OMLT 2018

The appellant appealed the cancellation of 18 mining claims by the Ministry of Energy, Northern Development and Mines.

The claims were cancelled because the lands were not legally open for mining claim registration at the time of registration.

The Tribunal issued a notice of intent to dismiss the appeal for lack of jurisdiction and provided the appellant an opportunity to make written submissions.

The appellant did not file any submissions.

The Tribunal dismissed the appeal without a hearing pursuant to section 4.6(1)(b) of the Statutory Powers Procedure Act and Rule 8 of the Tribunal's Procedural Rules, finding it lacked jurisdiction because there were no legally existing mining claims to register.

The applicant proposed a dam and hydroelectric facility, which the Minister intended to refuse.

The applicant requested an inquiry under the Lakes and Rivers Improvement Act.

The Ontario Waterpower Association (OWA) sought to be added as a party to the inquiry, arguing the decision would set a precedent for the waterpower industry.

The Inquiry Officers denied the request, finding that a concern about potential precedential effect is insufficient to establish a 'direct interest' as required by the Act.