry has also prepared directives pertaining to assessment work reporting and revising the work submission. These documents are available through the ministry’s website at Submit Report of Work, Submit Report of Work on Crown Land and Revise a Report of Work Submission.
All exploration plan and exploration permit requirements pursuant to Regulation 308/12 must be satisfied prior to commencing assessment work activities. Information is available on the ministry’s website at Plans and Permits.
Early exploration proponents who wish to undertake exploration activities on mining claims, leases or licenses of occupation are required to provide the ministry with an exploration plan or submit an exploration permit application for certain exploration activities. Proponents must adhere to the mandatory Provincial Standards for Early Exploration while their early exploration activities are being completed. Additional terms and conditions may also be included for the plan or permit. Work associated with meeting the Provincial Standards or meeting the terms of conditions of a plan or permit are eligible for assessment work credit. Before commencing exploration activities, please ensure you are familiar with Ontario Regulation 308/12. Unless the proper plan or permit is in place prior to the commencement of an activity, assessment work credit cannot be granted for the exploration activity.
Before advanced exploration or mine production can begin, a closure plan must be submitted by the proponent and filed by the ministry. A closure plan outlines how the affected land will be rehabilitated and the costs associated with doing so. An early exploration activity that falls within the boundary of a closure plan is eligible for assessment work credit if the exploration activity is listed as an eligible work type under the Regulation. Exploration activities to advance production are not eligible for assessment work credit.
All mineral-bearing material removed from the land during advanced exploration must be used for evaluation purposes and can be claimed for assessment work credit. Advanced exploration can occur on either a mining claim or leased land. Written permission from the Mineral Exploration and Development Section is required in order to test the mineral content of material removed from land which has not been leased. Information is available on the Ministry’s website at Advanced Exploration.
Subsection 2 (1) of the Assessment Work Regulation identifies the types of work that constitute assessment work. The Technical Standards for Reporting Assessment Work sets out what must be included in the technical report applicable to the type of assessment work being claimed for credit. The technical report for each type of work must include a detailed explanation of the geoscience work done, maps or plans, where required, and details of the expenses claimed for the work, together with supporting receipts, invoices and other documents for those expenses.
The types of work that constitute assessment work are further detailed in this policy.
The Act defines prospecting as the investigating of, or searching for, minerals. The Assessment Work Regulation defines grass roots prospecting as making traverses, noting outcrops and minerals of interest and any associated collecting and assaying of hand samples.
For the purpose of this policy, grass roots prospecting is the first stage of the geological analysis of an area in the search for valuable minerals. At this the stage, the prospector is looking for signs of mineralization in outcrops, sediments or soils that can lead to the location of a mineral deposit. The grass roots prospecting stage is followed by mineral exploration.
Grass roots prospecting is eligible for assessment work credits when it is performed on Crown lands before a mining claim has been registered if the lands are included as part of a registered mining claim, if the work was performed within one year before the registration of the mining claim and an assessment work report claiming the work is submitted within one year following the registration of the mining claim. The Act specifies that no person shall, without a prospector’s licence, prospect or register a mining claim on land that has not been registered as part of a mining claim and for which the mining rights are held by the Crown.
Grass roots prospecting is eligible for assessment work credit when it is lawfully performed on registered mining claims and other mining lands.
Refer to Assessment Work-Cost Policy for the value of assessment work credit that is eligible for grass roots prospecting.
There are several ways to remove surface soil and expose bedrock and zones of mineralization for sampling and testing, and depending on their environmental impact, these activities may require an exploration plan or exploration permit before commencing. A plan or permit is required for mechanized trenching, bedrock pitting, overburden stripping and drilling. A non-exhaustive list of activities that do not require a plan or permit include hand stripping, outcrop washing and brushing, outcrop mapping and sampling associated with the work, plugger sampling and channel sampling.
Before commencing any trenching, pitting, stripping and other related activities, please ensure you are familiar with Ontario Regulation 308/12, which sets out the requirements for prescribed activities for exploration plans and exploration permits. Unless the proper plan or permit is in place prior to the commencement of an activity, assessment work credit cannot be granted for the exploration activity.
Sampling programs are used to determine the grade and size of known mineralized sites or deposits and include sampling trenches, pits, drill core or chip samples from hard rock drilling. Taking grab samples from outcrops or known showings, channel sampling and geochemical sampling are also other types of sampling programs.
When reporting on work types such as grass roots prospecting, stripping or trenching programs, geological mapping, drilling (including drill core re-sampling) and geochemical sampling the results of sampling must be included with that geoscience work.
Note: For permission to extract, test mineral content and dispose of minerals for work performed on mining claims, refer to Section 52 of the Act and Ontario Regulation 45/11 (General) made under the Act.
Remote sensing imagery can help in the study of geological mapping by identifying geological characteristics of regions which would be of benefit to follow up by ground techniques. In order to receive assessment work credit for remote sensing imagery, the claim holder must provide a summary and interpretation of the remote sensing work or perform eligible ground exploration work over the region and include the remote sensing work with the ground work.
A geological survey is a systematic investigation of the geology beneath the ground by studying outcrops and landforms on surface. Geological maps are created to represent the geological information gathered from the survey. The results of all samples collected during the geological survey must be included with the geological survey.
A geochemical survey involves the systematic collecting of samples whether they be rock, soil, stream/lake bottom sediments or biological material. Geochemical maps are created to represent the chemical results of all samples and can provide an opportunity to discover and interpret the underlying geology. The results of all samples collected during the geochemical survey must be included with the geochemical survey.
Ground geophysical surveys collect data from the earth’s subsurface using a variety of sensing instruments. The data is analyzed to interpret the properties of the earth.
Before commencing ground geophysical surveys, ensure you are familiar with Regulation 308/12 that sets out the requirements for prescribed activities for exploration plans and exploration permits. Unless the required plan or permit is in place prior to the commencement of an activity, assessment work credit cannot be granted for the work.
Airborne geophysical surveys produce 2D and 3D representations of the surface and subsurface of the earth over a region. When reporting an airborne survey, the costs and expenses must be reported on the mining lands where the assessment work was performed, proportionally to the size of each mining land. If some of the mining lands surveyed are held, leased or owned by other parties and/or if the survey covers less than 100 square kilometres of unregistered Crown land, then the costs and expenses must be proportionally adjusted to exclude these areas.
Regional surveys, including airborne surveys, that cover 100 square kilometres or more of unregistered Crown land are eligible for assessment work credits if a portion of or all the lands are now included as part of a registered mining claim, if the survey work was performed within one year before the registration of the mining claim and if an assessment work report claiming the work is submitted within one year following the registration of the mining claim.
Refer to Assessment Work-Cost Policy for the value of assessment work credit that is eligible for regional surveys.
Geological modelling uses geoscience data to create a computerized representation of a portion of the earth’s crust to identify potential ore deposits or more accurately outline an area of interest. When submitting modelling or reprocessing of existing data it is crucial to identify the existing geophysical or geological information data used and the software and technique used to process the data.
Compilation of previous or historical work is not acceptable as modelling or reprocessing of existing data.
Line cutting that is associated with geoscience work is eligible for assessment work credit when it is included with that geoscience work.
Before commencing line cutting associated with geoscience work ensure you are familiar with Regulation 308/12, which sets out the requirements for prescribed activities for exploration plans and exploration permits. Unless the proper plan or permit is in place prior to the commencement of an activity, no assessment work credit will be granted for the work.
Note: Establishing the perimeter of your mining claim by cutting or blazing the lines is not eligible for assessment work credit.
Exploratory drilling is used to locate mineral deposits and establish geological structure. A plan or a permit is required for mechanized drilling for the purpose of obtaining sample(s) on mining lands. A plan or permit is required for the lands where the drill holes are collared and for the lands under which the drilling occurs.
Before commencing exploratory drilling by core or non-core method ensure you are familiar with Regulation 308/12 that sets out the requirements for prescribed activities for exploration plans and exploration permits. Unless the proper plan or permit is in place prior to the commencement of a drilling activity, no assessment work credit will be granted for the work.
For clarification, if drilling work traverses multiple mining claims and/or parcels of mining land, the associated costs for the drilling work must correspond to the location of the drilling in the assessment work report (i.e. if drilling work crosses four mining claims, the costs for the work must be reported proportionately for all four claims – the total cost cannot be reported on one of the four claims).
The results of all samples collected during the drilling program must be included with the report on the drilling program.
The Resident Geologist Program, under the Ontario Geological Survey, manages drill core libraries. If you wish to receive assessment work credit for the submission of drill core or drill sample to the library, contact your local Resident Geologist Office to inquire whether they are interested in the donation of the core or samples. If the Resident Geologist’s Office agrees to the donation, costs incurred to package and deliver the core or samples to the appropriate drill core library are eligible for assessment work credit.
The detailed analysis of minerals by optical mineralogy, microscopy, scanning electron microscopy and electron microprobe are eligible for assessment work if accompanied by the results identifying the chemical composition of each sample and coloured photographs of all samples.
The purpose of an environmental baseline study is to establish an information base against which to monitor and assess the impact of exploration and mining activities on the environment.
For clarity, costs and expenses related to environmental baseline studies for mining activities will be considered:
The continued monitoring of a site is not eligible for assessment work credit.
For the purpose of this policy, rehabilitation means measures, including protective measures, taken in accordance with the prescribed standards to treat a site or mine hazard so that the use or condition of the site,
Before commencing any progressive or voluntary rehabilitation, ensure you are familiar with Ontario Regulation 240/00, Mine Development and Closure Under Part VII of the Act, that sets out the requirements and standards for rehabilitation.
For the purpose of this policy, a proponent who submits to the Director two copies of a progressive rehabilitation report under subsection 139.1 (2) of the Act may claim assessment work credit if the same progressive rehabilitation report is submitted for credit in MLAS
For the purpose of this policy, a person who is granted written approval by the Director for the rehabilitation of the mine hazard and rehabilitates the mine hazard in accordance with the rehabilitation plan under subsection 139.2 (6) of the Act may claim assessment work credit if the same voluntary rehabilitation plan is submitted for credit in MLAS.
For all inquiries about assessment costs please contact:
Ministry of Energy and Mines
Mining Lands Section
Land Tenure and Assessment Unit
B-3, 933 Ramsey Lake Road
Willet Green Miller Centre
Sudbury, ON P3E 6B5
Toll Free Telephone: 1-888-415-9845
Email: mlas.ltau@ontario.ca
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).
(2) Every mining claim holder shall submit a report of the assessment work done and of any payments made for the purpose of complying with subsection (1), together with such other information as may be prescribed. 2009, c. 21, s. 33.
(3) The report must be received by the mining lands administration system on or before the anniversary date of the mining claim. 2017, c. 6, Sched. 2, s. 42 (2).
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(4) If a date earlier than the anniversary date is prescribed for the submission of a report regarding a specific type of assessment work, the report must be submitted to the mining lands administration system on or before the prescribed date. 2017, c. 6, Sched. 2, s. 42 (2).
(5) For the purpose of subsection (1), assessment work credits shall be measured in terms of dollars spent. 2009, c. 21, s. 33.
(6) A recorder shall not receive and file, or record against a mining claim, any dispute relating to assessment work or to payments made in place of assessment work. 2009, c. 21, s. 33.
66 (1) The types of work that are eligible for assessment work credits, the method of calculating and approving the credits for work performed or payments made in place of assessment work, and the distribution of assessment work credits to mining claims shall be determined in accordance with the regulations. 2009, c. 21, s. 34 (1); 2017, c. 6, Sched. 2, s. 43 (1).
(2) Prospecting and regional surveys performed on Crown lands before the registration of a mining claim are eligible for assessment work credits in such manner as is prescribed. R.S.O. 1990, c. M.14, s. 66 (2); 1996, c. 1, Sched. O, s. 17; 2009, c. 21, s. 34 (2); 2017, c. 6, Sched. 2, s. 43 (2).
(3) Assessment work performed on mining lands or payments made in place of assessment work may be allocated to contiguous unpatented mining claims in the prescribed manner. 2009, c. 21, s. 34 (3).
(5) A decision under subsection (4) is final and is not subject to appeal. 1999, c. 12, Sched. O, 28
The Ontario Mining Act R.S.O. 1990, c. M. 14 and associated regulations can be viewed online at https://www.ontario.ca/laws
2. (1) For the purposes of this Regulation, the following types of work constitute assessment work:
6. (1) An assessment work report is required,
(2) In order to receive assessment work credits, an assessment work report may be submitted to the minister by,
(3) An assessment work report shall be submitted to the Ministry through the mining lands administration system.
(4) A claim holder or the holder or owner of mining lands other than a mining claim may submit an assessment work report at any time after assessment work is performed on the lands, subject to the limitations set out in sections 12 and 13, in order to receive assessment work credits in accordance with Part IV.
(5) An assessment work report shall include a technical report that,
11. (1) The following types of work are eligible for assessment work credit:
(2) Assessment work performed on freehold patented mining lands or mining rights shall be eligible for assessment work credit only if the relevant mining lands or mining rights are included on the current tax record maintained by the Deputy Minister under section 192 of the Act.
(3) Grass roots prospecting and regional surveys performed on Crown lands before the registration of a mining claim shall be eligible for assessment work credit only if the following conditions are met:
12. (1) The Minister shall review an assessment work report to determine whether,
(2) Work included in an assessment work report is not eligible for assessment work credit if the work was performed more than 60 months before the day the report is submitted to the Minister.
(3) The costs of consultations with Aboriginal communities referred to in paragraph 10 of subsection 2 (2),
(4) Line cutting that is associated with geoscience work referred to in paragraph 10 of subsection 2 (1) is not eligible for assessment work credit unless it is included in the same assessment work report as the geoscience work with which it is associated.
(5) The Minister may determine that work is not eligible for assessment work credit if,
Before commencing any of the above activities please ensure you are familiar with Regulation 308/12 that sets out the requirements for prescribed activities for plans and permits. Refer to the Provincial Standards for Early Exploration to ensure compliance with the requirements for carrying out early exploration activities. Unless the proper plan or permit is in place prior to the commencement of an activity, assessment work credit cannot be granted for the exploration activity.
Activities that do not require a plan or permit include hand stripping, outcrop washing and brushing, outcrop mapping and sampling associated with the work, plugger sampling and channel sampling.
A plan is required for:
A permit is required for:
In accordance with the Technical Standards for Reporting Assessment Work, assays and the chemical analysis of samples must be included in the technical work reports for most types of work identified under section 2 (1) of the Regulation. Where assay results or certificates of analysis of samples are required as part of the technical standards, they are to be:
Note: The only acceptable alteration to a certificate is the removal of samples that are not part of the assessment work report using a black marker. The submitter should also make a note explaining how and why the Certificate was altered.
When consulting with Aboriginal communities, assessment work credit can be claimed for credit and the credit is eligible at 100% for consultation done after November 1, 2012 and:
Provincial Standards for Early Exploration
Section 52 (1) Rights of a Licensee to Test Mineral Content
Ontario Regulation 45/11 Permission to Extract, Test Mineral Content and Dispose of Minerals
Ontario Regulation 240/00 Mine Development and Closure under Part VII of the Act