Inspections of Mining Lands: Categories and Priorities

Guideline:

With the dissolution of the Mining Claims Inspectors program, limited field inspections may be carried out by a few qualified staff of the Mining Lands Section. The inspections have been categorized and priorities set.

THE MINISTRY OF NORTHERN DEVELOPMENT AND MINES WILL REGARD, AS VERY SERIOUS, ANY WILLFUL CONTRAVENTION OF PROVISIONS OF THE MINING ACT OR REGULATIONS. IN SUCH CASES, THE MINISTRY WILL PURSUE AN IMPOSITION OF PENALTIES SUCH AS FINES, LICENCE SUSPENSION AND REVOCATION.

STAFF WHO MAY INSPECT -

• Deputy Mining Recorders
• Resource Technicians
• other staff who are deemed by senior management to be experienced/qualified in claims inspections

DELETION

INDUSTRY INSPECTIONS - Claim holders or disputants can, at their expense, contract professionals (specified below) to perform the inspections and provide a report to the Mining Recorder. The Ministry may accept inspections from one of the following [subject to conflict of interest guidelines]:

• certified (accredited) Ontario Land Surveyors
• graduate survey technicians
• privately employed individuals

CATEGORIES - There are several categories of inspection of mining lands. These are listed in order of importance.

• disputes
• assessment work where fraud is suspected
• mining and surface rights conflicts
• public complaints
• assessment work
• staking infractions
• boundary locations
• perimeter surveys
• partial abandonments

Dispute Inspections Priority #1:

DISPUTE INSPECTIONS A dispute occurs when a party (which can include the Crown) questions the validity of the staking of a mining claim. The Mining Recorder or Mining and Lands Commissioner may hold a hearing to determine the evidence from the field and other information presented.

WHO WILL INSPECT - Mining Lands experienced staff will perform dispute inspections only when directed by the Senior Manager.

Fraudulent Assessment Work Priority #2:

Suspected fraud in reported assessment work is of serious concern to the Ministry. This can come to the attention of the Ministry through another client or Ministry staff. Ministry staff will inspect suspect assessment work, after the review of the issue and its circumstances.

Boundary Location Inspections Priority #3:

Generally these inspections are required where a staker has or appears to have staked part of other mining lands or lands not open for staking. A staker can find open ground in the field where Ministry maps indicate the area as already staked. These inspections often resolve who is the rightful claim holder.

These inspections are the most numerous. They will be prioritized by the Chief Mining Recorder and Senior Manager, Mining Lands, in consultation with the Recorders.

WHO WILL INSPECT - There will be very limited inspections by Ministry staff and those may only occur when the Crown alienation is in question. Mining Recorders' staff will attempt to fit all claim sketches on to the map, where practical.

STAKING SKETCHES - On the Application to Record sketches, Recording staff are to ensure the accuracy of the sketches and tie-ons to other mining lands. Make a point of advising clients that the more accurate the sketch and tie-on information, the less chance that the application will be refused.

The use of air photographs and 1:50,000 topographic maps should be utilized to resolve the issue.

Boundary location problems might be dealt with when a claim is surveyed. Otherwise the claim holders will be encouraged to resolve the problems themselves.

The inspection report must meet Ministry standards. In all cases, the Recorder must be reasonably sure that the inspection report is accurate and that there is no conflict of interest on the part of the person who did the inspection, as sworn on the affidavit.

To be certain that assessment work is being performed within the claim boundaries, the claim holder might want to contract an Ontario Land Surveyor.

Mining Recorders will encourage and accept resolutions by the involved claim holders, where practical. Mining Recorders can serve in an advisory role.

Mining Rights Conflicts Priority #4:

Occasionally public complaints are received, where surface rights owners and others dispute the method of staking or the location of claim boundaries.

Other conflicts arise between surface rights holders and mining rights holders, such as the assessment work performed. The surface rights holder might not have been aware that exploration work was being done on their property.

WHO WILL INSPECT - Ministry staff will not inspect claims to resolve public complaints except where senior management determines that the situation requires it. However, Recorders and management will conduct initial investigations by telephone or mail, to attempt to resolve the issues that arise.

Public Complaints Priority #5:

Occasionally public complaints are received, where surface rights owners and others dispute the method of staking or the location of claim boundaries.

Other conflicts arise between surface rights holders and mining rights holders, such as the assessment work performed. The surface rights holder might not have been aware that exploration work was being done on their property.

WHO WILL INSPECT - Ministry staff will not inspect claims to resolve public complaints except where senior management determines that the situation requires it. However, Recorders and management will conduct initial investigations by telephone or mail, to attempt to resolve the issues that arise.

Assessment Work Inspectsions Priority #6:

Mining claims can be inspected for compliance with the assessment work regulations.

WHO WILL INSPECT - There will be no routine assessment work inspections. Through the review of assessment work submissions and the field activities of the Resident Geologists concerns can be addressed. Where there is fraud suspected an inspection may be carried out by staff.

Random inspections may occur on a limited basis.

Staking Infractions Inspections Priority #7:

Clients state their concerns to the Mining Recorder about poor staking practices of other prospectors, but do not necessarily dispute a specific staking.

WHO WILL INSPECT - On a limited basis, the Ministry may conduct random inspections for alleged poor staking practices. An inspection may be done by Ministry staff, if a client files a dispute or if a boundary question needs investigation. The Mining Recorder will recommend which are to be inspected.

Perimeter Survey Inspections Priority #8:

Generally mining claims are surveyed when a claim holder plans to take a claim to lease status. When one lease will consist of two or more claims, the claim holder has a choice of having the claim surveyed individually or having a survey made of only the external boundary. An external boundary survey of a claim group is referred to as a perimeter survey.

The reason for the inspections are:

• to confirm that the requirements of the Act have been met
• to provide an "optional" inspection report for the Surveyor General. It has been agreed with the Surveyor General that it would be desirable to have the Mining Recorder address all instructions for survey of mining claims, including perimeter surveys. Inspections will not be required unless the Recorder has concerns of a specific nature (e.g. claims were never staked).

There will be no inspections for perimeter surveys unless requested by the Recorder to address boundary problems.

Partial Abandonments Priority #9:

A block claim consists of between two and sixteen claim units. When the claim holder(s) abandons part of a block claim, the Recorder gives an order directing the claim holder to move posts or tags, erect new posts and identify the new claim boundary lines.

The Ministry expects few partial abandonments and therefore little need for inspections of this type.

Note:

REHABILITATION AND MINE HAZARD INSPECTIONS are carried out under part VII of the Mining Act for :

• compliance with Part VII of the Mining Act
• compliance with and order of the Director of Mine Rehabilitation
• public complaints about exploration or mining hazards related to site rehabilitation
• Ministry staff sightings of hazards

Rehabilitation and mine hazard inspections are done only by Rehabilitation Inspectors.