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# result(s)

Mining Act

ONTARIO REGULATION 45/11

GENERAL

Historical version for the period July 1, 2011 to October 1, 2012.

No amendments.

This is the English version of a bilingual regulation.

Interpretation

Mine

1. For purposes of the definition of “mine” when used as a noun in section 1 of the Act, a prescribed substance is any discharge or waste produced as a result of washing, crushing, grinding, sifting, reducing, leaching, roasting, smelting, refining, treating or research on a mineral or mineral bearing substance. O. Reg. 45/11, s. 1.

Annual Rents

Annual rent, s. 41 of Act

2. The annual rental for a licence of occupation under section 41 of the Act is $5 per hectare. O. Reg. 45/11, s. 2.

Annual rent, ss. 81, 82 and 83 of Act

3. The annual rental for a lease or renewal lease under sections 81, 82 and 83 of the Act is $3 per hectare whether the lease is of both mining rights and surface rights or of mining rights only. O. Reg. 45/11, s. 3.

Annual rent, s. 84 of Act

4. The annual rental for a lease or renewal lease of surface rights under section 84 of the Act is $3 per hectare. O. Reg. 45/11, s. 4.

Rate of Interest and Tax

Rate of interest

5. Where the Act provides for interest to be charged on rentals, taxes or on amounts that the Commissioner has ordered to be paid pursuant to subsections 181 (2) and 196 (1) of the Act, the rate of interest for each calendar year is the rate of interest on January 1 of that calendar year, calculated in accordance with Ontario Regulation 310/97 (Rates of Interest) made under the Land Transfer Tax Act for amounts payable by a person under that Act. O. Reg. 45/11, s. 5.

Mining tax re s. 187 of Act

6. The mining land tax payable under section 187 of the Act is $4 per hectare per year. O. Reg. 45/11, s. 6.

Filing Documents

Filing documents by fax or other electronic means

7. (1) Documents may be filed at the Provincial Recording Office, or at such other office as may be specified in accordance with subsection 15 (2) of the Act, by fax or by other electronic means. O. Reg. 45/11, s. 7 (1).

(2) Documents filed by fax or other electronic means that are received in the appropriate office after 4:30 p.m. on any business day for that office, or received on any day when the office is not open for business, are deemed to have been filed at 8:30 a.m. on the next day that the office is open for business. O. Reg. 45/11, s. 7 (2).

Deemed time of filing, general

8. (1) The time of filing a document filed by fax is deemed to be the time the transmission is completed in the Provincial Recording Office, or at such other office as may be specified in accordance with subsection 15 (2) of the Act, as evidenced by the time shown on the last page of the transmission as printed in the appropriate office. O. Reg. 45/11, s. 8 (1).

(2) Documents filed by fax during a period referred to in subsection 7 (2) are deemed to have been filed in the order in which they were received in the office, as evidenced by the time shown on the last page of each transmission as printed in the appropriate office. O. Reg. 45/11, s. 8 (2).

(3) The time of filing a document by other electronic means is deemed to be the time the document is received in the Provincial Recording Office, or at such other office as may be specified in accordance with subsection 15 (2) of the Act, as evidenced by the time indicated by the receiving system in the appropriate office. O. Reg. 45/11, s. 8 (3).

(4) Documents filed by other electronic means during a period referred to in subsection 7 (2) are deemed to have been filed in the order in which they were received in the office, as evidenced by the time indicated by the receiving system in the appropriate office. O. Reg. 45/11, s. 8 (4).

Deemed time of filing, fees

9. If fees are required to be paid to a recorder in respect of the filing of a document that is being filed by fax or other electronic means, the time of filing is deemed to be the later of the time of filing determined under sections 7 and 8 and the time the fees are received in the appropriate office. O. Reg. 45/11, s. 9.

Miscellaneous

Notice of intention re s. 183 (2) of Act

10. (1) A person who files a notice of intention to retain an interest in surrendered mining lands under subsection 183 (2) of the Act shall, within 120 days after the filing of the notice, stake and record or cause to be staked and recorded mining claims on the lands in which an interest is to be retained. O. Reg. 45/11, s. 10 (1).

(2) The person who files the notice of intention shall ensure that the claims are staked and recorded in the size, form and manner specified under the Act. O. Reg. 45/11, s. 10 (2).

Conditions re partial abandonment

11. The following conditions apply with respect to the partial abandonment of a mining claim under subsection 70 (2) of the Act:

1. Before the notice of partial abandonment is filed, the first prescribed unit of assessment work for the claim must be completed and the report of assessment work must be filed and approved.

2. The holder of the mining claim shall file the notice of partial abandonment at least 60 days before the next anniversary date of the claim.

3. The portion of the claim remaining after partial abandonment must be contiguous.

4. Any assessment work performed on the portion of the claim being abandoned lapses upon the filing of the notice of partial abandonment unless the report of assessment work for that work has been filed and approved.

5. The amount of assessment work credits applied to the claim shall be reduced by the proportion that the area of the portion of the claim being abandoned bears to the total area of the claim. O. Reg. 45/11, s. 11.

Criteria re s. 35.1 (9) of Act

12. The following are the additional criteria for consideration by the Minister under subsection 35.1 (9) of the Act:

1. The size of the land.

2. The existing and proposed use of the surface rights. O. Reg. 45/11, s. 12.

Land open for staking under s. 35.1 (11) of Act

13. When lands in Northern Ontario have been opened for staking under subsection 35.1 (11) of the Act, the opening shall occur in the following manner:

1. The lands described in the Minister’s opening order are open for prospecting, staking, sale and lease as of when the order is signed.

2. The Minister’s opening order will be posted in the Provincial Recording Office and on the Ministry’s website.

3. The applicant will be notified when the opening order has been signed.

4. The applicant will be notified in writing of the reasons for refusal, if the Minister does not order the lands open for staking. O. Reg. 45/11, s. 13.

Notification required under s. 189 (1.2) of Act

14. A notification by a land owner as required under subsection 189 (1.2) of the Act shall be made in writing and submitted not less than 30 days before the date of the intended change of use. O. Reg. 45/11, s. 14.

15. Omitted (revokes other Regulations). O. Reg. 45/11, s. 15.

16. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 45/11, s. 16.