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M-13.1 - Mining Act
Section 194.2
Disposition versions
194.2. (Repealed).
1998, c. 24, s. 95; I.N. 2016-01-01 (NCCP); 2016, c. 352016, c. 35, s. 23.
194.2. The Minister may cancel an authorization to produce brine where a lease relating to the production of mineral substances or the operation of an underground reservoir on the land for which the authorization was granted is entered into by the Minister.
The holder of the lease shall, where applicable, pay compensation to the person whose authorization is cancelled, calculated on the basis of the investments made for brine production, as well as a lump sum payment equal to the difference between the average annual well head value for the period prior to cancellation and the average annual payment paid pursuant to section 204 during that period, multiplied by the number of years of operation lost by reason of the cancellation. Failing agreement concerning the amount of compensation, it shall be fixed by the court having jurisdiction. An application for the fixing of compensation is heard and decided by preference.
194.2. The Minister may cancel an authorization to produce brine where a lease relating to the production of mineral substances or the operation of an underground reservoir on the land for which the authorization was granted is entered into by the Minister.
The holder of the lease shall, where applicable, pay compensation to the person whose authorization is cancelled, calculated on the basis of the investments made for brine production, as well as a lump sum payment equal to the difference between the average annual well head value for the period prior to cancellation and the average annual payment paid pursuant to section 204 during that period, multiplied by the number of years of operation lost by reason of the cancellation. Failing agreement concerning the amount of compensation, it shall be fixed by the court having jurisdiction. An application for the fixing of compensation is introduced by motion; it is heard and decided by preference.
