Do I own the mineral rights when I buy land in Ontario?

In Ontario, the Crown (the provincial government) retains ownership of most subsurface mineral rights even when land is sold to a private buyer. This means that when you purchase a property, you generally receive ownership of the surface and everything built on it, but the mineral resources beneath the surface — including oil, gas, salt, metallic minerals, and peat — typically remain Crown property.

The Mining Act regulates exploration and extraction of Crown minerals. A mining company or prospector can obtain a mining claim or exploration licence from the government that allows them to access private land to explore for minerals, subject to notice and accommodation requirements. This can come as a surprise to rural landowners who discover that their surface ownership does not prevent mineral exploration.

Some older parcels of land may have had mineral rights severed from the surface rights through historical patents or dispositions, so it is possible — though less common — for mineral rights to be held by a private party other than the surface owner. A review of title documents and Crown land records can clarify the status.

Aggregate resources (sand, gravel, stone) are governed separately under the Aggregate Resources Act. Before buying land where extraction might be relevant, have a lawyer confirm what rights are included in the title.