O. Reg. 35/20: MINING CLAIMS

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ontario regulation 35/20

made under the

Mining Act

Made: November 28, 2019
Filed: March 9, 2020
Published on e-Laws: March 10, 2020
Printed in The Ontario Gazette: March 28, 2020

Amending O. Reg. 66/18

(MINING CLAIMS)

1. Clause 3 (4) (d) of Ontario Regulation 66/18 is revoked.

2. Clause 4 (4) (f) of the Regulation is revoked.

3. The Regulation is amended by adding the following section:

Dispute of registered claim

6.1 (1) For the purposes of subsection 48 (1) of the Act, a person who wishes to file a dispute with a recorder shall do so by completing the dispute form approved by the Minister and delivering it to the Provincial Recording Office by email, fax or regular mail.

(2) Upon receipt of a completed dispute form and payment of any fee required by the Minister in respect of the filing of a dispute, a recorder shall review the form for the purpose of determining whether to file the dispute.

(3) In addition to refusing to file a dispute due to events described in subsection 48 (3) of the Act, a recorder shall not file a dispute nor enter a note of the dispute on an applicable abstract if either of the following circumstances applies:

1. The dispute form is incomplete.

2. The recorder is of the opinion that the dispute is frivolous or vexatious.

(4) If a recorder decides not to file a dispute under subsection (3) or under subsection 48 (3) of the Act, the recorder shall give notice of the decision, together with a brief statement of the reasons for the decision, to the person who submitted the dispute form.

(5) If the recorder decides to file the dispute and enter a note of the dispute on the abstract of each disputed mining claim, the recorder shall,

(a) give notice of the decision to the person who filed the dispute with the recorder; and

(b) give notice of the decision, along with a copy of the completed dispute form, to every claim holder of each disputed mining claim and to every person having an interest in each disputed mining claim, as shown on the abstract for each mining claim.

4. The Regulation is amended by adding the following section:

Time expiring when system down

8.1 (1) For the purposes of subsection 138 (2) of the Act, a recorder shall not order an extension of time if the time limited for doing anything that requires accessing the Ministry’s mining lands administration system falls on a day on which that system is not available for a period of time and all of the following circumstances apply:

1. The Ministry has given notice, no later than 24 hours before the period begins, that the system will be unavailable during the period and has specified the duration of the period.

2. The notice has been given in accordance with paragraph 1 of subsection 13.2 (1) of Ontario Regulation 45/11 (General) made under the Act.

(2) A recorder may order an extension of time if the Ministry’s mining lands administration system continues to be unavailable after the end of the period in respect of which the notice was given under subsection (1) and the time limited for doing anything that requires accessing the Ministry’s mining lands administration system falls during that continuing period.

(3) Subsection (2) does not apply if the circumstances set out in paragraphs 1 and 2 of subsection (1) apply in respect of the continuing period.

Commencement

5. This Regulation comes into force on the day it is filed.

 

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