M-13.1 - Mining Act

Section 148 Disposition versions

2013-12-10

148. The term of an exclusive lease fixed by the Minister may not exceed 10 years. The Minister shall fix the term of the lease on the basis of the anticipated duration of the activities to which the application for extraction or mining pertains. However, the term of an exclusive lease to produce peat is 15 years.

The Minister shall renew an exclusive lease, no more than twice, for five-year periods, provided the lessee

(1)  applies therefor 60 days or more before the expiry of the lease or, on payment of an additional amount prescribed by regulation, within 60 days before the expiry of the lease;

(2)  has carried on mining operations for at least 1/5 of the term of his lease;

(3)  has paid the rental prescribed by regulation;

(4)  has complied with this Act and the regulations throughout the previous term of his lease;

(5)  has met any other renewal requirement prescribed by regulation.

Notwithstanding the foregoing, an exclusive lease for the production of peat shall be renewed for a period of 15 years.

After the second renewal of the lease, the Minister may grant 5-year extensions or, in the case of a peat lease, 15-year extensions.

Upon renewing an exclusive lease for the extraction or mining of sand, gravel, common clay or mineral substances found in their natural state as a loose deposit, the Minister may alter the area covered by the lease if he considers it necessary in order to reserve an area of land to guarantee the supply required for the purposes of non-exclusive leases which may be granted subsequently, provided the alteration does not, during the period of renewal of the exclusive lease, adversely affect the carrying on of the activity of the lessee under an exclusive lease.

The renewal shall be refused for the extraction or mining of sand, gravel, common clay or mineral substances found in their natural state as a loose deposit where the Minister is of opinion that the supply guarantee is no longer necessary for the carrying on of the activity to which the application for extraction or mining pertains.

1987, c. 64, s. 148; 1990, c. 36, s. 8; 1998, c. 24, s. 69; 2013, c. 32, s. 69.

2000-11-22

148. The term of an exclusive lease fixed by the Minister may not exceed 10 years. The Minister shall fix the term of the lease on the basis of the anticipated duration of the activities to which the application for extraction or mining pertains. However, the term of an exclusive lease to produce peat is 15 years.

The Minister shall renew an exclusive lease, by mere notice, for a term not exceeding five years, provided the lessee

(1)  applies therefor 60 days or more before the expiry of the lease or, on payment of an additional amount prescribed by regulation, within 60 days before the expiry of the lease;

(2)  has carried on mining operations for at least 1/5 of the term of his lease;

(3)  has paid the rental prescribed by regulation;

(4)  has complied with this Act and the regulations throughout the previous term of his lease;

(5)  has met any other renewal requirement prescribed by regulation.

Notwithstanding the foregoing, an exclusive lease for the production of peat shall be renewed for a period of 15 years.

Upon renewing an exclusive lease for the extraction or mining of sand, gravel, common clay or mineral substances found in their natural state as a loose deposit, the Minister may alter the area covered by the lease if he considers it necessary in order to reserve an area of land to guarantee the supply required for the purposes of non-exclusive leases which may be granted subsequently, provided the alteration does not, during the period of renewal of the exclusive lease, adversely affect the carrying on of the activity of the lessee under an exclusive lease.

The renewal shall be refused for the extraction or mining of sand, gravel, common clay or mineral substances found in their natural state as a loose deposit where the Minister is of opinion that the supply guarantee is no longer necessary for the carrying on of the activity to which the application for extraction or mining pertains.

1987, c. 64, s. 148; 1990, c. 36, s. 8; 1998, c. 24, s. 69.

1999-04-01

148. The term of an exclusive lease, as fixed by the Minister, shall not exceed five years. However, the term of an exclusive lease to produce peat is fifteen years.

The Minister shall renew an exclusive lease for a term not exceeding five years, provided the lessee

(1)  applies therefor 60 days or more before the expiry of the lease or, on payment of an additional amount prescribed by regulation, within 60 days before the expiry of the lease;

(2)  has carried on mining operations for at least one-fifth of the term of his lease;

(3)  has paid the rental prescribed by regulation;

(4)  has complied with this Act and the regulations throughout the previous term of his lease;

(5)  has met any other renewal requirement prescribed by regulation.

Notwithstanding the foregoing, an exclusive lease for the production of peat shall be renewed for a period of fifteen years.

Upon renewing an exclusive lease for the extraction or mining of sand, gravel or common clay, the Minister may alter the area covered by the lease if he considers it necessary in order to reserve an area of land to guarantee the supply required for the purposes of non-exclusive leases which may be granted subsequently, provided the alteration does not, during the period of renewal of the exclusive lease, adversely affect the carrying on of the industrial activity of the lessee under an exclusive lease.

The renewal shall be refused for the extraction or mining of sand, gravel and common clay where the Minister is of opinion that the supply guarantee is no longer necessary for the carrying on of an industrial activity.

1987, c. 64, s. 148; 1990, c. 36, s. 8.

1988-10-24

148. The term of an exclusive lease is five years. However, the term of an exclusive lease to produce peat is fifteen years.

The Minister shall renew an exclusive lease for the same term, provided the lessee

(1)  applies therefor 60 days or more before the expiry of the lease or, on payment of an additional amount prescribed by regulation, within 60 days before the expiry of the lease;

(2)  has carried on mining operations for at least one year;

(3)  has paid the rental prescribed by regulation;

(4)  has complied with this Act and the regulations throughout the previous term of his lease;

(5)  has met any other renewal requirement prescribed by regulation.

Notwithstanding the foregoing, the renewal shall be refused for the extraction or mining of sand, gravel and common clay where the Minister is of opinion that the supply guarantee is no longer necessary for the carrying on of an industrial activity.

1987, c. 64, s. 148.