M-13 - Mining Act

Section 129 Disposition versions

1983-12-22

129. Every transfer of a surface right made before 1 January 1971 by emphyteutic lease on any mining concession shall be deemed a sale pure and simple.

Contractual clauses inconsistent with the preceding paragraph shall be deemed null and not written except those involving for the lessee the obligation to pay a sum of money. However, the hypothec securing the payment of the sum of money is extinguished. The hypothec is cancelled upon the filing of an application therefor, in authentic form en minute, made by any interested person.

When a surface right in a mining concession has been transferred by a deed of sale, every clause respecting a right of repossession, every clause waiving liability for damage sustained in consequence of the carrying out of mining work and every clause granting to the holder of a mining concession more rights with respect to the surface owner than those relating to the mining operations and granted to him by this act shall be deemed not written in such deed.

1970, c. 27, s. 26; 1977, c. 31, s. 13; 1983, c. 54, s. 50.

1977-12-31

129. Every transfer of a surface right made before 1 January 1971 by emphyteutic lease on any mining concession shall be deemed a sale pure and simple.

Contractual clauses inconsistent with the preceding paragraph shall be deemed null and not written except those involving for the lessee the obligation to pay a sum of money.

When a surface right in a mining concession has been transferred by a deed of sale, every clause respecting a right of repossession, every clause waiving liability for damage sustained in consequence of the carrying out of mining work and every clause granting to the holder of a mining concession more rights with respect to the surface owner than those relating to the mining operations and granted to him by this act shall be deemed not written in such deed.

1970, c. 27, s. 26; 1977, c. 31, s. 13.