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Mining Act

ONTARIO REGULATION 6/96

Amended to O. Reg. 309/04

ASSESSMENT WORK

Historical version for the period October 4, 2004 to December 2, 2004.

This is the English version of a bilingual regulation.

1. In this Regulation,

“assessment year” means,

(a) the year between the date of recording of a claim and the first anniversary date, and

(b) the year between anniversary dates. O. Reg. 6/96, s. 1.

2. Until a lease is applied for, the holder of a mining claim must perform and apply on that claim assessment work having the minimum value specified in Column 2 within the period specified in Column 1:

Column 1

Column 2

Number of assessment years after the recording of the claim

Cumulative value of assessment work for each 16 hectare unit in the claim

1

$0

2

400

3

800

4

1200

5

1600

6 and subsequent years

An additional $400 per year

O. Reg. 6/96, s. 2.

3. (1) Expenses incurred by the holder of mining land are eligible for credit as assessment work if they are related to a type of work eligible for assessment work credit under this Regulation and if they are expenses related to,

(a) labour and field supervision;

(b) contractor’s and consultant’s fees;

(c) supplies used and equipment rental;

(d) food and lodging;

(e) transportation of supplies from the point of procurement to the mining land;

(f) shipment of samples;

(g) the cost of assays and chemical analyses of samples from the mining land;

(h) transportation of persons within Ontario to and from the mining land; and

(i) moving of equipment to and from the mining land within Ontario. O. Reg. 6/96, s. 3 (1).

(2) Expenses related to rehabilitation work done in respect of reclamation of mining land are eligible for assessment work credit. O. Reg. 6/96, s. 3 (2).

(3) If the holder of mining land personally works on the land, that work is eligible for assessment work credit at a value based on industry standards for similar work. O. Reg. 6/96, s. 3 (3).

(4) Expenses are eligible for assessment work credit carried out for the purposes of exploration at a value based on industry standards for similar work if they are accompanied by a technical report under section 6 and one or more of sections 8 to 19. O. Reg. 6/96, s. 3 (4).

(5) Subject to section 8, assessment work is eligible for assessment work credit and assignment on condition that the work has been performed after the recording of a mining claim. O. Reg. 6/96, s. 3 (5).

4. (1) Subject to sections 8 and 21, assessment work performed on mining land in any assessment year is eligible for assessment work credit if filed within 60 months after the date of performance. O. Reg. 6/96, s. 4 (1).

Note: On December 3, 2004, subsection (1) is amended by striking out “Subject to sections 8 and 21” at the beginning and substituting “Subject to section 8”. See: O. Reg. 309/04, ss. 1 (1), 12.

(2) Despite subsection (1), assessment work performed before June 3, 1991 on leased, licensed and patented mining land, excluding mining claims, is not eligible for assessment work credit. O. Reg. 6/96, s. 4 (2).

Note: On December 3, 2004, subsection (2) is revoked. See: O. Reg. 309/04, ss. 1 (2), 12.

(3) Assessment work filed for credit within 24 months after the date of performance shall be credited at 100 per cent of the value. O. Reg. 6/96, s. 4 (3).

(4) Assessment work filed for credit after 24 and before 60 months after the date of performance shall be credited at 50 per cent of the value. O. Reg. 6/96, s. 4 (4).

(5) At the request of the holder,

(a) the recorder shall bank and carry forward approved assessment work credits indefinitely; and

(b) banked assessment work credits may be applied against assessment work requirements for the unpatented mining claim on which they were earned or a contiguous unpatented mining claim, as provided in subsections 7 (1) and (2), for the current assessment year and up to a maximum of five subsequent assessment years. O. Reg. 6/96, s. 4 (5).

(6) Assessment work credits referred to in clause (5) (a) may be applied to unpatented mining claims as provided in subsections 7 (1) and (2). O. Reg. 6/96, s. 4 (6).

(7) The banked amount is a credit in respect of the relevant mining claim even if the claim is transferred or leased but reverts to zero if the claim is forfeited or otherwise terminated. O. Reg. 6/96, s. 4 (7).

(8) No unpatented mining claim may be put in good standing for more than the current assessment year and for more than five subsequent assessment years. O. Reg. 6/96, s. 4 (8).

5. Upon application, an extension of time under subsection 73 (1) of the Act may be granted for a period of not more than one year on the following conditions:

1. Assessment work requirements are filed and approved for the second assessment year of the claim.

2. There is no deficiency of assessment work to be performed and filed under any previous extension of time granted for performing and filing assessment work. O. Reg. 6/96, s. 5.

6. (1) All technical work reports must be filed in duplicate with the prescribed form and a statement of costs in the office of the recorder for the mining division in which the mining land is located. O. Reg. 6/96, s. 6 (1).

Note: On December 3, 2004, subsection (1) is revoked and the following substituted:

(1) All technical work reports must be filed in duplicate with the prescribed form and a statement of costs in the office designated by the Minister. O. Reg. 309/04, s. 2 (1).

See: O. Reg. 309/04, ss. 2 (1), 12.

(2) The recorder shall forward a copy of the material filed to the Minister for approval. O. Reg. 6/96, s. 6 (2).

Note: On December 3, 2004, subsection (2) is revoked. See: O. Reg. 309/04, ss. 2 (2), 12.

(3) The Minister may reject all or part of the assessment work submitted for work credit and may reduce a work credit if,

(a) the assessment work has not in fact been carried out on the mining land;

(b) the work report is incomplete;

(c) the data presented in the work report is not in a comprehensible form;

(d) the work report is not accompanied by adequate technical support data as required by this Regulation;

(e) the cost claimed for assessment work credit exceeds the industry standard for similar work;

(f) the assessment work is a duplication of previous work performed and reported; or

(g) the data presented in the work report consists predominantly of expressions of opinion or compilations of previously published material and previously accepted documents. O. Reg. 6/96, s. 6 (3).

Note: On December 3, 2004, clauses (f) and (g) are revoked and the following substituted:

(f) the assessment work is a duplication of work previously performed and reported;

(g) the data presented in the work report consists predominantly of expressions of opinion or of compilations of previously published material or previously accepted documents, or of both types of compilations; or

(h) the type of work reported or the cost claimed for assessment work credit is not eligible for assessment work credit.

See: O. Reg. 309/04, ss. 2 (3), 12.

(4) If assessment work claimed is rejected for assessment work credit or a work credit is reduced, the Minister shall notify the holder of the mining land, in writing, of the reason in detail. O. Reg. 6/96, s. 6 (4).

(5) If, within 45 days after the date of the notification, the holder of the land files with the Minister a revised work report and the work credit requirements are met, the revised report shall be deemed to have been filed on the day the rejected work report was filed. O. Reg. 6/96, s. 6 (5).

(6) The Minister may reject all or part of the assessment work submitted for work credit if the holder of the land fails to verify the expenses claimed on the statement of costs within 45 days after a written request for verification is made by the Minister. O. Reg. 6/96, s. 6 (6).

(7) If no notification of rejection or reduction under subsection (4) or no request for verification of expenses is given by the Minister within 90 days after the work report is filed, eligible assessment work described in the work report shall be deemed to be approved for assessment work credit. O. Reg. 6/96, s. 6 (7).

(8) If a mining claim is forfeited as a result of a rejection or reduction of assessment work credit, the land may not be staked until 7 a.m. standard time on the day after the mining recorder notes on the record that the mining claim has been cancelled. O. Reg. 6/96, s. 6 (8).

Note: On December 3, 2004, subsection (8) is revoked. See: O. Reg. 309/04, ss. 2 (4), 12.

7. (1) A person who is a holder of or has a beneficial interest in contiguous mining land, or who is an optionee of record of such land may perform on that land assessment work that is required to be performed on contiguous unpatented mining claims of which the person is a holder, in which the person has a beneficial interest or of which the person is an optionee of record at the time the assessment work is performed and reported. O. Reg. 6/96, s. 7 (1).

(2) If, subsequent to assessment work having been performed as authorized under subsection (1), another person becomes a holder of the contiguous mining land and the contiguous unpatented mining claims, has a beneficial interest in such land and claims or becomes an optionee of record of such land and claims, that person,

(a) may report that assessment work performed on the mining land that has not been reported; and

(b) may assign that assessment work reported with respect to the mining land to the contiguous unpatented mining claims. O. Reg. 6/96, s. 7 (2).

(3) Assessment work that is filed for assignment to contiguous unpatented claims must be accompanied by a certified abstract of the holder’s title for the land or proof of a beneficial interest in the land. O. Reg. 6/96, s. 7 (3).

(4) The maximum value of the assessment work that may be assigned from an unpatented mining claim to a contiguous unpatented claim within contiguous mining land in any assessment year is $24,000 per unit up to a maximum of $96,000. O. Reg. 6/96, s. 7 (4).

(5) The maximum value of assessment work that may be assigned from mining land other than from unpatented mining claims in an assessment year is $1,500 per hectare up to a maximum of $96,000. O. Reg. 6/96, s. 7 (5).

(6) For the purpose of subsection (4), the assessment year for all mining land except unpatented mining claims is the calendar year. O. Reg. 6/96, s. 7 (6).

8. (1) Only regional surveys and prospecting work performed on Crown land and mining rights that are open for staking before the recording of a mining claim are eligible for assessment work credit and assignment and then only if,

(a) they were performed no earlier than 12 months before the recording date; and

(b) a claim for the credit is submitted within one year following the recording date. O. Reg. 6/96, s. 8 (1).

(2) Regional surveys and prospecting are eligible for assessment work credit at a rate of 100 per cent of the costs in relation to any mining claim subsequently staked and recorded in the area covered by the survey or prospecting and at a rate of 25 per cent in relation to any other Crown land that is part of the survey or prospecting. O. Reg. 6/96, s. 8 (2).

(3) Work reported under subsection (2) must be banked on mining claims subsequently staked and recorded within the area covered by the survey or prospecting. O. Reg. 6/96, s. 8 (3).

(4) To obtain assessment work credit, the regional survey must be submitted in its entirety and must be accompanied by a survey report substantially in the form outlined in section 11. O. Reg. 6/96, s. 8 (4).

(5) Prospecting work carried out in conformity with the Act and performed before or after the recording of a mining claim is eligible for assessment work credit at the industry standard labour rate plus expenses if a report, a plan and results of assays performed are submitted substantially in the form outlined in section 9. O. Reg. 6/96, s. 8 (5).

9. Prospecting work is eligible for assessment work credit if the holder of the claim submits,

(a) a report,

(i) describing in detail the nature and content of the work and the observations made during performance of the work,

(ii) stating the dates on which the work was performed,

(iii) stating the licence numbers and names of persons who performed the work, and

(iv) signed by the persons who performed the work;

(b) a plan of the mining claim drawn in ink on durable paper at a scale of between 1:100 and 1:5,000 showing,

(i) the location of all traverses,

(ii) the location of all outcrops investigated and rock types, mineralization and trenches,

(iii) any established survey lines and stations,

(iv) any roads, trails and other distinctive topographic features,

(v) a graphic or bar scale and the north direction and indicating whether the bearing is astronomic or magnetic,

(vi) the mining claim clearly identified by outline and claim post locations,

(vii) the character of the overburden including boulders, clay, gravel, sand, and

(viii) the distribution of swamp, muskeg and forest cover areas along all lines traversed; and

(c) within 60 days after the submission of the report referred to in clause (a), the location, sample numbers and results of all sampling and assays performed with appropriate certificates. O. Reg. 6/96, s. 9.

Note: On December 3, 2004, section 9 is revoked and the following substituted:

9. Prospecting work is eligible for assessment work credit if the holder of the claim submits,

(a) a report on good quality paper suitable for reproduction,

(i) identifying the mining land on which the survey was performed, its location and the means of access to it,

(ii) containing a key map showing the land surveyed in relation to identifiable topographic features and township boundaries or in relation to established survey lines, stations or markers,

(iii) providing a daily log describing in detail the nature and content of the work and the nature of rocks and mineralization observed during the performance of the work,

(iv) including all assays and analyses with their corresponding certificates,

(v) giving the names of the persons who performed the work, along with their signatures,

(vi) giving the date of completion of the report; and

(b) a legible, uncoloured plan of the mining claim, drawn in ink on durable paper at a scale between 1:100 and 1:5,000 and suitable for photographic reproduction, showing,

(i) the location and date of all traverses,

(ii) the location of all outcrops investigated and of rock types, mineralization and trenches,

(iii) a plan of sampling, clearly identifying the location of each sample by number, letter or grid coordinate designation,

(iv) the character of the overburden, including boulders, clay, gravel and sand,

(v) the distribution of swamp, muskeg and forest cover areas along all lines traversed,

(vi) lakes, streams and other notable topographic features, and railways, roads, trails, power lines, pipelines and buildings,

(vii) claim posts and boundary lines, township boundary lines, lot and concession lines, base lines, established survey lines, if any, and stations,

(viii) the mining claim, lease, patent or parcel numbers of all mining land covered by the survey,

(ix) a descriptive list of all symbols used, and

(x) a graphic or bar scale and the north direction and indicating whether the bearing is astronomic or magnetic. O. Reg. 309/04, s. 3.

See: O. Reg. 309/04, ss. 3, 12.

10. (1) The types of physical work eligible for assessment work credit are,

(a) manual and mechanical overburden stripping;

(b) bedrock trenching;

(c) shaft sinking;

(d) driving adits;

(e) open cutting;

(f) digging pits;

(g) recutting boundary claim lines once every five years; and

(h) dewatering of underground workings. O. Reg. 6/96, s. 10 (1).

Note: On December 3, 2004, subsection (1) is revoked and the following substituted:

(1) The types of physical work eligible for assessment work credit are,

(a) manual and mechanical overburden stripping;

(b) bedrock trenching;

(c) open cutting;

(d) digging pits; and

(e) recutting boundary claim lines once every five years. O. Reg. 309/04, s. 4.

See: O. Reg. 309/04, ss. 4, 12.

(2) Physical work submitted for assessment work credit must be supported by,

(a) a brief report of work outlining,

(i) the nature of the rocks and mineralization exposed,

(ii) all assay results, with appropriate certificates, of any samples taken,

(iii) the type of equipment used,

(iv) the hours and dates that the equipment was used and the operator worked and the hourly rates for each, and

(v) if there is any recutting of claim boundary lines, the location of claim lines, claim posts and geographic, geologic and exploration features; and

(b) a legible, uncoloured, detailed map of the workings on durable paper at a scale between 1:5,000 and 1:10 suitable for photographic reproduction, showing,

(i) the location of trenches and stripping areas in relation to the land disposition boundaries, claim lines, claim posts and topography, and any survey, grid or coordinate lines, survey stations, roads or trails,

(ii) the dimension of workings, trenches and stripping,

(iii) the nature of the rocks and mineralization exposed,

(iv) the plan of sampling, and

(v) a graphic or bar scale and the north direction and indicating whether the bearing is astronomic or magnetic. O. Reg. 6/96, s. 10 (2).

Note: On December 3, 2004, subsection (2) is revoked and the following substituted:

(2) Physical work submitted for assessment work credit must be supported by,

(a) a report on good quality paper suitable for reproduction,

(i) identifying the mining land on which the work was performed, its location and the means of access to it,

(ii) stating the purpose for which the physical work was performed,

(iii) containing a key map showing the land worked in relation to identifiable topographic features and township boundaries or established survey lines, stations or markers,

(iv) providing a daily log describing in detail the nature and content of the work and the observations made during the performance of the work, the nature of rocks and mineralization exposed, as well as the type of equipment used, the dates and hours of use of the equipment, the dates and hours worked by the equipment operator and the hourly rates for equipment use and for the operator,

(v) including all assays and analyses with their corresponding certificates,

(vi) giving the name of the person who prepared the report, his or her signature and the date of completion of the report, and

(vii) if there is any recutting of the boundary lines, identifying which claim lines were cut;

(b) a legible, uncoloured plan of the mining claim, drawn in ink on durable paper at a scale between 1:100 and 1:5,000 and suitable for photographic reproduction, showing,

(i) the location of trenches and stripped areas in relation to the land disposition boundaries,

(ii) lakes, streams and other notable topographic features, and railways, roads, trails, power lines, pipelines and buildings,

(iii) claim posts and boundary lines, township boundary lines, lot and concession lines, base lines, established survey lines, if any, and grid stations,

(iv) the mining claim, leases, patent or parcel numbers of all mining land covered by the work,

(v) a graphic or bar scale and the north direction and indicating whether the bearing is astronomic or magnetic, and

(vi) if there is any recutting of claim boundary lines, the location of the claim lines cut, claim posts and topographic features; and

(c) a legible, uncoloured, detailed plan of each of the workings, drawn in ink on durable paper at a scale between 1:10 and 1:500 and suitable for photographic reproduction,

(i) showing the dimensions of the workings, trenches and stripping and clearly identifying areas previously worked, if applicable, and new surface stripping, bedrock trenching and known rock outcrops,

(ii) showing the nature of the rocks and mineralization exposed during the performance of the work,

(iii) clearly identifying the location of each sample by number, letter or grid coordinate designation,

(iv) showing a graphic or bar scale and the north direction and indicating whether the bearing is astronomic or magnetic, and

(v) showing a descriptive list of all symbols used. O. Reg. 309/04, s. 4.

See: O. Reg. 309/04, ss. 4, 12.

(3) Line cutting and ground control surveys are eligible for assessment work credit only if accompanied by a report of a geological, geochemical, geophysical or other survey performed on the lines. O. Reg. 6/96, s. 10 (3).

(4) Subsequent line cutting and ground control surveys are not eligible for assessment work credit unless new lines have been cut or the existing grid re-established for that survey. O. Reg. 6/96, s. 10 (4).

(5) The grid or picket lines on the surveys must be established and located with respect to base lines, claim posts and readily identifiable topographic features. O. Reg. 6/96, s. 10 (5).

11. (1) A geotechnical survey relating to geological, geochemical, geophysical, airborne geophysical or regional survey work is eligible for assessment work credit if a typewritten survey report is submitted on good quality paper suitable for reproduction. O. Reg. 6/96, s. 11 (1).

(2) The survey report must,

(a) contain a table of contents and a list of illustrations;

(b) identify the mining land on which the survey was performed;

(c) give the names and addresses of the holders of the land covered by the survey;

(d) identify the location of and means of access to the land;

(e) contain a key map showing the land surveyed in relation to identifiable topographic features and township boundaries or established survey lines, stations or markers;

(f) identify the author of the report;

(g) give the names and addresses of the persons who supervised the survey;

(h) give the dates during which the survey work was performed;

(i) give a summary of the exploration and development work performed on the land;

(j) include all assays and analyses with appropriate certificates;

(k) give an interpretation of anomalous values and a recommendation for further exploration;

(l) provide a statement of qualifications of the person who conducted the survey and drafted the report;

(m) give the date of completion of the report;

(n) be signed by the author; and

(o) contain a list of references or a bibliography. O. Reg. 6/96, s. 11 (2).

(3) Any geotechnical survey report submitted for assessment work credit must be accompanied by an uncoloured map or plan on durable paper or transparencies that uses a scale between 1:5,000 and 1:10 or, in the case of a regional survey, between 1:250,000 and 1:5,000 and shows,

(a) traverse lines that have been run;

(b) a graphic or bar scale and the north direction and indicating whether the bearing is astronomic or magnetic;

(c) lakes, streams and other notable topographic features, and railways, roads, trails, power lines, pipelines and buildings;

(d) claim posts and boundary lines, township boundary lines, lot and concession lines, base lines, picket lines and traverse lines;

(e) survey stations and markers in relation to topographic features;

(f) any grid or coordinate lines established for reference purposes;

(g) the mining claim, lease, patent or parcel numbers of all mining land covered by the survey; and

(h) the printed name of the author of the accompanying report. O. Reg. 6/96, s. 11 (3).

Note: On December 3, 2004, subsection (3) is revoked and the following substituted:

(3) Any geotechnical report submitted for assessment work credit must be accompanied by a legible, uncoloured map or plan on durable paper or transparencies, suitable for reproduction, that uses a scale between 1:10 and 1:5,000 or, in the case of a regional survey, between 1:5,000 and 1:250,000 and shows,

(a) traverse lines that have been run;

(b) a graphic or bar scale and the north direction and indicates whether the bearing is astronomic or magnetic;

(c) lakes, streams and other notable topographic features, and railways, roads, trails, power lines, pipelines and buildings;

(d) claim posts and boundary lines, township boundary lines, lot and concession lines, base lines, picket lines and traverse lines;

(e) survey stations and markers in relation to topographic features;

(f) grid coordinate lines established for reference purposes;

(g) the mining claim, lease, patent or parcel numbers of all mining land covered by the survey;

(h) the printed name of the author of the accompanying report;

(i) a plan of sampling clearly identifying the location of each sample by number, letter or grid coordinate designation; and

(j) a descriptive list of all symbols used. O. Reg. 309/04, s. 5.

See: O. Reg. 309/04, ss. 5, 12.

(4) In areas where suitable base maps are not available, the key map may be plotted on aerial photographic mosaics at a scale between 1:50,000 and 1:5,000. O. Reg. 6/96, s. 11 (4).

12. (1) A geological survey report submitted for assessment work credit must, in addition to complying with the requirements of subsection 11 (2),

(a) contain a table of the rock types, lithologies and formations with their description;

(b) describe the regional and property geology;

(c) give descriptions of significant geological structures;

(d) identify the character, attitudes and dimensions of any veins, mineralization and alteration found during the survey; and

(e) identify the sources of geological data contained in the report if obtained from sources other than the survey being reported. O. Reg. 6/96, s. 12 (1).

Note: On December 3, 2004, subsection (1) is amended by striking out “and” at the end of clause (d), by adding “and” at the end of clause (e) and by adding the following clause:

(f) give the number of days spent in the field and the names of the persons who performed the geological mapping, including a statement of their qualifications.

See: O. Reg. 309/04, ss. 6, 12.

(2) Any geological map or plan submitted in connection with a geological survey report must, in addition to complying with the requirements of subsection 11 (3),

(a) contain a table of rock types, lithologies and formations with a descriptive list of the symbols used;

(b) show outcrops designated by a letter or number corresponding to the rock type, lithologies and formations;

(c) show the character of the overburden including boulder, clay, gravel or sand;

(d) show the distribution of swamp, muskeg and forest cover areas along all lines traversed;

(e) show all observed and interpreted folds, schistosity, actual and indicated faults, attitudes of flows and stratified rocks, including strikes and dips, and the direction in which they face, locations and attitudes of actual and interpreted contacts and other structural features;

(f) show zones of shearing, alteration or mineralization and veins;

(g) show the location of trenches, test pits, shafts and adits; and

(h) show, where known, the location, direction, dip and length of drill holes. O. Reg. 6/96, s. 12 (2).

(3) If available, the dimensions and grade of the mineral deposit, assay plans, and analyses must be submitted with the geological survey report. O. Reg. 6/96, s. 12 (3).

13. (1) Any geochemical survey report submitted for assessment work credit must, in addition to complying with the requirements of subsection 11 (2),

(a) disclose and identify any geochemical data obtained in the report that has been obtained from any source other than the survey;

(b) provide pertinent geological, topographic, ground water and surface water data with particular emphasis on the material being sampled;

(c) describe the type, location and number of the samples collected and the tools used in collecting the samples;

(d) in the case of soil samples, indicate the depth or range of depth below the surface and the particular soil horizon sampled;

(e) in the case of samples of living vegetation, plant, humus or peat, describe the samples as specifically and completely as possible, including giving the plant name, species, part of the plant sampled, and location of the material sampled;

(f) if only a part of the sample is to be used for analysis, indicate the procedure used to obtain this part of the sample or particular size fraction, and in any biochemical report indicate the sample preparation technique;

(g) give the numbers of the samples and their analytical results, and state whether the analysis was made in the field, a field laboratory or a commercial laboratory and indicate the name of the laboratory;

(h) give the weight of the sample used, extraction method, analytical method and elements determined;

(i) give an estimate of the data variability, if calculated;

(j) indicate the total number of sample stations and kilometres of line traversed;

(k) give an analysis of the geochemical data by mathematical or other means in order to establish background, threshold and anomalous values;

(l) describe the possible causes of background and threshold and anomalous values, relating the anomalous values to known or speculated causes; and

(m) give an evaluation of the significance of anomalous values together with recommendations for further exploration. O. Reg. 6/96, s. 13 (1).

(2) Any geochemical map or plan submitted in connection with a geochemical survey report must, in addition to complying with the requirements of subsection 11 (3),

(a) show all station points and sample numbers and any other maps of assay results, where produced;

(b) provide a legend or explanation to identify the units plotted with clear definitions of all abbreviations used on the map;

(c) show profiles or contours as determined from the analytical results of the survey and give the vertical scale where profiles are used; and

(d) show the printed name of the author of the related geochemical report. O. Reg. 6/96, s. 13 (2).

(3) A geochemical survey is not eligible for assessment work credit unless copies of all the certified analytical results are submitted. O. Reg. 6/96, s. 13 (3).

14. (1) Any geophysical survey report submitted for assessment work credit must, in addition to complying with the requirements of subsection 11 (2),

(a) identify the name, type and model of the instrument used to perform the survey, specifying the scale constant or sensitivity;

(b) describe the method of survey and the use of the instrument and operational technique;

(c) specify the total distance of line traversed for each type of survey performed;

(d) give the background count for radiometric readings;

(e) identify the sources of any geophysical or geological data contained in the report or shown on the accompanying illustrations which have been obtained from any source other than the survey being reported;

Note: On December 3, 2004, subsection (1) is amended by adding the following clause:

(e.1) in cases of underwater geophysical data, specify the method of navigation or ground control related to data recovery;

See: O. Reg. 309/04, ss. 7 (1), 12.

(f) give an analysis of the geophysical data to better define the geometrical and physical parameters of the anomalous zones;

(g) describe the possible causes of background and anomalous values relating the latter to known or speculated causes; and

(h) give a brief evaluation of the significance of anomalous values and recommendations for further exploratory work. O. Reg. 6/96, s. 14 (1).

(2) Any geophysical map or plan submitted in connection with a geophysical survey report must, in addition to complying with the requirements of subsection 11 (3),

(a) show all station points, the values of readings taken and the units measured such as gammas, degrees, milliamps, milligals, milliseconds and ohmmeters, and dimensionless units such as per cent and ratios;

(b) show basic numerical data and filtered data if available;

(c) indicate total radiation units or radiation units from uranium, thorium or potassium separately or in combination for radiometric surveys on land;

(d) show, where appropriate, the location of a topographic feature as a main base control point;

(e) show profiles or contours as determined from the values obtained by the survey and give the vertical scale where profiles are used;

(f) contain a legend or explanation indicating how the measured units in clause (a) are plotted, anomalous zones are indicated and spurious suspect readings are identified and indicating the radiometric background count; and

(g) contain an outcrop map where a radiometric survey has been performed. O. Reg. 6/96, s. 14 (2).

Note: On December 3, 2004, subsection (2) is amended by striking out “and” at the end of clause (f) and by adding the following clauses:

(h) show recovered tracks and sub-bottom information, if available, for underwater geophysics; and

(i) provide a plan showing the projection of the drill hole to surface with the loop configuration, and a drill hole section for a down hole survey.

See: O. Reg. 309/04, ss. 7 (2), 12.

15. (1) Any airborne geophysical survey report submitted for assessment work credit must, in addition to complying with the requirements of subsection 11 (2),

(a) identify the manufacturer, type and model of all instruments used in the performance of the survey specifying the scale constant or sensitivity and the accuracy of the survey;

(b) specify the method of ground control related to flight path recovery, ground speed and the terrain clearance of the aircraft used in the performance of the survey; and

(c) specify the flight-line spacing, the total distance flown over the entire survey and the distance flown over the mining land in respect of which the assessment work is to be credited. O. Reg. 6/96, s. 15 (1).

(2) Any geophysical map or plan submitted in connection with an airborne geophysical survey report must, in addition to complying with the requirements of subsection 11 (3),

(a) contain a base map or photo mosaic showing all lakes, streams and other notable topographic features, and all railways, roads, trails, power lines, pipe lines and buildings; and

(b) show, as appropriate, profiles or contours representing electromagnetic and magnetic responses determined from the readings obtained by the survey, stating the units measured with values indicated at convenient regular intervals along the flight lines. O. Reg. 6/96, s. 15 (2).

16. (1) Exploratory drilling by core or non-core method, including diamond or core drilling, and other drilling such as percussion, reverse circulation and auger drilling, is eligible for assessment work credit if the holder of the mining land submits legible drill hole logs, suitable for photographic reproduction, in duplicate, a drilling plan and a drill hole section. O. Reg. 6/96, s. 16 (1).

Note: On December 3, 2004, subsection (1) is revoked and the following substituted:

(1) Exploratory drilling by core or non-core method, including diamond or core drilling, and other drilling such as percussion, reverse circulation and auger drilling, are eligible for assessment work credit if the holder of the mining land submits a typewritten report on the drilling, the drill hole logs, the drilling plan and a drill hole section. O. Reg. 309/04, s. 8 (1).

See: O. Reg. 309/04, ss. 8 (1), 12.

(2) The drill hole logs must,

(a) identify the hole by number;

(b) give the mining claim numbers or mining land numbers on which the hole is drilled;

(c) indicate the location of the drill hole collar in relation to the grid line coordinates, claim posts and identifiable geographic reference points;

(d) indicate the angle and azimuth of the hole;

(e) indicate the size of the core, or the diameter of the drill hole if bored other than by core drilling;

(f) state the starting and completion dates of the drilling;

(g) state the name of the drill contractor;

(h) state the storage location of the core or drill sample material;

(i) indicate the thickness of overburden in the core drilling holes;

(j) adequately describe all geological units encountered in terms of their thickness, composition, colour, textures, structure, grain size, degree of sorting, mineralization and alteration, as appropriate;

(k) indicate the total depth of penetration of the drill hole in bedrock and unconsolidated material;

(l) indicate the location and type of all samples taken for assay or physical tests;

(m) state the date of completion of the log;

(n) contain the printed name of the author of the logs;

(o) provide a legend of all symbols or abbreviations used in the logs;

(p) include assay values for sections assayed; and

(q) be signed by the author of the logs. O. Reg. 6/96, s. 16 (2).

Note: On December 3, 2004, subsection (2) is revoked and the following substituted:

(2) The report must be suitable for photographic reproduction, and,

(a) indicate the number of holes drilled and the total length of drilling;

(b) identify the mining land on which the work was performed, its location and the means of access to it;

(c) contain a key map showing the land worked in relation to identifiable topographic features and township boundaries or established survey lines, stations or markers;

(d) give the name of the author of the report and the names and addresses of the persons who supervised the work;

(e) give a summary of the exploration and development work performed on the land;

(f) give the date of completion of the report; and

(g) contain a list of references or a bibliography. O. Reg. 309/04, s. 8 (1).

See: O. Reg. 309/04, ss. 8 (1), 12.

(3) The drilling plan map must be on durable paper, suitable for photographic reproduction, and,

(a) be at a scale between 1:5,000 and 1:10;

(b) contain a graphic or bar scale and show the magnetic north and the declination;

(c) show all lakes, streams and other notable topographic features, and all relative cultural features such as railways and power lines;

(d) accurately show all mining land boundaries, claim posts, township boundary lines, roads, lot and concession lines, base lines, picket lines and survey boundaries and stations, where identifiable, in relation to topographic features;

(e) show the location of drill hole collars and the numbers, angles and depths of all drill holes in relation to clauses (2) (c), (d) and (e) in such a manner that relocation of the hole is simplified; and

(f) include, where available, assayed intervals and assay averages. O. Reg. 6/96, s. 16 (3).

Note: On December 3, 2004, subsection (3) is revoked and the following substituted:

(3) The drill hole logs must be on durable paper suitable for photographic reproduction, and,

(a) identify the hole by number;

(b) give the mining claim numbers or mining land numbers on which the hole is drilled;

(c) indicate the location of the drill hole collar in relation to the grid line coordinates, claim posts and identifiable geographic reference points;

(d) indicate the angle and azimuth of the hole;

(e) indicate the size of the core, or the diameter of the drill hole if bored other than by core drilling;

(f) state the start and completion dates of the drilling;

(g) state the name of the drill contractor;

(h) state the storage location of the core or drill sample material;

(i) indicate the thickness of overburden in the core drilling holes;

(j) adequately describe all geological units encountered in terms of their thickness, composition, colour, textures, structure, grain size, degree of sorting, mineralization and alteration, as appropriate;

(k) indicate the total depth of penetration of the drill hole in bedrock and unconsolidated material;

(l) indicate the location and type of all samples taken for assay or physical tests;

(m) state the date of completion of the log;

(n) contain the printed name of the author of the log;

(o) provide a legend of all symbols or abbreviations used in the logs;

(p) include assay values for sections assayed with appropriate certificates;

(q) be signed by the author of the report or core logger; and

(r) for overburden drilling designated specifically to sample unconsolidated materials, describe the stratigraphy of the materials encountered as to type of material, thickness, colour, textures, structure, grain size, degree of sorting and mineralization, and describe the type of bedrock penetrated, if reached. O. Reg. 309/04, s. 8 (1).

(3.1) The drilling plan must be on durable paper suitable for photographic reproduction, and,

(a) be at a scale between 1:10 and 1:5,000;

(b) contain a graphic or bar scale and show the magnetic north and the declination;

(c) show all lakes, streams and other notable topographic features, and all relevant cultural features such as railways and power lines;

(d) accurately show all mining land boundaries, claim posts, claim numbers, township boundary lines, roads, lot and concession lines, base lines, picket lines and survey boundaries and stations, where identifiable, in relation to topographic features;

(e) show the location of drill hole collars and the numbers, angles and depths of all drill holes in relation to clauses (3) (c), (d) and (e) in such a manner that relocation of the hole is simplified; and

(f) include, where available, assayed intervals and assay averages. O. Reg. 309/04, s. 8 (1).

See: O. Reg. 309/04, ss. 8 (1), 12.

(4) The drill hole section must be on durable paper, suitable for photographic reproduction, and,

Note: On December 3, 2004, subsection (4) is amended by striking out the portion before clause (a) and substituting the following:

(4) The drill hole section must be on durable paper suitable for photographic reproduction, and,

See: O. Reg. 309/04, ss. 8 (2), 12.

(a) indicate the rock types or type of material intersected;

Note: On December 3, 2004, clause (a) is revoked and the following substituted:

(a) indicate the overburden, rock types or type of material intersected;

See: O. Reg. 309/04, ss. 8 (3), 12.

(b) be at a scale between 1:5,000 and 1:10;

Note: On December 3, 2004, clause (b) is amended by striking out “1:5,000 and 1:10” and substituting “1:10 and 1:5,000”. See: O. Reg. 309/04, ss. 8 (4), 12.

(c) contain a graphic or bar scale;

(d) give the astronomic azimuth of the hole;

(e) show coordinate lines corresponding with those shown on the drilling map;

(f) indicate the total length of the hole;

(g) contain a legend for codes or symbols corresponding to unconsolidated materials, mineralization and structure;

(h) show the location of the unconsolidated materials and mineralization designated by code or symbol corresponding to those mentioned in clause (g);

(i) show the number of the mining claim or mining land on which the hole is drilled;

(j) show the number and angle of the drill hole; and

(k) include, where available, assayed intervals and assay averages. O. Reg. 6/96, s. 16 (4).

(5) Overburden drilling designed specifically to sample unconsolidated materials is eligible for assessment work credit if the holder of the land submits legible drill hole descriptive logs, a drilling plan map and a drill hole graphic section. O. Reg. 6/96, s. 16 (5).

Note: On December 3, 2004, subsection (5) is revoked. See: O. Reg. 309/04, ss. 8 (5), 12.

(6) The drill hole descriptive logs must be suitable for photographic reproduction, in duplicate, and,

(a) describe the stratigraphy of the materials encountered as to type of material, thickness, colour, textures, structure, grain size, degree of sorting and mineralization; and

(b) describe the type of bedrock penetrated, if reached. O. Reg. 6/96, s. 16 (6).

Note: On December 3, 2004, subsection (6) is revoked. See: O. Reg. 309/04, ss. 8 (5), 12.

(7) The drilling plan map must be on durable paper, suitable for photographic reproduction, and,

(a) be at a scale between 1:5,000 and 1:10;

(b) contain a graphic or bar scale and show the north direction indicating whether astronomic or magnetic;

(c) show all lakes, streams and other notable topographic features, and all railways, roads, trails, power lines, pipelines and buildings;

(d) accurately show all claim boundary lines, lot and concession lines, base lines, picket lines and survey boundaries and stations in relation to topographic features;

(e) show the coordinate lines established for reference purposes;

(f) show the location of drill hole collars, the numbers and angles of all drill holes in relation to topographic features and survey, grid and coordinate lines; and

(g) show survey stations and markers in such a manner that they can be located on the ground by persons unfamiliar with the area. O. Reg. 6/96, s. 16 (7).

Note: On December 3, 2004, subsection (7) is revoked. See: O. Reg. 309/04, ss. 8 (5), 12.

(8) The drill hole graphic section must be on durable paper, suitable for photographic reproduction, and,

(a) illustrate the overburden, the rock types and mineralization intersected;

(b) contain a graphic or bar scale;

(c) give the azimuth direction of the hole indicating whether astronomic or magnetic;

(d) show coordinate lines corresponding with those shown on the drilling plan map and UTM coordinates if possible;

(e) indicate the total length of the hole;

(f) contain a legend indicating by letters, numbers or symbols the unconsolidated materials and mineralization intersected in the hole;

(g) show the location of the unconsolidated materials and mineralization designated by letters, numbers or symbols corresponding with those in the legend mentioned in clause (f);

(h) show the number of the mining claim or mining land on which the hole is drilled; and

(i) show the number of the drill hole. O. Reg. 6/96, s. 16 (8).

Note: On December 3, 2004, subsection (8) is revoked. See: O. Reg. 309/04, ss. 8 (5), 12.

(9) A holder of mining land who performs a program of diamond drilling or overburden drilling on it is eligible for an assessment work credit, in addition to that otherwise permitted under this section, for all expenses and labour costs associated with the drill core submission for assessment work credit, if,

(a) the appropriate resident geologist receives at least two weeks notice of the drill core or drill sample submission together with all relevant drill logs; and

(b) the holder of mining land delivers all or requested portions of the drill core or drill samples to the appropriate drill core storage facility in accordance with the instructions of the resident geologist. O. Reg. 6/96, s. 16 (9).

(10) For the purpose of clause (9) (b), delivery includes the following:

1. Each drill log, containing all relevant information as required in section 16 associated with the drill core submission, must be forwarded to the resident geologist at least two weeks before the drill core is delivered.

2. All drill core submissions must be made within a minimum of 30 days before the anniversary date of the mining land in question.

3. All drill core submissions must be properly palletised, labelled, strapped, covered and placed, as necessary, within the drill core storage facilities according to Ministry of Northern Development and Mines specifications and in accordance with the instructions of the resident geologist.

4. Sorting forms that identify the assigned Ministry of Northern Development and Mines drill hole number, footage contained within each drill core box, pallets on which the core boxes are stored, and pallets location within the drill core storage compound must be properly completed.

5. All drill core submissions must be delivered on either wooden or steel pallets that meet the specifications of the Ministry of Northern Development and Mines.

6. The number of core boxes on each pallet must not exceed 45.

7. The holder of mining land is responsible for transportation and other costs associated with the rental or use of fork lifts or similar equipment required to unload and place pallets of drill core and the costs associated with snow removal at the drill core storage facilities to enable winter drill core submissions.

8. A Declaration of Assessment Work form with a Statement of Cost for Assessment Work Credit for all costs for materials and rental services associated with drill core submissions and labour costs, including costs of labelling, palletising, strapping, covering and placing the palletised drill core as required, must be submitted to the mining recorder for verification after the drill core has been delivered. Receipts may be required on demand to verify expenditures.

9. The holder of mining land must comply with all operational and safety procedures in accordance with the instructions of the Ministry of Northern Development and Mines, the resident geologist or the geologist’s agent, when delivering drill core and performing the required activities. O. Reg. 6/96, s. 16 (10).

(11) No person shall destroy the value of drill core except that the holder of the mining land may do so in the normal course of exploration or mining. O. Reg. 6/96, s. 16 (11).

(12) A holder of mining land shall not abandon a drill core without notifying the resident geologist of its storage location. O. Reg. 6/96, s. 16 (12).

(13) Drill core must be cross-piled in an orderly manner to a height not exceeding 1.5 metres at a distance of not closer than 61.5 metres to any permanent water bodies or waterways before it is abandoned. O. Reg. 6/96, s. 16 (13).

(14) Samples shall not be stored or abandoned closer than 61.5 metres to any permanent water bodies or waterways. O. Reg. 6/96, s. 16 (14).

17. The results of beneficiation, geochemical testing or other special studies of assaying and analyses are eligible for assessment work credit if the results,

(a) include a summary listing of all types of work performed, the cost of the work and the mining claim, lease, patent or parcel numbers of the land on which the work was carried out;

(b) where assays or analyses are reported, include the assay certificates and a plan at a scale of between 1:5,000 and 1:10 clearly identifying the location of each sample by number, letter or grid coordinate designation and showing the assay results; and

(c) where assays or analyses are reported for core or non core drilling, indicate the intervals, in metres, at which the samples were taken. O. Reg. 6/96, s. 17.

18. The following are eligible for assessment work credit if accompanied by a report substantially in the form outlined in section 11 and by adequate technical support data:

1. Airphoto and remote imagery interpretations.

2. Downhole geophysics.

Note: On December 3, 2004, paragraph 2 is revoked. See: O. Reg. 309/04, ss. 9 (1), 12.

3. Metallurgical testing and bulk sampling.

4. Industrial mineral testing and marketing.

5. Underwater geophysics.

Note: On December 3, 2004, paragraph 5 is revoked. See: O. Reg. 309/04, ss. 9 (1), 12.

6. Microscopic studies.

7. Environmental studies.

8. Digitized base maps prepared to Ontario Basic Mapping Standards.

9. Applications of new methodology or presentation of previously submitted field data which contribute new information to the geotechnical data base. O. Reg. 6/96, s. 18.

Note: On December 3, 2004, section 18 is amended by adding the following subsections:

(2) Information to be provided under paragraph 1 of subsection (1) must,

(a) describe the regional and property geology;

(b) identify sources of geological data contained in the report if obtained from sources other than the survey being reported;

(c) provide an interpretation and summary of the results;

(d) include identification numbers for airphotos used in the submission;

(e) include the airphoto mosaic required for a base map; and

(f) include the satellite images interpreted. O. Reg. 309/04, s. 9 (2).

(3) Information to be provided under paragraph 2 of subsection (1) must,

(a) include the size of the sample and a plan showing the exact location; and

(b) describe the specific test performed and provide the results. O. Reg. 309/04, s. 9 (2).

(4) Information to be provided under paragraph 4 of subsection (1) must,

(a) provide both hand sample and microscopic descriptions;

(b) include sample preparation procedures;

(c) indicate the reasons for the study;

(d) provide a summary and conclusions; and

(e) contain a sample location map. O. Reg. 309/04, s. 9 (2).

(5) Information to be provided under paragraph 7 of subsection (1) must,

(a) indicate the source and method of collection of the previously submitted data; and

(b) describe the new information or interpretation and compare them with the previous interpretation. O. Reg. 309/04, s. 9 (2).

See: O. Reg. 309/04, ss. 9 (2), 12.

Note: On December 3, 2004, the Regulation is amended by adding the following section:

18.1 (1) Any industrial mineral report submitted for assessment work credit must, in addition to the requirements set out in subsection 11 (2),

(a) summarize the type of work being done;

(b) indicate the type of equipment used, the dates and hours of use of the equipment, the dates and hours worked by the equipment operator and the hourly rates for equipment use and for the operator;

(c) describe the regional and property geology;

(d) describe the rock types being tested;

(e) describe the sampling procedure, method of extraction and size of the sample;

(f) describe the method used to process the samples and the results and provide the appropriate certificates; and

(g) provide a discussion of the results of the analysis or testing and the possible markets or uses for the material tested, together with recommendations for future exploration. O. Reg. 309/04, s. 10.

(2) A map or plan submitted in connection with an industrial mineral report must, in addition to complying with the requirements of subsection 11 (3),

(a) contain a table of rock types, lithologies and formations;

(b) show outcrops designated by a letter or number corresponding to the rock type, lithologies and formations;

(c) show the character of the overburden, including boulder, clay, gravel or sand;

(d) show the distribution of swamp, muskeg and forest cover areas; and

(e) show the location and dimensions of the workings. O. Reg. 309/04, s. 10.

See: O. Reg. 309/04, ss. 10, 12.

19. (1) No assessment work credit shall be given for rehabilitation work for advanced exploration and mine sites until the Director of Mine Rehabilitation has approved the rehabilitation work. O. Reg. 6/96, s. 19 (1).

(2) If the rehabilitation work submitted for assessment work credit is found to be absent, fraudulent or incomplete, the Director of Mine Rehabilitation shall notify the recorder and the Minister shall reduce the assessment work credit accordingly. O. Reg. 6/96, s. 19 (2).

20. If subsection 81 (16) or 95 (5) of the Act applies, an additional $4,400 per 16 hectare unit of assessment work or $4,400 per 16 hectare unit cash in lieu of work is required for the excess area. O. Reg. 6/96, s. 20.

Note: On December 3, 2004, section 20 is revoked and the following substituted:

20. (1) For the purposes of subsection 81 (16) of the Act, the amount of money to be paid, in lieu of additional assessment work, for the excess area is $44 for every 1 per cent or part of 1 per cent by which the area exceeds the prescribed size. O. Reg. 309/04, s. 11.

(2) For the purposes of subsection 95 (5) of the Act, the amount of money to be paid, in lieu of additional assessment work, for the excess area is $44 for every 1 per cent or part of 1 per cent by which the area exceeds the prescribed size. O. Reg. 309/04, s. 11.

See: O. Reg. 309/04, ss. 11, 12.

21. Omitted (revokes other Regulations). O. Reg. 6/96, s. 21.

22. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 6/96, s. 22.

Note: Despite the revocation of Ontario Regulation 116/91, subsections 7 (3) and (4) of Ontario Regulation 116/91 continue to apply for a period of one year from March 1, 1996 to mining claims recorded before March 1, 1996 and on which assessment work was either on record before that day or was filed within one year from that day. See O. Reg. 6/96, s. 21.