38. No person may stake or designate on a map any land that is subject to a claim the registration of which has been refused or an abandoned, revoked, unrenewed or expired claim, before 7:00 a.m. in the case of staking, or before 9:00 a.m. in the case of map designation, on the thirty-first day after, as the case may be, the date on which the refusal to register or to renew or the revocation of the claim became enforceable, after the date of registration of the abandonment by the registrar or after the date of expiry.
Notwithstanding the first paragraph, in no case may the holder of the abandoned, revoked, unrenewed or expired claim or any person who had an interest therein, or any person whose application for the registration of a claim has been refused, stake or designate on a map, on his own behalf, the parcel of land that was subject thereto before an additional 30-day period.
For the purposes of the second paragraph, a natural person, the person’s representatives and their employees or, in the case of a legal person, the legal person, its subsidiaries and their directors, executives, representatives and employees are deemed to constitute a single person.
Where the interested person withdraws a contestation relating to a refusal to register, a refusal to authorize work, a refusal to renew or a revocation, the period begins to run from the day a notice of discontinuance is filed in the office of the Court of Québec.
1987, c. 64, s. 38; 1988, c. 21, s. 66; 1998, c. 24, s. 17; 2003, c. 15, s. 4; 2013, c. 32, s. 15; 2020, c. 12, s. 14417.