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

Section 23 Disposition versions

2015-12-31

23. Only the claims obtained by staking entered in the public register of real and immovable mining rights that do not meet any of the following conditions may be subject to a conversion of mining rights into map designated claims under subdivision 5 of Division III of Chapter III of the Act:

(1)  the claim is subject to a decision made by the Minister under paragraph 1 or 3 of section 63 of the Act which suspends its term;

(2)  the claim is subject to an order of cessation of work made by the Minister under section 82 of the Act;

(3)  the claim is subject to a decision made by the Minister under section 61 of the Act refusing its renewal;

(4)  the claim is subject to a suspension or revocation following a decision made by the Minister under section 278, 280 or 281 of the Act; or

(5)  the claim is subject to a seizure notified to the Minister, or its term is subject to a dispute.

No claim may be converted as soon as the holder is informed of the Minister’s intention to make a decision or an order referred to in subparagraph 1, 2 or 3 of the first paragraph, in accordance with section 5 of the Act respecting administrative justice (chapter J-3), or, in the case of a decision referred to in subparagraph 4 of the first paragraph, as soon as the Minister notifies in writing the holder with the prior notice prescribed by section 5 of the Act respecting administrative justice, in accordance with section 284 of the Mining Act (chapter M-13.1).

Where the decision or order made by the Minister is appealed before the Court of Québec, the prohibition remains as long as the court making a final decision has not invalidated it, where applicable. The same applies where the claim is subject to a seizure entered in the public register of real and immovable mining rights, as long as the seizure has not been cancelled by a court making a final decision, or where the term of the claim is contested as long as the Minister or, if there is an appeal, the court making a final decision has not rendered its decision.

O.C. 1042-2000, s. 23; O.C. 1065-2015, s. 15.

2012-09-01

23. Only the claims obtained by staking and the licences to explore for surface mineral substances entered in the public register of real and immovable mining rights that do not meet any of the following conditions may be subject to a conversion of mining rights into map designated claims under subdivision 5 of Division III of Chapter III of the Act:

(1)  the claim is subject to a decision made by the Minister under paragraph 1 or 3 of section 63 of the Act which suspends its term;

(2)  the claim is subject to an order of cessation of work made by the Minister under section 82 of the Act;

(3)  the claim or licence is subject to a decision made by the Minister under section 61 or 134 of the Act refusing its renewal;

(4)  the claim or licence is subject to a suspension or revocation following a decision made by the Minister under section 278, 280 or 281 of the Act; or

(5)  the claim or licence is subject to a seizure entered in the public register of real and immovable mining rights, or its term is subject to a dispute.

No claim or licence may be converted as soon as the holder of those mining rights is informed of the Minister’s intention to make a decision or an order referred to in subparagraph 1, 2 or 3 of the first paragraph, in accordance with section 5 of the Act respecting administrative justice (chapter J-3), or, in the case of a decision referred to in subparagraph 4 of the first paragraph, as soon as the Minister notifies in writing the holder of those rights with the prior notice prescribed by section 5 of the Act respecting administrative justice, in accordance with section 284 of the Mining Act (chapter M-13.1).

Where the decision or order made by the Minister is appealed before the Court of Québec, the prohibition remains as long as the court making a final decision has not invalidated it, where applicable. The same applies where the claim or licence is subject to a seizure entered in the public register of real and immovable mining rights, as long as the seizure has not been cancelled by a court making a final decision, or where the term of the claim or licence is contested as long as the Minister or, if there is an appeal, the court making a final decision has not rendered its decision.

O.C. 1042-2000, s. 23.