M-13.1, r. 2 - Regulation respecting mineral substances other than petroleum, natural gas and brine

Section 119 Disposition versions

2013-08-22

119. The purpose of the irrevocable and unconditional letter of credit provided for in subparagraph 4 of the first paragraph of section 115, of the security or guarantee policy provided for in subparagraph 5 of the first paragraph of that section is to guarantee payment of the cost of the work where the requirements of sections 232.1 to 232.10 of the Act are not met. The contract shall have a term of at least 12 months and shall include clauses providing that:

(1)  in the case of non-renewal, termination, revocation or cancellation, the guarantor shall notify the Minister at least 60 days before the date fixed for the expiry, termination, revocation or cancellation of the guarantee;

(2)  in the case of non-renewal, termination, revocation or cancellation, the guarantor remains responsible, where the requirements of sections 232.1 to 232.10 of the Act are not met, for the payment of the cost of the work involved in mining operations carried out before the date of expiry, termination, non-renewal or revocation up to the amount covered by the letter of credit, the security or guarantee policy. That responsibility shall hold until the issue of a certificate of release provided for in section 232.10 of the Act, unless the person in question has deposited an alternative guarantee or the guarantor has deposited the amount covered by the letter of credit, the security or guarantee policy in a trust that complies with this Regulation where the Minister of Finance and the guarantor are joint beneficiaries;

(3)  where applicable, the obligation is solidary, with a waiver of the benefits of discussion and division;

(4)  the guarantor consents to the Minister’s being able at any time after the sending of a notice of 60 days to make changes to the rehabilitation and restoration plan and waives pleading against the Minister any ground of defence pertaining to the content of the plan;

(5)  where section 232.8 of the Act applies, payment of the guarantee is exigible at the Minister’s request;

(6)  in the case of dispute, the courts of Québec are the sole competent courts.

The person referred to in section 232.1 of the Act shall submit to the Minister a certified copy of the original contract.

O.C. 1042-2000, s. 119; O.C. 838-2013, s. 4.

2012-09-01

119. The purpose of the irrevocable and unconditional letter of credit provided for in subparagraph 4 of the first paragraph of section 115, of the security or guarantee policy provided for in subparagraph 5 of the first paragraph of that section and of the security provided for in subparagraph 6 of the first paragraph of that section is to guarantee payment of the cost of the work where the requirements of sections 232.1 to 232.10 of the Act are not met. The contract shall have a term of at least 12 months and shall include clauses providing that:

(1)  in the case of non-renewal, termination, revocation or cancellation, the guarantor shall notify the Minister at least 60 days before the date fixed for the expiry, termination, revocation or cancellation of the guarantee;

(2)  in the case of non-renewal, termination, revocation or cancellation, the guarantor remains responsible, where the requirements of sections 232.1 to 232.10 of the Act are not met, for the payment of the cost of the work involved in mining operations carried out before the date of expiry, termination, non-renewal or revocation up to the amount covered by the letter of credit, the security or guarantee policy. That responsibility shall hold until the issue of a certificate of release provided for in section 232.10 of the Act, unless the person in question has deposited an alternative guarantee or the guarantor has deposited the amount covered by the letter of credit, the security or guarantee policy in a trust that complies with this Regulation where the Minister of Finance and the guarantor are joint beneficiaries;

(3)  where applicable, the obligation is solidary, with a waiver of the benefits of discussion and division;

(4)  the guarantor consents to the Minister’s being able at any time after the sending of a notice of 60 days to make changes to the rehabilitation and restoration plan and waives pleading against the Minister any ground of defence pertaining to the content of the plan;

(5)  where section 232.8 of the Act applies, payment of the guarantee is exigible at the Minister’s request;

(6)  in the case of dispute, the courts of Québec are the sole competent courts.

The person referred to in section 232.1 of the Act shall submit to the Minister a certified copy of the original contract.

O.C. 1042-2000, s. 119.