The COVID-19 outbreak and related public health requirements are special circumstances that have created challenges for all claim holders in Ontario. Given the present uncertainty over when current health and safety measures will ease, we acknowledge that some claim holders may still be having difficulty planning or executing work programs.
The Ministry of Energy, Northern Development and Mines understands that exclusions can help promote public safety, particularly in remote areas, by reducing the need for travel into those areas for exploration purposes. As a result, we will continue to offer claim holders a streamlined process for processing requests for COVID-19-related exclusion of time orders under Ontario’s Mining Act and for all claim holders with claim anniversary dates on or before October 31, 2021. We anticipate that this will be the final extension of the streamlined process for exclusion of time requests and suggest that claimholders plan their work programs accordingly.
Claim holders with claim anniversary dates on or before October 31, 2021, will be given an exclusion order if they make a brief request via email citing COVID-19 as the reason the exclusion order is requested. There is no cost for COVID-19 related exclusion requests. The exclusion orders will remove the requirement to perform and file assessment work for a period of time of up to 12 months.
We ask that claim holders only apply through this streamlined process if they are experiencing issues completing assessment work due to the effects of COVID-19 and the enhanced public health and workplace safety measures currently in effect for all of Ontario.
To obtain an exclusion order, claim holders or their authorized agents must email the Provincial Recording Office at firstname.lastname@example.org no earlier than the 30th day before the anniversary date of your claim and no later than the anniversary date. For more information, please see this bulletin.
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.
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.
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:
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:
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:
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:
The following circumstances do not support an extension of time order:
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
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
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).
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:
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.
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:
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:
“Anniversary Date”, when referring to a mining claim, means,
“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;