Note: Some projects are considered Advanced Exploration and these projects are subject to additional requirements.
When carrying out primary exploration, particularly in more remote regions or near Aboriginal communities, the proponent should consider contacting the Aboriginal community. Additional information regarding Aboriginals and the mineral industry may be found here.
Mineral exploration and mine development activities may be subject to official plans and bylaws. For further information see the section on municipal requirements or contact your local municipality for further information.
Under the Mining Act, a claim holder may explore on privately owned lands. Prior notification is required and exploration must be done in a way that respects the rights of the property owner. Information and requirements for prospecting and exploration on privately owned lands is available here. Notification requirements are described at this website.
In order to hold a claim in good standing or to apply for a lease, exploration work (referred to as assessment work) must be performed and reported to the Crown for approval within specified time limits. See Ministry of Northern Development, Mines and Forestry’s (MNDMF) Geoscience Assessment Office section.
Surface stripping and trenching must be done with due consideration for safety and environmental concerns. Particular care should be taken when working near water. Stripping of an area in excess of certain thresholds is defined as Advanced Exploration and triggers the Closure Plans requirements of Part VII of the Mining Act.
Exploration diamond drilling may only occur on a valid mining claim. Contact a Ministry of Labour Inspector regarding the workplace safety and health standards that must be met during a drilling project, also refer to the Heath and Safety Guideline for Diamond Drilling and Notice of Diamond Drill Operations. (54.8kb PDF)
All drill and boreholes should be properly plugged if there is a risk of the following:
Appropriate plugging methods may vary and will depend on the type of hole and geology. Ontario Water Resources Act water well regulations may apply. See my Laws - Water Well Regulations.
Under the Mining Act, Permission to Test Material is required for bulk sampling on unpatented claims. Further, net proceeds from the sale of any mineral product must be returned to the province under terms of the Permission to Test Material. See myLaws - Permission to Test Material.
Note that the excavation of material in excess of 1,000 tonnes also triggers the requirements of Advanced Exploration.
A permit is required for the purchase of blasting explosives when it is for personal use and not for sale or transfer, when the quantity does not exceed the licencing threshold of 75 kilograms and/or 100 detonators, and storing does not exceed 90 days. This permit can be obtained from the licenced explosives vendor nearest you. See myLaws - Explosives Permit.
Licences are required for the establishment of a storage facility for all explosives where quantities exceed 75 kilograms or 100 detonators. Licences are issued by regional offices of the Explosives Regulatory Division of Natural Resources Canada. See myLaws - Magazine Licence.
Procedures for storage and use of explosives are outlined in the Occupational Health and Safety Act - Regulation for Mines and Mining Plants. A Notification to the Ministry of Labour inspector and the joint health and safety committee is required. See myLaws – Notice of Explosives and the section on health and safety for more information.
The Ontario Ministry of Labour has a fact sheet titled "How to Obtain Blasting Explosives".
If the surface stripping program is carried out in a forested area, a Forest Resource Licence may be required to cut timber. Contact your Ministry of Natural Resources (MNR) district office for information on the permit requirements. See myLaws - Timber Licence.
If you are planning to do any burning while you carry out your exploration program, please review the Burning Guidelines in order to determine if a fire permit is required. Fire permits may be obtained from your Local Ministry of Natural Resources office. See myLaws - Burning Permits.
A work permit is required from MNR for the construction of all roads, buildings or structures on Crown lands with the exception of roads already approved under the Crown Forest Sustainability Act. See myLaws - Work Permit-PLA. Also See Working in or Near Water – Water Crossings.
Special terms and conditions may apply to mineral exploration activities in areas designated by the Minister as environmentally sensitive. In these areas, proponents are required to apply for work permits issued under the Public Lands Act to conduct disruptive mineral exploration activities. The Resident Geologist Office in Kirkland Lake is authorized under the Public Lands Act, to issue these work permits. Please contact the Resident Geologist Office in Kirkland Lake, or the Regional Land Use Geologist for clarification. See myLaws - Work Permit - Disruptive Mineral Exploration Activities.
Public forest access roads can be opened or closed at the discretion of the MNR - district manager by authority of the Public Lands Act S.52. The District Manager may also grant a permit for travel under terms and conditions he or she may consider advisable. Access roads may be closed by barricade or posting of signage. Proponents should contact the local MNR office for current road conditions and closures.
Private forest access roads may not be accessible to the public unless under term and conditions of an agreement with the land holder.
Where public lands over which a portage has existed or exists have been sold or otherwise disposed of, any person travelling on waters connected by the portage has the right to pass over and along the portage with the person's effects without permission or payment to the owner of the lands.
Under the Mining Act, prospecting and staking in Ontario can occur on privately owned lands. A prospector must respect the rights of the property owner. Staking cannot disrupt other land use such as crops, gardens or recreation areas, and the prospector is liable for any damage made while making property improvements. Information on the requirements for prospecting and exploration on privately owned lands is available here.
Water crossings, including culverts, bridges and winter ice bridges, will require approval from the Ministry of Natural Resources. This applies to all water crossings whether on Crown, municipal, leased or private land and includes water crossings for trails. Authorization may take the form of a work permit under the Public Lands Act (PLA) or approvals under the Lakes and Rivers Improvement Act (LRIA). Information about water crossing requirements can be found at the Ministry of Natural Resources website here. See myLaws - Work Permit–PLA, and Athorization–LRIA. Readers are advised to contact your local Ministry of Natural Resources office to obtain the appropriate approval.
In areas under the jurisdiction of a conservation authority, some activities may be managed or regulated by the conservation authority. Please contact your local conservation authority for more information.
In circumstances where there is potential to affect fish or fish habitat, the federal Department of Fisheries and Oceans (DFO) must be contacted. Proper planning and care must be taken to mitigate impact on water quality and fish habitat. Where impact on fish habitat is unavoidable, a Fisheries Act Authorization will be required from DFO. In some cases, the Ministry of Natural Resources and your local conservation authority may also be involved. See myLaws - Fish Habitat Authorization.
Any work undertaken in a navigable waterway must receive Transport Canada's approval prior to its construction. The type of approval required and the process to be followed will vary depending on the type and complexity of the proposed work. See myLaws - Navigable Waters.
There are a number of environmental assessment (EA) processes that may apply to an exploration project. Projects requiring work permits under the Public Lands Act and Lakes and Rivers Improvement Act are subject to screening under the Class EA process of the Ministry of Natural Resources. These EA processes may be fairly routine; however, there may be instances where more significant processes may be triggered.
See the section on Environmental Assessments.
Caution must be exercised when working around inactive or abandoned mine sites.
Surface facilities and underground mine workings may be hazardous and must be approached with caution.
Underground mine workings and confined spaces must never be entered without following the appropriate safety procedures and following all applicable legislation.
For safety precautions for working near potential mine hazards please contact the Ministry of Labour.
For information on abandoned mines and mine hazards see the Ministry of Northern Development and Mine’s Abandoned Mines website.
Construction of an exploration camp requires a work permit if located on Crown land (see section on Working on Crown Lands above). The use of a tent camp on mining claims does not require a work permit, but the use of a temporary camp on Crown land may require the issuance of a temporary Land Use Permit under the Public Lands Act. Construction of buildings will require a work permit. See myLaws - Land Use Permit, Work Permit.
Camp health and hygiene is regulated by the Health Protection and Promotion Act administered by the Ministry of Health and community public health units. A Notice of Camp Opening is required for field camps serving five or more persons in unorganized territory. Local heath units may also approve small-sized sewage systems for these camps depending on the number of people in the camp. See myLaws - Notice of Camp Opening.
The Mines and Aggregate Safety and Health Association has the following publications available for purchase:
Drilling on, or adjacent to, a provincial highway right-of-way may require a permit from the Ontario Ministry of Transportation (MTO). Information on encroachments can be obtained from your local MTO highway corridor management office. See myLaws - Encroachment Permit.
Private railway crossings may require a use and maintenance agreement with the local railway company. Please contact the specific railway company for further information.