MLAS Update - August 19, 2020

Mines and Minerals Division: 

Bulletin - Extending Exclusions of Time for Claim Holders Due to COVID-19

In the April 17, 2020, ENDM Bulletin, the ministry acknowledged that the COVID-19 outbreak and related public health requirements are special circumstances that have created challenges for all claim holders in Ontario. As such, ENDM provided relief by allowing a simplified method to apply for COVID-19 related exclusion requests. In the current circumstances, with the outbreak continuing into late summer, we appreciate that challenges have continued. As a result, we will continue our earlier practice of leveraging the tools available under the Mining Act and will expand the availability of this relief to all claim holders with anniversary dates on or before March 31, 2021.

Claim holders with claim anniversary dates on or before March 31, 2021, will be given an exclusion order by making a brief request via email. There will be no cost for COVID-19 related exclusion requests. The exclusion orders will remove the requirement to perform and file assessment work for a period of time of up to 12 months.

To obtain an exclusion order, claim holders or their authorized agents must email the Provincial Recording Office at pro.ndm@ontario.ca no earlier than the 30th day before the anniversary date of your claim and no later than the anniversary date. We recommend marking your calendars.

This email must:

  • Request a specific exclusion of time period (of up to 12 months) that best suits your needs; and
  • List the claims included in your request.

In addition, to reduce the number of applications that must be submitted, claims that are due outside the 30-day window, but due on or before March 31, 2021, may also be included in your request if both of the following criteria are met:

  • Claims are contiguous to eligible claims due within 30 days of the request; and
  • Assessment work credit for work that will be performed in the future is intended to be distributed to all claims listed in the request.

*PLEASE NOTE: if you have already submitted an application for a COVID related exclusion and have claims that were not included in that application that fall within the expanded window for relief, you cannot amend that application. Instead, you must email a new request at the appropriate time.

The eligible claims you list in your request will be automatically protected from forfeiture until the ministry has processed your request. After the ministry processes your request, you will receive a copy of your exclusion order which will set a new anniversary (due) date for your claim(s) and the transaction will be entered onto the mining claim abstract(s).

Example of Email Requesting Exclusion of Time for Assessment Work

Subject Line:
Request for Exclusion Due to COVID-19

Email:
As claim holder/authorized agent of the claim holder, I would like to request an exclusion of time for [choose a period of time of up to 12 months] months for the following claims: [list all claims included in the request]

Additional information is available in the following Question and Answer [PDF].

If you have questions, please email the Provincial Recording Office at pro.ndm@ontario.ca or call us at 1-888-415-9845. Voicemail messages left after hours will be returned the next business day.