23. Only the claims obtained by staking entered in the public register of real and immovable mining rights that do not meet any of the following conditions may be subject to a conversion of mining rights into map designated claims under subdivision 5 of Division III of Chapter III of the Act:
(1) the claim is subject to a decision made by the Minister under paragraph 1 or 3 of section 63 of the Act which suspends its term;
(2) the claim is subject to an order of cessation of work made by the Minister under section 82 of the Act;
(3) the claim is subject to a decision made by the Minister under section 61 of the Act refusing its renewal;
(4) the claim is subject to a suspension or revocation following a decision made by the Minister under section 278, 280 or 281 of the Act; or
(5) the claim is subject to a seizure notified to the Minister, or its term is subject to a dispute.
No claim may be converted as soon as the holder is informed of the Minister’s intention to make a decision or an order referred to in subparagraph 1, 2 or 3 of the first paragraph, in accordance with section 5 of the Act respecting administrative justice (chapter J-3), or, in the case of a decision referred to in subparagraph 4 of the first paragraph, as soon as the Minister notifies in writing the holder with the prior notice prescribed by section 5 of the Act respecting administrative justice, in accordance with section 284 of the Mining Act (chapter M-13.1).
Where the decision or order made by the Minister is appealed before the Court of Québec, the prohibition remains as long as the court making a final decision has not invalidated it, where applicable. The same applies where the claim is subject to a seizure entered in the public register of real and immovable mining rights, as long as the seizure has not been cancelled by a court making a final decision, or where the term of the claim is contested as long as the Minister or, if there is an appeal, the court making a final decision has not rendered its decision.
O.C. 1042-2000, s. 23; O.C. 1065-2015, s. 15.