Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 04, 2022
CASE NO(S).: OLT-22-002914
(Formerly) MA 012-16
PROCEEDING COMMENCED UNDER section 64 of the Mining Act, R.S.O. 1990, c. M.14, as amended
Applicant/Requestor: Landore Resources Canada Inc.
Subject: In the Matter of a Request to remove “Pending Proceedings” from the abstracts of the unpatented mining claims administered by the Provincial Recording Office for the Minister of Northern Development, Mines, Natural Resources and Forestry entered thereon pursuant to the Order of the Mining and Lands Commissioner dated December 22, 2016, arising from proceedings before the Ontario Superior Court of Justice Divisional Court (Court File No. 209/16) between: Landore Resources Canada Inc.; Eabametoong First Nation; the Minister of Northern Development, Mines, Natural Resources and Forestry; and the Director of Exploration for the Minister of Northern Development, Mines, Natural Resources and Forestry
Mining Claims: Legacy Mining Claims TB-3010500, 3012195, 3012196, situate in the Ferguson Lake Area, 3001578 to 3001586, both inclusive, 3006070, 3010505, 3010506, 3010557, 3012191 to 3012194, both inclusive and 3012197, situate in the Frond Lake Area, 3008483, 4254161, 4254162, 4254165, 4254166, 4254168 to 4254170, both inclusive, 4254203 to 4254207, both inclusive, 4266051 to 4266053, both inclusive, 4266060 to 4266064, both inclusive, situate in the Keezhik Lake Area, 3010504, situate in the Miminiska Lake Area, 4254148, 4254151 to 4254160, both inclusive, 4254163, 4254164, 4254167, 4254841 to 4254843, both inclusive, and 4266054 to 4266058, both inclusive, situate in the North Bay Area, in the Thunder Bay Mining Division, recorded in the name of Landore Resources Canada Inc., as to a 100% interest, (hereinafter referred to as the “Landore Mining Claims”)
Cell and Boundary Mining Claims: See Schedule “A” to this Order
OLT Case No.: OLT-22-002914
Legacy Case No.: MA 012-16
OLT Case Name: Landore Resources Canada Inc. v. Eabametoong First Nation, Minister of Northern Development, Mines, Natural Resources and Forestry and the Director of Exploration for the Minister of Northern Development, Mines, Natural Resources and Forestry
Heard: In writing
APPEARANCES:
Parties
Representative
Landore Resources Canada Inc.
Michele Tuomi
DECISION DELIVERED BY G.C.P. BISHOP AND ORDER OF THE TRIBUNAL
BACKGROUND
1This Decision and Order deals with a request received from Landore Resources Canada Inc. (“Landore”) on January 18, 2022 for an Order of the Tribunal pursuant to s. 64(4.1) of the Mining Act (the “Act”) for the cancellation of the “pending proceedings” notation from the abstracts of the Landore Mining Claims. Landore also requests an exclusion of time from the time period within which work on the affected mining claim must be performed or reported, pursuant to s. 64(5) of the Act for the period of time during which the “pending proceedings” notice was in effect (collectively, the “Requests”).
2The Appearance of Landore in this Request before the Tribunal was limited to the content of the emails forwarded to the Tribunal relating to the Request.
3The initial application for an Order of Pending Proceedings in the Ontario Superior Court of Justice Divisional Court to be placed upon the abstracts for the subject Mining Claims was first received by the Office of the Mining and Lands Commissioner, being the predecessor to the Mining and Lands Tribunal, which is now the Ontario Land Tribunal, on December 21, 2016.
4The Order was granted by the Mining and Lands Commissioner pursuant to s. 64(2.2) of the Act on December 22, 2016. The Commissioner ordered that a notice of pending proceeding be noted on the abstracts of the multiple Mining Claims identified in the Order.
5The notation of “pending proceedings” was subsequently placed on the abstracts of the Landore Mining Claims pursuant to the Commissioner’s Order on December 22, 2016, to be effective nunc pro tunc as of April 29, 2016, the date when the proceedings involving the parties had commenced in the Ontario Superior Court of Justice Divisional Court (Court File No. 209/16).
6The Order of the Mining and Lands Commissioner provided that the Notice of Pending Proceeding before the Court was to remain on the abstracts of the identified Mining Claims “until such time as the aforementioned proceeding has been determined or upon application for removal from the applicant”.
7The Decision of the Honourable Justices Marrocco, Sachs and Horkins of the Divisional Court was released in Court File No. 209/16 on July 16, 2018. The Order pursuant to that Decision was subsequently entered on November 2, 2018.
8The Court allowed the application of Eabametoong First Nation and ordered that the exploration permit issued by the Director of Exploration for the Ministry of Northern Development and Mines, as it was then known, be set aside. Landore’s application for an exploration permit was ordered to be remitted back to the Director of Exploration, pending completion of adequate consultation with Eabametoong First Nation.
9On January 18, 2022, approximately three-and-a-half years after the Decision of the Court was issued, determining the proceeding, Michele Tuomi, agent on behalf of Landore, submitted a request to the Tribunal by email for an Order removing the notation of “pending proceedings” from the abstracts of the Landore Mining Claims and asking that there be an exclusion of time for the maximum duration possible, setting new “claim due dates” by which time prescribed assessment work must be performed and filed (i.e. the “Requests”).
DISCUSSION
10The Tribunal has the requisite jurisdiction to deal with this Request made by Landore pursuant to s. 64(4.1) and s. 64(5) of the Act.
11The Tribunal is satisfied that the Court has issued a final decision in the proceeding which gave rise to the original Order of the former Mining and Lands Commissioner dated December 22, 2016. Eabametoong First Nation’s application was successful, and the Divisional Court set aside the Permit previously issued by the Director of Exploration and remitted the application for an exploration permit back to the Director of Exploration pending completion of adequate consultation with Eabametoong First Nation. As such, the proceeding has accordingly been determined on a final basis and the Notice of Pending Proceedings upon the listed mining claims in the abstract is no longer required.
12With respect to the Request for the extension of time within which work on the subject mining claims is to be performed or reported, based upon an exclusion of the time period during the “pending proceedings” was in effect, the Tribunal notes that the Request for cancellation of the Notice of Pending Proceedings was not forwarded to the Tribunal by Landore for some considerable period after the Order of the Court allowing the application and determining the proceeding was made. Providing an extension equal to the entirety of the time that the Notice of Pending Proceeding has remained on the mining claims would accordingly be excessive and inappropriate.
13The Requestor has also advised the Tribunal of the immediacy of the situation and that it is ready to secure an early exploration permit to immediately permit work on the Landore Mining Claims. Time is of the essence.
14Taking into account only a part of the period of time during which the Notice of Pending Proceedings was in effect, and taking into account the effect of s. 64(5.1) of the Act, the Tribunal will, under the circumstances, accordingly exercise its discretion under s. 64(5) and will grant an exclusion of time and fix a new date of one (1) year from the date of this Order, by which time the next unit(s) of prescribed assessment work must be performed and filed on the Landore Mining Claims.
ORDER
15The Tribunal Orders that the notice of “pending proceedings”, which was recorded on the abstracts of the Landore Mining Claims listed in Schedule “A” to this Order, effective as of April 29, 2016, be, and the same are hereby, cancelled pursuant to section 64(4.1) of the Mining Act.
16The Tribunal further directs that, pursuant to section 129(4) of the Mining Act, a copy of this Order shall be forwarded to the Provincial Mining Recorder and the Recorder’s office shall, upon receipt of this Order, cancel the Notice of Pending Proceedings previously placed upon the abstracts of the Landore Mining Claims, and notify all interested persons of the cancellation in the prescribed manner pursuant to sections 64(4.1) and 64(4.2) of the Mining Act.
17The Tribunal directs that a part of the time during which the abstracts of the Landore Mining Claims were under “pending proceedings” be excluded in computing time within which work must be performed and filed pursuant to section 64(5) of the Mining Act. Upon that direction and exercising its discretion, the Tribunal orders that the date by which the next unit(s) of prescribed assessment work must be performed and filed on the Landore Mining Claims, shall be extended and set at a date one (1) year from the date of issuance of this Order of the Tribunal.
“G.C.P. Bishop”
g.c.p. bishop
ALTERNATE CHAIR
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
OLT-22-002914 – Schedule A
MINING CLAIM
NEW DUE DATE
MINING CLAIM
NEW DUE DATE
TB-3010500
April 04, 2023
TB-4254207
April 04, 2023
TB-3012195
April 04, 2023
TB-4266051
April 04, 2023
TB-3012196
April 04, 2023
TB-4266052
April 04, 2023
TB-3001578
April 04, 2023
TB-4266053
April 04, 2023
TB-3001579
April 04, 2023
TB-4266060
April 04, 2023
TB-3001580
April 04, 2023
TB-4266061
April 04, 2023
TB-3001581
April 04, 2023
TB-4266062
April 04, 2023
TB-3001582
April 04, 2023
TB-4266063
April 04, 2023
TB-3001583
April 04, 2023
TB-4266064
April 04, 2023
TB-3001584
April 04, 2023
TB-3010504
April 04, 2023
TB-3001585
April 04, 2023
TB-4254148
April 04, 2023
TB-3001586
April 04, 2023
TB-4254151
April 04, 2023
TB-3006070
April 04, 2023
TB-4254152
April 04, 2023
TB-3010505
April 04, 2023
TB-4254153
April 04, 2023
TB-3010506
April 04, 2023
TB-4254154
April 04, 2023
TB-3010557
April 04, 2023
TB-4254155
April 04, 2023
TB-3012191
April 04, 2023
TB-4254156
April 04, 2023
TB-3012192
April 04, 2023
TB-4254157
April 04, 2023
TB-3012193
April 04, 2023
TB-4254158
April 04, 2023
TB-3012194
April 04, 2023
TB-4254159
April 04, 2023
TB-3012197
April 04, 2023
TB-4254160
April 04, 2023
TB-3008483
April 04, 2023
TB-4254163
April 04, 2023
TB-4254161
April 04, 2023
TB-4254164
April 04, 2023
TB-4254162
April 04, 2023
TB-4254167
April 04, 2023
TB-4254165
April 04, 2023
TB-4254841
April 04, 2023
TB-4254166
April 04, 2023
TB-4254842
April 04, 2023
TB-4254168
April 04, 2023
TB-4254843
April 04, 2023
TB-4254169
April 04, 2023
TB-4266054
April 04, 2023
TB-4254170
April 04, 2023
TB-4266055
April 04, 2023
TB-4254203
April 04, 2023
TB-4266056
April 04, 2023
TB-4254204
April 04, 2023
TB-4266057
April 04, 2023
TB-4254205
April 04, 2023
TB-4266058
April 04, 2023
TB-4254206
April 04, 2023