Mining – Mineral Rights vs Surface Rights

Mining – Mineral Rights vs Surface Rights

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Mining – Mineral Rights vs Surface Rights

Due to the increase in residents asking about mining rights, the link below is from Ontario.ca, which explains the process for mining consultation.  This website also explains the difference between surface rights and mineral rights, and the requirements for interested parties to enter private property.  Please follow the link below to learn more about this process.

Mining sequence — consultation | ontario.ca

Surface rights holders

Mineral rights are the rights to the minerals located in, on or under a piece of land. A surface rights holder is an individual who owns rights to land which do not include the mineral rights. Contact with surface rights holders should be made and maintained throughout the mining sequence, as they have a legal right to the land. In some cases, contacting surface rights holders is also a requirement under the Mining Act.

Contact requirements and suggestions

Surface rights holders must be contacted before beginning assessment work. It is also highly recommended to contact surface rights holders before:

  • Entering their property to prospect
  • Entering their property to stake
  • Prior to the creation of a closure plan
  • Beginning new exploration activities
  • Making changes to existing exploration activities
  • Beginning construction of a mine
  • Beginning to extract minerals
  • Beginning rehabilitation work
  • Identifying Surface Rights Owners

The surface rights owner(s) of a piece of land can be identified by performing a title search at a Land Registry Office.