M-13.1 - Mining Act

Section 142.0.2 Disposition versions

2024-11-29

142.0.2. The Minister may, to enable prioritization or conciliation of land uses, in particular for agricultural purposes, and of land preservation, or for a public interest reason, in particular to prevent or limit impacts on local and Indigenous communities,

(1)  refuse an application for a lease or its renewal;

(2)  make the granting or the renewal of a lease subject to conditions and obligations the Minister determines;

(3)  grant a lease for a smaller area than the one applied for; or

(4)  terminate a lease or reduce the area subject to it.

Where the Minister terminates a lease in accordance with subparagraph 4 of the first paragraph, he shall grant the lease holder a lease in respect of another parcel of land. Failing that, the Minister shall pay to the holder compensation equal to the amounts spent for the work performed on the land.

No lease in respect of another parcel of land may be granted before, where applicable, the ministerial authorization provided for in section 22 of the Environment Quality Act (chapter Q-2) has been obtained or the declaration of compliance provided for in section 31.0.6 of that Act has been filed.

2013, c. 32, s. 65; 2024, c. 36, s. 65.

2013-12-10

142.0.2. The Minister may, at any time and in the public interest, terminate a lease to mine sand, gravel or stone. In such a case, the Minister shall grant the lease holder a lease in respect of another parcel of land. Failing that, the Minister shall compensate the holder for the loss suffered.

The Minister may reduce the leased area for the same reasons and subject to the same conditions.

2013, c. 32, s. 65.