How to Stake a Claim in Ontario

A mining claim in Ontario must be staked in accordance with regulations set out in the Mining Act, and recorded within 31 days of completing the staking. The mining claim must be filed in the office of the Mining Lands Consultant in the mining division where the mining claim was staked or recorded at the Provincial Recording Office in Sudbury.

To guarantee security of tenure, no dispute on a mining claim will be accepted after the claim has been on record for more than one year or after the first year’s assessment work has been performed and approved. Mining claim maps indicate recorded claims and land open for staking. The Provincial Recording Office sells claim maps for the entire province. Claim maps are also available via the Internet.

Once a claim is staked the prospector must perform assessment work in order to maintain the claim in good standing. This work must amount to $400 per claim (16 ha unit) per year and be reported to the Mining Lands section of Ministry of Northern Development and Mines. Claims are forfeit if the assessment work is not done. The land affected by the forfeiture then returns to the Crown and may be staked by someone else.

The prospector’s right is only to explore the mining claims in good standing. Mining cannot take place until the claims are brought to lease. Mining leases are issued for the express purpose of undertaking mineral exploration, development or mining. The right to go to lease is a statutory right upon the claim holder fulfilling the obligations of the Mining Act. Twenty-one-year leases are issued by the Ministry of Northern Development and Mines and may be renewed for further 21-year periods. Leases can be issued for surface and mining rights, mining rights only or surface rights only. Once issued, the lessee pays an annual rent. Further, prior to a mine coming into production, the lessee must comply with all applicable federal and provincial legislation.