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Canada — Quebec Act or statute

Canada — Quebec legislation

Mining Act, 1987

AS mineral resources are present throughout Québec and constitute social wealth for present and future generations; AS mining has helped forge Québec’s identity and should continue to be a source of pride;…

Source excerpt

abandonmentaccess restrictionsadministrative classificationadministrative decision-makingadministrative decisionsadministrative extensionadministrative noticeadministrative replacementadministrative time limitsannual dutiesannual rentalannual report filingannual reportingannulmentapplication processingapplicationsarea limitasset transferauthorizationauthorization complianceauthorization renewalcertificatescircular economycommunity consultationcompensationcomplianceconcession abandonmentconcessionsconditionsconditions on permitsconfidentialityconstruction materialsconsultation policycontract compliancecost allocationcost estimatescost recoverycourt procedurecreditorsdamages claimsdeadlinesdeeds of saledefinitionsdepositsdisaster authorizationdispute referraldispute resolutiondocument retentiondocument reviewduties and feesdutyeconomic developmentemergency measuresemergency ordersenvironmental authorizationenvironmental complianceenvironmental monitoringenvironmental permittingevictionexclusive exploration rightexclusive leaseexplorationexploration planningexploration rightsexploration rights registrationexploration rights transferexploration spendingexploration surveysexploration workfeesfees and royaltiesfilingfinancial contributionsfinancial guaranteefinancial guaranteesfinesfollow-up monitoringforest development complianceforest roadsforestrygeological site regulationgovernment authorizationgovernment noticegovernment publicationguaranteeindemnityindigenous communitiesindustrial processingindustrial supplyinformation sessionsinspection complianceinspectionsinvestigation obstructionland accessland alienationland concessionsland designationland grantsland leasesland leasingland parcel delimitationland perimeterland preservationland reservationland restorationland surveyland title correctionland transferland transfersland useland use regulationland use restrictionslease abandonmentlease administrationlease area increaselease compensationlease expansionlease expirylease extensionlease grant conditionslease paymentlease renewallease restrictionslease termlease termsleaseslegal complianceletters patentliability exclusionlot drawmap designationmine closuremine closure/discontinuancemine production reportingmine rehabilitationmineral explorationmineral exploration rightsmineral extractionmineral leasesmineral leasingmineral operationsmineral processingmineral recoverymineral rightsmineral substancesminingmining and exploration rightsmining compliancemining concessionmining concessionsmining explorationmining exploration cost treatmentmining leasemining lease abandonmentmining lease termmining leasesmining operationsmining rehabilitationmining rightsmining rights registrationmining rights registrymining roadsmining roads managementmining sectormining servicesministerial applicationministerial approvalministerial authorizationministerial discretionministerial enforcementministerial extensionministerial issuanceministerial noticeministerial ordersministerial powersministerial reportingministerial responsibilitymortgagesnatural resourcesnoticeobligationsoffencesofficial notice publicationoperational suspensionparcel boundariesparcel perimeterpeat leasingpermit conditionspermit conversionpermit revocationplan approvalpossessionprescription interruptionprivate domainprivate landprocessingprofessional services costsproject approvalproject governancepropertyproperty removalprospectingprospecting suspensionprospecting workpublic consultationpublic disclosurepublic interestpublic registerpublic registerspublication dutiesreal propertyreal property acquisitionreal property classificationreal property registrationreal property rightsrecordkeepingrefund set-offregistering rightsregistrationregistration refusalregistry administrationregistry publicationregulatory complianceregulatory conversionregulatory feesregulatory noticeregulatory ordersregulatory paymentregulatory permitsregulatory powersregulatory refusalregulatory reportingregulatory valuationregulatory withdrawal of mineral substancesrehabilitationrehabilitation and restorationrehabilitation and restoration workrehabilitation planrehabilitation plansreimbursementrenewalrentrentalrental obligationsreportingreporting complianceresource extractionresource rightsresource userestorationrestoration planrestoration workretrocessionreview applicationrevision obligationsrevocationrevocation procedureright of wayright renewalroad closureroad declassificationroad safety complianceroad useroadsroyaltiesroyaltyroyalty exemptionroyalty paymentrulemakingsafety measuresscope of applicationsearch and seizuresecurity interestssite accesssite rehabilitationstate domainstate domain usestate hypothecstate landstate reservestate rightsstate work construction and maintenancestate worksstatistical reportingstatistical usestatute consolidationstatutory governancesurface mineral substancessurface rightssurvey conformitysurvey requirementssurveyingsustainable developmenttailingstailings rightstax debt enforcementterritorial boundariestimber cuttingtimber scalingtiming restrictionsunderground explorationunderground reservoirsuse of materialswater powerwaterpowerwithdrawal liftingwithdrawal reinstatementwork authorizationwork expenditurework expenditure carryforwardwork planswork reporting
Jurisdiction
Canada — Quebec
Structure
523 provisions
Official identity
Year 1987
Dates
Enacted 1987 · Source version 10 Jun 2026
More statute details
Dates
Enacted 1987 · Source version 10 Jun 2026
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01

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“AS mineral resources are present throughout Québec and constitute social wealth for present and future generations; AS mining has helped forge Québec’s identity and should continue to be a source of pride; AS it is necessary to promote the”

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02

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    Enacted 1987 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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AS mineral resources are present throughout Québec and constitute social wealth for present and future generations; AS mining has helped forge Québec’s identity and should continue to be a source of pride; AS it is necessary to promote the

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Section 41

An exclusive exploration right may be registered in favour of the State.

Section 41

Section 78

Excess amounts spent on an exclusive exploration right may be used to renew another eligible exclusive exploration right.

Section 78

Section 103

The area subject to exclusive exploration rights is reduced by the area covered by the lease.

Section 103

Section 141.1

A non-exclusive lease may only cover a single loose deposit of mineral substances in their natural state.

Section 141.1

04

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Source record from www.legisquebec.gouv.qc.ca · Enacted 1987 · Source version 10 Jun 2026

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Showing 200 of 523 provisions

Provision 128Repeal 69Amendment 2Commencement
§ —DocumentProvision

Source excerpt

AS mineral resources are present throughout Québec and constitute social wealth for present and future generations; AS mining has helped forge Québec’s identity and should continue to be a source of pride; AS it is necessary to promote the

AS mineral resources are present throughout Québec and constitute social wealth for present and future generations; AS mining has helped forge Québec’s identity and should continue to be a source of pride; AS it is necessary to promote the optimal use of mineral resources in order to create as much wealth as possible for the people of Québec; AS it is necessary to engage in mineral development in a manner respectful of the environment; AS it is necessary to promote development that is associated with Québec communities and integrated into their environment; AS it is necessary to pursue sustainable diversification of the regions’ economies.
DocumentVerify source
§ 1Section 1Provision

Source excerpt

This section defines key terms used in the Act, including several mining-related categories and substances.

1. In this Act, “collector minerals and crystals” means minerals and crystals, including gemstones, mined on the surface for commercial purposes and intended for collectors or for making jewellery; “holder of a mining right” means a person who holds a mining title in accordance with this Act, including a business corporation, a partnership, an association of persons, a succession, a sequestrator, a trustee in bankruptcy, a monitor of financial affairs, a liquidator, a trustee or any other administrator of the property of others; “mineral substances” means natural mineral substances in solid 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; “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 in which the prospecting is carried out; “surface mineral substances” means peat; sand including silica sand; gravel; collector minerals and crystals; 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. 1987, c. 64, s. 1; 1988, c. 9, s. 1; 1998, c. 24, s. 1; 2005, c. 45, s. 1; 1998, c. 24, s. 1; 2016, c. 35, s. 23; 2024, c. 36, s. 1.
Section 1Verify source
§ 2Section 2Provision

Source excerpt

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

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.
Section 2Verify source
§ 2.1Section 2.1Provision

Source excerpt

This section says the Act should be read consistently with the obligation to consult Native communities, and the Government must consult Native communities separately when the circumstances warrant.

2.1. This Act must be construed in a manner consistent with the obligation to consult Native communities. The Government shall consult Native communities separately if the circumstances so warrant. 2013, c. 32, s. 2.
Section 2.1Verify source
§ 2.2Section 2.2Provision

Source excerpt

2.2. Taking into account the rights and interests of Native communities is an integral part of reconciling mining activities with other possible uses of the territory. 2013, c. 32, s. 2.

2.2. Taking into account the rights and interests of Native communities is an integral part of reconciling mining activities with other possible uses of the territory. 2013, c. 32, s. 2.
Section 2.2Verify source
§ 2.3Section 2.3Provision

Source excerpt

The Minister must draw up, publish, and keep up to date a Native community consultation policy for the mining sector.

2.3. The Minister draws up, makes public and keeps up to date a Native community consultation policy specific to the mining sector. 2013, c. 32, s. 2.
Section 2.3Verify source
§ 2.4Section 2.4Provision

Source excerpt

The Government may make an agreement to reserve or withdraw a parcel from mining-related activity, and the Minister may temporarily suspend prospecting and mining-rights grants by registered notice until that agreement takes effect.

2.4. In order to reconcile mining activities with the activities pursued by Indigenous people for food, ritual or social purposes or the activities pursued in accordance with the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1), the Government may enter into, with an Indigenous nation represented by all the band councils of the communities forming the Indigenous nation, with the Makivik Corporation, the Kativik Regional Government or the Cree Nation Government, or with an Indigenous community represented by its band council, northern village council, Cree village council or Naskapi village council, an agreement determining the boundaries of a parcel of land where any mineral substance forming part of the domain of the State is reserved to the State, on the conditions fixed in the agreement, or is withdrawn from prospecting, mining exploration and mining operations. The reservation or withdrawal provided for in the first paragraph takes effect on the date fixed by the agreement. The reservation or withdrawal limits shall be registered in the public register of real and immovable mining rights. The Minister may, by the registration of a notice in the public register of real and immovable mining rights, temporarily suspend prospecting on and the granting of mining rights in respect of a parcel of land whose boundaries are indicated in the notice, until the reservation or withdrawal provided for by the agreement takes effect. 2024, c. 36, s. 2.
Section 2.4Verify source
§ 3Section 3Provision

Source excerpt

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.

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. 1987, c. 64, s. 3; 1988, c. 9, s. 3; 1999, c. 40, s. 178; 2016, c. 35, s. 23.
Section 3Verify source
§ 4Section 4Provision

Source excerpt

4. Rights in or over mineral substances listed below, provided those substances were the subject of mining operations on 28 May 2024, do not form part of the domain of the State if the substances are found — in mining concessions for which

4. Rights in or over mineral substances listed below, provided those substances were the subject of mining operations on 28 May 2024, 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; 2024, c. 36, s. 3.
Section 4Verify source
§ 5Section 5Provision

Source excerpt

In certain State-granted or alienated lands used for non-mining purposes, the owner of the soil gets the rights in the listed mineral substances.

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: 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; 2024, c. 36, s. 4.
Section 5Verify source
§ 6Section 6Provision

Source excerpt

A lessee of State land leased for non-mining purposes may move and use listed mineral substances for domestic needs on the leased parcel.

6. The lessee of land in the domain of the State leased for purposes other than mining purposes may move and use, for the lessee’s domestic needs, the mineral substances listed in section 5 on the parcel of land that is subject to the lessee’s rights. 1987, c. 64, s. 6; 1999, c. 40, s. 178; 2013, c. 32, s. 3; 2024, c. 36, s. 5.
Section 6Verify source
§ 7Section 7Provision

Source excerpt

Tailings rights belong to the mining lease or mining concession holder, but after expiry, abandonment, or revocation they belong to the soil owner if the tailings were deposited with that owner’s consent.

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.
Section 7Verify source
§ 8Section 8Provision

Source excerpt

This section states that certain mining rights are immovable real rights.

8. The mining rights conferred by the following titles are immovable real rights: — exclusive exploration rights; — mining leases; — mining concessions; — leases to mine surface mineral substances. 1987, c. 64, s. 8; 1998, c. 24, s. 2; 2013, c. 32, s. 4; 2016, c. 35, s. 23; 2024, c. 36, s. 140.
Section 8Verify source
§ 9Section 9Provision

Source excerpt

9. Ownership of any real and immovable mining right is separate from ownership of the soil involved. Use of the soil, before or after a mining right is granted, by a third person does not in any case confer a right to compensation on the

9. Ownership of any real and immovable mining right is separate from ownership of the soil involved. Use of the soil, before or after a mining right is granted, by a third person does not in any case confer a right to compensation on the holder of the mining right. The same applies to the transfer or granting of rights in lands in the domain of the State. This section is declaratory. 1987, c. 64, s. 9; 2013, c. 32, s. 5.
Section 9Verify source
§ 10Section 10Repeal

Source excerpt

Section 10 is repealed.

10. (Repealed). 1987, c. 64, s. 10; 1998, c. 24, s. 3; 2000, c. 42, s. 185; 1998, c. 24, s. 3; 2013, c. 32, s. 6.
Section 10Verify source
§ 11Section 11Provision

Source excerpt

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

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.
Section 11Verify source
§ 12Section 12Repeal

Source excerpt

Section 12 is repealed.

12. (Repealed). 1987, c. 64, s. 12; 1998, c. 24, s. 4.
Section 12Verify source
§ 13Section 13Provision

Source excerpt

The registrar appointed by the Minister of Natural Resources and Wildlife must keep the public register of real and immovable mining rights and record related entries and titles.

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 any other instrument relating to the following mining rights: — mining leases; — mining concessions; — leases to mine surface mineral substances; (4) register promises to purchase relating to exclusive exploration rights. 1987, c. 64, s. 13; 1994, c. 13, s. 15; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2013, c. 32, s. 7; 2016, c. 35, s. 23; 2024, c. 36, s. 140.
Section 13Verify source
§ 13.1Section 13.1Provision

Source excerpt

The registrar must register certain authorizations in the public mining rights register and record certain lease or exclusive exploration right declarations tied to discoveries with 0.1% or more triuranium octaoxide.

13.1. The registrar shall register the authorizations granted under sections 66, 67, 69, 70, 80.1, 106, 107, 140, 140.0.1 and 150 in the public register of real and immovable mining rights. The registrar shall make an entry in the register relating to the declarations of lease or holder of an exclusive exploration right concerning the discovery of mineral substances that contain 0.1% or more of triuranium octaoxide. 2013, c. 32, s. 8; 2024, c. 36, ss. 6 and 140.
Section 13.1Verify source
§ 14Section 14Provision

Source excerpt

Transfers of real and immovable mining rights, and certain related acts, must be registered in the public register, with a copy of the instrument and the required regulatory fees.

14. Every transfer of a real and immovable mining right, and every other act to which paragraph 3 or 4 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 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; 2013, c. 32, s. 9.
Section 14Verify source
§ 15Section 15Repeal

Source excerpt

Section 15 is repealed.

15. (Repealed). 1987, c. 64, s. 15; 1999, c. 40, s. 178; 1998, c. 24, s. 6.
Section 15Verify source
§ 16Section 16Provision

Source excerpt

The registrar must issue a certificate of any entry in the public register of real and immovable mining rights when the prescribed fee has been paid.

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.
Section 16Verify source
§ 17Section 17Provision

Source excerpt

17. The purpose of this Act is to promote prospecting and exploration for, and mining of, mineral substances, as well as their processing in Québec in keeping with sustainable development and circular economy principles, while ensuring

17. The purpose of this Act is to promote prospecting and exploration for, and mining of, mineral substances, as well as their processing in Québec in keeping with sustainable development and circular economy principles, while ensuring that Quebecers get a fair share of the wealth generated by mineral resources and taking into account other possible uses of the territory. Another purpose of this Act is to ensure that non-renewable resources are used for the benefit of future generations. A further purpose of this Act is to develop homegrown expertise in mineral resource exploration, development and processing in Québec. 1987, c. 64, s. 17; 2013, c. 32, s. 10; 2024, c. 36, s. 8.
Section 17Verify source
§ 18Section 18Provision

Source excerpt

This chapter applies to mineral substances in lands in the State domain, and to mineral substances in private-domain lands when those substances form part of the State domain.

18. This chapter applies to mineral substances which are situated in lands in the domain of the State and in lands in the private domain where the mineral substances form part of the domain of the State. 1987, c. 64, s. 18; 1999, c. 40, s. 178; 2016, c. 35, s. 23.
Section 18Verify source
§ 18.1Section 18.1Provision

Source excerpt

A person who meets the prescribed regulatory conditions may apply for a mining right and may hold that right.

Not in force 18.1. Any person who complies with the conditions prescribed by regulation may apply for the granting of a mining right and may hold such a right. 2024, c. 36, s. 9.
Section 18.1Verify source
§ 19Section 19Provision

Source excerpt

Any person may prospect on land in the domain of the State, subject to this division.

19. Any person may prospect on land in the domain of the State in accordance with this division. 1987, c. 64, s. 19; 1988, c. 9, s. 9; 2021, c. 35, s. 25; 2024, c. 36, s. 10.
Section 19Verify source
§ 20Section 20Provision

Source excerpt

Section 20 is marked as replaced.

20. (Replaced). 1987, c. 64, s. 20; 1988, c. 9, s. 9; 2021, c. 35, s. 25.
Section 20Verify source
§ 21Section 21Provision

Source excerpt

Section 21 is marked “Replaced.”

21. (Replaced). 1987, c. 64, s. 21; 1999, c. 40, s. 178; 2021, c. 35, s. 25.
Section 21Verify source
§ 22Section 22Provision

Source excerpt

Section 22 is marked “Replaced.”

22. (Replaced). 1987, c. 64, s. 22; 1998, c. 24, s. 7; 2021, c. 35, s. 25.
Section 22Verify source
§ 23Section 23Provision

Source excerpt

23. (Replaced). 1987, c. 64, s. 23; 1988, c. 9, s. 9; 2021, c. 35, s. 25.

23. (Replaced). 1987, c. 64, s. 23; 1988, c. 9, s. 9; 2021, c. 35, s. 25.
Section 23Verify source
§ 24Section 24Provision

Source excerpt

24. (Replaced). 1987, c. 64, s. 24; 1988, c. 9, s. 9; 2021, c. 35, s. 25.

24. (Replaced). 1987, c. 64, s. 24; 1988, c. 9, s. 9; 2021, c. 35, s. 25.
Section 24Verify source
§ 24.1Section 24.1Provision

Source excerpt

Section 24.1 is marked as replaced.

24.1. (Replaced). 1990, c. 36, s. 1; 2021, c. 35, s. 25.
Section 24.1Verify source
§ 25Section 25Provision

Source excerpt

This section is marked as replaced.

25. (Replaced). 1987, c. 64, s. 25; 2021, c. 35, s. 25.
Section 25Verify source
§ 26Section 26Provision

Source excerpt

No person may block or interfere with access to land for a person prospecting there, if that person identifies himself on request.

26. No person may prohibit or hinder access to any land to any person prospecting on that land in accordance with the provisions of this division if the person identifies himself on request. 1987, c. 64, s. 26; 1999, c. 40, s. 178; 2021, c. 35, s. 26; 2024, c. 36, s. 11.
Section 26Verify source
§ 27Section 27Provision

Source excerpt

Prospecting is prohibited on certain parcels of land, including land subject to an exclusive exploration right, mining lease, mining concession, temporary suspension notice, or mineral withdrawal, and also on land where mineral substances are reserved to the State except as sections 2.4 and 304 allow.

27. It is prohibited to prospect on a parcel of land that is subject to an exclusive exploration right, a mining lease or a mining concession as well as on a parcel of land regarding which a temporary suspension notice has been issued or on a parcel of land where mineral substances are withdrawn from prospecting, mining exploration and mining operations under this Act. It is prohibited to prospect on a parcel of land where mineral substances are reserved to the State, except to the extent provided for in sections 2.4 and 304. 1987, c. 64, s. 27; 2005, c. 45, s. 2; 2013, c. 32, s. 11; 2024, c. 36, s. 12.
Section 27Verify source
§ 28Section 28Repeal

Source excerpt

Section 28 is repealed.

28. (Repealed). 1987, c. 64, s. 28; 1998, c. 24, s. 8; 2003, c. 15, s. 1; 2021, c. 35, s. 27.
Section 28Verify source
§ 28.1Section 28.1Repeal

Source excerpt

Section 28.1 is repealed.

28.1. (Repealed). 2003, c. 15, s. 2; 2021, c. 35, s. 27.
Section 28.1Verify source
§ 29Section 29Repeal

Source excerpt

Section 29 is repealed.

29. (Repealed). 1987, c. 64, s. 29; 1998, c. 24, s. 9; 2013, c. 32, s. 12; 2021, c. 35, s. 28; 2024, c. 36, s. 13.
Section 29Verify source
§ 30Section 30Repeal

Source excerpt

Section 30 is repealed.

30. (Repealed). 1987, c. 64, s. 30; 2003, c. 15, s. 3; 2013, c. 32, s. 13; 2021, c. 35, s. 29; 2024, c. 36, s. 13.
Section 30Verify source
§ 30.1Section 30.1Provision

Source excerpt

Mining exploration or mining operation work is prohibited on an outstanding geological site classified under section 305.1.

30.1. It is prohibited to perform mining exploration or mining operation work on an outstanding geological site classified under section 305.1. 2005, c. 45, s. 3; 2021, c. 35, s. 30; 2024, c. 36, s. 14.
Section 30.1Verify source
§ 31Section 31Repeal

Source excerpt

Section 31 is repealed.

31. (Repealed). 1987, c. 64, s. 31; 1998, c. 24, s. 10.
Section 31Verify source
§ 32Section 32Repeal

Source excerpt

Section 32 is repealed.

32. (Repealed). 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; 2010, c. 3, s. 299; 2013, c. 32, s. 14; 2021, c. 35, s. 31.
Section 32Verify source
§ 33Section 33Provision

Source excerpt

A person may not prospect on any land without the Minister’s prior authorization.

33. No person may, without the prior authorization of the Minister, prospect on any land (1) situated in an Indian reserve; (2) designated as a migratory bird sanctuary under the Migratory Birds Convention Act (R.S.C. 1985, c. M-7). 1987, c. 64, s. 33; 1998, c. 24, s. 12; 2021, c. 35, s. 32.
Section 33Verify source
§ 34Section 34Provision

Source excerpt

The Minister may attach conditions and requirements to his authorization.

34. The Minister may subject his authorization to conditions and requirements which may, among other matters and notwithstanding the provisions of this Act, concern prospecting. 1987, c. 64, s. 34; 1998, c. 24, s. 13; 2024, c. 36, s. 15.
Section 34Verify source
§ 35Section 35Repeal

Source excerpt

Section 35 is repealed.

35. (Repealed). 1987, c. 64, s. 35; 1998, c. 24, s. 14; 2021, c. 35, s. 33.
Section 35Verify source
§ 36Section 36Repeal

Source excerpt

Section 36 is repealed.

36. (Repealed). 1987, c. 64, s. 36; 1988, c. 9, s. 9; 1998, c. 24, s. 15; 2021, c. 35, s. 33.
Section 36Verify source
§ 37Section 37Repeal

Source excerpt

Section 37 is repealed.

37. (Repealed). 1987, c. 64, s. 37; 1998, c. 24, s. 16.
Section 37Verify source
§ 38Section 38Provision

Source excerpt

No person may designate on a map land tied to certain refused, abandoned, revoked, unrenewed, or expired exclusive exploration rights until the stated waiting period has passed.

38. No person may designate on a map any land that is subject to an exclusive exploration right the registration of which has been refused or an abandoned, revoked, unrenewed or expired exclusive exploration right, before 9:00 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 exclusive exploration right became enforceable, 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 exclusive exploration right or any person who had an interest therein, or any person whose application for the registration of an exclusive exploration right has been refused, 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 a contestation 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; 2013, c. 32, s. 15; 2020, c. 12, s. 144; 2021, c. 35, s. 34; 2024, c. 36, s. 140.
Section 38Verify source
§ 39Section 39Provision

Source excerpt

Certain department officers, employees, or persons acting for the State who discover ore must mark the parcel of land containing it on a map for the State.

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 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; 2021, c. 35, s. 35.
Section 39Verify source
§ 40Section 40Provision

Source excerpt

An exclusive exploration right may be obtained by map designation under this division.

40. An exclusive exploration right may be obtained by map designation in accordance with this division. The expression “exclusive exploration right” also covers any exclusive exploration right obtained by staking or by map designation in accordance with this Act before 29 November 2024. For the purposes of this division, “staked exclusive exploration right”, “exclusive exploration right obtained by staking” or “parcel of land staked”, “staked parcel of land”, or “land staked”, means an exclusive exploration right obtained by staking or the parcel of land on which such an exclusive exploration right is obtained in accordance with this Act, as it reads on 8 December 2021. 1987, c. 64, s. 40; 2021, c. 35, s. 36; 2024, c. 36, ss. 16 and 140.
Section 40Verify source
§ 41Section 41Provision

Source excerpt

An exclusive exploration right may be registered in favour of the State.

41. An exclusive exploration right may be registered in favour of the State. 1987, c. 64, s. 41; 1998, c. 24, s. 18; 2024, c. 36, s. 17.
Section 41Verify source
§ 42Section 42Provision

Source excerpt

The Minister determines the area and shape of land that may be subject to an exclusive exploration right by map designation, and registers it in the public mining rights register.

42. The area and shape of a parcel of land that may be the subject of an exclusive exploration right by way of map designation shall be determined by the Minister and registered in the public register of real and immovable mining rights. Any modification takes effect on the date specified in the notice. 1987, c. 64, s. 42; 1988, c. 9, s. 10; 1998, c. 24, s. 19; 2003, c. 15, s. 5; 2013, c. 32, s. 16; 2021, c. 35, s. 37; 2024, c. 36, s. 18.
Section 42Verify source
§ 42.1Section 42.1Provision

Source excerpt

An exclusive exploration right must cover the full parcel area, subject to a limited exception for land open to map designation. A holder with a right obtained by conversion of a mining right may refuse added excess land within 60 days if that addition would trigger new requirements under section 231.

42.1. Every exclusive exploration right obtained by map designation or by conversion of a mining right into a map designated exclusive exploration right pursuant to subdivision 5 of this division must cover the entire area of a parcel of land determined by the Minister and registered in the public register of real and immovable mining rights 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 exclusive exploration right has been obtained by the conversion of a mining right, the holder of an exclusive exploration right may, within 60 days from the date of issue of the certificate of registration of the exclusive exploration right, refuse the inclusion of any part of the parcel of land subject to the exclusive exploration right that exceeds the area subject to the converted mining right if the inclusion of the excess portion would impose new requirements on the holder of an exclusive exploration right by reason of the application of section 231. 1998, c. 24, s. 20; 2024, c. 36, s. 19.
Section 42.1Verify source
§ 42.2Section 42.2Provision

Source excerpt

If an exclusive exploration right cannot be extended to the full parcel, the land area must be extended as soon as possible to match the parcel, and the Minister must extend one right by lot where multiple rights overlap; the holder may refuse the extension within 60 days if it would add new obligations under section 231.

42.2. Where it has not been possible to extend an exclusive exploration right obtained by map designation or by conversion of a mining right to cover the total area of a parcel of land as registered in the public register of real and immovable mining rights, the area of land subject to the exclusive exploration right must, as soon as possible, be extended so as to include an area corresponding to the total area of a parcel of land registered in the register provided that the included area is open to map designation in accordance with this Act. Where parts of a parcel of land registered in the register are subject to more than one exclusive exploration right, the Minister shall extend one such exclusive exploration right, 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 exclusive exploration right 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 holder of an exclusive exploration right by reason of the application of section 231. 1998, c. 24, s. 20; 2024, c. 36, s. 20.
Section 42.2Verify source
§ 42.3Section 42.3Provision

Source excerpt

Extending the area of land under an exclusive exploration right must not increase the cost of the work required for that right during the extension term.

42.3. No extension of the area of the parcel of land subject to an exclusive exploration right, pursuant to section 42.2, shall have the effect of increasing the cost of the work to be performed in respect of the exclusive exploration right for the term during which the extension is effected. 1998, c. 24, s. 20; 2024, c. 36, s. 140.
Section 42.3Verify source
§ 42.4Section 42.4Provision

Source excerpt

The Minister may make decisions under sections 42.1 and 42.2 and may order a land survey when needed to apply those provisions.

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 an exclusive exploration right 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; 2024, c. 36, s. 140.
Section 42.4Verify source
§ 42.5Section 42.5Repeal

Source excerpt

Section 42.5 is repealed.

42.5. (Repealed). 2003, c. 15, s. 6; 2013, c. 32, s. 17; 2021, c. 35, s. 38.
Section 42.5Verify source
§ 43Section 43Repeal

Source excerpt

Section 43 is repealed.

43. (Repealed). 1987, c. 64, s. 43; 1988, c. 9, s. 11, s. 12; 1998, c. 24, s. 21.
Section 43Verify source
§ 44Section 44Repeal

Source excerpt

Section 44 is repealed.

44. (Repealed). 1987, c. 64, s. 44; 1988, c. 9, s. 9, s. 14; 1999, c. 40, s. 178; 1998, c. 24, s. 22; 2021, c. 35, s. 38.
Section 44Verify source
§ 45Section 45Repeal

Source excerpt

Section 45 is repealed.

45. (Repealed). 1987, c. 64, s. 45; 1988, c. 9, s. 15; 2013, c. 32, s. 18; 2021, c. 35, s. 38.
Section 45Verify source
§ 46Section 46Repeal

Source excerpt

Section 46 is repealed.

46. (Repealed). 1987, c. 64, s. 46; 1988, c. 9, s. 16; 1998, c. 24, s. 23; 2013, c. 32, s. 19; 2021, c. 35, s. 38.
Section 46Verify source
§ 47Section 47Provision

Source excerpt

47. An exclusive exploration right is acquired by the filing of a notice of map designation followed by its registration in the public register of real and immovable mining rights. 1987, c. 64, s. 47; 1998, c. 24, s. 24; 2013, c. 32, s.

47. An exclusive exploration right is acquired by the filing of a notice of map designation followed by its registration in the public register of real and immovable mining rights. 1987, c. 64, s. 47; 1998, c. 24, s. 24; 2013, c. 32, s. 20; 2021, c. 35, s. 39; 2024, c. 36, s. 21.
Section 47Verify source
§ 48Section 48Repeal

Source excerpt

Section 48 is repealed.

48. (Repealed). 1987, c. 64, s. 48; 1998, c. 24, s. 25; 2003, c. 15, s. 7; 2013, c. 32, s. 21; 2021, c. 35, s. 40.
Section 48Verify source
§ 49Section 49Provision

Source excerpt

A notice of map designation must be filed on a Minister-supplied form, include the information required by regulation, and be accompanied by the prescribed fee.

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. Any notice that does not meet the requirement set out in the first paragraph is not admissible for consideration. 1987, c. 64, s. 49; 1998, c. 24, s. 26; 2003, c. 15, s. 8; 2013, c. 32, s. 22; 2021, c. 35, s. 41; 2024, c. 36, s. 22.
Section 49Verify source
§ 50Section 50Repeal

Source excerpt

Section 50 is repealed.

50. (Repealed). 1987, c. 64, s. 50; 1998, c. 24, s. 27; 2013, c. 32, s. 23; 2021, c. 35, s. 42.
Section 50Verify source
§ 51Section 51Repeal

Source excerpt

Section 51 is repealed.

51. (Repealed). 1987, c. 64, s. 51; 1988, c. 9, s. 9; 1998, c. 24, s. 28; 2013, c. 32, s. 24; 2021, c. 35, s. 42.
Section 51Verify source
§ 52Section 52Provision

Source excerpt

The registrar must refuse a notice of map designation in listed cases, and must forward certain notices to the Minister. The Minister may refuse the notice or accept it subject to conditions and requirements.

52. The registrar shall refuse a notice of map designation (1) where the land is subject to an exclusive exploration right registered in accordance with this subdivision; (2) where the land is subject to a mining lease, a mining concession, an application for a mining lease or an application for a conversion of an exclusive exploration right under subdivision 5 of Division III of this chapter; (3) where the land’s mineral substances are withdrawn from prospecting, mining exploration and mining operations; (4) where the land is subject to a temporary suspension notice pursuant to section 304.1; (5) where the land is an outstanding geological site classified under section 305.1; (6) where the land has been designated on a map in contravention of sections 38 and 288; (7) where the land has been designated by a person who does not meet the conditions set out in section 18.1; or (8) where the territory has an area of 0.1 hectares or less. The registrar shall forward, to the Minister, every notice of map designation that concerns a parcel of land (1) referred to in section 4, where only gold and silver form part of the domain of the State; (2) from which mineral substances referred to in section 5 have been, or are being, extracted, except sand or gravel; (3) referred to in section 33; or (4) where the mineral substances are reserved to the State. 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 exclusive exploration right. 1987, c. 64, s. 52; 1998, c. 24, s. 29; 2003, c. 15, s. 9; 2013, c. 32, s. 25; 2021, c. 35, s. 43; 2024, c. 36, s. 23.
Section 52Verify source
§ 52.1Section 52.1Provision

Source excerpt

The Minister may impose conditions and requirements on a holder of an exclusive exploration right.

52.1. The Minister may impose on a holder of an exclusive exploration right, at the time the Minister considers appropriate, conditions and requirements that, despite the provisions of this Act, may, in particular, concern the work to be performed, in the following cases: (1) for a public interest reason, in particular to prevent or limit impacts on local and Indigenous communities; or (2) to enable prioritization or reconciliation of uses and preservation of the territory. 2024, c. 36, s. 24.
Section 52.1Verify source
§ 53Section 53Provision

Source excerpt

The registrar must refer certain cases to the Minister for a decision.

53. The registrar shall refer to the Minister, for a decision, any other case where the 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. 1987, c. 64, s. 53; 2021, c. 35, s. 44.
Section 53Verify source
§ 54Section 54Repeal

Source excerpt

Section 54 is repealed.

54. (Repealed). 1987, c. 64, s. 54; 2021, c. 35, s. 45.
Section 54Verify source
§ 55Section 55Provision

Source excerpt

55. The decision to refuse a notice of map designation must be in writing, give reasons and be notified to the interested person within 15 days. 1987, c. 64, s. 55; I.N. 2016-01-01 (NCCP); 2021, c. 35, s. 46; 2024, c. 36, s. 25.

55. The decision to refuse a notice of map designation must be in writing, give reasons and be notified to the interested person within 15 days. 1987, c. 64, s. 55; I.N. 2016-01-01 (NCCP); 2021, c. 35, s. 46; 2024, c. 36, s. 25.
Section 55Verify source
§ 56Section 56Provision

Source excerpt

The registrar must issue a certificate of registration to an applicant whose notice of map designation is accepted, and must record it in the public register of real and immovable mining rights.

56. The registrar shall issue to an applicant whose notice of map designation is accepted a certificate of registration evidencing the exclusive exploration right 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; 2021, c. 35, s. 47; 2024, c. 36, s. 140.
Section 56Verify source
§ 57Section 57Repeal

Source excerpt

Section 57 is repealed.

57. (Repealed). 1987, c. 64, s. 57; 2024, c. 36, s. 26.
Section 57Verify source
§ 58Section 58Provision

Source excerpt

The Minister may decide matters about an exclusive exploration right when parcels overlap or the boundary lines do not meet the Act or regulations, and may order a survey of that right.

58. The Minister may make any decision concerning the area of an exclusive exploration right 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 order that a survey of the exclusive exploration right be made. 1987, c. 64, s. 58; 1988, c. 9, s. 20; 2003, c. 15, s. 10; 2021, c. 35, s. 48; 2024, c. 36, s. 140.
Section 58Verify source
§ 58.1Section 58.1Provision

Source excerpt

The Minister may decide on converting a staked exclusive exploration right into a map designated exclusive exploration right, or on amalgamating or replacing map designated exclusive exploration rights.

58.1. The Minister may make any decision concerning the conversion of a staked exclusive exploration right into a map designated exclusive exploration right or the amalgamation or replacement of map designated exclusive exploration rights. 2003, c. 15, s. 11; 2024, c. 36, s. 140.
Section 58.1Verify source
§ 59Section 59Provision

Source excerpt

A survey of an exclusive exploration right stays in force as the parcel’s delimitation and description until the right is abandoned, revoked, expires, or its area changes.

59. The survey of an exclusive exploration right, 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 exclusive exploration right is abandoned or revoked or expires or until its area is altered. Where parcels of land subject to an exclusive exploration right are contiguous, the boundaries of the parcel of land subject to the older exclusive exploration right prevail. Where a statement by the holder of a staked exclusive exploration right establishes that the parcel of land subject to the staked exclusive exploration right is not located within the boundaries of a parcel of land where an exclusive exploration right 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; 2024, c. 36, s. 140.
Section 59Verify source
§ 59.1Section 59.1Provision

Source excerpt

A specified statement and agreement may be set up against third persons.

59.1. The statement provided for in the third paragraph of section 59 and the agreement signed by the holder of the staked exclusive exploration right and provided at the time of the conversion of a mining right into a map designated exclusive exploration right may be set up against third persons. 2003, c. 15, s. 13; 2013, c. 32, s. 26; 2021, c. 35, s. 49; 2024, c. 36, s. 140.
Section 59.1Verify source
§ 60Section 60Repeal

Source excerpt

Section 60 is repealed.

60. (Repealed). 1987, c. 64, s. 60; 2003, c. 15, s. 14; 2021, c. 35, s. 50.
Section 60Verify source
§ 60.1Section 60.1Provision

Source excerpt

The Minister must determine and register the boundaries of territories where exclusive exploration rights may be obtained by map designation, and must update those boundaries when specified rights are not renewed, abandoned, or revoked.

60.1. The Minister shall determine the boundaries of the territories in which exclusive exploration rights may be obtained by map designation, and register them in the public register of real and immovable mining rights. The Minister shall, from time to time, modify the boundaries of the territories as and when exclusive exploration rights obtained by staking are map designated or converted into map designated exclusive exploration rights, are not renewed, or are abandoned or revoked. A log of modifications to the boundaries of the territories in which exclusive exploration rights may be obtained by map designation shall be kept in the register. 1998, c. 24, s. 31; 2003, c. 15, s. 15; 2013, c. 32, s. 27; 2021, c. 35, s. 51; 2024, c. 36, s. 27.
Section 60.1Verify source
§ 61Section 61Provision

Source excerpt

61. Subject to the special rules in the first paragraph of section 83.3 that apply to the conversion of exclusive exploration rights into map designated exclusive exploration rights, the first term of an exclusive exploration right expires

61. Subject to the special rules in the first paragraph of section 83.3 that apply to the conversion of exclusive exploration rights into map designated exclusive exploration rights, the first term of an exclusive exploration right expires three years after the exclusive exploration right is registered. The Minister shall renew the exclusive exploration right for a term of two years provided the holder of the exclusive exploration right (1) has applied for the renewal of the exclusive exploration right 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 exclusive exploration right and, in particular, has performed and reported on the work required under section 72; (4) has met any other renewal requirement prescribed by regulation. An application for renewal that has been transmitted even though the holder of an exclusive exploration right has failed to comply with one of the conditions set out in subparagraphs 1 and 2 of the second paragraph is not admissible for consideration. An exclusive exploration right 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. If all or part of an exclusive exploration right lies within a mining-incompatible territory, sections 73 and 75 to 78 do not apply to renewals after the delimitation of that territory. 1987, c. 64, s. 61; 1999, c. 40, s. 178; 1998, c. 24, s. 32; 2003, c. 15, s. 16; 2013, c. 32, s. 28; 2021, c. 35, s. 52; 2024, c. 36, s. 28.
Section 61Verify source
§ 62Section 62Repeal

Source excerpt

Section 62 is repealed.

62. (Repealed). 1987, c. 64, s. 62; 2013, c. 32, s. 29.
Section 62Verify source
§ 63Section 63Provision

Source excerpt

The Minister may suspend the term of an exclusive exploration right, subject to conditions set by the Minister.

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 exclusive exploration right, (1) during such time as the validity of the exclusive exploration right is contested; (2) for the period he determines, where the holder of the exclusive exploration right 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 exclusive exploration right. 1987, c. 64, s. 63; 1998, c. 24, s. 33; 2024, c. 36, s. 29.
Section 63Verify source
§ 64Section 64Repeal

Source excerpt

The holder of an exclusive exploration right may explore for mineral substances on the subject land, but several substances and areas are excluded.

64. The holder of an exclusive exploration right has the exclusive right to explore for mineral substances on the parcel of land subject to the exclusive exploration right, with the exception of (1) (paragraph repealed); (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 exclusive lease to mine surface mineral substances, every other surface mineral substance. 1987, c. 64, s. 64; 1998, c. 24, s. 34; 2013, c. 32, s. 30; 2016, c. 35, s. 23; 2024, c. 36, s. 30.
Section 64Verify source
§ 65Section 65Provision

Source excerpt

65. Every holder of an exclusive exploration right has access to the parcel of land subject to his exclusive exploration right and may perform any exploration work thereon. Notwithstanding the first paragraph, on lands granted, alienated

65. Every holder of an exclusive exploration right has access to the parcel of land subject to his exclusive exploration right 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 holder of an exclusive exploration right may exercise such rights only in accordance with section 235. With respect to lands granted or alienated by the State for purposes other than mining purposes, if the exclusive exploration right is in the territory of a local municipality, the holder of the exclusive exploration right must inform the municipality and the landowner of the work to be performed at least 30 days before the work begins. The Minister shall, within 60 days after the exclusive exploration right is registered, notify the local municipality and, as the case may be, the Indigenous nation or community concerned of the existence of that right. Where land that is subject to the exclusive exploration right is granted, alienated or leased by the State for purposes other than mining purposes or is subject to an exclusive lease to mine surface mineral substances, the Minister shall also notify the owner, the lessee and the holder, as the case may be, of the lands. 1987, c. 64, s. 65; 1999, c. 40, s. 178; 2013, c. 32, s. 31; 2021, c. 35, s. 53; 2024, c. 36, s. 31.
Section 65Verify source
§ 65.1Section 65.1Provision

Source excerpt

The holder of an exclusive exploration right must send an annual work planning to local municipality and Indigenous representatives at least 30 days before exploration starts, hold a requested information session, and publish the planning and any session summary.

65.1. The holder of an exclusive exploration right shall transmit to the representatives of every local municipality located in the region of the land subject to the right and, as the case may be, every Indigenous nation or community concerned, at least 30 days before exploration work begins and, subsequently, each year that the work continues, an annual work planning, presented using the form supplied by the Minister. The holder shall hold an information session concerning the annual work planning with each such representative who so requests. During such a session, the representative may submit observations and present information that is complementary to that presented by the holder. The holder shall publish on the holder’s website or by any other means of publication authorized by the Minister the annual work planning and, if applicable, a summary of the information session. 2024, c. 36, s. 32.
Section 65.1Verify source
§ 66Section 66Provision

Source excerpt

66. The holder of an exclusive exploration right 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

66. The holder of an exclusive exploration right 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 exclusive exploration right 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 holder of an exclusive exploration right 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; 2024, c. 36, s. 140.
Section 66Verify source
§ 67Section 67Provision

Source excerpt

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

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 exclusive exploration right 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 an exclusive exploration right on the land, compensation shall be paid to the holder of the exclusive exploration right in an amount equal to the amounts spent for all the work performed, on the filing of the reports on that work. The Minister may, subject to certain conditions, authorize a holder of an exclusive exploration right to explore on the reserved land. 1987, c. 64, s. 67; 1988, c. 53, s. 2; 1999, c. 40, s. 178; 2013, c. 32, s. 32; 2024, c. 36, s. 33.
Section 67Verify source
§ 68Section 68Provision

Source excerpt

A holder of an exclusive exploration right may use sand or gravel in the State domain for mining activities, except where the land is already under an exclusive lease to a third person for mining surface mineral substances.

68. A holder of an exclusive exploration right may use, for his mining activities, sand or gravel forming part of the domain of the State except where the land subject to his exclusive exploration right 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; 2024, c. 36, s. 140.
Section 68Verify source
§ 69Section 69Provision

Source excerpt

The holder of an exclusive exploration right must get the Minister’s authorization before doing certain impact-causing exploration work, and must provide requested documents or information about that work.

69. The holder of an exclusive exploration right must obtain the authorization of the Minister before performing any impact-causing exploration work determined by regulation. The Minister issues the authorization provided the holder of an exclusive exploration right (1) has paid the fees prescribed by regulation; (2) has furnished the guarantee referred to in section 232.4 of this Act, where applicable; and (3) has met the other conditions prescribed by regulation. The holder of an exclusive exploration right provides to the Minister, at the Minister’s request, any document or information relating to impact-causing exploration work covered by the application for authorization. 1987, c. 64, s. 69; 1998, c. 24, s. 36; 2013, c. 32, s. 33; 2022, c. 8, s. 44; 2024, c. 36, s. 140.
Section 69Verify source
§ 69.1Section 69.1Provision

Source excerpt

The Minister may impose conditions and requirements on certain authorizations, including for work on land subject to an exclusive exploration right.

69.1. The Minister may, where considered necessary by the Minister, impose conditions and requirements on the holder of the authorization mentioned in the first paragraph of section 69 that may, in particular and despite the provisions of this Act, concern work to be performed on the parcel of land subject to the exclusive exploration right. Where the authorization concerns sampling work, the Minister may attach conditions or obligations to it to maximize the economic spinoffs within Québec. 2022, c. 8, s. 44; 2024, c. 36, ss. 34 and 140.
Section 69.1Verify source
§ 69.2Section 69.2Provision

Source excerpt

The authorization lasts two years, and the Minister must renew it for 12 months if the regulatory conditions and fees are met; renewal is not allowed if mining activities have been permanently discontinued.

69.2. The authorization provided for in the first paragraph of section 69 is valid for a term of two years. The Minister shall renew the authorization for a term of 12 months on the conditions and on payment of the fees prescribed by regulation. However, if mining activities are permanently discontinued, the authorization cannot be renewed. 2022, c. 8, s. 44.
Section 69.2Verify source
§ 70Section 70Provision

Source excerpt

A holder of an exclusive exploration right cannot carry on any work on certain State lands unless the Minister authorizes it and any conditions set by the Minister are met.

70. Where an improvement and a strip of land adjacent to it, where applicable, as defined by regulation, are situated on lands in the domain of the State that are subject to the exclusive exploration right, or where such land is already the subject of a transfer or lease referred to in section 239, no holder of an exclusive exploration right 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; 2024, c. 36, ss. 35 and 140.
Section 70Verify source
§ 71Section 71Provision

Source excerpt

Stone may be extracted from State lands for State works, without compensation to the holder of an exclusive exploration right.

71. Stone may be extracted from lands in the domain of the State, without compensation to the holder of an exclusive exploration right, for the construction or maintenance of State works. 1987, c. 64, s. 71; 1999, c. 40, s. 178; 2013, c. 32, s. 34; 2024, c. 36, s. 140.
Section 71Verify source
§ 71.1Section 71.1Provision

Source excerpt

The holder of an exclusive exploration right must file an annual report with the Minister by 31 January.

71.1. The holder of the exclusive exploration right must, not later than 31 January each year, submit to the Minister a report on the work performed during the period from 1 January to 31 December of the preceding year. The report must be presented using a form supplied by the Minister and must contain the information determined by regulation. 2013, c. 32, s. 35; 2021, c. 35, s. 54; 2024, c. 36, s. 36.
Section 71.1Verify source
§ 72Section 72Provision

Source excerpt

The holder of an exclusive exploration right must do specified work on the land before the right expires and report that work to the Minister by that same deadline.

72. Subject to sections 73 and 75 to 81, the holder of the exclusive exploration right shall, before the expiry of his exclusive exploration right, perform on the land that is subject to his exclusive exploration right 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 exclusive exploration right was registered. The holder of an exclusive exploration right must, not later than that day, report to the Minister on all the work performed, including work for which an exploration allowance or a pre-production development allowance may be claimed under the Mining Tax Act (chapter I-0.4), whether or not it actually is. 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; 2013, c. 32, s. 36; 2021, c. 35, s. 55; 2024, c. 36, s. 37.
Section 72Verify source
§ 73Section 73Provision

Source excerpt

A holder of an exclusive exploration right may pay the Minister a calculated amount to support renewal if the required work was done and reported on time and its cost is at least 90% of the section 72 minimum.

73. A holder of an exclusive exploration right who has performed and reported, within the time prescribed, work whose cost represents at least 90% of the minimum cost required under section 72 may, to enable the renewal of his exclusive exploration right, pay the Minister an amount equal to twice the difference between the minimum cost of the work that should have been performed and the work reported. 1987, c. 64, s. 73; 1998, c. 24, s. 38; 2013, c. 32, s. 37; 2024, c. 36, s. 38.
Section 73Verify source
§ 74Section 74Provision

Source excerpt

The Minister may refuse all or part of the work if the filed documents are incomplete, inconsistent with the regulations, do not support the amounts or cost, show false information, or relate to work already reported and accepted in another report.

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 holder of an exclusive exploration right or by a third person and accepted as part of another report. 1987, c. 64, s. 74; 2024, c. 36, s. 140.
Section 74Verify source
§ 75Section 75Provision

Source excerpt

Certain excess exploration costs and accumulated excess amounts may be applied to the six following terms of the exclusive exploration right, subject to special conversion rules.

75. Amounts spent during the term of an exclusive exploration right to perform work in excess of the minimum cost prescribed by regulation and excess amounts accumulated for the exclusive exploration right as at 6 May 2015 may be applied to the six subsequent terms of the exclusive exploration right, subject to the special rules for the conversion of staked exclusive exploration rights into map designated exclusive exploration rights. 1987, c. 64, s. 75; 2013, c. 32, s. 38; 2024, c. 36, s. 140.
Section 75Verify source
§ 76Section 76Provision

Source excerpt

An exclusive exploration right holder may use eligible excess work amounts to renew the right if the application is made before expiry and the land meets the stated 4.5-kilometre proximity condition.

76. The holder of an exclusive exploration right may, for the renewal of his right, apply to the sole amount necessary for that purpose and before the date on which the right expires, all or part of the amounts spent for work performed in respect of an exclusive exploration right for which excess amounts have been spent, provided that the land that is subject to the exclusive exploration right whose renewal is applied for is situated entirely within a 4.5-kilometre radius circle measured from the geometrical centre of the land subject to the exclusive exploration right for which excess amounts have been spent. 1987, c. 64, s. 76; 1998, c. 24, s. 39; 2003, c. 15, s. 17; 2024, c. 36, s. 39.
Section 76Verify source
§ 77Section 77Repeal

Source excerpt

Section 77 is repealed.

77. (Repealed). 1987, c. 64, s. 77; 1998, c. 24, s. 40; 2003, c. 15, s. 18; 2013, c. 32, s. 39.
Section 77Verify source
§ 78Section 78Provision

Source excerpt

Excess amounts spent on an exclusive exploration right may be used to renew another eligible exclusive exploration right.

78. Excess amounts spent in respect of an exclusive exploration right by its holder may be applied, in accordance with section 76, towards the renewal of another exclusive exploration right regarding which the holder has made a promise to purchase by way of an instrument registered in the public register of real and immovable mining rights. If those excess amounts were spent by a person who is not the holder of the exclusive exploration right concerned but who has made a promise to purchase in the manner described in the preceding paragraph, the amounts spent may be applied, with the holder of an exclusive exploration right written consent, towards the renewal of an exclusive exploration right held by that person or regarding which the person has made a promise to purchase in the manner described in the preceding paragraph. 1987, c. 64, s. 78; 1988, c. 9, s. 22; 2013, c. 32, s. 40; 2024, c. 36, s. 140.
Section 78Verify source
§ 79Section 79Amendment

Source excerpt

If the work done is not enough to allow renewal of an exclusive exploration right, the holder may amend the renewal application within 15 days after being notified by the Minister.

79. For the purposes of sections 75 to 78, where the work performed is insufficient to permit the renewal of an exclusive exploration right, the holder of an exclusive exploration right may, within 15 days of being so notified by the Minister, amend his application for renewal. 1987, c. 64, s. 79; 2024, c. 36, s. 140; 2024, c. 36, s. 40.
Section 79Verify source
§ 80Section 80Provision

Source excerpt

Work done on an exclusive exploration right may be used in a report for the current term, and in a conversion case only work from the 24 months before conversion may be used for the later term.

80. The work performed in respect of an exclusive exploration right during the 24 months preceding the current term may, in a report, be applied to the current term of the exclusive exploration right. However, where an exclusive exploration right obtained by staking is converted into one or more map designated exclusive exploration rights following an application under section 83.2, only the work performed in respect of the exclusive exploration right during the 24 months preceding the date of conversion may be applied, in a report, to the term of the exclusive exploration right that follows the conversion. 1987, c. 64, s. 80; 1988, c. 9, s. 23; 1990, c. 36, s. 2; 1998, c. 24, s. 41; 2024, c. 36, s. 140.
Section 80Verify source
§ 80.1Section 80.1Provision

Source excerpt

A holder of an exclusive exploration right must get the Minister’s authorization, using the required form, before transferring all or part of the right during the first term.

80.1. A holder of an exclusive exploration right must obtain the authorization of the Minister, using a form supplied by the latter, to transfer all or part of the holder’s right during the first term of the right. The Minister shall authorize the transfer once the work required under section 72 has been performed on the land subject to the right. Any transfer of an exclusive exploration right in contravention of this section is null and void. 2024, c. 36, s. 41.
Section 80.1Verify source
§ 81Section 81Provision

Source excerpt

Certain qualifying surveys and prospecting work may be reported and applied to the first term of an exclusive exploration right.

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 an exclusive exploration right during the 24 months preceding the date of filing of the notice of map designation may, in a report, be applied to the first term of an exclusive exploration right. 1987, c. 64, s. 81; 1998, c. 24, s. 42; 2021, c. 35, s. 56; 2024, c. 36, s. 140.
Section 81Verify source
§ 81.1Section 81.1Provision

Source excerpt

A holder of an exclusive exploration right must report to the Minister and the Minister of Sustainable Development, Environment and Parks any discovery of mineral substances containing 0.1% or more of triuranium octaoxide within 90 days.

81.1. A holder of an exclusive exploration right is required to declare to the Minister and to the Minister of Sustainable Development, Environment and Parks any discovery of mineral substances containing 0.1% or more of triuranium octaoxide within 90 days after the discovery. 2013, c. 32, s. 41; 2024, c. 36, s. 140.
Section 81.1Verify source
§ 82Section 82Provision

Source excerpt

The Minister may order work to stop to allow public utility use of the territory.

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 exclusive exploration right. After six months, if the Minister is of opinion that the cessation of the work must be maintained, he shall terminate the exclusive exploration right and pay compensation equal to the amounts spent for all the work performed, on the filing of the reports on that work. 1987, c. 64, s. 82; 2013, c. 32, s. 42; 2024, c. 36, s. 140.
Section 82Verify source
§ 83Section 83Provision

Source excerpt

A holder of an exclusive exploration right may abandon it by filing written notice with the registrar.

83. A holder of an exclusive exploration right may abandon his right by filing a written notice to that effect with the registrar. The exclusive exploration right 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. However, the holder of the exclusive exploration right may abandon only part of the exclusive exploration right with a view to the classification of an outstanding geological site or a protected area or for any other reason considered sufficient by the Minister. In such a case, the Minister may give the holder of the exclusive exploration right authorization to move, disturb or replace a post delimiting the staked parcel of land. 1987, c. 64, s. 83; 1988, c. 9, s. 24; 1998, c. 24, s. 43; 2013, c. 32, s. 43; 2024, c. 36, s. 42.
Section 83Verify source
§ 83.1Section 83.1Repeal

Source excerpt

Section 83.1 is repealed.

83.1. (Repealed). 1998, c. 24, s. 44; 2013, c. 32, s. 44.
Section 83.1Verify source
§ 83.2Section 83.2Provision

Source excerpt

A holder of an exclusive exploration right obtained by staking may apply to the Minister to convert it into one or more map designated exclusive exploration rights.

83.2. The holder of an exclusive exploration right obtained by staking may apply to the Minister for the conversion of the staked exclusive exploration right into one or more map designated exclusive exploration rights. 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 exclusive exploration rights obtained by conversion shall replace the converted exclusive exploration rights from the date of issue of the certificates of registration of the exclusive exploration rights converted into map designated exclusive exploration rights, and the date of registration of the converted exclusive exploration rights is deemed to be the date of conversion. The conversion of an exclusive exploration right applied for under this section is effected in accordance with sections 83.3 to 83.5. 1998, c. 24, s. 44; 2013, c. 32, s. 45; 2024, c. 36, s. 140.
Section 83.2Verify source
§ 83.3Section 83.3Provision

Source excerpt

The Minister must set the expiry date for converted exclusive exploration rights, and in a specific multi-right, contiguous-parcels case must calculate it using the average unexpired term. The Minister must also determine the minimum work cost for the first renewal after conversion for each parcel.

83.3. The date of expiry of the exclusive exploration rights converted into map designated exclusive exploration rights shall be the date of expiry of the converted exclusive exploration rights. However, where an application for conversion concerns more than one exclusive exploration right held on contiguous parcels of land, the Minister shall fix the date of expiry of the exclusive exploration rights converted into map designated exclusive exploration rights by calculating, in the manner prescribed by regulation, the average unexpired portion of the terms of all the exclusive exploration rights to be converted. The Minister shall also determine, for each of the parcels of land subject to the converted exclusive exploration rights, the minimum cost of the work required for the first renewal of the exclusive exploration rights 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 exclusive exploration rights to be converted and by allocating the resulting total minimum cost among the converted exclusive exploration rights in proportion to the respective area of each. 1998, c. 24, s. 44; 2024, c. 36, s. 140.
Section 83.3Verify source
§ 83.4Section 83.4Provision

Source excerpt

The Minister must allocate any excess amount disbursed for work performed on the relevant parcels of land, according to regulations.

83.4. The Minister shall allocate any excess amount disbursed for work performed on all the parcels of land subject to the exclusive exploration rights to be converted among the resulting map designated exclusive exploration rights, in the manner and subject to the conditions prescribed by regulation. 1998, c. 24, s. 44; 2024, c. 36, s. 140.
Section 83.4Verify source
§ 83.5Section 83.5Provision

Source excerpt

The Minister must determine the number of terms of converted exclusive exploration rights, using the regulation-prescribed method, to establish the minimum cost of the work needed for renewals other than the first renewal after conversion.

83.5. In order to establish the minimum cost of the work required to renew the exclusive exploration rights converted into map designated exclusive exploration rights for every renewal except the first renewal following conversion, the Minister shall determine the number of terms of the converted exclusive exploration rights in the manner prescribed by regulation. 1998, c. 24, s. 44; 2024, c. 36, s. 140.
Section 83.5Verify source
§ 83.6Section 83.6Repeal

Source excerpt

Section 83.6 is repealed.

83.6. (Repealed). 1998, c. 24, s. 44; 2013, c. 32, s. 46.
Section 83.6Verify source
§ 83.6.1Section 83.6.1Provision

Source excerpt

The Minister may, on the Minister’s own initiative, convert a staked exclusive exploration right into a map designated exclusive exploration right.

83.6.1. The Minister may, on the Minister’s own initiative, convert a staked exclusive exploration right into a map designated exclusive exploration right in accordance with sections 83.3 to 83.5. 2003, c. 15, s. 19; 2013, c. 32, s. 47; 2024, c. 36, s. 140.
Section 83.6.1Verify source
§ 83.7Section 83.7Repeal

Source excerpt

Section 83.7 is repealed.

83.7. (Repealed). 1998, c. 24, s. 44; 2013, c. 32, s. 48.
Section 83.7Verify source
§ 83.8Section 83.8Repeal

Source excerpt

Section 83.8 is repealed.

83.8. (Repealed). 1998, c. 24, s. 44; 2013, c. 32, s. 48.
Section 83.8Verify source
§ 83.9Section 83.9Repeal

Source excerpt

Section 83.9 is repealed.

83.9. (Repealed). 1998, c. 24, s. 44; 2013, c. 32, s. 48.
Section 83.9Verify source
§ 83.10Section 83.10Repeal

Source excerpt

Section 83.10 is repealed.

83.10. (Repealed). 1998, c. 24, s. 44; 2013, c. 32, s. 48.
Section 83.10Verify source
§ 83.11Section 83.11Repeal

Source excerpt

Section 83.11 is repealed.

83.11. (Repealed). 1998, c. 24, s. 44; 2013, c. 32, s. 48.
Section 83.11Verify source
§ 83.12Section 83.12Repeal

Source excerpt

Section 83.12 is repealed.

83.12. (Repealed). 1998, c. 24, s. 44; 2013, c. 32, s. 48.
Section 83.12Verify source
§ 83.13Section 83.13Repeal

Source excerpt

Section 83.13 is repealed.

83.13. (Repealed). 1998, c. 24, s. 44; 2013, c. 32, s. 48.
Section 83.13Verify source
§ 83.14Section 83.14Provision

Source excerpt

The Minister may amalgamate certain contiguous exclusive exploration rights into a new right, and the holder must file the application using the Minister’s form and include the required information and regulation-prescribed fee.

83.14. The Minister may, on his or her initiative or at the request of the holder, amalgamate map designated exclusive exploration rights 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 exclusive exploration right. The application for amalgamation must be filed by the holder, using the form supplied by the Minister, and must contain the information and be accompanied with the fee prescribed by regulation. The exclusive exploration right obtained by amalgamation replaces the amalgamated exclusive exploration rights as of the issue of the certificate of registration of the new map designated exclusive exploration right, and the date of registration of the exclusive exploration right is deemed to be the date of amalgamation. The amalgamation of exclusive exploration rights under this section is carried out in accordance with sections 83.3 to 83.5. 2003, c. 15, s. 20; 2024, c. 36, s. 43.
Section 83.14Verify source
§ 83.15Section 83.15Provision

Source excerpt

If a map designated exclusive exploration right does not match the Minister’s determined area and form, the Minister may replace it with one or more new map designated exclusive exploration rights.

83.15. Where a map designated exclusive exploration right extends over a parcel of land whose area and form do not correspond to those determined by the Minister and registered in the public register of real and immovable mining rights, the Minister may, by virtue of office or on the application of the holder of the exclusive exploration right, replace that exclusive exploration right with one or more map designated exclusive exploration rights covering parcels of land whose area and form must tend to correspond to that determined by the Minister pursuant to section 42. The rules provided in sections 42.1 to 42.4 apply, with the necessary modifications, to exclusive exploration rights so obtained by replacement. The application for replacement must be filed by the holder of the exclusive exploration right, using the form supplied by the Minister, and contain the information and be accompanied with the documents determined by regulation. The exclusive exploration right obtained replaces the former exclusive exploration right as of the issue of the certificate of registration of the new exclusive exploration right, and its date of registration is deemed to be the date of its replacement. The replacement of exclusive exploration rights under this section is carried out in accordance with sections 83.3 to 83.5. 2003, c. 15, s. 20; 2024, c. 36, s. 44.
Section 83.15Verify source
§ 84Section 84Repeal

Source excerpt

Section 84 is repealed.

84. (Repealed). 1987, c. 64, s. 84; 1998, c. 24, s. 45; 2013, c. 32, s. 49.
Section 84Verify source
§ 84.1Section 84.1Repeal

Source excerpt

Section 84.1 is repealed.

84.1. (Repealed). 1998, c. 24, s. 45; 2013, c. 32, s. 49.
Section 84.1Verify source
§ 85Section 85Repeal

Source excerpt

Section 85 is repealed.

85. (Repealed). 1987, c. 64, s. 85; 1998, c. 24, s. 46.
Section 85Verify source
§ 86Section 86Repeal

Source excerpt

Section 86 is repealed.

86. (Repealed). 1987, c. 64, s. 86; 1998, c. 24, s. 46.
Section 86Verify source
§ 87Section 87Repeal

Source excerpt

Section 87 is repealed.

87. (Repealed). 1987, c. 64, s. 87; 1998, c. 24, s. 46.
Section 87Verify source
§ 88Section 88Repeal

Source excerpt

Section 88 is repealed.

88. (Repealed). 1987, c. 64, s. 88; 1988, c. 9, s. 25; 1998, c. 24, s. 46.
Section 88Verify source
§ 89Section 89Repeal

Source excerpt

Section 89 is repealed.

89. (Repealed). 1987, c. 64, s. 89; 1998, c. 24, s. 46.
Section 89Verify source
§ 90Section 90Repeal

Source excerpt

Section 90 is repealed.

90. (Repealed). 1987, c. 64, s. 90; 2013, c. 32, s. 49.
Section 90Verify source
§ 91Section 91Repeal

Source excerpt

Section 91 is repealed.

91. (Repealed). 1987, c. 64, s. 91; 1998, c. 24, s. 47; 2013, c. 32, s. 49.
Section 91Verify source
§ 92Section 92Repeal

Source excerpt

Section 92 is repealed.

92. (Repealed). 1987, c. 64, s. 92; 2013, c. 32, s. 49.
Section 92Verify source
§ 92.1Section 92.1Repeal

Source excerpt

Section 92.1 is repealed.

92.1. (Repealed). 1998, c. 24, s. 48; 2013, c. 32, s. 49.
Section 92.1Verify source
§ 93Section 93Repeal

Source excerpt

Section 93 is repealed.

93. (Repealed). 1987, c. 64, s. 93; 2013, c. 32, s. 49.
Section 93Verify source
§ 94Section 94Repeal

Source excerpt

Section 94 is repealed.

94. (Repealed). 1987, c. 64, s. 94; 1988, c. 9, s. 26; 2003, c. 15, s. 21; 2013, c. 32, s. 49.
Section 94Verify source
§ 95Section 95Repeal

Source excerpt

Section 95 is repealed.

95. (Repealed). 1987, c. 64, s. 95; 2013, c. 32, s. 49.
Section 95Verify source
§ 96Section 96Repeal

Source excerpt

Section 96 is repealed.

96. (Repealed). 1987, c. 64, s. 96; 2013, c. 32, s. 49.
Section 96Verify source
§ 97Section 97Repeal

Source excerpt

Section 97 is repealed.

97. (Repealed). 1987, c. 64, s. 97; 2013, c. 32, s. 49.
Section 97Verify source
§ 98Section 98Provision

Source excerpt

A holder of exclusive exploration rights must give the Minister, where applicable, a preliminary version of the scoping and market study.

98. A holder of exclusive exploration rights must provide the Minister, where applicable, with a preliminary version of the scoping and market study provided for in section 101 within the time limit prescribed in the second paragraph of section 31.3 of the Environment Quality Act (chapter Q-2) for the transmission of the impact assessment statement. 1987, c. 64, s. 98; 2013, c. 32, s. 49; 2024, c. 36, s. 46.
Section 98Verify source
§ 99Section 99Provision

Source excerpt

The Minister must make the rehabilitation and restoration plan public and register it in the public register of real and immovable mining rights.

99. The Minister shall make public the rehabilitation and restoration plan as submitted for approval under section 232.1 and register it in the public register of real and immovable mining rights for information and public consultation purposes as part of the environmental impact assessment and review procedure provided for by the Environment Quality Act (chapter Q-2). 1987, c. 64, s. 99; 2013, c. 32, s. 49; 2024, c. 36, s. 46.
Section 99Verify source
§ 100Section 100Provision

Source excerpt

A person may not mine mineral substances, except surface mineral substances, without first obtaining a mining lease from the Minister or a mining concession under a former mines Act.

100. No person may mine mineral substances, except surface mineral substances, unless he has previously obtained a mining lease from the Minister or a mining concession under any former Act relating to mines. 1987, c. 64, s. 100; 2013, c. 32, s. 50; 2016, c. 35, s. 23.
Section 100Verify source
§ 101Section 101Provision

Source excerpt

The Minister must grant a mining lease when the listed preconditions are met, and for tailings projects must grant a lease limited to mining those tailings.

101. The Minister shall grant a mining lease in respect of all or part of a parcel of land that is subject to one or more exclusive exploration rights where the following conditions are met: (1) the rehabilitation and restoration plan provided for in section 232.1 has been approved; (2) a financial guarantee has been provided in accordance with section 232.4; (3) the holder of exclusive exploration rights has provided a project feasibility study presenting, in particular, an estimate of the deposit’s mineral resources and reserves, certified by an engineer or a geologist who meets the qualification requirements prescribed by regulation; (4) where applicable, the authorization required under section 31.5, 154 or 189 of the Environment Quality Act (chapter Q-2) for the mining operations concerned has been issued; (5) for the mining of mineral substances determined by regulation and according to the standards prescribed in the regulation, the holder of exclusive exploration rights has provided the Minister with a scoping and market study that concerns, among other things, the integration of the proposed mining operations in a circular economy and the processing in Québec of the mineral substances extracted; (6) the holder of exclusive exploration rights has provided the Minister, on request, with any document and information relating to the mining project; and (7) the holder of exclusive exploration rights has complied with the conditions and paid the annual rental prescribed by regulation. In the case of a project for the mining of tailings, the Minister shall grant a lease giving only the right to mine those tailings. 1987, c. 64, s. 101; 1998, c. 24, s. 49; 2001, c. 12, s. 15; 2013, c. 32, s. 51; 2017, c. 4, s. 274; 2021, c. 35, s. 57; 2024, c. 36, s. 47.
Section 101Verify source
§ 101.0.1Section 101.0.1Provision

Source excerpt

The Minister may attach conditions or obligations to a mining lease when granting it, including for land-use, public-interest, community-impact, State-reserved mineral land, or economic spin-off reasons.

101.0.1. The Minister may, when granting the mining lease, subject it to conditions or obligations in the following cases: (1) to enable prioritization or reconciliation of uses and preservation of the territory; (2) for a public interest reason, in particular to prevent or limit impacts on local and Indigenous communities; (3) where the lease concerns land where mineral substances are reserved to the State; and (4) to maximize the economic spinoffs within Québec of the mining project. The conditions and obligations may, among other matters and despite the provisions of this Act, concern the work to be performed on the land. 2013, c. 32, s. 52; 2024, c. 36, s. 47.
Section 101.0.1Verify source
§ 101.0.2Section 101.0.2Repeal

Source excerpt

This section is repealed.

101.0.2. (Repealed). 2013, c. 32, s. 52; 2024, c. 36, s. 48.
Section 101.0.2Verify source
§ 101.0.3Section 101.0.3Provision

Source excerpt

The lessee must set up a monitoring committee within 30 days after the lease is issued, unless one already exists for the same project.

101.0.3. The lessee shall establish a monitoring committee, whose mandate is determined by regulation, to foster the involvement of the local community within 30 days after the lease is issued, unless a committee has already been established for the same project. The committee members are chosen in the manner determined by the lessee. The lessee determines the number of representatives who are to sit on the committee. However, the committee must include at least one representative of the economic sector and one member of the public from the region where the project is situated and, if applicable, one representative of each Indigenous nation or community, as the case might be, consulted by the Government with respect to the project. The committee must also include a representative of each local municipality or regional county municipality whose territory is included, in whole or in part, on land that is the subject of the project that so requests. A majority of the committee members must be independent from the lessee. However, the Minister may authorize a different committee composition if the lessee shows that it is impossible to find a representative of each sector. The committee shall be maintained until all the work provided for by the rehabilitation and restoration plan has been completed. 2013, c. 32, s. 52; 2024, c. 36, s. 49. The provisions of the first paragraph are in force except insofar as it determines the mandate of the monitoring committee. See 2024, c. 36, s. 181 par. 8.
Section 101.0.3Verify source
§ 101.1Section 101.1Provision

Source excerpt

The Minister may delay granting a mining lease, and may later refuse it, when part of the land is already under an exclusive lease to mine surface mineral substances.

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 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; I.N. 2016-01-01 (NCCP).
Section 101.1Verify source
§ 102Section 102Provision

Source excerpt

Land leased under this section must be within one perimeter and not exceed 100 hectares, unless the Minister agrees to a larger lease where circumstances warrant it.

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.
Section 102Verify source
§ 103Section 103Provision

Source excerpt

The area subject to exclusive exploration rights is reduced by the area covered by the lease.

103. The area of the territory subject to exclusive exploration rights referred to in section 101 is reduced by the area of the land subject to the lease. 1987, c. 64, s. 103; 2013, c. 32, s. 53; 2024, c. 36, s. 50.
Section 103Verify source
§ 104Section 104Provision

Source excerpt

A mining lease normally lasts 20 years, but a tailings lease may have a Minister-set term of up to 10 years. The Minister must renew the lease for 10-year periods up to three times if the lessee meets the listed application, operations, payment, and compliance conditions. After the third renewal, the Minister may grant five-year extensions.

104. The term of a mining lease is 20 years, except for a lease granted for the mining of tailings, whose term, determined by the Minister, is up to 10 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 conducted mining operations for at least 2 years during the lease’s period of validity, where it has been granted for the mining of tailings, or in the last 10 years in other cases; (2.1) has provided the Minister, for the mining of mineral substances determined by regulation and according to the standards prescribed in the regulation, with a scoping and market study that concerns, among other things, the integration of the mining operations in a circular economy and the processing in Québec of the mineral substances extracted; (3) has paid the annual rental prescribed by regulation; (4) has complied with this Act, the Mining Tax Act (chapter I-0.4) 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 five-year extensions. 1987, c. 64, s. 104; 1998, c. 24, s. 51; 2013, c. 32, s. 54; 2024, c. 36, s. 51.
Section 104Verify source
§ 104.1Section 104.1Amendment

Source excerpt

The Minister may increase the leased territory if the listed conditions are met, and the lessee’s application must include specified supporting documents unless the land is already fully surveyed.

104.1. The Minister may grant an increase in the area of the territory covered by the lease to the lessee who applies for one, provided (1) the added land is contiguous to that territory; (2) the added land is subject to one or more exclusive exploration rights held by the lease holder; (3) mining operations have come into production in reasonable commercial quantities; (4) the revised rehabilitation and restoration plan has been approved in accordance with this Act, and the authorization required under the Environment Quality Act (chapter Q-2) has been issued or amended, as applicable; and (5) the lessee has complied with any requirement prescribed by regulation and paid the annual rental for the portion of added land as well as the fees prescribed. An application for an increase in the area of the territory covered by the lease must also be accompanied by a survey of the parcel of land involved, unless it has already been entirely surveyed, a report describing the nature, extent and probable value of the deposit, certified by an engineer or a geologist who meets the qualification requirements determined by regulation, and a report presenting an estimate of mineral resources and reserves. 2021, c. 35, s. 58; 2024, c. 36, s. 140.
Section 104.1Verify source
§ 105Section 105Provision

Source excerpt

A lessee or grantee on land subject to a lease or concession has the rights and obligations of an owner, subject to this division’s restrictions.

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.
Section 105Verify source
§ 106Section 106Provision

Source excerpt

Certain watercourses and adjacent land must be excluded from leases and reserved to the State; the Minister may enlarge the reserve and, if that happens after a lease is granted, compensation must be paid to the lessee.

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.
Section 106Verify source
§ 107Section 107Provision

Source excerpt

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

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.
Section 107Verify source
§ 108Section 108Provision

Source excerpt

Sand and gravel not granted under a former mines, petroleum, natural gas, or brine Act are excluded from the concession.

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.
Section 108Verify source
§ 109Section 109Provision

Source excerpt

A lessee and a grantee may use State-owned sand and gravel for mining activities, unless the leased land is already under an exclusive lease to mine surface mineral substances in favour of a third person.

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.
Section 109Verify source
§ 110Section 110Provision

Source excerpt

Five percent of the area of land affected by a lease or concession on State domain land must be reserved to the State for public development purposes.

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.
Section 110Verify source
§ 111Section 111Provision

Source excerpt

Stone or inert tailings may be extracted from State lands for State works, without compensation to the lessee or grantee.

111. Stone or inert tailings 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; 2013, c. 32, s. 55; 2024, c. 36, s. 52.
Section 111Verify source
§ 112Section 112Repeal

Source excerpt

Section 112 is repealed.

112. (Repealed). 1987, c. 64, s. 112; 1998, c. 24, s. 52.
Section 112Verify source
§ 113Section 113Repeal

Source excerpt

Section 113 is repealed.

113. (Repealed). 1987, c. 64, s. 113; 1998, c. 24, s. 52.
Section 113Verify source
§ 114Section 114Provision

Source excerpt

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

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.
Section 114Verify source
§ 115Section 115Repeal

Source excerpt

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

115. (Repealed). 1987, c. 64, s. 115; 1996, c. 2, s. 738; 1998, c. 24, s. 54.
Section 115Verify source
§ 115.1Section 115.1Provision

Source excerpt

State lands subject to a mining concession are governed by this Act plus two specified Acts from 17 June 1998.

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.
Section 115.1Verify source
§ 116Section 116Provision

Source excerpt

The lessee must pay the annual rental before each lease year begins and must comply with the lease conditions.

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.
Section 116Verify source
§ 116.1Section 116.1Provision

Source excerpt

The grantee must pay the annual duties prescribed by regulation before January 31 each year.

116.1. The grantee shall pay the annual duties prescribed by regulation before January 31 of each year. 2024, c. 36, s. 53.
Section 116.1Verify source
§ 117Section 117Commencement

Source excerpt

The lessee must start mining operations within four years after the lease date.

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.
Section 117Verify source
§ 118Section 118Provision

Source excerpt

The grantee must do mining operation work for at least two years in each 10-year period after 29 November 2024.

118. From 29 November 2024, the grantee shall, for each 10-year period following that date, perform mining operation work for at least two years. 1987, c. 64, s. 118; 2013, c. 32, s. 56; 2024, c. 36, s. 54.
Section 118Verify source
§ 118.1Section 118.1Provision

Source excerpt

The grantee must send the Minister a scoping and market study within one year after this section comes into force, and must send a revised study every 10 years.

118.1. The grantee shall, within one year after the date of coming into force of this section, transmit to the Minister a scoping and market study that concerns, among other things, the integration of the mining operations in a circular economy and the processing in Québec of the mineral substances extracted for the mining of mineral substances determined by regulation and according to the standards prescribed in the regulation. The grantee shall transmit a revised scoping and market study every 10 years. 2013, c. 32, s. 57; 2024, c. 36, s. 54.
Section 118.1Verify source
§ 118.2Section 118.2Provision

Source excerpt

On the grantee’s application, the Minister may convert a mining concession into a mining lease.

Not in force 118.2. On an application by the grantee, the Minister may convert a mining concession into a mining lease. The application for conversion must be filed using the form supplied by the Minister, and contain the information and be accompanied by the fee prescribed by regulation. The provisions applicable to the mining lease apply to a lease obtained by conversion, with the exception of sections 101 and 101.0.1. 2024, c. 36, s. 54.
Section 118.2Verify source
§ 119Section 119Provision

Source excerpt

The Government may, on reasonable grounds, require maximization of the economic spinoffs in Québec from mining under a mining concession, before mining operations begin and up to 20 years after they begin.

119. Before mining operations begin and 20 years after they begin, the Government may, on reasonable grounds, require the maximization of the economic spinoffs within Québec of mining the mineral resources authorized under the mining concession. 1987, c. 64, s. 119; 1988, c. 9, s. 28; 2013, c. 32, s. 58.
Section 119Verify source
§ 120Section 120Provision

Source excerpt

Lessees and grantees must prepare and send a mine report with production, value, duties, contributions, and any regulated information.

120. Every lessee and grantee shall prepare a report showing, for each mine, the quantity of ore extracted during the previous year, its value, the duties paid under the Mining Tax Act (chapter I-0.4) during that period, the overall contributions paid by the lessee and grantee and any other information determined by regulation and send it either (1) to the Minister, not later than the 150th day following the end of their fiscal year or, in the case of a natural person, of the calendar year; or (2) to the Authority at the same time as the statement required under the Act respecting transparency measures in the mining, oil and gas industries (chapter M-11.5). The Authority shall, without delay, send the Minister the report received under subparagraph 2 of the first paragraph. 1987, c. 64, s. 120; 2013, c. 32, s. 58; 2015, c. 23, s. 48.
Section 120Verify source
§ 121Section 121Provision

Source excerpt

The Minister may authorize work to be done on only one parcel of land if contiguous leased parcels total no more than 2,000 ha and are leased by separate leases to the same person.

121. Where contiguous parcels of land with a total area not exceeding 2,000 ha 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 100 and allow him to concentrate the work on one parcel of land. 1987, c. 64, s. 121; 2013, c. 32, s. 59.
Section 121Verify source
§ 121.1Section 121.1Provision

Source excerpt

The Minister may correct the perimeter of a mining lease or mining concession, if the Minister considers it necessary, so it matches the survey.

121.1. The Minister may, if he considers it necessary, correct the perimeter of a mining lease or mining concession registered in the public register of real and immovable mining rights to bring it into conformity with the survey. 2024, c. 36, s. 56.
Section 121.1Verify source
§ 122Section 122Provision

Source excerpt

A lessee or grantee may abandon all or part of the land under a lease or concession only if the listed filing, payment, notice, authorization, and compliance conditions are met.

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 Tax Act (chapter I-0.4); (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 obtaining a favourable opinion from 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. A mining lease or mining concession is deemed to be abandoned from the date of notification, to the right holder, of the authorization provided for in subparagraph 4 of the first paragraph. 1987, c. 64, s. 122; 1994, c. 17, s. 75; 1999, c. 36, s. 158; 2006, c. 3, s. 35; 2011, c. 6, s. 290; 2013, c. 32, s. 60; 2024, c. 36, s. 57.
Section 122Verify source
§ 123Section 123Provision

Source excerpt

Within 30 days after a lease or concession is abandoned, or a lease expires, the lessee or grantee has priority to register an exclusive exploration right for the affected land.

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 an exclusive exploration right in respect of all or part of the land that was subject to the abandoned or expired title. In that case, an exclusive exploration right 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 an exclusive exploration right 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 an exclusive exploration right pursuant to the first paragraph. 1987, c. 64, s. 123; 1998, c. 24, s. 56; 2024, c. 36, s. 140.
Section 123Verify source
§ 123.1Section 123.1Provision

Source excerpt

A lessee or grantee must not transfer the right before the required financial guarantee is provided.

123.1. A lessee or grantee may not transfer his right before the financial guarantee has been provided in accordance with section 232.4, 232.5 or 232.7. Any transfer of a lease or concession in contravention of the first paragraph is null and void. This section does not apply to a transfer having occurred under the Companies’ Creditors Arrangement Act (R.S.C. 1985, c. C-36) or the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3). 2024, c. 36, s. 58.
Section 123.1Verify source
§ 124Section 124Provision

Source excerpt

A grantee may obtain letters patent from the Minister if mining operations were begun on time under section 118. The letters patent must be registered by the Minister of Justice.

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.
Section 124Verify source
§ 125Section 125Provision

Source excerpt

The Minister may cancel and replace letters patent with corrected ones if they contain certain errors, unless the error is disputed.

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.
Section 125Verify source
§ 126Section 126Provision

Source excerpt

The Minister must notify the Registrar of Québec when letters patent are issued, corrected, or cancelled.

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.
Section 126Verify source
§ 127Section 127Repeal

Source excerpt

Section 127 is repealed.

127. (Repealed). 1987, c. 64, s. 127; 2013, c. 32, s. 61.
Section 127Verify source
§ 128Section 128Repeal

Source excerpt

Section 128 is repealed.

128. (Repealed). 1987, c. 64, s. 128; 2013, c. 32, s. 61.
Section 128Verify source
§ 129Section 129Repeal

Source excerpt

Section 129 is repealed.

129. (Repealed). 1987, c. 64, s. 129; 2013, c. 32, s. 61.
Section 129Verify source
§ 130Section 130Repeal

Source excerpt

Section 130 is repealed.

130. (Repealed). 1987, c. 64, s. 130; 1998, c. 24, s. 58; 2013, c. 32, s. 61.
Section 130Verify source
§ 130.1Section 130.1Repeal

Source excerpt

Section 130.1 is repealed.

130.1. (Repealed). 1998, c. 24, s. 58; 2013, c. 32, s. 61.
Section 130.1Verify source
§ 131Section 131Repeal

Source excerpt

Section 131 is repealed.

131. (Repealed). 1987, c. 64, s. 131; 1998, c. 24, s. 59.
Section 131Verify source
§ 132Section 132Repeal

Source excerpt

Section 132 is repealed.

132. (Repealed). 1987, c. 64, s. 132; 1988, c. 9, s. 29; 1998, c. 24, s. 59.
Section 132Verify source
§ 133Section 133Repeal

Source excerpt

Section 133 is repealed.

133. (Repealed). 1987, c. 64, s. 133; 1990, c. 36, s. 3; 1998, c. 24, s. 59.
Section 133Verify source
§ 134Section 134Repeal

Source excerpt

Section 134 is repealed.

134. (Repealed). 1987, c. 64, s. 134; 2013, c. 32, s. 61.
Section 134Verify source
§ 135Section 135Repeal

Source excerpt

Section 135 is repealed.

135. (Repealed). 1987, c. 64, s. 135; 1998, c. 24, s. 60; 2013, c. 32, s. 61.
Section 135Verify source
§ 136Section 136Repeal

Source excerpt

Section 136 is repealed.

136. (Repealed). 1987, c. 64, s. 136; 1998, c. 24, s. 61; 2013, c. 32, s. 61.
Section 136Verify source
§ 137Section 137Repeal

Source excerpt

Section 137 is repealed.

137. (Repealed). 1987, c. 64, s. 137; 1988, c. 9, s. 30; 2013, c. 32, s. 61.
Section 137Verify source
§ 138Section 138Repeal

Source excerpt

Section 138 is repealed.

138. (Repealed). 1987, c. 64, s. 138; 2013, c. 32, s. 61.
Section 138Verify source
§ 139Section 139Repeal

Source excerpt

Section 139 is repealed.

139. (Repealed). 1987, c. 64, s. 139; 2013, c. 32, s. 61.
Section 139Verify source
§ 140Section 140Provision

Source excerpt

A person generally may not extract or mine surface mineral substances without a lease from the Minister, except for certain forest-road work on State lands; in a disaster, the Minister may authorize a non-lessee to extract a fixed quantity, and that person must pay the regulated duties and royalty.

140. No person may extract or mine surface mineral substances unless he has obtained a lease to mine surface mineral substances from the Minister, except a person who extracts or mines surface mineral substances for the construction or maintenance of a forest road on lands in the domain of the State as part of the person’s forest development activities within the meaning of the Sustainable Forest Development Act (chapter A-18.1). In the event of a disaster, 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; 2013, c. 32, s. 62; 2024, c. 36, s. 59.
Section 140Verify source
§ 140.0.1Section 140.0.1Provision

Source excerpt

The Minister may authorize another minister or a state mandatary agency to extract or mine a surface mineral substance, subject to the perimeter, conditions, and time limits the Minister sets.

140.0.1. The Minister may, within the perimeter and on the conditions the Minister determines, authorize another minister or an agency that is a mandatary of the State to extract or mine a surface mineral substance for the period necessary for the construction or maintenance of a State work. The Minister may also determine the perimeter within which and conditions on which the Minister may extract or mine surface mineral substances for the purposes referred to in the first paragraph. 2024, c. 36, s. 60.
Section 140.0.1Verify source
§ 140.0.2Section 140.0.2Provision

Source excerpt

A person who builds or maintains a forest road, and who is not required to obtain the lease mentioned in section 140, may not extract or mine surface mineral substances on land leased to a third person for that purpose.

140.0.2. A person who builds or maintains a forest road and who is not subject to the obligation to obtain a lease provided for in the first paragraph of section 140 may not extract or mine surface mineral substances on land subject to a lease to mine surface mineral substances in favour of a third person. 2024, c. 36, s. 60.
Section 140.0.2Verify source
§ 140.1Section 140.1Provision

Source excerpt

140.1. An applicant for a lease to mine surface mineral substances must, after transmitting the application, hold a public consultation in the region of the land where the project is situated, in the manner prescribed by regulation, where

140.1. An applicant for a lease to mine surface mineral substances must, after transmitting the application, hold a public consultation in the region of the land where the project is situated, in the manner prescribed by regulation, where the following conditions are met: (1) the lease is a peat lease or a lease to carry on an industrial activity or to engage in commercial export; and (2) the lease is for the carrying out of a mining project that is not subject to the environmental impact assessment and review procedure provided for by the Environment Quality Act (chapter Q-2). At the Minister’s request, the applicant shall provide the Minister with any document or information relating to the public consultation. If the Minister finds that the consultation was not carried out in the manner prescribed by regulation, the Minister may impose any additional measure. 2013, c. 32, s. 63; 2024, c. 36, s. 61.
Section 140.1Verify source
§ 141Section 141Provision

Source excerpt

This section says when a lease is non-exclusive or exclusive for extracting or mining certain mineral substances.

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. 1987, c. 64, s. 141; 1999, c. 40, s. 178; 1998, c. 24, s. 63; 2003, c. 15, s. 22; 2024, c. 36, s. 62.
Section 141Verify source
§ 141.1Section 141.1Provision

Source excerpt

A non-exclusive lease may only cover a single loose deposit of mineral substances in their natural state.

141.1. A non-exclusive lease may only be for a single loose deposit of mineral substances in their natural state. The perimeter of such a deposit shall be determined by the Minister according to the perimeter authorized under section 22 of the Environment Quality Act (chapter Q-2) or declared in accordance with section 31.0.6 of that Act and shall be registered in the public register of real and immovable mining rights. 2024, c. 36, s. 63.
Section 141.1Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

  • Environment Quality Act

    Sections 98, 101, 141.1

N–S

2 instruments

  • State. 2. This Act

    Section 2

  • Sustainable Forest Development Act

    Section 140

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