Legal Prospecting Methods

[larryb]

What are legal prospecting methods allowed in Ontario, I live in Michigan and have been looking over the official websites from the Mining Ministry and have some questions.

Can a U.S. citizen file a claim in Ontario, or only prospect under a prospecting license?

Can I use an 12v recirculating high-banker?

Can I use a gas powered fence post auger to test drill before posting a claim?

Can I use same for posting a claim, or must I only use hand tools until approved for mineral testing on a leased claim?

Would like to spend some time up there this summer.

Larry

[cudel]

Good luck larry i too am trying to find stuff out as well and nothing is being said on here.

[michaelk]

Hello... I believe your american identification to apply for a prospectors licence in Ontario would be disallowed. It would become to easy for tourist prospectors to be irresponsible to enviromental laws and oversight of the various ministries in Ontario. Your methods you speak of, would be disallowed by the ministry of the Enviroment because of silting of fish beds and drinking water and gas contamination...and the municipality would not allow auger holes punched into the ground. We use augers for ice fishing and fence post holes (posthole permit needed from municiplaties) not mineral exploration. I am sorry to have to be the one to shut you down on your questions...There is a growing enviromental approach and attitude needed to prospect minerals here in Canada.

[andyf]

Hi Mike:

I have a post war training manual for prospecting sponsored by the canadian government that describes the correct sequence of processes a prospector is to follow. (This tutor guidebook and course was meant for the returning troops from the war).

Uncovering overburden, a destructive process but unavoidable was also accepted. It included drilling,dredging and explosives(which includes the proper way to handle these.) Pictures are included. Differing from norms of today, it recommends no claim should be made until all the work was accomplished and some samples are obtained for assaying.

Having said that, the ecological horror stories portrayed on the documentary Alaska Gold with millions of dollars of equipment just to obtain a sampling is to be avoided. This kind of prospecting should be forbidden. At the stages they portray, this level should only be approved when sampling proves out a rich percentage, and again only when the Ministry has determined a serious mining venture could commence. This is not the case in the program, has every series is a rehash on the meager discoveries found.

[bouzer]

Here are the laws and rules for prospecting in Ontario. I received these laws from Lisette Prudhomme Deputy Mining Recorder Provincial Recording Office. I hope this will assist all that are unaware of these laws.

Rights in a mining claim:
Bob, If you already have a staked mining claim and you are prospecting looking for gold, you cannot sell the gold from the mining claim until such time that the mining claim is converted to a mining lease. The Mining Act sets out the rights of a licensee/claim holder with respect to staked claims.

Rights in claim: 50. (1) The staking or the filing of an application for or the recording of a mining claim, or the acquisition of any right or interest in a mining claim by any person or all or any of such acts, does not confer upon that person, (a) any right, title, interest or claim in or to the mining claim other than the right to proceed as is in this Act provided to perform the prescribed assessment work or to obtain a lease from the Crown and, prior to the performance, filing and approval of the first prescribed unit of assessment work, the person is merely a licensee of the Crown and after that period and until he or she obtains a lease the person is a tenant at will of the Crown in respect of the mining claim; or (b) any right to take, remove or otherwise dispose of any minerals found in, upon or under the mining claim. [R.S.O. 1990, c. M.14, s. 50 (1); 2009, c. 21, s. 101 (4).]

Surface rights: (2) The holder of a mining claim does not have any right, title or claim to the surface rights of the claim other than the right, subject to the requirements of this Act, to enter upon, use and occupy such part or parts thereof as are necessary for the purpose of prospecting and the efficient exploration, development and operation of the mines, minerals and mining rights therein. [R.S.O. 1990, c. M.14, s. 50 (2); 2009, c. 21, s. 28 (1).]

Exploration work:
(2.1) Despite subsection (2), the holder of a mining claim shall not enter upon, use or occupy any part of a mining claim for any exploration work on the claim unless the requirements in Sections 78.2 and 78.3 and in the regulations have been met. [2009, c. 21, s. 28 (2).]

Taxation:
(3) The holder of an unpatented mining claim is not liable to assessment or taxation for municipal or school purposes in respect of such unpatented mining claim. A mining lease provides you with exclusive rights to enter into mine development (extraction, processing, sale). There are various companies that buy/sell gold. You can search for those on the internet as there are many.

Mineral Collecting:
Policy: L.P. 701-1. Date Issued: March 25th, 2011. Purpose: As stewards of minerals in the province, the Ministry of Northern Development and Mines recognizes hobby mineral collecting for its recreational and educational benefits to the public as a whole. Therefore the Ministry allows mineral collecting under conditions specified in this policy.

Policy: Mineral collecting in Ontario is a privilege offered by the Province and is not a right. Hobby mineral collectors have no legal right to collect or extract minerals on Crown land or on land where title, an interest or right is held by a person or company, who is not the mineral collector.

Types of Mineral Collecting: There are 2 types of mineral collecting recognized by the Crown: hobby mineral collecting, and large scale/commercial mineral collecting. The 2 types of mineral collecting are distinguished on the basis of a threshold limit, which is explained in the definition section of this policy.

Legal Requirement: The Mining Act makes it clear that minerals cannot be extracted or removed without a lease of the mining rights, and compliance with the provisions of Part VII of the Act. Extraction can also be authorized in some cases by the Aggregate Resources Act. However, there is no specific authorization to remove minerals as part of a hobby collection.

Hobby Collecting: Hobby mineral collecting is allowed to the threshold limit, where both surface and mining rights are owned by the Crown and open to mineral collecting. The requirements, of the Mining Act and the Aggregate Resources Act, will generally not be enforced against hobby mineral collecting. Note: Since hobby mmineral collecting is a privilege, it must not conflict with other legitimate uses and users of the same land. The mineral collector is not allowed to trespass on privately owned land, nor on Crown land where there are unsafe or hazardous conditions. Collectors are advised to obtain or consult a claim map to determine land status. All the laws regarding environmental protection which would be applicable to a prospector's licence holder, or other persons using the land, are applicable to hobby mineral collectors.

Large Scale or Commercial Collecting: This will be done according to the provisions of the Mining Act or the Aggregate Resources Act, where applicable. Provisions of the Public Lands Act will be enforced where applicable. Large scale/commercial collectors must obtain a lease or aggregate permit.

Mineral Collecting where Other's Rights Exist: The following are examples of interests with existing rights; therefore, permission is required for hobby collecting: Holder of an unpatented mining claim. The claim holder has the right to explore for the minerals and the right to lease the claim, if all conditions of the Mining Act have been met. Therefore, the holder of an unpatented mining claim has existing rights and interests. Holder of a land use permit. holder of licence of occupation. Holder of an aggregate permit or licence. lessee: patent owner. Ontario Northland Transportation lands. summer resort owners. Indian reserves.

Permission Required: The person intending to do hobby mineral collecting on land where there is a land owner, must first obtain permission from the person or company with the existing right. Such permission should be in writing to protect both parties. The onus of finding out the status of the land (if a right exists) is on the mineral collector. Different types of grants and interests in land exist, and more than 1 can exist on the same parcel of land. Typical of the status of land or existing right for which a mineral collector requires permission are listed below:

Privately Held Surface Rights: Where the mining rights only are owned by the Crown, hobby mineral collecting is allowed to the threshold limit, contingent on the surface rights owner's permission. The person intending to collect must follow any terms and conditions established by the person or company with the existing right. These may include restrictive conditions on extraction methods. Examples, lease or patent for surface rights only; land use permit.

Privately Held Mineral Rights: Where the surface rights only are held or reserved to the Crown, the person intending to do the hobby mineral collecting must first obtain permission from the holder of the mining rights. The Crown cannot establish amounts of mineral that can be extracted, because the mining rights for this type of land have been granted or otherwise disposed of. The owner of the mining rights determines the amounts, terms and conditions of any mineral collecting activities. This may include charging for extracting the minerals. The owner of the mining rights will be responsible for meeting all the legislative requirements for mineral extraction. Examples, mining rights only unpatented mining claims; leased and patented mining rights; permits and licences issued under the Aggregate Resources Act. This does not exempt the collector from other requirements under other Sections or Acts. Surface Rights and Mining Rights Held Separately: Permission must be obtained from both holders in cases where the surface rights and mineral rights are held by 2 different parties. Mining Rights Only Held: The mineral collector needs the permission of the mining rights holder to take mineral sample(s). Mining and Surface Rights Held: The mineral collector requires the permission of the mining and surface rights holder to enter the land and take mineral sample(s). The mineral collector requires permission of both the mining rights holder and the surface rights holder, when they are not the same party. Surface Rights Only Held: The mineral collector must obtain, from the surface rights holder, permission to enter on the land; however, the Crown mining rights must also be open to mineral collecting. Crown Land: By policy, Crown land is open to mineral collecting, with certain exceptions described below.

Lands Not Open for Mineral Collecting:
Some lands are not open for mineral collecting. Usually, other activities are also restricted on this type of land. Typically these lands can be related to land not open to staking. The following are examples of lands that are not open for mineral collecting: Public lands that are posted or otherwise marked to prohibit all or some activities. Check with the local Ministry of Natural Resources office for lands posted under the Public Lands Act. Areas which are part of a mining hazard or are hazardous to those attempting to collect minerals. Check with the Resident Geologist or District Geologist in whose division you want to collect minerals. Land that is not Crown land as outlined in Section 1 of the Mining Act R.S.O 1990 (referred to as the Act). Indian reserves as set out in clause 30(e) of the Act, Provincial Parks (Section 31 of the Act), federal parks, Lands withdrawn from staking, sale or lease under Section 35 of the Act or one of its predecessors. Note: For the purpose of this policy, both the terms gold panning and fossil collecting are interchangeable with term mineral collecting. Therefore, gold panning and fossil collecting are subject to this policy. Collecting Minerals by Institutions: Collecting minerals by institutions for educational purposes, for displays at museums or other public places as well as for use in scientific research are also subject to this policy. Definitions: The definitions in Section 1 of the Mining Act for minerals, mining claim, mining lands, and mining rights, patent, and surface rights apply to this policy. Threshold Limit: What one person can excavate with hand tools only and can carry unassisted, from a specific site or location. The limit is allowed once per year per site. Hobby Mineral Collecting: collection for personal pleasure, recreation, or interest, and the amount collected is below the threshold limit, and the samples are collected for the collector's personal collection, and, the collector has no intention to sell the minerals collected. Swapping minerals collected as part of hobby collecting is acceptable. This recognizes that swapping is part of a personal collection. Large Scale Mineral Collecting: (Commercial Collecting) mineral collecting or extraction of minerals with the intention of selling, or the amount of mineral collected is above the threshold limit, or the collection is done with the use of mechanical equipment: plunger, dynamite, backhoe, mechanical or power equipment.

Where to Find Information:
Ministry of Northern Development and Mines, Mining Lands Consultants: Mining land consultants can help you access up-to-date claim maps on the internet. These maps show the status of mining lands in their mining division. Internet: These maps can be printed from the internet at CLAIMaps or purchased from OGS Publication Sales Office in Sudbury, Ontario. The CLAIMS Client Services database can provide you with the name of the holder of an unpatented mining claim. This information is available on the Mining Claims Information (MCI) web site. Resident and District Geologists: Resident and District Geologists can advise collectors about mineral collecting sites in their districts, including areas that are considered hazardous. They can also advise about publications on mineral collecting.

Ministry of Natural Resources:
District Managers: District Managers can provide information on quarry permits, quarry licences, land use permits, licences of occupation and land use permits that have been issued by their ministry. They can give advice about other issues regarding public lands.

Land Registry Offices: For the names of the leaseholders or patent owners, the mineral collector should go the appropriate Land Registry Office.

The following terms of references are obtained from Section 1 the Mining Act. Crown in right of Ontario.

Holder: When referring to the holder of an unpatented mining claim or a licence of occupation issued under the Mining Act, means the holder of record.

Minerals: All naturally occurring metallic and non metallic minerals, including coal, salt, quarry and pit material, gold, silver and all rare and precious minerals and metals, but does not include sand, gravel, peat, gas or oil.

Mining Claim: A parcel of land, including land under water, which has been staked and recorded in accordance with the Mining Act and the regulations.

Mining Lands: Includes the lands and mining rights patented or leased under or by authority of a statute, regulation, or order in Council, respecting mines, minerals or mining, and also lands or mining rights located, staked out, used or intended to be used for mining purposes.

Mining Rights: The right to minerals on, in or under any land.

Patent: A grant from the Crown in fee simple or for a less estate made under the Great Seal.

Surface Rights: Every right in lands; other than mining rights. Unpatented. When referring to land or mining rights, means land or mining rights for which a patent, lease, licence of occupation or any other form of Crown grant is not in effect.

Bouzer...

[bouzer]

Apr 17, 2008 8:34:15 GMT -5 cudel said:

Good luck larry i too am trying to find stuff out as well and nothing is being said on here.

Take a look at my comments on prospecting in Ontario. I received this notification from the deputy minister of mining. We have no rights to sell gold or any minerals at all, unless you obtain a mining lease, and good luck doing that.  

Bouzer....

[bouzer]

Take a look at my comments on prospecting in Ontario. I received this notification from the deputy minister of mining. We have no rights to sell gold or any minerals at all, unless you obtain a mining lease, and good luck doing that.

Bouzer....