m-13.1 - Mining Act

À jour au 21 décembre 2007

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chapter M-13.1

Mining Act

CHAPTER I APPLICATION AND INTERPRETATION

1. In this Act,

“brine” means any natural aqueous solution containing more than 4% by weight of dissolved solids;

“mineral substances” means natural mineral substances in solid, gaseous or liquid form, except water, and fossilized organic matter;

“natural gas” means all hydrocarbons and other substances which can be extracted from the ground in gaseous form;

“outstanding geological site” means land whose geological, geomorphic, landscape or biological characteristics are of educational value, or of interest for scientific research or conservation purposes, and that deserves to be protected, in particular because it is threatened, rare or vulnerable;

“petroleum” means crude oil and other hydrocarbons which can be extracted from the ground in liquid form;

“to prospect” means to examine a territory for the purpose of searching for mineral substances without holding real and immovable mining rights in respect of the territory searched, except in the case of an exploration licence or a lease to produce petroleum, natural gas or brine or to operate an underground reservoir;

“surface mineral substances” means peat; sand including silica sand; gravel; limestone; calcite; dolomite; common clay and argillaceous rocks used in the manufacture of clay products; all types of rocks used as dimension stone, crushed stone or silica ore or in the making of cement; and every mineral substance that is found in its natural state as a loose deposit, except the tilth, as well as inert mine tailings, where such substances and tailings are used for construction purposes, for the manufacture of construction materials, or for the improvement of soils ;

“tailings” means rejected mineral substances, sludge and water, except the final effluent, from extraction operations and ore treatment, and slag from pyrometallurgy operations;

“well head value” means the average retail price, excluding all taxes less the average transportation costs from the well to the retail outlets, measurement costs and, where such is the case, purification costs.

1987, c. 64, s. 1; 1988, c. 9, s. 1; 1998, c. 24, s. 1; 2005, c. 45, s. 1.

2. This Act binds the Government and its departments and agencies that are mandataries of the State.

1987, c. 64, s. 2; 1999, c. 40, s. 178.

CHAPTER II OWNERSHIP OF RIGHTS IN OR OVER MINERAL SUBSTANCES AND UNDERGROUND RESERVOIRS

1988, c. 9, s. 2.

3. Subject to sections 4 and 5, rights in or over mineral substances, other than those of the tilth, form part of the domain of the State. The same rule applies to rights in or over underground reservoirs situated in lands of the domain of the State granted or alienated by the State for purposes other than mining purposes.

1987, c. 64, s. 3; 1988, c. 9, s. 3; 1999, c. 40, s. 178.

4. Rights in or over mineral substances listed below do not form part of the domain of the State if the substances are found

 — in mining concessions for which letters patent were issued before 1 July 1911;

 — in lands granted in a township before 24 July 1880 or granted by location ticket for agricultural purposes for which letters patent or other titles were not issued before or were issued after that date but which, until 1 January 1921, could be deemed to have been issued on 24 July 1880;

 — in lands granted under seigniorial tenure where mining rights were not vested in the State:

(1)  mineral substances contained in a parcel of land where a deposit in operation on 6 May 1982 was situated, provided a declaration according to law was filed in the office of the registrar within 180 days after 15 September 1982;

(2)  mineral substances contained in a parcel of land containing an ore deposit serving as a reserve necessary to the carrying on of a mining, petroleum or gas enterprise in operation in Québec on 6 May 1982, provided that the operator, within the meaning of section 218, was the holder of the rights in those mineral substances, that he established the existence of indicators of the presence of a workable deposit and that he filed a declaration according to law in the office of the registrar within 180 days after 15 September 1982;

(3)  mineral substances covered by an option, a promise of sale or a lease on 6 May 1982, provided that the original or an authentic copy of the document was filed in the office of the registrar within 180 days after 15 September 1982.

In lands granted before 24 July 1880, however, rights in or over gold and silver deposits form part of the domain of the State.

1987, c. 64, s. 4; 1988, c. 9, s. 4, s. 5; 1999, c. 40, s. 178.

5. Rights in or over the following mineral substances are surrendered to the owner of the soil where they are found in lands granted or alienated by the State for purposes other than mining purposes before 1 January 1966 or in lands wherein the rights in or over mineral substances were revoked in favour of the State on or after 1 January 1966: sand, gravel, building stone and stone used for sculpture, limestone, calcite used as flux, millstones and grindstones, gypsum, common clay used in making building materials, firebrick, pottery, ceramic substances, mineral waters, infusory earths or tripoli, fuller’s earth, peat, marl, ochre or soapstone, provided that, in their natural state, they are isolated from other mineral substances, as well as rights in or over mineral substances of the tilth.

1987, c. 64, s. 5; 1988, c. 9, s. 6; 1999, c. 40, s. 178.

6. The owner of the soil and the lessee of land granted, alienated or leased by the State for purposes other than mining purposes on or after 1 January 1966 may use and displace, for their domestic needs, any mineral substances listed in section 5.

1987, c. 64, s. 6; 1999, c. 40, s. 178.

7. Rights in or over tailings belong to the holder of the mining lease or mining concession.

At the expiry of the mining lease or of a right under section 239 or on the abandonment or revocation of the mining lease or mining concession, rights in or over the tailings belong to the owner of the soil on which the tailings have been deposited with his consent.

1987, c. 64, s. 7; 1988, c. 9, s. 8.

8. The mining rights conferred by the following titles are immovable real rights:

 — claims;

 — mining exploration licences;

 — mining leases;

 — mining concessions;

 — seabed exploration licences;

 — seabed mining leases;

 — exploration licences for surface mineral substances;

 — leases to mine surface mineral substances;

 — exploration licences for petroleum and natural gas;

 — exploration licences for brine;

 — exploration licences for underground reservoirs;

 — leases to produce petroleum and natural gas;

 — leases to produce brine;

 — leases to operate an underground reservoir.

1987, c. 64, s. 8.

9. Every real and immovable mining right constitutes a separate property.

1987, c. 64, s. 9.

10. The following are exempt from registration at the registry office:

 — claims;

 — mining exploration licences;

 — seabed exploration licences;

 — exploration licences for surface mineral substances;

 — non-exclusive leases to mine surface mineral substances;

 — exploration licences for petroleum and natural gas;

 — exploration licences for brine;

 — exploration licences for underground reservoirs;

Not in force

 — authorizations to produce brine.

1987, c. 64, s. 10; 1998, c. 24, s. 3; 2000, c. 42, s. 185.

11. A public register of real and immovable mining rights granted under this Act shall be kept at the Ministère des Ressources naturelles et de la Faune.

1987, c. 64, s. 11; 1994, c. 13, s. 15; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

12. (Repealed).

1987, c. 64, s. 12; 1998, c. 24, s. 4.

13. The registrar appointed by the Minister of Natural Resources and Wildlife shall

(1)  keep the public register of real and immovable mining rights;

(2)  make in the register a summary entry of such rights and their renewal, transfer, surrender, abandonment, revocation or expiry, and keep in the register the titles evidencing those rights;

(3)  register therein any other instrument relating to those rights.

1987, c. 64, s. 13; 1994, c. 13, s. 15; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

14. Every transfer of a real and immovable mining right, and every other act to which paragraph 3 of section 13 applies, shall be registered in the public register of real and immovable mining rights on presentation of a copy of the instrument evidencing the transfer or act and on payment of the fees fixed by regulation.

No such transfer or act, whether or not it is exempt from registration at the registry office of the registration division, may have effect against the State unless it has been registered in the public register of real and immovable mining rights.

1987, c. 64, s. 14; 1998, c. 24, s. 5; 1999, c. 40, s. 178.

15. (Repealed).

1987, c. 64, s. 15; 1999, c. 40, s. 178; 1998, c. 24, s. 6.

16. Upon payment of the fee prescribed by regulation, the registrar shall issue to any interested person a certificate of any entry in the public register of real and immovable mining rights.

1987, c. 64, s. 16.

CHAPTER III MINING RIGHTS OF THE DOMAIN OF THE STATE

1999, c. 40, s. 178.

DIVISION I OBJECT AND SCOPE

17. The object of this Act is to promote prospection, mineral exploration and development and the development and operation of underground reservoirs, taking into account other possible uses of the land in the territory.

1987, c. 64, s. 17.

18. This chapter applies to mineral substances and underground reservoirs and to mining drifts designated as underground reservoirs by ministerial order which are situated in lands of the domain of the State and in lands of the private domain where they form part of the domain of the State.

1987, c. 64, s. 18; 1999, c. 40, s. 178.

DIVISION II PROSPECTING LICENCE

1988, c. 9, s. 9.

19. No person, on his own behalf or on behalf of another, may prospect on any land unless he is the holder of a prospecting licence issued by the Minister.

1987, c. 64, s. 19; 1988, c. 9, s. 9.

20. No person, on his own behalf or on behalf of another, may stake any land in view of obtaining a claim unless he is the holder of a prospecting licence issued by the Minister.

1987, c. 64, s. 20; 1988, c. 9, s. 9.

21. Sections 19 and 20 do not apply to an officer or employee of the department acting in the performance of his duties or to any other person acting on behalf of the State.

1987, c. 64, s. 21; 1999, c. 40, s. 178.

22. Any person, even a person not holding a prospecting licence, may designate on a map a parcel of land on which a claim may be obtained by a map designation.

1987, c. 64, s. 22; 1998, c. 24, s. 7.

23. A prospecting licence is issued to a natural person who meets the conditions and pays the fee prescribed by regulation.

A prospecting licence is not transferable.

Upon proof that the licence has been damaged, destroyed, lost or stolen, the Minister shall issue a duplicate thereof upon payment of the fee prescribed by regulation.

1987, c. 64, s. 23; 1988, c. 9, s. 9.

24. The term of a prospecting licence is five years.

The Minister shall renew the licence for the same term, subject to the requirements and on payment of the fee prescribed by regulation.

1987, c. 64, s. 24; 1988, c. 9, s. 9.

24.1. No person whose prospecting licence is revoked under paragraph 4 of section 281 may file a new application for such a licence before the expiry of a period of two years from the date of revocation.

1990, c. 36, s. 1.

25. The licence holder shall carry the licence on his person while prospecting on or staking a parcel of land.

The licensee shall, on request, produce his licence, to any officer of the department.

1987, c. 64, s. 25.

26. No person may prohibit or hinder access to any land containing mineral substances forming part of the domain of the State to any person entitled to engage in prospecting or staking on that land under this division if the person identifies himself on request and, in the case of a licence holder, if he produces his licence.

1987, c. 64, s. 26; 1999, c. 40, s. 178.

27. No person may prospect on land that is subject to a claim, a mining exploration licence, a mining concession or a mining lease, or on land referred to in section 304.1 or withdrawn from staking, designation on a map, mining exploration or mining operations by ministerial order or, to the extent provided for therein, by the effect of another Act.

1987, c. 64, s. 27; 2005, c. 45, s. 2.

28. Ground staking is prohibited on any parcel of land within the boundaries of a territory where claims may be obtained by map designation.

Subject to section 28.1, map designation is prohibited in respect of any parcel of land within the boundaries of a territory where claims may be obtained by ground staking.

The boundaries shall be determined by the Minister and shown on maps kept at the office of the registrar in accordance with section 60.1.

1987, c. 64, s. 28; 1998, c. 24, s. 8; 2003, c. 15, s. 1.

28.1. Map designation is permitted in respect of any parcel of land within the boundaries of a territory where claims may be obtained by ground staking if it is evident that the location of the perimeter of the parcel of land to which the map designation notice applies is not likely to result in a dispute between holders of mining rights.

2003, c. 15, s. 2.

29. Subject to section 92, no person may stake or designate on a map any land that is subject to a mining exploration licence, or any land that is subject to a mining concession, a mining lease, an application for a mining lease or an application for a conversion of mining rights under subdivision 5 of Division III of this chapter.

1987, c. 64, s. 29; 1998, c. 24, s. 9.

30. No person may stake or designate on a map any parcel of land withdrawn from staking, map designation, mining exploration or mining by ministerial order or, to the extent provided for therein, by the effect of another Act.

No person may stake or designate on a map any parcel of land that is subject to a provisional suspension notice pursuant to section 304.1.

1987, c. 64, s. 30; 2003, c. 15, s. 3.

30.1. No person may stake, designate on a map or carry on mining exploration or mining operations work on an outstanding geological site classified under section 305.1.

2005, c. 45, s. 3.

31. (Repealed).

1987, c. 64, s. 31; 1998, c. 24, s. 10.

32. No person may, without the prior authorization of the Minister, stake any land

(1)  situated within the limits of urban territories indicated by the Minister and shown on maps kept in the office of the registrar;

(2)  contemplated in section 4, where only gold and silver form part of the domain of the State;

(3)  (paragraph repealed);

(4)  reserved to the State by ministerial order pursuant to subparagraph 1 of the first paragraph of section 304;

(5)  situated in a territory delimited, by ministerial order, for non-exclusive purposes of recreation, tourism or plant-life or wildlife conservation or the preservation of an exceptional forest ecosystem classified by the Minister under section 24.4 of the Forest Act (chapter F-4.1).

1987, c. 64, s. 32; 1991, c. 23, s. 1; 1999, c. 40, s. 178; 1998, c. 24, s. 11; 2001, c. 6, s. 143.

33. No person may, without the prior authorization of the Minister, prospect on or stake any land

(1)  situated in an Indian reserve;

(2)  designated as a migratory bird sanctuary under the Migratory Birds Convention Act (Revised Statutes of Canada, 1985, chapter M-7).

1987, c. 64, s. 33; 1998, c. 24, s. 12.

34. The Minister may subject his authorization to conditions and requirements which may, among other matters and notwithstanding the provisions of this Act, concern the work to be performed on the land that will be subject to the claim.

The Minister may also, in the public interest, impose such conditions and requirements on the claim holder during the term of the claim, alter existing conditions and requirements or impose new conditions and requirements.

1987, c. 64, s. 34; 1998, c. 24, s. 13.

35. No person may stake any land

(1)  where proceedings for the revocation of a claim are pending, from the date on which the registrar is notified thereof;

(2)  where a second notice of staking has been filed, from the date on which the registrar receives it.

1987, c. 64, s. 35; 1998, c. 24, s. 14.

36. The holder of a prospecting licence may stake land that is already subject to a claim obtained by staking and registered in favour of a third person, except if the claim has already been converted into a map designated claim or if an application for conversion has been made.

In such a case, the holder of the prospecting licence or the person on whose behalf the staking is made shall contest the claim within the time and on any of the grounds set forth in paragraphs 1 to 3 of section 280.

1987, c. 64, s. 36; 1988, c. 9, s. 9; 1998, c. 24, s. 15.

37. (Repealed).

1987, c. 64, s. 37; 1998, c. 24, s. 16.

38. No person may stake or designate on a map any land that is subject to a claim the registration of which has been refused or an abandoned, revoked, unrenewed or expired claim, before 7:00 a.m. on the thirty-first day after, as the case may be, the date on which the refusal to register or to renew or the revocation of the claim became executory, after the date of registration of the abandonment by the registrar or after the date of expiry.

Notwithstanding the first paragraph, in no case may the holder of the abandoned, revoked, unrenewed or expired claim or any person who had an interest therein, or any person whose application for the registration of a claim has been refused, stake or designate on a map, on his own behalf, the parcel of land that was subject thereto before an additional 30-day period.

For the purposes of the second paragraph, a natural person, the person’s representatives and their employees or, in the case of a legal person, the legal person, its subsidiaries and their directors, executives, representatives and employees are deemed to constitute a single person.

Where the interested person withdraws an appeal relating to a refusal to register, a refusal to authorize work, a refusal to renew or a revocation, the period begins to run from the day a notice of discontinuance is filed in the office of the Court of Québec.

1987, c. 64, s. 38; 1988, c. 21, s. 66; 1998, c. 24, s. 17; 2003, c. 15, s. 4.

39. Every officer or other employee of the department acting in the performance of his duties or any other person acting on behalf of the State who makes a discovery of ore shall stake or designate on a map the parcel of land containing the ore, in favour of the State, in accordance with Division III.

1987, c. 64, s. 39; 1999, c. 40, s. 178.

DIVISION III CLAIMS

§ 1 . — Acquisition

40. A claim may be obtained by staking or map designation in accordance with this division.

Staking shall be done with tags issued by the Minister. Tags shall be issued to any person applying therefor at the price, on the conditions and for the period prescribed by regulation.

1987, c. 64, s. 40.

41. (Repealed).

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

42. The area of each parcel of land staked shall, as nearly as practicable, be 16 hectares and its sides shall be 400 metres in length, with boundary lines running as nearly as possible north and south and east and west astronomically.

Notwithstanding the first paragraph, any parcel of land of less than 16 hectares, situated between parcels of land that are subject to a claim, a mining exploration licence, a mining lease or a mining concession or not open for staking may be staked by any of the holders of mining rights or by each of them in the proportions agreed by the Minister, or by a third person authorized by the Minister.

The area and shape of a parcel of land that may be the subject of a claim by way of map designation shall be determined by the Minister and shown on the maps kept at the office of the registrar. Any modification of the area and form of the parcel of land shall be recorded in a notice posted in a conspicuous place in the regional offices designated by ministerial order and in the office of the registrar, and shall take effect on the date indicated in the notice.

1987, c. 64, s. 42; 1988, c. 9, s. 10; 1998, c. 24, s. 19; 2003, c. 15, s. 5.

42.1. Every claim obtained by map designation or by conversion of a mining right into a map designated claim pursuant to subdivision 5 of this division must cover the entire area of a parcel of land determined by the Minister and shown on the maps kept at the office of the registrar or, where applicable, only the area of the parcel of land that is open to map designation in accordance with this Act.

However, where a map designated claim has been obtained by the conversion of a mining right, the claim holder may, within 60 days from the date of issue of the certificate of registration of the claim, refuse the inclusion of any part of the parcel of land subject to the claim that exceeds the area subject to the converted mining right if the inclusion of the excess portion would impose new requirements on the claim holder by reason of the application of section 231.

1998, c. 24, s. 20.

42.2. Where it has not been possible to extend a claim obtained by map designation or by conversion of a mining right to cover the total area of a parcel of land as shown on the maps, the area of land subject to the claim must, as soon as possible, be extended so as to include an area corresponding to the total area of a parcel of land shown on the maps provided that the included area is open to map designation in accordance with this Act.

Where parts of a parcel of land shown on the maps are subject to more than one claim, the Minister shall extend one such claim, as determined by a drawing of lots, to include the excess portion of the parcel of land, provided that the included area is contiguous and is open to map designation in accordance with this Act.

However, the holder of the claim extended to include the excess portion of land may, within 60 days from the date of issue of the notice of extension, refuse the extension if it would impose new obligations on the claim holder by reason of the application of section 231.

1998, c. 24, s. 20.

42.3. No extension of the area of the parcel of land subject to a claim, pursuant to section 42.2, shall have the effect of increasing the cost of the work to be performed in respect of the claim for the term during which the extension is effected.

1998, c. 24, s. 20.

42.4. Any decision concerning the application of sections 42.1 and 42.2 may be made by the Minister, including a decision concerning the rules relating to the area of the parcel of land subject to a claim obtained by map designation or by conversion of a mining right, and the Minister may order, where necessary for the application of the said provisions, a survey of the parcels of land concerned.

1998, c. 24, s. 20.

42.5. The excess portion of a parcel of land referred to in section 28.1 may be map designated by one or more holders of a staked claim, in the proportions agreed by the Minister, if the parcel of land or part of the parcel of land that is subject to the staked claim is contiguous to the excess portion and if no mining exploration licence held by a third person is contiguous to that excess portion.

2003, c. 15, s. 6.

43. (Repealed).

1987, c. 64, s. 43; 1988, c. 9, s. 11, s. 12; 1998, c. 24, s. 21.

44. Every person staking a parcel of land shall comply, as nearly as practicable, with the following staking rules:

(1)  he shall plant or erect a post at each of the four corners of the claim, beginning with post No.1 and ending with post No.4;

(2)  the post at the northeast corner shall be marked number 1, that at the southeast corner number 2, that at the southwest corner number 3 and that at the northwest corner number 4;

(3)  he shall affix to each post the tag bearing the claim number and the number corresponding to that post;

(4)  he shall inscribe, in a legible and durable manner, the date of staking on each tag and, on the tag identifying No.1 post, his name, his prospecting licence number and the time of the staking; where a parcel of land is staked by an officer or any other employee of the department acting in the performance of his duties or by any other person acting on behalf of the State, the prospecting licence number shall be replaced by the word “QUÉBEC”;

(5)  the lines between the four posts must be marked on the land so that the outlines of the claim are clearly visible from one post to the other;

(6)  where it is impossible to erect a post at a corner of the claim, the staker shall plant or erect a witness post at the nearest practicable point and inscribed, on the corresponding tag, opposite the letters “P.I.” (piquet indicateur), an indication of the distance and direction of the site of the true corner from the witness post and any other information required under paragraph 4;

(7)  every post shall stand not less than one metre nor more than 1.5 metres above the ground and have a diameter of approximately 10 centimetres or, if made of metal, 2 centimetres and shall be squared or faced on four sides for at least 30 centimetres from the top; a standing stump or tree of the same dimensions may be used as a post;

(8)  where a post cannot be planted or erected in a durable manner, it must be kept in place by a heap of stones or earth of not less than 75 centimetres in diameter and at least 50 centimetres high;

(9)  no post used for the staking of a claim may be used to stake another claim;

(10)  a staker who begins the staking of a claim must complete it before beginning the staking of another claim;

(11)  a staker staking contiguous parcels of land may use a single post at the apices of adjacent corners.

1987, c. 64, s. 44; 1988, c. 9, s. 9, s. 14; 1999, c. 40, s. 178; 1998, c. 24, s. 22.

45. Except with the Minister’s authorization issued under section 58, no person may move, alter or replace a post outlining a claim or alter the inscriptions on the post or on its tag.

1987, c. 64, s. 45; 1988, c. 9, s. 15.

§ 2 . — Registration and validity

46. No claim obtained by the staking of land remains valid unless a notice of staking is filed in the office of the registrar or in a regional office designated by ministerial order within 20 days of the staking and is subsequently registered in the public register of real and immovable mining rights.

1987, c. 64, s. 46; 1988, c. 9, s. 16; 1998, c. 24, s. 23.

47. A map designated claim is acquired by the filing of a notice of map designation followed by its registration at the office of the registrar.

A notice of map designation may also be filed in person at a regional office designated by ministerial order. The notice shall then be forwarded to the office of the registrar for registration.

1987, c. 64, s. 47; 1998, c. 24, s. 24.

48. The notice of staking must be presented on a form supplied by the Minister, contain the information determined by regulation and be accompanied with the fee prescribed by regulation. The notice of staking must be accompanied with the following documents:

(1)  a copy of the official map of mining titles at a scale of 1/50000 kept in the office of the registrar and referred to in the notice of staking, showing the perimeter of the staked parcel of land;

(2)  a sketch signed by the staker showing the boundaries of the claim and the nearest landmarks and, where that is the case, the limits of the public improvements referred to in section 70;

(3)  a statement signed by the applicant to the effect that the information furnished is accurate;

(4)  a statement signed by the applicant to the effect that he has taken into consideration the perimeters delimited under paragraph 1 of section 32;

(5)  in the case described in section 36, the notice of staking must, in addition, be accompanied with an application for the revocation of a claim.

1987, c. 64, s. 48; 1998, c. 24, s. 25; 2003, c. 15, s. 7.

49. The notice of map designation must be presented on a form supplied by the Minister, contain the information determined by regulation and be accompanied with the fee prescribed by regulation. The notice of map designation must be accompanied with a statement signed by the applicant to the effect that the information furnished is accurate.

A notice of map designation in respect of a parcel of land within the boundaries of a territory where claims may be obtained by ground staking must also be accompanied with the following documents:

(1)  in the case described in section 28.1, a statement by the holders of staked claims situated less than 1,000 metres from the parcel of land concerned, attesting that the parcels of land subject to their claims are not situated within the boundaries of the parcel of land concerned;

(2)  in the case described in section 28.1, if the parcel of land is subject to a mining exploration licence, an agreement in writing between the holder of the mining exploration licence and the holder of the staked claim, in accordance with the regulations; if the holder of a mining exploration licence is also the holder of the staked claim, an application for conversion of the staked claim complying with subdivision 5 of this division;

(3)  in the case described in section 42.5, an application for conversion complying with subdivision 5 of this division.

1987, c. 64, s. 49; 1998, c. 24, s. 26; 2003, c. 15, s. 8.

50. The registrar shall allow the applicant to file, before the claim is registered, an amended notice of staking or of map designation in which a manifest error found in the original notice is rectified.

The registrar shall, on finding a manifest error in a notice of staking or notice of map designation and before registering the claim, send the applicant a notice describing the error to be corrected. If the applicant fails to file an amended notice of staking or notice of map designation within 15 days of receiving the notice requesting that a correction be made, the registrar shall refuse the notice of staking or notice of map designation filed by the applicant.

1987, c. 64, s. 50; 1998, c. 24, s. 27.

51. The registrar shall refuse a notice of staking

(1)  where it is not received within the time prescribed;

(2)  where the land has been staked without the Minister’s authorization as required by section 32 or 33 or the second paragraph of section 42;

(3)  where the notice relates to a parcel of land that has been staked in contravention of section 29, 30, 35 or 38 or the second paragraph of section 40;

(4)  where the tags used were outdated on the date of staking;

(5)  where the staker staked without a prospecting licence as required by section 20;

(6)  where it does not meet the requirements of section 48.

The registrar shall also refuse a notice of staking that relates to a parcel of land that has been staked in contravention of the first paragraph of section 28 except if, less than six months before the staking, the land staked formed part of the territory in which claims could be obtained by staking. However, in that case, the notice of staking shall be deemed to be a notice of map designation for the purposes of this Act.

1987, c. 64, s. 51; 1988, c. 9, s. 9; 1998, c. 24, s. 28.

52. The registrar shall refuse a notice of map designation

(1)  where the land is subject to a claim registered in accordance with this subdivision;

(2)  (subparagraph repealed);

(3)  where the land has been designated on a map in contravention of the second paragraph of section 28 or section 29, 30 or 38;

(4)  where it does not meet the requirements of section 49, in particular where the conversion cannot be effected.

The registrar shall forward, to the Minister, every notice of map designation that relates to a parcel of land

(1)  from which mineral substances referred to in section 5 have been, or are being, extracted, except sand or gravel;

(2)  for which authorization from the Minister would be required under section 32 or 33 were the parcel of land a parcel of land open for staking.

The Minister may refuse the notice of map designation or, where considered necessary by the Minister, accept it subject to the conditions and requirements imposed by the Minister that may, in particular and notwithstanding the provisions of this Act, concern work to be performed on the parcel of land that will be subject to the claim.

The Minister may also, in the public interest, impose such conditions and requirements on the claim holder during the term of the claim, alter existing conditions and requirements or impose new conditions and requirements.

1987, c. 64, s. 52; 1998, c. 24, s. 29; 2003, c. 15, s. 9.

53. The registrar shall refer to the Minister, for a decision, any other case where the staking, notice of staking or notice of map designation does not appear to him to meet the requirements of this Act or the regulations or gives rise to a dispute.

The registrar shall also refer to the Minister, for a decision, every notice of staking and any application for the revocation of a claim filed pursuant to paragraph 5 of section 48.

1987, c. 64, s. 53.

54. Where more than one notice of staking meeting the requirements of this Act and the regulations is filed for the registration of a claim in respect of the same parcel of land and where an investigation shows that the stakings were simultaneous, the Minister shall designate the holder of the claim by a drawing of lots.

1987, c. 64, s. 54.

55. Every decision refusing a notice of staking or a notice of map designation must be in writing and give the reasons on which it is based. A copy of the decision shall be sent to the interested person within 15 days by certified or registered mail.

1987, c. 64, s. 55.

56. After the expiry of the time prescribed in section 46, the registrar shall issue to an applicant whose notice of staking is accepted a certificate of registration evidencing the claim from the time of staking and make an entry thereof in the public register of real and immovable mining rights.

The registrar shall issue to an applicant whose notice of map designation is accepted a certificate of registration evidencing the claim from the date of filing of the notice and make an entry thereof in the public register of real and immovable mining rights.

1987, c. 64, s. 56; 1988, c. 9, s. 19.

57. The Minister may, if there is no dispute in that respect, rectify an obvious error in the registration of a claim.

1987, c. 64, s. 57.

58. The Minister may make any decision concerning the area of a claim where parcels of land overlap each other, or where the area, orientation or length of the boundary lines of the land does not meet the requirements of this Act or the regulations.

For the purposes of the first paragraph, the Minister may allow a post fixing the boundaries of a staked parcel of land to be moved, altered or replaced. He may also order that a survey of the claim be made.

1987, c. 64, s. 58; 1988, c. 9, s. 20; 2003, c. 15, s. 10.

58.1. The Minister may make any decision concerning the conversion of a staked claim into a map designated claim or the amalgamation or replacement of map designated claims.

2003, c. 15, s. 11.

59. The survey of a claim, carried out in accordance with this Act and the regulations, shall remain in force and be considered to be the delimitation and description of that parcel of land until the claim is abandoned or revoked or expires or until its area is altered.

Where parcels of land subject to a claim are contiguous, the boundaries of the parcel of land subject to the older claim prevail.

Where a statement by the holder of a staked claim establishes that the parcel of land subject to the staked claim is not located within the boundaries of a parcel of land where a claim has been or may be obtained by map designation, the boundaries of the map designated parcel of land prevail.

1987, c. 64, s. 59; 2003, c. 15, s. 12.

59.1. The statement provided for in subparagraph 1 of the second paragraph of section 49, the agreement referred to in subparagraph 2 of that paragraph and the agreement signed by the holder of the staked claim and provided at the time of the conversion of a mining right into a map designated claim may be set up against third persons.

2003, c. 15, s. 13.

60. Except where the parcel of land subject to the staked claim is the subject of a statement establishing that it is not located within the boundaries of a parcel of land that is or may be subject to a claim obtained by map designation, a subsequent purchaser of a claim who finds staking irregularities that may result in revocation of the claim may restake the parcel of land in accordance with this division if the validity of the claim is not contested, and file a new notice of staking accompanied with a declaration clearly stating the irregularities and with a sketch of the irregularities.

A notice of staking under the first paragraph is equivalent to a notice of abandonment of the former claim and takes effect upon the issuance of the certificate of registration for the new claim. The new claim is deemed to exist from the same date as that of the former claim and entails the same rights and obligations.

1987, c. 64, s. 60; 2003, c. 15, s. 14.

60.1. The Minister shall determine the boundaries of the territories in which claims may be obtained by staking and the boundaries of the territories in which claims may be obtained by map designation, and indicate them on maps kept at the office of the registrar. The Minister shall, from time to time, modify the boundaries of the territories as and when claims obtained by staking are map designated or converted into map designated claims, are not renewed, or are abandoned or revoked.

The notice of modification, accompanied with the map showing the new boundaries of the territories, must be filed and kept at the office of the registrar, and a copy of the notice must be posted in a conspicuous place at the office of the registrar.

The modification shall take effect after the filing, on the date indicated in the notice. However, no such modification may affect the right of a person having staked a parcel of land before the date indicated in the notice or before the date and time of filing of a notice of map designation to file a notice of staking for registration within the required time. In such a case, a corresponding modification shall be made to the map accompanying the notice of modification, except if the person agrees to a conversion into a map designated claim.

1998, c. 24, s. 31; 2003, c. 15, s. 15.

61. Subject to the special rules set out in the first paragraph of section 83.3 for the conversion of mining rights into map designated claims following an application under section 83.2 or 83.6, the first term of a claim shall expire two years from the day the claim is registered, except where the date of expiry of a claim is changed following an application made under subdivision 6 of this division for the determination of a common claim expiry date or for the reduction of the term of a claim.

The Minister shall renew the claim for a term of two years provided the claim holder

(1)  has applied for the renewal of the claim before the 60th day preceding its date of expiry or, on payment of the extra amount fixed by regulation, after that date but before its date of expiry. An application for renewal must be filed using the form supplied by the Minister and must contain the information determined by regulation;

(2)  has paid the fee prescribed by regulation;

(3)  has complied with this Act and the regulations throughout the previous term of the claim and, in particular, has performed and reported on the work required under section 72;

(4)  has met any other renewal requirement prescribed by regulation.

A claim registered in favour of the State remains in force for the period and on the conditions determined by the Minister, who may dispose of it for the price and subject to the conditions determined by the Government.

1987, c. 64, s. 61; 1999, c. 40, s. 178; 1998, c. 24, s. 32; 2003, c. 15, s. 16.

62. The Minister may also renew a claim in advance for a single term provided the claim holder

(1)  applies therefor simultaneously with an application for renewal filed pursuant to section 61;

(2)  has established that the work necessary for the renewal according to section 75 or 76 has been carried out;

(3)  has met the renewal requirements prescribed by section 61;

(4)  has paid the fee prescribed by regulation for the advance term.

1987, c. 64, s. 62.

63. Subject to the conditions determined by the Minister, the Minister may, on his own initiative or at the request of any interested person, suspend the term of the claim,

(1)  during such time as the validity of the claim is contested;

(2)  for the period he determines, where the claim holder is prevented from performing the work prescribed by section 72;

(3)  until he has rendered a decision on an application for a mining lease, where the application concerns the land that is the subject of the claim.

1987, c. 64, s. 63; 1998, c. 24, s. 33.

§ 3 . — Rights and obligations

64. The holder of a claim has the exclusive right to explore for mineral substances on the parcel of land subject to the claim, with the exception of

(1)  petroleum, natural gas and brine;

(2)  sand other than silica sand used for industrial purposes, gravel, common clay used in the manufacture of clay products and every other mineral substance found in its natural state as a loose deposit, as well as inert mine tailings used for construction purposes;

(3)  on any part of the parcel of land that is also subject to an exploration licence for surface mineral substances or an exclusive lease to mine surface mineral substances, every other surface mineral substance.

1987, c. 64, s. 64; 1998, c. 24, s. 34.

65. Every claim holder has access to the parcel of land subject to his claim and may perform any exploration work thereon.

Notwithstanding the first paragraph, on lands granted, alienated or leased by the State for purposes other than mining purposes or on lands under an exclusive lease to mine surface mineral substances, the claim holder may exercise such rights only in accordance with section 235.

1987, c. 64, s. 65; 1999, c. 40, s. 178.

66. The claim holder may not erect or maintain any construction on lands of the domain of the State without first obtaining authorization from the Minister, except if the construction is located on the parcel of land subject to the claim and is a construction of a type defined by a ministerial order made under subparagraph 2.1 of the first paragraph of section 304.

When the claim holder becomes aware that a third person is erecting a construction on such lands, he shall immediately notify the Minister in writing.

1987, c. 64, s. 66; 1999, c. 40, s. 178; 1998, c. 24, s. 35.

67. Any part of a watercourse with a natural force equal to or greater than 225 kilowatts at its ordinary flow during 6 months together with a strip of land 20 metres in width on each side of the watercourse shall be excluded from any claim and reserved to the State.

The Minister may add to the reserve any area he considers necessary for the development and utilization of the waterpower. Where such an addition is made after the registration of a claim on the land, compensation shall be paid to the claim holder.

The Minister may, subject to certain conditions, authorize a claim holder to explore for mineral substances on the reserved land.

1987, c. 64, s. 67; 1988, c. 53, s. 2; 1999, c. 40, s. 178.

68. A claim holder may use, for his mining activities, sand or gravel forming part of the domain of the State except where the land subject to his claim is already under an exclusive lease, in favour of a third person, to mine surface mineral substances.

1987, c. 64, s. 68; 1999, c. 40, s. 178.

69. The claim holder shall not extract or dispatch mineral substances except for geological or geochemical sampling nor a quantity in excess of 50 metric tons.

If the claim holder shows that it is necessary to extract or dispatch a greater quantity of mineral substances, other than surface mineral substances, the Minister may authorize him to extract or dispatch a fixed quantity of such mineral substances. Within one year after the extraction, the claim holder shall report the quantity of mineral substances extracted and the results of the metallurgical testing to the Minister.

1987, c. 64, s. 69; 1998, c. 24, s. 36.

70. Where, on land of the domain of the State, and before the registration of any claim, an improvement consistent with the regulation already exists, or where such land is already the subject of a transfer or lease referred to in section 239, no claim holder may carry on any work unless he obtains the authorization of the Minister and complies with such conditions as the latter may determine.

1987, c. 64, s. 70; 1999, c. 40, s. 178.

71. No claim holder is entitled to compensation for

(1)  the extraction of sand, gravel or stone for the construction or maintenance of works of the State, from lands of the domain of the State;

(2)  the installation of electric-power transmission lines, oil pipelines or gas pipelines;

(3)  the transfer or leasing of lands of the domain of the State, particularly for the purposes referred to in section 239.

1987, c. 64, s. 71; 1999, c. 40, s. 178.

72. Subject to sections 73 and 75 to 81, the claim holder shall, 60 days or more before the expiry of his claim, perform on the land that is subject to his claim work of the nature and for the minimum cost determined by regulation. However, the amounts spent on property examination and technical assessment work shall not be accepted unless the work is performed within 48 months following the date on which the claim was registered.

The claim holder shall report thereon to the Minister before the same date. He may, however, for an additional amount prescribed by regulation, send his report after that date provided he does so before the date of expiry of his claim. The report shall be in the form and accompanied with the documents prescribed by regulation.

1987, c. 64, s. 72; 1988, c. 9, s. 21; 1998, c. 24, s. 37.

73. Where the work to be performed by the holder of a claim has not been performed or reported within the time prescribed or where the work performed, on the expiry of the time prescribed, is not sufficient for the renewal of the claim, the claim holder may pay the Minister an amount equal to the minimum cost of the work that should have been performed or reported or, where applicable, equal to the difference between that minimum cost and the cost of the work performed on the land and reported.

1987, c. 64, s. 73; 1998, c. 24, s. 38.

74. The Minister may refuse all or part of the work where the documents filed

(1)  are incomplete or not consistent with the regulations;

(2)  do not corroborate the stated amounts or the actual cost of the work;

(3)  fail to show that the stated amounts were disbursed solely for the performance of work;

(4)  have been falsified or contain false information;

(5)  pertain to work previously reported by the claim holder or by a third person and accepted as part of another report.

1987, c. 64, s. 74.

75. Any amount disbursed to perform work in excess of the prescribed requirements may be applied to subsequent terms of the claim.

1987, c. 64, s. 75.

76. The holder of adjoining claims may, not later than the date of the expiry of the claim to be renewed, apply all or part of the amounts spent to perform, in respect of a claim, any work in excess of the prescribed requirements to a claim the renewal of which is applied for, up to the amount necessary for its renewal, provided the land that is the subject of the application for renewal is included within a 4.5 kilometre radius circle measured from the geometrical centre of the parcel of land subject to the claim in respect of which work was performed in excess of the prescribed requirements.

1987, c. 64, s. 76; 1998, c. 24, s. 39; 2003, c. 15, s. 17.

77. A claim holder who is also the holder of a mining lease or mining concession may, not later than the date of expiry of the claim to be renewed, apply all or part of the amounts spent to perform work in respect of the lease or concession to the claim to be renewed, provided that the total of all such amounts does not exceed 1/4 of the minimum cost of the work to be performed for the renewal of the claim and provided that the work was performed during the term of the claim and that all the land that is subject to the claim, lease or concession is included within a 4.5 kilometre radius circle measured from the geometrical centre of the parcel of land that is subject to the lease or concession.

1987, c. 64, s. 77; 1998, c. 24, s. 40; 2003, c. 15, s. 18.

78. Any amount disbursed in excess of the prescribed requirements in respect of a claim by its holder or any work performed in respect of a mining lease or mining concession by its holder may be applied, in accordance with section 76 or 77 as the case may be, towards the renewal of another claim in respect of which he has made a promise to purchase by way of a deed registered in the public register of real and immovable mining rights.

Where the amount is disbursed or the work is performed by a person who is not the holder of the mining rights in question but has made a promise to purchase as in the preceding paragraph, the amount disbursed or the work may be applied, with the written consent of the holder of the rights, towards the renewal of a claim of which the said person is the holder or in respect of which he has made a promise to purchase as in the preceding paragraph.

1987, c. 64, s. 78; 1988, c. 9, s. 22.

79. For the purposes of sections 75 to 78, where the work performed is insufficient to permit the renewal of a claim, the claim holder may, within 15 days of being so notified by the Minister, submit a new application for renewal.

If the claim holder fails to do so, the application for renewal shall be amended by the Minister according to the rules prescribed by regulation.

1987, c. 64, s. 79.

80. The work performed in respect of a claim during the 24 months preceding the current term may, in a report, be applied to the current term of the claim.

However, where a claim obtained by staking is converted into one or more map designated claims following an application under section 83.2, only the work performed in respect of the claim during the 24 months preceding the date of conversion may be applied, in a report, to the term of the claim that follows the conversion.

1987, c. 64, s. 80; 1988, c. 9, s. 23; 1990, c. 36, s. 2; 1998, c. 24, s. 41.

81. All geological, geophysical or geochemical surveys and prospecting work defined by regulation, performed in the territory comprising the parcel of land that is subject to a claim during the 24 months preceding the date of staking or filing of the notice of map designation may, in a report, be applied to the first term of a claim.

However, where a claim obtained by staking is, during its first term, converted into one or more map designated claims following an application under section 83.2, the 24-month period shall be calculated with reference to the date of conversion, and the surveys and work referred to in the first paragraph may be applied, in a report, to the term immediately following the conversion.

1987, c. 64, s. 81; 1998, c. 24, s. 42.

82. The Minister may order the cessation of the work if necessary in his judgment to permit the use of the territory for public utility purposes.

In such a case, the Minister shall, subject to certain conditions, suspend the term of the claim.

After six months, if the Minister is of opinion that the cessation of the work must be maintained, he shall expropriate the claim.

1987, c. 64, s. 82.

§ 4 . — Abandonment

83. A claim holder may abandon his right by filing a written notice to that effect with the registrar. The claim is deemed to be abandoned on the day on which the registrar registers the abandonment in the public register of real and immovable mining rights.

1987, c. 64, s. 83; 1988, c. 9, s. 24; 1998, c. 24, s. 43.

§ 5 . — Conversion of mining rights into map designated claims

83.1. Except with respect to a claim held on a parcel of land situated in Îles-de-la-Madeleine, the holder of a claim obtained by staking, held on a parcel of land staked in a lot of 500 hectares or less and situated in a township or seigniory or in a block formerly subject to a mining lease or mining concession, may apply to the Minister for the conversion of the staked claim into a map designated claim.

The application for conversion must be filed using the form supplied by the Minister and contain the information prescribed by regulation.

The claim obtained by conversion shall replace the converted claim from the date of issue of the certificate of registration of the claim converted into a map designated claim. The map designated claim shall be deemed to exist from the same date as the converted claim; the unexpired portion of the term of the claim and the rights and obligations of the claim holder during the term of the claim shall remain unchanged.

1998, c. 24, s. 44.

83.2. The holder of a claim obtained by staking with respect to a parcel of land situated in Îles-de-la-Madeleine or in any territory other than a territory referred to in section 83.1, may also apply to the Minister for the conversion of the staked claim into one or more map designated claims.

The application for conversion must be filed using the form supplied by the Minister, and contain the information and be accompanied with the documents determined by regulation.

The claims obtained by conversion shall replace the converted claims from the date of issue of the certificates of registration of the claims converted into map designated claims, and the date of registration of the converted claims is deemed to be the date of conversion.

The conversion of a claim applied for under this section is effected in accordance with sections 83.3 to 83.5.

1998, c. 24, s. 44.

83.3. The date of expiry of the claims converted into map designated claims shall be the date of expiry of the converted claims. However, where an application for conversion concerns more than one claim held on contiguous parcels of land, the Minister shall fix the date of expiry of the claims converted into map designated claims by calculating, in the manner prescribed by regulation, the average unexpired portion of the terms of all the claims to be converted.

The Minister shall also determine, for each of the parcels of land subject to the converted claims, the minimum cost of the work required for the first renewal of the claims following conversion by adding together the minimum cost of the work to be performed on all the parcels of land that are subject to the claims to be converted and by allocating the resulting total minimum cost among the converted claims in proportion to the respective area of each.

1998, c. 24, s. 44.

83.4. The Minister shall allocate any excess amount disbursed for work performed on all the parcels of land subject to the claims to be converted among the resulting map designated claims, in the manner and subject to the conditions prescribed by regulation.

1998, c. 24, s. 44.

83.5. In order to establish the minimum cost of the work required to renew the claims converted into map designated claims for every renewal except the first renewal following conversion, the Minister shall determine the number of terms of the converted claims in the manner prescribed by regulation.

1998, c. 24, s. 44.

83.6. The holder of a licence to explore for surface mineral substances in a territory that is subject to no claim or mining exploration licence may apply to the Minister for the conversion of the licence into one or more map designated claims.

The application for conversion must be filed using the form supplied by the Minister, and must contain the information and be accompanied with the documents determined by regulation.

The claims obtained by conversion shall replace the licence from the date of issue of the certificates of registration of the claims.

The rules set out in sections 83.3 to 83.5 for the conversion of claims obtained by staking with respect to parcels of land situated in a territory referred to in section 83.2, adapted as required, apply to conversions under this section.

1998, c. 24, s. 44.

83.6.1. The Minister may, on his or her initiative, convert a claim referred to in section 83.1 into a map designated claim; however, the conditions applicable are those applicable to a conversion under section 83.2.

The Minister may also, on his or her initiative, convert the mining rights referred to in sections 83.2 and 83.6 into map designated claims, subject to the conditions applicable to such conversions.

2003, c. 15, s. 19.

83.7. The holder of a licence to explore for surface mineral substances that relates to a territory all or part of which is also subject to a claim or mining exploration licence held by the same holder may, in accordance with section 139, abandon the rights held over the territory also subject to the claim or mining exploration licence and request that the excess amount disbursed for work performed on the territory subject to the licence to explore for surface mineral substances, or part of that excess amount, be applied to the terms for which the claim is renewed or to subsequent terms of the mining exploration licence.

Where all or part of the territory subject to the licence to explore for surface mineral substances is also subject to more than one claim or more than one mining exploration licence, the excess amount disbursed or the part of that excess amount shall be apportioned among them in proportion to their respective area.

Upon the abandonment of the rights held by the holder of the licence to explore for surface mineral substances over the part of the territory that is also subject to a claim or mining exploration licence, any licence to explore for surface mineral substances over the remaining part of the territory that is subject to no claim or mining exploration licence may be converted on application into one or more map designated claims in accordance with section 83.6.

1998, c. 24, s. 44.

83.8. No licence to explore for surface mineral substances over a parcel of land all or part of which is also subject to a claim or mining exploration licence held by a third person may be converted.

1998, c. 24, s. 44.

§ 6 . — Determination of common claim expiry date and reduction of term

83.9. A claim holder may apply to the Minister for the determination of a common expiry date in respect of the claims specified by the claim holder.

An application for the determination of a common expiry date must be made using the form supplied by the Minister and must contain the information and be accompanied with the fees fixed by regulation.

Only one application may be filed in respect of a given claim during a given term.

1998, c. 24, s. 44.

83.10. The common date of expiry of the claims concerned is determined by calculating, in the manner prescribed by regulation, the average unexpired portion of the terms of all the claims concerned by the application.

1998, c. 24, s. 44.

83.11. The claim holder may, in an application for the determination of a common expiry date, request that the Minister determine a date prior to the date calculated pursuant to section 83.10 as the new date of expiry of the claims concerned by the application.

1998, c. 24, s. 44.

83.12. A claim holder may, at any time, apply to the Minister for the reduction of the term of a claim.

An application for the reduction of a term must be made using the form supplied by the Minister and must contain the information and be accompanied with the fees fixed by regulation.

1998, c. 24, s. 44.

83.13. The determination of a common expiry date or the reduction of a term obtained following an application under this subdivision shall not affect the rights and obligations of the holder of the claims concerned by the application.

1998, c. 24, s. 44.

§ 7 . — Amalgamation of map designated claims

2003, c. 15, s. 20.

83.14. The Minister may, on his or her initiative or at the request of the claim holder, amalgamate map designated claims that are contiguous to and within the boundaries of a parcel of land whose area and form have been determined by the Minister in accordance with the third paragraph of section 42, to constitute a new map designated claim.

The application for amalgamation must be filed by the claim holder, using the form supplied by the Minister, and must contain the information and be accompanied with the fee prescribed by regulation.

The claim obtained by amalgamation replaces the amalgamated claims as of the issue of the certificate of registration of the new map designated claim, and the date of registration of the claim is deemed to be the date of amalgamation.

The amalgamation of claims under this section is carried out in accordance with sections 83.3 to 83.5.

2003, c. 15, s. 20.

§ 8 . — Replacement of map designated claims

2003, c. 15, s. 20.

83.15. Where a map designated claim extends over a parcel of land whose area and form do not correspond to those determined by the Minister and reproduced on the maps kept in the office of the registrar, the Minister may, by virtue of office or on the application of the claim holder, replace that claim with one or more map designated claims covering parcels of land whose area and form must tend to correspond to that determined by the Minister pursuant to the third paragraph of section 42.

The rules provided in sections 42.1 to 42.4 apply, with the necessary modifications, to claims so obtained by replacement.

The application for replacement must be filed by the claim holder, using the form supplied by the Minister, and contain the information and be accompanied with the documents determined by regulation.

The claim obtained replaces the former claim as of the issue of the certificate of registration of the new claim, and its date of registration is deemed to be the date of its replacement.

The replacement of claims under this section is carried out in accordance with sections 83.3 to 83.5.

2003, c. 15, s. 20.

DIVISION IV MINING EXPLORATION LICENCES

84. This division applies to mining exploration licences issued before 22 November 2000.

Beginning on that date, no mining exploration licence may be issued for exploration in land situated to the north of the 52° of latitude.

1987, c. 64, s. 84; 1998, c. 24, s. 45.

84.1. The holder of a mining exploration licence has an exclusive right to explore for mineral substances in the territory for which the licence is issued, with the exception of

(1)  petroleum, natural gas and brine;

(2)  sand other than silica sand used for industrial purposes, gravel, common clay used in the manufacture of clay products and every other mineral substance found in its natural state as a loose deposit, as well as inert mine tailings used for construction purposes;

(3)  in the part of the territory also subject to a licence to explore for surface mineral substances or an exclusive right to mine surface mineral substances, every other surface mineral substance.

1998, c. 24, s. 45.

85. (Repealed).

1987, c. 64, s. 85; 1998, c. 24, s. 46.

86. (Repealed).

1987, c. 64, s. 86; 1998, c. 24, s. 46.

87. (Repealed).

1987, c. 64, s. 87; 1998, c. 24, s. 46.

88. (Repealed).

1987, c. 64, s. 88; 1988, c. 9, s. 25; 1998, c. 24, s. 46.

89. (Repealed).

1987, c. 64, s. 89; 1998, c. 24, s. 46.

90. The term of a licence shall be five years.

The Minister shall renew the licence only once for the same term in respect of all or part of the territory subject to it, provided the licensee

(1)  has applied for the renewal of the licence before its date of expiry;

(2)  has paid the annual fee prescribed by regulation;

(3)  has complied with this Act and the regulations throughout the previous term of his licence and, particularly, has performed and reported the work required under section 94;

(4)  has met any other renewal requirement prescribed by regulation.

1987, c. 64, s. 90.

91. The licensee shall pay the annual fee before the beginning of each year of the term of his licence and comply with the conditions of the licence. The annual fee and the conditions of the licence are prescribed by regulation.

The licensee shall also comply with any other condition imposed by the Minister, upon the issue of the licence, pursuant to section 34 or in the public interest.

1987, c. 64, s. 91; 1998, c. 24, s. 47.

92. The licensee may, in accordance with Division III, obtain a claim in respect of all or part of the territory subject to his licence.

Where such is the case, the area of the territory shall be reduced by the area of the land included in the claim; the reduction does not reduce the work the licensee is required to perform pursuant to section 94, for the current year.

1987, c. 64, s. 92.

92.1. A licensee who, pursuant to section 92, obtains one or more claims covering the whole territory for which the licence was issued may, on filing a notice of map designation, request that the excess amount disbursed for work performed in the territory for which the licence was issued be applied to the renewed terms of the claims, and that it be allocated to the claims in the manner and subject to the conditions prescribed by regulation.

1998, c. 24, s. 48.

93. Rights and restrictions relating to exploration for mineral substances and applicable to claims under sections 65 to 71 shall apply, adapted as required, to the licence.

1987, c. 64, s. 93.

94. Subject to sections 95 and 98, the licensee shall, each year, perform in the territory covered by his licence, work of the nature and for the minimum cost determined by regulation. However, the amounts spent on property examination and technical assessment work shall not be accepted beyond one-fourth of the minimum cost.

Before the end of each year of the term of the licence, the licensee shall report the work to the Minister; the report shall be in the form and accompanied with the documents prescribed by regulation.

1987, c. 64, s. 94; 1988, c. 9, s. 26; 2003, c. 15, s. 21.

95. The Minister may exempt a licensee from any required work not performed within the time prescribed, for any year of the term of his licence except the first year, if the licensee had valid reasons for not doing so, provided that, before the end of the year,

(1)  he files an application for exemption in writing with the Minister informing him of his reasons for not performing the work;

(2)  he pays to the Minister an amount equal to the minimum cost of the required work or, as the case may be, to the difference between the minimum cost and the cost of the work performed and reported.

The Minister may also authorize a licensee to perform the work required for the first year during the second year of the term of his licence, in addition to the work schedule for the second year, if the licensee proves that he had valid reasons for not performing it as scheduled.

1987, c. 64, s. 95.

96. Before 1 April each year, the licensee shall transmit to the Minister a schedule of the work he proposes to perform.

1987, c. 64, s. 96.

97. The Minister may refuse all or part of the work where the documents transmitted

(1)  are incomplete or not consistent with the regulations;

(2)  do not corroborate the stated amounts or the actual cost of the work;

(3)  fail to show that the stated amounts were disbursed solely for the performance of the work;

(4)  have been falsified or contain false information;

(5)  pertain to work previously reported by the licensee or by a third person and accepted as part of another report.

1987, c. 64, s. 97.

98. Any amount spent to perform work in excess of the prescribed requirements may be applied to subsequent years of the term of the licence.

1987, c. 64, s. 98.

99. A licensee may, with the authorization of the Minister, abandon his right in respect of all or part of the territory subject to his licence, provided

(1)  he applies therefor in writing;

(2)  the residual area, in the case of partial abandonment, consists of one or several parcels of land forming a quadrilateral with an area of at least 2 square kilometres;

(3)  he has complied with the other provisions of this Act and the regulations.

Partial abandonment does not reduce the work the licensee is required to perform in the year of abandonment.

1987, c. 64, s. 99.

DIVISION V MINING LEASE AND MINING CONCESSION

100. No person may mine mineral substances, except surface mineral substances, petroleum, natural gas and brine, unless he has previously obtained a mining lease from the Minister or a mining concession under any former Act relating to mines, except where he is authorized to do so pursuant to a seabed mining lease.

1987, c. 64, s. 100.

101. The Minister shall grant a lease in respect of all or part of a parcel of land that is subject to one or several claims or one or several mining exploration licences, claims and mining exploration licences or a mining concession limited to certain mineral substances mentioned in section 5, if their holder establishes the existence of indicators of the presence of a workable deposit and if he meets the requirements and pays the annual rental prescribed by regulation.

Every application for a mining lease shall be accompanied with a survey of the land involved, unless it has already been entirely surveyed, and with a report, certified by an engineer or a geologist, who meets the qualification requirements prescribed by regulation, describing the nature, extent and probable value of the deposit.

At the request of the Minister, the holder of a mining right shall furnish to him any document useful for the determination of the presence of the indicators.

1987, c. 64, s. 101; 1998, c. 24, s. 49; 2001, c. 12, s. 15.

101.1. Notwithstanding the first paragraph of section 101, the Minister may, if part of the parcel of land concerned by the application for a mining lease is already subject to an exclusive lease to mine surface mineral substances, postpone the granting of the mining lease until the applicant has obtained the consent of the holder of the exclusive lease to exercise, should the lease be granted, a right of access to or the right to perform mining operations on the land concerned or, failing agreement as to the amount of compensation to be paid to the holder of the exclusive lease, until an application for the fixing of compensation has been filed with the competent court. An application for the fixing of compensation is introduced by motion; it is heard and decided by preference.

The Minister may refuse to grant the mining lease if the applicant, six months after a decision by the Minister to postpone the granting of the lease, has not obtained the consent of the holder of the exclusive lease or has not filed an application for the fixing of compensation with the competent court.

1998, c. 24, s. 50.

102. The land that is subject to a lease must be comprised within a single perimeter and its area must not exceed 100 hectares.

Notwithstanding the first paragraph, where circumstances warrant it, the Minister may agree to grant a lease on a parcel of land having an area in excess of 100 hectares.

1987, c. 64, s. 102.

103. The area of the territory subject to mining rights referred to in section 101 shall be reduced by the area of the land subject to the lease and, in the case of a mining exploration licence, the required work to be performed during the current year in the territory is not reduced.

1987, c. 64, s. 103.

104. The term of a mining lease is 20 years.

The Minister shall renew the lease, by mere notice, for a period of 10 years, not more than three times, provided the lessee

(1)  applies therefor before the sixtieth day preceding the expiry of the lease or, failing that, within 60 days preceding the expiry of the lease on payment of an additional amount prescribed by regulation;

(2)  has submitted a report establishing that he has performed mining operations for at least two years in the last 10 years of the lease;

(3)  has paid the annual rental prescribed by regulation;

(4)  has complied with this Act and the regulations throughout the previous term of the lease;

(5)  has complied with any other renewal requirement prescribed by regulation.

Notwithstanding the foregoing, after the third renewal of the lease, the Minister may grant an extension thereof on the conditions, for the rental and for the term he determines.

1987, c. 64, s. 104; 1998, c. 24, s. 51.

105. Subject to the restrictions contained in this division, a lessee or a grantee has, on land that is subject to a lease or concession, the rights and obligations of an owner.

Notwithstanding the first paragraph, the right to use the surface of land situated within the domain of the State shall be restricted to mining uses, in particular the establishment of tailings yards, workshops, plants and other facilities required for mining activities, and subject to the conditions set out in the lease or concession and in this Act. On lands granted, alienated or leased by the State for purposes other than mining purposes or on lands that are the subject of an exclusive lease to mine surface mineral substances, the right may be exercised only in accordance with section 235.

1987, c. 64, s. 105; 1991, c. 23, s. 2; 1999, c. 40, s. 178.

106. Any part of a watercourse with a natural force equal to or greater than 225 kilowatts at its ordinary flow during 6 months together with a strip of land 20 metres in width on each side of the watercourse shall be excluded from any lease and reserved to the State.

The Minister may add to the reserve any area he considers necessary for the development and utilization of the waterpower. Where such an addition is made after the granting of a lease on the land, compensation shall be paid to the lessee.

The Minister, however, may, subject to certain conditions, authorize the lessee to mine mineral substances on the reserved land.

1987, c. 64, s. 106; 1988, c. 53, s. 3; 1999, c. 40, s. 178.

107. The following parts of a watercourse or land shall be excluded from any concession and reserved to the State:

(1)  any part of a watercourse with a natural force of 110 kilowatts or more, from 15 March 1928;

(2)  any strip of land 20 metres in width on each side of the watercourse, from 24 May 1937;

(3)  any additional area considered to be necessary by the Government for the development and utilization of waterpower, until 24 October 1988, and, from that date, any additional area considered to be necessary by the Minister for the same purposes. In any such case, compensation shall be paid to the grantee.

Notwithstanding the first paragraph, the Minister may authorize the grantee, subject to certain conditions, to mine mineral substances on the reserved land.

1987, c. 64, s. 107; 1999, c. 40, s. 178.

108. Sand and gravel not granted under any former Act relating to mines, petroleum, natural gas and brine are excluded from the concession.

1987, c. 64, s. 108.

109. A lessee and a grantee may use, for their mining activities, sand and gravel that is part of the domain of the State except where the land that is subject to the lease is already subject to an exclusive lease to mine surface mineral substances in favour of a third person.

1987, c. 64, s. 109; 1988, c. 9, s. 27; 1999, c. 40, s. 178.

110. 5% of the area of the land affected by a lease or concession and situated on lands of the domain of the State shall be reserved to the State for public development purposes.

1987, c. 64, s. 110; 1999, c. 40, s. 178.

111. Sand, gravel or stone for the construction or maintenance of State works may be extracted from lands of the domain of the State without compensation to the lessee or grantee.

1987, c. 64, s. 111; 1999, c. 40, s. 178.

112. (Repealed).

1987, c. 64, s. 112; 1998, c. 24, s. 52.

113. (Repealed).

1987, c. 64, s. 113; 1998, c. 24, s. 52.

114. All lots subject to a mining concession that have been alienated in accordance with the Mining Act as it read on the date on which the alienation was authorized, and all lots the transfer of which cannot be invalidated under section 361, shall be withdrawn from the mining concession and shall form part of the private domain from the date of alienation or transfer.

1987, c. 64, s. 114; 1998, c. 24, s. 53.

115. (Repealed).

1987, c. 64, s. 115; 1996, c. 2, s. 738; 1998, c. 24, s. 54.

115.1. From 17 June 1998, all lands in the domain of the State that are subject to a mining concession shall be governed, in addition to the provisions of this Act, by the provisions of the Act respecting the lands in the domain of the State (chapter T‐8.1) and the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M‐25.2).

The first paragraph applies to lots the alienation of which was authorized but for which no instrument of alienation has been made and published at the registry office before the said date.

The concession holder is not entitled to any indemnity or reimbursement in respect of any claim arising from the application of this section.

1998, c. 24, s. 55; 1999, c. 40, s. 178; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

116. The lessee shall pay the annual rental before the beginning of each year of his lease and comply with the conditions of the lease. The annual rental and the conditions of the lease are prescribed by regulation.

1987, c. 64, s. 116.

117. The lessee shall commence mining operations within four years from the date of the lease.

Notwithstanding the first paragraph, the Minister may, where the lessee has a valid reason for requesting it, grant an extension of time on the conditions, for the rental and for the term he determines.

1987, c. 64, s. 117.

118. The grantee shall commence mining operations within the time allotted by the Minister under any former Act relating to mines.

Notwithstanding the first paragraph, the Minister may, where the grantee has a valid reason for requesting it, grant an extension of time on the conditions, on payment of the fee and for the term he determines.

1987, c. 64, s. 118.

119. Every person who has acquired a concession for which letters patent were not issued before 1 July 1911 shall, each year from the beginning of its operation, perform work on the land subject to his concession of the nature and for the minimum cost determined by regulation. However, amounts disbursed for property examination and technical assessment work shall not be accepted beyond one-fourth of the minimum cost.

A grantee who fails to perform the required work shall pay to the Minister, before 1 February of each year, an amount equal to the minimum cost of the required work or, as the case may be, to the difference between the minimum cost and the cost of the work performed and reported.

Before 1 February each year, the grantee shall report the work performed to the Minister; the report shall contain the information and be accompanied with the documents prescribed by regulation.

1987, c. 64, s. 119; 1988, c. 9, s. 28.

120. The Minister may refuse all or part of the work reported where the documents transmitted

(1)  are incomplete or not consistent with the regulations;

(2)  do not corroborate the stated amounts or the actual cost of the work;

(3)  fail to show that the stated amounts have been disbursed solely for the performance of work;

(4)  have been falsified or contain false information;

(5)  pertain to work previously reported by the grantee or by a third person and accepted as part of another report.

1987, c. 64, s. 120.

121. Where contiguous parcels of land with a total area not exceeding 2,000 hectares have been leased by separate leases to the same person, the Minister may allow the work to be undertaken on one of the parcels of land only.

Subject to the same conditions, the Minister may grant the same authorization to a grantee referred to in section 119 and allow him to concentrate the work on one parcel of land.

1987, c. 64, s. 121.

122. A lessee or grantee may abandon his right in respect of all or part of the land subject to his lease or concession provided that

(1)  he applies therefor in writing and that, following the application, the Minister has notified all creditors having registered an instrument referred to in paragraph 3 of section 13 in the public register of real and immovable mining rights;

(2)  he has paid the duties exigible under the Mining Duties Act (chapter D‐15);

(3)  he has transmitted the plans, registers and reports referred to in section 226 to the Minister;

(4)  he has obtained the authorization of the Minister, who shall grant his authorization after consultation with the Minister of Sustainable Development, Environment and Parks and not before 30 days from the date of transmission of the notice provided for in paragraph 1;

(5)  he has complied with the other provisions of this Act and the regulations.

1987, c. 64, s. 122; 1994, c. 17, s. 75; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

123. Within 30 days from the abandonment of a lease or concession or from the expiry of a lease, the lessee or grantee shall have priority of registration, by notice of map designation, of a claim in respect of all or part of the land that was subject to the abandoned or expired title. In that case, a claim may be obtained on each part of a lot if the lease or concession covers part of a lot and the holder or grantee does not hold a claim on the other part of the lot.

Thereafter, registration under the first paragraph may be applied for by any interested person in respect of any part of the land that has not become subject to a claim pursuant to the first paragraph.

1987, c. 64, s. 123; 1998, c. 24, s. 56.

124. A grantee may obtain letters patent from the Minister in respect of the land subject to the concession on proof that the mining operations were begun within the time prescribed under section 118.

Letters patent issued over the signature of the Minister have the same force as if they had been issued and signed by the Lieutenant-Governor and the Attorney General under the Great Seal.

The letters patent shall be registered by the Minister of Justice in his capacity as Registrar of Québec.

1987, c. 64, s. 124.

125. Where letters patent contain an error concerning the area or designation of the parcel of land concerned or the name of the holder or any other clerical error, the Minister may cancel the letters patent and issue corrected letters patent having effect on the same date, unless the error is the subject of a dispute.

Where possible, the Minister may also correct letters patent without cancelling them.

1987, c. 64, s. 125.

126. The Minister shall notify the Registrar of Québec of the issue, correction or cancellation of letters patent.

Mention shall be made of any correction or cancellation in the margin of the registered letters patent together with a reference to the registration number of the correction or cancellation.

1987, c. 64, s. 126; 2000, c. 42, s. 186.

DIVISION VI SEABED EXPLORATION LICENCE AND SEABED MINING LEASE

127. The holder of a seabed exploration licence has an exclusive right to explore for mineral substances on that part of the seabed for which the licence is issued, except petroleum, natural gas and brine.

1987, c. 64, s. 127.

128. No person may mine mineral substances, except petroleum, natural gas and brine, on the seabed unless he has obtained a seabed mining lease from the Minister.

1987, c. 64, s. 128.

129. The Government may authorize the Minister generally or specially to issue a licence or grant a lease on the conditions and payment of the fee determined by the Minister.

1987, c. 64, s. 129.

DIVISION VII EXPLORATION LICENCE FOR SURFACE MINERAL SUBSTANCES

130. This division applies to licences to explore for surface mineral substances issued before 22 November 2000.

Beginning on that date, no licence to explore for surface mineral substances may be issued by the Minister.

1987, c. 64, s. 130; 1998, c. 24, s. 58.

130.1. The holder of a licence to explore for surface mineral substances has an exclusive right to explore for surface mineral substances, except sand, other than silica sand used for industrial purposes, gravel, common clay and any other mineral substance found in its natural state in the form of a loose deposit, as well as inert mine tailings used for construction purposes, in the territory for which the licence is issued.

1998, c. 24, s. 58.

131. (Repealed).

1987, c. 64, s. 131; 1998, c. 24, s. 59.

132. (Repealed).

1987, c. 64, s. 132; 1988, c. 9, s. 29; 1998, c. 24, s. 59.

133. (Repealed).

1987, c. 64, s. 133; 1990, c. 36, s. 3; 1998, c. 24, s. 59.

134. The term of a licence is two years.

The Minister shall renew the licence for the same term, provided the licensee

(1)  applies for the renewal of the licence before its date of expiry;

(2)  pays the fee prescribed by regulation;

(3)  has complied with this Act and the regulations throughout the previous term of the licence and, particularly, has performed and reported the work required under section 137;

(4)  he has, after the fourth renewal, shown to the Minister’s satisfaction that the extension is necessary to allow the technico-economic studies or testing already in progress, as defined by regulation, to be continued;

(5)  has met any other renewal requirement prescribed by regulation.

1987, c. 64, s. 134.

135. The licensee shall comply with the conditions of the licence prescribed by regulation and any other conditions imposed by the Minister, upon the issue of the licence, pursuant to section 34 or in the public interest, or because of the existence of other mining rights affecting the territory for which the licence is issued.

1987, c. 64, s. 135; 1998, c. 24, s. 60.

136. The rights and restrictions relating to exploration for mineral substances applicable to claims under sections 65 to 67, the first paragraph of section 69 and sections 70 and 71, apply, with the necessary modifications, to the licence.

1987, c. 64, s. 136; 1998, c. 24, s. 61.

137. During the term of a licence, the licensee is required to perform, in the territory for which the licence was issued, work of the nature and for the minimum cost determined by regulation. However, amounts disbursed for property examination and technical assessment work shall not be accepted beyond one-fourth of the minimum cost.

The licensee shall report the work to the Minister before the expiry of his licence; the report must contain the information and be accompanied with the documents prescribed by regulation.

1987, c. 64, s. 137; 1988, c. 9, s. 30.

138. The Minister shall refuse all or part of the work where the documents transmitted

(1)  are incomplete or not consistent with the regulations;

(2)  do not corroborate the stated amounts or the actual cost of the work;

(3)  fail to show that the stated amounts were disbursed solely for the performance of the work;

(4)  have been falsified or contain false information;

(5)  pertain to work previously reported by the licensee or a third person and accepted as part of another report.

1987, c. 64, s. 138.

139. The licensee, with the authorization of the Minister, may abandon his right in all or part of the territory for which the licence was issued provided

(1)  he applies therefor in writing;

(2)  the residual area, in the case of partial abandonment, is comprised within a single perimeter;

(3)  he has complied with the other provisions of this Act and the regulations.

Partial abandonment does not reduce the work that the licensee is required to perform under section 137 during the current term of his licence.

1987, c. 64, s. 139.

DIVISION VIII LEASE TO MINE SURFACE MINERAL SUBSTANCES

140. No person may extract or mine surface mineral substances unless he has obtained a lease to mine surface mineral substances from the Minister.

Notwithstanding the first paragraph, the Minister may authorize a person who is not a lessee to extract in a year a fixed quantity of surface mineral substances, subject to certain conditions. Every person receiving such authorization must pay the duties and royalty fixed by regulation.

1987, c. 64, s. 140; 1998, c. 24, s. 62.

141. The lease is non-exclusive where it is granted for the extraction or mining of the following substances used for construction purposes: sand, except silica sand used for industrial purposes, gravel, common clay, every other mineral substance found in its natural state as a loose deposit and inert tailings; however, the lease may be exclusive if granted to a municipality or an intermunicipal board for the construction or maintenance of its streets and road network.

The lease is exclusive where it is granted for the extraction or mining of silica sand used for industrial purposes or for surface mineral substances other than those mentioned in the first paragraph. The lease is also exclusive where it is granted for the extraction or mining of sand, gravel, common clay or a mineral substance found in its natural state as a loose deposit, if it is shown to the Minister’s satisfaction that a supply guarantee is necessary for the carrying on of an industrial activity, or a crushing activity to guarantee supplies for an industrial activity or to engage in commercial export outside Québec, or where the lease is applied for by the State for the construction or maintenance of a public highway or other State works.

1987, c. 64, s. 141; 1999, c. 40, s. 178; 1998, c. 24, s. 63; 2003, c. 15, s. 22.

142. The Minister shall grant a lease in respect of a given parcel of land to any person who meets the requirements and pays the rental prescribed by regulation.

Notwithstanding the first paragraph, no non-exclusive lease shall be granted, except to the State, where the land concerned is subject to a mining lease, a mining concession, an exclusive lease to mine surface mineral substances or, subject to the fourth paragraph, an application for such an exclusive lease, held or made by a third person.

No exclusive lease shall be granted where the land concerned is subject to a mining lease or an application for a mining lease, a mining concession, an exploration licence for surface mineral substances or an exclusive lease to mine surface mineral substances, held or made by a third person. Moreover, no exclusive lease shall be granted where the land concerned is subject to a claim or mining exploration licence held by a third person, except for the part of the land subject to a licence to explore for surface mineral substances held by the applicant, unless the lease applied for is only for the mining of a surface mineral substance referred to in paragraph 2 of section 64 or 84.1 that is excluded from the exclusive right to explore for mineral substances granted to the holder under the claim or mining exploration licence.

The Minister may refuse an application for an exclusive lease where he considers it necessary to reserve the land in order to guarantee the supply required for the carrying out of a non-exclusive lease already granted or other non-exclusive leases which may be granted subsequently.

1987, c. 64, s. 142; 1990, c. 36, s. 4; 1999, c. 40, s. 178; 1998, c. 24, s. 64.

142.1. No person may apply for an exclusive lease to mine surface mineral substances on a parcel of land that is subject to a claim the registration of which has been refused or to an abandoned, revoked, unrenewed or expired claim, before the lapse of the time fixed in the first paragraph of section 38.

However, in no case may the holder of the abandoned, revoked, unrenewed or expired claim or any person who had an interest therein, or any person whose application for the registration of a claim has been refused, apply for an exclusive lease to mine surface mineral substances, on his own behalf, on the parcel of land that was subject thereto before an additional 30-day period.

For the purposes of the second paragraph, a natural person, the person’s representatives and their employees or, in the case of a legal person, the legal person, its subsidiaries and their directors, executives, representatives and employees are deemed to constitute a single person.

Where the interested person withdraws an appeal relating to a refusal to register, a refusal to authorize work, a refusal to renew or a revocation, the period begins to run from the day a notice of discontinuance is filed in the office of the Court of Québec.

This section does not apply to an application for an exclusive lease to mine surface mineral substances on a parcel of land subject to a licence to explore for surface mineral substances held by the applicant, or to an application that concerns only the mining of a surface mineral substance referred to in paragraph 2 of section 64 that is excluded from the exclusive right to explore for mineral substances granted to the holder under the claim.

1998, c. 24, s. 65; 2003, c. 15, s. 23.

143. A non-exclusive lease is not transferable.

1987, c. 64, s. 143.

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.

145. The parcel of land subject to an exclusive lease must be comprised within a single perimeter and its area, as determined by the Minister, must not exceed 100 hectares. However, in the case of an exclusive lease to produce peat, the area must not exceed 300 hectares.

Notwithstanding the first paragraph, the Minister, taking the projected rate of production and the capacity of the operation into account, may grant an exclusive lease to produce peat on a parcel of land of an area in excess of 300 hectares to guarantee a supply of peat for a period of approximately 50 years.

1987, c. 64, s. 145; 1990, c. 36, s. 5.

146. At the beginning of each year of the lease, the Minister may grant the lessee of an exclusive lease an increase in the area of the territory covered by the lease, provided

(1)  the added land is contiguous to that territory;

(1.1)  the lessee, in the case of sand, gravel, common clay or a mineral substance found in its natural state as a loose deposit, establishes to the satisfaction of the Minister that the increase is necessary in order to carry on an activity during the current term of his lease;

(2)  the total area of the land is consistent with the requirements of section 145;

(3)  the lessee has paid the fees prescribed by regulation and complied with the other provisions of this Act and the regulations.

1987, c. 64, s. 146; 1990, c. 36, s. 6; 1998, c. 24, s. 67.

147. A non-exclusive lease is effective from the date the registrar issues a certificate of registration of the lease and ends on 31 March of the year following the year in which the certificate of registration is issued.

The Minister shall renew a non-exclusive lease for one year, provided the lessee

(1)  applies therefor before the date of expiry of the lease;

(2)  has paid the rental prescribed by regulation;

(3)  has complied with this Act and the regulations throughout the previous term of his lease and, particularly, has made the reports required under section 155;

(4)  has met any other renewal requirement prescribed by regulation.

Notwithstanding the foregoing, the renewal shall be refused where the land concerned was, during the preceding term of the lease, subject to a mining lease held by a third person.

1987, c. 64, s. 147; 1990, c. 36, s. 7; 1998, c. 24, s. 68.

148. The term of an exclusive lease fixed by the Minister may not exceed 10 years. The Minister shall fix the term of the lease on the basis of the anticipated duration of the activities to which the application for extraction or mining pertains. However, the term of an exclusive lease to produce peat is 15 years.

The Minister shall renew an exclusive lease, by mere notice, for a term not exceeding five years, provided the lessee

(1)  applies therefor 60 days or more before the expiry of the lease or, on payment of an additional amount prescribed by regulation, within 60 days before the expiry of the lease;

(2)  has carried on mining operations for at least 1/5 of the term of his lease;

(3)  has paid the rental prescribed by regulation;

(4)  has complied with this Act and the regulations throughout the previous term of his lease;

(5)  has met any other renewal requirement prescribed by regulation.

Notwithstanding the foregoing, an exclusive lease for the production of peat shall be renewed for a period of 15 years.

Upon renewing an exclusive lease for the extraction or mining of sand, gravel, common clay or mineral substances found in their natural state as a loose deposit, the Minister may alter the area covered by the lease if he considers it necessary in order to reserve an area of land to guarantee the supply required for the purposes of non-exclusive leases which may be granted subsequently, provided the alteration does not, during the period of renewal of the exclusive lease, adversely affect the carrying on of the activity of the lessee under an exclusive lease.

The renewal shall be refused for the extraction or mining of sand, gravel, common clay or mineral substances found in their natural state as a loose deposit where the Minister is of opinion that the supply guarantee is no longer necessary for the carrying on of the activity to which the application for extraction or mining pertains.

1987, c. 64, s. 148; 1990, c. 36, s. 8; 1998, c. 24, s. 69.

149. The lessee has access to the parcel of land subject to his lease and he may extract or mine surface mineral substances thereon.

However, on land granted, alienated or leased by the State for purposes other than mining purposes, the rights referred to in the first paragraph may be exercised only as provided in section 235.

1987, c. 64, s. 149; 1999, c. 40, s. 178.

150. Any part of a watercourse with a natural force equal to or greater than 225 kilowatts at its ordinary flow during 6 months together with a strip of land 20 metres in width on each side of the watercourse shall be excluded from the lease and reserved to the State.

The Minister may add to the reserve any area he considers necessary for the development and utilization of the waterpower. Where such an addition is made after the granting of a lease on the land concerned, compensation shall be paid to the lessee.

Notwithstanding the foregoing, the Minister may, subject to certain conditions, authorize the lessee to extract or mine surface mineral substances on the reserved land.

1987, c. 64, s. 150; 1988, c. 53, s. 4; 1999, c. 40, s. 178.

151. Sand, stone and gravel for the construction or maintenance of the works of the State may be extracted from lands forming part of the domain of the State without compensation to the lessee.

1987, c. 64, s. 151; 1999, c. 40, s. 178.

151.1. No exclusive lease may be granted in respect of land that is subject to one or several non-exclusive leases at the time the application is made, unless the person applying for the exclusive lease has, beforehand, reached an agreement with each lessee under a non-exclusive lease as to the amount of and the terms and conditions applicable to the compensation he is entitled to receive.

When an agreement has been reached with every lessee under a non-exclusive lease concerned, the Minister shall transmit to each lessee a notice informing him that, notwithstanding section 147, his lease expires 90 days after the date of the notice. The Minister shall grant the exclusive lease at the expiry of the period of 90 days.

Any dispute concerning the determination of the amount of and the terms and conditions applicable to the compensation shall be submitted to arbitration at the request of the person applying for the exclusive lease or of a lessee under a non-exclusive lease, in accordance with the provisions of Book VII of the Code of Civil Procedure (chapter C-25). The decision of the arbitrator shall have the effect of an agreement between the parties.

1990, c. 36, s. 9.

152. The lessee shall comply with the conditions of the lease prescribed by regulation and any other condition imposed on him by the Minister upon the granting of the lease, in the public interest or because of the existence of other mining rights in the land in respect of which the lease has been granted.

1987, c. 64, s. 152.

153. Every lessee under an exclusive lease shall commence his operations within the time indicated in the lease.

1987, c. 64, s. 153.

154. Every lessee shall keep detailed records of his operations including a copy of all documents relating to the alienation and shipment of extracted substances.

1987, c. 64, s. 154.

155. On the dates fixed by regulation, the lessee shall transmit to the Minister a report indicating the quantity of surface mineral substances extracted and the quantity of those alienated. The report must be submitted with the royalty fixed by regulation, where applicable.

Notwithstanding the first paragraph, the Minister may, in the cases provided for by regulation, allow a lessee to transmit one yearly report on the date fixed by the Minister or require the holder of a non-exclusive lease to transmit monthly reports on the dates fixed by the Minister.

No royalties are payable on sand, gravel and stone extracted from a sand pit or quarry for the construction or maintenance, on lands in the domain of the State, of

(1)  a mining road;

(2)  a forest road within the meaning of section 31 of the Forest Act (chapter F-4.1) by the holder of a management permit issued under section 85 or 104.2 of the said Act;

(3)  a public highway constructed or maintained by the State, where the State holds a lease to mine surface mineral substances.

1987, c. 64, s. 155; 1999, c. 40, s. 178; 1998, c. 24, s. 70; 2001, c. 6, s. 144.

156. The lessee under an exclusive lease may abandon his right in all or part of the parcel of land that is subject to his lease, provided that

(1)  he applies therefor in writing and that, following the application the Minister has notified all creditors having registered an instrument referred to in paragraph 3 of section 13 in the public register of real and immovable mining rights;

(2)  the residual area, in the case of partial abandonment, is comprised within a single perimeter;

(3)  he has obtained the authorization of the Minister who shall grant his authorization after consultation with the Minister of Sustainable Development, Environment and Parks and not before 30 days from the date of transmission of the notice provided for in paragraph 1;

(4)  he has complied with the other provisions of this Act and the regulations.

1987, c. 64, s. 156; 1994, c. 17, s. 75; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

DIVISION IX LICENCE FOR GEOPHYSICAL SURVEYING

157. No person may make a geophysical survey to determine whether geological conditions are favourable to exploration for petroleum, natural gas, brine or underground reservoirs unless he holds a licence for geophysical surveying issued by the Minister.

The words “geophysical surveying” mean any method of exploration for petroleum, natural gas, brine or underground reservoirs by indirect measurement of the physical features of the subsoil effected above or on the surface, particularly seismic reflection, seismic refraction, gravimetric, magnetic, resistivity or geochemical surveying and any other indirect method used to determine any feature of the subsoil.

1987, c. 64, s. 157.

158. The licence shall be issued in respect of a given territory to any person who meets the requirements prescribed by regulation.

The licence is not transferable.

1987, c. 64, s. 158.

159. The licensee shall comply with the conditions of the licence prescribed by regulation.

Within one year after the geophysical survey is made, the licensee shall transmit to the Minister a report in the form and accompanied with the documents prescribed by regulation.

1987, c. 64, s. 159; 1988, c. 9, s. 32.

DIVISION X WELL DRILLING LICENCE, WELL COMPLETION LICENCE AND WELL CONVERSION LICENCE

160. No person may drill a well to explore for, or produce petroleum, natural gas or brine or to explore for or operate an underground reservoir unless he holds, for each drilling, a well drilling licence issued by the Minister.

No person may complete or convert such a well unless he holds, for each completion or conversion, a well completion or well conversion licence issued by the Minister.

1987, c. 64, s. 160.

161. The licence shall be issued to any person who meets the requirements prescribed by regulation.

The Minister shall refuse to issue a licence where the applicant is not already the holder of a licence to explore for or a lease to produce petroleum and natural gas or brine or to operate underground reservoirs, with respect to the land that is the subject of the licence application.

The licence is not transferable.

1987, c. 64, s. 161.

162. The licensee shall comply with the conditions of the licence prescribed by regulation.

Within one year after the end of the drilling of a well, the licensee shall transmit to the Minister a report in the form and accompanied with the documents prescribed by regulation.

1987, c. 64, s. 162.

163. Where drilling is temporarily or permanently discontinued, the licensee shall close the well in accordance with section 164 or complete it.

1987, c. 64, s. 163; 1988, c. 9, s. 33.

164. A person exploring for or producing petroleum, natural gas or brine or exploring for or operating an underground reservoir may discontinue operations in respect of a well at any time provided

(1)  he gives prior notice in writing to the Minister;

(2)  he has met the requirements relating to the closing of a well prescribed by regulation;

(3)  he has obtained the authorization of the Minister, granted after consultation with the Minister of Sustainable Development, Environment and Parks;

(4)  he has registered, in the registry office, a declaration of the existence and location of the closed well. The declaration shall be registered in the register of real rights of State resource development and, where applicable, in the file relating to the immovable affected by the well, either in the index of immovables or in the register of public service networks and immovables situated in territory without a cadastral survey.

1987, c. 64, s. 164; 1988, c. 9, s. 34; 1994, c. 17, s. 75; 1999, c. 36, s. 158; 1998, c. 24, s. 75; 2000, c. 42, s. 187; 2006, c. 3, s. 35.

DIVISION XI EXPLORATION LICENCE FOR PETROLEUM AND NATURAL GAS, EXPLORATION LICENCE FOR BRINE AND EXPLORATION LICENCE FOR UNDERGROUND RESERVOIRS

165. No person may explore for petroleum or natural gas, brine or underground reservoirs unless he holds, as the case may be, an exploration licence for petroleum and natural gas, an exploration licence for brine or an exploration licence for underground reservoirs issued by the Minister.

1987, c. 64, s. 165.

166. The licence shall be issued, in respect of a given territory, to any person who meets the requirements and pays the annual fee prescribed by regulation.

The fee shall be reduced to one-third where the applicant is, with respect to the same territory, a licensee under another licence issued pursuant to this division for which no fee reduction has ever been granted.

Notwithstanding the foregoing, the Minister shall refuse to issue

(1)  an exploration licence for petroleum and natural gas or an exploration licence for brine where the territory concerned is subject to a time limit or a call for tenders pursuant to section 289 for the granting of any mining right relating to petroleum and natural gas or brine;

(2)  an exploration licence for underground reservoirs where the territory is subject to a time limit or a call for tenders under section 289 for the granting of such a right.

The Minister shall also refuse to issue, unless the third person agrees to it, an exploration licence for petroleum and natural gas or an exploration licence for brine where the territory concerned is subject to a lease to mine any of those substances or to an application for such a lease held or made by a third person.

1987, c. 64, s. 166.

167. Where a person applies for an exploration licence for petroleum and natural gas, an exploration licence for brine or an exploration licence for underground reservoirs with respect to a territory already subject to such a licence held by a third person, the Minister shall first offer the exploration licence applied for to that third person.

If the third person refuses the exploration licence, the Minister may issue it, in accordance with this division, to the person having applied for it.

1987, c. 64, s. 167.

168. The territory subject to a licence must be comprised within a single perimeter and its area must not exceed 25,000 hectares.

1987, c. 64, s. 168.

169. The term of the licence is five years.

The Minister shall renew the licence for a term of one year, not more than five times, in respect of all or part of the territory for which the licence had been issued, provided the licensee.

(1)  applies therefor before the date of expiry of the licence;

(2)  has paid the fee prescribed by regulation;

(3)  has complied with this Act and the regulations throughout the previous term of his licence;

(4)  has met any other renewal requirement prescribed by regulation.

The fee shall be reduced to one-third where the applicant for the renewal is, with respect to the same territory, a licensee under another licence issued pursuant to this division for which no fee reduction has ever been granted.

1987, c. 64, s. 169.

169.2. The Minister may, on his own initiative or at the request of any interested person, suspend the term of the licence on the conditions he determines,

(1)  for any period during which the validity of the licence is contested;

(2)  for any period fixed by the Minister, when the licence holder is prevented from performing the work prescribed by section 177;

Not in force

(3)  until the Minister has rendered a decision pursuant to section 169.1.

1998, c. 24, s. 82.

170. Every licensee has access to the territory described in his lease and he may perform any exploration work thereon.

However, on land granted, alienated or leased by the State for purposes other than mining purposes, the rights referred to in the first paragraph may be exercised only as provided in section 235.

1987, c. 64, s. 170; 1999, c. 40, s. 178.

171. Any underground reservoir that is subject to a lease to operate an underground reservoir, an application for such a lease or to a time limit or a call for tenders under section 289 shall be excluded from an exploration licence for underground reservoirs.

1987, c. 64, s. 171.

172. The licensee shall pay the annual fee before the beginning of each year of the term of his licence and shall comply with the conditions of the licence. The annual fee and the conditions of the licence are prescribed by regulation.

1987, c. 64, s. 172.

173. The licensee, with the authorization of the Minister, may perform exploration work for petroleum, natural gas, brine or underground reservoirs, as the case may be, in a territory bordering on the territory subject to his licence, provided the proposed exploration work is necessary to gain better knowledge of the territory subject to his licence.

1987, c. 64, s. 173.

174. No holder of an exploration licence for petroleum and natural gas or an exploration licence for brine may extract or dispose of petroleum, natural gas or brine except during the trial period and subject to the conditions prescribed by regulation.

1987, c. 64, s. 174.

175. No holder of an exploration licence for underground reservoirs may use an underground reservoir except during the trial period and subject to the conditions prescribed by regulation.

The Minister may extend the trial period for another period of the same duration on the same conditions, provided that the holder

(1)  applies therefor in writing;

(2)  has complied with the conditions prescribed by regulation throughout the previous trial period.

1987, c. 64, s. 175; 1988, c. 9, s. 35.

176. The holder of an exploration licence for petroleum and natural gas, an exploration licence for brine or an exploration licence for underground reservoirs shall notify the Minister in writing upon discovering a deposit of petroleum, natural gas or brine in the territory subject to his licence and give him detailed information on the nature and location of the deposit.

Within three months after the discovery, the licensee shall, at the request of the Minister, transmit an assessment of the economic potential of the deposit.

Within six months after the production of an assessment confirming the presence of an economically workable petroleum or natural gas deposit, the holder of an exploration licence for petroleum and natural gas, an exploration licence for brine or an exploration licence for underground reservoirs shall transmit to the Minister an application for a lease to produce petroleum and natural gas. The holder of an exploration licence for brine shall, subject to the same conditions with respect to a brine deposit, transmit to the Minister an application for a lease to produce brine.

1987, c. 64, s. 176.

177. Subject to sections 178 and 180 to 183, the licensee shall perform each year, in the territory subject to his licence, work of the nature and for the minimum cost determined by regulation.

The required work shall be reduced to one-third where the licensee is, with respect to the same territory, a licensee under another licence issued pursuant to this division for which no work reduction has ever been granted.

The licensee shall report the work to the Minister within six months after the end of the year in which the work was performed; the report shall be in the form and accompanied with the documents prescribed by regulation.

1987, c. 64, s. 177.

178. The Minister may exempt a licensee from all or part of the required work he did not perform within the prescribed time, provided

(1)  he informs the Minister in writing, before the end of the year for which the work was required, of the reasons why he did not perform the work;

(2)  he pays an amount equal to the minimum cost of the work he was required to perform or, where such is the case, an amount equal to the difference between the minimum cost and that of the work performed and reported.

The Minister may also authorize the licensee to perform all or part of the required work the following year, in addition to the work required for that year, provided he informs the Minister in writing of the reasons he was unable to perform the work and furnishes security covering the cost of the work remaining to be performed for the two years. The security shall be returned to the licensee on the Minister’s acceptance of the report pertaining to the work.

1987, c. 64, s. 178.

179. The Minister shall refuse all or part of the work reported where the documents transmitted

(1)  are incomplete or not consistent with the regulations;

(2)  do not corroborate the stated amounts or the actual cost of the work;

(3)  fail to show that the stated amounts were disbursed solely for the performance of work;

(4)  have been falsified or contain false information;

(5)  pertain to work already reported by the licensee or a third person and accepted as part of another report.

1987, c. 64, s. 179.

180. The holder of several exploration licences for petroleum and natural gas may group all the territories that are subject to such licences and, in his report, may apply the work he has performed to those territories in the proportion he determines, provided

(1)  he informs the Minister thereof in writing;

(2)  the territories are contiguous or located in part within a radius of 40 kilometres;

(3)  the total area does not exceed 75,000 hectares.

The same rules apply to the holder of several exploration licences for brine or several exploration licences for underground reservoirs.

1987, c. 64, s. 180.

181. Any amount disbursed to perform work in excess of the prescribed requirements may be applied to subsequent years of the term of a licence provided a detailed statement of the amounts disbursed, certified by a chartered accountant, is furnished by the licensee to the Minister within six months after the end of the year in which the work is performed.

The excess is also applicable, at half-value, to any renewed term of the licence.

1987, c. 64, s. 181.

182. The excess of the amounts disbursed for work performed prior to the abandonment of part of the territory subject to the licence is reduced proportionately to the abandoned area and is applicable to the residual area.

1987, c. 64, s. 182.

183. In his report, the licensee may include work performed in accordance with section 173 outside the territory subject to his licence.

1987, c. 64, s. 183.

184. The licensee, with the authorization of the Minister, may abandon his right in all or part of the territory subject to his licence, provided

(1)  he applies therefor in writing;

(2)  the residual area, in the case of partial abandonment, is comprised within a single perimeter;

(3)  he has complied with the conditions for the discontinuation of operations in respect of a well set out in section 164, where such is the case, unless the Minister decides otherwise;

(4)  he has complied with the other provisions of this Act and the regulations.

Partial abandonment does not reduce the work the licensee is required to perform during the year of the abandonment.

1987, c. 64, s. 184; 1988, c. 9, s. 36.

DIVISION XII LEASE TO USE NATURAL GAS

185. No person may use natural gas discovered by him on his land unless he has obtained from the Minister a lease to use natural gas.

1987, c. 64, s. 185.

186. The Minister shall grant a lease to use natural gas, in respect of a given well, to any person who meets the requirements and pays the annual rental prescribed by regulation.

Notwithstanding the first paragraph, no lease to use natural gas shall be granted, unless the third person agrees to it, where the parcel of land in which the natural gas is discovered is already subject to a licence or a lease relating to petroleum and natural gas, brine or an underground reservoir held by a third person.

1987, c. 64, s. 186.

187. In no case may the lease be transferred except to a subsequent purchaser of the parcel of land.

1987, c. 64, s. 187.

188. The term of the lease is 20 years.

The Minister shall renew the lease for a term of 10 years, not more than three times, provided the lessee

(1)  applies therefor before the date of expiry of the lease;

(2)  has paid the annual rental prescribed by regulation;

(3)  has complied with this Act and the regulations throughout the previous term of his lease;

(4)  has met any other renewal requirement prescribed by regulation.

Notwithstanding the foregoing, after the third renewal of the lease, the Minister may grant an extension thereof on the conditions, for the rental and for the term he determines, where the lessee shows to his satisfaction that the deposit is not yet depleted.

1987, c. 64, s. 188.

189. The lessee may use the natural gas only to meet the energy requirements of his residence.

1987, c. 64, s. 189.

190. The Minister may cancel a lease to use natural gas where he grants a lease to produce petroleum and natural gas, a lease to produce brine or a lease to operate an underground reservoir in respect of the parcel of land containing the well.

The lessee under the latter lease shall pay to the person whose lease to use natural gas has been cancelled compensation based on the investments made to produce natural gas and a lump sum computed as prescribed by regulation.

1987, c. 64, s. 190.

191. The lessee shall pay the annual rental before the beginning of each year of the term of his lease and comply with the conditions of the lease. The annual rental and the conditions of the lease are prescribed by regulation.

1987, c. 64, s. 191.

192. The lessee, with the authorization of the Minister, may abandon his right, provided

(1)  he applies therefor in writing;

(2)  he has complied with the conditions for the discontinuation of operations in respect of a well set out in section 164, where such is the case;

(3)  he has complied with the other provisions of this Act and the regulations.

1987, c. 64, s. 192; 1988, c. 9, s. 37.

DIVISION XIII LEASE TO PRODUCE PETROLEUM AND NATURAL GAS, LEASE TO PRODUCE BRINE AND LEASE TO OPERATE AN UNDERGROUND RESERVOIR

193. No person may produce petroleum or natural gas, or brine, or operate an underground reservoir unless he has obtained from the Minister a lease to produce petroleum and natural gas, a lease to produce brine or a lease to operate an underground reservoir, as the case may be.

Not in force

No person may produce brine without the prior authorization of the Minister.

1987, c. 64, s. 193; 1998, c. 24, s. 93.

194. The Minister shall grant a lease in respect of a given parcel of land or underground reservoir to any person who establishes the presence of an economically workable deposit or operable underground reservoir, as the case may be, and meets the requirements and pays the annual rental fixed in accordance with section 202.

Notwithstanding the foregoing, the Minister shall refuse to grant

(1)  a lease to produce petroleum and natural gas or a lease to produce brine where the land is subject to a time limit or a call for tenders pursuant to section 289 for the granting of any mining right relating to petroleum, natural gas or brine;

(2)  a lease to operate an underground reservoir where the underground reservoir is subject to a time limit or a call for tenders pursuant to section 289 for the granting of such rights.

The Minister shall also refuse to grant, unless the third person agrees,

(1)  a lease to produce petroleum and natural gas or a lease to produce brine where the territory is subject to an exploration licence for any of those substances, a lease to produce any of those substances or to an application for such a lease, held or made by a third person;

(2)  a lease to operate an underground reservoir, where the underground reservoir is subject to such a lease or to an application for such a lease held or made by a third person or where the territory containing the underground reservoir is subject to a licence to explore for underground reservoirs.

1987, c. 64, s. 194.

195. The parcel of land subject to a lease to produce petroleum and natural gas or a lease to produce brine must be comprised within a single perimeter and its area must not be less than 200 hectares nor more than 2,000 hectares.

Notwithstanding the first paragraph, the Minister may grant a lease in respect of a parcel of land of an area of less than 200 hectares if it includes the estimated area of the deposit.

1987, c. 64, s. 195.

196. The parcel of land containing an underground reservoir in respect of which a lease to operate an underground reservoir is granted must be comprised within a single perimeter determined by the vertical projection, on the surface, of the perimeter of the underground reservoir and the perimeter of the protected area prescribed by regulation. The area of the parcel of land must not be less than 200 hectares nor more than 2,000 hectares.

Notwithstanding the first paragraph, the Minister may grant a lease in respect of a parcel of land having an area of less than 200 hectares if the estimated area of the underground reservoir and protected area are comprised therein.

1987, c. 64, s. 196.

197. The size of an underground reservoir is determined on the basis of the assumption that a reservoir is limited at the top and at the base by stratigraphic formations.

1987, c. 64, s. 197.

198. The area of the territory that is the subject of an exploration licence for petroleum and natural gas or an exploration licence for brine is reduced by the area of any land held under a lease.

The work to be performed during the year in the territory is reduced proportionately to the area of the land held under the lease.

1987, c. 64, s. 198.

199. The term of a lease is 20 years.

The Minister shall renew the lease for a term of 10 years, not more than three times, provided the lessee

(1)  applies therefor before the expiry of the lease;

(2)  has paid the annual rental prescribed by regulation;

(3)  has complied with this Act and the regulations throughout the previous term of his lease;

(4)  has met any other renewal requirement prescribed by regulation.

Notwithstanding the foregoing, after the third renewal of the lease, the Minister may grant an extension thereof on the conditions, for the rental and for the term he determines where the deposit or underground reservoir, as the case may be, is still economically workable or operable.

1987, c. 64, s. 199.

200. Every lessee has access to the parcel of land or underground reservoir subject to his lease and he may perform any work to produce petroleum and natural gas or to operate the reservoir.

However, on land granted, alienated or leased by the State for purposes other than mining purposes, the rights referred to in the first paragraph may be exercised only as provided in section 235.

1987, c. 64, s. 200; 1999, c. 40, s. 178.

201. Any underground reservoir that is subject to a lease to operate an underground reservoir, an application for such a lease or to a time limit or a call for tenders contemplated in section 289 is excluded from a lease to produce petroleum and natural gas or a lease to produce brine.

1987, c. 64, s. 201.

202. The holder of a lease to produce petroleum or natural gas or of a lease to produce brine shall pay, before the beginning of each year of the term of the lease, the annual rental prescribed by regulation.

Every lessee under a lease to operate an underground reservoir shall pay, before the beginning of each year of the term of the lease, the annual rental determined by the Minister according to the criteria prescribed by regulation.

Every lessee shall comply with the conditions of the lease prescribed by regulation.

Every lessee shall commence working the deposit or operating the reservoir, as the case may be, within the time indicated in his lease by the Minister.

1987, c. 64, s. 202.

203. In no case may a lessee begin a pilot or experimental production project or enhanced recovery operations unless he has obtained the authorization of the Minister.

In no case may a lessee under a lease to produce petroleum or natural gas or a lease to produce brine suspend production for more than thirty days except for reasons considered valid by the Minister.

1987, c. 64, s. 203.

204. Every lessee under a lease to produce petroleum and natural gas or under a lease to produce brine shall transmit to the Minister, within the first twenty-five days of each month, a report in the prescribed form showing the quantity and well head value of the petroleum, natural gas or brine extracted during the previous calendar month and the other information prescribed by regulation.

He shall, at the same time, pay to the Minister the royalty prescribed by regulation, which shall not be less than 5% nor more than 17% of the well head value of the petroleum, natural gas or brine extracted.

No royalty is payable on petroleum, natural gas or brine used on the premises by the lessee for drilling or production purposes or on flared natural gas.

1987, c. 64, s. 204.

205. Every lessee under a lease to operate an underground reservoir shall transmit to the Minister, within the first 25 days of each month, a report showing the nature and quantity of substances or products or residues injected or withdrawn during the previous calendar month.

1987, c. 64, s. 205.

206. The lessee may abandon his right in an underground reservoir or in or on all or part of the land in respect of which a lease to produce petroleum and natural gas or a lease to produce brine has been granted, provided

(1)  he applies therefor in writing and following the application, the Minister has notified the creditors who have registered an instrument referred to in paragraph 3 of section 13 in the public register of real and immovable mining rights;

(2)  the residual area, in the case of partial abandonment, is comprised within a single perimeter and, unless otherwise authorized by the Minister, is at least 200 hectares;

(3)  he has complied with the conditions for the discontinuation of operations in respect of a well set out in section 164, where such is the case, unless the Minister decides otherwise;

(4)  he has obtained the authorization of the Minister who shall grant his authorization after consultation with the Minister of Sustainable Development, Environment and Parks and not before 30 days from the date of transmission of the notice provided for in paragraph 1;

(5)  he has complied with the other provisions of this Act and the regulations.

1987, c. 64, s. 206; 1988, c. 9, s. 38; 1994, c. 17, s. 75; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

DIVISION XIV PROVISIONS APPLICABLE TO THE HOLDER OF A MINING RIGHT

207. A staking notice, an application for a licence, a lease or an authorization under section 32, 33 or 194.1, a report, an application for exemption from the work required under this Act, or an application for the renewal or conversion of a mining right, is deemed to have been forwarded, filed or received on the date on which it is received at the office of the registrar or at a regional office designated by ministerial order. A notice of map designation is deemed to have been filed on the date on which it is received at the office of the registrar or, if it is filed in person at a regional office designated by ministerial order, on the date on which it is received at that office.

Where a parcel of land already subject to a licence to explore for surface mineral substances or to a claim obtained by staking registered in favour of a third person is staked or map designated on the same day as that on which an application for the conversion of mining rights is filed by the third person under subdivision 5 of Division III of this chapter, the parcel of land is deemed, for the purposes of section 29, to have been staked or map designated after the filing of the application for conversion.

Applications for a licence, a lease or an authorization under section 32, 33 or 194.1 are admitted according to the order in which they are received at the office of the registrar or a regional office designated by ministerial order. Staking notices are admitted according to the date and time of the staking. Notices of map designation are admitted according to the order in which they are received at the office of the registrar or, if they are filed in person at a regional office designated by ministerial order, according to the order in which they are received at that office.

Applications for a licence, lease or authorization under section 32 or 33, where they relate to the same parcel of land and are received on the same day, shall be admitted in the order established by a drawing of lots. Every person who intends to take part in the drawing of lots must, beforehand, pay the duties fixed by regulation and comply with the conditions for participation prescribed by regulation.

However, applications for a licence or lease relating to petroleum, natural gas or underground reservoirs, and authorizations to produce brine, shall be admitted in the order established by a drawing of lots or a call for tenders, as decided by the Minister.

1987, c. 64, s. 207; 1988, c. 9, s. 39; 1990, c. 36, s. 10; 1998, c. 24, s. 103; 2003, c. 15, s. 24.

This section is not in force with respect to applications for a licence or lease relating to petroleum, natural gas, brine or underground reservoirs. (1998, c. 24, s. 103; Order in Council 1041-2000 dated 30 August 2000, (2000) 132 G.O. 2, 4508).

207.1. Where a situation referred to in the first paragraph of section 38, the second paragraph of section 123 or the first paragraph of section 267 or 288 occurs, or where the Minister intends to revoke the withdrawal of land from staking, map designation, mining exploration or mining operation under subparagraph 1 of the first paragraph of section 304, the Minister may decide that the notices of map designation that relate to the same parcel of land and that are received on the first day on which a notice may be filed will be admitted according to the order established by a drawing of lots. The Minister’s decision must be made before the time limits provided for in the first paragraph of sections 38 and 123 have expired, before the date on which a revocation of mining rights pursuant to section 261 or a revocation of mining rights referred to in the first paragraph of section 288 becomes executory, or before the withdrawal of land is revoked, as the case may be.

The Minister may also, where a situation occurs that prevents the order of receipt of notices of map designation from being established in accordance with the third paragraph of section 207, decide that the notices of map designation whose order of receipt cannot be determined will be admitted according to the order established by a drawing of lots.

Every person who intends to take part in the drawing of lots must, beforehand, pay the duties fixed by regulation and comply with the conditions for participation prescribed by regulation.

1998, c. 24, s. 103.

This section is not in force with respect to applications for a licence or lease relating to petroleum, natural gas, brine or underground reservoirs. (1998, c. 24, s. 103; Order in Council 1041-2000 dated 30 August 2000, (2000) 132 G.O. 2, 4508).

208. Every parcel of land subject to a mining right is limited on the surface by its perimeter, and in depth by the vertical projection of its perimeter.

1987, c. 64, s. 208.

209. The holder of a mining right shall assume, with respect to the parcel of land that is subject to his right, any costs incurred for surveying, the determination or demarcation of boundaries and topographical surveys by means of aerial photography or otherwise.

The documents, reports and minutes relating to such operations shall be transmitted to the Minister with diligence after they are conducted.

1987, c. 64, s. 209.

210. Any survey required by the Minister or prescribed by this Act or the regulations to establish the boundaries and official description of a parcel of land subject to a mining right shall be carried out by a land surveyor.

The surveyor shall comply with the surveying standards prescribed by regulation and act according to the instructions of the Minister.

1987, c. 64, s. 210; 1988, c. 9, s. 40.

211. Where a person is in illegal possession of any parcel of land that is subject to a mining right on land of the domain of the State refuses to relinquish possession, the Minister, or the holder of a right to engage in mining or production, may apply to a judge of the Superior Court for an order in the form of a writ of possession.

In such a case, sections 60 to 62 of the Act respecting lands in the domain of the State (chapter T-8.1) apply, adapted as required.

1987, c. 64, s. 211; 1999, c. 40, s. 178.

212. No compensation may be claimed by the holder of a mining right from another holder of a mining right

(1)  for the depositing of tailings, pursuant to paragraph 2 of section 236, section 239 or 241, on the parcel of land that is subject to his right except in the case of a mining lease or a mining concession;

(2)  for the depositing of sand, clay, stones or other materials resulting from the draining or diversion of a watercourse pursuant to section 237 or paragraph 4 of section 238.

1987, c. 64, s. 212.

213. The holder of a mining right may, in order to construct buildings or perform any other operation required for his mining activities, cut timber forming part of the domain of the State on the parcel of land that is subject to his right, in accordance with the rules set forth in the Forest Act (chapter F-4.1) and the regulations.

However, the rules referred to above do not apply to a person who effects line cutting not exceeding one metre in width.

Similarly, except in the case of the strip of woodland referred to in section 27 of the Forest Act, the rules apply neither to a person cutting trenches or performing other excavations nor to a person carrying out drilling work, provided he has obtained prior authorization from the Minister responsible for the administration of the Forest Act and complies with the following conditions:

(1)  the total area of the trenches or other excavations, added, as the case may be, to the total area of excavations already carried out by another holder of a mining right, shall not exceed 2% of the wooded area of the parcel of land in question;

(2)  the area affected by the cutting of timber, which is required for drilling work, added, as the case may be, to the area affected by cutting already carried out by another holder of a mining right on the same conditions, shall not exceed 2% of the wooded area of the parcel of land in question.

The said Minister may make his authorization subject to such other conditions and obligations as he may establish jointly with the Minister responsible for the administration of this Act.

Moreover, the rules referred to in the first paragraph do not apply to a person who, in order to stake a parcel of land in accordance with section 44, must cut timber forming part of the domain of the State.

Notwithstanding the foregoing, in any area classified as an exceptional forest ecosystem in accordance with section 24.4 of the Forest Act, the holder of the mining right must follow the rules set forth in that Act.

1987, c. 64, s. 213; 1988, c. 9, s. 41; 1999, c. 40, s. 178; 2001, c. 6, s. 145.

213.1. The holder of a mining right who obtains an authorization under section 213 shall scale the harvested timber in accordance with section 26 of the Forest Act (chapter F-4.1) and pay the duties prescribed by the minister responsible for the administration of that Act as regards the harvest of timber.

The dues correspond to the product obtained by multiplying the harvested volume by the unit rate established under section 72 of the Forest Act, unless the Government, by regulation, fixes another unit rate or determines a rule of calculation in respect of such dues.

1988, c. 73, s. 74; 2001, c. 6, s. 146.

213.2. The Minister may subject mining rights or the renewal of mining rights to the conditions and obligations he determines where the land subject to such rights is situated in a territory delimited, by ministerial order, for non-exclusive purposes of recreation, tourism or plant-life or wildlife conservation or the preservation of an exceptional forest ecosystem classified by the Minister.

1991, c. 23, s. 3; 2001, c. 6, s. 147.

214. In the event of the death of the holder of a mining right and on the application of his successors received before the expiry date of the mining right, the Minister may extend the term of the right for one year and suspend for that year the obligations entailed by the right.

1987, c. 64, s. 214.

215. Maps, reports and other documents showing the results of work performed pursuant to section 72, 94 or 137 may be examined by any person upon their acceptance by the Minister.

Maps, reports and other documents showing the results of geophysical surveying or drilling work performed pursuant to section 159 or 162 may be examined by any person two years after their acceptance by the Minister.

Notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person has access, before the abandonment, revocation or expiry of the mining concession, licence or lease for which they were made or drawn up, to the maps, reports and other documents contemplated in section 119 or required with respect to a mining right relating to petroleum and natural gas, brine or an underground reservoir. After such abandonment, revocation or expiry, the maps, reports and other documents may be examined by any person.

1987, c. 64, s. 215; 1988, c. 9, s. 42; 1990, c. 36, s. 11.

216. Within 30 days after the abandonment, revocation or expiry of his right, the holder of a claim, mining exploration licence or exploration licence for surface mineral substances shall remove all his property from the parcel of land that was subject to his right.

Subject to the first paragraph of section 123, the holder of a mining lease or mining concession shall, within one year after the abandonment, revocation or expiry of his right, remove all his property and any extracted ore from the parcel of land that was subject to his right. On written application, the Minister may grant him an extension subject to the conditions he determines.

Once the time is expired, the property and ore remaining on land of the domain of the State shall, of right, form part of the domain of the State or may be removed by the Minister at the expense of the holder of the mining right.

1987, c. 64, s. 216; 1999, c. 40, s. 178.

CHAPTER IV GENERAL PROVISIONS GOVERNING PERSONS CARRYING ON MINING ACTIVITIES

DIVISION I APPLICATION AND INTERPRETATION

217. This chapter applies to the mineral substances and underground reservoirs referred to in section 18 and to mineral substances that are not part of the domain of the State.

1987, c. 64, s. 217; 1999, c. 40, s. 178.

218. In this chapter,

“operator” means any person who, as owner, lessee or occupant of a mine or underground reservoir, performs or directs mining operations, or causes them to be performed or directed;

“mine” means any opening or excavation made for the purpose of searching for or mining mineral substances or operating an underground reservoir, including a well used to maintain water pressure, to dispose of or inject water or to create a water supply source, passageways, works, machinery, plants, buildings and furnaces below or above ground and forming part of a mining operation.

1987, c. 64, s. 218; 1988, c. 9, s. 43.

DIVISION II NOTICES, REPORTS, PLANS, REGISTERS, OTHER DOCUMENTS AND ROYALTIES

1990, c. 36, s. 12.

219. The holder of a mining right or, as the case may be, the operator is required to notify the Minister in writing within 15 days of any change of operator or of firm name or address.

1987, c. 64, s. 219.

220. The operator shall transmit to the Minister, at his request, any plan or document required for further information on deposits and working of deposits, and any report on exploration work performed during the year and the results of the work.

1987, c. 64, s. 220.

221. Every operator, every person engaged in exploration for or extraction or processing of mineral substances and every contractor engaged in mining operations shall forward to the Minister, before 31 October each year, a preliminary report for the current year and a forecast for the following year showing

(1)  the expenses made or anticipated for exploration;

(2)  the sums allocated or to be allocated for capital expenditures and repairs;

(3)  the nature and cost of the rehabilitation and restoration work performed or to be performed.

The operator or the person who processes mineral substances and the contractor shall also indicate in his report the quantity and value of the production.

1987, c. 64, s. 221; 1990, c. 36, s. 13; 2003, c. 15, s. 25.

222. Every operator and every person engaged in exploration for or extraction or processing of mineral substances and every contractor engaged in mining operations shall transmit to the Minister, not later than 31 March each year, a report of activities for the preceding year showing

(1)  the nature of the work and the sums spent on exploration;

(2)  the sums allocated for capital expenditures and repairs;

(3)  the current state of ore reserves;

(4)  the quantity and value of their production;

(5)  the number of employees;

(6)  the expenses entailed by mining activities;

(7)  any other information the Minister may request.

At the request of the Minister, they shall transmit a monthly or quarterly report of activities within 30 days after the end of the period referred to in the report.

Every enterprise which provides mining services shall forward the report described in the first paragraph to the Minister, at his request.

In the event of the bankruptcy or winding-up of an enterprise, the trustee or liquidator shall transmit the report to the Minister at his request.

1987, c. 64, s. 222; 2003, c. 15, s. 26; 2005, c. 45, s. 4.

223. The operator shall forward to the Minister, within the same time as for the report required under section 222, the plans prescribed by regulation. The plans must be signed by an engineer.

1987, c. 64, s. 223.

223.1. Sections 154 and 155, adapted as required, apply to every operator or person engaged in the extraction or mining, for commercial purposes, of surface mineral substances forming part of the domain of the State.

1990, c. 36, s. 14; 1999, c. 40, s. 178.

224. The holder of mining rights who performs underground exploration work and the operator shall, before commencing mining operations or resuming them after a suspension of six months or more, transmit to the Minister a written notice in compliance with the standards prescribed by regulation.

1987, c. 64, s. 224.

225. They shall keep up to date plans and registers relating to the work as prescribed by regulation.

The holder of mining rights who performs any other exploration work shall keep an up to date record of excavations and drilling in accordance with the regulations.

1987, c. 64, s. 225.

226. Where mining operations are suspended for six months or more, the holder of a mining right who performs underground exploration work and the operator shall, at least 10 days before the beginning of the suspension, transmit to the Minister a written notice informing the Minister of the suspension of operations and, within four months from the beginning of the suspension, transmit to the Minister a copy, certified by an engineer or a geologist, of the plans of the underground works, surface mines, ground facilities, and tailing dumps existing on the date of cessation of the work.

They shall also transmit the plans, records and reports prescribed by regulation.

This section does not apply in the event of a strike or lock-out.

1987, c. 64, s. 226; 1998, c. 24, s. 105; 2001, c. 12, s. 16.

227. Every person who discovers an uninterrupted flow of natural gas on his land is required to notify the Minister in writing without delay.

1987, c. 64, s. 227.

228. Notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person has access to the reports, plans and registers furnished to the Minister under sections 220, 221, 222, 223, 226 and subparagraph 1 of section 234.

Notwithstanding the first paragraph, the reports, plans and records may be examined with the written consent of the owner of the mineral substances or of the mining rights or where the State retakes possession of the mining rights.

1987, c. 64, s. 228; 1999, c. 40, s. 178.

229. The notices, decisions and documents transmitted by the registrar or the Minister are deemed validly served if they have been transmitted by registered or certified mail to the person concerned at his last known address.

1987, c. 64, s. 229.

DIVISION III PROTECTIVE MEASURES AND REHABILITATION AND RESTORATION MEASURES

1991, c. 23, s. 4.

230. The Minister may, where an emanation of natural gas threatens to cause personal injury or property damage, order the person responsible for the emanation to do what is necessary to remedy the situation or, if there is no other solution, to seal off the source of the emanation.

If the person responsible fails to comply with the orders of the Minister within the prescribed time, the Minister may cause the work to be done or the source of the emanation to be sealed off at the expense of the person responsible.

1987, c. 64, s. 230.

231. The Minister may, where mining activities are temporarily or permanently discontinued, order the holder of mining rights or the operator to take any protective measures necessary to prevent any damage that may result from the cessation.

If the holder of mining rights or the operator fails to comply with the orders of the Minister within the prescribed time, the Minister may cause the work to be done at the expense of the holder or operator.

1987, c. 64, s. 231.

232. Every holder of mining rights and every operator who temporarily or permanently discontinues mining activities shall take the protective measures prescribed by regulation and, when the land subject to mining rights or mining operations is situated in a territory delimited, by ministerial order, for non-exclusive purposes of recreation, tourism, plant-life or wildlife conservation or the preservation of an exceptional forest ecosystem classified by the Minister, he shall take such additional protective measures as the Minister may determine.

If the holder or operator fails to take the measures, the Minister may cause them to be taken at the expense of the holder or operator.

The first paragraph does not apply in the case of a strike, lock-out, cessation of underground exploration or operation of a mine for a period of less than six months or for a longer period where the mine is under the supervision of a watchman who carries out a weekly inspection of underground works.

1987, c. 64, s. 232; 1991, c. 23, s. 5; 2001, c. 6, s. 148.

232.1. Land rehabilitation and restoration work must be carried out, in accordance with the plan approved by the Minister, by the following persons:

(1)  every holder of mining rights who engages in exploration work determined by regulation or agrees that such work be carried out on the land subject to his mining rights;

(2)  every operator who engages in mining operations determined by regulation in respect of mineral substances listed in the regulations;

(3)  every person who operates a concentration plant in respect of such substances;

(4)  every person who engages in mining operations determined by regulation in respect of tailings.

The obligation shall subsist until the work is completed or until a certificate is issued by the Minister under section 232.10.

1991, c. 23, s. 6.

232.2. Every person to whom section 232.1 applies must submit a rehabilitation and restoration plan to the Minister for approval before commencing mining activities.

Where activities are already commenced on 9 March 1995, the person must submit the plan within one year from that date. However, the Minister may set a later date if the person who is required to submit the plan proves, to his satisfaction, that for valid reasons, he is unable to do so within the prescribed time.

1991, c. 23, s. 6.

232.3. The rehabilitation and restoration plan shall contain, in particular,

(1)  the description of the rehabilitation and restoration work relating to the mining activities carried on by the person submitting the plan and intended to restore the affected land to a satisfactory condition; if tailings are present on the site, the required work shall include containment work and, if required, the work necessary for putting in place, operating and maintaining the infrastructure needed to prevent any environmental damage that might be caused by the presence of tailings;

(2)  if progressive rehabilitation and restoration work is possible, the conditions and phases of completion of the work;

(3)  the conditions and phases of completion of the work in the event of final cessation of mining activities;

(4)  an estimate of the expected costs to be incurred for completing the work.

1991, c. 23, s. 6.

232.4. The rehabilitation and restoration plan must include a description of the guarantee serving to ensure performance of the work required by the plan. The description must meet the standards prescribed by regulation as to its term, form, amount and conditions.

Where property or a sum of money serves as guarantee, the property or money is exempt from seizure.

1991, c. 23, s. 6.

232.5. The Minister may subject the approval of a rehabilitation and restoration plan to other conditions and obligations that he shall determine and include in the plan, in particular, advance payment of all or part of the guarantee; the Minister shall approve the plan after consultation with the Minister of Sustainable Development, Environment and Parks.

Every person to whom section 232.1 applies must at the request of and within the time limit fixed by the Minister provide him with any additional information, research findings or study he considers he needs to grant his approval.

1991, c. 23, s. 6; 1994, c. 17, s. 75; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

232.6. Every person whose plan has been approved shall submit a revised plan to the Minister for approval

(1)  every 5 years, unless a shorter period is fixed by the Minister on approving the plan or revised plan;

(2)  whenever amendments to the plan are justified by changes in the mining activities;

(3)  whenever he intends to amend the plan;

(4)  whenever the Minister has seen fit to request a revision.

Section 232.5, adapted as required, applies to a revised plan.

1991, c. 23, s. 6.

232.7. The Minister may increase the amount of the guarantee where he considers that it is no longer sufficient or reduce it to make it consistent with the foreseeable costs of carrying out the rehabilitation and restoration plan.

Every person referred to in section 232.1 whose amount of guarantee has been increased must furnish any additional guarantee required pursuant to the revision, within the time fixed by the Minister.

The Minister may also require the payment of the total guarantee if, in the Minister’s opinion, the financial situation of the person described in section 232.1 or a reduction in the anticipated duration of the person’s activities may prevent the payment of all or part of the guarantee.

1991, c. 23, s. 6; 2003, c. 15, s. 27.

232.8. If a person fails to perform any of his obligations under sections 232.1 to 232.7, the Minister may enjoin him to do so within the time he fixes.

If the person concerned fails to comply with the prescriptions of the Minister within the time fixed, the Minister may, in addition to any other civil, administrative or penal sanction, cause the work required by the rehabilitation and restoration plan or, failing such a plan, the work he considers necessary in the circumstances, to be performed at that person’s expense. He may, in particular, recover the cost of the work out of the guarantee furnished.

1991, c. 23, s. 6.

232.9. Any sum owing to the State under section 230, 231, 232 or 232.8 gives rise to a legal hypothec of the State on all the property of the debtor.

1991, c. 23, s. 6; 1992, c. 57, s. 612; 1999, c. 40, s. 178.

232.10. The Minister may release any person from his obligations under sections 232.1 to 232.7 and issue to him a certificate to that effect,

(1)  where he agrees to letting a third person assume the obligations;

(2)  where, in his opinion, the rehabilitation and restoration work has been carried out in accordance with the rehabilitation and restoration plan approved by him and no sum of money is due to him with respect to the performance of the work and, where there are tailings, they no longer present any risk of acid mine drainage.

1991, c. 23, s. 6.

232.11. The Minister may, if applicable, with the consent of the person referred to in the second paragraph of section 7, enjoin a person who, before 9 March 1995, carried out work or operations referred to in subparagraph 1, 2 or 3 of the first paragraph of section 232.1 and who is not covered by that section, to submit, within the time indicated by the Minister, a rehabilitation and restoration plan for the land affected by tailings, in accordance with the requirements of section 232.3, to the extent that the tailings result from the person’s activities, and to perform the rehabilitation and restoration work required by the presence of the tailings. The Minister shall prescribe the nature of the work and the time within which it must be carried out, after consultation with the Minister of Sustainable Development, Environment and Parks.

If the person concerned fails to comply with the prescriptions of the Minister within the time fixed, the Minister may cause the plan to be prepared or the work to be performed at that person’s expense.

The second paragraph of section 232.5 and sections 232.9 and 232.10, adapted as required, apply for the purposes of this section.

1991, c. 23, s. 6; 1994, c. 17, s. 75; 1999, c. 36, s. 158; 2003, c. 15, s. 28; 2006, c. 3, s. 35.

232.12. Nothing in sections 232.1 to 232.11 shall affect or restrict the application of the Environment Quality Act (chapter Q-2).

1991, c. 23, s. 6.

233. No person may move, disturb or damage a facility erected under this division, unless he has the authorization in writing of the owner of the mine.

1987, c. 64, s. 233.

DIVISION IV OPTIMUM RECOVERY OF A MINERAL SUBSTANCE

234. In order to ensure that every operator recovers, according to recognized mining practices, the economically workable mineral substance that is the subject of his mining operations, the Minister may

(1)  require him to transmit a report justifying the mining method used;

(2)  carry out a study to evaluate the method used;

(3)  require him to take, within the time the Minister determines, any measures necessary to remedy any situation that would compromise the optimum recovery of the mineral substance.

In the case of the study referred to in subparagraph 2, the Minister may, subject to the conditions he determines, give a mandate to a committee composed of three persons including two mining specialists who are not part of the public service, to conduct the study.

The committee shall remit a report recommending, as the case may be, measures to remedy any situation that compromises the optimum recovery of the mineral substance.

If the operator fails to comply with his requirements, the Minister may order the suspension of operations for the period he determines.

1987, c. 64, s. 234; 1988, c. 9, s. 44.

DIVISION V EXPROPRIATION AND COMPENSATION

235. The holder of mining rights or the owner of mineral substances may acquire, by agreement or by expropriation, any property permitting access to or necessary for the performance of exploration work or mining operations on the land granted or alienated by the State for purposes other than mining purposes, except cemeteries within the meaning of the Act respecting Roman Catholic cemetery companies (chapter C-40.1) or cemeteries established in accordance with the Non-Catholic Cemeteries Act (chapter C-17).

No holder of mining rights or owner of mineral substances may exercise his right of access to the parcel of land or his right to perform exploration work or mining operations on land leased by the State for purposes other than mining purposes or on lands under an exclusive lease to mine surface mineral substances unless he obtains the lessee’s consent or pays compensation to him. If there is no agreement on the amount of compensation, it will be fixed by the competent court. An application for the fixing of compensation is introduced by motion; it is heard and decided by preference.

1987, c. 64, s. 235; 1999, c. 40, s. 178; 1998, c. 24, s. 106.

236. A holder of mining rights or owner of mineral substances who is working a mine may on land other than land subject to mining rights or that is 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), acquire by agreement or by expropriation

(1)  a right of way to construct, use or maintain roads, cableways, railways, pipelines, electric transmission lines required for his mining activities and the conduits used to supply the water required for the operation of the mine;

(2)  any parcel of land intended for the storage of tailings.

No holder of mining rights or owner of mineral substances who is working a mine may, on land leased by the State, exercise those rights unless he obtains the lessee’s consent or pays compensation to him. If there is no agreement on the amount of compensation, it will be fixed by the competent court. An application for the fixing of compensation is introduced by motion; it is heard and decided by preference.

1987, c. 64, s. 236; 1999, c. 40, s. 178; 1998, c. 24, s. 107.

DIVISION VI WATERCOURSES AND DRAINAGE

237. Every holder of mining rights or owner of mineral substances may, for his mining activities and according to law, divert or drain water and remove sludge from land covered by a swamp, lake or watercourse.

1987, c. 64, s. 237.

238. The operator may, for mining purposes and according to law,

(1)  develop a watercourse and render it navigable;

(2)  build a canal between watercourses to create a transportation route necessary for the operation of the mine;

(3)  take water from any source of supply, provided the rights of any other persons to the same source of supply are protected;

(4)  divert water from its course to work mineral-bearing placers.

1987, c. 64, s. 238.

DIVISION VII SITES FOR MINING INFRASTRUCTURES

239. The holder of mining rights or the owner of mineral substances may, in accordance with the Act respecting the lands in the domain of the State (chapter T-8.1), obtain that public lands be transferred or leased to him to establish a storage site for tailings, or a site for mills, shops or facilities necessary for mining activities.

1987, c. 64, s. 239; 1988, c. 9, s. 45; 1999, c. 40, s. 178.

240. Any person who intends to operate a mill for the preparation of mineral substances, a concentration plant, a refinery or a smelter shall, before commencing operations, have the site approved by the Minister or, where the project is subject to the environmental impact assessment and review procedure provided for in Division IV.1 of Chapter I of the Environment Quality Act (chapter Q-2), by the Government.

1987, c. 64, s. 240; 1998, c. 24, s. 108.

241. Every person responsible for the management of a concentration plant, refinery or smelter shall, before commencing activities, have the site intended as a storage yard for tailings approved by the Minister. The same applies to every holder of a mining right, owner of mineral substances or operator who intends to establish a mine tailings site.

He shall, for that purpose, transmit the documents prescribed by regulation to the Minister.

1987, c. 64, s. 241; 1998, c. 24, s. 109.

DIVISION VIII MINING ROADS

242. The Minister of Transport, with the authorization of the Government, may construct, improve or maintain any mining road to facilitate the carrying on of any mining activity. The Minister may cause the work to be done or have the owners of mineral substances or holders of mining rights at whose request the work is done pay part of the costs.

On lands of the domain of the State, the work shall be done without compensation, in particular, to holders of mining rights. On lands of the private domain, the work shall be done only after the property necessary to carry out the proposed works has been acquired by agreement or expropriation.

1987, c. 64, s. 242; 1988, c. 9, s. 46; 1999, c. 40, s. 178.

243. Roads, bridges or other structures are mining roads from the time they are laid out until they are closed.

1987, c. 64, s. 243; 1999, c. 40, s. 178.

244. The Minister of Transport shall forward the plan of proposed mining roads on lands of the domain of the State to the Minister of Natural Resources and Wildlife and, where such is the case, give notice thereof to any holder of rights in forest land pursuant to the Forest Act (chapter F‐4.1).

1987, c. 64, s. 244; 1990, c. 64, s. 32; 1994, c. 13, s. 15, s. 16; 1999, c. 40, s. 178; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

245. The Minister of Transport may, without being required to pay compensation, in particular to the holder of mining rights, take from the right of way of mining roads and their vicinity the timber, earth, stone, gravel, sand and clay necessary for the construction, alteration or maintenance thereof and cut down all the trees within a distance of 10 metres on either side of the right of way.

On lands of the private domain, the Minister shall not take the materials referred to in the first paragraph except after acquiring, by agreement or expropriation, the land containing them or a temporary right of way on any land between the mining road and a watercourse or between the mining road and the place from which the materials are taken.

On lands of the domain of the State, the Minister of Transport shall not cut timber except with the authorization of the Minister of Natural Resources and Wildlife and subject to the conditions he determines.

1987, c. 64, s. 245; 1990, c. 64, s. 24; 1994, c. 13, s. 16; 1999, c. 40, s. 178; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

246. The Minister of Transport may, subject to certain conditions, restrict or prohibit access to a mining road.

The Minister may also exempt a mining road from the provisions respecting highway traffic or safety in the Highway Safety Code (chapter C-24.2).

1987, c. 64, s. 246; 1986, c. 91, s. 655.

247. The Minister of Transport may, with the authorization of the Government, close or change the location of all or part of a mining road. He may also, with the authorization of the Government, declare that a mining road is no longer a mining road. A road that is closed, whose location has been changed or that has been declassified may be transferred by the Minister in the manner he deems appropriate.

1987, c. 64, s. 247; 1992, c. 54, s. 69.

247.1. A municipality may see to the maintenance and repair of all or part of a mining road in its territory, in accordance with an authorization obtained from the Minister of Transport.

The authorization must identify the road or part of a road concerned and may set out conditions, in particular as regards the work permitted or the manner of carrying out the work or of providing for its financing. It may be revoked at any time, after a notice given to the municipality at least 30 days before the revocation takes effect.

The authorization and any revocation must be published in the Gazette officielle du Québec. They take effect on the day they are published.

A non-revoked authorization ceases to have effect on the day that is five years after its effective date.

For the purposes of exercising its power under the first paragraph, the municipality may enter into an agreement with any person on sharing the cost of the work or sharing the work itself.

2004, c. 20, s. 192.

248. The Minister of Natural Resources and Wildlife shall, with respect to secondary mining roads designated as such by the Government, exercise the powers vested in the Minister of Transport by this division.

Notwithstanding the first paragraph, the plans and standards of construction, improvement and maintenance of the roads must be approved by the Minister of Transport.

1987, c. 64, s. 248; 1994, c. 13, s. 15; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

249. The Government may, by regulation, render the provisions respecting highway traffic and safety in the Highway Safety Code (chapter C-24.2) applicable to secondary mining roads.

1987, c. 64, s. 249; 1986, c. 91, s. 655.

250. No user of a secondary mining road may bring an action for damages on the ground of faulty construction, improvement or maintenance of the road.

1987, c. 64, s. 250.

CHAPTER V INSPECTION

251. Every person generally or specially authorized by the Minister to act as an inspector may

(1)  enter, at any reasonable time, any place where an activity governed by this Act or the regulations is carried on and inspect it;

(2)  examine and make copies of the books, registers, plans, accounts, records and any other documents related to that activity;

(3)  require any information or document relating to the activities governed by this Act and the regulations;

(4)  take photographs of the premises and the property located there.

1987, c. 64, s. 251; 2005, c. 45, s. 5.

252. No person may hinder an inspector in the performance of his duties, mislead him through concealment or false declarations, refuse to furnish him any information or document he is entitled to require or examine under section 251, or conceal or destroy any document or property relevant to an inspection.

1987, c. 64, s. 252.

253. The inspector shall, on request, identify himself and produce the certificate of his capacity signed by the Minister.

1987, c. 64, s. 253.

254. The inspector may, to protect a mineral substance, order the suspension of any well drilling, well completion, well conversion or well abandonment operation performed in exploring for or producing or operating petroleum, natural gas, brine or underground reservoirs where there is ground to believe that this Act or the regulations have been contravened.

The inspector shall authorize resumption of the activity where he considers the situation has been remedied.

1987, c. 64, s. 254.

255. In no case may legal proceedings be taken against the inspector for official acts performed in good faith in the course of his duties.

1987, c. 64, s. 255.

CHAPTER VI INQUIRY

256. The Minister or any person he designates as investigator may inquire into any fact within the scope of this Act or the regulations.

1987, c. 64, s. 256.

257. The Minister and the investigator, for the conduct of an inquiry, are vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the right to order imprisonment.

1987, c. 64, s. 257.

258. The investigator shall, on request, identify himself and produce a certificate of his capacity signed by the Minister.

1987, c. 64, s. 258.

259. Where an investigation is conducted to verify a fact that will permit the Minister to make a decision affecting the rights of a person applying for the registration of a claim or a holder of a mining right, the investigator shall transmit to the interested person a copy of the report containing his findings at the same time as he forwards it to the Minister.

1987, c. 64, s. 259; 1988, c. 9, s. 47.

CHAPTER VII REVOCATION OF RIGHTS BY THE GOVERNMENT

260. (Repealed).

1987, c. 64, s. 260; 1998, c. 24, s. 110.

261. The Government may revoke the mining rights in the mining concessions referred to in section 4 or in the lands granted pursuant to the same section where there have been no exploration work or mining operations for 10 years unless the grantee or the owner proves to it that the deposit subject to the rights constitutes a reserve necessary for the continuation of a mining, oil or gas undertaking operated by him in Québec.

1987, c. 64, s. 261.

262. The Government shall, by certified or registered mail, send a notice of its intention to revoke the rights referred to in section 261 to the grantee or owner at his last known address.

The notice shall be published in two consecutive issues of the Gazette officielle du Québec, and twice at an interval of seven days in a daily or weekly newspaper published in Montréal and in every judicial district in which all or part of the land affected by the revocation is situated.

1987, c. 64, s. 262; 1998, c. 24, s. 111.

263. Revocation cannot be declared until 90 days from the last publication of the notice.

1987, c. 64, s. 263.

264. Notice of the revocation shall be published in the Gazette officielle du Québec; revocation takes effect on the date of the publication.

1987, c. 64, s. 264.

265. The revocation does not apply to rights in substances described in section 5.

1987, c. 64, s. 265.

266. The revocation of mining rights in a mining concession does not affect any other right of ownership transferred to a third person under a deed of alienation referred to in section 361.

1987, c. 64, s. 266; 1998, c. 24, s. 112.

267. Any person except the grantee or owner whose rights have been revoked may, within thirty days from the date on which the revocation of mining rights under section 261 takes effect, apply for the registration of a claim by map designation, an exploration licence for petroleum and natural gas, an exploration licence for brine, a lease to produce petroleum and natural gas or a lease to produce brine in respect of all or part of the land that was subject to the revoked rights.

Thereafter, a person whose rights have been revoked may also apply for the registration of a right referred to in the first paragraph in relation to all or part of the parcel of land subject to the revoked rights.

1987, c. 64, s. 267; 1998, c. 24, s. 113.

268. Where, after mining rights have been revoked, the mineral substances that were subject to those rights are mined or extracted, the person whose rights were revoked is entitled, as compensation from the operator, to a royalty equal to

(1)  in the case of petroleum, natural gas and other mineral substances associated with them, 3% of the well head value of those substances, payable within the first 25 days of each month;

(2)  in the case of all other substances, 1/2% of the gross value of the annual production of those substances, payable on the dates fixed under section 46 of the Mining Duties Act (chapter D-15).

1987, c. 64, s. 268; 1998, c. 24, s. 114.

269. Where a royalty is payable under section 268, the Minister shall give notice thereof in the manner prescribed in section 262.

1987, c. 64, s. 269.

270. The operator shall pay the royalty to the Minister who shall send it to the person to whom it is owed on the dates he determines.

1987, c. 64, s. 270.

271. In the event of a dispute regarding the right to the royalty or the amount thereof, the royalty shall be entrusted to the Minister of Finance as a judicial deposit under the Deposit Act (chapter D-5) pending a decision by a competent court.

1987, c. 64, s. 271.

272. The right to a royalty is prescribed by two years from the last publication of the notice that a royalty is payable.

If at the expiry of that period, no claim has been made, the Minister shall return the royalties collected to the operator.

1987, c. 64, s. 272.

273. The Government may revoke on any part of the territory it determines the right to explore for, the right to establish and the right to operate, in an area containing mineral substances forming part of the private domain, an underground reservoir for the storage of petroleum, natural gas or other hydrocarbons.

Where rights have been revoked, the Government may, subject to the conditions it determines, grant the right to explore for, the right to establish and the right to operate an underground reservoir. Such rights are immovable real rights and the Government may render any provision of this Act applicable to them.

1987, c. 64, s. 273; 1988, c. 9, s. 48.

274. If after the right to establish an underground reservoir has been revoked, an underground reservoir is established and operated, the person whose rights were revoked is entitled, as compensation, to a royalty equal to 50% of the annual rental fixed in accordance with section 202 for a lease to operate an underground reservoir, from the holder of the lease to operate an underground reservoir.

The compensation is distributed, where such is the case, among the owners of the parcels of land affected by the lease to operate an underground reservoir in proportion to the area of their parcels of land.

The royalty is payable by the holder of the lease to operate an underground reservoir, at the request of the person whose rights have been revoked, on the same dates and subject to the same conditions as those applicable to the payment of the annual rental fixed in accordance with section 202 in respect of a lease to operate an underground reservoir.

Notwithstanding the foregoing, a person entitled to an indemnity under this section may, after making an agreement with the lessee, obtain the payment of a lump sum instead of an annual royalty.

1987, c. 64, s. 274.

275. Within six months of the issue of a lease to operate an underground reservoir, the Minister shall give notice that following the issue of that lease a royalty is payable to the person whose rights have been revoked, provided that the person makes a request therefor to the holder of the lease to operate an underground reservoir.

1987, c. 64, s. 275.

276. The notice shall be published in two consecutive issues of the Gazette officielle du Québec and twice, at seven days’ interval, in a daily or weekly newspaper published in Montréal and in the judicial districts where all or part of the underground reservoirs are situated.

1987, c. 64, s. 276.

277. The right to the royalty is prescribed by two years from the date of publication of the notice.

1987, c. 64, s. 277.

CHAPTER VIII SUSPENSION OR REVOCATION OF MINING RIGHTS BY THE MINISTER

278. The Minister may suspend or revoke any mining right where a holder

(1)  does not comply with the conditions, obligations or restrictions applicable to the exercise of the mining right;

(2)  has not paid the annual duties, the royalties or the rental on the due date.

1987, c. 64, s. 278.

279. The Minister may also suspend or revoke any mining right relating to petroleum, natural gas, brine or an underground reservoir where its holder is drilling, completing or converting a well without a licence prescribed for that purpose or where the holder having obtained a licence does not comply with the conditions thereof.

1987, c. 64, s. 279.

280. The Minister may, on his own initiative or at the request of an interested person, revoke a claim obtained by staking, provided the claim has not been converted into a map designated claim,

(1)  where the parcel of land concerned has not been staked as required by this Act;

(2)  where the staking rules have not been complied with, and the claim is revoked before the end of the first year following the date of registration of the claim;

(3)  where the provisions of either of the first two paragraphs of section 42 have not been complied with, unless the right has been registered for not less than one year in the register referred to in section 13 in the name of a subsequent purchaser in good faith.

1987, c. 64, s. 280; 1997, c. 43, s. 355; 1998, c. 24, s. 116.

281. The Minister may revoke

(1)  a claim, a mining exploration licence or an exploration licence for surface mineral substances, within three months following its renewal where he refuses the work under section 74, 97 or 138, except in a case contemplated in paragraph 4 of those sections;

(2)  an exploration licence for petroleum and natural gas, an exploration licence for brine or an exploration licence for underground reservoirs within seven months following the year in which the work was performed where he refuses the work under section 179 except in a case contemplated in paragraph 4 of that section;

(2.1)  at any time, a mining right obtained or renewed by mistake;

(3)  at any time, a mining right obtained or renewed through fraud or misrepresentation unless the right has been registered for not less than one year in the register contemplated in section 13 in the name of a subsequent purchaser in good faith;

(4)  at any time, the prospecting licence of a holder who has obtained or renewed a mining right through fraud or misrepresentation.

1987, c. 64, s. 281; 1990, c. 36, s. 15; 1998, c. 24, s. 117.

282. The holder of a mining right who is carrying on underground exploration work, the holder of any operating lease and the grantee of a mining concession whose rights have been revoked shall forward to the Minister, at his request, a copy of the plans, records and report mentioned in section 226.

1987, c. 64, s. 282.

283. (Repealed).

1987, c. 64, s. 283; 1998, c. 24, s. 118.

284. The Minister shall, before suspending or revoking a mining right, notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3), send a copy of the notice to the registrar, and allow the holder at least 15 days to present observations.

The mailing of the notice of revocation shall interrupt the time limits provided for in sections 280 and 281.

1987, c. 64, s. 284; 1997, c. 43, s. 357; 1998, c. 24, s. 119.

285. An application for revocation under section 280 presented by an interested person must

(1)  clearly and briefly state the facts supporting it and be signed by the interested person;

(2)  be accompanied with the fee prescribed by regulation, a sworn statement attesting the truth of the facts alleged and a sketch clearly indicating the irregularities of the staking, where such is the case;

(3)  be transmitted, within reasonable time, by registered or certified mail to the registrar and the holder of the mining right concerned;

(4)  be accompanied with proof of the sending of the application to the holder of the mining right concerned.

A copy of the application is sent by the registrar to the Minister.

The mailing of the application for revocation shall interrupt the time limits provided for in section 280.

1987, c. 64, s. 285; 1997, c. 43, s. 358; 1998, c. 24, s. 120.

286. The suspension or revocation of a mining right takes effect on the date the decision becomes executory.

1987, c. 64, s. 286.

287. The revocation of mining rights in a mining concession does not affect any other right of ownership transferred to a third person under a deed of alienation referred to in section 361.

1987, c. 64, s. 287; 1998, c. 24, s. 121.

288. Every person except the holder of a revoked mining right, may, within 30 days of the date on which the revocation of a mining exploration licence, mining lease, mining concession or mining right relating to the seabed or surface mineral substances has become executory, obtain, in accordance with this Act, a claim by notice of map designation, a lease to mine surface mineral substances or a mining right relating to the seabed in respect of all or part of the land that was subject to the revoked mining right.

Thereafter, a person whose mining right has been revoked may also obtain, in accordance with this Act, a right referred to in the first paragraph in relation to all or part of the parcel of land subject to the revoked mining right.

If the interested person discontinues his appeal from the decision revoking his right, the prescribed time runs from the date of filing of a notice of discontinuance in the office of the Court of Québec.

1987, c. 64, s. 288; 1988, c. 21, s. 66; 1998, c. 24, s. 122.

289. Within thirty days from the date on which the revocation of a mining right relating to petroleum, natural gas, brine or an underground reservoir becomes executory, the Minister shall make a call for tenders in view of again granting any of such rights in respect of all or part of the land or underground reservoir that was subject to the revoked mining right. No tender may be submitted by the holder of the revoked mining right.

If the interested person discontinues his appeal from the decision revoking his right, the prescribed time runs from the date of filing of a notice of discontinuance in the office of the Court of Québec.

1987, c. 64, s. 289; 1988, c. 21, s. 66.

CHAPTER IX REFERRAL AND APPEAL

290. The Minister shall refer any dispute concerning a mining right held by the State to the Court of Québec.

Sections 299 to 303, adapted as required, apply to any case so referred.

A copy of the decision of the Court of Québec shall be transmitted to the Minister.

1987, c. 64, s. 290; 1988, c. 21, s. 66; 1999, c. 40, s. 178.

291. Every decision rendered pursuant to section 42.4, 53, 58, 58.1, 61, 62, 63, 74, 90, 97, 101, 101.1, 104, 120, 134 or 138, the second paragraph of section 141, section 147, 148, 169, 169.2, 179, 188, 194, 199, 230 or 231, the first paragraph of section 232.5, subparagraph 4 of the first paragraph of section 232.6, the first paragraph of section 232.7, 232.8 or 232.11, or section 234, 254, 278, 279, 280 or 281, must be in writing and give the reasons on which it is based. It shall be transmitted to the person concerned and, in the case of a decision rendered pursuant to section 42.4, to every holder of a mining right that may be affected by the decision, within fifteen days by registered or certified mail.

1987, c. 64, s. 291; 1988, c. 9, s. 49; 1991, c. 23, s. 7; 1998, c. 24, s. 124; 2003, c. 15, s. 29.

292. Before rendering a decision under section 291, the Minister shall transmit a copy of the record pertaining to the case to every interested person who applies therefor.

1987, c. 64, s. 292.

293. The Minister shall also forward a 30 days’ notice of his intention not to renew or to revoke a mining right that is not exempt, under section 10, from registration at the registry office to the creditors having registered an instrument contemplated in paragraph 3 of section 13.

Where the mining right expires during the period of 30 days, the notice shall have the effect of postponing the expiry of the mining right by suspending its term for the time that remains to run by virtue of the notice.

1987, c. 64, s. 293; 2000, c. 42, s. 188.

294. A decision to refuse the renewal, to suspend or to revoke a mining right suspends the term of the mining right until the decision becomes executory.

1987, c. 64, s. 294.

295. Any party to a decision under section 291 may appeal therefrom to the Court of Québec. Any holder of a mining right affected by a decision rendered pursuant to section 42.4 may also appeal therefrom to the Court of Québec.

1987, c. 64, s. 295; 1988, c. 21, s. 66; 1998, c. 24, s. 126.

296. The appeal suspends the execution of the decision unless the court decides otherwise.

1987, c. 64, s. 296.

297. The appeal is brought by a motion served on the Minister.

1987, c. 64, s. 297.

298. The appellant shall file the motion in the office of the Court of Québec of the judicial district of his domicile or principal establishment or of the district where the facts which gave rise to the decision occurred, within 30 days after receipt of the decision by the appellant.

1987, c. 64, s. 298; 1988, c. 21, s. 66.

299. Upon service of the motion, the Minister shall transmit the record of the decision appealed from to the Court of Québec.

1987, c. 64, s. 299; 1988, c. 21, s. 66.

300. The appeal is heard and decided by preference.

The court shall base its decision on the record transmitted to it and on any other evidence submitted by the parties.

1987, c. 64, s. 300.

301. The Court of Québec may, in the manner prescribed in article 47 of the Code of Civil Procedure (chapter C-25), adopt the rules of practice which, in its judgment, are necessary for the application of this chapter.

1987, c. 64, s. 301; 1988, c. 21, s. 66.

302. Only the judges of the Court of Québec designated by the chief judge shall have jurisdiction pursuant to this chapter.

1987, c. 64, s. 302; 1988, c. 21, s. 66; 1995, c. 42, s. 57.

303. A decision of the Court of Québec may be appealed from to the Court of Appeal with leave of a judge of the Court of Appeal.

1987, c. 64, s. 303; 1988, c. 21, s. 66.

CHAPTER X POWERS OF THE MINISTER

2003, c. 15, s. 30; 2005, c. 45, s. 6.

DIVISION I SPECIAL POWERS

2005, c. 45, s. 6.

304. The Minister may, by order,

(1)  reserve to the State or withdraw from staking, map designation, mining exploration or mining operations any land containing mineral substances that are part of the domain of the State and necessary for any purpose that he considers to be in the public interest, particularly the performance of the following work:

 —  mining inventory and exploration work;

 —  mining, industrial, port, airport or communications facilities;

 —  underground conduits;

 —  development and utilization of waterpower, power transmission lines, storage tanks or underground reservoirs;

 —  creation of parks or ecological reserves;

 —  classification as an exceptional forest ecosystem under sections 24.4 to 24.9 of the Forest Act (chapter F-4.1) or designation of biological refuges under sections 24.10 to 24.13 of that Act;

(1.1)  delimit territories for non-exclusive purposes of recreation, tourism, plant-life or wildlife conservation or the preservation of an exceptional forest ecosystem classified by the Minister;

Not in force

(1.2)  delimit the zones in a marine environment in which a mining right relating to petroleum, natural gas or underground reservoirs shall be subject to sections 166.1 and 213.3;

(2)  order the construction and maintenance of common walls or common roads between mining properties;

(2.1)  define, for lands of the domain of the State, the types of construction that may be erected or maintained by the holder of a claim of the land subject to the claim without being required to obtain authorization from the Minister;

(3)  declare a drift an underground reservoir and render this Act applicable to it;

(4)  designate a regional office.

Where the land on which mining inventory and mining exploration work is to be performed is in a reserved area or an agricultural zone within the meaning of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), the Minister shall consult the Commission de protection du territoire agricole du Québec before withdrawing the land from staking, map designation, mining exploration or mining operations.

The Minister may allow, by order, on land reserved to the State, mining exploration or mining operations in accordance with this Act for such mineral substances as are determined by the Minister.

The order comes into force on the day of its publication in the Gazette officielle du Québec or on any later date specified therein.

An order made by the Minister under subparagraph 1 of the first paragraph, concerning the designation of a biological refuge, must refer to the number assigned the biological refuge appearing in the list referred to in section 24.12 of the Forest Act, and is valid without further formality.

The order is published on the department’s website and comes into force on the date given on that website.

1987, c. 64, s. 304; 1988, c. 9, s. 50; 1991, c. 23, s. 8; 1996, c. 26, s. 85; 1998, c. 24, s. 127; 1999, c. 40, s. 178; 1998, c. 24, s. 127; 2001, c. 6, s. 149; 2007, c. 39, s. 33.

304.1. Prior to the making of an order under subparagraph 1 or 1.1 of the first paragraph of section 304 or to the publication of a notice of classification of an outstanding geological site under section 305.1, the Minister may temporarily suspend, for a period of 18 months, the right to stake and designate on a map a parcel of land whose boundaries are shown on the maps kept in the office of the registrar.

The suspension takes effect after the filing of a notice in the office of the registrar, on the date indicated in the notice.

2003, c. 15, s. 31; 2005, c. 45, s. 7.

Not in force

304.1.1. Any mineral substance forming part of the domain of the State and found in a parcel of land on which a claim may be obtained and that is included in a mining-incompatible territory delimited in a land use and development plan in accordance with the Act respecting land use planning and development (chapter A-19.1) is withdrawn from prospecting, mining exploration and mining operations from the time the territory is shown on the maps kept at the office of the registrar.

A mining-incompatible territory is a territory in which the viability of activities would be compromised by the impacts of mining.

2013, c. 32, s. 108.

305. The Minister may, by order, delegate generally or specially, to any person, the exercise of the powers vested in him by this Act.

Such delegation comes into force on the date of publication of the order in the Gazette officielle du Québec or on any later date indicated therein.

1987, c. 64, s. 305.

DIVISION II OUTSTANDING GEOLOGICAL SITE

2005, c. 45, s. 8.

305.1. The Minister may classify an outstanding geological site and establish the boundaries of the site after consulting the Minister of Sustainable Development, Environment and Parks, associations in the Québec mining industry and, where applicable, the holders of mining rights, municipalities, urban communities or Native communities concerned.

The notice of classification must be published in the Gazette officielle du Québec.

The boundaries of a classified outstanding geological site are shown on maps kept at the office of the registrar.

2005, c. 45, s. 8.

305.2. The Minister may extend the boundaries of an outstanding geological site classified under section 305.1 or, if the Minister considers that the grounds for classification no longer exist, declassify part or all of the site after consulting the Minister of Sustainable Development, Environment and Parks.

2005, c. 45, s. 8.

305.3. The Minister may take the measures needed to ensure the development or the preservation of an outstanding geological site classified under section 305.1.

2005, c. 45, s. 8.

305.4. Before classifying an outstanding geological site located on private property, extending its boundaries or exercising the power described in section 305.3, the Minister must enter into an agreement with the owner.

2005, c. 45, s. 8.

305.5. The Minister must request the registration in the land register of the agreement referred to in section 305.4 and forward to the owner a certified statement of registration. The agreement, once registered, is binding on all subsequent acquirers.

The agreement must also be filed in the office of the registrar.

2005, c. 45, s. 8.

CHAPTER XI REGULATIONS

306. The Government may, by regulation,

(1)  prescribe the amount of the fee for the registration of any transfer of mining rights or any other act referred to in paragraph 3 of section 13 and of the fee for the issuance of certificates of entry in the public register of real and immovable mining rights;

(2)  prescribe the requirements for obtaining a licence or lease and any fee or rental payable;

Not in force

(2.1)  fix the amount of the annual fees payable for an authorization to produce brine;

(3)  prescribe the requirements for renewal or advance renewal of a claim, and for renewal of a licence or lease and the amount of any fee or rental payable;

(4)  prescribe the criteria to be taken into account by the Minister in fixing the rental for a lease to operate an underground reservoir;

(5)  prescribe the conditions of exercise of a licence or lease;

(6)  prescribe the fee payable by the holder of a prospecting licence to obtain a duplicate of his licence;

(7)  prescribe the conditions of issue, the term and the price of the tags necessary for staking;

(8)  determine the documents and information that must accompany notices of staking, notices of map designation, applications for amalgamation and applications for replacement of claims, and fix the amount of the applicable fees;

(9)  define the improvements referred to in section 70;

(10)  specify the nature of any work required under this Act, its minimum cost and related expenses, the form and content of any report relating to it and the documents that must accompany the report;

(10.1)  determine, for the purposes of the first paragraph of sections 72, 94, 119 and 137, what constitutes property examination and technical assessment work and, for the fixing of the fees referred to in paragraph 8 of this section that must accompany a map designation notice, define the word “person” as used in the first paragraph of section 307;

(11)  fix the additional amount referred to in the second paragraph of section 72 and in subparagraph 1 of the second paragraph of sections 61, 104 and 148;

(12)  prescribe the rules governing amendments to an application for renewal for the purposes of section 79;

(12.1)  define the prospecting work that may be applied, in a report, to the first term of a claim or the first term following conversion of a claim, in accordance with section 81;

(12.2)  determine the information that must be contained in an application for the conversion of mining rights referred to in subdivision 5 of Division III of Chapter III and specify, in the case of an application for conversion under section 83.2 or 83.6, the documents that must be submitted with it;

(12.3)  prescribe, for the purposes of applications for conversion under sections 83.2 and 83.6, or for amalgamation or replacement of claims, the manner of calculating the average unexpired portion of the terms of all the claims to be converted, amalgamated or replaced or of the exploration licences for surface mineral substances to be converted, in order to determine the date of expiry of the converted, amalgamated or replaced claims;

(12.4)  prescribe, for the purposes of applications for conversion under sections 83.2 and 83.6, or for amalgamation or replacement of claims, the manner in which and the conditions according to which the excess amounts disbursed for work performed on all the parcels of land subject to the claims to be converted, amalgamated or replaced or to the exploration licences for surface mineral substances to be converted, are to be distributed;

(12.5)  prescribe, for the purposes of applications for conversion under sections 83.2 and 83.6, or for amalgamation or replacement of claims, the manner of determining the number of terms of the converted, amalgamated or replaced claims in order to establish the minimum cost of the work to be performed for further renewals of claims after the first renewal following conversion, amalgamation or replacement;

(12.6)  determine the cases in which and the conditions according to which a mining right may be converted into map designated claims and claims may be amalgamated or replaced pursuant to subdivisions 5, 7 and 8 of Division III of Chapter III, and the effects of such conversion, amalgamation or replacement on rights granted to third persons and evidenced in an instrument relating to the converted, amalgamated or replaced mining right recorded in the public register of real and immovable mining rights;

(12.7)  determine the information that must be included in an application for the determination of a common claim expiry date and an application for the reduction of the term of a claim, and fix the amount of the fees to be paid with the application;

(12.8)  prescribe, for the purposes of an application for the determination of a common claim expiry date, the manner of calculating the average unexpired portion of the terms of the claims concerned by the application so as to determine the common expiry date;

(12.9)  prescribe the manner in which and conditions according to which the excess amounts disbursed for work performed on the territory subject to a mining exploration licence are to be calculated, in the case referred to in section 92.1;

(12.10)  determine the qualification requirements concerning the engineer or geologist certifying the report required pursuant to section 101;

(13)  define technico-economic studies and testing for the purposes of section 134;

(13.1)  fix the amount of the duties to be paid by a person authorized to extract a fixed quantity of surface mineral substances pursuant to the second paragraph of section 140, and the amount of the duties to be paid by the holder of an exclusive lease to mine surface mineral substances who applies under section 146 for an increase in the area of the territory subject to the lease;

(14)  fix the amount of the royalty payable under the second paragraph of section 140 or the first paragraph of section 155 or under the second paragraph of section 204;

(14.1)  fix the dates on which the report referred to in section 155 must be transmitted to the Minister and prescribe the cases in which the Minister may, in accordance with the second paragraph of that section, allow one yearly report or require the holder of a non-exclusive lease to mine surface mineral substances to transmit monthly reports;

(14.2)  prescribe the payment of an additional amount, that it fixes, to be added to royalties, payable by the holder of a lease to mine surface mineral substances or by an operator or a person referred to in section 223.1, in particular for a failure to forward to the Minister the report referred to in section 155 within the specified time, or for any other failure to fulfil the requirements of that section that it determines;

(15)  specify the information to be contained in a report on geophysical surveying or well drilling and the accompanying documents;

(15.1)  determine, for the purposes of section 163, in what circumstances a temporary discontinuation is to be considered permanent;

(16)  prescribe the conditions for the closing of a well;

(17)  determine the trial period during which the holder of an exploration licence for petroleum and natural gas or of an exploration licence for brine may extract that substance and the conditions of the extraction;

(18)  determine requirements concerning the trial period and the use of an underground reservoir that must be met by the holder of an exploration licence for underground reservoirs;

(19)  prescribe the rules governing the computation of the lump sum referred to in section 190;

(20)  prescribe the size of the protected area requiring protection with regard to an underground reservoir;

(21)  prescribe the form of the report referred to in section 204 and the information it must contain;

(21.1)  fix the amount of duties payable for taking part in a drawing of lots under sections 207 and 207.1, and prescribe the conditions to be complied with by a person who intends to take part in the drawing of lots;

(22)  prescribe the surveying standards a surveyor must comply with under the second paragraph of section 210;

(23)  prescribe norms governing written notices under section 224;

(24)  prescribe the plans and records to be kept up to date in accordance with section 225 and the plans to be transmitted to the Minister in accordance with section 223;

(25)  prescribe the plans, records and report that the holder of a mining right who performs underground exploration work and an operator are required to transmit to the Minister in accordance with section 226 where the work is discontinued;

(26)  prescribe the protective measures to be taken by the holder of a mining right or an operator where mining operations are temporarily or permanently discontinued;

(26.1)  determine the work and operations contemplated in section 232.1 and, where expedient, list the mineral substances referred to therein;

(26.2)  determine the term, form and amount of the guarantee required under section 232.4 and the conditions of such a guarantee;

(27)  prescribe the documents to be transmitted to the Minister in accordance with section 241;

(28)  render the provisions respecting highway traffic and safety in the Highway Safety Code (chapter C-24.2) applicable to secondary mining roads;

(29)  fix the costs that must accompany an application for the suspension or revocation of a mining right;

(30)  fix the terms and conditions of payment of the fees, costs and rentals prescribed in this Act;

(31)  determine which provisions of a regulation it is an offence to contravene.

1987, c. 64, s. 306; 1986, c. 91, s. 655; 1988, c. 9, s. 9, s. 51; 1988, c. 9, s. 52; 1990, c. 36, s. 16; 1991, c. 23, s. 9; 1997, c. 43, s. 359; 1998, c. 24, s. 128; 2001, c. 12, s. 17; 2003, c. 15, s. 32.

In paragraph 21.1 of this section, the words “sections 207 and 207.1, and prescribe the conditions to be complied with by a person who intends to take part in the drawing of lots” are not in force with respect to applications for a licence or lease relating to petroleum, natural gas, brine or underground reservoirs. (1998, c. 24, s. 128, par. 12; Order in Council 1041-2000 dated 30 August 2000, (2000) 132 G.O. 2, 4508).

306.1. The maximum amount of the registration fee exigible pursuant to paragraph 1 of section 306 may be fixed for each instrument in the case of mining rights pertaining to mineral substances other than petroleum, natural gas and brine.

1990, c. 36, s. 17.

307. In the case of a claim, the fees referred to in paragraphs 3 and 8 of section 306 may vary according to the area of land covered by the claim or according to the region where the land is situated. Moreover, the fees referred to in paragraph 3 of section 306 may vary according to whether the renewal of the claim is applied for before or after the sixtieth day preceding its expiry, and the fees referred to in paragraph 8 of that section which must accompany the notice of map designation may vary according to the number of claims that are map designated during the same day for the same person, whatever the number of notices of map designation presented by that person during that day.

The minimum cost of the work referred to in paragraph 10 of the said section may vary according to the area of the land on which it is performed, the regions where the land is situated or the number of terms of the claim.

The norms with which any report of work performed on a claim must comply, the information which must be contained in the report and the documents which must accompany the report may vary according to the average cost of the work performed on the claim, according to the total value of the work declared in each report, or according to the total value of the work reported in a given period.

1987, c. 64, s. 307; 1990, c. 36, s. 18; 1998, c. 24, s. 129.

308. In the case of a mining lease, the rental referred to in paragraphs 2 and 3 of section 306 may vary according to the area of the land subject to the mining lease or to whether the land is situated on lands in the domain of the State or on lands granted, alienated or leased by the State for purposes other than mining purposes, depending on whether or not the surface of the soil is utilized or according to the nature of its utilization.

1987, c. 64, s. 308; 1999, c. 40, s. 178.

309. In the case of a lease to mine surface mineral substances, the requirements and conditions and the rental referred to in paragraphs 2 and 3 of section 306 may vary according to whether the lease is exclusive or not.

In the case of an exclusive lease, the rental referred to in paragraphs 2 and 3 of section 306 may vary according to the term of the lease, the area of the parcel of land subject to the lease and the mineral substance mined, or according to whether or not the substance is mined on land forming part of the domain of the State.

In the case of sand, gravel, common clay and inert tailings, the rental payable under paragraph 2 or 3 of section 306, the fees referred to in paragraph 13.1 of section 306 and the amount of the royalty fixed under paragraph 14 of the same section may vary according to the nature and quality of the substances, the distance between the site where the substances are found and the market served or the availability of the substances in a given region.

1987, c. 64, s. 309; 1990, c. 36, s. 19; 1998, c. 24, s. 130; 1999, c. 40, s. 178.

310. In the case of an exploration licence or a lease to produce petroleum, natural gas, or brine, the fee and the minimum cost of work and the rental, as the case may be, referred to in paragraphs 2, 3 and 10 of section 306, may vary according to the area of the land subject to the licence or lease or according to the region in which it is situated.

The amount of the royalty referred to in paragraph 14 of section 306 may vary according to production.

1987, c. 64, s. 310; 1988, c. 9, s. 53.

311. In the case of a mining exploration licence, the conditions and the amount of the fee referred to in paragraphs 2 and 3 of section 306 may vary according to the area of the land subject to the licence.

The minimum cost of the work referred to in paragraph 10 of the said section may vary according to the area of the land on which it is performed or according to the year of the term of the licence.

1987, c. 64, s. 311.

312. In the case of a mining concession referred to in section 119, the minimum cost of the work referred to in paragraph 10 of section 306 may vary according to the area of the land subject to the mining concession.

1987, c. 64, s. 312.

313. In the case of an exploration licence for petroleum, natural gas, brine or an underground reservoir, the nature and minimum cost of the work referred to in paragraph 10 of section 306 may vary according to the year of the term of the licence, the area of the territory subject to the licence and the region where it is situated.

1987, c. 64, s. 313.

313.1. The conditions prescribed for the closing of a well under paragraph 16 of section 306 may vary according to whether the discontinuation is temporary or permanent.

1988, c. 9, s. 54.

313.2. The protective measures prescribed under paragraph 26 of section 306 may vary according to the purpose of the mining operations.

1988, c. 9, s. 54.

313.3. The term and amount of the guarantee mentioned in paragraph 26.2 of section 306 may vary according to the nature of the activities or operations carried on by the holder of the mining right, the operator or person referred to in section 232.1, or according to the nature and estimated quantity of mine tailings to be produced on a given site.

1998, c. 24, s. 133.

CHAPTER XII PENAL PROVISIONS

314. Every person who contravenes any provision of sections 19, 157, 165, 176 and 227 is liable to a fine of $250 to $2,325 in the case of an individual and of $475 to $4,650 in the case of a legal person.

In the case of a second or subsequent conviction, the offender is liable to a fine of $475 to $4,650 in the case of an individual and of $950 to $9,275 in the case of a legal person.

1987, c. 64, s. 314; 1990, c. 4, s. 575, s. 576; 1990, c. 36, s. 20; 1991, c. 33, s. 77.

315. Every person who contravenes any provision of sections 100, 128, 140, 155, 160, 185, 193, 240 and 241 is liable to a fine of $1,175 to $5,800 in the case of an individual and of $2,325 to $11,600 in the case of a legal person.

In the case of a second or subsequent conviction, the offender is liable to a fine of $2,325 to $11,600 in the case of an individual and of $4,650 to $23,200 in the case of a legal person.

1987, c. 64, s. 315; 1990, c. 4, s. 575, s. 576; 1990, c. 36, s. 21; 1991, c. 33, s. 78.

316. Every person who contravenes any provision of sections 25, 27 and 30 is liable to a fine of $75 to $600 and in the case of a second or subsequent conviction, to a fine of $125 to $1,175.

1987, c. 64, s. 316; 1990, c. 4, s. 575, s. 576; 1991, c. 33, s. 79.

317. Every operator who contravenes any provision of sections 220 to 226 and 282 is liable to a fine of $75 to $1,175 in the case of an individual and of $125 to $2,325 in the case of a legal person.

In the case of a second or subsequent conviction, an operator is liable to a fine of $125 to $2,325 in the case of an individual and of $250 to $4,650 in the case of a legal person.

1987, c. 64, s. 317; 1990, c. 4, s. 575, s. 576; 1991, c. 33, s. 80.

318. Every person who contravenes any provision of sections 26, 45, 232.1 or 232.2, the first paragraph of section 232.6, the second paragraph of section 232.7 or sections 233 and 252 is liable to a fine of $600 to $3,500 in the case of an individual and of $1,175 to $6,975 in the case of a legal person.

In the case of a second or subsequent conviction, the offender is liable to a fine of $1,175 to $6,975 in the case of an individual and of $2,325 to $13,925 in the case of a legal person.

1987, c. 64, s. 318; 1990, c. 4, s. 575, s. 576; 1991, c. 33, s. 81; 1991, c. 23, s. 10.

319. Every person who contravenes a provision of a regulation which it is an offence to contravene, under paragraph 31 of section 306, is liable to a fine of $75 to $1,175 in the case of an individual and of $125 to $2,325 in the case of a legal person.

In the case of a second or subsequent conviction, the offender is liable to a fine of $125 to $2,325 in the case of an individual and of $250 to $4,650 in the case of a legal person.

1987, c. 64, s. 319; 1990, c. 4, s. 575, s. 576; 1991, c. 33, s. 82.

320. Any officer or employee in the “energy” or “mines” sectors of the Ministère des Ressources naturelles et de la Faune who fails to inform his employer, upon acquisition, of the interest he has, directly or indirectly, in any enterprise engaged in exploration, or mining, of mineral substances or operation of underground reservoirs governed by this Act is guilty of an offence and is liable to a fine of $75 to $1,175.

1987, c. 64, s. 320; 1990, c. 4, s. 575; 1991, c. 33, s. 83; 1994, c. 13, s. 15; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

321. Every person who prohibits or hinders access to a parcel of land containing mineral substances which forms part of the domain of the State, to a person authorized by the Minister to do geological research and inventories who, on request, identifies himself and produces the certificate signed by the Minister attesting his capacity, is guilty of an offence and is liable to a fine of $600 to $3,500.

In the case of a second or subsequent conviction, the offender is liable to a fine of $1,175 to $6,975.

1987, c. 64, s. 321; 1990, c. 4, s. 577; 1991, c. 33, s. 84; 1999, c. 40, s. 178.

321.1. Every person who contravenes section 30.1, damages an outstanding geological site classified by the Minister under section 305.1, or destroys or damages property located on such a site is liable to a fine of $500 to $100,000 in the case of a natural person and of $1,000 to $200,000 in the case of a legal person.

In the case of a second or subsequent conviction, the fines prescribed in the first paragraph are doubled.

2005, c. 45, s. 9.

322. Where an offence described in sections 315 to 321 continues for more than one day, it is considered a separate offence for each day or part of a day during which it continues.

1987, c. 64, s. 322; 1990, c. 4, s. 578.

322.1. Penal proceedings for an offence under this Act shall be prescribed by two years from the date of the commission of the offence.

1992, c. 61, s. 400.

323. (Repealed).

1987, c. 64, s. 323; 1990, c. 4, s. 579.

CHAPTER XIII AMENDING PROVISIONS

324. (Omitted).

1987, c. 64, s. 324.

325. (Omitted).

1987, c. 64, s. 325.

326. (Omitted).

1987, c. 64, s. 326; 1988, c. 9, s. 55.

327. (Omitted).

1987, c. 64, s. 327.

328. (Amendment integrated into c. A-4.1, s. 1).

1987, c. 64, s. 328.

329. (Amendment integrated into c. A-19.1, s. 1).

1987, c. 64, s. 329.

330. (Amendment integrated into c. A-19.1, s. 6).

1987, c. 64, s. 330.

331. (Amendment integrated into c. A-19.1, s. 246).

1987, c. 64, s. 331.

332. (Amendment integrated into c. C-47, s. 3).

1987, c. 64, s. 332.

333. (Amendment integrated into c. C-69, s. 40).

1987, c. 64, s. 333.

334. (Amendment integrated into c. D-15, s. 1).

1987, c. 64, s. 334.

335. (Amendment integrated into c. D-15, s. 5).

1987, c. 64, s. 335.

336. (Amendment integrated into c. F-2.1, s. 65).

1987, c. 64, s. 336.

337. (Amendment integrated into c. M-39, s. 17).

1987, c. 64, s. 337.

338. (Amendment integrated into c. P-41.1, s. 1).

1987, c. 64, s. 338.

339. (Amendment integrated into c. T-9.1, s. 56.1).

1987, c. 64, s. 339.

340. (Omitted).

1987, c. 64, s. 340.

CHAPTER XIV MISCELLANEOUS AND TRANSITIONAL PROVISIONS

341. This Act applies subject to the Act respecting the land regime in the James Bay and New Québec territories (chapter R-13.1), the Act approving the Agreement concerning James Bay and Northern Québec (chapter C-67) and the Act approving the Northeastern Québec Agreement (chapter C-67.1).

1987, c. 64, s. 341.

342. Cases pending before the judge designated pursuant to section 309.1 of the Mining Act (chapter M-13) before 24 October 1988 are continued in accordance with the said Mining Act.

1987, c. 64, s. 342.

343. Proceedings for the revocation of mining rights instituted by the Minister or for the revocation of a mining concession instituted by the Minister or the Government before 24 October 1988 are continued in accordance with the Mining Act (chapter M-13).

1987, c. 64, s. 343; 1988, c. 9, s. 56.

344. In any Act or statutory instrument, any reference to a provision of the Mining Act (chapter M-13) is a reference to the corresponding provision of this Act.

1987, c. 64, s. 344.

345. Regulations for the withdrawal from staking made under the Mining Act (chapter M-13) are deemed to be ministerial orders made under section 304 of this Act.

1987, c. 64, s. 345.

346. The holder of a prospector’s licence issued under the Mining Act (chapter M-13) may, subject to the rights under and conditions of the licence, stake a parcel of land and file a notice of staking in view of the registration of a claim under this Act; in such a case, the registration fee is reduced by one-fourth.

The licence holder may, where the parcel of land has been staked before 24 October 1988, file a notice of staking in view of the registration of a claim under the Mining Act (chapter M-13).

1987, c. 64, s. 346.

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.

348. Except in the case described in the first paragraph of section 123, where the area of a claim which, according to the original survey or, if none, the cadastre, covers part of a lot, the area of the claim is extended to include the whole lot provided that the lot can be staked or designated on a map in accordance with this Act.

Where a claim, exploration permit, mining lease or mining concession affecting the lot is abandoned, surrendered or revoked or expires, the increase in area becomes effective on the date of the surrender or abandonment, revocation or expiration.

1987, c. 64, s. 348.

349. The Minister may, where a lot of less than 500 hectares is subject to more than one claim, following an application by one of the claim holders and in accordance with the third paragraph of section 207, increase the area of his claim by the residue of the lot provided that that part is contiguous to his claim and that it can be staked or designated on a map in accordance with this Act.

Where one of the claims is abandoned, surrendered or revoked or expires, no application under the first paragraph may be made before the lapse of 30 days.

1987, c. 64, s. 349; 1988, c. 9, s. 59; 1998, c. 24, s. 134.

350. In cases described in sections 348 and 349, the increase in the area of a parcel of land does not increase the amounts that must be disbursed to perform work in respect of the claim for the term during which the increase takes place.

1987, c. 64, s. 350.

351. An application for a development licence made before 24 October 1988 is, for the purposes of this Act, considered to be an application for the renewal of the claims concerned by the application.

Every other application relating to mining rights made before 24 October 1988 is continued and decided in accordance with this Act.

1987, c. 64, s. 351; 1988, c. 9, s. 60.

352. The holder of a development licence issued under the Mining Act (chapter M-13) becomes the holder of the claims under the development licence.

This Act is applicable to the claim holder except that

(1)  with respect to claims to have been the subject of a renunciation pursuant to the second paragraph of section 75 of the Mining Act (chapter M-13), the amounts disbursed by the holder to perform work in respect of the claims shall be credited to the other claims also held by the holder in equal proportion and within the limits set out in section 76 of this Act, provided he makes an application to that effect within 180 days after 24 October 1988;

(2)  the rules set out in paragraphs 1, 3 and 7 of section 347 of this Act, adapted as required, apply to the claim.

1987, c. 64, s. 352; 1988, c. 9, s. 61.

353. Any amount disbursed to perform work in excess of the prescribed requirements in respect of a development licence pursuant to section 74 of the Mining Act (chapter M-13) shall be credited to the claims or licences to explore for surface mineral substances included in the licence in proportion to their respective area.

Notwithstanding the first paragraph, the licence holder may, within 180 days after 24 October 1988, produce a new distribution of the excess on the various claims.

1987, c. 64, s. 353; 1988, c. 9, s. 62.

354. Any work in excess of the prescribed requirements that is transferred to a licence to explore for surface mineral substances may stand in lieu of work required under section 137 of this Act.

1987, c. 64, s. 354.

355. Special licences and special exploration licences issued under the Mining Act (chapter M-13) remain in force, subject to the rights under and conditions of such licences, until their expiration.

The holder of either of such licences who, under that Act, would be entitled to a renewal of his licence shall obtain, upon the expiration of his licence, a certificate of registration evidencing his claim in respect of the parcel of land that was subject to his licence from the date of expiration of the licence.

Notwithstanding the foregoing, the holder of a special exploration licence issued under section 240.8 of the Mining Act (chapter M-13) is exempt, for as long as he remains the holder of that claim, from payment of the fee prescribed under this Act for the renewal of his claim.

1987, c. 64, s. 355.

356. The holder of a licence to operate a sand pit issued under the Regulation respecting the transfer of the right of working sand and gravel deposits (R.R.Q., 1981, c. M-13, r. 1) becomes a lessee under a non-exclusive lease to mine surface mineral substances or an exclusive lease to mine surface mineral substances, according to the type of licence he held.

1987, c. 64, s. 356.

357. Permits to explore in alluvial deposits issued under the Mining Act (chapter M-13) before 9 December 1986 remain in force, subject to the rights under and conditions of such permits, until their expiration.

The holder of a permit to explore in alluvial deposits may, before the date of expiration of his permit, obtain a mining lease under this Act.

1987, c. 64, s. 357.

358. The Regulation respecting exploration permits to explore for mineral substances in alluvial deposits (R.R.Q., 1981, c. M-13, r. 8) is repealed from 9 December 1986.

1987, c. 64, s. 358.

359. Every holder of a permit to explore in alluvial deposits issued under the Mining Act (chapter M-13) before 9 December 1986 may, before 24 October 1990 obtain a claim by way of map designation in respect of the parcel of land subject to his permit. Any amount disbursed to perform work in excess of prescribed requirements which is credited to the permit is applied to the claim.

1987, c. 64, s. 359.

360. Mining concessions granted under any former Act relating to mines are governed by this Act.

However, any person who has acquired a mining concession other than a mining concession for which letters patent were issued before 1 July 1911 may, on 15 January 1989, pay the tax or obtain a remittance under section 114 of the Mining Act (chapter M-13).

1987, c. 64, s. 360.

361. No transfer of a lot or surface right made before 17 June 1998 on a mining concession may be annulled on the sole ground of non-compliance by the holder with the requirements of the Mining Act respecting alienation in force from the date of the concession, or because of his failure to fulfil an obligation imposed on him by the Government or the ministers concerned.

The first paragraph does not apply to a deed of alienation that has not, on that date, been published at the registry office of the registration division concerned.

1987, c. 64, s. 361; 1988, c. 9, s. 63; 1998, c. 24, s. 135.

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

Contractual clauses inconsistent with the preceding paragraph shall be considered null and not written except those involving for the transferee 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 filling of an application therefor, in authentic form en minute, made by any interested person.

1987, c. 64, s. 362; 1999, c. 40, s. 178.

363. Where a surface right in a mining concession was transferred by a deed of sale before 1 January 1971, every clause respecting a right of repossession or a restriction as to use, 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 mining and granted to him by the Mining Act (chapter M-13) shall be deemed not written in such deed.

1987, c. 64, s. 363; 1998, c. 24, s. 137.

364. Section 113 applies also to deeds of alienation and constructions made and erected for purposes other than mining purposes on parcels of land already divided into lots on 1 January 1971.

1987, c. 64, s. 364.

364.1. Except in the cases referred to in section 114, the retrocession of mining rights by a concessionary in favour of the Minister, effected before 17 June 1998, shall include the surface rights even if they are not mentioned in the instrument of retrocession, and shall form part of the domain of the State from the date of the retrocession.

The concessionary is not entitled to any indemnity or reimbursement for any claim arising from the application of this section.

1998, c. 24, s. 138; 1999, c. 40, s. 178.

365. The white pine and red pine reserved to the State under the Mining Act on the granting of a concession are abandoned to the owner of the soil where they are found on a concession for which letters patent were issued before 1 July 1911.

1987, c. 64, s. 365; 1999, c. 40, s. 178.

366. Every holder of a drilling permit issued under the Mining Act (chapter M-13) becomes the holder of a well drilling permit.

1987, c. 64, s. 366.

367. Licences for using geophysical instruments and exploration licences for petroleum and natural gas issued pursuant to the second paragraph of section 298 of the Mining Act (chapter M-13) remain in force subject to the rights under and the conditions of the licences until their expiration.

1987, c. 64, s. 367.

368. Every holder of a licence to use natural gas issued under the Mining Act (chapter M-13) becomes the holder of a lease to use natural gas.

1987, c. 64, s. 368.

369. Every holder of an operating lease issued pursuant to the Mining Act (chapter M-13) for an area greater than that authorized by section 195 becomes the holder of several leases to produce petroleum and natural gas, each of which being for an area that is in conformity with that section.

The holder shall, within three months after 24 October 1988, notify the Minister of the area subject to each of the leases.

Failing notification, the Minister shall establish the area subject to each lease.

1987, c. 64, s. 369.

370. Every holder of a disposal licence or of a storage lease issued under the Mining Act (chapter M-13) becomes the holder of a lease to operate an underground reservoir.

1987, c. 64, s. 370.

371. The long-term operating licence bearing no. 30759 remains in force subject to the rights under and the conditions of the licence until its expiration.

The holder of the licence contemplated in the first paragraph may, before the expiration of his licence, obtain a lease to use natural gas under this Act.

1987, c. 64, s. 371.

372. Every assay coupon issued under the Mining Act (chapter M-13) remains valid until its expiration.

1987, c. 64, s. 372.

373. (Repealed).

1987, c. 64, s. 373; 1990, c. 36, s. 22.

374. All lands in the domain of the State that were allocated for the establishment of a mining town or village are subject to the provisions of the Act respecting the lands in the domain of the State (chapter T‐8.1) and the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M‐25.2).

1987, c. 64, s. 374; 1998, c. 24, s. 139; 1999, c. 40, s. 178; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

374.1. No deed of alienation granted by the Minister in respect of a lot situated in a mining town or village before 17 June 1998 may not be invalidated on the sole ground that the price and conditions of alienation were not fixed by the Government.

1998, c. 24, s. 140.

374.2. Every transfer of a lot in a mining town or village by way of a lease known as an emphyteutic lease granted before 17 June 1998 by the Government or by a third person having acquired land in the domain of the State for the establishment of a mining town or village, is deemed to constitute a sale pure and simple.

The clauses of the contract that are incompatible with the first paragraph are deemed unwritten; all hypothecs guaranteeing the payment of a sum of money are extinguished and their registration may be cancelled by the filing of an application in notarial form and en minute by the interested person.

1998, c. 24, s. 140; 1999, c. 40, s. 178.

374.3. The conditions stipulated in the letters patent issued on 10 November 1952 for block 9 of the original survey and of the cadastre for the township of Holland, registered at the office of the Québec registrar on 11 November 1952 under Libro 82 Folio 102 shall cease to have effect on 17 June 1998.

Acts of alienation granted by the holder of the letters patent or by the holder’s successors may not be invalidated on the sole ground that the conditions have not been complied with.

1998, c. 24, s. 140.

375. (Repealed).

1987, c. 64, s. 375; 1998, c. 24, s. 141.

376. Prescriptions running pursuant to sections 227, 228 and 229 of the Mining Act (chapter M-13) continue to run in accordance with the provisions of those sections.

1987, c. 64, s. 376.

377. The compensation exigible by any person whose mining rights have been revoked pursuant to any former Act relating to mining shall be computed in accordance with the rules set out in section 268.

1987, c. 64, s. 377.

378. Rights in natural and artificial underground reservoirs created by the extraction of petroleum, natural gas, brine or water that are situated on lands granted or alienated by the State before 5 July 1968 are revoked and revert to the State from 24 October 1988, whatever the mode of their granting or alienation.

1987, c. 64, s. 378; 1999, c. 40, s. 178.

379. If, after rights in an underground reservoir have been revoked, the underground reservoir concerned is operated, the person whose rights were revoked is entitled, as compensation, to the royalty referred to in section 274. Sections 275 to 277 apply to the payment of the compensation.

1987, c. 64, s. 379.

380. The Government may, by regulation, make any provisional or transitional provision not contrary to this chapter and intended to protect vested rights under the Mining Act (chapter M-13) to ensure the carrying out of this Act.

The Government may, if it considers it expedient, order that the regulation becomes effective before the date of its publication in the Gazette officielle du Québec.

1987, c. 64, s. 380.

381. The sums required for the purposes of this Act are taken, for the fiscal years 1987-88 and 1988-89 and to the extent determined by the Government, out of the Consolidated Revenue Fund and, for subsequent fiscal years, out of the sums granted annually for that purpose by Parliament.

1987, c. 64, s. 381.

382. The Minister of Natural Resources and Wildlife is responsible for the administration of this Act, except the provisions concerning mining roads, which shall be administered by the Minister of Transport.

1987, c. 64, s. 382; 1994, c. 13, s. 15; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

383. (Omitted).

1987, c. 64, s. 383.

SCHEDULE I

(Repealed).

1987, c. 64, Schedule I; 1988, c. 9, s. 64; 1996, c. 2, s. 739; 1998, c. 24, s. 142.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 64 of the statutes of 1987, in force on 1 March 1989, is repealed, except sections 325 to 327 and 383, effective from the coming into force of chapter M-13.1 of the Revised Statutes.