M-13 - Mining Act

Section 239 Disposition versions

1982-09-15

239. The revocation does not apply

(1)  to mining rights on land in which a deposit in operation on 6 May 1982 is situated;

(2)  to mining rights on land in which an ore deposit is situated constituting a reserve necessary to secure the continuity of a mining, petroleum or gas undertaking carried on in Québec on 6 May 1982, provided that such rights are held by the operator of such undertaking and that he establishes that there are reasonable indications of a mineral deposit which can be economically developed;

(3)  to mining rights that are covered by an option, a lease or a promise of sale on 6 May 1982.

1965 (1st sess.), c. 34, s. 211; 1982, c. 27, s. 8.

1977-12-31

239. Every owner of land granted before the 24th of July 1880 whose mining rights have been revoked shall receive, by way of compensation, an annual royalty of five per cent of the profits resulting from the exercise of such rights.

In computing such royalty, the profits shall be established in the same manner as for the computation of mining duties but without deducting allowances for development and for the treatment of ore.

Such royalty shall be payable by the operator, but shall be collected by the Minister at the same time as the duties payable to the Crown for the same fiscal year.

1965 (1st sess.), c. 34, s. 211.