M-13.1 - Mining Act

Section 142.1 Disposition versions

2020-06-05

142.1. No person may apply for an exclusive lease to mine surface mineral substances on a parcel of land that is subject to a claim the registration of which has been refused or to an abandoned, revoked, unrenewed or expired claim, before the lapse of the time fixed in the first paragraph of section 38.

However, 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, apply for an exclusive lease to mine surface mineral substances, on his own behalf, on 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.

This section does not apply to an application for an exclusive lease to mine surface mineral substances that concerns only the mining of a surface mineral substance referred to in paragraph 2 of section 64 that is excluded from the exclusive right to explore for mineral substances granted to the holder under the claim.

1998, c. 24, s. 65; 2003, c. 15, s. 23; 2013, c. 32, s. 66; 2020, c. 12, s. 144.

2013-12-10

142.1. No person may apply for an exclusive lease to mine surface mineral substances on a parcel of land that is subject to a claim the registration of which has been refused or to an abandoned, revoked, unrenewed or expired claim, before the lapse of the time fixed in the first paragraph of section 38.

However, 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, apply for an exclusive lease to mine surface mineral substances, on his own behalf, on 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 an appeal 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.

This section does not apply to an application for an exclusive lease to mine surface mineral substances that concerns only the mining of a surface mineral substance referred to in paragraph 2 of section 64 that is excluded from the exclusive right to explore for mineral substances granted to the holder under the claim.

1998, c. 24, s. 65; 2003, c. 15, s. 23; 2013, c. 32, s. 66.

2003-12-18

142.1. No person may apply for an exclusive lease to mine surface mineral substances on a parcel of land that is subject to a claim the registration of which has been refused or to an abandoned, revoked, unrenewed or expired claim, before the lapse of the time fixed in the first paragraph of section 38.

However, 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, apply for an exclusive lease to mine surface mineral substances, on his own behalf, on 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 an appeal 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.

This section does not apply to an application for an exclusive lease to mine surface mineral substances on a parcel of land subject to a licence to explore for surface mineral substances held by the applicant, or to an application that concerns only the mining of a surface mineral substance referred to in paragraph 2 of section 64 that is excluded from the exclusive right to explore for mineral substances granted to the holder under the claim.

1998, c. 24, s. 65; 2003, c. 15, s. 23.

2000-11-22

142.1. No person may apply for an exclusive lease to mine surface mineral substances on a parcel of land that is subject to a claim the registration of which has been refused or to an abandoned, revoked, unrenewed or expired claim, before the lapse of the time fixed in the first paragraph of section 38.

However, 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, apply for an exclusive lease to mine surface mineral substances, on his own behalf, on the parcel of land that was subject thereto before an additional 30-day period.

Where the interested person withdraws an appeal 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.

This section does not apply to an application for an exclusive lease to mine surface mineral substances on a parcel of land subject to a licence to explore for surface mineral substances held by the applicant, or to an application that concerns only the mining of a surface mineral substance referred to in paragraph 2 of section 64 that is excluded from the exclusive right to explore for mineral substances granted to the holder under the claim.

1998, c. 24, s. 65.