3rd Session, 40th Legislature
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Bill 61
THE PEATLANDS STEWARDSHIP AND RELATED AMENDMENTS ACT
Section |
Table of Contents |
PART 1 | |
INTRODUCTORY PROVISIONS | |
1(1) | Definitions |
(2) | Reference to "Act" includes regulations |
(3) | Peat on, in or under land |
2 | Application |
3(1) | Purposes |
(2) | Principles |
PART 2 | |
PROTECTION | |
4(1) | Provincially significant peatland designated by regulation |
(2) | Considerations |
5 | Prohibition — commercial development of peat in certain areas |
6 | Prohibition — specified development in provincially significant peatland |
PART 3 | |
PROHIBITIONS | |
7(1) | Prohibition — peat exploration without permit |
(2) | Prohibition — peat harvesting without licence |
PEAT EXPLORATION PERMIT | |
8 | Scope of permit |
9 | Application to explore for peat |
10(1) | Director may issue permit |
(2) | No permit issued if area subject to another permit or licence |
(3) | Considerations |
(4) | Terms and conditions |
11 | Period of validity |
12 | Holder must keep records, submit reports |
13 | Holder must pay annual land exploration charge |
14 | Restriction on transfer or assignment |
15(1) | Access rights |
(2) | Other approvals, authorizations for access not affected |
16 | Holder must comply with other enactments |
PEAT HARVESTING LICENCE | |
17 | Scope of licence |
18(1) | Application to harvest peat |
(2) | Holder of permit may apply for licence |
19(1) | Director may issue licence |
(2) | Considerations |
(3) | Requirement before licence will be issued |
20(1) | Terms and conditions |
(2) | Additional terms and conditions |
21(1) | Annual land reservation charge |
(2) | Charge payable in addition to royalties |
22 | Term of licence |
23 | Prohibition — harvesting outside boundaries |
24(1) | Holder must provide security |
(2) | Holder must keep records, submit reports |
25 | Restriction on transfer or assignment |
26(1) | Access rights |
(2) | Other approvals, authorizations for access not affected |
27 | Holder must comply with other enactments |
28(1) | Renewal of licence |
(2) | Considerations |
29(1) | Peat harvesting rights subject to other rights |
(2) | Use of land and roads by holders of mineral or oil and gas rights |
(3) | Definitions |
COMPLIANCE | |
30 | Holder must comply with Act and permit |
31 | Holder must comply with Act and licence |
32(1) | Notice and requirement to comply |
(2) | Suspension, cancellation, refusal to renew |
ROYALTIES | |
33(1) | Royalty reserved to Crown |
(2) | Royalty amount set by regulation |
(3) | Interest payable if royalty unpaid |
(4) | Duty to submit royalty and reports |
(5) | Penalty — failure to submit royalty or provide report |
34 | Regulations — royalties |
RECOVERY OF CROWN PEATLAND | |
35 | Peatlands must be recovered by licence holder |
36(1) | Director's order re recovery performance |
(2) | Notice of order |
(3) | Use of security |
(4) | Costs not covered by security |
EXTENSION AND SURRENDER | |
37 | Extending licence |
38 | Surrendering licence |
PENALTY — FAILURE TO PAY | |
39 | Penalty may be imposed |
PART 4 | |
ADMINISTRATION AND ENFORCEMENT | |
DIRECTOR OF PEATLANDS STEWARDSHIP | |
40(1) | Director of peatlands stewardship |
(2) | Director may delegate |
41 | Forms |
42(1) | Director may require records |
(2) | Duty to provide records |
INSPECTORS | |
43(1) | Appointment of inspectors |
(2) | Designating inspectors |
(3) | Identification |
INSPECTIONS | |
44(1) | General inspection powers |
(2) | Assistance |
(3) | Authority to enter a dwelling |
(4) | Warrant to conduct inspection |
(5) | Application without notice |
45(1) | Assistance to be given |
(2) | Electronic records |
(3) | Inspector may make copies |
(4) | Inspector may remove records to make copies |
46(1) | Warrant for search and seizure |
(2) | Application without notice |
OFFENCES AND PENALTIES | |
47 | False statements |
48(1) | Offences |
(2) | Continuing offence |
(3) | Directors and officers of corporations |
(4) | Limitation period |
49(1) | Penalties |
(2) | Additional fine |
PART 5 | |
GENERAL PROVISIONS | |
50 | Crown bound |
51 | Agreements |
52(1) | Information sharing |
(2) | Duty to provide information |
(3) | Meaning of "information" |
(4) | Non-identifying information |
53 | Liability protection |
PART 6 | |
REGULATIONS | |
54(1) | Regulations |
(2) | Application |
(3) | Codes and standards |
(4) | Maps |
PART 7 | |
TRANSITIONAL PROVISIONS | |
55(1) | Purpose |
(2) | Definitions |
(3) | Permits, leases and applications under former Act |
56(1) | Quarry permits cancelled |
(2) | Quarry leases cancelled and deemed surrendered |
(3) | Effect on quarry leases re peat and other quarry minerals |
(4) | Related surface leases cancelled and deemed surrendered |
(5) | Peat applications cancelled |
(6) | No compensation payable |
57(1) | Director must issue peat harvesting licence |
(2) | Plans and information to be provided |
(3) | Lease under Crown Lands Act |
58 | Existing harvesting operations in wildlife management area continued |
59(1) | Director may issue peat harvesting licence |
(2) | Other provisions apply |
60 | Transitional regulations |
PART 8 | |
RELATED AND CONSEQUENTIAL AMENDMENTS | |
61(1) | C.C.S.M. c. C205 amended |
(2) | |
(3) | Application to sites under other Acts |
(3) | |
(4) | |
62(1) | C.C.S.M. c. E3 amended |
(2) | |
(3) | |
(3) | Reference includes peat |
63 | C.C.S.M. c. E125 amended |
12.2 | Peat harvesting licence to be obtained before development licence |
64(1) | C.C.S.M. c. M162 amended |
(2) | |
(3) | |
(4) | |
(5) | |
(6) | |
(7) | |
(8) | |
(9) | |
65 | C.C.S.M. c. M225 amended |
66(1) | C.C.S.M. c. M226 amended |
(2) | |
(3) | |
67 | C.C.S.M. c. M240 amended |
68 | C.C.S.M. c. P20 amended |
(7) | Prohibition on commercial development of peat |
69 | C.C.S.M. c. P35 amended |
70 | C.C.S.M. c. R30 amended |
PART 9 | |
C.C.S.M. REFERENCE AND | |
COMING INTO FORCE | |
71 | C.C.S.M. reference |
72 | Coming into force |