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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