Inspections of Mining Lands: Categories and Priorities

Policy: U.C. 904-1

Date Issued: March 25, 2011

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.

Guideline

Despite the dissolution the Mining Claims Inspections program, limited field inspections may be carried out by staff deemed to be qualified in claim inspections by the ministry’s senior management.

Inspection by Industry: Claim holders or disputants can, at their expense, contract:

certified (accredited) Ontario Land Surveyors, or
graduate survey technicians, or
privately employed qualified individuals, to perform the inspections and provide a report to the Mining Recorder. The Ministry may accept the inspections report, subject to conflict of interest guideline.

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.

Categories

For the purpose this Policy there are nine categories for which inspection of mining land may be conducted; these are listed in order of importance or priority as follow:

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

Priority #1: Dispute Inspections

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

Priority #2: Fraudulent Assessment Work

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.

Priority #3: Boundary Location Inspections

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 the rightful claim holder is. These inspections are the most numerous. 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.

Priority #4: Mining Rights Conflicts and Public Complaints

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.

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.

Priority #5: Assessment Work Inspections

Generally there will be no routine assessment work inspections as concerns can be addressed through the review of assessment work submissions and the field activities of the Resident Geologists. However, the minister reserves the right to order random inspections on a limited basis where fraud is suspected; and for compliance with the assessment work regulations

Priority #6: Staking Infractions Inspections

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

Priority #7: Perimeter Survey Inspections

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

Priority #8: Partial Abandonment

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/tags, erect new posts and identify the new claim boundary lines.

The Ministry expects few partial abandonment 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.