Overview

The following step by step process describes how you, an early exploration proponent (the person, or a permitted agent for the person or the company), can submit an exploration plan or apply for an exploration permit on unpatented mining claims, mining leases or licences of occupation in the Mining Lands Administrative System (MLAS).

Your submission or application will be handled by a mineral exploration and development consultant (MEDC). They will work with you throughout the process.

A valid exploration plan or exploration permit does not exempt you from complying with other existing laws and regulatory requirements.

Examples of approvals which may be needed in addition to plans or permits:

For a more comprehensive but not complete list see Appendix 4.

If any other approvals require a change in activities or project, you should contact a MEDC at your local Mineral Exploration and Development section office for advice on the implications to their exploration plan or permit.

Forms related to the permit application process are available from the Central Forms Repository, including the activity details report form.

Consultation with Aboriginal communities

Ontario’s Mining Act and associated regulations provide a framework for authorizing mineral exploration and development activities.

Our Consultation framework:

  • outlines the steps you can take to meaningfully consult with Aboriginal communities whose Aboriginal or treaty rights may be adversely affected by proposed mineral exploration activities
  • provides you and communities with further information and direction about how we will implement the consultation framework set out in the Mining Act and regulations

Step 1: pre-submission requirements

If you want to submit an exploration plan or apply for an exploration permit, you must be enrolled in MLAS.

Visit the MLAS webpage for information on how to:

Qualified supervisors

Ensure that the person designated as the qualified supervisor (person who provides advice to the early exploration proponent regarding any proposed early exploration activity) for the project has completed the required Mining Act Awareness Program (MAAP) not more than 5 years before the proposed start of the early exploration activities. If the Mining Act Awareness Program is not complete, MLAS will not allow the submission of the plan or the application for the permit.

Surface rights owners

If surface rights owners (SROs) exist for the project, you must fill out the Notice of Intent to submit an Exploration Plan or the Notice of Intent to apply for an Exploration Permit and send a copy of the draft plan submission or draft exploration permit application to SRO(s).

This also applies for the renewal of an exploration permit (refer to permit renewals in Step 2). You can identify SROs by performing a title search at the land registry office closest to the project area.

You should keep a record of SRO(s) contacted, including information supplied, when it was supplied, how it was supplied and check off the appropriate box in the plan submission or permit application form. You should be prepared to provide this information to the MEDC upon request.

Designating an agent

The person submitting an exploration plan or applying for a permit must be designated as an agent for the claim holder or corporation if:

  • the submission was done by someone other than the claim holder
  • the claim holder is a corporation

You can manage agents through the MLAS profile under the client management’s subsection.

Step 2: submitting in MLAS

To ensure your work schedules can be met, we recommend you submit or apply for plans or permits well in advance of any proposed start dates for any early exploration programs.

Complete the activity details report (ADR) and required maps before starting the MLAS submission process.

Create submission

Register and create a profile

Proponents must create a PublicSecure / My Ontario Account, and follow the direction to create a new account. Once the account is activated, you will be prompted to input details to create your MLAS client profile. Once confirmed, an MLAS client ID will be issued and a confirmation email will be sent to your email address. You will then be able to use MLAS.

Create draft submission

Once you are logged into in MLAS, select “Early Exploration Activities” from the left menu and click on “Submit Plan/Permit for Early Exploration Activities”.

You must:

  • include your client number for the claim holder or company
  • read and acknowledge the disclaimer

Once you create a draft submission it will be saved for 180 days. You can save a submission any time at the bottom of the screen with the save button. Any information entered in a submission will be kept at the time it is saved.

Select tenure

You must list the tenure numbers associated with the cell or boundary claims, leases or licences of occupation that will be covered by the permit application. Tenure can be selected in 3 ways:

  • spatially using the map viewer tool
  • comma delimited list
  • selection from a list

The map viewer tool will only allow you to pick cell or boundary claims.

Amendments to the tenure list cannot be made past this step.

Tenure must be contiguous to be valid for a plan submission or a permit application.

Enter project activities

Select the activities from the list of plan-level, permit-level or non-prescribed activities.

Plan level activities can be included in permit applications. An application with a combination of plan and permit activities will follow the permit application process.

Enter project information

You must input:

  • the project name
  • estimated start date
  • the client ID number of the qualified supervisor

Please note, given the time we need to process your submission:

  • the estimated start date for a plan should be more than 35 days from the date of submission
  • the estimated start date for a permit should be more than 55 days from the date of application

Certification and supporting documents

Check off any relevant information and attach the required supporting documents, including:

  • project-scale and regional-scale maps
  • activity details report
  • any other forms, including any Aboriginal Consultation Reports or notices to surface right owners

You must prepare maps showing activities in detail before you fill out the plan submission or the permit application. All attachments must be submitted as PDFs.

The MEDC will review all submissions or applications. They will work with you on any changes that are required to the maps or other documents before the submission is validated in MLAS.

You can find more information and map guidelines in Appendix 2.

Summary

Review the information in the submission to confirm that all information is correct, and attachments are included.

Click confirm to submit.

Plan or permit updates

Before your application is processed, you can use the “Amend Early Exploration Activities Submission” from the left menu in MLAS to update the following for your plan or permit:

  • start and end dates
  • adding or removing activities
  • adding or removing tenure
  • project information
  • adding or correcting an attachment

You cannot make these updates once the submission has been validated by a MEDC in MLAS.

Permit renewal

You can renew a permit through MLAS under “Early Exploration Activities” listed in the menu on the left of the page.

A permit renewal for an existing permit cannot have any additions or changes to tenure or activities.

You must submit a permit renewal at least 60 calendar days before your exploration permit expires to allow for processing and consultation.

Should the renewal process, including consultation, take longer than the expiration date you will be required to submit a new permit application.

Once a permit has expired it cannot be renewed. You must apply for a new permit application.

Step 3: submission validation

The exploration plan submission or permit application requires detailed information so we can determine:

  • what activity is proposed
  • where the activity is proposed to take place
  • when the activity will be started

If a submission is not valid

If a plan submission or permit application does not include all the required attachments:

  • it will not be considered valid
  • it cannot be processed

If necessary, we will request all required attachments be updated and uploaded in MLAS before we validate your submission.

Common issues with submissions

Common issues with submissions and applications include:

  • missing maps or activity details report
  • project-scale maps not having sufficient detailed information such as:
    • activities locations with 200 metres accuracy
    • labels on features
    • scale bars or north arrows (refer to Appendix 2 map for requirements)
  • regional scale maps not clearly identifying regional location
  • difference between claims listed in the exploration permit application and claims shown on the project map

Make sure your accompanying maps contain enough detail to:

  • ensure ministry staff and Aboriginal communities can locate the area
  • determine where the activities could occur to ensure appropriate consultation

Appendix 2 outlines map requirements and provides examples of maps.

Step 4: processing a submission or application

We will review the plan submission or permit application for completeness.

If it is complete, it will be deemed valid.

Once validated, the processing will begin.

We will circulate the plan submission or permit application to potentially affected Aboriginal communities and consult with them according to the consultation framework.

Permits

Applications for new permits and permit amendments will be posted on the Environmental Registry of Ontario (ERO) for a period of 30 days.

We will consider comments received through the ERO process, and any comments received from surface rights owners. Where appropriate we may ask you to consider the comments.

The time to process an application for an early exploration permit is expected to take between 31 and 50 days from the circulation date. The process can be placed on a temporary hold if additional time is needed to:

  • adequately consider concerns raised by an Aboriginal community
  • align with other ministry processes such as obtaining a bulk sample permission

You may also request that a temporary hold be put on the process.

Plans

An exploration plan becomes effective 30 days after the circulation date.

You may withdraw or adjust a submitted exploration plan at any time within 30 days after the circulation date in response to comments received from:

  • an Aboriginal community
  • surface rights owners

In certain circumstances an exploration plan may be required to undergo the exploration permit application process, in which case we will contact you.

Exploration permit and plan activities may be subject to other applicable legislation (refer to Appendix 4 for examples).

Step 5: decision — permits only

Within 50 days of the circulation date, the Director of exploration determines whether to issue the permit. If a permit is issued, they will also set any site-specific terms and conditions, such as timing restrictions to accommodate seasonal hunting or other traditional uses of the land.

Before deciding on a permit application, the Director of exploration will consider:

  • if they are satisfied that appropriate Aboriginal consultation has been carried out
  • all comments received, including any arrangements that may have been made with SROs or Aboriginal communities
  • comments received through the ERO

The proponent, their agent, and Aboriginal communities will be advised in writing of the Director’s decision on an exploration permit application. The decision will also be posted on the ERO.

Step 6: Commencing activities and monitoring

Exploration permits

You can proceed with the exploration permit activities once you have received the approved exploration permit.

We will email the permit to you, your agent, and the Aboriginal communities that the application was circulated to.

Exploration plans

You can proceed with the exploration plan activities included in the submission 30 days after the circulation date of the plan, unless the claim holder has been notified that the exploration permit application process must be followed.

An exploration plan will be effective for a period of 2 years.

Conditions and requirements

You must undertake the activities adhering with the requirements set out in:

An exploration permit is also subject to standard conditions stated on the issued permit. This includes the requirement for the person in charge of the operation conducted under the permit to produce and show the permit or the true copy kept on the exploration permit area to any inspector whenever requested by an officer. This means the exploration permit and supporting documentation (application with maps) should be available on site at all times during the course of the project.

Ministry inspectors may inspect the site associated with the exploration activities before commencement, during or following completion of the activities. This is to ensure compliance with the exploration permit, terms and conditions, the Mining Act and regulations.

Carrying out prescribed exploration plan or permit activities without the required exploration permit or contravening the terms and conditions of an issued permit are offences under the Mining Act. Upon conviction, this may result in a stop work order, fines or imprisonment.

Where to find circulated, active and expired exploration plans and permits

All active exploration plans and permits are posted online in an Excel table: Exploration plans and permits (XLSX).

Circulated, active and expired exploration plans and permits are also displayed on the MLAS Map Viewer.

Appendix 1 — map of mineral exploration and development office regions

Map showing North-West, North-East and South regions.

Appendix 2 — map submission requirements for permit applications

Map submission requirements for plan and permit applications

Map scale, size and format requirements

  • The regional map must be between 1:50,000 and 1:250,000 scale. More than one map may be required depending on the location of the project with relation to landmarks.
  • The project-scale map must be at a scale where all proposed activities can be seen, generally between 1:5,000 and 1:50,000. Multiple project-scale maps may be necessary to clearly show locations of all proposed activities, and where multiple maps are to be used, an index map showing the boundaries of the various project scale maps will be required.
  • The combined size of the application and all attachments including maps must not exceed 10 MB.
  • Map submissions must be in pdf format, as only pdfs are accepted in MLAS. Shape files may be requested by Aboriginal communities for their use to overlay on maps. Proponents are encouraged to provide these upon request to facilitate the consultation efforts. We cannot create shape files on behalf of early exploration proponents.

Minimum information requirements for maps

  • The regional map(s) should clearly depict where in the province the project is located and include locally identifiable features such as towns, cities, and Aboriginal community locations, including any additional reserve lands. The map should also include and label major highways, roads, provincial parks, and bodies of water.
  • The location of the proposed early exploration activities must be defined on the project-scale map(s). Proponents have 2 alternatives in depicting locations:
    • they can be identified as points on the project-scale map, with a 200 metres radius buffer clearly identified
    • polygons can be provided, with activities to occur within those areas. If this alternative is chosen, the activities must occur within the area of the polygon on the map — no buffers are permitted. Where the proposed activity is drilling, proponents are limited to one drill pad per polygon
  • Cells on which no prescribed activities will occur are not to be included in the application.
  • Additional information that is available, such as existing roads or trails.
  • Proposed activities indicated on the map must correspond with the activities, in number and size (area), indicated on the application and the ADR. Regional scale map(s), project-scale map(s) and the ADR will be included with the permit, if issued.
  • Please see below for an example of an acceptable project-scale map.
  • Maps must also include:
    • First Nation reserve lands, if any
    • a clear legend
    • a graphic or bar scale
    • a north arrow
    • labels for:
      • lakes
      • rivers
      • other notable topographic features
      • railways
      • roads (including named logging roads)
      • trails
      • power lines
      • pipelines
      • buildings
    • boundaries for:
      • townships (where applicable)
      • mining claims, leases, mining licence of occupation or patent (all mineral tenure must be labelled)
      • Surface Rights Owners
      • alienations
      • withdrawals
    • grid coordinates established for reference purposes in latitude - longitude, preferably using deg/min/sec.
    • a legend must be used to depict the use of all symbols and/or polygons on the map
    • proper and thorough labelling of the maps, including proponent name, project name and a date

Tips

  • Be as specific and detailed with the information provided in the maps to clearly identify the locations where the activities will be undertaken, and the scale of work proposed, as this will allow us, Aboriginal communities, Surface Rights Owners and the public to best understand the locations and activities proposed. Sufficient detail is required to enable the determination of potential impacts. An application that does not provide sufficient detail may be returned for revision.
  • The MLAS Map Viewer and the associated grid contained within can now be used to produce project and regional-scale maps. This application enables a proponent to add polylines, polygons, and point symbols to maps which can be used to represent proposed prescribed activities and other important details such as proposed roads, trails and exploration camps. The application will also identify any alienations or withdrawals in the area of the proposed project. Users are directed to the MLAS Help Page which has info on drafting maps.
  • Geographic coordinates can be obtained from the online MLAS map viewer by clicking on the XY icon at the bottom left of the map screen. This will allow the user to change between coordinate systems (for example, UTM to latitude - longitude).
  • Ensure that the ADR matches the project-scale maps. For example, if the ADR indicates 5 separate areas where stripping will occur, and a project-scale map shows fewer than 5, or more than 5, then the application will be returned to the applicant for revision.
  • Note, as well, that if the trace of the drill hole is expected to cross over into (under) another cell, that cell must be included in the permit application.
  • If a point is used to identify the location of an activity, without showing the buffer, the activity is restricted to that location.
  • Note that MLAS does not currently allow for permits to be amended once issued. A proponent will instead need to submit a new application for the Director to consider an amendment or renewal if additional activities are contemplated. If the amendment is administrative in nature, please contact the Mineral Exploration and Development Consultant named in the letter accompanying the issued permit.
  • We recommend that proponents submit their exploration permit application, together with all supporting materials including maps that comply with these standards, well ahead of the proposed start date for the project. These materials will aid us in meeting its duty to consult with Aboriginal communities, where it arises, and in complying with its requirements under the Environmental Bill of Rights.
  • The application should be restricted to only those claims on which work is proposed including consideration of the allowable flexibilities in activity locations, and contiguity, for assessment purposes.
  • No work is permitted outside of what is described in the ADR and shown on the maps. The maps and ADR will be included with a permit, should it be issued.
  • Where possible, showing proposed exploration trails on the maps is encouraged as this information aids us in our consultations with potentially affected communities.
  • If a camp is mentioned in the ADR, its location must be identified on the project-scale maps.

Example of a regional map

Example A

Regional map example A showing the location of a project.

Enlarge map

Example B

Regional map example B showing the location of a project.

Enlarge map

Example of a project scale map

Example A

An example of a project scale map displaying the location of the proposed exploration activities.

Enlarge map

Appendix 3 — definitions

Section numbers for Ontario Regulation 308/12 unless otherwise indicated.

“circulation date” means:

  1. (a) the date on which a Director sends, by whatever means, an exploration plan or an application for an exploration permit to an Aboriginal community that the Director has identified for the purposes of section 7 or 14, or
  2. (b) if the Director has not identified any Aboriginal communities for the purposes of section 7 or 14, the date on which the Director sends, by whatever means, a notice to the early exploration proponent that the exploration plan or exploration permit application has been received and meets the requirements of this Regulation;

“Director” means a Director of Exploration appointed under section 78 of the Mining Act.

“early exploration” means prospecting and mineral exploration, including those activities that fall within section 1 of Schedule 2 and section 1 of Schedule 3 but not including the activities of advanced exploration or mine production as they are defined in Part VII of the Mining Act.

“early exploration proponent” means a person who is a holder of a mining claim, mining lease, licence of occupation, for mining purposes and is conducting or proposes to conduct early exploration activities and includes:

  • directors, officers, agents and employees of the early exploration proponent
  • partners, subsidiaries and affiliates of the early exploration proponent
  • contractors and subcontractors of the early exploration proponent
  • successors and assignees of the early exploration proponent

“Provincial Standards for Early Exploration” means the current version of the document entitled Provincial Standards for Early Exploration (PDF) published by the ministry.

“qualified supervisor” means an individual who has successfully completed the prescribed Prospector's Awareness program not more than 5 years before the proposed start of the early exploration activities and who provides advice to the early exploration proponent regarding any proposed early exploration activity.

These definitions are provided for convenience. You should refer to and rely upon the official definitions contained in Ontario Regulation 308/12 or the Mining Act, as applicable, which will govern if there are any differences in wording from the versions provided here.

Appendix 4 — other regulatory considerations

You should ensure all other legislation and considerations apart from our regulations are followed.