First published on canadianminingjournal.com May
2013.
It is common practice in mining law in Quebec to consider that
the registration of a hypothec against a mining claim at the
Register of Real and Immovable Mining Rights ("Mining
Registry") is sufficient to render such hypothecs opposable
against third parties. This practice, however, may need to be
reconsidered.
Section 8 of the Quebec Mining Act provides that mining claims
and other mining rights are immovable real rights. As such, it is
possible to register these mining rights at the Register of real
rights of State resource development ("the Resource
Register") which is part of Quebec's land registry system.
Section 10 of the Mining Act goes on to say, however, that mining
claims (and certain other mining rights) are exempt from
registration at the [land] registry office. It should be noted
that, as provided by Section 14 of the Mining Act, a registration
at the Mining Registry is only opposable against the
