Guidelines for Early Mineral Exploration in Manitoba

BMP 1 – Tenure for Early Mineral Exploration

In Manitoba, there are several ways to acquire tenure on Crown Land to obtain the mineral rights necessary to hold an area for future exploration and/or mining following subsequent approvals.

Three common forms of mineral tenure include:

Claim: A parcel of Crown mineral land that is staked out, acquired, or held as a Claim for the purpose of mineral exploration and development.

Mineral Exploration Licence: A licence issued for the purpose of exploring for minerals, other than quarry minerals, on, in or under Crown mineral land specified under the licence.

Mineral Lease: may be issued to a holder of a recorded Claim or a recorded group of claims in accordance with the Mines and Minerals Act. A Mineral Lease is required, among other approvals to commence mineral production. The holder of mineral leases are typically producing mine operations that apply for approval to conduct exploration activities on their Mineral Lease area.

NOTE: A Claim or Mineral Exploration Licence holds the land and provides exclusive mineral access rights for a defined area. Issuance of a Claim or a Mineral Exploration Licence does not grant the holder approval to conduct exploration work in the area. Any exploration work on a mineral disposition, other than Prospecting with hand tools, requires a Work Permit that authorizes proposed work to be conducted on Crown lands and permits entry upon the Crown lands for purposes of the proposed work. A Work Permit Application and supporting documents are submitted to Permit.Office@gov.mb.ca.

NOTE: Manitoba’s Integrated Mining and Quarrying System (iMaQs) is an internet-based system for certified Mines Branch clients to submit applications and manage mining and quarrying dispositions online. See the iMaQs Tutorials for assistance on completing tasks and determining if an area is available for Claim Staking or Prospecting.

Dual Land Tenure

Manitoba has a system of dual land tenure, where surface rights and mineral rights (below ground surface) can be separated and owned by different parties. As such, separate arrangements must be made with the owner(s) of private surface rights or legal occupants of Crown Land before any surface exploration activities take place. 

If the mineral disposition area is located on open Crown Land, a holder must secure approval to occupy and conduct work in the area through a Crown Land Work Permit for activity lasting less than one year. Activities planned longer than one year and involving temporary developments (e.g., a temporary camp or storage area) may require the holder to obtain a Crown Land General Permit depending on the type of use.

NOTE: Prospecting on Crown Land using only hand tools does not require a Crown Land Work Permit (outside a provincial park).

If the mineral disposition area is in a provincial park, a Provincial Park Permit issued by the appropriate Park District Office is required in order to engage in a variety of specific activities within a provincial park, including those that may damage, destroy, deface or remove an object in a provincial park, damage or alter the land, or significantly interfere with the environment in a provincial park. The list of activities requiring a permit can be found in Parks Activities Regulation (M.R. 15/2021) and includes but is not limited to;

  • Constructing private roads or trails
  • Establishing winter roads
  • Snow clearing on roads, trails or bodies of water
  • Excavating, Blasting or drilling
  • Cutting trees
  • Burning for the purpose of clearing trees or brush
  • Applying pesticide (subject to subsection 18.1(3) of the Provincial Parks Act)
  • Drilling wells
  • Installing septic systems, plumbing systems or water lines
  • Access road construction or reestablishment (a provincial park occupancy permit or Environment Act Licence may also be required)
  • Biochemical sampling
  • Camps (a provincial park occupancy permit will be required if the camps are to be in place for more than one field season)
  • Drilling
  • Fuel, material and equipment caches (a provincial park occupancy permit will be required if the cache is to be in place for more than one field season)
  • General exploration and Claim Staking (Prospecting, Trenching, soil stripping, test pits, Blasting, etc.) except for an individual who is Prospecting using only hand tools
  • Geological mapping
  • Land-based geophysical exploration (seismic, gravitational, magnetic, electrical, electromagnetic sensing)
  • Line-cutting
  • Soil and till sampling
  • Timber clearing

The Mining Board

The Mining Board is established under The Mines and Minerals Act. The primary function of the board is the arbitration of disputes between surface rights holders and mineral rights holders with respect to accessing of minerals other than oil and gas. The board can also hear and resolve disputes between holders of mineral dispositions and between holders and officers of the Department of Mineral Resources. To submit a request to the Mining Board or for questions related to the Mining Board, please contact the Office of the Mining Recorder at Mines_BR@gov.mb.ca.

Land Use Awareness

When planning an exploration program and before staking a Claim, it is important to understand the local land use and tenure to ensure the proposed area is open for Claim Staking. There are different uses for land in Manitoba and some areas restrict mineral exploration and development, these include:

  • Crown mineral land that is withdrawn by order of the minister (except where withdrawal is limited to specific minerals)
  • Land that is already governed by a mineral disposition or Lease (except where disposition or Lease is limited to specific minerals and the holder does not object)
  • Land designated as a provincial park to the extent that exploration, staking out or recording a Claim is prohibited or restricted by the Provincial Parks Act or the regulations under that Act
  • Land withdrawn under The Water Power Act
  • Land established as an ecological reserve by regulation made under The Ecological Reserves Act
  • Land that is designated for special use under The Wildlife Act to the extent that exploration, staking out or recording a Claim is prohibited or restricted by regulation under The Wildlife Act
  • Land that the Government of Canada sets aside or designates as a reserve under the Indian Act (Canada), a national park of Canada under the National Parks Act (Canada) or otherwise sets aside or designates under an Act of Parliament for a purpose falling within the exclusive jurisdiction of Parliament
  • Land that is designated for special use under The Wildlife Act to the extent that exploration, staking out or recording a Claim is prohibited or restricted by regulation under The Wildlife Act

Additional land uses and designated areas that may limit mineral exploration activity include:

Treaty Land Entitlement (TLE)

Crown Land that is selected or private land that is acquired by a First Nation for the purposes of fulfilling their Treaty Land Entitlement Settlement Agreement are not available for mineral dispositions or further dispositions.

Community Interest Zones (CIZ) / Notice Area

Under Treaty Land Entitlement Settlement Agreements, CIZ/Notice Area are defined, and formally recognized consultation areas reserved for selection by First Nations with remaining Treaty Land Entitlement land to select and acquire for the purpose of reserve creations. While a prospector may stake out mineral Claim(s) and apply for a Mineral Exploration Licence within lands identified as a CIZ/Notice Area, Manitoba provides notification to the First Nation that there has been a Claim / or Mineral Exploration Licence recorded in the CIZ/notice area so that the community has an opportunity to select the land for the purpose of reserve creation. A future Work Permit Application to conduct mineral exploration will trigger Manitoba’s Duty to Consult.

Hydro Settlement Agreement

Land transfers under various settlement agreements for the adverse affects of hydroelectric development. Mineral exploration is generally not permitted within these lands.

Heritage Resources

Heritage Resources are protected under the Manitoba Heritage Resources Act (1986). Heritage Resources include heritage sites, heritage objects or any work or assembly of works of nature or of human endeavour that is of value for its archaeological, palaeontological, pre-historic, historic, cultural, natural, scientific or aesthetic features, and may be in the form of sites or objects or a combination thereof. A Heritage Resource Impact Assessment (HRIA) may be required in advance of any ground disturbing activities.

Wildlife Management Areas

All activities that are exploitive in nature or will impact the multiple use focus of Wildlife Management Areas require a permit under the Use of Wildlife Lands Regulation. Except as otherwise provided in this regulation, no person shall, in a wildlife management area:

  • grade, gravel or clear a road or trail;
  • install or modify a stream crossing;
  • install or modify a drain, dyke, or block a manmade or natural waterway or wetland;
  • engage in haying, grazing, clearing, bulldozing, burning, fencing, logging, cultivation, mineral exploration or extraction;
  • apply pesticides; or
  • construct, place, occupy or use a building, structure or tent.

Resource Management Areas 

Resource Management Boards, comprising of equal number of appointees from government and Indigenous communities, were established to cooperatively develop and implement land use and resource management plans. Their responsibilities also include review of applications for resource allocations or dispositions and making recommendations on land and resource uses within the resource management areas. A Board may, within forty-five (45) days of referral, submit resolutions with respect to such allocations or land uses. In the absence of a resolution being submitted within the time provided, Manitoba may process the said applications for land use permits. It is recommended that the appropriate Resource Management Board is contacted for introductions and notification of any works that are planned.

Contact the Permit Office for the appropriate Resource Management Board to engage with. Proponents are encouraged to provide a presentation to the local Resource Management Board.

The Resource Management Boards are responsible for approximately 35 million acres or 22 per cent of Manitoba’s Crown Land base.

The ten existing Resource Management Boards include:

  1. Split Lake (involving Tataskweyak Cree Nation)
  2. Nelson House (involving Nisichawayasihk Cree Nation)
  3. York Factory (involving York Factory First Nation)
  4. Norway House (involving Norway House Cree Nation and Norway House Community Council)
  5. Cormorant (involving the Cormorant Community Council)
  6. Cedar Lake (involving Chemawawin First Nation and Easterville Community Council)
  7. Fox Lake (involving Fox Lake Cree Nation)
  8. Moose Lake (involving Mosakahiken Cree Nation and Moose Lake Community)
  9. Cross Lake (involving the Community of Cross Lake Community Council)
  10. OCN (involving Opaskwayak Cree Nation)

Provincial Parks 

Many Provincial Parks in Manitoba are available for Claim Staking within the land use areas categorized as Resource Management and Recreational Development. See A System Plan For Manitoba’s Provincial Parks for further details. Special conditions apply with respect to park access and the way claims can be staked as to not compromise the main purpose of the park classification. Any Claim Staking in a provincial park should follow all other BMPs related to Crown Land. The Manitoba Parks Branch within the Department of Environment and Climate Change should be contacted before staking a Claim in a provincial park at parks@gov.mb.ca.

NOTE: Exploration and mining is not permitted in a wilderness park or in an area of any other provincial park that is categorized in the Wilderness, Backcountry or Heritage land use categories.

2Planning

Before applying for a mineral disposition, a Proponent is required to hold a valid Prospecting Licence. See instructions on how to apply for an individual or company Prospecting Licence in Manitoba.

In addition, the Proponent should:

NOTE: Manitoba’s Integrated Mining and Quarrying System (iMaQs) is an internet-based system for certified Mines Branch clients to submit applications and manage mining and quarrying dispositions online. See the iMaQs Tutorials for assistance on completing tasks.

Claim Staking

A Claim provides the holder with the exclusive right to explore for minerals within the boundaries of the Claim area.

Staking a Claim in Surveyed Territory 

A Claim in Surveyed Territory is one or more legal subdivisions, or parts of legal subdivisions, that are available for staking. Generally, Surveyed Territory includes the southern region or other areas of the province that been surveyed into Sections, Townships and Ranges, or into Parish and Settlement Lots on Plans of Survey approved and confirmed by the Surveyor General of Canada or the Director of Surveys of Manitoba.

The boundaries of a Claim must coincide with the legal land survey system or with the boundaries of existing surveyed land parcels.

NOTE: Claims in Surveyed Territory do not have to be physically staked with posts.

The Application to Record a Mining Claim in Surveyed Territory can be submitted online via iMaQs.

Staking a Claim in Unsurveyed Territory 

Unsurveyed Territory includes any area of the province that is not Surveyed Territory.

The boundaries of a Claim in Unsurveyed Territory should be approximately rectangular in shape. The length cannot be greater than four times the width, and no side can be less than 400 metres in length. The area of a Claim cannot exceed 256 hectares.

NOTE: Be sure of your location on the ground before staking. Surrounding claims, lakes, rivers, streams, roads, or anything else can help locate your position and identify your location.

Cut and erect square posts at each corner of the Claim. Posts from previous claims cannot be used. A Claim is staked starting with Claim post No. 1 at the northeast corner of the Claim. The Claim is typically staked in a clockwise direction; No. 2 post at the southeast corner; No. 3 post at the southwest corner; No. 4 post at the northwest corner, finishing at post No. 1. 

Distances between posts, on any kind on land, cannot exceed 400 metres. Where a Claim boundary is greater than 400 metres between corner posts, boundary posts must be erected. Distances between boundary posts cannot be greater than 400 metres. 

The Claim boundary must be clearly marked between posts by blazing trees at frequent intervals, some cutting of underbrush, placing pickets or any other way to make the boundary easily followed. Markings from a previous Claim cannot be used. 

Claim Posts

Planted posts or trees made into posts, must be at least 1.2 metres in height and the top 50 cm. must be squared. Each squared face on a planted post shall as nearly as possible be 8 cm. wide (see example). Squared faces of a tree made into a post will be of sufficient width to write the required information on it. 

On the four corner posts, attach the metal Claim tag and write (preferably in pencil) on the side of the post facing the next corner: the number of the post; the name of the Claim (no initials or words less than three letters allowed); the name of the Claim staker; the time and date the post was located; and on the No. 1 post, the time and date you finished staking the Claim. 

On boundary posts, write (preferably in pencil) the letters “BP”; the name of the Claim; the name of the Claim staker; and the time and date the post was located. Write information on the side of the post that faces the next highest numbered corner post. When erecting boundary posts between the No. 4 and No. 1 posts, write on the side that faces the No. 1 post (see example).

If staking a group of claims with common boundaries, use one post at common locations for touching claims. Write the information for each Claim on the correct side of the post. 

A witness post is used when a corner post or intersection post cannot be put in its true location due to water or some other obstacle (see example). Place the witness post as close to its true location as possible along the Claim boundary. On these posts write “WP” as well as: the direction and distance to where the post should have been placed; the Claim name; the name of the Claim staker; time and date the post was located; and for corner posts – the post number. The writing and tag (if it is a corner post) go on the side of the post facing the direction the post should be located. 

An intersection post is used to show a change in direction of a Claim boundary between two corner posts. On these posts write “IP” and a letter of the alphabet starting with “A”, the Claim name, the name of the Claim staker, time and date the post was located.

An area of less than 16 hectares that is open for staking between two claims can be staked as a fractional Claim. Fractional claims are noted by the addition of an “F” to the Claim post inscriptions. If the fractional Claim has only three posts, Claim tag No. 4 shall be attached to the No. 1 post in the same side as Claim tag No. 1. 

Claim Tags

A Claim must have the appropriate Claim tag securely fastened to each corner post. Put the tag on the side of the post facing the next highest numbered corner post. Put the tag for the No. 4 post on the side facing the No. 1 post (see example).

There are two choices with respect to Claim tags: 

1. You can stake a Claim, record it, and then buy tags. You have one year to put the tags on the corner posts of the Claim; or 

2. You can buy your tags before staking and attach the tags to the posts as you stake.

Claim tags are available for purchase at any Recording Office. Claim tags can be used anytime and anywhere, are not transferable, and there is no refund for unused tags.

After Staking a Claim in Unsurveyed Territory 

A Claim staker has 30 days after the finishing date on the No. 1 post to record the Claim. If the Claim is not recorded in that period, the Claim will not be accepted. 

The Application to Record a Mining Claim in Unsurveyed Territory can submitted online via iMaQs and must include a Claim sketch (see example1 and example 2) with the following information on it: 

  • The position of the Claim in relation to topographical features and surrounding claims (if any)
  • The position of Claim Posts and the information written on each post
  • The distance between Claim Posts on boundary lines
  • The distance between Claim Posts and lakes, rivers, streams or other bodies of water, along boundary lines
  • The location of any major features such as buildings, roads, trails or other human-made features on or near the Claim

If more than one Claim is staked in the same area, a composite Claim sketch (see example) must be attached with the Claim applications.

All claims can be inspected by an inspector. If problems are found, a specified length of time is provided to the holder to correct. If the problems are not corrected within the specified period, the Claim may be refused or canceled. 

Annual Requirements 

Once the Claim is recorded, it remains in good standing for two years plus 60 days. If all work and reporting requirements are met, a Claim can be renewed annually for an indefinite period of time. 

The complete specifications for required work, eligible expenditures, and reporting are described in Schedule B of the Mineral Disposition and Mineral Lease Regulations and within the associated Assessment Report Guidelines. 

Reducing a Claim in Surveyed and Unsurveyed Territory 

Claims in good standing, that are larger than 16 hectares, can be reduced any time after the first anniversary of the Claim. To reduce a Claim, a holder must treat it as a new Claim and follow the appropriate staking and recording procedures for either surveyed or Unsurveyed Territory. The anniversary date for the new Claim will be the same as the original Claim being reduced. 

An Application to Reduce the Area of a Claim can be submitted online via iMaQs.

NOTE: If the application to reduce the area is made after the anniversary date, the original work commitment costs continue for the next year. 

Grouping Claims 

Grouping allows a Claim holder to apply work completed on a Claim to any one, or more, of the claims of the same group if all claims are in good standing. A Claim holder can:

  • Apply all the credits accrued on one Claim against the required work associated with several others
  • Apply credits accumulated over several years to specific claims within the group where activity does not meet the required level of work

An Application for Grouping can be applied for online via iMaQs.

Mineral Exploration Licence 

A Mineral Exploration Licence is issued for the purpose of obtaining exclusive rights to explore for minerals, other than quarry minerals, on, in or under Crown mineral land specified in the licence. The Application for a Mineral Exploration Licence is submitted online via iMaQs and must include a summary of the planned exploration program and a location map of the proposed licence area.

Manitoba is divided into three sections: Zone A, Zone B, and Claim Staking Only areas. Boundaries of these sections can be viewed on iMaQs. An Application for a Mineral Exploration Licence can be submitted for areas within Zones A and B.

NOTE: Mineral Exploration Licences cannot be applied for within areas identified as Claim Staking Only. 

Mineral Exploration Licences in the two zones have different terms and conditions: 

Zone A Licence 

Licence area ranges from 5,000 to 50,000 hectares, excluding any prior Claim, licence or Lease. A Mineral Exploration Licence in Zone A is issued for a term of three years with an option to renew for an additional three-year term if the annual work requirement for each year is achieved and a statement of expenditures and a work report is submitted annually. 

A licence can be surrendered at any time provided the work commitment for the year in which the surrender is made has been met. 

Zone B Licence 

Licence area ranges from 5,000 to 100,000 hectares, excluding any prior Claim, licence or Lease. A Mineral Exploration Licence in Zone B is issued for a term of five years with an option to renew it for an additional five-year term as long as the annual work requirement for each year is achieved and a statement of expenditures and a work report is submitted annually. A licence can be surrendered at any time provided the work commitment for the year in which the surrender is made has been met. 

The complete specifications for required work, eligible expenditures and reporting requirements are detailed in Schedule B of the Mineral Disposition and Mineral Lease Regulations and within the associated Assessment Report Guidelines. 

Reducing a Mineral Exploration Licence Area 

The size of a Mineral Exploration Licence may be reduced at any time. The licence holder must advise the Director of Mines, in writing, of their plans to reduce the area of land held. Where a cash deposit was provided for security of compliance, the deposit will be returned if all the required work and reporting requirements have been met. If the application to reduce the licence area is made after the anniversary date, the original required work costs will continue for the next year. A letter of intent to reduce a licence should be submitted to the Manitoba Mines Branch at mines_br@gov.mb.ca. 

Mineral Disposition Transfers 

Mineral disposition(s), including claims and Mineral Exploration Licences, can be transferred between individuals, companies, or individuals and companies. If the new title holder is a company, that organization must be registered to do business in Manitoba. To apply, complete a Transfer of Mineral Disposition(s) and Mineral Lease(s) application with signatures from the various authorized agents involved in the transfer and include a copy of excerpts from the company’s general by-laws demonstrating the signing authority of the officers involved in the transfer and submit to the Manitoba Mines Branch at mines_br@gov.mb.ca. 

Contacts

Economic Development, Investment, Trade and Natural Resources

Minerals, Petroleum and Geoscience Division
360-1395 Ellice Avenue, Winnipeg, Manitoba, R3G 3P2
204-945-1119
Toll free 1-800-223-5215
minesinfo@gov.mb.ca

Economic Development, Investment, Trade and Natural Resources

Lands and Planning Branch
204-945-6784
Toll free 1-800-214-6497
List of Regional Office Contacts

Environment and Climate Change

Parks Branch
204-945-6784
Toll free 1-800-214-6497
parks@gov.mb.ca

Related Acts and Regulations 

M162 – The Mines and Minerals Act
MR 64/92 – Mineral Disposition and Mineral Lease Regulation, 1992
C340 – The Crown Lands Act 
P20 – Provincial Parks Act
MR 141/96 – Park Activities Regulation
MR 77/99 – Use of Wildlife Lands Regulation