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C.C.S.M. c. M190
THE MINING AND METALLURGY COMPENSATION ACT
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HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"arbitrator" means the arbitrator appointed under section 5; (« arbitre »)
"district" means a mining, milling, smelting, and refining, district referred to in section 2; (« district »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre »)
MINING, MILLING, SMELTING AND REFINING DISTRICTS
The districts within the province that are described in the Schedule are mining, milling, smelting, and refining districts.
Notwithstanding anything in this Act, any person may erect, construct, maintain, and operate in any district any mining, milling, smelting, refining, and other works and any plant
(a) for the mining, milling, smelting, refining, or reduction of ores, minerals, and metals; and
(b) for the recovery of any and all by products resulting therefrom.
A person erecting or constructing, or who has erected or constructed, or who is maintaining or operating, in any district any works or plants to which section 3 applies is not liable for damage occasioned, directly or indirectly, in any district by reason of
(a) the emission or escapement into the atmosphere of
(i) sulphur gases or other noxious smoke, fumes, or gases; or
(ii) all kinds of dust including tailings dust; or
(b) noise or vibration; or
(c) tailings, slag, silt, or other waste or water, discharged or released in the course of operating the works or plant or plants.
No action or proceedings of any kind, and whether for injunction or damages lies, or shall be taken or made, against a person erecting, constructing, maintaining, or operating works or plants to which section 3 applies for damage resulting in any district or districts from any cause mentioned in clauses (1)(a) to (c).
The Lieutenant Governor in Council may appoint a judge of the Court of Queen's Bench as an arbitrator for the purpose of this Act.
Where any damage is occasioned outside the districts from any cause mentioned in clauses 4(1)(a) to (c) in the course of erecting, constructing, maintaining, or operating any works or plants to which section 3 applies, and whether directly or indirectly, if the works or plants from which the cause of the damage emanates are in any district, and whether the damage is occasioned to crops, trees, or other vegetation or property, real or personal, the arbitrator shall, as herein provided, determine the amount of the damage and make an award; and he has exclusive jurisdiction for that purpose.
The remedies provided in subsection (1) are in lieu of all remedies, whether at law or equity, to which any person would be entitled but for the passing of this Act; and no action shall be taken by way of injunction or for damages or otherwise.
Notice of the damage shall be mailed by the person aggrieved to the person offending within 30 days of the damage occurring; and in the absence of such mailing of notice any claim for compensation shall be disallowed.
Upon application to him the arbitrator shall make an investigation and keep a record of the facts as he finds them in connection with each complaint.
At any time before November 1 of the year in which the damage is alleged to have occurred, the person aggrieved, provided that notice as specified in this section has been given as herein provided, may appeal to the arbitrator to determine compensation; and the arbitrator shall thereafter, as soon as may be convenient, notify both parties, hear such evidence as may be available, assess the damage, and make the award in writing.
Nothing in this Act prevents the person aggrieved and the person offending from arriving at a mutually satisfactory settlement apart from the arbitrator.
Subject to subsection (2), the award of the arbitrator is binding upon the parties, and, upon being filed in the office of the court the award, for the purpose of issuing execution thereon, has the same force and effect as a judgment of the court.
The award is subject to appeal as in the case of an award made in a submission to which The Arbitration Act applies.
COMPENSATION WITHOUT ARBITRATION
The owner or operator of any works or plant or plants to which section 3 applies, or any person contemplating acquiring or operating any such works or plant or plants, may make an agreement with the owner or lessee of land that is not situated in any district for payment to that owner or lessee of compensation for damages resulting, or likely to result, to the land or to its use or enjoyment, from the operation of the works or plant or plants.
An agreement made under section 9 if so provided therein, binds and enures to the benefit of the heirs, executors, administrators, and assigns, or to the successors and assigns, of the parties thereto; and it may relate
(a) to any such works or plant or plants in operation at the time the agreement is made; and
(b) to any such works or plant or plants that the party agreeing to pay compensation may thereafter establish within an area specified in the agreement, even though the land on which the works or plant or plants are thereafter established is not, at the time the agreement is made, owned or leased by the party agreeing to pay compensation.
Where the land in respect of which an agreement is made is not under The Real Property Act, the agreement may be registered; and where the land is under The Real Property Act, a caveat based thereon may be filed in the proper land titles office.
Where a subsequent agreement is made cancelling any agreement so registered, if the land affected is not under The Real Property Act, the subsequent agreement may be registered in like manner.
The payment of compensation under the agreement affords a complete answer to any action that may be brought for damages, or for an injunction, or to any claim made under Part II in respect of any matter for which compensation has been made.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by this section has the force of law.
Nothing in this Act limits, alters, or derogates from, the powers vested in the Lieutenant Governor in Council under The Mines and Minerals Act.