as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. I20
The Industrial Minerals Drilling Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"boring" includes drilling; ("forage")
"director" means the Director of Mines; ("directeur")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"operator" means a person, firm, or corporation who bores a well; ("exploitant")
"owner" includes every person who is in possession of, or has the right to the immediate possession of, any land as a lessee or sub-lessee or as purchaser under an agreement of sale or as a licensee; ("propriétaire")
"well" means an orifice made in the ground by boring
(a) from which coal, gypsum, oil shale, salt, or any other non-metallic mineral substance other than water, oil, and natural gas, is obtained; or
(b) for the purpose of exploring for or obtaining any of those substances;
but does not include a well dug or bored for the purpose of obtaining water, oil, or natural gas or any of those substances, or used to obtain water, oil, or natural gas or any of those substances. ("puits")
This Act applies to all wells whether bored before or after the coming into force of this Act.
No person shall bore any well or commence or continue to bore any existing well, without having first obtained a permit from the director so to do.
Not more than one well shall be bored under one permit.
Application for a permit shall be made to the director in writing in such form, and containing such information, as may be prescribed by the regulations.
No person shall engage in, or advertise or hold himself out as engaged in, the business of boring wells, and no person shall bore a well for gain or consideration, unless he is the holder of a valid and subsisting certificate permitting him to do so.
Application for a certificate shall be made to the director in writing in such form, and containing such information, as may be prescribed by the regulations.
Every certificate issued shall expire on March 31 next following the date of issue.
A certificate may be cancelled by the minister at any time upon the report of the director that the holder thereof is not complying with this Act or the regulations.
The director, or any officer appointed by the director for the purpose, shall have access to all wells, records, plants, and equipment, and every operator and owner shall permit the director or officer to go upon any property where there have been boring operations and
(a) inspect the property;
(b) inspect such records on the property as the director or officer reasonably requires to determine compliance with this Act or the regulations;
(c) inspect the plant equipment; and
(d) take such samples, or carry out such tests and examinations, as are reasonably required to determine compliance with this Act or the regulations.
The Lieutenant Governor in Council may make regulations respecting
(a) the form of, and the information to be contained in, applications for permits and certificates;
(b) the form of, and issue of, permits and certificates;
(c) the methods of boring wells and the protection of wells during boring operations;
(d) the measures to be taken for the confinement of any substance of whatsoever kind or nature bored through or encountered in boring operations, to their original strata and to protect the strata from infiltration;
(e) the anchorage, casing, and cementing of wells;
(f) the tools and equipment to be used and the construction, alteration, or use, of any works, machinery, plant, or appliances used in boring wells;
(g) the measures to be taken before the commencement of boring with the object of controlling and conserving oil, gas, water, and other non-metallic mineral substances likely to be met with;
(h) the measures to be taken to correct any condition existing subsequent to the completion of a well which is causing, or is likely to cause, damage to any formation bearing oil, gas, or water, or coal measures or other mineral deposits, or which is dangerous to life or property or which affects the use by any other person of his property;
(i) the kind and use of works, machinery, plant or appliances in the production, transmission, supply, distribution, measurement and consumption of any substance obtained from a well;
(j) the reports and returns, geological and other information and specimens, to be furnished to the director by operators and the forms and times of making the reports and returns;
(k) the method and requirements to be taken in plugging and protecting abandoned wells;
(l) any other matter incidental or necessary to the effectiveness of the foregoing.
Any regulations made under this section may be general or particular in their application territorially or otherwise.
Any person violating any provision of this Act or the regulations is guilty of an offence and is liable, on summary conviction, to a fine of not less than $10. and not more than $500.; and each day's continuance of the act or default out of which the offence arises constitutes a separate offence.
Where, upon the application of the Attorney-General to the Court of Queen's Bench or any judge thereof, it is made to appear, upon the material filed or evidence adduced that any offence against this Act or the regulations has been, is being, or is about to be, committed, the court or judge may, by order, enjoin any owner, operator, and other person implicated with any of them in the same matter, or any one of them, from continuing or committing the offence: and the injunction, ipso facto, suspends any permit or certificate issued under this Act to any such person.
The application of the Attorney-General under subsection (1) may be made without any action being instituted, either
(a) by an ex parte motion for an interim injunction which shall, if granted, remain in full force for 10 days from the date thereof, unless the time is extended or the originating motion mentioned in clause (b) is sooner heard and determined; or
(b) by an originating notice of motion, which, if an interim injunction has been granted, shall be served within five days and returnable within 10 days from the date of the interim injunction.
The remedy provided by this section is in addition to, and not in substitution for, that provided in section 8.
No action or proceeding lies against the director or inspector, his agents or employees for any matter or thing done by them in pursuance, or purported pursuance, of any provision of this Act or the regulations.
Every operator and every owner shall submit to the director such samples, geological information, and other data, in connection with boring operations carried on by him, or on land of which he is the owner, as the director may request in writing.
A well to which this Act applies is not subject to The Mines Act and the regulations made thereunder, unless, in the opinion of the director, it is likely to penetrate a formation containing oil or natural gas.