C.C.S.M. c. P31
The Peatlands Stewardship Act
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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 |
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61 to 70 | [amendments to other Acts] | |
PART 9 | ||
C.C.S.M. REFERENCE AND COMING INTO FORCE |
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71 | C.C.S.M. reference | |
72 | Coming into force | |
SCHEDULE A | ||
PEAT QUARRY LEASES IN WILDLIFE MANAGEMENT AREA |
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SCHEDULE B | ||
PEAT APPLICATIONS FOR PEAT QUARRY LEASES |
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