M-13.1 - Mining Act

Section 144 Disposition versions

2019-01-01

144. The following sites and parcel of land may not be leased:

(1)  a parcel of land subject to an improvement provided for by regulation;

(2)  a parcel of land withdrawn from prospecting, mining exploration and mining operations;

(3)  a parcel of land regarding which a temporary suspension notice has been issued in accordance with section 304.1;

(4)  an outstanding geological site classified under section 305.1; and

(5)  a parcel of land used as a cemetery governed by the Funeral Operations Act (chapter A-5.02).

The Minister may refuse to grant a lease or may grant a lease subject to conditions and obligations which may concern, among other matters and despite this Act, the work required to be performed if the lease concerns a parcel of land

(1)  situated in an Indian reserve;

(2)  designated as a migratory bird sanctuary under the Migratory Birds Convention Act, 1994 (S.C. 1994, c. 22);

(3)  where the mineral substances referred to in section 6, except sand and gravel, are being mined or have been mined in the past; or

(4)  reserved to the State under section 304.

1987, c. 64, s. 144; 1988, c. 9, s. 31; 1998, c. 24, s. 66; 2013, c. 32, s. 67; 2016, c. 1, s. 132; I.N. 2019-01-15.

2015-12-31

144. The following sites and parcel of land may not be leased:

(1)  a parcel of land subject to an improvement provided for by regulation;

(2)  a parcel of land withdrawn from prospecting, mining exploration and mining operations;

(3)  a parcel of land regarding which a temporary suspension notice has been issued in accordance with section 304.1;

(4)  an outstanding geological site classified under section 305.1; and

(5)  a parcel of land used as a cemetery within the meaning of the Act respecting Roman Catholic cemetery companies (chapter C-40.1) or established as a cemetery in accordance with the Non-Catholic Cemeteries Act (chapter C-17).

The Minister may refuse to grant a lease or may grant a lease subject to conditions and obligations which may concern, among other matters and despite this Act, the work required to be performed if the lease concerns a parcel of land

(1)  situated in an Indian reserve;

(2)  designated as a migratory bird sanctuary under the Migratory Birds Convention Act, 1994 (S.C. 1994, c. 22);

(3)  where the mineral substances referred to in section 6, except sand and gravel, are being mined or have been mined in the past; or

(4)  reserved to the State under section 304.

1987, c. 64, s. 144; 1988, c. 9, s. 31; 1998, c. 24, s. 66; 2013, c. 32, s. 67.

2000-11-22

144. A lease may be granted in respect of a parcel of land to the extent that, according to section 30, paragraphs 1, 4 and 5 of section 32 and section 33 and the conditions prescribed under section 34, it is open for prospecting or staking. A lease may also be granted in respect of a parcel of land to the extent that it is open for map designation according to subparagraph 1 of the second paragraph of section 52 and subject to the conditions fixed pursuant to the third and fourth paragraphs of that section.

In no case may a lease be granted in respect of any land used as a cemetery within the meaning of the Act respecting Roman Catholic cemetery companies (chapter C-40.1) or established as a cemetery in accordance with the Non-Catholic Cemeteries Act (chapter C-17).

1987, c. 64, s. 144; 1988, c. 9, s. 31; 1998, c. 24, s. 66.

1999-10-22

144. A lease may be granted in respect of a parcel of land to the extent that, according to section 30, paragraphs 1 and 4 of section 32 and section 33 and the conditions prescribed under section 34, it is open for prospecting or staking.

In no case may a lease be granted in respect of any land used as a cemetery within the meaning of the Act respecting Roman Catholic cemetery companies (chapter C-40.1) or established as a cemetery in accordance with the Non-Catholic Cemeteries Act (chapter C-17).

1987, c. 64, s. 144; 1988, c. 9, s. 31.

1988-10-24

144. A lease may be granted in respect of a parcel of land to the extent that, according to section 30, paragraphs 1 and 4 of section 32 and section 33 and the conditions prescribed under section 34, it is open for prospecting or staking.

In no case may a lease be granted in respect of any land used as a cemetery within the meaning of the Act respecting Roman Catholic cemetery corporations (chapter C-69) or established as a cemetery in accordance with the Non-Catholic Cemeteries Act (chapter C-17).

1987, c. 64, s. 144; 1988, c. 9, s. 31.