C.C.S.M. c. S235
1 | Definitions |
PART I | |
PURPOSES | |
2 | Purposes of Act |
3 | Crown bound |
4(1) | Conflict with other Acts |
(2) | |
5 | Conflict between Act and other instruments |
PART II | |
SURFACE RIGHTS BOARD | |
6(1) | 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(1) | 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(1) | 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(1) | 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(1) | Operator to file agreement with board |
(2) | Operator to file and deliver notice of assignment |
18(1) | Waiting period |
(2) | Waiver of waiting period |
19 | Leases or agreements available for inspection |
20(1) | Granting of rights on adjacent or other lands |
(2) | Compensation to be paid by operator |
21(1) | 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(1) | 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(1) | 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(1) | 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(1) | Variation order to benefit current owner |
(2) | Applications for variation of Mining Board order |
34(1) | 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(1) | 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(1) | Liability for certain tortious acts |
(2) | Operator liable notwithstanding assignment of rights |
45 | Notice of loss or damage to operator |
46(1) | 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(1) | 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 |
PART VII | |
GENERAL | |
51 | Where owner or occupant cannot be found |
52(1) | Application to determine compensation |
(2) | Retention of deposit |
(3) | |
53(1) | Compensation payment |
(2) | Disposition of deposit |
(3) | Deposit of money |
54 | Rehearing of application re compensation only |
55(1) | 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(1) | Filing of caveat |
(2) | Address for service to be shown on caveat |
64(1) | Registering and vacating order under Registry Act |
(2) | Costs of application |
65 | Department to provide document without charge |
66 | Fee for service at land titles office |
67 | Penalty for failure to file agreement |
68 | Regulations |
69 | Reference in CCSM |
70 | Repeal |
71 | Commencement of Act |