The Peatlands Stewardship Act

C.C.S.M. c. P31

The Peatlands Stewardship Act

Table of Contents

PART 1
INTRODUCTORY PROVISIONS
1 Definitions
(2) Reference to "Act" includes regulations
(3) Peat on, in or under land
2 Application
3 Purposes
(2) Principles
PART 2
PROTECTION
4 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 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 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 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 Application to harvest peat
(2) Holder of permit may apply for licence
19 Director may issue licence
(2) Considerations
(3) Requirement before licence will be issued
20 Terms and conditions
(2) Additional terms and conditions
21 Annual land reservation charge
(2) Charge payable in addition to royalties
22 Term of licence
23 Prohibition — harvesting outside boundaries
24 Holder must provide security
(2) Holder must keep records, submit reports
25 Restriction on transfer or assignment
26 Access rights
(2) Other approvals, authorizations for access not affected
27 Holder must comply with other enactments
28 Renewal of licence
(2) Considerations
29 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 Notice and requirement to comply
(2) Suspension, cancellation, refusal to renew
ROYALTIES
33 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 PEATLANDS
35 Peatlands must be recovered by licence holder
36 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 Director of peatlands stewardship
(2) Director may delegate
41 Forms
42 Director may require records
(2) Duty to provide records
INSPECTORS
43 Appointment of inspectors
(2) Designating inspectors
(3) Identification
INSPECTIONS
44 General inspection powers
(2) Assistance
(3) Authority to enter a dwelling
(4) Warrant to conduct inspection
(5) Application without notice
45 Assistance to be given
(2) Electronic records
(3) Inspector may make copies
(4) Inspector may remove records to make copies
46 Warrant for search and seizure
(2) Application without notice
OFFENCES AND PENALTIES
47 False statements
48 Offences
(2) Continuing offence
(3) Directors and officers of corporations
(4) Limitation period
49 Penalties
(2) Additional fine
PART 5
GENERAL PROVISIONS
50 Crown bound
51 Agreements
52 Information sharing
(2) Duty to provide information
(3) Meaning of "information"
(4) Non-identifying information
53 Liability protection
PART 6
REGULATIONS
54 Regulations
(2) Application
(3) Codes and standards
(4) Maps
PART 7
TRANSITIONAL PROVISIONS
55 Purpose
(2) Definitions
(3) Permits, leases and applications under former Act
56 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 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 Director may issue peat harvesting licence
(2) Other provisions apply
60 Transitional regulations
PART 8
RELATED AND CONSEQUENTIAL
AMENDMENTS
61 to 70 [amendments to other Acts]
PART 9
C.C.S.M. REFERENCE AND
COMING INTO FORCE
71 C.C.S.M. reference
72 Coming into force
SCHEDULE A
PEAT QUARRY LEASES IN
WILDLIFE MANAGEMENT AREA
SCHEDULE B
PEAT APPLICATIONS
FOR PEAT QUARRY LEASES