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Land Rights
Before an individual can obtain mineral rights, she must determine whether the land is open to claim and who the current owner is. The first way to ascertain ownership is to view the property's title documents at the local county court. Another way to determine mineral ownership is to search the ministry's map database, which can be found on its website (see Resources).
Mining Claim
The first step toward obtaining mineral rights is to stake a claim. Anyone who holds a prospectors license is permitted to stake out a mining claim on land open for staking. For a fee, individuals over 18 years of age can obtain a prospector's license. A prospector's license is purchased through the Ministry of Northern Development, Mines and Forestry. As of May 2010, the fee was $25.50 CDN.
Prospecting
A prospector must perform a minimum of $400 per 16 hectare claim unit of exploration work per year to keep her mining claim in good standing. If assessment work is not completed, the prospector will forfeit her claim. Assessment work is not required in the first year after recording a mining claim.
Considerations
The first step in obtaining mineral rights is to stake a claim. The purpose in staking a mining claim is to carry out prospecting in the hopes of finding minerals. The claim does not grant any ownership to the minerals on a property. If an individual would like to obtain mineral rights, he must apply for a mining lease through the ministry. Mining leases are issued for the express purpose of undertaking mineral exploration, development or mining. Mining cannot take place until the claims are brought to lease. To obtain a mining lease, a prospector must fulfill the requirements as set out by the Ontario Mining Act.
Mining Lease
A mining lease gives the holder the rights to minerals located on the property. Mining leases are specific to the situation, but generally with a mining lease the holder also obtains the surface rights necessary for mineral extraction. Mining leases are issued for 21-year terms and may be renewed for further 21-year periods. Once a lease is issued, the lessee pays an annual rent to the province. For more information on the specific steps required to apply for a mining lease, read the Ontario Mining Act (see Resources).