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If a conveyance includes both mineral and surface rights, does the conveyance require pre-approval of the ministry?

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If a conveyance includes both mineral and surface rights, does the conveyance require pre-approval of the ministry?

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Yes. Ministry pre-approval is always required for conveyances of both surface and mineral rights. The ministry must confirm that the taxable consideration for surface rights has been reasonably divided up. For further information refer to Ontario Tax Bulletin LTT 3-2004 – Land Transfer Tax Exemption For Certain Conveyances of Mineral Lands.

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