139 (1) In this Part, “advanced exploration” means the excavation of an exploratory shaft, adit or decline, the extraction of prescribed material in excess of the prescribed quantity, whether the extraction involves the disturbance or movement of prescribed material located above or below the surface of the ground, the installation of a mill for test purposes or any other prescribed work, and includes deemed advanced exploration under section 139.0.1; (“exploration avancée”) “adverse effect” means, (a) injury or damage to property, (b) harm or material discomfort to any person, (c) a detrimental effect on any person’s health, (d) impairment of any person’s safety, (e) a severe detrimental effect on the environment; (“conséquence préjudiciable”) “closed out” means that the final stage of closure has been reached and that all the requirements of a filed closure plan have been complied with; (“fermé”) “closure” means the temporary suspension, inactivity or close out of advanced exploration, mining or mine production; (“fermeture”) “closure plan” means a plan prepared under this Part to rehabilitate a site or mine hazard; (“plan de fermeture”) “Director” means a Director of Mine Rehabilitation appointed under subsection 153 (2); (“directeur”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Director” in subsection 139 (1) of the Act is repealed. (See: 2023, c. 6, s. 5 (1)) “inactivity” means the indefinite suspension of a project in accordance with a filed closure plan where protective measures are in place but the site is not being continuously monitored by the proponent; (“inactivité”) “mine production” means, subject to section 139.0.1, mining that is producing any mineral or mineral-bearing substance for immediate sale or stockpiling for future sale, and includes the development of a mine for such purposes; (“production minière”) “progressive rehabilitation” means rehabilitation done continually and sequentially during the entire period that a project or mine hazard exists; (“réhabilitation progressive”) “project” means a mine or the activity of advanced exploration, mining or mine production; (“projet”) “proponent” means the holder of an unpatented mining claim or licence of occupation or an owner as defined in section 1; (“promoteur”) “protective measures” means steps taken in accordance with the prescribed standards to protect public health and safety, property and the environment; (“mesures de protection”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “protective measures” in subsection 139 (1) of the Act is amended by adding “subject to subsection (1.1)” at the end. (See: 2023, c. 6, s. 5 (2)) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 139 (1) of the Act is amended by adding the following definition: (See: 2023, c. 6, s. 5 (3)) “qualified person” means an individual who meets the prescribed requirements; (“personne compétente”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 139 (1) of the Act is amended by adding the following definition: (See: 2021, c. 34, Sched. 12, s. 4 (3)) “recovery permit” means a permit described in subsection 152.1 (1); (“permis de récupération”) “rehabilitate” means to take measures, including protective measures, in accordance with the prescribed standards to treat a site or mine hazard so that the use or condition of the site, (a) is restored to its former use or condition, or (b) is made suitable for a use that the Director sees fit; (“réhabiliter”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “rehabilitate” in subsection 139 (1) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 5 (4)) “rehabilitate” means to take measures, including protective measures, in accordance with the prescribed standards, subject to subsection (1.1), to treat a site or mine hazard so that the use or condition of the site, (a) is restored to its former use or condition to the extent required by the prescribed standards, or (b) is changed to a different use or condition that the Minister determines, in accordance with the regulations, (i) is or will be compatible with the use of adjacent land, or (ii) is suitable for a future use of the site determined by the Minister; (“réhabiliter”) “site” means the land or lands on which a project or mine hazard is located; (“lieu”) “temporary suspension” means the planned or unplanned suspension of a project in accordance with a filed closure plan where protective measures are in place and the site is being monitored continuously by the proponent. (“suspension temporaire”) 1996, c. 1, Sched. O, s. 26; 2019, c. 14, Sched. 7, s. 4; 2021, c. 34, Sched. 12, s. 4 (1, 2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 139 of the Act is amended by adding the following subsection: (See: 2023, c. 6, s. 5 (5)) Interpretation, prescribed standards (1.1) For the purposes of this Part, the prescribed standards referred to in the definitions of “protective measures” and “rehabilitate” in subsection (1) are the prescribed standards, subject to any exemptions authorized by regulations made under clause 176 (2) (f) or circumstances provided for by regulations made under clause 176 (2) (g) in which compliance with a standard is not required. 2023, c. 6, s. 5 (5). Application of Part (2)  Without restricting the scope of this Part, this Part applies to projects including, (a) the underground mining of minerals, excluding natural gas, petroleum and salt by brining method; (b) the surface mining of metallic minerals; (c) the surface mining of non-metallic minerals, excluding natural gas, petroleum and aggregate as defined in the Aggregate Resources Act, on land that is not Crown land; (d) advanced exploration on mining lands.  1996, c. 1, Sched. O, s. 26. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 134 (7) - 09/12/1994; 1996, c. 1, Sched. O, s. 26 - 30/06/2000; 1999, c. 12, Sched. O, s. 46 - 30/06/2000 2019, c. 14, Sched. 7, s. 4 (1-3) - 01/04/2021 2021, c. 34, Sched. 12, s. 4 (1, 2) - 01/04/2022; 2021, c. 34, Sched. 12, s. 4 (3) - not in force 2023, c. 6, s. 5 (1-5), 28 (1) - not in force