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How are Unpatented Mining Claims and Leases Transferred?

In Ontario, the transfers of unpatented mining claims and mining leases are regulated by the Ministry of Energy, Northern Development and Mines (the “ENDM”) in accordance with Ontario’s Mining Act (the “Act”). Under the Act, the transfer process for unpatented mining claims is self-directed, while the transfer process for mining leases requires a lawyer. Nevertheless, in all instances, claimholders and leaseholders are well advised to retain a lawyer to assist them with drafting a written agreement for the transfer, which is a necessary precondition to validate any transfer of unpatented mining claims or mining leases.

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