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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

Purpose and legislative effect

“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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Section 142

The Minister must grant a lease for a parcel of land to a person who meets the requirements and pays the prescribed rental, subject to several limits on when leases may be granted.

Section 142

Section 223

The operator must forward the prescribed plans to the Minister every five years, and the plans must be signed by an engineer. The Minister may also require the operator to provide the plans within a time set by the Minister.

Section 223

Section 251.1

An inspector may require a person to provide documents or information about the Act and regulations, using a method that proves receipt at a specific time.

Section 251.1

Section 299

When the application is served, the Minister must send the record for the contested decision to the Court of Québec.

Section 299

04

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Source record view

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

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Official record

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Provisions 201–400

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Showing 200 of 523 provisions

Provision 107Repeal 89Amendment 2Commencement
§ 142Section 142Provision

Source excerpt

The Minister must grant a lease for a parcel of land to a person who meets the requirements and pays the prescribed rental, subject to several limits on when leases may be granted.

142. The Minister shall grant a lease in respect of a given parcel of land to any person who meets the requirements and pays the rental prescribed by regulation. No lease, other than a peat lease, may be granted before, where applicable, the ministerial authorization provided for in section 22 of the Environment Quality Act (chapter Q-2) has been obtained or the declaration of compliance provided for in section 31.0.6 of that Act has been filed. Notwithstanding the first paragraph, no non-exclusive lease shall be granted where the land concerned is subject to a mining lease, a mining concession, an exclusive lease to mine surface mineral substances or, subject to the fifth paragraph, an application for such an exclusive lease, held or made by a third person. No exclusive lease is granted if the parcel of land concerned is subject to a mining lease, a mining concession or an exclusive lease to mine surface mineral substances in favour of a third person or if an application for a mining lease has been filed in favour of a third person. Nor is such a lease granted if the parcel of land concerned is subject to an exclusive exploration right in favour of a third person, unless the lease applied for is only to mine a surface mineral substance referred to in paragraph 2 of section 64 and excluded from the exclusive right granted to the holder under the exclusive exploration right. The Minister may refuse an application for an exclusive lease where he considers it necessary to reserve the land in order to guarantee the supply required for the carrying out of a non-exclusive lease already granted or other non-exclusive leases which may be granted subsequently. 1987, c. 64, s. 142; 1990, c. 36, s. 4; 1999, c. 40, s. 178; 1998, c. 24, s. 64; 2013, c. 32, s. 64; 2024, c. 36, s. 64.
Section 142Verify source
§ 142.0.1Section 142.0.1Provision

Source excerpt

The Minister may refuse an application for a non-exclusive lease for a loose deposit of mineral substances in its natural state if the deposit has never been mined, has been rehabilitated and restored, or the available mineral quantity is insufficient.

142.0.1. The Minister may refuse an application for a non-exclusive lease for a loose deposit of mineral substances in their natural state that has never been mined, that has been the subject of rehabilitation and restoration measures or in respect of which the available quantity of mineral substances is insufficient. 2013, c. 32, s. 65; 2024, c. 36, s. 65.
Section 142.0.1Verify source
§ 142.0.2Section 142.0.2Provision

Source excerpt

The Minister may refuse, condition, reduce, or terminate certain land leases for specified land-use, preservation, or public-interest reasons.

142.0.2. The Minister may, to enable prioritization or conciliation of land uses, in particular for agricultural purposes, and of land preservation, or for a public interest reason, in particular to prevent or limit impacts on local and Indigenous communities, (1) refuse an application for a lease or its renewal; (2) make the granting or the renewal of a lease subject to conditions and obligations the Minister determines; (3) grant a lease for a smaller area than the one applied for; or (4) terminate a lease or reduce the area subject to it. Where the Minister terminates a lease in accordance with subparagraph 4 of the first paragraph, he shall grant the lease holder a lease in respect of another parcel of land. Failing that, the Minister shall pay to the holder compensation equal to the amounts spent for the work performed on the land. No lease in respect of another parcel of land may be granted before, where applicable, the ministerial authorization provided for in section 22 of the Environment Quality Act (chapter Q-2) has been obtained or the declaration of compliance provided for in section 31.0.6 of that Act has been filed. 2013, c. 32, s. 65; 2024, c. 36, s. 65.
Section 142.0.2Verify source
§ 142.1Section 142.1Provision

Source excerpt

A person may not apply for an exclusive lease to mine surface mineral substances on certain land until the time fixed in section 38 has passed, and some related persons must wait an additional 30 days.

142.1. No person may apply for an exclusive lease to mine surface mineral substances on a parcel of land that is subject to an exclusive exploration right the registration of which has been refused or to an abandoned, revoked, unrenewed or expired exclusive exploration right, before the lapse of the time fixed in the first paragraph of section 38. However, in no case may the holder of the abandoned, revoked, unrenewed or expired 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, apply for an exclusive lease to mine surface mineral substances, on his own behalf, on the parcel of land that was subject thereto before an additional 30-day period. For the purposes of the second paragraph, a natural person, the person’s representatives and their employees or, in the case of a legal person, the legal person, its subsidiaries and their directors, executives, representatives and employees are deemed to constitute a single person. Where the interested person withdraws 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. This section does not apply to an application for an exclusive lease to mine surface mineral substances that concerns only the mining of a surface mineral substance referred to in paragraph 2 of section 64 that is excluded from the exclusive right granted to the holder under the exclusive exploration right. 1998, c. 24, s. 65; 2003, c. 15, s. 23; 2013, c. 32, s. 66; 2020, c. 12, s. 144; 2024, c. 36, s. 66.
Section 142.1Verify source
§ 143Section 143Provision

Source excerpt

A non-exclusive lease cannot be transferred.

143. A non-exclusive lease is not transferable. 1987, c. 64, s. 143.
Section 143Verify source
§ 144Section 144Repeal

Source excerpt

Certain listed parcels of land may not be leased, and the Minister may refuse a lease or attach conditions and obligations for leases involving certain protected or reserved lands.

144. The following sites and parcel of land may not be leased: (1) a parcel of land subject to an improvement as well as the strip of land adjacent to it, defined by regulation; (2) a parcel of land withdrawn from prospecting, mining exploration and mining operations; (3) a parcel of land regarding which a temporary suspension notice has been issued in accordance with section 304.1; (4) an outstanding geological site classified under section 305.1; (5) a parcel of land used as a cemetery governed by the Funeral Operations Act (chapter A-5.02); (6) a parcel of land covered by an authorization given under the second paragraph of section 140; and (7) a parcel of land situated within a perimeter where surface mineral substances are extracted or mined under section 140.0.1. The Minister may refuse to grant a lease or may grant a lease subject to conditions and obligations which may concern, among other matters and despite this Act, the work required to be performed if the lease concerns a parcel of land (1) situated in an Indian reserve; (2) designated as a migratory bird sanctuary under the Migratory Birds Convention Act, 1994 (S.C. 1994, c. 22); (3) (subparagraph repealed); (4) reserved to the State. 1987, c. 64, s. 144; 1988, c. 9, s. 31; 1998, c. 24, s. 66; 2013, c. 32, s. 67; 2016, c. 1, s. 132; I.N. 2019-01-15; 2024, c. 36, s. 67.
Section 144Verify source
§ 145Section 145Provision

Source excerpt

The Minister must determine the perimeter of a parcel under an exclusive lease, except a peat lease, using the stated criteria.

145. The perimeter of the parcel of land that is subject to an exclusive lease, except a peat lease, shall be determined by the Minister in accordance with the following criteria: (1) it shall be comprised within a single perimeter; (2) it shall not exceed an area of 100 hectares; and (3) it shall be included within 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. 1987, c. 64, s. 145; 1990, c. 36, s. 5; 2024, c. 36, s. 68.
Section 145Verify source
§ 145.1Section 145.1Provision

Source excerpt

The Minister determines the perimeter of land subject to a peat lease, generally within one perimeter and no more than 300 hectares, but may allow a larger lease to secure peat supply for about 50 years. The Minister must also terminate the lease or adjust the perimeter in the listed authorization and compliance situations.

145.1. The perimeter of the parcel of land that is subject to a peat lease shall be determined by the Minister in accordance with the following criteria: (1) it shall be comprised within a single perimeter; and (2) it shall not exceed an area of 300 hectares. Despite the first paragraph, the Minister may grant such a lease in respect of a parcel of land having an area in excess of 300 hectares in order to guarantee a supply of peat for a period of approximately 50 years, taking into account the operation’s projected rate of production and production capacity. The Minister shall, as applicable, (1) terminate the lease if (a) the application for the ministerial authorization provided for in section 22 of the Environment Quality Act (chapter Q-2) for the activity of producing peat is refused; or (b) the activity is not eligible for a declaration of compliance under section 31.0.6 of that Act; or (2) adjust the perimeter of the parcel of land according to the ministerial authorization issued under section 22 of the Environment Quality Act or the declaration of compliance filed in accordance with section 31.0.6 of that Act. 2024, c. 36, s. 68.
Section 145.1Verify source
§ 146Section 146Provision

Source excerpt

The Minister may increase the area of an exclusive lease at the start of each lease year if the added land is contiguous and the listed conditions are met.

146. At the beginning of each year of the lease, the Minister may grant the lessee of an exclusive lease an increase in the area of the territory covered by the lease, provided (1) the added land is contiguous to that territory; (1.1) the lessee, in the case of sand, gravel, common clay or a mineral substance found in its natural state as a loose deposit, establishes to the satisfaction of the Minister that the increase is necessary in order to carry on an activity during the current term of his lease; (2) the total area of the land is consistent with the requirements of sections 145 and 145.1; (3) the lessee has paid the fees prescribed by regulation and complied with the other provisions of this Act and the regulations. 1987, c. 64, s. 146; 1990, c. 36, s. 6; 1998, c. 24, s. 67; 2024, c. 36, s. 69.
Section 146Verify source
§ 147Section 147Provision

Source excerpt

A non-exclusive lease starts when the registrar issues a registration certificate, runs for a chosen term, and may be renewed only if the lessee meets listed renewal conditions.

147. A non-exclusive lease is effective from the date the registrar issues a certificate of registration of the lease. It ends on 31 March of the year that is one, two or three years after the year in which the lease began, at the applicant’s choice. The lease is renewed for one-, two- or three-year periods, at the lessee’s choice, for a total term not exceeding 10 years from 31 March of the year following the year in which the certificate of registration of the lease is issued, provided that the lessee (1) applies for renewal before the date of expiry of the lease; (2) has paid the rental prescribed by regulation; (3) has complied with this Act and the regulations throughout the term that is ending and, in particular, has made the reports required under section 155; (4) has met any other renewal requirement prescribed by regulation. However, the lease may not be renewed if, during the term of the preceding lease, the land concerned was subject to a mining lease in favour of a third person. The Minister may extend the lease following the last renewal for one-year periods. 1987, c. 64, s. 147; 1990, c. 36, s. 7; 1998, c. 24, s. 68; 2013, c. 32, s. 68; 2023, c. 24, s. 140.
Section 147Verify source
§ 148Section 148Provision

Source excerpt

The Minister sets the term of an exclusive lease, renews it if the listed conditions are met, may extend it after the second renewal, and may change the leased area in some cases. For certain sand, gravel, clay, or loose mineral deposits, renewal must be refused if the supply guarantee is no longer needed.

148. The term of an exclusive lease fixed by the Minister may not exceed 10 years. The Minister shall fix the term of the lease on the basis of the anticipated duration of the activities to which the application for extraction or mining pertains. However, the term of an exclusive lease to produce peat is 15 years. The Minister shall renew an exclusive lease, no more than twice, for five-year periods, provided the lessee (1) applies therefor 60 days or more before the expiry of the lease or, on payment of an additional amount prescribed by regulation, within 60 days before the expiry of the lease; (2) has carried on mining operations for at least 1/5 of the term of his lease; (3) has paid the rental prescribed by regulation; (4) has complied with this Act and the regulations throughout the previous term of his lease; (5) has met any other renewal requirement prescribed by regulation. Notwithstanding the foregoing, an exclusive lease for the production of peat shall be renewed for a period of 15 years. After the second renewal of the lease, the Minister may grant 5-year extensions or, in the case of a peat lease, 15-year extensions. Upon renewing an exclusive lease for the extraction or mining of sand, gravel, common clay or mineral substances found in their natural state as a loose deposit, the Minister may alter the area covered by the lease if he considers it necessary in order to reserve an area of land to guarantee the supply required for the purposes of non-exclusive leases which may be granted subsequently, provided the alteration does not, during the period of renewal of the exclusive lease, adversely affect the carrying on of the activity of the lessee under an exclusive lease. The renewal shall be refused for the extraction or mining of sand, gravel, common clay or mineral substances found in their natural state as a loose deposit where the Minister is of opinion that the supply guarantee is no longer necessary for the carrying on of the activity to which the application for extraction or mining pertains. 1987, c. 64, s. 148; 1990, c. 36, s. 8; 1998, c. 24, s. 69; 2013, c. 32, s. 69.
Section 148Verify source
§ 149Section 149Provision

Source excerpt

A lessee, or certain authorized persons, may access and work surface mineral substances on the relevant parcel of land; in some cases the Minister may also do so.

149. The lessee or a person who has obtained an authorization under the second paragraph of section 140 or the first paragraph of section 140.0.1 has a right of access to, and may extract or mine surface mineral substances on, the parcel of land that is subject to the lessee’s or person’s right. In the cases referred to in the second paragraph of section 140.0.1, the Minister may access a parcel of land to extract or mine surface mineral substances on it. However, on land granted, alienated or leased by the State for purposes other than mining purposes, the rights referred to in the first paragraph may be exercised only as provided in section 235. 1987, c. 64, s. 149; 1999, c. 40, s. 178; 2024, c. 36, s. 71.
Section 149Verify source
§ 150Section 150Provision

Source excerpt

Certain watercourse areas and adjacent land are reserved to the State, and the Minister can add more land to the reserve.

150. Any part of a watercourse with a natural force equal to or greater than 225 kilowatts at its ordinary flow during 6 months together with a strip of land 20 metres in width on each side of the watercourse shall be excluded from the lease and reserved to the State. The Minister may add to the reserve any area he considers necessary for the development and utilization of the waterpower. Where such an addition is made after the granting of a lease on the land concerned, compensation shall be paid to the lessee. Notwithstanding the foregoing, the Minister may, subject to certain conditions, authorize the lessee to extract or mine surface mineral substances on the reserved land. 1987, c. 64, s. 150; 1988, c. 53, s. 4; 1999, c. 40, s. 178.
Section 150Verify source
§ 150.1Section 150.1Provision

Source excerpt

Five percent of the area of land under a lease to mine surface mineral substances is reserved to the State for public development purposes.

150.1. Five percent of the area of any parcel of land subject to a lease to mine surface mineral substances is reserved to the State for public development purposes. 2013, c. 32, s. 70.
Section 150.1Verify source
§ 151Section 151Provision

Source excerpt

Sand, stone, gravel, and inert tailings for State works may be taken from State-domain land without compensation to the lessee.

151. Sand, stone, gravel and inert tailings for the construction or maintenance of the works of the State may be extracted from lands forming part of the domain of the State without compensation to the lessee. 1987, c. 64, s. 151; 1999, c. 40, s. 178; 2024, c. 36, s. 72.
Section 151Verify source
§ 151.1Section 151.1Provision

Source excerpt

151.1. No exclusive lease may be granted in respect of land that is subject to one or several non-exclusive leases at the time the application is made, unless the person applying for the exclusive lease has, beforehand, reached an

151.1. No exclusive lease may be granted in respect of land that is subject to one or several non-exclusive leases at the time the application is made, unless the person applying for the exclusive lease has, beforehand, reached an agreement with each lessee under a non-exclusive lease as to the amount of and the terms and conditions applicable to the compensation he is entitled to receive. When an agreement has been reached with every lessee under a non-exclusive lease concerned, the Minister shall transmit to each lessee a notice informing him that, notwithstanding section 147, his lease expires 90 days after the date of the notice. The Minister shall grant the exclusive lease at the expiry of the period of 90 days. Any dispute concerning the determination of the amount of and the terms and conditions applicable to the compensation shall be submitted to arbitration at the request of the person applying for the exclusive lease or of a lessee under a non-exclusive lease, in accordance with the provisions of Title II of Book VII of the Code of Civil Procedure (chapter C-25.01). The decision of the arbitrator shall have the effect of an agreement between the parties. 1990, c. 36, s. 9; I.N. 2016-01-01 (NCCP).
Section 151.1Verify source
§ 152Section 152Provision

Source excerpt

The lessee must comply with lease conditions prescribed by regulation.

152. The lessee shall comply with the conditions of the lease prescribed by regulation. 1987, c. 64, s. 152; 2024, c. 36, s. 73.
Section 152Verify source
§ 153Section 153Commencement

Source excerpt

A lessee under an exclusive lease must start operations within the time stated in the lease.

153. Every lessee under an exclusive lease shall commence his operations within the time indicated in the lease. 1987, c. 64, s. 153.
Section 153Verify source
§ 154Section 154Provision

Source excerpt

Every lessee must keep detailed records of operations, including copies of documents about the alienation and shipment of extracted substances.

154. Every lessee shall keep detailed records of his operations including a copy of all documents relating to the alienation and shipment of extracted substances. 1987, c. 64, s. 154.
Section 154Verify source
§ 155Section 155Repeal

Source excerpt

The lessee must send the Minister an annual report by 15 April, and may have to send monthly or quarterly reports on request. Some royalties are not payable for certain sand, gravel, and stone used for specified road construction or maintenance on State lands.

155. Not later than 15 April each year, the lessee shall transmit to the Minister a report covering the period from 1 April to 31 March preceding that date indicating the quantity of surface mineral substances extracted, its value, and the quantity of mineral substances alienated or set aside. The report must be submitted with the royalty fixed by regulation, where applicable. The lessee shall transmit to the Minister, at the Minister’s request and within the time fixed by the Minister, a monthly or quarterly report with the same information. No royalties are payable on sand, gravel and stone extracted from a sand pit or quarry for the construction or maintenance, on lands in the domain of the State, of (1) a mining road; (2) (subparagraph repealed); (3) (subparagraph repealed); (4) all or part of a road with respect to which a municipality has obtained an authorization to see to maintenance and repair in accordance with section 66 of the Municipal Powers Act (chapter C-47.1); or (5) a road, by a non-profit organization determined by the Minister. 1987, c. 64, s. 155; 1999, c. 40, s. 178; 1998, c. 24, s. 70; 2001, c. 6, s. 144; 2010, c. 3, s. 300; 2013, c. 32, s. 71; 2015, c. 23, s. 49; 2021, c. 35, s. 59; 2024, c. 36, s. 74.
Section 155Verify source
§ 155.1Section 155.1Provision

Source excerpt

155.1. The holder of a non-exclusive lease must submit, along with the report provided for in the first paragraph of section 155, a financial contribution for the rehabilitation and restoration of a loose deposit of mineral substances in

155.1. The holder of a non-exclusive lease must submit, along with the report provided for in the first paragraph of section 155, a financial contribution for the rehabilitation and restoration of a loose deposit of mineral substances in their natural state, the amount of which is fixed by regulation. No financial contribution is required from the holder where the lease is required for the construction or maintenance, on lands in the domain of the State, of (1) a mining road; (2) all or part of a road in respect of which a municipality has obtained an authorization to see to its maintenance and repair in accordance with section 66 of the Municipal Powers Act (chapter C-47.1); or (3) a road by a non-profit organization determined by the Minister. 2024, c. 36, s. 75.
Section 155.1Verify source
§ 156Section 156Provision

Source excerpt

An exclusive lessee may abandon all or part of the leased land if the written application, creditor notice, perimeter, ministerial authorization, and compliance conditions are met.

156. The lessee under an exclusive lease may abandon his right in all or part of the parcel of land that is subject to his lease, provided that (1) he applies therefor in writing and that, following the application the Minister has notified all creditors having registered an instrument referred to in paragraph 3 of section 13 in the public register of real and immovable mining rights; (2) the residual area, in the case of partial abandonment, is comprised within a single perimeter; (3) he has obtained the authorization of the Minister who shall grant his authorization after 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; (4) he has complied with the other provisions of this Act and the regulations. The lease is deemed to be abandoned from the date of notification, to its holder, of the authorization provided for in subparagraph 3 of the first paragraph. 1987, c. 64, s. 156; 1994, c. 17, s. 75; 1999, c. 36, s. 158; 2006, c. 3, s. 35; 2013, c. 32, s. 72; 2024, c. 36, s. 76.
Section 156Verify source
§ 157Section 157Repeal

Source excerpt

Section 157 is repealed.

157. (Repealed). 1987, c. 64, s. 157; 1998, c. 24, s. 71; 2016, c. 35, s. 23.
Section 157Verify source
§ 158Section 158Repeal

Source excerpt

158. (Repealed). 1987, c. 64, s. 158; 1998, c. 24, s. 72; 2016, c. 35, s. 23.

158. (Repealed). 1987, c. 64, s. 158; 1998, c. 24, s. 72; 2016, c. 35, s. 23.
Section 158Verify source
§ 159Section 159Repeal

Source excerpt

Section 159 is repealed.

159. (Repealed). 1987, c. 64, s. 159; 1988, c. 9, s. 32; 2016, c. 35, s. 23.
Section 159Verify source
§ 160Section 160Repeal

Source excerpt

Section 160 is repealed.

160. (Repealed). 1987, c. 64, s. 160; 1998, c. 24, s. 73; 2016, c. 35, s. 23.
Section 160Verify source
§ 161Section 161Repeal

Source excerpt

Section 161 is repealed.

161. (Repealed). 1987, c. 64, s. 161; 1998, c. 24, s. 74; 2016, c. 35, s. 23.
Section 161Verify source
§ 162Section 162Repeal

Source excerpt

Section 162 is repealed.

162. (Repealed). 1987, c. 64, s. 162; 2016, c. 35, s. 23.
Section 162Verify source
§ 163Section 163Repeal

Source excerpt

Section 163 is repealed.

163. (Repealed). 1987, c. 64, s. 163; 1988, c. 9, s. 33; 2016, c. 35, s. 23.
Section 163Verify source
§ 164Section 164Repeal

Source excerpt

Section 164 is repealed.

164. (Repealed). 1987, c. 64, s. 164; 1988, c. 9, s. 34; 1994, c. 17, s. 75; 1999, c. 36, s. 158; 1998, c. 24, s. 75; 2000, c. 42, s. 187; 2006, c. 3, s. 35; 1998, c. 24, s. 75; 2013, c. 16, s. 10; 2016, c. 35, s. 23.
Section 164Verify source
§ 165Section 165Repeal

Source excerpt

Section 165 is repealed.

165. (Repealed). 1987, c. 64, s. 165; 1998, c. 24, s. 77; 2013, c. 16, s. 11; 2016, c. 35, s. 23.
Section 165Verify source
§ 166Section 166Repeal

Source excerpt

Section 166 is repealed.

166. (Repealed). 1987, c. 64, s. 166; 1998, c. 24, s. 78; 2013, c. 16, s. 12; 2016, c. 35, s. 23.
Section 166Verify source
§ 166.1Section 166.1Repeal

Source excerpt

Section 166.1 is repealed.

166.1. (Repealed). 1998, c. 24, s. 79; 2013, c. 16, s. 13.
Section 166.1Verify source
§ 167Section 167Repeal

Source excerpt

Section 167 is repealed.

167. (Repealed). 1987, c. 64, s. 167; 1998, c. 24, s. 80.
Section 167Verify source
§ 168Section 168Repeal

Source excerpt

Section 168 is repealed.

168. (Repealed). 1987, c. 64, s. 168; 2013, c. 16, s. 21; 2016, c. 35, s. 23.
Section 168Verify source
§ 169Section 169Repeal

Source excerpt

Section 169 is repealed.

169. (Repealed). 1987, c. 64, s. 169; 1998, c. 24, s. 81; 2016, c. 35, s. 23.
Section 169Verify source
§ 169.1Section 169.1Repeal

Source excerpt

Section 169.1 is repealed.

169.1. (Repealed). 1998, c. 24, s. 82; 2016, c. 35, s. 23.
Section 169.1Verify source
§ 169.2Section 169.2Repeal

Source excerpt

169.2. (Repealed). 1998, c. 24, s. 82; 2016, c. 35, s. 23.

169.2. (Repealed). 1998, c. 24, s. 82; 2016, c. 35, s. 23.
Section 169.2Verify source
§ 170Section 170Repeal

Source excerpt

Section 170 is repealed.

170. (Repealed). 1987, c. 64, s. 170; 1999, c. 40, s. 178; 2016, c. 35, s. 23.
Section 170Verify source
§ 171Section 171Repeal

Source excerpt

Section 171 is repealed.

171. (Repealed). 1987, c. 64, s. 171; 1998, c. 24, s. 83; 2013, c. 16, s. 14.
Section 171Verify source
§ 172Section 172Repeal

Source excerpt

172. (Repealed). 1987, c. 64, s. 172; 2016, c. 35, s. 23.

172. (Repealed). 1987, c. 64, s. 172; 2016, c. 35, s. 23.
Section 172Verify source
§ 173Section 173Repeal

Source excerpt

Section 173 is repealed.

173. (Repealed). 1987, c. 64, s. 173; 1998, c. 24, s. 84; 2016, c. 35, s. 23.
Section 173Verify source
§ 174Section 174Repeal

Source excerpt

Section 174 is repealed.

174. (Repealed). 1987, c. 64, s. 174; 1998, c. 24, s. 85; 2016, c. 35, s. 23.
Section 174Verify source
§ 175Section 175Repeal

Source excerpt

Section 175 is repealed.

175. (Repealed). 1987, c. 64, s. 175; 1988, c. 9, s. 35; 1998, c. 24, s. 86; 2016, c. 35, s. 23.
Section 175Verify source
§ 176Section 176Repeal

Source excerpt

Section 176 is repealed.

176. (Repealed). 1987, c. 64, s. 176; 1998, c. 24, s. 87; 2016, c. 35, s. 23.
Section 176Verify source
§ 177Section 177Repeal

Source excerpt

Section 177 is repealed.

177. (Repealed). 1987, c. 64, s. 177; 1998, c. 24, s. 88; 2016, c. 35, s. 23.
Section 177Verify source
§ 178Section 178Repeal

Source excerpt

178. (Repealed). 1987, c. 64, s. 178; 2016, c. 35, s. 23.

178. (Repealed). 1987, c. 64, s. 178; 2016, c. 35, s. 23.
Section 178Verify source
§ 179Section 179Repeal

Source excerpt

Section 179 is repealed.

179. (Repealed). 1987, c. 64, s. 179; 2016, c. 35, s. 23.
Section 179Verify source
§ 180Section 180Repeal

Source excerpt

Section 180 is repealed.

180. (Repealed). 1987, c. 64, s. 180; 1998, c. 24, s. 89; 2016, c. 35, s. 23.
Section 180Verify source
§ 181Section 181Repeal

Source excerpt

Section 181 is repealed.

181. (Repealed). 1987, c. 64, s. 181; 2012, c. 11, s. 33; 2016, c. 35, s. 23.
Section 181Verify source
§ 182Section 182Repeal

Source excerpt

Section 182 is repealed.

182. (Repealed). 1987, c. 64, s. 182; 2016, c. 35, s. 23.
Section 182Verify source
§ 183Section 183Repeal

Source excerpt

Section 183 is repealed.

183. (Repealed). 1987, c. 64, s. 183; 2016, c. 35, s. 23.
Section 183Verify source
§ 184Section 184Repeal

Source excerpt

Section 184 is repealed.

184. (Repealed). 1987, c. 64, s. 184; 1988, c. 9, s. 36; 2016, c. 35, s. 23.
Section 184Verify source
§ 185Section 185Repeal

Source excerpt

Section 185 is repealed.

185. (Repealed). 1987, c. 64, s. 185; 2016, c. 35, s. 23.
Section 185Verify source
§ 186Section 186Repeal

Source excerpt

Section 186 is repealed.

186. (Repealed). 1987, c. 64, s. 186; 1998, c. 24, s. 90; 2016, c. 35, s. 23.
Section 186Verify source
§ 187Section 187Repeal

Source excerpt

Section 187 is repealed.

187. (Repealed). 1987, c. 64, s. 187; 2016, c. 35, s. 23.
Section 187Verify source
§ 188Section 188Repeal

Source excerpt

Section 188 is repealed.

188. (Repealed). 1987, c. 64, s. 188; 2016, c. 35, s. 23.
Section 188Verify source
§ 189Section 189Repeal

Source excerpt

Section 189 is repealed.

189. (Repealed). 1987, c. 64, s. 189; 2016, c. 35, s. 23.
Section 189Verify source
§ 190Section 190Repeal

Source excerpt

Section 190 is repealed.

190. (Repealed). 1987, c. 64, s. 190; 1998, c. 24, s. 91; 2016, c. 35, s. 23.
Section 190Verify source
§ 191Section 191Repeal

Source excerpt

Section 191 is repealed.

191. (Repealed). 1987, c. 64, s. 191; 2016, c. 35, s. 23.
Section 191Verify source
§ 192Section 192Repeal

Source excerpt

Section 192 was repealed.

192. (Repealed). 1987, c. 64, s. 192; 1988, c. 9, s. 37; 2016, c. 35, s. 23.
Section 192Verify source
§ 193Section 193Repeal

Source excerpt

Section 193 is repealed.

193. (Repealed). 1987, c. 64, s. 193; 1998, c. 24, s. 93; 2016, c. 35, s. 23.
Section 193Verify source
§ 194Section 194Repeal

Source excerpt

Section 194 is repealed.

194. (Repealed). 1987, c. 64, s. 194; 1998, c. 24, s. 94; 2013, c. 16, s. 15; 2016, c. 35, s. 23.
Section 194Verify source
§ 194.0.1Section 194.0.1Repeal

Source excerpt

194.0.1. (Repealed). 2013, c. 16, s. 15; 2016, c. 35, s. 23.

194.0.1. (Repealed). 2013, c. 16, s. 15; 2016, c. 35, s. 23.
Section 194.0.1Verify source
§ 194.1Section 194.1Repeal

Source excerpt

Section 194.1 is repealed.

194.1. (Repealed). 1998, c. 24, s. 95; 1999, c. 40, s. 178; 2016, c. 35, s. 23.
Section 194.1Verify source
§ 194.2Section 194.2Repeal

Source excerpt

Section 194.2 is repealed.

194.2. (Repealed). 1998, c. 24, s. 95; I.N. 2016-01-01 (NCCP); 2016, c. 35, s. 23.
Section 194.2Verify source
§ 195Section 195Repeal

Source excerpt

Section 195 is repealed.

195. (Repealed). 1987, c. 64, s. 195; 1998, c. 24, s. 96; 2013, c. 16, s. 21; 2016, c. 35, s. 23.
Section 195Verify source
§ 196Section 196Repeal

Source excerpt

Section 196 is repealed.

196. (Repealed). 1987, c. 64, s. 196; 2013, c. 16, s. 21; 2016, c. 35, s. 23.
Section 196Verify source
§ 197Section 197Repeal

Source excerpt

Section 197 is repealed.

197. (Repealed). 1987, c. 64, s. 197; 2016, c. 35, s. 23.
Section 197Verify source
§ 198Section 198Repeal

Source excerpt

Section 198 is repealed.

198. (Repealed). 1987, c. 64, s. 198; 1998, c. 24, s. 97; 2016, c. 35, s. 23.
Section 198Verify source
§ 199Section 199Repeal

Source excerpt

Section 199 is repealed.

199. (Repealed). 1987, c. 64, s. 199; 2016, c. 35, s. 23.
Section 199Verify source
§ 200Section 200Repeal

Source excerpt

Section 200 is repealed.

200. (Repealed). 1987, c. 64, s. 200; 1999, c. 40, s. 178; 2016, c. 35, s. 23.
Section 200Verify source
§ 201Section 201Repeal

Source excerpt

Section 201 is repealed.

201. (Repealed). 1987, c. 64, s. 201; 1998, c. 24, s. 98; 2013, c. 16, s. 16.
Section 201Verify source
§ 202Section 202Repeal

Source excerpt

Section 202 is repealed.

202. (Repealed). 1987, c. 64, s. 202; 1998, c. 24, s. 99; 2016, c. 35, s. 23.
Section 202Verify source
§ 203Section 203Repeal

Source excerpt

Section 203 is repealed.

203. (Repealed). 1987, c. 64, s. 203; 1998, c. 24, s. 100; 2016, c. 35, s. 23.
Section 203Verify source
§ 204Section 204Repeal

Source excerpt

Section 204 is repealed.

204. (Repealed). 1987, c. 64, s. 204; 1998, c. 24, s. 101; 2016, c. 35, s. 23.
Section 204Verify source
§ 205Section 205Repeal

Source excerpt

Section 205 is repealed.

205. (Repealed). 1987, c. 64, s. 205; 2016, c. 35, s. 23.
Section 205Verify source
§ 206Section 206Repeal

Source excerpt

Section 206 is repealed.

206. (Repealed). 1987, c. 64, s. 206; 1988, c. 9, s. 38; 1994, c. 17, s. 75; 1999, c. 36, s. 158; 2006, c. 3, s. 35; 1998, c. 24, s. 102; 2013, c. 16, s. 21; 2016, c. 35, s. 23.
Section 206Verify source
§ 207Section 207Provision

Source excerpt

207. Every document sent, filed or received for the purposes of this Act is deemed to have been sent, filed or received on the date and at the hour and minute it is received, as the case may be, by the registrar or by the Minister. Map

207. Every document sent, filed or received for the purposes of this Act is deemed to have been sent, filed or received on the date and at the hour and minute it is received, as the case may be, by the registrar or by the Minister. Map designation notices or applications for a lease or an authorization under section 33 are admitted according to the order in which they are received, as the case may be, by the registrar or by the Minister. Applications for a lease or authorization under section 33, where they relate to the same parcel of land and are received on the same day, shall be admitted in the order established by a drawing of lots. Map designation notices for which the order of receipt cannot be determined in accordance with the preceding paragraph shall also be admitted in the order established by a drawing of lots. Every person who intends to take part in the drawing of lots must, beforehand, pay the duties fixed by regulation and comply with the conditions for participation prescribed by regulation. 1987, c. 64, s. 207; 1988, c. 9, s. 39; 1990, c. 36, s. 10; 1998, c. 24, s. 103; 2003, c. 15, s. 24; 2013, c. 16, s. 17; 2013, c. 32, s. 73; 2021, c. 35, s. 60; 2024, c. 36, s. 77.
Section 207Verify source
§ 207.1Section 207.1Repeal

Source excerpt

Section 207.1 is repealed.

207.1. (Repealed). 1998, c. 24, s. 103; 2013, c. 32, s. 74.
Section 207.1Verify source
§ 208Section 208Provision

Source excerpt

208. Every parcel of land subject to a mining right is limited on the surface by its perimeter, and in depth by the vertical projection of its perimeter. 1987, c. 64, s. 208.

208. Every parcel of land subject to a mining right is limited on the surface by its perimeter, and in depth by the vertical projection of its perimeter. 1987, c. 64, s. 208.
Section 208Verify source
§ 209Section 209Provision

Source excerpt

The holder of a mining right must pay the costs of surveying and boundary/topographical surveys for land subject to the right, and must send related documents, reports, and minutes to the Minister promptly after the work is done.

209. The holder of a mining right shall assume, with respect to the parcel of land that is subject to his right, any costs incurred for surveying, the determination or demarcation of boundaries and topographical surveys by means of aerial photography or otherwise. The documents, reports and minutes relating to such operations shall be transmitted to the Minister with diligence after they are conducted. 1987, c. 64, s. 209.
Section 209Verify source
§ 210Section 210Provision

Source excerpt

Required surveys for mining-right parcels must be done by a land surveyor, who must follow prescribed surveying standards and the Minister’s instructions.

210. Any survey required by the Minister or prescribed by this Act or the regulations to establish the boundaries and official description of a parcel of land subject to a mining right shall be carried out by a land surveyor. The surveyor shall comply with the surveying standards prescribed by regulation and act according to the instructions of the Minister. 1987, c. 64, s. 210; 1988, c. 9, s. 40.
Section 210Verify source
§ 211Section 211Provision

Source excerpt

If a person illegally possesses land subject to a mining right and refuses to leave, the Minister or the holder of a mining or production right may ask a Superior Court judge for an eviction order.

211. Where a person is in illegal possession of any parcel of land that is subject to a mining right on land of the domain of the State refuses to relinquish possession, the Minister, or the holder of a right to engage in mining or production, may apply to a judge of the Superior Court for an order in the form of an eviction order. In such a case, sections 60 to 62 of the Act respecting lands in the domain of the State (chapter T-8.1) apply, adapted as required. 1987, c. 64, s. 211; 1999, c. 40, s. 178; I.N. 2016-01-01 (NCCP).
Section 211Verify source
§ 212Section 212Provision

Source excerpt

A holder of a mining right may not claim compensation from another holder of a mining right for mine tailings deposited on land subject to the holder’s right, unless the matter involves a mining lease or mining concession.

212. A holder of a mining right may not claim compensation from another holder of a mining right for the deposit of mine tailings on the parcel of land subject to the former’s right, except in the case of a mining lease or a mining concession. 1987, c. 64, s. 212; 2013, c. 32, s. 75.
Section 212Verify source
§ 213Section 213Provision

Source excerpt

A mining right holder may cut timber for mining activities on the land subject to the right, but must follow the Sustainable Forest Development Act rules, with specific exceptions and limits.

213. The holder of a mining right may, in order to construct buildings or perform any other operation required for his mining activities, cut timber forming part of the domain of the State on the parcel of land that is subject to his right, in accordance with the rules set forth in the Sustainable Forest Development Act (chapter A-18.1) and the regulations. However, the rules referred to above do not apply to a person who effects line cutting not exceeding one metre in width. Similarly, except in the case of a strip of woodland established for the protection of lakes, watercourses, riparian areas and wetlands by government regulation under section 38 of the Sustainable Forest Development Act, the rules apply neither to a person cutting trenches or performing other excavations nor to a person carrying out drilling work, provided he has obtained prior authorization from the Minister responsible for the administration of that Act and complies with the following conditions: (1) the total area of the trenches or other excavations, added, as the case may be, to the total area of excavations already carried out by another holder of a mining right, shall not exceed 2% of the wooded area of the parcel of land in question; (2) the area affected by the cutting of timber, which is required for drilling work, added, as the case may be, to the area affected by cutting already carried out by another holder of a mining right on the same conditions, shall not exceed 2% of the wooded area of the parcel of land in question. The said Minister may make his authorization subject to such other conditions and obligations as he may establish jointly with the Minister responsible for the administration of this Act. Notwithstanding the foregoing, in any area classified as an exceptional forest ecosystem or designated as a biological refuge or as wetlands of interest under the Sustainable Forest Development Act, the holder of the mining right must follow the rules set forth in that Act. 1987, c. 64, s. 213; 1988, c. 9, s. 41; 1999, c. 40, s. 178; 2001, c. 6, s. 145; 2010, c. 3, s. 301; 2021, c. 35, s. 61; 2024, c. 36, s. 79.
Section 213Verify source
§ 213.1Section 213.1Provision

Source excerpt

A holder of mining rights who gets an authorization under section 213 must scale harvested timber under section 70 of the Sustainable Forest Development Act and pay the same duties as a forestry permit holder under section 73(1)(4) of that Act.

213.1. The holder of mining rights who obtains an authorization under section 213 shall scale the harvested timber in accordance with section 70 of the Sustainable Forest Development Act (chapter A-18.1) and pay the same duties as those applicable to the holder of a forestry permit issued under subparagraph 4 of the first paragraph of section 73 of that Act. 1988, c. 73, s. 74; 2001, c. 6, s. 146; 2010, c. 3, s. 302.
Section 213.1Verify source
§ 213.2Section 213.2Repeal

Source excerpt

Section 213.2 is repealed.

213.2. (Repealed). 1991, c. 23, s. 3; 2001, c. 6, s. 147; 2013, c. 32, s. 77.
Section 213.2Verify source
§ 213.3Section 213.3Repeal

Source excerpt

Section 213.3 is repealed.

213.3. (Repealed). 1998, c. 24, s. 104; 2013, c. 32, s. 77.
Section 213.3Verify source
§ 214Section 214Provision

Source excerpt

If the holder of a mining right dies, the Minister may, on timely application by the successors, extend the right for one year and suspend the obligations attached to it for that year.

214. In the event of the death of the holder of a mining right and on the application of his successors received before the expiry date of the mining right, the Minister may extend the term of the right for one year and suspend for that year the obligations entailed by the right. 1987, c. 64, s. 214.
Section 214Verify source
§ 215Section 215Provision

Source excerpt

215. The documents and information obtained by the Minister from holders of mining rights for the purposes of this Act are public. The Minister makes such documents and information public in the manner the Minister sees fit. However, the

215. The documents and information obtained by the Minister from holders of mining rights for the purposes of this Act are public. The Minister makes such documents and information public in the manner the Minister sees fit. However, the work reports required under section 72 involving amounts beyond the allowances that may be claimed under the Mining Tax Act (chapter I-0.4) remain confidential for five years after the date of the work. The following are made public once a year for each mine and for each lease to mine surface mineral substances: (1) the quantity and value of the ore extracted during the previous year; (2) the royalties paid during the previous year; and (3) the overall contributions paid by the holder. The following are also made public: (1) the rehabilitation and restoration plan approved by the Minister; and (2) the total amount of the financial guarantee required. This section applies subject to the restrictions on rights of access prescribed by section 28 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1). 1987, c. 64, s. 215; 1988, c. 9, s. 42; 1990, c. 36, s. 11; 2013, c. 32, s. 78; 2015, c. 8, s. 70; 2015, c. 23, s. 50.
Section 215Verify source
§ 215.1Section 215.1Provision

Source excerpt

The Minister may require a mining right holder to remove or move certain property, extracted ore, or extracted surface mineral substance, subject to authorization under the Act.

215.1. Subject to an authorization given under this Act, the Minister may, at any time, require the holder of a mining right to remove or move, within the time fixed by the Minister, any property or extracted ore or any extracted surface mineral substance situated on the land subject to the mining right in order to enable prioritization or conciliation of uses and preservation of the territory or for a public interest reason, in particular to prevent or limit impacts on local and Indigenous communities. 2024, c. 36, s. 80.
Section 215.1Verify source
§ 216Section 216Provision

Source excerpt

After a mining right ends, the holder must remove property—and in some cases extracted ore or surface mineral substances—from the land within the stated time limits.

216. Within 30 days after the abandonment, revocation or expiry of his right, the holder of an exclusive exploration right shall remove all his property from the parcel of land that was subject to his right. Subject to the first paragraph of section 123, the holder of a mining lease or mining concession shall, within one year after the abandonment, revocation or expiry of his right, remove all his property and any extracted ore from the parcel of land that was subject to his right. On written application, the Minister may grant him an extension subject to the conditions he determines. Before the date of abandonment, revocation or expiry of the lease, the holder of a lease to mine surface mineral substances shall remove all the property and any extracted surface mineral substances from the parcel of land subject to the lease. Once the time is expired, the property and mineral substances remaining on land of the domain of the State shall, of right, form part of the domain of the State. 1987, c. 64, s. 216; 1999, c. 40, s. 178; 2013, c. 32, s. 79; 2024, c. 36, s. 81.
Section 216Verify source
§ 216.1Section 216.1Provision

Source excerpt

If a person covered by section 215.1 or 216 does not remove or move the property, extracted ore, or extracted surface mineral substances as required, the Minister may do so at that person’s expense.

216.1. If a person referred to in section 215.1 or 216 fails to remove or move the property or extracted ore or the extracted surface mineral substances as prescribed by that section, the Minister may remove or move them at the person’s expense. 2013, c. 32, s. 80; 2024, c. 36, s. 82.
Section 216.1Verify source
§ 217Section 217Provision

Source excerpt

217. This chapter applies to the mineral substances referred to in section 18 and to mineral substances that are not part of the domain of the State. 1987, c. 64, s. 217; 1999, c. 40, s. 178; 2016, c. 35, s. 23.

217. This chapter applies to the mineral substances referred to in section 18 and to mineral substances that are not part of the domain of the State. 1987, c. 64, s. 217; 1999, c. 40, s. 178; 2016, c. 35, s. 23.
Section 217Verify source
§ 218Section 218Provision

Source excerpt

This section defines “operator” and “mine” for the chapter.

218. In this chapter, “operator” means any person who, as owner, lessee or occupant of a mine, performs or directs mining operations, or causes them to be performed or directed; “mine” means any opening or excavation made for the purpose of searching for or mining mineral substances, passageways, works, machinery, plants, buildings and furnaces below or above ground and forming part of a mining operation. 1987, c. 64, s. 218; 1988, c. 9, s. 43; 2016, c. 35, s. 23.
Section 218Verify source
§ 219Section 219Provision

Source excerpt

The holder of a mining right, or the operator, must notify the Minister in writing within 15 days of any change of operator, firm name, or address.

219. The holder of a mining right or, as the case may be, the operator is required to notify the Minister in writing within 15 days of any change of operator or of firm name or address. 1987, c. 64, s. 219.
Section 219Verify source
§ 220Section 220Provision

Source excerpt

The operator must give the Minister any requested plan, document, or yearly exploration report and results.

220. The operator shall transmit to the Minister, at his request, any plan or document required for further information on deposits and working of deposits, and any report on exploration work performed during the year and the results of the work. 1987, c. 64, s. 220.
Section 220Verify source
§ 221Section 221Provision

Source excerpt

Specified mining actors must send the Minister an annual report and forecast by 31 October.

221. Every operator, every person engaged in exploration for or extraction or processing of mineral substances and every contractor engaged in mining operations shall forward to the Minister, before 31 October each year, a preliminary report for the current year and a forecast for the following year showing (1) the expenses made or anticipated for exploration; (2) the sums allocated or to be allocated for capital expenditures and repairs; (3) the nature and cost of the rehabilitation and restoration work performed or to be performed. The operator or the person who processes mineral substances and the contractor shall also indicate in his report the quantity and value of the production. Despite the first paragraph of section 215, the information in the report is not made public and may only be used for statistical purposes. 1987, c. 64, s. 221; 1990, c. 36, s. 13; 2003, c. 15, s. 25; 2015, c. 8, s. 71.
Section 221Verify source
§ 222Section 222Provision

Source excerpt

Certain mining operators and service enterprises must send annual activity reports to the Minister, with additional reports on request, and the report information is not public.

222. Every operator and every person engaged in exploration for or extraction or processing of mineral substances and every contractor engaged in mining operations shall transmit to the Minister, not later than 31 March each year, a report of activities for the preceding year showing (1) the nature of the work and the sums spent on exploration; (2) the sums allocated for capital expenditures and repairs; (3) the current state of ore reserves; (4) the quantity and value of their production; (5) the number of employees; (6) the expenses entailed by mining activities; (7) any other information the Minister may request. At the request of the Minister, they shall transmit a monthly or quarterly report of activities within 30 days after the end of the period referred to in the report. Every enterprise which provides mining services shall forward the report described in the first paragraph to the Minister, at his request. In the event of the bankruptcy or winding-up of an enterprise, the trustee or liquidator shall transmit the report to the Minister at his request. Despite the first paragraph of section 215, the information in the report is not made public and may only be used for statistical purposes. 1987, c. 64, s. 222; 2003, c. 15, s. 26; 2005, c. 45, s. 4; 2015, c. 8, s. 72.
Section 222Verify source
§ 223Section 223Provision

Source excerpt

The operator must forward the prescribed plans to the Minister every five years, and the plans must be signed by an engineer. The Minister may also require the operator to provide the plans within a time set by the Minister.

223. The operator shall, every five years, forward to the Minister the plans prescribed by regulation. The plans must be signed by an engineer. The Minister may require that the operator provide him, within the time fixed by the Minister, with the plans prescribed by regulation. Whenever amendments to the plans are justified by changes in the mining activities, the operator must forward the plans to the Minister within the time provided for by regulation. 1987, c. 64, s. 223; 2021, c. 35, s. 62.
Section 223Verify source
§ 223.1Section 223.1Provision

Source excerpt

Sections 154 and 155, as adapted, apply to operators or persons who extract or mine surface mineral substances for commercial purposes from the State domain.

223.1. Sections 154 and 155, adapted as required, apply to every operator or person engaged in the extraction or mining, for commercial purposes, of surface mineral substances forming part of the domain of the State. 1990, c. 36, s. 14; 1999, c. 40, s. 178.
Section 223.1Verify source
§ 224Section 224Provision

Source excerpt

Before mining operations start, or restart after a suspension of six months or more, the holder of mining rights doing underground exploration work and the operator must send a written notice to the Minister.

224. The holder of mining rights who performs underground exploration work and the operator shall, before commencing mining operations or resuming them after a suspension of six months or more, transmit to the Minister a written notice in compliance with the standards prescribed by regulation. 1987, c. 64, s. 224.
Section 224Verify source
§ 225Section 225Provision

Source excerpt

The holder of mining rights and the operator must keep up to date plans and registers for the work, as prescribed by regulation.

225. The holder of mining rights and the operator shall keep up to date plans and registers relating to the work as prescribed by regulation. The holder of mining rights who performs any other exploration work shall keep an up to date record of excavations and drilling in accordance with the regulations. 1987, c. 64, s. 225; 2013, c. 32, s. 81.
Section 225Verify source
§ 226Section 226Provision

Source excerpt

If mining operations are suspended for six months or more, the holder of a mining right doing underground exploration work and the operator must give notice and file specified plans and records within set deadlines.

226. Where mining operations are suspended for six months or more, the holder of a mining right who performs underground exploration work and the operator shall, at least 10 days before the beginning of the suspension, transmit to the Minister and the Minister of Sustainable Development, Environment and Parks a written notice informing them of the suspension of operations and, within four months from the beginning of the suspension, a copy, certified by an engineer or a geologist, of the plans of the underground works, surface mines, ground facilities, and tailing dumps existing on the date of cessation of the work. They shall also transmit the plans, records and reports prescribed by regulation. In the event of a strike or lock-out, the notice required under the first paragraph must be sent within four months after the beginning of the strike or lock-out. 1987, c. 64, s. 226; 1998, c. 24, s. 105; 2001, c. 12, s. 16; 2013, c. 32, s. 82.
Section 226Verify source
§ 227Section 227Repeal

Source excerpt

Section 227 is repealed.

227. (Repealed). 1987, c. 64, s. 227; 2016, c. 35, s. 23.
Section 227Verify source
§ 228Section 228Repeal

Source excerpt

228. (Repealed). 1987, c. 64, s. 228; 1999, c. 40, s. 178; 2013, c. 32, s. 83.

228. (Repealed). 1987, c. 64, s. 228; 1999, c. 40, s. 178; 2013, c. 32, s. 83.
Section 228Verify source
§ 229Section 229Repeal

Source excerpt

Section 229 is repealed.

229. (Repealed). 1987, c. 64, s. 229; 2013, c. 32, s. 83.
Section 229Verify source
§ 230Section 230Repeal

Source excerpt

Section 230 is repealed.

230. (Repealed). 1987, c. 64, s. 230; 2016, c. 35, s. 23.
Section 230Verify source
§ 231Section 231Provision

Source excerpt

If mining activities stop temporarily or permanently, the Minister may order the mining right holder or operator to take required measures, and may have the work done at their expense if they do not comply.

231. In addition to the protective measures necessary to prevent any damage and the safety measures prescribed by regulation, the Minister may, if mining activities are temporarily or permanently discontinued, order the holder of a mining right or the operator to take any measure imposed by the Minister. The Minister may cause the work to be done at the expense of a holder of a mining right or operator who fails to comply with the Minister’s orders or the regulatory prescriptions. The first paragraph does not apply in the case of a strike, lock-out, cessation of underground exploration or operation of a mine for a period of less than six months. 1987, c. 64, s. 231; 2013, c. 32, s. 84.
Section 231Verify source
§ 232Section 232Provision

Source excerpt

Certain mining-related operators must rehabilitate and restore affected land and do follow-up monitoring and maintenance.

232. The following persons must rehabilitate and restore, in accordance with this Act, the land on which they carry out their mining activities in order to make reparation for any harm caused to the environment: (1) every holder of a mining right who performs exploration work determined by regulation or agrees to such work being performed on the land subject to his mining right; (2) every operator who performs mining operation work determined by regulation in respect of mineral substances listed in the regulation; (3) every person who operates a mineral substance processing plant of a category determined by regulation or a mineral substance concentration plant; and (4) every person who performs mining operation work determined by regulation in respect of tailings. The rehabilitation and restoration obligation includes work to restore the affected land to a satisfactory condition as well as the monitoring and maintenance required to ensure follow-up to the work carried out. 1987, c. 64, s. 232; 1991, c. 23, s. 5; 2001, c. 6, s. 148; 2013, c. 32, s. 85; 2024, c. 36, s. 84.
Section 232Verify source
§ 232.0.1Section 232.0.1Provision

Source excerpt

A person who transfers certain mining assets must pay compensation to the Minister for environmental harm, subject to a regulation-based measure and a stated exception.

232.0.1. A person referred to in the first paragraph of section 232 who transfers, as the case may be, his mining right, the land on which he carries out his mining activities, or his concentration or processing plant is liable to pay a compensation to the Minister for the harm caused by his activities to the environment, as prescribed by regulation. The Minister may waive payment of that compensation in exchange for the implementation of a more efficient rehabilitation and restoration method for the land used for mining activities. The first paragraph does not apply to a transfer of mining rights referred to in section 123.1. 2024, c. 36, s. 84.
Section 232.0.1Verify source
§ 232.1Section 232.1Provision

Source excerpt

The persons referred to in section 232(1) must submit a rehabilitation and restoration plan to the Minister for approval, and carry out the rehabilitation, restoration, monitoring, and maintenance work in line with the approved plan.

232.1. The persons referred to in the first paragraph of section 232 must submit a rehabilitation and restoration plan to the Minister for approval and perform the rehabilitation and restoration work as well as the monitoring and maintenance required to ensure follow-up to the work in accordance with the approved plan. 1991, c. 23, s. 6; 2013, c. 32, s. 86; 2024, c. 36, s. 85.
Section 232.1Verify source
§ 232.2Section 232.2Provision

Source excerpt

Before mining activities begin, the Minister must approve the rehabilitation and restoration plan submitted under section 232, except for an applicant for a mining lease.

232.2. The rehabilitation and restoration plan submitted by a person identified in the first paragraph of section 232, other than an applicant for a mining lease, must be approved by the Minister before mining activities begin. 1991, c. 23, s. 6; 2013, c. 32, s. 87; 2024, c. 36, s. 86.
Section 232.2Verify source
§ 232.3Section 232.3Provision

Source excerpt

A rehabilitation and restoration plan must meet prescribed regulatory standards and include specified content.

232.3. The rehabilitation and restoration plan must comply with the standards prescribed by regulation and contain, in particular, (1) a description of the rehabilitation and restoration work relating to the activities of the person submitting the plan and intended to restore the land affected by the activities to a satisfactory condition; (2) if the land is affected by tailings, containment work and, if required, work to put in place, operate and maintain any infrastructure that could result from the presence of tailings on the land; (3) if progressive restoration work is possible, the conditions and phases of completion of the work; (4) the conditions and phases of completion of the work in the event of final cessation of mining activities; (5) commitments related to the monitoring and maintenance required for follow-up to the rehabilitation and restoration work; (6) a detailed assessment of the anticipated costs for carrying out the rehabilitation and restoration work and for the follow-up to the work; and (7) in the case of an open-pit mine, a backfill feasibility study. 1991, c. 23, s. 6; 2013, c. 32, s. 88; 2024, c. 36, s. 87.
Section 232.3Verify source
§ 232.4Section 232.4Provision

Source excerpt

A person covered by section 232 must provide and maintain a guarantee for the expected rehabilitation, restoration, and follow-up costs, following regulatory standards. If the guarantee is property or money, it cannot be seized.

232.4. A person referred to in the first paragraph of section 232 must, in accordance with the standards established by regulation, provide and maintain a guarantee covering the anticipated costs for carrying out the rehabilitation and restoration work and for the follow-up to the work, as determined in the plan. Where the guarantee is property or a sum of money, the property or money is exempt from seizure. 1991, c. 23, s. 6; 2013, c. 32, s. 89; 2024, c. 36, s. 87.
Section 232.4Verify source
§ 232.5Section 232.5Amendment

Source excerpt

The Minister may require changes, conditions, or a provisional financial guarantee before approving a rehabilitation and restoration plan, and must approve the plan after a favourable opinion from the Minister of Sustainable Development, Environment and Parks. Persons covered by section 232 must provide requested additional information, research findings, or studies within the time limit set by the Minister.

232.5. The Minister may, before approving a rehabilitation and restoration plan, require any amendment or subject his approval to other conditions and obligations that he determines. The Minister may require, for the approval of the plan, payment of a provisional financial guarantee, in accordance with the standards established by regulation. The Minister shall approve the plan after obtaining a favourable opinion from the Minister of Sustainable Development, Environment and Parks. Every person to whom section 232 applies must at the request of and within the time limit fixed by the Minister provide him with any additional information, research findings or study he considers he needs to grant his approval. 1991, c. 23, s. 6; 1994, c. 17, s. 75; 1999, c. 36, s. 158; 2006, c. 3, s. 35; 2013, c. 32, s. 90; 2024, c. 36, s. 88.
Section 232.5Verify source
§ 232.6Section 232.6Amendment

Source excerpt

A person whose plan has been approved must submit a revised plan to the Minister in specified situations, including every 5 years, when mining activity changes justify amendments, before intended amendments or non-compliant work, and when the Minister requests a revision.

232.6. Every person whose plan has been approved shall submit a revised plan to the Minister for approval (1) every 5 years, unless a shorter period is fixed by the Minister on approving the plan or revised plan; (2) whenever amendments to the plan are justified by changes in the mining activities; (3) whenever he intends to amend the plan; (3.1) before carrying out work that is not provided for in or does not comply with the approved plan; (4) whenever the Minister has seen fit to request a revision. Section 232.5, adapted as required, applies to a revised plan. In the case of an emergency, a person may carry out work not provided for in the plan and submit a revised plan within a reasonable time. 1991, c. 23, s. 6; 2024, c. 36, s. 89.
Section 232.6Verify source
§ 232.7Section 232.7Provision

Source excerpt

The Minister may adjust a guarantee amount and may require payment of the full guarantee in certain financial-risk situations. A person whose guarantee was increased must provide any additional guarantee within the time set by the Minister.

232.7. The Minister may increase the amount of the guarantee where he considers that it is no longer sufficient or reduce it to make it consistent with the foreseeable costs of carrying out the rehabilitation and restoration plan. Every person referred to in the first paragraph of section 232 whose amount of guarantee has been increased must furnish any additional guarantee required pursuant to the revision, within the time fixed by the Minister. The Minister may also require the payment of the total guarantee if, in the Minister’s opinion, the financial situation of the person described in the first paragraph of section 232 or a reduction in the anticipated duration of the person’s activities may prevent the payment of all or part of the guarantee. 1991, c. 23, s. 6; 2003, c. 15, s. 27; 2024, c. 36, s. 90.
Section 232.7Verify source
§ 232.7.1Section 232.7.1Provision

Source excerpt

Rehabilitation and restoration work must begin at the time set by the plan, or within the stated fallback time limits; the Minister may require an earlier start or allow extensions.

232.7.1. The rehabilitation and restoration work must begin, in respect of each of the activities covered by the plan, at the time specified by the plan or, failing that, (1) within three years after a cessation of the mining operations; or (2) on the cessation of activities in other cases. However, the Minister may require that the work begin earlier, or authorize one or more extensions of the time limit. The first extension shall not exceed three years and any additional extension shall not exceed one year. 2013, c. 32, s. 91; 2024, c. 36, s. 91.
Section 232.7.1Verify source
§ 232.8Section 232.8Provision

Source excerpt

If a person does not meet certain obligations, the Minister may order compliance within a set time.

232.8. If a person fails to perform any of his obligations under sections 232 and 232.1 to 232.7.1, the Minister may enjoin him to do so within the time he fixes. If the person concerned fails to comply with the Minister’s prescription within the time granted, the Minister may, at the person’s expense and in addition to any other civil, administrative or penal sanction, carry out any research or study, prepare the rehabilitation and restoration plan, or cause the work provided for by such a plan to be performed at the person’s expense. He may, in particular, recover the cost of the work out of the guarantee furnished. 1991, c. 23, s. 6; 2024, c. 36, s. 92.
Section 232.8Verify source
§ 232.9Section 232.9Provision

Source excerpt

A sum owing to the State under the listed sections creates a legal hypothec of the State on all of the debtor’s property.

232.9. Any sum owing to the State under sections 231, 232.0.1, 232.4, 232.5, 232.7, 232.8 and 232.10.3 gives rise to a legal hypothec of the State on all the property of the debtor. 1991, c. 23, s. 6; 1992, c. 57, s. 612; 1999, c. 40, s. 178; 2024, c. 36, s. 93.
Section 232.9Verify source
§ 232.10Section 232.10Provision

Source excerpt

The Minister must declare satisfaction with rehabilitation and restoration work if the stated conditions are met, and that declaration releases the person from most related obligations.

232.10. The Minister shall declare being satisfied with the rehabilitation and restoration work carried out by a person referred to in the first paragraph of section 232 where the work was, in the Minister’s opinion, carried out in accordance with the plan approved by him, where no sum of money is due to him because of the performance of the work, and where the Minister obtained a favourable opinion from the Minister of Sustainable Development, Environment and Parks. The declaration provided for in the first paragraph releases the person from the obligations set out in sections 232 to 232.7.1, except the monitoring and maintenance required to ensure follow-up to the rehabilitation and restoration work carried out. The follow-up to the rehabilitation and restoration work must be conducted during the period specified by the approved plan, which period shall not exceed 15 years from the date on which the Minister declares being satisfied, in accordance with the first paragraph. 1991, c. 23, s. 6; 2013, c. 32, s. 92; 2024, c. 36, s. 94.
Section 232.10Verify source
§ 232.10.1Section 232.10.1Provision

Source excerpt

The Minister may release a person from certain obligations if the Minister agrees to let a third person assume them, and must issue a certificate confirming the release.

232.10.1. The Minister may release a person from the obligations set out in sections 232 to 232.7.1 where the Minister agrees to let a third person assume the obligations. The Minister shall issue a certificate attesting that the person has been released from those obligations. 2024, c. 36, s. 94.
Section 232.10.1Verify source
§ 232.10.2Section 232.10.2Provision

Source excerpt

The Minister must return or reimburse parts of a financial guarantee to the specified person when the section 232.10 condition is met, and later return or reimburse the remainder when the follow-up obligation in the rehabilitation and restoration plan ends.

232.10.2. The Minister shall, at the time the Minister declares being satisfied under the first paragraph of section 232.10, return or reimburse to the person referred to in the first paragraph of section 232 the part of the financial guarantee relating to the anticipated costs for the rehabilitation and restoration work. The Minister shall return or reimburse the rest of the guarantee once the follow-up obligation set out in the plan in respect of the rehabilitation and restoration work ends. 2024, c. 36, s. 94.
Section 232.10.2Verify source
§ 232.10.3Section 232.10.3Provision

Source excerpt

The Minister may require the person covered by section 232(1) to pay prescribed financial compensation for follow-up rehabilitation and restoration work on State lands.

232.10.3. The Minister may require from the person referred to in the first paragraph of section 232 the payment of financial compensation as prescribed by regulation for the follow-up to the rehabilitation and restoration work that must be carried out on lands in the domain of the State at the end of the rehabilitation and restoration plan. The Minister may, in particular, make the remittance or reimbursement of part of the financial guarantee conditional on the payment of the compensation. 2024, c. 36, s. 94.
Section 232.10.3Verify source
§ 232.11Section 232.11Provision

Source excerpt

The Minister may require certain pre-1995 operators to submit a rehabilitation and restoration plan and carry out restoration work for land affected by tailings.

232.11. The Minister may, if applicable, with the consent of the person referred to in the second paragraph of section 7, enjoin a person who, before 9 March 1995, carried out work or operations referred to in subparagraph 1, 2 or 3 of the first paragraph of section 232 and who is not covered by that section, to submit, within the time indicated by the Minister, a rehabilitation and restoration plan for the land affected by tailings, in accordance with the requirements of section 232.3, to the extent that the tailings result from the person’s activities, and to perform the rehabilitation and restoration work required by the presence of the tailings. The Minister shall prescribe the nature of the work and the time within which it must be carried out, after consultation with the Minister of Sustainable Development, Environment and Parks. If the person concerned fails to comply with the prescriptions of the Minister within the time fixed, the Minister may cause the plan to be prepared or the work to be performed at that person’s expense. The second paragraph of section 232.5 and sections 232.9 and 232.10, adapted as required, apply for the purposes of this section. 1991, c. 23, s. 6; 1994, c. 17, s. 75; 1999, c. 36, s. 158; 2003, c. 15, s. 28; 2006, c. 3, s. 35; I.N. 2024-11-30.
Section 232.11Verify source
§ 232.12Section 232.12Provision

Source excerpt

This section says sections 232 to 232.11 do not affect or restrict the application of the Environment Quality Act.

232.12. Nothing in sections 232 to 232.11 shall affect or restrict the application of the Environment Quality Act (chapter Q-2). 1991, c. 23, s. 6; 2024, c. 36, s. 95.
Section 232.12Verify source
§ 233Section 233Provision

Source excerpt

233. No person may move, disturb or damage a facility erected under this division, unless he has the authorization in writing of the owner of the mine and of the Minister. 1987, c. 64, s. 233; 2013, c. 32, s. 93.

233. No person may move, disturb or damage a facility erected under this division, unless he has the authorization in writing of the owner of the mine and of the Minister. 1987, c. 64, s. 233; 2013, c. 32, s. 93.
Section 233Verify source
§ 233.1Section 233.1Provision

Source excerpt

A Minister-authorized person may enter covered places at any reasonable time, even after a mining right has expired.

233.1. A person specially or generally authorized by the Minister to carry out work related to protective measures or rehabilitation and restoration work may enter, at any reasonable time, any place where an activity governed by this Act or the regulations is carried on, even after the expiry of the mining right, where applicable. 2013, c. 32, s. 94; 2024, c. 36, s. 96.
Section 233.1Verify source
§ 234Section 234Provision

Source excerpt

The Minister may require reports, studies, or corrective measures about mining methods, and may suspend operations if the operator does not comply.

234. In order to ensure that every lessee or grantee recovers the economically workable mineral substance that is the subject of his mining activities in accordance with generally recognized best practices, the Minister may (1) require him to transmit a report justifying the mining method used; (2) carry out a study to evaluate the method used; (3) require him to take, within the time the Minister determines, any measures necessary to remedy any situation that would compromise the optimum recovery of the mineral substance. In the case of the study referred to in subparagraph 2, the Minister may, subject to the conditions he determines, give a mandate to a committee composed of three persons including two mining specialists who are not part of the public service, to conduct the study. The committee shall remit a report recommending, as the case may be, measures to remedy any situation that compromises the optimum recovery of the mineral substance. If the operator fails to comply with his requirements, the Minister may order the suspension of operations for the period he determines. 1987, c. 64, s. 234; 1988, c. 9, s. 44; 2024, c. 36, s. 98.
Section 234Verify source
§ 235Section 235Provision

Source excerpt

235. On lands granted, alienated or leased by the State for purposes other than mining purposes or on lands subject to an exclusive lease to mine surface mineral substances, the holder of a mining right or the owner of mineral substances

235. On lands granted, alienated or leased by the State for purposes other than mining purposes or on lands subject to an exclusive lease to mine surface mineral substances, the holder of a mining right or the owner of mineral substances must obtain a written authorization at least 30 days in advance in order to access the site or may acquire, by agreement, any real right or property allowing the holder to access the site or conduct exploration work or mining operations. If no agreement is reached to that end, the holder of a mining right or the owner of mineral substances may, for the purpose of conducting mining operations, acquire the property mentioned in the first paragraph by expropriation. Cemeteries governed by the Funeral Operations Act (chapter A-5.02) and Native cemeteries are exempt from expropriation. The holder of a mining right who intends to acquire a residential immovable, or an immovable used for agricultural purposes and situated on farm land within the meaning of the Act respecting the acquisition of farm land by non-residents (chapter A-4.1), must pay the costs of the professional services required to negotiate the agreement, up to a maximum amount representing 10% of the value of the immovable as entered on the property assessment roll. In no case may a residential immovable be moved or demolished before a mining lease is issued. 1987, c. 64, s. 235; 1999, c. 40, s. 178; 1998, c. 24, s. 106; 2013, c. 32, s. 95; 2016, c. 1, s. 133.
Section 235Verify source
§ 236Section 236Repeal

Source excerpt

Section 236 is repealed.

236. (Repealed). 1987, c. 64, s. 236; 1999, c. 40, s. 178; 1998, c. 24, s. 107; 2013, c. 32, s. 96.
Section 236Verify source
§ 237Section 237Repeal

Source excerpt

Section 237 is repealed.

237. (Repealed). 1987, c. 64, s. 237; 2013, c. 32, s. 96.
Section 237Verify source
§ 238Section 238Repeal

Source excerpt

Section 238 is repealed.

238. (Repealed). 1987, c. 64, s. 238; 2013, c. 32, s. 96.
Section 238Verify source
§ 239Section 239Provision

Source excerpt

The holder of mining rights or the owner of mineral substances may seek a transfer or lease of public lands, subject to the Act respecting the lands in the domain of the State.

239. The holder of mining rights or the owner of mineral substances may, in accordance with the Act respecting the lands in the domain of the State (chapter T-8.1), obtain that public lands be transferred or leased to him to establish a storage site for tailings, or a site for mills, shops or facilities necessary for mining activities. 1987, c. 64, s. 239; 1988, c. 9, s. 45; 1999, c. 40, s. 178.
Section 239Verify source
§ 240Section 240Provision

Source excerpt

Before starting operations, a person intending to run a mill, concentration plant, refinery, or smelter must have the site approved by the Minister.

240. Any person who intends to operate a mill for the preparation of mineral substances, a concentration plant, a refinery or a smelter shall, before commencing operations, have the site approved by the Minister. 1987, c. 64, s. 240; 1998, c. 24, s. 108; 2017, c. 4, s. 250; 2024, c. 36, s. 100.
Section 240Verify source
§ 241Section 241Provision

Source excerpt

Before starting activities, certain plant, refinery, smelter, mining-right, mineral-owner, or operator actors must have the relevant tailings storage site approved by the Minister.

241. Every person responsible for the management of a concentration plant, refinery or smelter shall, before commencing activities, have the site intended as a storage yard for tailings approved by the Minister. The same applies to every holder of a mining right, owner of mineral substances or operator who intends to establish a mine tailings site. He shall, for that purpose, transmit the documents prescribed by regulation to the Minister. 1987, c. 64, s. 241; 1998, c. 24, s. 109.
Section 241Verify source
§ 242Section 242Provision

Source excerpt

The Minister may build, improve, or maintain mining roads, with Government authorization, and may allocate the work or require certain requesters to pay costs.

242. The Minister, with the authorization of the Government, may construct, improve or maintain any mining road to facilitate the carrying on of any mining activity. The Minister may cause the work to be done or have the owners of mineral substances or holders of mining rights at whose request the work is done pay all or part of the costs. On lands of the domain of the State, the work shall be done without compensation, in particular, to holders of mining rights. On lands of the private domain, the work shall be done only after the property necessary to carry out the proposed works has been acquired by agreement or expropriation. 1987, c. 64, s. 242; 1988, c. 9, s. 46; 1999, c. 40, s. 178; 2024, c. 36, s. 101.
Section 242Verify source
§ 243Section 243Provision

Source excerpt

243. Roads, bridges or other structures are mining roads from the time they are laid out until they are closed. 1987, c. 64, s. 243; 1999, c. 40, s. 178.

243. Roads, bridges or other structures are mining roads from the time they are laid out until they are closed. 1987, c. 64, s. 243; 1999, c. 40, s. 178.
Section 243Verify source
§ 244Section 244Provision

Source excerpt

The Minister must inform the holder of a forestry right when a planned mining road route is partly or wholly in the territory subject to that right.

244. The Minister must inform the holder of a forestry right provided for in the Sustainable Forest Development Act (chapter A-18.1) if all or part of the route of a mining road that the Minister plans to build is situated in the territory subject to the right. 1987, c. 64, s. 244; 1990, c. 64, s. 32; 1994, c. 13, s. 15, s. 16; 1999, c. 40, s. 178; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2010, c. 3, s. 303; 2024, c. 36, s. 102.
Section 244Verify source
§ 245Section 245Provision

Source excerpt

The Minister may take certain materials and cut trees near mining roads without compensation, but private-domain land requires acquisition of the land or a temporary right of way first, and state-domain timber cutting requires the required forestry authorizations.

245. The Minister may, without being required to pay compensation, in particular to the holder of mining rights, take from the right of way of mining roads and their vicinity the timber, earth, stone, gravel, sand and clay necessary for the construction, alteration or maintenance thereof and cut down all the trees within a distance of 10 metres on either side of the right of way. On lands of the private domain, the Minister shall not take the materials referred to in the first paragraph except after acquiring, by agreement or expropriation, the land containing them or a temporary right of way on any land between the mining road and a watercourse or between the mining road and the place from which the materials are taken. On lands of the domain of the State, the Minister of Transport shall not cut timber without first obtaining the authorizations required under the Sustainable Forest Development Act (chapter A-18.1). 1987, c. 64, s. 245; 1990, c. 64, s. 24; 1994, c. 13, s. 16; 1999, c. 40, s. 178; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2024, c. 36, s. 103.
Section 245Verify source
§ 246Section 246Provision

Source excerpt

The Government may, by regulation, apply Highway Safety Code provisions about highway traffic and safety to a mining road.

246. The Government may, by regulation, make the provisions of the Highway Safety Code (chapter C-24.2) that relate to highway traffic and safety applicable to a mining road. 1987, c. 64, s. 246; 1986, c. 91, s. 655; 2013, c. 32, s. 97; 2024, c. 36, s. 104.
Section 246Verify source
§ 247Section 247Provision

Source excerpt

The Minister may, with Government authorization, close or reroute all or part of a mining road, declare it is no longer a mining road, and transfer a closed, rerouted, or declassified road.

247. The Minister may, with the authorization of the Government, close or change the location of all or part of a mining road. He may also, with the authorization of the Government, declare that a mining road is no longer a mining road. A road that is closed, whose location has been changed or that has been declassified may be transferred by the Minister in the manner he deems appropriate. 1987, c. 64, s. 247; 1992, c. 54, s. 69; 2024, c. 36, s. 105.
Section 247Verify source
§ 247.1Section 247.1Repeal

Source excerpt

Section 247.1 is repealed.

247.1. (Repealed). 2004, c. 20, s. 192; 2010, c. 3, s. 304.
Section 247.1Verify source
§ 248Section 248Repeal

Source excerpt

Section 248 is repealed.

248. (Repealed). 1987, c. 64, s. 248; 1994, c. 13, s. 15; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2024, c. 36, s. 106.
Section 248Verify source
§ 249Section 249Repeal

Source excerpt

Section 249 is repealed.

249. (Repealed). 1987, c. 64, s. 249; 1986, c. 91, s. 655; 2024, c. 36, s. 106.
Section 249Verify source
§ 250Section 250Provision

Source excerpt

A user of a mining road may not sue for damages based on faulty construction, improvement, or maintenance of the road.

250. No user of a mining road may bring an action for damages on the ground of faulty construction, improvement or maintenance of the road. 1987, c. 64, s. 250; 2024, c. 36, s. 107.
Section 250Verify source
§ 251Section 251Offence

Source excerpt

251. The Minister may generally or specially authorize any person to act as an inspector to see to the enforcement of this Act and the regulations. An inspector may have access to and inspect any place where an activity governed by this

251. The Minister may generally or specially authorize any person to act as an inspector to see to the enforcement of this Act and the regulations. An inspector may have access to and inspect any place where an activity governed by this Act or the regulations is carried on. The inspector may, in such cases and by any reasonable, appropriate means, (1) record the state of a place or of property situated there; (2) collect samples, conduct tests and perform analyses; (3) carry out any necessary excavation or drilling to assess the state of the premises; (4) install any measuring apparatus necessary for taking measurements on the premises and subsequently remove the apparatus; (5) take measurements, including continuous measurements, using an apparatus the inspector installs or that is already on the premises, for any reasonable period of time he determines; (6) access a facility, including a secure facility, that is on the premises; (7) set in action or use an apparatus or equipment to ensure that the inspection is properly conducted or require the apparatus or equipment to be set in action or used within the time and according to the conditions he specifies; (8) require any information relating to the application of this Act and the regulations and the communication of any related documents for examination, recording and reproduction; (9) use any computer, equipment or other thing that is on the premises to access data relating to the application of this Act and the regulations that is contained in an electronic device, computer system or other medium or to inspect, examine, process or reproduce such data; and (10) be accompanied by any person whose presence is considered necessary for the purposes of the inspection, who may then exercise the powers set out in subparagraphs 1 to 9. The inspector may also immediately seize any thing if he has reasonable grounds to believe that the thing constitutes proof of an offence under this Act. The rules established by the Code of Penal Procedure (chapter C-25.1) apply, with the necessary modifications, to things seized by the inspector under the second paragraph, except in respect of section 129 for the custody of the thing seized. In such a case, the inspector has custody of the thing seized even when it is submitted in evidence and until a judge declares it forfeited or orders it returned to its owner, unless the judge decides otherwise. However, the Minister may authorize an inspector to entrust the offender with custody of the thing seized, and the offender must accept custody of it until a judge declares it forfeited or orders it returned to its owner. The holder of a mining right or the owner, lessee or custodian of a place being inspected and any person found there must lend assistance to the inspector in performing his duties. The obligation set out in the fifth paragraph also applies to persons accompanying the inspector. 1987, c. 64, s. 251; 2005, c. 45, s. 5; 2024, c. 36, s. 108.
Section 251Verify source
§ 251.1Section 251.1Provision

Source excerpt

An inspector may require a person to provide documents or information about the Act and regulations, using a method that proves receipt at a specific time.

251.1. An inspector may require, by any means that allows proof of receipt at a specific time, that a person communicate to the inspector any document or information relating to the application of this Act and the regulations, within the time and according to the conditions the inspector specifies. 2024, c. 36, s. 108.
Section 251.1Verify source
§ 251.2Section 251.2Provision

Source excerpt

An inspector may suspend mining work on surface mineral substances if there are reasonable grounds to believe the Act or regulations are being breached.

251.2. An inspector may order the suspension of any mining operation work being performed on surface mineral substances if he has reasonable grounds to believe that this Act or the regulations are being contravened. In such a case, the inspector shall notify, as soon as possible, his decision in writing, with reasons, to the person who is the subject of the suspension, specifying the measures to be taken to remedy the situation. The inspector shall authorize resumption of the work when he considers that the situation has been remedied. A person who is the subject of a suspension may, within 10 days after notification of the inspector’s decision, apply for a review of the suspension by the Minister. 2024, c. 36, s. 108.
Section 251.2Verify source
§ 252Section 252Repeal

Source excerpt

Section 252 is repealed.

252. (Repealed). 1987, c. 64, s. 252; 2024, c. 36, s. 109.
Section 252Verify source
§ 253Section 253Provision

Source excerpt

On request, the inspector must identify himself and produce a certificate of his capacity signed by the Minister.

253. The inspector shall, on request, identify himself and produce the certificate of his capacity signed by the Minister. 1987, c. 64, s. 253.
Section 253Verify source
§ 254Section 254Repeal

Source excerpt

Section 254 is repealed.

254. (Repealed). 1987, c. 64, s. 254; 2016, c. 35, s. 23.
Section 254Verify source
§ 255Section 255Provision

Source excerpt

Legal proceedings may not be taken against the inspector or a person accompanying the inspector for acts done in good faith in the course of duties.

255. In no case may legal proceedings be taken against the inspector or a person accompanying the inspector for acts performed in good faith in the course of his duties. 1987, c. 64, s. 255; 2024, c. 36, s. 110.
Section 255Verify source
§ 256Section 256Provision

Source excerpt

The Minister, or a person the Minister designates as an investigator, may inquire into any fact within the scope of the Act or its regulations.

256. The Minister or any person he designates as investigator may inquire into any fact within the scope of this Act or the regulations. 1987, c. 64, s. 256.
Section 256Verify source
§ 257Section 257Provision

Source excerpt

For an inquiry, the Minister and the investigator have the powers and immunity of commissioners under the public inquiry commissions Act, except they cannot order imprisonment.

257. The Minister and the investigator, for the conduct of an inquiry, are vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the right to order imprisonment. 1987, c. 64, s. 257.
Section 257Verify source
§ 258Section 258Provision

Source excerpt

On request, the investigator must identify himself and show a certificate of capacity signed by the Minister.

258. The investigator shall, on request, identify himself and produce a certificate of his capacity signed by the Minister. 1987, c. 64, s. 258.
Section 258Verify source
§ 259Section 259Provision

Source excerpt

If an investigation is done to verify a fact relevant to a Minister’s decision affecting certain mining-related applicants or holders, the investigator must give the interested person a copy of the report at the same time it is sent to the Minister.

259. Where an investigation is conducted to verify a fact that will permit the Minister to make a decision affecting the rights of a person applying for the registration of an exclusive exploration right or a holder of a mining right, the investigator shall transmit to the interested person a copy of the report containing his findings at the same time as he forwards it to the Minister. 1987, c. 64, s. 259; 1988, c. 9, s. 47; 2024, c. 36, s. 140.
Section 259Verify source
§ 260Section 260Provision

Source excerpt

The Minister may authorize any person to act as a penal investigator for enforcing this Act and the regulations.

260. The Minister may generally or specially authorize any person to act as a penal investigator for the enforcement of this Act and the regulations. 1987, c. 64, s. 260; 1998, c. 24, s. 110; 2024, c. 36, s. 111.
Section 260Verify source
§ 260.1Section 260.1Provision

Source excerpt

Legal proceedings may not be taken against the penal investigator for acts done in good faith in the course of his duties.

260.1. In no case may legal proceedings be taken against the penal investigator for acts performed in good faith in the course of his duties. 2024, c. 36, s. 111.
Section 260.1Verify source
§ 261Section 261Provision

Source excerpt

The Government may revoke certain mining rights on the Minister’s recommendation, without compensation, if there has been no exploration work or mining operations for 10 years, unless the grantee or owner proves the deposit is needed to continue a mining undertaking in Québec.

261. The Government may, on the Minister’s recommendation, revoke, without compensation, the mining rights in the mining concessions referred to in section 4 or in the lands granted pursuant to the same section where there have been no exploration work or mining operations for 10 years unless the grantee or the owner proves to it that the deposit subject to the rights constitutes a reserve necessary for the continuation of a mining undertaking operated by him in Québec. 1987, c. 64, s. 261; 2013, c. 32, s. 98; 2024, c. 36, s. 112.
Section 261Verify source
§ 262Section 262Provision

Source excerpt

The Minister must notify the grantee or owner of an intention to recommend revocation of rights under section 261.

262. The Minister shall notify to the grantee or owner the Minister’s intention to recommend to the Government the revocation of rights under section 261. 1987, c. 64, s. 262; 1998, c. 24, s. 111; I.N. 2016-01-01 (NCCP); 2024, c. 36, s. 113.
Section 262Verify source
§ 263Section 263Provision

Source excerpt

Revocation cannot be declared until 90 days after the Minister’s notification under section 262.

263. Revocation cannot be declared until 90 days from the notification by the Minister in accordance with section 262. 1987, c. 64, s. 263; 2024, c. 36, s. 114.
Section 263Verify source
§ 264Section 264Provision

Source excerpt

Notice of the revocation must be published in the Gazette officielle du Québec.

264. Notice of the revocation shall be published in the Gazette officielle du Québec; revocation takes effect on the date of the publication. 1987, c. 64, s. 264.
Section 264Verify source
§ 265Section 265Provision

Source excerpt

The revocation does not apply to rights in substances described in section 5.

265. The revocation does not apply to rights in substances described in section 5. 1987, c. 64, s. 265.
Section 265Verify source
§ 266Section 266Provision

Source excerpt

Revoking mining rights in a mining concession does not affect other ownership rights transferred to a third person under a deed of alienation referred to in section 361.

266. The revocation of mining rights in a mining concession does not affect any other right of ownership transferred to a third person under a deed of alienation referred to in section 361. 1987, c. 64, s. 266; 1998, c. 24, s. 112.
Section 266Verify source
§ 267Section 267Provision

Source excerpt

After mining rights are revoked under section 261, most people may apply for an exclusive exploration right by map designation within 30 days; the revoked rights holder may also apply later for a related registration.

267. Any person except the grantee or owner whose rights have been revoked may, within 30 days from the date on which the revocation of mining rights under section 261 takes effect, apply for the registration of an exclusive exploration right by map designation in respect of all or part of the land that was subject to the revoked rights. Thereafter, a person whose rights have been revoked may also apply for the registration of a right referred to in the first paragraph in relation to all or part of the parcel of land subject to the revoked rights. 1987, c. 64, s. 267; 1998, c. 24, s. 113; 2016, c. 35, s. 23; 2024, c. 36, s. 140.
Section 267Verify source
§ 268Section 268Repeal

Source excerpt

Section 268 is repealed.

268. (Repealed). 1987, c. 64, s. 268; 1998, c. 24, s. 114; 2011, c. 6, s. 290; 2013, c. 32, s. 99.
Section 268Verify source
§ 269Section 269Repeal

Source excerpt

Section 269 is repealed.

269. (Repealed). 1987, c. 64, s. 269; 2013, c. 32, s. 99.
Section 269Verify source
§ 270Section 270Repeal

Source excerpt

Section 270 is repealed.

270. (Repealed). 1987, c. 64, s. 270; 2013, c. 32, s. 99.
Section 270Verify source
§ 271Section 271Repeal

Source excerpt

Section 271 is repealed.

271. (Repealed). 1987, c. 64, s. 271; 2013, c. 32, s. 99.
Section 271Verify source
§ 272Section 272Repeal

Source excerpt

Section 272 is repealed.

272. (Repealed). 1987, c. 64, s. 272; 2013, c. 32, s. 99.
Section 272Verify source
§ 273Section 273Repeal

Source excerpt

Section 273 is repealed.

273. (Repealed). 1987, c. 64, s. 273; 1988, c. 9, s. 48; 2016, c. 35, s. 23.
Section 273Verify source
§ 274Section 274Repeal

Source excerpt

Section 274 is repealed.

274. (Repealed). 1987, c. 64, s. 274; 2016, c. 35, s. 23.
Section 274Verify source
§ 275Section 275Repeal

Source excerpt

Section 275 is repealed.

275. (Repealed). 1987, c. 64, s. 275; 2016, c. 35, s. 23.
Section 275Verify source
§ 276Section 276Repeal

Source excerpt

Section 276 is repealed.

276. (Repealed). 1987, c. 64, s. 276; 2016, c. 35, s. 23.
Section 276Verify source
§ 277Section 277Repeal

Source excerpt

Section 277 is repealed.

277. (Repealed). 1987, c. 64, s. 277; 2016, c. 35, s. 23.
Section 277Verify source
§ 278Section 278Provision

Source excerpt

The Minister may suspend or revoke a mining right if the holder does not comply with applicable conditions, obligations, or restrictions, or does not pay annual duties, royalties, or rental on time.

278. The Minister may suspend or revoke any mining right where a holder (1) does not comply with the conditions, obligations or restrictions applicable to the exercise of the mining right; (2) has not paid the annual duties, the royalties or the rental on the due date. 1987, c. 64, s. 278.
Section 278Verify source
§ 279Section 279Repeal

Source excerpt

Section 279 is repealed.

279. (Repealed). 1987, c. 64, s. 279; 1998, c. 24, s. 115; 2016, c. 35, s. 23.
Section 279Verify source
§ 280Section 280Repeal

Source excerpt

Section 280 is repealed.

280. (Repealed). 1987, c. 64, s. 280; 1997, c. 43, s. 355; 1998, c. 24, s. 116; 2021, c. 35, s. 63.
Section 280Verify source
§ 281Section 281Repeal

Source excerpt

The Minister may revoke certain mining interests in specified cases, including renewal-related refusal of work, mistake, fraud or misrepresentation, non-compliance with requirements or tax law, and recent convictions for offences under sections 316 to 318.

281. The Minister may revoke (1) an exclusive exploration right within three months following its renewal where he refuses the work under section 74, except in a case contemplated in paragraph 4 of that section; (2) (paragraph repealed); (2.1) at any time, a mining right obtained or renewed by mistake; (3) at any time, a mining right obtained or renewed through fraud or misrepresentation unless the right has been registered for not less than one year in the register contemplated in section 13 in the name of a subsequent purchaser in good faith; (4) (paragraph repealed); (5) a mining lease or mining concession if the lessee or grantee does not comply with the requirements established by the Government under section 101.0.2 or 119 or does not comply with the Mining Tax Act (chapter I-0.4); (6) a mining right if the holder of the right has, in the preceding five years, been found guilty of an offence referred to in any of sections 316 to 318. 1987, c. 64, s. 281; 1990, c. 36, s. 15; 1998, c. 24, s. 117; 2013, c. 32, s. 100; 2016, c. 35, s. 23; 2021, c. 35, s. 64; 2024, c. 36, s. 140.
Section 281Verify source
§ 282Section 282Provision

Source excerpt

On request by the Minister, certain mining-right holders and concession grantees must send a copy of specified plans, records, and reports.

282. The holder of a mining right who is carrying on underground exploration work, the holder of any operating lease and the grantee of a mining concession whose rights have been revoked shall forward to the Minister, at his request, a copy of the plans, records and report mentioned in section 226. 1987, c. 64, s. 282.
Section 282Verify source
§ 283Section 283Repeal

Source excerpt

Section 283 is repealed.

283. (Repealed). 1987, c. 64, s. 283; 1998, c. 24, s. 118.
Section 283Verify source
§ 284Section 284Provision

Source excerpt

Before suspending or revoking a mining right, the Minister must give the holder written notice, send a copy to the registrar, and allow at least 15 days for observations.

284. The Minister shall, before suspending or revoking a mining right, notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3), send a copy of the notice to the registrar, and allow the holder at least 15 days to present observations. The mailing of the notice of revocation shall interrupt the time limits provided for in section 281. 1987, c. 64, s. 284; 1997, c. 43, s. 357; 1998, c. 24, s. 119; 2021, c. 35, s. 65.
Section 284Verify source
§ 285Section 285Repeal

Source excerpt

Section 285 is repealed.

285. (Repealed). 1987, c. 64, s. 285; 1997, c. 43, s. 358; 1998, c. 24, s. 120; I.N. 2016-01-01 (NCCP); 2021, c. 35, s. 66.
Section 285Verify source
§ 286Section 286Provision

Source excerpt

286. The suspension or revocation of a mining right takes effect on the date the decision becomes enforceable. 1987, c. 64, s. 286; 2013, c. 32, s. 101.

286. The suspension or revocation of a mining right takes effect on the date the decision becomes enforceable. 1987, c. 64, s. 286; 2013, c. 32, s. 101.
Section 286Verify source
§ 287Section 287Provision

Source excerpt

287. The revocation of mining rights in a mining concession does not affect any other right of ownership transferred to a third person under a deed of alienation referred to in section 361. 1987, c. 64, s. 287; 1998, c. 24, s. 121.

287. The revocation of mining rights in a mining concession does not affect any other right of ownership transferred to a third person under a deed of alienation referred to in section 361. 1987, c. 64, s. 287; 1998, c. 24, s. 121.
Section 287Verify source
§ 288Section 288Provision

Source excerpt

288. No person may designate on a map an exclusive exploration right or apply for a lease to mine surface mineral substances on all or part of a parcel of land that was subject to a mining lease, mining concession or lease to mine surface

288. No person may designate on a map an exclusive exploration right or apply for a lease to mine surface mineral substances on all or part of a parcel of land that was subject to a mining lease, mining concession or lease to mine surface mineral substances that was revoked before 9:00 a.m. on the 31st day after the revocation of such a right became enforceable. However, the holder of the revoked mining right shall not designate on a map an exclusive exploration right or apply for a lease to mine surface mineral substances on all or part of the parcel of land that was subject to the revoked mining right before an additional 30-day period. If the interested person discontinues his contestation of the decision revoking his right, the prescribed time runs from the date of filing of a notice of discontinuance in the office of the Court of Québec. 1987, c. 64, s. 288; 1988, c. 21, s. 66; 1998, c. 24, s. 122; 2013, c. 32, s. 102; 2020, c. 12, s. 144; 2024, c. 36, s. 115.
Section 288Verify source
§ 289Section 289Repeal

Source excerpt

This section is repealed.

289. (Repealed). 1987, c. 64, s. 289; 1988, c. 21, s. 66; 1998, c. 24, s. 123; 2013, c. 16, s. 18.
Section 289Verify source
§ 290Section 290Provision

Source excerpt

The Minister must refer disputes about State-held mining rights to the Court of Québec.

290. The Minister shall refer any dispute concerning a mining right held by the State to the Court of Québec. Sections 299 to 303, adapted as required, apply to any case so referred. A copy of the decision of the Court of Québec shall be transmitted to the Minister. 1987, c. 64, s. 290; 1988, c. 21, s. 66; 1999, c. 40, s. 178.
Section 290Verify source
§ 291Section 291Provision

Source excerpt

Certain decisions must be put in writing, state the reasons, and be notified within 15 days.

291. Every decision rendered under section 42.4, 53, 58, 58.1, 61, 63, 69.1, 74, 82, 101.0.1, 101.1, 104 or 121.1, the second paragraph of section 141, section 142.0.1, 142.0.2, 147, 148, 215.1 or 231, the third paragraph of section 232.5, subparagraph 4 of the first paragraph of section 232.6, the first paragraph of section 232.7, 232.8, 232.10.3 or 232.11, section 234 or 234.1, the fourth paragraph of section 251.2, or section 278 or 281 must be in writing and give the reasons on which it is based. It shall be notified within 15 days to the person concerned and, in the case of a decision rendered under section 42.4, to every holder of a mining right that may be affected by the decision. 1987, c. 64, s. 291; 1988, c. 9, s. 49; 1991, c. 23, s. 7; 1998, c. 24, s. 124; 2003, c. 15, s. 29; 2013, c. 32, s. 103; I.N. 2016-01-01 (NCCP); 2016, c. 35, s. 23; 2021, c. 35, s. 67; 2022, c. 8, s. 45; 2024, c. 36, s. 116.
Section 291Verify source
§ 292Section 292Provision

Source excerpt

Before deciding under section 291, the Minister must send a copy of the case record to any interested person who asks for it.

292. Before rendering a decision under section 291, the Minister shall transmit a copy of the record pertaining to the case to every interested person who applies therefor. 1987, c. 64, s. 292.
Section 292Verify source
§ 293Section 293Provision

Source excerpt

The Minister must give creditors who have registered a specified instrument 30 days’ notice before deciding not to renew or to revoke a mining right.

293. The Minister shall also forward a 30 days’ notice of his intention not to renew or to revoke a mining right to the creditors having registered an instrument contemplated in paragraph 3 of section 13. Where the mining right expires during the period of 30 days, the notice shall have the effect of postponing the expiry of the mining right by suspending its term for the time that remains to run by virtue of the notice. 1987, c. 64, s. 293; 2000, c. 42, s. 188; 2013, c. 32, s. 104.
Section 293Verify source
§ 294Section 294Provision

Source excerpt

A refusal of renewal, suspension, or revocation of a mining right pauses the mining right’s term until the decision is enforceable.

294. A decision to refuse the renewal, to suspend or to revoke a mining right suspends the term of the mining right until the decision becomes enforceable. 1987, c. 64, s. 294; 2013, c. 32, s. 105.
Section 294Verify source
§ 295Section 295Provision

Source excerpt

Certain parties may contest specified decisions before the Court of Québec.

295. Any party to a decision under section 291 may contest it before to the Court of Québec. Any holder of a mining right affected by a decision rendered pursuant to section 42.4 may also contest it before to the Court of Québec. 1987, c. 64, s. 295; 1988, c. 21, s. 66; 1998, c. 24, s. 126; 2020, c. 12, s. 150.
Section 295Verify source
§ 296Section 296Provision

Source excerpt

A contestation suspends execution of the decision unless the court decides otherwise.

296. The contestation suspends the execution of the decision unless the court decides otherwise. 1987, c. 64, s. 296; 2020, c. 12, s. 144.
Section 296Verify source
§ 297Section 297Provision

Source excerpt

A contestation must be made by an application served on the Minister.

297. The contestation is made by an application served on the Minister. 1987, c. 64, s. 297; I.N. 2016-01-01 (NCCP); 2020, c. 12, s. 133.
Section 297Verify source
§ 298Section 298Provision

Source excerpt

The contesting party must file the application in the Court of Québec office for the relevant district within 30 days after receiving the decision.

298. The contesting party shall file the application in the office of the Court of Québec of the judicial district of his domicile or principal establishment or of the district where the facts which gave rise to the decision occurred, within 30 days after receipt of the decision by the contesting party. 1987, c. 64, s. 298; 1988, c. 21, s. 66; I.N. 2016-01-01 (NCCP); 2020, c. 12, s. 147.
Section 298Verify source
§ 299Section 299Provision

Source excerpt

When the application is served, the Minister must send the record for the contested decision to the Court of Québec.

299. Upon service of the application, the Minister shall transmit the record prepared for the purpose of rendering the decision being contested to the Court of Québec. 1987, c. 64, s. 299; 1988, c. 21, s. 66; I.N. 2016-01-01 (NCCP); 2020, c. 12, s. 151; 2024, c. 36, s. 117.
Section 299Verify source

Legislative relationships

5 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 142, 142.0.2, 145, 145.1, 232.12

G–M

2 instruments

  • Highway Safety Code

    Section 246

  • Municipal Powers Act

    Sections 155, 155.1

N–S

1 instrument

  • Sustainable Forest Development Act

    Sections 213, 213.1

T–Z

1 instrument

  • Title II of Book VII of the Code

    Section 151.1

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Statute information is organised from identified legislative sources for professional research. Corrections can be reported to hello@esheria.ai.