S.M. 1987-88, c. 62

The Surface Rights Act

Back to the Act

Table of Contents

1		Definitions.
PART I PURPOSES
2		Purposes of Act.
3		Crown bound.
4		Conflict with other Acts.
	(2)	Non-application to pipe line.
5		Conflict between Act and other instruments.
PART II SURFACE RIGHTS BOARD
6		Establishment of board.
	(2)	Term of office.
	(3)	Presiding and deputy presiding member.
	(4)	Remuneration and expenses.
	(5)	Meetings.
	(6)	Quorum.
	(7)	Validity of acts where vacancy exists.
	(8)	Duties of presiding member.
	(9)	Duties of deputy presiding member.
	(10)	Evidence as to signature of presiding member, etc.
	(11)	Appointment of another person in case of interest.
	(12)	Appointment of substitute member.
	(13)	Appointment of secretary and employees.
7		Rules of board.
	(2)	Form of notice.
	(3)	Rules of evidence.
	(4)	Evidence under oath.
8		Sitting of and inspection by board.
9		General powers of board.
10		Powers of board.
11		Duty to keep records.
12		Powers of board under Evidence Act.
	(2)	Application of section 88 of Evidence Act.
13		Liability of members, officers, etc.
14		Reports by one member.
15		Annual report.
PART III RIGHT OF ENTRY AND COMPENSATION
16		Right of entry with lease or order.
	(2)	Right of operator to repair, etc.
	(3)	Compensation for exercise of rights.
	(4)	Board may determine compensation.
17		Operator to file agreement with board
	(2)	Operator to file and deliver notice of assignment
18		Waiting period.
	(2)	No waiver.
19		Leases or agreements available for inspection.
20		Granting of rights on adjacent or other lands.
	(2)	Compensation to be paid by operator.
21		Application to board for hearing.
	(2)	Contents of notice.
22		Deemed submission to board for hearing.
23		Service of notice.
24		Effective date of service.
25		Notice of hearing.
	(2)	Board may view site.
	(3)	Notice of viewing.
	(4)	Powers of board following hearing.
	(5)	Restriction upon scope of order.
	(6)	Board may defer determination.
	(7)	Rehearings and revisions.
	(8)	Decision within 30 days.
26		Determination of compensation.
	(2)	Costs of hearing.
	(3)	Costs in discretion of board.
	(4)	Costs where offer less than 90%.
	(5)	Costs where offer more than award.
27		Interim order for surface rights.
	(2)	Objection by owner or occupant.
	(3)	Board shall hold hearing.
	(4)	Undue hardship.
	(5)	Terms and conditions of interim order.
28		No duplicate compensation.
29		Application for variation of order.
30		Application for change in compensation after lease.
31		When applications for change not to be made.
32		Board to determine compensation.
33		Variation order to benefit current owner.
	(2)	Applications for variation of Mining Board order.
34		Termination of right of entry.
	(2)	Board to fix date of hearing.
	(3)	Order terminating right of entry.
	(4)	Consent of operator.
PART IV ABANDONMENT
35		Abandonment or surrender of rights.
36		Restoration.
37		Application to the board.
38		Hearing before the board.
39		Contents of order.
	(2)	Additional compensation.
40		Power of board where operator satisfies obligation.
41		Termination of compensation.
42		Removal of caveats.
PART V LIABILITY FOR TORTIOUS ACTS
43		Definition.
44		Liability for certain tortious acts.
	(2)	Operator liable notwithstanding assignment of rights.
45		Notice of loss or damage to operator.
46		Determination of compensation where no agreement.
	(2)	Application of section 25 to hearing.
	(3)	Limitation on application under subsection (1).
	(4)	Claim barred where application is late.
47		Prima facie evidence of tortious act.
PART VI APPEAL
48		Grounds of appeal.
	(2)	Board orders final.
	(3)	Referral back to board.
	(4)	Leave to appeal.
49		Transmission of material to court.
50		Stay of proceedings.
51		Where owner or occupant cannot be found.
52		Application to determine compensation
	(2)	Retention of deposit.
	(3)	Application to mineral rights.
53		Compensation payment.
	(2)	Disposition of deposit.
	(3)	Deposit of money.
54		Rehearing of application re compensation only.
55		Operator's responsibility to cut down weeds.
	(2)	Failure of operator to cut down weeds.
	(3)	Board may order operator to cut down weeds.
	(4)	Limitation on time of application to cut down weeds.
	(5)	Apportionment of compensation among operators.
56		Topsoil.
57		Filing and enforcement of order.
58		Order as judgment of court.
59		Order of board need not show board's jurisdiction.
60		Assignment of order.
61		Service of copy of order.
62		Orders and agreements run with land.
63		Filing of caveat.
	(2)	Address for service to be shown on caveat
64		Registering and vacating order under Registry Act.
	(2)	Costs of application.
65		No fees for certificates and documents.
66		Search of records without charge.
67		Penalty for failure to file agreement
68		Regulations.
69		Reference in C.C.S.M.
70		Repeal.
71		Commencement of Act.