Glossary

ABORIGINAL COMMUNITY is used throughout MAAP and the Mining Act and regulations, to refer collectively to those First Nation and Métis communities in Ontario who have rights protected by Section 35 of the Constitution Act, 1982.

ABORIGINAL RIGHTS are the collective rights held by Aboriginal communities. For an activity to be an Aboriginal right, it must be an element of a practice, custom or tradition which is integral to the distinctive culture of the Aboriginal community claiming the right.

• For First Nations and Inuit communities, the activity must have existed at the time of first contact with Europeans.
• For Métis communities, the activity must have existed prior to the time of effective European control.

In both instances, the current practice, custom or tradition - such as hunting, fishing, or gathering - must have continuity with the historic practice, custom or tradition, and it must remain integral to the community’s culture. Present-day activities may be the modern form of a historical practice, custom or tradition.

Aboriginal rights are protected under Section 35 of the Constitution Act, 1982.

An AGENT is a person who is duly authorized to act for or in the place of a mining lands holder and whose actions and decisions are binding on the mining lands or claim holder

An ASSESSMENT WORK MANAGER (AWM) is a person designated by the mining lands holder to manage all tasks associated with the filing of assessment work reports, the distribution of assessment credits and submitting a payment in place of assessment work (PIP). The AWM would replace the requirement for the mining lands holder to show what was previously referred to as “beneficial interest”

The ASSESSMENT YEAR is the year between the date of registering of a claim and the first anniversary date, and the year between anniversary dates moving forward

A BOUNDARY CLAIM is the part or parts of a legacy claim or claims that is/are located within a cell on the Provincial Grid and is/are converted to a boundary claim. Boundary claims are a result of conversion and cannot be registered in MLAS, only cell claims can be registered.

A CELL CLAIM is a mining claim, other than a boundary claim, relating to all of the land included in one or more cells on the Provincial Grid.

The CIRCULATION DATE is the date on which a Director sends, by whatever means, an Exploration Plan or an application for an Exploration Permit to an Aboriginal community (First Nation and Métis) that the Director has identified or if there are no identified communities the date on which the Director sends, by whatever means, a notice to the proponent to confirm the Exploration Plan or Exploration Permits has been received and includes the required information

CLAIMAPS is the map viewer available on MNDM’s Mining Lands Administration System (MLAS) and is the online tool that licensed individuals will use to register mining claims in Ontario. CLAIMaps can also be accessed as a public-facing map viewer external to MLAS for viewing purposes only. Licensed individuals will not be able to register mining claims using the public-facing CLAIMaps, they will need to be registered with and signed into MLAS to register claims using the internal CLAIMaps.

CONSULTATION CREDIT is comprised of eligible costs incurred by proponents in conducting consultation with Aboriginal communities (First Nation and Métis) related to exploration activities proposed to be conducted on the proponent’s mining land. Consultation credits that are in reserve are referred to as the consultation reserve.

A CONSULTATION REPORT is a report in an approved form, available through MNDM’s website, on which a proponents can summarize the steps they may have taken in consulting with Aboriginal communities (First Nation and Métis) identified by MNDM. The report will summarize the information the proponent has provided, the information and concerns they have heard and gathered from the communities, and how those concerns have been considered their project plan, particularly with regard to measures the proponent may have adopted to mitigate potential impacts to Aboriginal and treaty rights brought forward by an Aboriginal community (First Nation and/ or Métis).

CONTIGUOUS MINING CLAIMS (cell claims and boundary claims) and contiguous mining lands must meet at least at one point (e.g. corner to corner). Cells and/or lands that are used to form a path of contiguity where credits are being distributed to and from must also share common ownership or common authorized Assessment Work Managers

CONVERSION is the process by which existing ground and map staked claims (now referred to as legacy claims) were realigned and registered on the Provincial Grid as either cell claims or boundary claims.

CROWN LANDS are those lands owned and managed by the province for the economic, social and environmental benefit of all Ontario residents

DISPUTE RESOLUTION is available during the timeframe when an application for an exploration permit is being considered by MNDM. As MNDM and proponents carry out consultation with Aboriginal communities (First Nation and Métis) as prescribed by the Exploration Plans and Exploration Permits regulation, issues may arise which could benefit from the facilitation of a neutral third party. The dispute resolution process is not a decision-making or appeal process but results in recommendations back to the Ministry. Ideally, facilitation will help the parties reach agreement on how to resolve the outstanding issue within the regulated timeframes. MNDM will consider the ispute resolution process are part of their efforts to consult with Aboriginal communities (First Nation and Métis) and will consider the process and any recommendations received in making a decision whether or not to issue an exploration permit.

EARLY EXPLORATION ACTIVITY, for the purposes of the Exploration Plans and Exploration Permits regulation under the Mining Act, means prospecting and mineral exploration activities, including those that fall within the Schedules to the regulation, but does not include advanced exploration or mine production as defined in Part VII of the Mining Act.

An EARLY EXPLORATION PROPONENT is a defined term for the purposes of the Exploration Plans and Exploration Permits regulation under the Mining Act, and is distinguishable from “proponent” as defined for purposes of Part VII of the Act. For the purposes of early exploration, an early exploration proponent is a person who is a holder of a mining claim, mining lease or license of occupation for mining purposes and is conducting or proposes to conduct early exploration activities.

The ENVIRONMENTAL REGISTRY contains "public notices" about environmental matters being proposed by all government ministries covered by the Environmental Bill of Rights. The public notices may contain information about proposed new laws, regulations, policies and programs or about proposals to change or eliminate existing ones. Each notice tells you:

• Where you can find the details about the proposals
• How and where you can send your comments
• The deadline for having your comments considered.

EXPLORATION CREDIT is the approved assessment work credits that do not include consultation credits. Exploration credits that are in reserve are referred to as the exploration reserve.

FIRST NATION is a term that came into common usage in the 1970s to replace the word "Indian." It has also been adopted by some First Nation communities to replace the term "band,” as defined by the Federal Indian Act. First Nations and Métis communities are also often referred to collectively as “Aboriginal communities."

A LEGACY CLAIM is a parcel of land, including land under water, which was staked and recorded as a mining claim

The Canadian Constitution recognizes MÉTIS people as one of the three Aboriginal peoples. Historically, the term "Métis" applied to the children of French fur traders and Cree women in the Prairies and of English and Scottish traders and Dene women in the North. Today, the term is used broadly to describe people with mixed First Nations and European ancestry who identify themselves as Métis, distinct from Indian people, Inuit or non-Aboriginal people. (Many Canadians have mixed Aboriginal and non-Aboriginal ancestry, but not all identify themselves as Métis.) Note that Métis organizations in Canada have differing criteria about who qualifies as a Métis person.

A Mining Claim means the parcel of land, including land underwater, on which a mining claim is registered as a cell claim or a boundary claim

MINING LANDS include registered cell claims and boundary claims as well as lands where the mining rights are patented or leased

The MINING LANDS ADMINISTRATION SYSTEM (MLAS) is the electronic system for administering Crown lands for mining purposes and for the online registration of mining claims.

MINING RIGHTS means the right to minerals on, in or under any land.

MULTI-CELL CLAIMS are comprised of up to 25 abutting cells and can be created at the time of registration or by amalgamating up to 25 abutting cell claims which have the same mining lands holder (or if multiple holders, held in the same proportions). Boundary claims cannot be amalgamated into multi-cell claims.

ONE-KEY is a unique electronic credential that allows you to communicate securely with online Government services

THE PROVINCIAL GRID is a digital representation of the Province of Ontario, divided into 5.2 million unique cells each measuring 15 seconds latitude by 22.5 seconds longitude, or approximately 17.7 hectares in the North to 24 hectares in the South. Each cell has a unique identifying number based on the cell’s position in the grid.

REGISTRATION is the process for acquiring a mining claim that replaces the former two-step process of physically staking a claim and then having it recorded at the Provincial Recording Office. A licensed individual would access the Mining Lands Administration System (MLAS) and select a cell or cells shown as open for registration on the Provincial Grid, pay the required fee, and have those cells registered as mining claims in real time.

SECTION 51(4) The Minister may by order impose restrictions on a mining claim holder’s right to the use of portions of the surface rights of a mining claim if: a) The portions of the surface rights are on lands that meet the prescribed criteria as sites of Aboriginal cultural significance; b) Any of the prescribed circumstances apply.

A Single Cell Claim is one unique cell registered in MLAS, represented by a unique identifying number

SITE OF ABORIGINAL CULTURAL SIGNIFICANCE means a site that meets the criteria set out in the General Regulation to the Mining Act. In general, this tool is intended to deal with smaller sites that are in a fixed location and readily identifiable on a map. Sites that could be protected through this provision include, for example, burial grounds, traditional teaching sites, or ceremonial lands and pictographs. These withdrawals will be reflected in a generic way on CLAIMaps, to show that the area is not open for claim registration but to protect the sensitivity of the nature of the site and its associated information.

SURFACE RIGHTS means every right in land other than the mining rights.

SURFACE RIGHTS OWNER means, in respect of an area of land, an owner in fee simple of the land, as shown in the appropriate land registry office, who does not own the mining rights for the land.

TREATY RIGHTS are the specific rights of Aboriginal peoples embodied in the treaties they entered into with Crown governments. Crown governments were initially France or Britain, and, after Confederation, Canada. Historic treaties were often set out in writing. However, the courts have found that oral promises can also form part of a treaty and give rise to treaty rights. Matters that treaty rights often relate to include but are not limited to:

• The creation of reserves
• The payment of money
• The right of Aboriginal communities to hunt, fish and trap subject to the terms of the treaty. Treaty rights are protected under Section 35 of the Constitution Act, 1982.

A UNIT OF ASSESSMENT WORK is the amount of assessment work credits required per year per claim. For example, a unit of assessment work for a single cell claim is $400 per year.