Application Instructions for Bulk Sampling on Unpatented Mining Claims

Section 52 of the Mining Act states that written permission must be obtained from the Minister for the removal of a mineral bearing substance for the purpose of testing mineral content. The necessary requirements are found on this web page as well as in Ont. Reg. 192/06 "Permission to Test Mineral Content".

For practical purposes, letters of permission to remove bulk samples are generally not required for samples under 10 tonnes. For precious and semi-precious minerals, a permit may be required for samples less than 10 tonnes. Please check with your local Mineral Development office. The sample size limit applies for a single claim unit or contiguous multiple claim units.

The Director of the Mineral Development and Lands Branch will request the proponent to provide First Nation notification and opportunity for engagement as a condition of issuance of the "Permission to Test".

Application for Permission

Written application is made to one of the locations listed below with the following information:

• The name of the applicant.
• The claim numbers, a legal description of the claim and copies of the claim ownership documents
• If applicable, the written permission of the person or persons holding surface rights to the excavation site.
• A location map of the excavation site at an appropriate scale and a geographic description of the excavation site.
• A description of the material to be excavated and a grade estimate of the material.
• The purpose of testing the mineral content of the material to be excavated.
• The amount of mineral bearing substance and of other material to be excavated.
• Excavation methods to be used.
• The estimated time required to complete the excavation, mining, milling, refining and testing.
• A description of the specific milling, refining or testing activities that are to occur and the location of each site on which such activities are to occur.
• Disposal methods to be used for any end products.
• Safety measures to be used throughout the excavation, mining, milling, refining and testing.
• Rehabilitation measures to be performed after completion of the excavation.

Financial Assurance

An applicant shall submit, together with the application, financial assurance equal to the greater of $500 or $1.00 for each tonne of material to be excavated. The financial assurance shall be in cash. On the submission of a final report and the rehabilitation of the site according to the requirements set out below, the Minister shall, on request, return the financial assurance paid, unless it is proven that the applicant did not, in fact, complete the requirements.

Conditions

Requests are evaluated and, if approved, may be subject to the following conditions where the person who has the written permission:

• shall not excavate more than 1,000 tonnes of material unless any requirements that are required by Part VII of the Act to be satisfied prior to commencing advanced exploration within the meaning of the Act are satisfied.
• shall, if the person excavates over 1,000 tonnes of material, comply with the requirements and conditions set out in the written permission and in Part VII of the Act.
• shall ensure that any work authorized under the written permission proceeds as described in the portions of the application for permission that address the requirements.
• shall ensure that the following practices are followed in the course of carrying out any work authorized under the written permission:
  
  • Where it is reasonably practicable, milling, refining and testing activities occur at a site separate from the excavation site,
  • At the excavation site,
    • signs identify any mine hazards on the site,
    • fences are installed at the brow of any vertical rock face or pit wall greater than three metres in height,
    • measures are in place to prevent inadvertent access to the site, where appropriate, and
    • stripped topsoil and overburden are stockpiled on the site for use in future rehabilitation measures.
• shall ensure that the following rehabilitation measures are performed at any excavation site on which work authorized under the written permission was done, in addition to any rehabilitation measures that are listed in the application:
  
  • Removal of all equipment, chemicals, oils, contaminated soil, temporary shelters, explosives and garbage from the site.
  • For any rock face or pit wall greater than three metres in height,
  • reduction of the rock face or pit wall to three metres, or the sloping of the rock face or pit wall.
    
  • Restoration and contouring of the disturbed area using waste rock, stockpiled overburden and topsoil.
    
  • Revegetation of restored and contoured areas, where appropriate.
    
• shall, by the date specified in the written permission, submit a signed report to the Minister containing the following information regarding the results of the mineral testing:
  
  • The location of the excavation site.
    
  • The number of tonnes of material excavated, tonnes removed from the excavation site and tonnes tested.
    
  • Plans and sections of excavations.
    
  • A description of the physical tests, chemical tests, milling tests and engineering tests performed and the results of the tests.
    
  • A description of the marketing tests performed and the results of the tests.
    
  • A description of the rehabilitation work completed.
    
  • A description of the safety measures provided.
    
  • A description of the product or mineral produced from the excavated material.
    
  • The revenues from the sale of the product or mineral that is produced from the excavated material.
    
  • The total cost of the work, including excavation, mining, milling, refining, testing, transportation, evaluation and rehabilitation costs. (Note: proceeds in excess of costs are payable to the Crown)
    
  • Future development plans for the excavation site.
    

The required rehabilitation work shall be completed within three months of the completion of the excavation work, unless the Minister grants an extension of time to complete the rehabilitation work.

The rehabilitation requirements described above do not apply to a site that has been incorporated into an acknowledged or approved closure plan under Part VII of the Mining Act or a site plan approved under the Aggregate Resources Act.

Contact

Further information may be obtained from, and Applications should be submitted to:

Under Part VII of the Mining Act, Advanced Exploration projects require Closure Plans and may require public notice and consultation.