M-13.1 - Mining Act

Section 235 Disposition versions

2019-01-01

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.

2013-12-10

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 within the meaning of the Act respecting Roman Catholic cemetery companies (chapter C-40.1), cemeteries established under the Non-Catholic Cemeteries Act (chapter C-17) 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.

2000-11-22

235. The holder of mining rights or the owner of mineral substances may acquire, by agreement or by expropriation, any property permitting access to or necessary for the performance of exploration work or mining operations on the land granted or alienated by the State for purposes other than mining purposes, except cemeteries within the meaning of the Act respecting Roman Catholic cemetery companies (chapter C-40.1) or cemeteries established in accordance with the Non-Catholic Cemeteries Act (chapter C-17).

No holder of mining rights or owner of mineral substances may exercise his right of access to the parcel of land or his right to perform exploration work or mining operations on land leased by the State for purposes other than mining purposes or on lands under an exclusive lease to mine surface mineral substances unless he obtains the lessee’s consent or pays compensation to him. If there is no agreement on the amount of compensation, it will be fixed by the competent court. An application for the fixing of compensation is introduced by motion; it is heard and decided by preference.

1987, c. 64, s. 235; 1999, c. 40, s. 178; 1998, c. 24, s. 106.

1999-10-22

235. The holder of mining rights or the owner of mineral substances may acquire, by agreement or by expropriation, any property permitting access to or necessary for the performance of exploration work or mining operations on the land granted or alienated by the State for purposes other than mining purposes, except cemeteries within the meaning of the Act respecting Roman Catholic cemetery companies (chapter C-40.1) or cemeteries established in accordance with the Non-Catholic Cemeteries Act (chapter C-17).

No holder of mining rights or owner of mineral substances may exercise his right of access to the parcel of land or his right to perform exploration work or mining operations on land leased by the State for purposes other than mining purposes or on lands under an exclusive lease to mine surface mineral substances unless he obtains the lessee’s consent or pays compensation to him. If there is no agreement on the amount of compensation, it will be fixed by the competent court.

1987, c. 64, s. 235; 1999, c. 40, s. 178.

1988-10-24

235. The holder of mining rights or the owner of mineral substances may acquire, by agreement or by expropriation, any property permitting access to or necessary for the performance of exploration work or mining operations on the land granted or alienated by the Crown for purposes other than mining purposes, except cemeteries within the meaning of the Act respecting Roman Catholic cemetery corporations (chapter C-69) or cemeteries established in accordance with the Non-Catholic Cemeteries Act (chapter C-17).

No holder of mining rights or owner of mineral substances may exercise his right of access to the parcel of land or his right to perform exploration work or mining operations on land leased by the Crown for purposes other than mining purposes or on lands under an exclusive lease to mine surface mineral substances unless he obtains the lessee’s consent or pays compensation to him. If there is no agreement on the amount of compensation, it will be fixed by the competent court.

1987, c. 64, s. 235.