Relief From Forfeiture of Mining Lands

Process:

Under subsection 185(1) of the Mining Act, the Minister may order, revoke, cancel or annul the forfeiture of any mining lands or mining rights, or revoke, cancel, or annul the termination of a lease of mining lands or relieve from forfeiture any unpatented mining claims, on such terms and conditions as the Minister considers appropriate.

The Senior Manager, Mining Lands Section, has the delegated authority for making a recommendation regarding a relief, revocation, annulment or cancellation of forfeiture or termination of mining lands, as well as the terms and conditions. The Director Mineral Development and Lands Branch approves the terms and conditions and has the final delegated authority for signing the order under subsection 185(1) of the Mining Act. 

NOTE: A major benefit of relief from forfeiture is reinstatement of assessment credits filed on mining lands.  

Under subsections 185(4) and 185(5), the Senior Manager, Mining Lands may direct the withdrawal of the land in question from staking, sale or lease, and may direct if a fee is payable.

NOTE: A refusal of a relief from forfeiture cannot be appealed to the Mining and Lands Commissioner. It is a Minister’s decision.

Provincial Mining Recorders, the Supervisor Dispositions Office, or other Ministry staff might receive the initial request for information about the procedure. Follow the instructions given below.

Responsibility:

Client

1. Before or after the unpatented claim expires, contacts a Mining Lands Consultant, Provincial Mining Recorder, or the Senior Manager, Mining Lands with an initial inquiry about relieving a claim from forfeiture.  If a lease, licence of occupation or patented mining land expires or forfeits contact the Supervisor Dispositions Office or the Senior Manager, Mining Lands Section.

Provincial Mining Recorder or Mining Lands Consultant

2. Advise the client to consider the following. Then advise the client to contact the Senior Manager, Mining Lands if choosing to proceed. 
   • the request for relief will most likely be denied, if there is adverse interest on the lands. The person or company  requesting the relief, revocation, annulment or cancellation  of forfeiture must resolve the adverse interest with the third party before the request will be considered.
   • there are other options such as re-staking. Re-staking the claim(s) protects the client’s interest whether or not the client applies for relief from forfeiture.
   • an application for relief from forfeiture does not mean that approval is automatic.
   • withdrawal of the land from staking, sale or lease is not automatic upon application.
   • an application for relief from forfeiture is a decision of  the Minister under subsection 185(1). It is not a proceeding before the Commissioner or Ontario Court (General Division) under subsection 30(f) or subsection 64(2) of the Mining Act
   • it may be a lengthy process.
   • the fee is seldom waived.
   • the fee is seldom refunded even when an application is refused.

Client

3. Considers re-staking the ground or/and applying for relief, revocation, annulment or cancellation of forfeiture.

4. Contacts the Senior Manager, Mining Lands to determine if the application will be considered.

   NOTE:  A formal written application plus the application fee is required for the Senior Manager to further consider the application for relief, revocation, annulment or cancellation of the forfeiture. The written application begins the process. 

5. If applying, the application is to include:
   • applicant’s name and address (must be the holder of record or an agent)
   • name(s) of the recorded holder(s), or lessees, holders of a licence of occupation, or  owner of  patented mining land 
   • the fee
   • a claim map highlighting the mining lands in question
   • a description of mining lands needing relief, revocation, annulment or cancellation from forfeiture. This can be: a list of all the unpatented claim numbers; or the lease or licence of occupation numbers; or for patented mining land, both the parcel number and the Mining Land Tax account number.
   • recent abstract(s), for unpatented claims, or recent parcel registers or abstracts of title for leases or patents.
   • a detailed statement of the circumstances of the forfeiture. For example,  for an unpatented claim, if the Provincial Recorder refused an application for extension of time, the client must list the circumstances for the application for extension of time and include a copy of the letter of refusal;
   • a statement as to whether or not there is adverse interest on the land (Has it been staked?)
   • a statement of the equity in the property, including details of assessment work programs performed on the property by the recorded holder: in the past, currently, plus future exploration work that has been scheduled.

Senior Manager, Mining Lands Section

6. Briefly discuss the situation with the client.
7. If a withdrawal order is critical, instruct a staff member to fast track a request for withdrawal of the land from staking.
8. When you receive the written application, assign it to a staff member in the Provincial Recording Office, a Geoscience Assessor, Dispositions Office or Technical Services, for a detailed and rigorous review.

Staff

9. Prepare a request for withdrawal order if requested to do so by the Senior Manager, Mining Lands Section.
10. Review the application.
11. Prepare a briefing note describing the issue. Include options and your recommendations.
12. If a withdrawal order was prepared at any stage, prepare a reopening order to include with the relief from forfeiture package. Include your recommendation for approval or refusal.
13. Prepare the package of information. Include the briefing note and the relief from forfeiture, revocation, annulment or cancellation order, for the signature of the Director Mineral Development and Lands Branch
14. Forward to the Senior Manager, Mining Lands Section for review.

Senior Manager, Mining Lands Section

15. Recommend or refuse the application for relief, revocation, annulment or cancellation of forfeiture.
16. If  recommending refusal of the application, return it to the staff member to prepare a letter of refusal to the applicant, for signature. If recommending approval of the application, sign the routing and approval form.

Director, Mineral Development and Lands Branch

17. Sign the order for relief, revocation, annulment, cancellation of  forfeiture or termination or refuse the application.

Senior Manager, Mining Lands Section

18. Application Approved or Refused - Sign the reopening order, if the land was withdrawn. Inform the client in writing that the application has been accepted or refused. Forward the approval or refusal and reopening order to Technical Services.

Technical Services Group

19. Update the Relief from Forfeiture Database and the Withdrawal/Reopening Database, where appropriate. 
20. Forward the application package and approval/refusal to the Deputy Mining Recorders for an unpatented claim or to the Supervisor, Dispositions Office for other mining land.

Deputy Mining Recorder or Supervisor Dispositions

21. Review and forward to staff to update the databases.  Reopening orders must be posted in the Provincial Recording Office.
22. Return the original application, routing and approval form, and reopening order to the office of the Senior Manager for filing.