Overview

The consultation phase is divided into three areas:

  1. Aboriginal Communities - contact with Aboriginal (First Nation and Métis) communities should be made and maintained throughout the mining sequence, in order to ensure that Aboriginal rights and/or treaty rights are not adversely affected
  2. Public - contact with the public should be made and maintained throughout the mining sequence, as changes to the land may influence recreational activities, raise environmental concerns or cause health or safety issues
  3. Surface rights holder - contact with surface rights holders should be made and maintained throughout the mining sequence, as they have a legal right to the land

Public consultation

The public includes all Ontario citizens. Contact with the public should be made and maintained throughout the mining sequence, as changes to the land may influence recreational activities, raise environmental concerns or cause health or safety issues. In some cases, contacting the public is also a requirement under the Mining Act.

Contact requirements and suggestions

The public must often be contacted when seeking government approvals, during environmental assessment processes, before beginning advanced exploration and before the construction of a new mine. In addition to consultation specified by the Mines and Minerals Division, public consultation may also be necessary to receive approvals or complete assessments required by other government organizations such the Ministry of the Environment, Conservation and Parks.

Consultation requirements can range from a single notice on the environmental registry to notices in various media outlets or hosting multiple consultation sessions.

Resources

The Mines and Minerals Division employs a number of mineral exploration and development consultants who are available to provide guidance and oversight regarding public consultation. To get in touch with a consultant, contact the Mineral Exploration and Development Section or one of their local offices.

Surface rights holders

Mineral rights are the rights to the minerals located in, on or under a piece of land. A surface rights holder is an individual who owns rights to land which do not include the mineral rights. Contact with surface rights holders should be made and maintained throughout the mining sequence, as they have a legal right to the land. In some cases, contacting surface rights holders is also a requirement under the Mining Act.

Contact requirements and suggestions

Surface rights holders must be contacted before beginning assessment work. It is also highly recommended to contact surface rights holders before:

  • Entering their property to prospect
  • Entering their property to stake
  • Prior to the creation of a closure plan
  • Beginning new exploration activities
  • Making changes to existing exploration activities
  • Beginning construction of a mine
  • Beginning to extract minerals
  • Beginning rehabilitation work
  • Identifying Surface Rights Owners

The surface rights owner(s) of a piece of land can be identified by performing a title search at a Land Registry Office.

Resources

For more information on contacting surface rights holders, contact the Provincial Recording Office.