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S.M. 2014, c. 27
Bill 61, 3rd Session, 40th Legislature
The Peatlands Stewardship and Related Amendments Act
| 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 | ||
| DEVELOPMENT | ||
| 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 | |
| PEAT QUARRY LEASES IN WILDLIFE MANAGEMENT AREA | ||
| PEAT APPLICATIONS FOR PEAT QUARRY LEASES | ||