Mining Process

For more information, please review of our Appeal Guide.

• Filing an Appeal
• Hearings
• Pre-hearing Conference and Mediation
  

Note: Documents you submit to the Tribunal are available to the public on request subject to limited exceptions.

Filing an Appeal  

To file an application or appeal of a decision, you need to file the OLT’s appeal form and outline your case under the: 

• Mining Act 
• Conservation Authorities Act 
• Oil, Gas and Salt Resources Act 
• Aggregate Resources Act 
• Lakes and Rivers Improvement Act 
• Assessment Act 

Once your notice is received, a “Direction to File” may be issued.  

A Direction to File requires the parties to file their evidence with both the OLT and with the party or parties in opposition. The evidence includes all materials which are to be relied upon if the matter proceeds to a hearing (e.g. written statements of witnesses and experts, official records, documents, maps, resumes, photographs, correspondence, or any other documentary materials). Direction to File will also provide deadlines for filing documentation. 

When in doubt, include a document or at least provide a list of documents allowing the opposing party or the OLT to decide whether that document will also be needed. 

Please do not attend a hearing without filing everything you intend to rely on. While the decision-maker may allow you to file additional documents, the opposite party may not be prepared to respond. As a result, the proceedings may have to be adjourned. 

• OLT Appeal Form 

Note: Documents you submit to the Tribunal are available to the public on request subject to limited exceptions. 

Case Management Conferences & Mediation 

Case Management Conference (CMC) 

The OLT may direct the parties to a proceeding to participate in a case management conference (CMC) prior to a hearing, for the following purposes: 

• To identify additional parties to the proceeding. 
• To identify, define or narrow the issues raised in the proceeding. 
• To identify facts or evidence that may be agreed on by the parties. 
• To provide directions for disclosure of information. 
• To discuss opportunities for resolving one or more issues in the proceeding, including the possible use of mediation or other dispute resolution processes. 
• To establish dates by which any steps in the proceeding are to be taken or begun. 
• To determine the length and schedule of a hearing, if any, and the manner of conducting it. 
• To determine the order of presentation of submissions. 
• To deal with any other matter that may assist in the fair, just and expeditious resolution of the issues. 

Note: Documents you submit to the Tribunal are available to the public on request subject to limited exceptions. 

Many applications and appeals are settled at the CMC stage and may then be formalized by an Order of the Tribunal. 

Mediation 

Mediation may be requested by the parties to address any issue raised in the proceeding. If the OLT grants the request, a date for mediation will be set. If the mediation is successful, your matter will be either dismissed or granted on consent, with or without conditions. If the mediation is not successful, the matter will proceed to a hearing. 

Hearings 

During a hearing, you will be expected to present your case. You will also have an opportunity to cross-examine anyone who is giving evidence for the other party or parties. Following the CMC, the OLT may issue an order to establish and direct the procedure at a hearing in order to ensure the issues in dispute are disposed of in the most fair, just, expeditious and cost-effective manner. 

Note: Documents you submit to the Tribunal are available to the public on request subject to limited exceptions. 

The OLT will establish and direct the procedure at a hearing. Typically, a hearing will usually be organized as follows: 

1. Each party will give a short opening statement to inform the OLT and the other party or parties in opposition what their case is about. 
2. If you are the applicant or appellant, you will usually present first and start with what is known as “direct examination” of you and/or your witness(es). This is your opportunity to present your case. 
3. Once the direct examination is completed, you and/or your witnesses will then be “cross examined” by the party in opposition. This involves the other party asking questions of you about the issue(s) in dispute. 
4. After cross-examination, further questions of clarification may only be asked by the original person asking questions. This is called “re-direct examination”. 
5. After your witnesses have been examined and cross-examined, the same process will be afforded to the other parties (i.e. steps 2, 3, and 4 are repeated until each party has the opportunity to present a case in direct examination, cross-examination and re-direct). 
6. Finally, during the last stage of the hearing, each party will present their “final argument” which is a summary of their case, what they attempted to prove and the way they would like the OLT to rule. 

Throughout the process, the OLT member may also ask questions. 

It is very important that you listen to any directions that may be provided, from time to time, by the OLT member. You are encouraged to ask questions of clarification, should the need arise, and to answer questions directly and clearly. 

You can represent yourself at the hearing, or you can hire a lawyer or agent to represent you.  

Decision 

You will receive a signed copy of the final decision with reasons. The length of time it takes for the OLT to issue the decision will depend on a number of factors, including the complexity of your case. 

The OLT’s decision can be reviewed by the Tribunal in accordance with its Rules.  Decisions can also be appealed to the Ontario Superior Court of Justice. Your appeal must be filed within 30 days of the decision date.