M-13.1 - Mining Act

Section 41 Disposition versions

2000-11-22

41. (Repealed).

1987, c. 64, s. 41; 1998, c. 24, s. 18.

1988-10-24

41. In a lot of 500 hectares or less situated in a township or seigniory or in a block that was previously subject to a mining lease or mining concession, the area of the land staked or designated on a map must cover an entire lot or block according to the original survey or, failing that, according to the cadastre, unless the land consists of

(1)  the total residual area, not exceeding 50 hectares, of several parts of contiguous lots or of the residual area of a single lot, and unless part of the lots or lot is already subject to a mining lease or mining concession or is under a restriction mentioned in sections 30 to 33;

(2)  several contiguous whole lots of a total area not in excess of 50 hectares.

In the last two cases, the sides of the parcel of land must follow the lines of the original survey or, failing that, the lines of the cadastre, unless the Minister decides otherwise.

If part of the land staked or designated on a map is covered by a stretch of water or encumbered by a right of way, the claim includes the stretch of water or the right of way.

If a strip of land situated at the limit of a lot with cadastral survey is encumbered by a right of way, the land staked or designated on a map that is situated on the lot includes the adjacent half of that strip of land.

If a lot of irregular shape is bounded by a river or a stretch of water, the staker may extend underwater, by witness posts on the shore, the sides of the claim, so as to give it the area and shape that the lot would have had, if it had not bordered on a river or stretch of water.

1987, c. 64, s. 41.