How to Lease Mining Claims in Ontario

This summary has been prepared for ease of reference only. For accuracy, refer to the Mining Act Legislation, R.S.O. 1990.

The recorded holder of an unpatented mining claim does not own the land and has no title (permitting mineral extraction) until a lease is granted. However, mining claims can be kept in good standing indefinitely by performing and applying the yearly assessment work requirements ($400 annually, per 16 hectare claim unit).

The recorded holder of a mining claim normally acquires a mining lease under Section 81 of the Mining Act. Mining is not permitted on mining claims that have not been taken to lease.

The application and payment for a lease may then be made to the recorder at any time after the first prescribed unit of assessment work on a mining claim is performed, filed and, approved and the application and payment are accompanied by: a plan of survey; an agreement or an order of the Commissioner indicating that surface rights compensation, if any, has been paid, secured or settled; and the prescribed fees, including the balance of monies required if the required $4400 in assessment work has not been performed on each claim unit to date.

A lease under Section 81 of the Mining Act, R.S.O. 1990 shall be for a term of 21 years.

Recorded Agreements

Any agreements remaining on record imply an interest. Therefore, this office would be unable to process a lease application until title in the mining claims has been reconciled. The current policy is to request the notice of all agreements be removed. The party entitled to the lease must obtain the written consent of all parties in the agreement to have the notice removed and file such with this office. Notice of agreements may be recorded against the title of the lease when registered in the appropriate Land Titles Office. For the purpose of expediting the issuing of a lease, the Commissioner may determine any issues relating to encumbrances or any other right or interest recorded on the claim abstract.

Generally, the following steps are required to bring your claims to lease:

1. Indicate in writing to the Mining Recorder your intention to obtain a lease and include:
   1. the claims you wish to bring to lease and the township or area they are located in;
   2. whether you intend to lease Mining Rights Only or Mining and Surface Rights;
   3. For mining claims that are located in a township which has been subdivided into lots and concessions, it may not be necessary to have a survey performed prior to bringing the claims to lease. In these cases, you may inquire with the Mining Recorder as to whether a legal description of the claims can be prepared. For mining claims that are located in unsurveyed territory or townships, the claims must be surveyed by an Ontario Land Surveyor at your expense. If this is the case, you will have the option of applying for permission to perform a perimeter survey of the claims (if two or more of your mining claims are contiguous) or an individual survey of each claim.
   4. the name of your surveyor, if required.

   Note: Your choice will dictate some of the fees to be levied and required steps in order to bring the claims to lease.

2. If a survey is required, permission and instruction to survey may then be issued to your surveyor.
3. Once the survey has been completed, the surveyor is required to file three copies of the survey plans and survey notes in the Provincial Recording Office. It will then be forwarded to the Surveyor General Office (MNR) for approval.
4. We will then send you an outline of the cost of the first year's rent based on the size of the claims. It may be necessary to perform additional assessment work or pay additional fees if the claims exceed the prescribed area for a mining claim by more than 15 percent.
5. If you are applying for a lease of the Mining Rights onlyand the Surface Rights are patented or leased, it will be necessary for you to have an agreement signed by yourself and the owner of the surface rights.
6. You shall then submit to the Provincial Recording Office an Application for Lease (form # 0198) accompanied by:
   1. a survey plan (if required)
   2. an agreement or order of surface rights compensation (if required)
   3. the first year's rental @ $3.00 per hectare
   4. the application fee of $75.00 per lease plus, for each 16 hectare unit of land, a fee of $4400 less the dollar value of assessment work recorded to date
   5. extra assessment work or payment if claim is oversized

For more information, contact a Deputy Mining Recorder.