Mineral Rights and Patterson Lake
This information is not intended to replace legal advice. Consult your lawyer with any questions.
This can be a complicated issue and this general information may not apply to your case.
Again, check with your lawyer.
May 1, 2009. For the latest changes, please go to the Ontario website:
2009 Mining Act Changes.
It may be the end of a long battle for Southern Ontario property owners. It looks like surface rights owners will prevail over mineral
rights owners. HOWEVER, IT IS NOT LAW YET.
The following information is intended for the property owners of Patterson Lake, Lanark Highlands
If you are curious about your mineral rights, here is some general information you might find helpful.
The possiblities include:
- The surface rights owner owns the mineral rights.
- The surface rights owner owns the mineral rights but the title does not show this.
- The surface rights owner does not own the mineral rights, someone kept them when
they sold the surface rights. (e.g. a quarry, etc)
What you can do to find out more information.
- Visit the Land Registry office in Almonte across the street from Tim Hortons. Pick out
the book for your lot and concession (to look at these books is free). Ask them to photocopy
it back to the first entry (1800’s). Take money for photocopying. Take it home and find your glasses!!
Check out the last column looking for any reference to mineral rights. The recent title is now
electronic and will cost $8.00 to get a copy. (196ish onward).
- If there is no mention of mineral rights they may never have been separated from the surface rights
and the surface rights owner may have them. You might want to check out the original patent to
be sure. (this costs money, see below) and/or check with your lawyer.
- If you are at Lot 14 concession 5 or 7 your lands were originally owned by the Canada Company
They sold the land to Mr. Fair and others without the mineral rights. The good news is in 1997
the government gave the mineral rights back to the surface owner. The problem is this is not
registered on your title. When you check your title in 1964 there is a notice of claim which may
make you think you don’t have the mineral rights.
- Bulletin Number 99004 from the Ministry of Consumer and Commercial Relations tells you how to
register your mineral rights back onto your title. If you have copied all the info back to
1800 at the Land Registry office you have most of the instrument numbers you need.
The covering letter and the Bulletin, noted above, are:
Covering Letter, Bulletin Page 1, and
Bulletin Page 2
Ask your lawyer if they want and need a notorized copy of the original patent. There is no
instrument number for the first entry on the title and they may need the patent. The patent
describes all the rights that were with the land the first time it was sold.
This is available from the Crown patent office in Peterbourgh. (address below). This costs money.
Since this is for the whole lot and concession you could get together with all your neighbours
and share this.
You will then need a lawyer to register this as it must now be done electronically.
Registering your mineral rights may or may not be beneficial and may or may not
be worth the money.
This is general information only. Consult your lawyer with any questions.
The Ministry Northen Development and Mines provides a searchable Claim Map
on the Internet. It may take a while to get to Patterson Lake but it is
worth it. Use the tools on the left their screen for grabbing, zooming, and displaying claims.
If you get lost, start again.
For the Patent
Crown Land Registry
Ministry of Natural Resources
300 Water St
PO Box 7000
Peterborough, ON K9J 8M5
Mining Lands Section
The function of this Department is to oversee the staking of claims on
Crown Land. It is really aimed at prospectors. Part of this is the
ClaimMap noted above.
On the point near MacCrimmon Bay (Lot 13 Concession 6), there is an alienation listed
which says “Description – 400 ft surface rights reservation around all lakes
and rivers”. Now this sounds hopeful for property owners, but it not. It does apply to Crown
Lands, but not to all lands. It comes back to finding out who owns the
mineral rights on your property.