M-13 - Mining Act

Section 53 Disposition versions

1988-08-31

53. (1)  When a person is in illegal possession of any land covered by a claim, or of any Crown land situated within the limits of a mining town or mining village, and refuses to relinquish possession, the Minister, or with his permission the claim-holder, may present to a judge of the Superior Court for the district a petition served at least ten clear days before presentation thereof.

(2)  Upon satisfactory proof that such person is unjustly or illegally in possession of the said land, the judge shall issue an order enjoining him to vacate the same and relinquish possession thereof.

(3)  Such order shall have the same effect as a writ of possession, and must be executed according to law.

(4)  The proceedings contemplated by this section shall be deemed matters which must be heard and decided by preference according to the provisions of the Code of Civil Procedure and the costs thereof shall be those of a first class action in the Court of Québec.

(5)  Houses or other constructions inhabited or possessed by a person who has received a judge’s order to vacate the same and relinquish possession thereof shall become the property of the Crown thirty days after the date of evacuation fixed by the judge. The Minister may then sell or otherwise dispose of such houses or constructions.

1965 (1st sess.), c. 34, s. 55; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1988, c. 21, s. 66.

1977-12-31

53. (1)  When a person is in illegal possession of any land covered by a claim, or of any Crown land situated within the limits of a mining town or mining village, and refuses to relinquish possession, the Minister, or with his permission the claim-holder, may present to a judge of the Superior Court for the district a petition served at least ten clear days before presentation thereof.

(2)  Upon satisfactory proof that such person is unjustly or illegally in possession of the said land, the judge shall issue an order enjoining him to vacate the same and relinquish possession thereof.

(3)  Such order shall have the same effect as a writ of possession, and must be executed according to law.

(4)  The proceedings contemplated by this section shall be deemed matters which must be heard and decided by preference according to the provisions of the Code of Civil Procedure and the costs thereof shall be those of a first class action in the Provincial Court.

(5)  Houses or other constructions inhabited or possessed by a person who has received a judge’s order to vacate the same and relinquish possession thereof shall become the property of the Crown thirty days after the date of evacuation fixed by the judge. The Minister may then sell or otherwise dispose of such houses or constructions.

1965 (1st sess.), c. 34, s. 55; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1.