Transfers of 21 and 10 Year Mining Leases

(Including consent for mortgages, charges, debentures and subleases)

Many in the Ontario mining industry hold lands, in the form of Mining Leases. The Crown as landlord, charges an annual rent to the lessee and the Ministry of Northern Development and Mines is responsible for its collection.

The Crown controls who those lease holders are, and to a lesser extent who has a registered interest in the leases. For this reason, consent of the Minister of Northern Development and Mines (MNDM) is required under sections 81 and 82 of the Mining Act for the transfer, mortgage, charge, debenture or sublease of 21-year and 10-year Mining Leases. Without consent, the transaction is not considered valid.

In order to process a consent to transfer, the following is required to be submitted to the Ministry of Northern Development and Mines:

1. Electronic Registration: include the Direction and Acknowledgement as well as a copy of the draft electronic transfer.
   Paper Registration: include two Transfer/Deed of Land forms complete with transferor's original signature, date and a complete description of the lands. If transfer is from a company, indicate proof of signing authority.
   
   Please note that the completion of these transfer documents and electronic registration must follow the requirements of the Land Titles/Registry Act.
   
2. A fee of $65.00 + G.S.T. per lease (not per application) and any outstanding rents must be paid in full. Payment must be made payable to the Minister of Finance.
   
3. If the lease includes surface rights; proof that municipal or provincial land taxes are paid.

Note: If there is a discrepancy between the Transferor's name and our records, the client will be required to supply proof of ownership, amalgamation or name change.

The transfer process can take from two to six weeks depending on company searches, verification of potential hazards and/or closure plans, and whether or not all of the above criteria have been met. Upon granting the consent, MNDM records are updated to reflect the new lessee and/or interested party. If, for some reason, the transaction does not take place despite the Minister's consent, the Dispositions Office of the MNDM must be notified and the original consent forms must be returned so the transfer can be formally reversed.

For electronic submissions: Normally only one consent is prepared but the client may request more, if necessary. Consent is returned to the client or their solicitor and must be attached to the transfer as a scanned image.

For paper submissions: Consents are prepared for both original documents and are then returned to the client or their solicitor for registration at the appropriate Land Registry Office. Generally, one will remain on file in the Land Registry Office, while the client will retain the other registered copy.

For more information, please contact the Mining Lands Administrator.