306. The Government may, by regulation,
(1) prescribe the amount of the fee for the registration of any transfer of mining rights or any other act referred to in section 13 and of the fee for the issuance of certificates of entry in the public register of real and immovable mining rights;
(1.1) determine the conditions for applying for the granting of a mining right or for holding such a right under section 18.1;
(2) prescribe the requirements for obtaining a mining right and any fee or rental payable;
(2.1) (paragraph repealed);
(3) determine the conditions for renewing or extending a mining right and, if applicable, the fee or rental payable;
(4) (paragraph repealed);
(5) prescribe the conditions of exercise of a mining right;
(6) (paragraph repealed);
(7) (paragraph repealed);
(8) determine the documents and information that must accompany notices of map designation, applications for amalgamation and applications for replacement of exclusive exploration rights, and prescribe the applicable fees, and for the purpose of prescribing the fee that must accompany a map designation notice, define “person” for the purposes of the first paragraph of section 307;
(8.1) prescribe the fee payable by an applicant for a mining right in the case of a referral to the Minister under section 53;
(8.2) prescribe the conditions for issuing an authorization to erect or maintain a temporary construction or facility referred to in section 66;
(8.3) determine, for the purposes of section 69, what constitutes impact-causing exploration work and exempt work, in certain cases and on certain conditions, from the obligation to obtain an authorization;
(8.4) set, for the purposes of sections 69 and 69.2, the conditions for the issue and renewal of the authorization for impact-causing exploration work and the fees payable;
(9) define the improvements and the strips of land adjacent to them referred to in sections 70 and 144;
(10) specify the nature of any work required under this Act, its minimum cost and related expenses, the form and content of any report relating to it and the documents that must accompany the report;
(10.0.1) prescribe the method for indexing the minimum cost of work;
(10.1) prescribe, for the purposes of section 72, the amounts spent that are accepted in the minimum cost of work as well as the period for which they are accepted;
(10.2) determine the cases in which and conditions on which the Minister may group together exclusive exploration rights under section 83.16 and the terms and conditions in respect of the period of validity and renewal of the grouped exclusive exploration rights;
(11) fix the additional amount referred to in subparagraph 1 of the second paragraph of sections 104 and 148;
(12) (paragraph repealed);
(12.1) define the prospecting work that may be applied, in a report, to the first term of an exclusive exploration right or the first term following conversion of an exclusive exploration right, in accordance with section 81;
(12.1.1) prescribe the fee payable by the holder of a mining right who submits an application to abandon the right in accordance with the first paragraph of section 83 or sections 122 and 156;
(12.2) determine the information that must be contained in an application for the conversion of mining rights referred to in subdivision 5 of Division III of Chapter III and specify, in the case of an application for conversion, the documents that must be submitted with it;
(12.3) prescribe, for the purposes of applications for conversion, or for amalgamation or replacement of exclusive exploration rights, the manner of calculating the average unexpired portion of the terms of all the exclusive exploration rights to be converted, amalgamated or replaced in order to determine the date of expiry of the converted, amalgamated or replaced exclusive exploration rights;
(12.4) prescribe, for the purposes of applications for conversion, or for amalgamation or replacement of exclusive exploration rights, the manner in which and the conditions according to which the excess amounts disbursed for work performed on all the parcels of land subject to the exclusive exploration rights to be converted, amalgamated or replaced are to be distributed;
(12.5) prescribe, for the purposes of applications for conversion, or for amalgamation or replacement of exclusive exploration rights, the manner of determining the number of terms of the converted, amalgamated or replaced exclusive exploration rights in order to establish the minimum cost of the work to be performed for further renewals of exclusive exploration rights after the first renewal following conversion, amalgamation or replacement;
(12.6) determine the cases in which and the conditions according to which a mining right may be converted into map designated exclusive exploration rights and exclusive exploration rights may be amalgamated or replaced pursuant to subdivisions 5, 7 and 8 of Division III of Chapter III, and the effects of such conversion, amalgamation or replacement on rights granted to third persons and evidenced in an instrument relating to the converted, amalgamated or replaced mining right recorded in the public register of real and immovable mining rights;
(12.7) determine, for the purposes of sections 98, 101, 104 and 118.1, the standards applicable to the preparation of a scoping and market study as well as the substances for which such a study must be prepared;
(12.8) determine, for the purposes of section 101, the standards applicable to a project feasibility study;
(12.9) (paragraph repealed);
(12.10) determine the qualification requirements concerning the engineer or geologist certifying the report required pursuant to section 101;
(12.11) determine the mandate and the operating rules of the monitoring committee established under section 101.0.3;
(12.12) (paragraph replaced);
(13) fix the amount of the fees to be paid by the lessee who applies for an increase in the area of the territory subject to the lease in accordance with section 104.1;
(13.0.1) prescribe the amount of the annual duties payable by a grantee;
(13.0.2) determine the information and fee that must accompany the mining concession conversion application provided for in section 118.2;
(13.0.3) determine the manner in which information, including information concerning the processing in Québec of the mineral substances extracted and their shipping outside Québec, must be presented in the report provided for in the first paragraph of section 120 or the third paragraph of section 224, and determine the other information that must be indicated in the report;
(13.1) fix the amount of the duties to be paid by a person authorized to extract a fixed quantity of surface mineral substances pursuant to the second paragraph of section 140, and the amount of the duties to be paid by the holder of an exclusive lease to mine surface mineral substances who applies under section 146 for an increase in the area of the territory subject to the lease;
(14) fix the amount of the royalty payable under the second paragraph of section 140 or the first paragraph of section 155;
(14.1) determine the manner in which the public consultation required under section 140.1 is to be held;
(14.1.1) prescribe the minimum quantity of mineral substances to be extracted for renewal of an exclusive lease in accordance with section 148;
(14.1.2) determine the applicable elements, scales and methods for establishing the amount of the financial contribution to be paid under section 155.1;
(14.2) prescribe the payment of an additional amount, that it fixes, to be added to royalties, payable by the holder of a lease to mine surface mineral substances or by an operator or a person referred to in section 223.1, in particular for a failure to forward to the Minister the report referred to in section 155 within the specified time, or for any other failure to fulfil the requirements of that section that it determines;
(15) (paragraph repealed);
(15.1) (paragraph repealed);
(16) (paragraph repealed);
(17) (paragraph repealed);
(18) (paragraph repealed);
(19) (paragraph repealed);
(20) (paragraph repealed);
(21) (paragraph repealed);
(21.1) fix the amount of duties payable for taking part in a drawing of lots under section 207, and prescribe the conditions to be complied with by a person who intends to take part in the drawing of lots;
(21.2) determine the terms and conditions applicable to the designation of a representative under section 207.1;
(22) prescribe the surveying standards a surveyor must comply with under the second paragraph of section 210;
(23) prescribe norms governing written notices under section 224;
(23.1) determine, for the purposes of section 224, the cases or the mining exploration or mining operation work for which a notice must be transmitted to the Minister;
(24) prescribe the plans and records to be kept up to date in accordance with section 225 and the plans to be transmitted to the Minister in accordance with section 223 as well as the time limits for transmitting those plans to the Minister whenever amendments to the plans are justified by changes in the mining activities;
(25) prescribe the plans, records and report that the holder of a mining right who performs underground exploration work and an operator are required to transmit to the Minister in accordance with section 226 where the work is discontinued;
(26) prescribe the security and protective measures to be taken by the holder of a mining right or an operator where mining operations are temporarily or permanently discontinued;
(26.0.1) determine the applicable elements, scales and methods for establishing the amount of the financial compensation to be paid under sections 232.0.1 and 232.10.3 and the applicable terms of payment, interest and penalties;
(26.1) determine the work or categories of processing plants contemplated in section 232 and, where expedient, list the mineral substances referred to therein;
(26.1.1) prescribe the standards that the rehabilitation and restoration plan must comply with;
(26.2) establish the standards relating to the financial guarantee to be provided under section 232.4 or 232.5;
(26.3) prescribe the fee payable for the assessment of a rehabilitation and restoration plan with a view to its approval or revision;
(26.4) prescribe the fee payable for the assessment and inspections conducted for the purpose of issuing a certificate of release under section 232.10;
(26.4.1) determine the events for which and the amount up to which a person is required to make reparation for harm or injury caused through or in the course of his activities in the exercise of a mining right under section 233.2;
(26.4.2) determine, for the purposes of section 233.3, the amount, term and coverage of the civil liability insurance required according to the different mining rights and the level of risk;
(26.4.3) prescribe the cases in which the Minister may require the mining of mineral substances found in tailings or impose any measure to promote the mining of tailings under section 234.1;
(26.5) prescribe the fee payable when applying for an approval under sections 240 and 241;
(27) prescribe the documents to be transmitted to the Minister in accordance with section 241;
(28) render the provisions respecting highway traffic and safety in the Highway Safety Code (chapter C-24.2) applicable to mining roads;
(28.1) prescribe the cases in which and conditions on which the Minister may withdraw from prospecting, mining exploration and mining operations the mineral substances forming part of the domain of the State situated in a parcel of land in the private domain under section 304.1.4;
(29) fix the costs that must accompany an application for the suspension or revocation of a mining right;
(29.1) prescribe the fee payable for searching the public register of real and immovable mining rights, the fee payable for copies of documents, or extracts from the register, and any other related fees;
(29.2) prescribe the fee payable by a person to whom an inspector has given a written notice of non-compliance with this Act or the regulations;
(29.3) (paragraph repealed);
(30) fix the terms and conditions of payment of the fees, costs and rentals prescribed in this Act;
(31) determine which provisions of a regulation it is an offence to contravene.
1987, c. 64, s. 306; 1986, c. 91, s. 655; 1988, c. 9, s. 9, s. 51; 1988, c. 9, s. 52; 1990, c. 36, s. 16; 1991, c. 23, s. 9; 1997, c. 43, s. 359; 1998, c. 24, s. 128; 2001, c. 12, s. 17; 2003, c. 15, s. 32; 1998, c. 24, s. 128; 2013, c. 16, s. 20; 2013, c. 32, s. 109; 2016, c. 35, s. 23; 2021, c. 35, s. 70; 2023, c. 24, s. 141; 2022, c. 8, s. 46; 2024, c. 36, s. 125.
