147 (1) The Director may, in writing, order any proponent of any lands on which a mine hazard exists or any prior holder of an unpatented mining claim on any such lands, other than a current or prior holder of an unpatented mining claim with respect to a mine hazard that was created by others prior to the registration of the claim and that has not been materially disturbed or affected by the current or prior holder, as the case may be, since the registration of the claim, to submit within the time specified in the order a closure plan to rehabilitate the site or mine hazard and the proponent or prior holder shall submit the closure plan within that time or any extension of time granted by the Director. 1996, c. 1, Sched. O, s. 26; 2017, c. 6, Sched. 2, s. 69 (1); 2019, c. 14, Sched. 7, s. 9. Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection 147 (1) of the Act is amended. (See: 2023, c. 6, s. 15 (1)) Transition, application to converted mining claims (1.1) Despite subsection (1), if an unpatented mining claim referred to in that subsection was staked and recorded on a day before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 came into force and then converted from a legacy claim under section 38.2 and deemed to have been registered under subsection 38 (2), any reference in subsection (1) to the registration of the claim shall be deemed to be a reference to the staking of the claim. 2017, c. 6, Sched. 2, s. 69 (2). Crown intervention (2)  If the proponent or prior holder of an unpatented mining claim does not comply with an order of the Director under subsection (1), the Director may, after having given notice to the proponent or prior holder in the prescribed time and manner, have the Crown or an agent of the Crown enter the lands to rehabilitate the mine hazard.  1996, c. 1, Sched. O, s. 26. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 147 (2) of the Act is amended by striking out “does not comply with an order of the Director under subsection (1), the Director may” and substituting “does not comply with an order under subsection (1), the Minister may”. (See: 2023, c. 6, s. 15 (2)) Recommendation that lease be voided (3)  If the proponent does not comply with the Director’s order under subsection (1) and is a lessee of the lands on which the mine hazard exists, the Director may recommend to the Minister that the lease be declared void on condition that the Director indicate in the notice referred to in subsection (2) the intention to make such a recommendation.  1996, c. 1, Sched. O, s. 26. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 147 (3) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 15 (3)) Recommendation that lease be voided (3) If the proponent does not comply with an order under subsection (1) and is a lessee of the lands on which the mine hazard exists, the Minister may recommend to the Lieutenant Governor in Council that the lease be declared void on condition that the Minister indicate in the notice referred to in subsection (2) the intention to make such a recommendation. 2023, c. 6, s. 15 (3). Declaration that lease void (4)  On the recommendation of the Minister, the Lieutenant Governor in Council may declare the lease void, in which case subsections 81 (11), (12) and (13) apply with necessary modifications.  1996, c. 1, Sched. O, s. 26. Offence (5)  Failure to comply with an order under subsection (1) constitutes an offence that continues for each day during which the failure continues.  1996, c. 1, Sched. O, s. 26. Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection 147 (5) of the Act is amended. (See: 2023, c. 6, s. 15 (4)) Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 26 - 30/06/2000 2017, c. 6, Sched. 2, s. 69 (1, 2) - 10/04/2018 2019, c. 14, Sched. 7, s. 9 - 01/04/2021 2023, c. 6, s. 15 (1-4), 28 (1) - not in force Emergency Powers Emergencies