Relief from Forfeiture of Unpatented Mining Claims

Purpose

The purpose of this policy is to provide direction to claim holders and decision-makers with respect to relieving unpatented mining claims from forfeiture, pursuant to sections 49 and 185 of the Mining Act (the Act).

Background

Unpatented mining 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). Prescribed units of 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 unpatented mining claims in good standing by satisfying the annual required units of assessment work for their mining claims, or by requesting a discretionary extension of time or exclusion of time, which are not covered in this policy (please refer to the Extension of Time and Exclusion of Time policies).

A mining claim will forfeit at 12:00:00 a.m. eastern standard time or eastern daylight-saving time (as the case may be) on the day after the due date of the mining claim if the annual required units of assessment work for the claim have not been satisfied. The land in the cells on the provincial grid corresponding to the forfeited claim will become open for the registration of mining claims as of 10:00 a.m. eastern standard time or eastern daylight-saving time (as the case may be) on the second day after the forfeiture, unless the lands or some part of them are otherwise not open for mining claim registration.

The forfeiture of an unpatented mining claim may be relieved by a Recorder or the Minister under specific conditions. A mining claim that is relieved from forfeiture will be reinstated to its status at the time of forfeiture (claim holder, assessment work credits and work history) and a new due date will be set.

Types of Relief from Forfeiture Orders

There are two different types of relief from forfeiture orders:

1. orders by Recorder or the Mining and Lands Tribunal as per subsections 49 (1) and (3) of the Act; and
2. orders by the Minister as per subsection 185 (1) of the Act.

This policy applies to both types of orders; those sought from the Recorder and from the Minister. For more information about obtaining an order to relieve the forfeiture of unpatented mining claims from the Mining and Lands Tribunal, please contact the Registrar, Office of the Mining and Lands Tribunal.

Order by the Recorder

A Recorder may by order relieve an unpatented mining claim from forfeiture if the claim is subject to forfeiture as a result of an administrative error on the part of the Crown.

For the purpose of section 49 (1) of the Mining Act, an administrative error is defined as a manual or data-processing error that occurs because of incorrect data entry, incorrect computer programming, other errors during data analysis, or the miscommunication of information.

In cases where another person registered a mining claim for the same cell(s) after the forfeiture occurred, the Recorder may impose terms and conditions on the relief from forfeiture order or may refer the matter to the Mining and Lands Tribunal.

Order by the Minister

The Minister may by order relieve from forfeiture any unpatented mining claim on such terms and conditions as the Minister considers appropriate. The Minister will consider such an order where the claim holder was unable to satisfy the required annual units of assessment work due to exceptional circumstances.

A relief from forfeiture circumvents the standard mining claim cycle prescribed by the Act. The Minister will not grant a relief from forfeiture for claims that forfeited due to unsatisfactory claim management.

Requests for relief from forfeiture will be considered on a case by case basis. This is a discretionary decision made by the Minister (or a delegate of the Minister) after evaluating the information provided by the claim holder. The Minister’s decision is final and cannot be appealed to the Mining and Lands Tribunal.

Mandatory Conditions and Requirements

The Minister will only consider a request for a relief from forfeiture if the claim holder can demonstrate all of the following conditions and requirements:

• The claim holder’s failure to satisfy the required annual units of assessment work was due to exceptional circumstances beyond the claim holder’s control;
• The claim holder has the capacity to keep the mining claim in good standing if the relief is granted; and
• The mining claim is an integral component of the claim holder’s mining lands package.

Requesting Relief from Forfeiture

A claim holder’s application for a relief from forfeiture must be made in writing and submitted to the Provincial Recording Office, together with the required non-refundable application fee. The written request must identify the forfeited claims for which the relief is requested, and it must describe:

• What circumstances prevented 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 were made toward satisfying the assessment work requirements by the claim’s due date
• How much time is required to meet the assessment work requirements and how was the length of time determined?
• What efforts has the claim holder made to ensure the assessment work will be done, reported and applied to the claim by the new due date being requested?
• What assurance can the claim holder provide that demonstrates the claim will be kept in good standing, if the relief from forfeiture is granted?

Note: Submission of the request and payment of the non-refundable application fee does not guarantee that relief from forfeiture will be granted. Clients should ensure they submit all relevant documentation at the time the request is submitted.

Reasonable Efforts to Meet Assessment Work Requirements

Evidence that demonstrates the claim holder’s reasonable and good faith efforts to meet the assessment work requirements may include:

• Work plans outlining details of the 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.

When the Minister will not Consider a Relief from Forfeiture:

• The claim holder has not submitted a complete application for a relief from forfeiture or paid the application fee.
• The claim holder has not provided satisfactory evidence that demonstrates the mandatory conditions and requirements for a relief from forfeiture have been satisfied.
• The claim holder has not fulfilled the requirements from a previous order for a relief from forfeiture, extension of time or exclusion of time that was issued for the mining claim(s).
• The cells corresponding to the forfeited claim are no longer open for claim registration.
  For example:
  • A mining claim has been registered in the cell(s) on the provincial grid corresponding to the forfeited claim.
  • The forfeiture caused the remaining boundary claim within a cell to expand and become a single claim for the entire cell.

Contact the Mining Lands Section

For inquiries about relief from forfeiture 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

Relief from forfeiture

49 (1) A recorder may by order relieve an unpatented mining claim that is subject to forfeiture as a result of an administrative error on the part of the Crown from the forfeiture. R.S.O. 1990, c. M. 14, s. 49 (1).

Annulment of forfeiture, etc.

185 (1) The Minister may by order revoke, cancel or annul the forfeiture of any mining lands or mining rights under this Act or revoke, cancel or annul the termination of any lease of mining lands under this Act or relieve from forfeiture any unpatented mining claims on such terms and conditions as the Minister considers appropriate. R.S.O. 1990, c. M.14, s. 185 (1); 1996, c. 1, Sched. O, s. 36.

Filing order in recorder’s office.

185 (2) If an order under subsection (1) concerns unpatented mining claims, the order shall be noted on the abstract for the claim and recorded in the mining claims registry. 2017, c. 6, Sched. 2, s. 82 (1).

Registering order in land registry office.

185 (3) Where an order under subsection (1) concerns leases or freehold patents, the Deputy Minister shall cause the order to be registered in the proper land registry office and thereupon the mining lands or mining rights revest in the owner or lessee of the mining lands or mining rights at the time of forfeiture or termination, the owner’s or lessee’s heirs, successors or assigns, subject to any lien, mortgage or charge entered or registered prior to the forfeiture or termination and still outstanding. R.S.O. 1990, c. M.14, s. 185 (3).

Withdrawal of lands from prospecting, etc.

185 (4) Where an order under subsection (1), the Minister may direct the mining lands or mining rights described in the application to be withdrawn from prospecting, mining claim registration, sale or lease until the disposition of the application. 2017, c. 6, Sched. 2, s. 82 (2).

Where no relief from forfeiture

185 (5) Despite subsection (1), the Minister shall not relieve from forfeiture a boundary claim in any case where subsection 38.3 (2) applies. 2017, c. 6, Sched. 2, s. 82 (3).