Transfer of Mining Licence of Occupation

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

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

The Crown controls who those licence holders are, and to a lesser extent who has a registered interest in them. For this reason, consent of the Minister of Northern Development and Mines (MNDM) is required under section 41 of the Mining Act for the transfer, mortgage, charge, debenture or sublease of any Mining Licences of Occupation. Without consent, the transaction is not considered valid.

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

1. Two original Transfer of Mining Licence of Occupation forms complete with transferor's signature and complete description of the lands 
2. A fee of $65.00 + G.S.T. per licence (not per application)
3. Outstanding rents must be paid in full. Payment must be made payable to the Minister of Finance.

The transfer process can take from two to six weeks depending if all of the above criteria has been met. Upon granting the consent, MNDM records are updated to reflect the new licence holder and/or interested party. One original approved transfer document is returned to the client or his representative and the other original is kept on file with MNDM. Mining Licences of Occupation are not registered in the Land Titles or Land Registry systems.

If, for some reason, the transaction does not take place despite the Ministry's consent, the Dispositions Office of MNDM must be notified. The original Transfer of Mining Licence of Occupation form must be returned to the Ministry so the transfer can be formally reversed.

For more information, please contact the Mining Lands Administrator.