C.C.S.M. c. S235
| 1
| Definitions
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| PART I
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| PURPOSES
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| 2
| Purposes of Act
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| 3
| Crown bound
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| 4(1)
| Conflict with other Acts
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| (2)
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| 5
| Conflict between Act and other instruments
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| PART II
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| SURFACE RIGHTS BOARD
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| 6(1)
| Establishment of board
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| (2)
| Term of office
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| (3)
| Presiding and deputy presiding member
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| (4)
| Remuneration and expenses
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| (5)
| Meetings
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| (6)
| Quorum
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| (7)
| Validity of acts where vacancy exists
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| (8)
| Duties of presiding member
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| (9)
| Duties of deputy presiding member
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| (10)
| Evidence as to signature of presiding member, etc.
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| (11)
| Appointment of another person in case of interest
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| (12)
| Appointment of substitute member
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| (13)
| Appointment of secretary and employees
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| 7(1)
| Rules of board
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| (2)
| Form of notice
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| (3)
| Rules of evidence
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| (4)
| Evidence under oath
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| 8
| Sitting of and inspection by board
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| 9
| General powers of board
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| 10
| Powers of board
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| 11
| Duty to keep records
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| 12(1)
| Powers of board under Evidence Act
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| (2)
| Application of section 88 of Evidence Act
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| 13
| Liability of members, officers, etc.
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| 14
| Reports by one member
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| 15
| Annual report
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| PART III
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| RIGHT OF ENTRY AND COMPENSATION
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| 16(1)
| Right of entry with lease or order
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| (2)
| Right of operator to repair, etc.
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| (3)
| Compensation for exercise of rights
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| (4)
| Board may determine compensation
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| 17(1)
| Operator to file agreement with board
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| (2)
| Operator to file and deliver notice of assignment
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| 18(1)
| Waiting period
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| (2)
| Waiver of waiting period
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| 19
| Leases or agreements available for inspection
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| 20(1)
| Granting of rights on adjacent or other lands
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| (2)
| Compensation to be paid by operator
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| 21(1)
| Application to board for hearing
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| (2)
| Contents of notice
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| 22
| Deemed submission to board for hearing
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| 23
| Service of notice
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| 24
| Effective date of service
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| 25(1)
| Notice of hearing
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| (2)
| Board may view site
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| (3)
| Notice of viewing
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| (4)
| Powers of board following hearing
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| (5)
| Restriction upon scope of order
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| (6)
| Board may defer determination
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| (7)
| Rehearings and revisions
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| (8)
| Decision within 30 days
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| 26(1)
| Determination of compensation
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| (2)
| Costs of hearing
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| (3)
| Costs in discretion of board
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| (4)
| Costs where offer less than 90%
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| (5)
| Costs where offer more than award
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| 27(1)
| Interim order for surface rights
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| (2)
| Objection by owner or occupant
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| (3)
| Board shall hold hearing
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| (4)
| Undue hardship
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| (5)
| Terms and conditions of interim order
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| 28
| No duplicate compensation
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| 29
| Application for variation of order
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| 30
| Application for change in compensation after lease
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| 31
| When applications for change not to be made
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| 32
| Board to determine compensation
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| 33(1)
| Variation order to benefit current owner
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| (2)
| Applications for variation of Mining Board order
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| 34(1)
| Termination of right of entry
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| (2)
| Board to fix date of hearing
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| (3)
| Order terminating right of entry
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| (4)
| Consent of operator
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| PART IV
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| ABANDONMENT
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| 35
| Abandonment or surrender of rights
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| 36
| Restoration
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| 37
| Application to the board
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| 38
| Hearing before the board
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| 39(1)
| Contents of order
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| (2)
| Additional compensation
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| 40
| Power of board where operator satisfies obligation
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| 41
| Termination of compensation
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| 42
| Removal of caveats
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| PART V
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| LIABILITY FOR TORTIOUS ACTS
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| 43
| Definition
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| 44(1)
| Liability for certain tortious acts
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| (2)
| Operator liable notwithstanding assignment of rights
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| 45
| Notice of loss or damage to operator
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| 46(1)
| Determination of compensation where no agreement
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| (2)
| Application of section 25 to hearing
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| (3)
| Limitation on application under subsection (1)
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| (4)
| Claim barred where application is late
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| 47
| Prima facie evidence of tortious act
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| PART VI
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| APPEAL
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| 48(1)
| Grounds of appeal
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| (2)
| Board orders final
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| (3)
| Referral back to board
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| (4)
| Leave to appeal
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| 49
| Transmission of material to court
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| 50
| Stay of proceedings
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| PART VII
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| GENERAL
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| 51
| Where owner or occupant cannot be found
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| 52(1)
| Application to determine compensation
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| (2)
| Retention of deposit
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| (3)
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| 53(1)
| Compensation payment
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| (2)
| Disposition of deposit
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| (3)
| Deposit of money
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| 54
| Rehearing of application re compensation only
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| 55(1)
| Operator's responsibility to cut down weeds
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| (2)
| Failure of operator to cut down weeds
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| (3)
| Board may order operator to cut down weeds
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| (4)
| Limitation on time of application to cut down weeds
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| (5)
| Apportionment of compensation among operators
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| 56
| Topsoil
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| 57
| Filing and enforcement of order
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| 58
| Order as judgment of court
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| 59
| Order of board need not show board's jurisdiction
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| 60
| Assignment of order
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| 61
| Service of copy of order
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| 62
| Orders and agreements run with land
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| 63(1)
| Filing of caveat
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| (2)
| Address for service to be shown on caveat
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| 64(1)
| Registering and vacating order under Registry Act
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| (2)
| Costs of application
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| 65
| Department to provide document without charge
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| 66
| Fee for service at land titles office
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| 67
| Penalty for failure to file agreement
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| 68
| Regulations
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| 69
| Reference in CCSM
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| 70
| Repeal
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| 71
| Commencement of Act
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