These explanations and definitions of terms are used internally as a guide in carrying out day to day business in the mining lands section.
Note: Words within quotation marks ("") have been taken from Black's Law Dictionary. Words will be added to this glossary on an ongoing basis.
"to voluntarily
relinquish or give with intent of never again resuming one's
right or interest."
When an unpatented mining claim is
voluntarily relinquished it is abandoned.
Also, projects can be abandoned under Part VII of the Act. The projects can be on unpatented claims, leases, licences of occupation or patents. When leases, licences of occupation and patents are voluntarily relinquished they are referred to as being surrendered.
Under part VII of the Mining Act R.S.O. 1990 abandoned means the proponent has ceased or suspended indefinitely advanced exploration, mining, or mine production on the site without rehabilitating the site.
"to make a solemn (formal) declaration [without a Bible] that an affidavit is true, that the witness will tell the truth, etc."This differs from swearing an oath which refers to a solemn appeal to the Supreme Being (God) and uses a Bible in the process of swearing the oath.
"Strictly speaking it means contained in something else an exact number of times."A part of a surveyed township can be described as portions of that township, e.g. the north half of the east half of Lot 3, Concession VII, Township of....
"to fix the value of."
Under the Mining Act, a mining claim holder is required to perform and submit annual prospecting and/or exploration work to the Minister to maintain interest in the staked claim. For example - trenching, blasting, diamond drilling, geological survey, geophysical survey, etc.
Not all types of exploration work or associated costs are eligible for assessment work credits. See the Assessment Work Regulation.
Profit, benefit or advantage resulting from a contract, or the ownership of an estate as distinct from the legal ownership or control."
"A thing which is personal and movable, whether animate or inanimate [without life or spirit]."
"in close proximity; neighboring; adjoining; near in succession; in actual close contact; touching at a point or along a boundary; bounded or traversed by."
"generally, every instrument in writing by which an estate or interest in the realty is created. Term may also include assignment, lease, mortgage or encumbrance of land."
"to lose an estate, a franchise, or other property belonging to one, by the act of law, and as a consequence of some misfeasance, negligence, default, or omission."Under the Mining Act, a forfeiture can occur for several reasons such as: if a mining claim holder does meet annual assessment work requirements or does not meet conditions of a Recorder's order; if a lessee or licensee does not pay annual rents; or if a patentee does not pay the annual mining lands tax. Also, a lease can be forfeited, by the Lieutenant Governor under Part VII of the Act, when the Director of Mine Rehabilitation declares the project on the lease abandoned.
"A claim, encumbrance, or charge on property for payment of some debt, obligation, or duty."
"type of partnership comprised of one or more general partners who manage business and who are personally liable for partnership debts, and one or more limited partners who contribute capital and share in profits but who take no part in running business and incur no liability with respect to partnership obligations beyond contribution."
a licence to occupy essentially land under water. A MLO was issued for areas not designated as provincial forests. They were issued prior to the amendment of the Mining Act in 1964 and are no longer issued under section 41 of the Mining Act R.S.O. 1990. They were issued in perpetuity, i.e. there is no requirement to renew a MLO. These were generally associated with patents over land.
The licensee has the right to mine.
Exception - An exception, to no new issuance and the purpose of a mining licence of occupation, is the MLO which is issued as first claim on surface rights for tailings purposes. An MLO issued under subsection 176(3) is rare.
"is an interest in land created by a written instrument providing security [to the mortgagee] for the performance of a duty or the payment of a debt."Title vests in person/company who loaned out the money.
In respect of a diamond mine, includes,
"by and with the advice of the Executive Council". These are signed by the Lieutenant Governor of Ontario, on the recommendation of the Minister of Cabinet or the Mining and Lands Commissioner.
all land in Ontario located in territory without municipal organization is liable to assessment and taxation (with exceptions set out in s.3 Provincial Land Tax Act, R.S.O. 1990). This is not a tax on mining rights.
The Ministry of Revenue collects the land taxes unless the property is within an organized municipality; those land taxes are paid to the municipality.
"interest or title; a just and legal claim to hold, use, or enjoy it, or to convey it."