M-13.1 - Mining Act

Section 347 Disposition versions

2013-12-10

347. (Repealed).

1987, c. 64, s. 347; 1988, c. 9, s. 57, s. 58; 2013, c. 32, s. 113.

1988-10-24

347. The claims, exploration permits, mining leases, exploration licences, operating leases, exploration licences for underground reservoirs, exploration licences for brine and operating leases for brine granted under the Mining Act (chapter M-13) remain in force until their expiration.

This Act is applicable to them, except that

(1)  for the first renewal of a claim after 24 October 1988, the renewal requirements provided for in the Mining Act (chapter M-13) apply, except those concerning rentals; after the first renewal the claim is considered to be newly acquired under this Act;

(2)  for the year of the term of an exploration permit, exploration licence, exploration licence for brine or exploration licence for underground reservoirs in progress at 24 October 1988, the work required shall be performed in accordance with the Mining Act (chapter M-13);

(3)  claims and exploration licences shall continue to confer on each holder the exclusive right to explore for surface mineral substances, except sand and gravel, until 24 October 1990; during this period, each holder may obtain an exclusive right over such substances by way of a licence to explore for surface mineral substances, a lease for mining surface mineral substances or, notwithstanding section 140, a mining lease, and he has a right in or over the other mineral substances conferred by the mining lease, in respect of all or part of the parcel of land subject to the claim or exploration permit; during this period, the Minister may, notwithstanding sections 131 and 142 and except for sand and gravel, refuse to issue an exploration licence for surface mineral substances or to grant a lease to mine surface mineral substances on the land subject to the claim or exploration permit;

(4)  every lessee under a mining lease granted before 24 October 1988 is required to perform mining operations during at least one-tenth of the term of the lease for the first renewal occurring after that date;

(5)  every lessee under a mining lease granted before 24 October 1988 or under a mining lease contemplated in subparagraph 3 shall retain an exclusive right to surface mineral substances except sand and gravel; such mining leases shall be renewed in the same manner as mining leases issued under this Act and the lessee shall retain an exclusive right to surface mineral substances;

(6)  every lessee under a mining lease granted under the Mining Act (chapter M-13) may, until 24 October 1989, obtain from the Minister an increase in the area of his mining lease in accordance with section 145 of this Act;

(7)  seabed mining claims and leases are governed by this Act and are renewed under its authority as if they did not pertain to seabed mining;

(8)  where mining operations are begun or resumed following an interruption of six months or more after 24 October 1988 but before 23 December 1988, the notice provided for in section 224 of this Act must be transmitted to the Minister within 10 days after the beginning or resumption of the mining operations.

1987, c. 64, s. 347; 1988, c. 9, s. 57, s. 58.