M-13.1, r. 2 - Mining Regulation

Section 27 Disposition versions

2015-12-31

27. (Revoked).

O.C. 1042-2000, s. 27; O.C. 1065-2015, s. 17.

2012-09-01

27. The claims obtained by staking and held on parcels of land situated in a territory referred to in section 83.2 of the Act may be converted into map designated claims only if the holder of claims complies with the following conditions:

(1)  he has obtained, prior to conversion, the consent of all the holders of immovable real rights affecting the claims that are subject to the conversion and whose instruments evidencing immovable real rights were entered in the public register of real and immovable mining rights;

(2)  he has all the instruments that were amended to take into account the conversion entered in the public register of real and immovable mining rights.

If, by mistake, a claim affected by an immovable real right is converted where the holder of that right has not given his consent, the conversion shall remain nevertheless valid and the right shall be extinguished from the date of conversion.

Notwithstanding the foregoing, the person who held an immovable real right on that claim shall keep his remedy in damages if the instrument evidencing immovable real rights was entered in the public register of real and immovable mining rights and if he sustains prejudice for the loss of his right.

O.C. 1042-2000, s. 27.