We have been undergoing a review of Ontario's Mining Act in the last while. Here is a link of the Mining Act.

http://www.e-laws.gov.on.ca/html/sta...

This is an interesting quote from the above:

Lands used or occupied as gardens, etc.

32. (1)Although the mines or minerals therein have been reserved to the Crown, no person shall prospect for minerals or stake out a mining claim upon the part of a lot that is used as a garden, orchard, vineyard, nursery, plantation or pleasure ground, or upon which crops that may be damaged by such prospecting are growing, or on the part of a lot upon which is situated a spring, artificial reservoir, dam or waterworks, or a dwelling house, outhouse, manufactory, public building, church or cemetery, except with the consent of the owner, lessee, purchaser or locatee of the surface rights, or by order of the recorder or the Commissioner, and upon such terms as to the Commissioner seem just. R.S.O. 1990, c. M.14, s. 32 (1).