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The Mines Act

R.S.M. 1987, c. M160

The Mines Act

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Table of Contents

1 Definitions.
2 Meaning of "oil and gas", etc., in Parts II and III.
APPLICATION OF ACT
3 Mines and minerals reserved in grant from Crown.
(2) Mines, etc., under highways vested in Crown.
(3) Reservation of travel on roads, etc.
MINES BRANCH
4 Mines Branch.
(2) Annual report of Mines Branch.
5 Administration by Minister of Mines.
POWERS OF MINISTER
6 Withdrawal of land from prospecting.
(2) Re-opening withdrawn land.
(3) Working on behalf of Crown.
(4) Sand and gravel on withdrawn land.
(5) Effect of withdrawal.
(6) Dispositions with respect to withdrawn lands.
(7) Imposition of terms and conditions by minister.
(8) Cancellation of surface rights.
POWERS OF
LIEUTENANT GOVERNOR IN COUNCIL
7 Regulations.
(2) Protection and compensation of holders of surface rights.
(3) Saving of existing rights.
(4) Retroactive regulation.
8 Discovery of minerals by officer of department.
(2) Effect of purchase by officer of department.
PART I
TREATMENT OF ORES IN CANADA
9 Ores and minerals to be treated in Canada.
(2) Exemption.
ADMINISTRATION OF THE ESTATES OF DECEASED OR INSANE MINERS
10 Provisions of Act not to apply in case of death or insanity.
11 Period of exemption may be limited.
12 Claim to be subject to Act at end of period.
(2) Where estate a co-owner.
13 Minister may extend period of exemption.
14 Public Trustee may administer estate.
15 Exemptions not to apply to co-owner.
16 Failure of co-owner to perform work and pay fees.
17 Assignment of mineral location from estate to be recorded.
(2) Failure to record assignment.
18 Recording of assignment when there are co-owners.
(2) Non-compliance, effect of.
(3) Vesting of interest of co-owner.
ARBITRATION
19 Where surface covered by timber licence or boring permit.
20 Certain matters subject to The Surface Rights Act.
21 Prohibition of entry, etc., on surface.
(2) Entry on land for gaining access to other land.
22 Application to board for interest in surface rights.
(2) Application to board for interest in surface rights in Crown lands.
(3) Operations where surface rights held by Crown.
23 Hearing and notice thereof.
(2) Notice to director.
(3) Procedure on hearing.
(4) Evidence.
(5) Submissions by minister.
(6) Adjournment of hearing.
24 Application for leave for immediate entry.
(2) Where required notice cannot be given.
25 Determination of rights and compensation by the board.
(2) Factors in determining compensation.
26 Re-hearing of application.
27 Contents of order.
28 Dispute as to surface rights.
(2) Procedure of board.
(3) Services of assistants.
(4) Costs.
29 Definitions.
(2) Application for pooling order.
MINING BOARD
30 Continuation of Mining Board.
(2) Membership.
(3) Vacancies.
(4) Acting members.
(5) Quorum.
(6) Personal interest in matters before board.
(7) Records of the board.
(8) Powers of board.
31 Rules and regulations.
(2) Substitutional service.
32 Filing of orders with recorder.
33 Recorder to issue certificate of decision.
34 Decision of board to be final.
35 Costs.
36 Witnesses and enforcement of attendance.
37 Exclusion of questions involving validity of patents or leases.
38 Transfer of proceedings to Court of Queen's Bench.
39 Order of Mining Board as judgment of court.
APPEALS FROM MINING BOARD
40 Appeals from board.
(2) Evidence on appeal.
(3) Procedure on appeal.
(4) Extension of time for service.
(5) Where notice not given.
(6) Address for service to be on notice of motion.
(7) Mode of service when no address given.
(8) Further appeal.
PLANS OF MINES
41 Keeping of up-to-date plans.
(2) Production of plans.
(3) Copies to chief mining engineer.
(4) Submission of underground plans before closure of mine.
(5) Submission of surface plans.
(6) Permanent record.
(7) Access to plans.
(8) Access to plans in certain uses.
(9) Safekeeping of plans, etc.
MINE RESCUE STATIONS AND CREWS
42 Establishment of mine rescue stations.
(2) Application of Regulations Act.
(3) Costs.
(4) Employee in charge of station.
(5) Mine rescue crews.
(6) Supervision of mine rescue crews.
STATISTICAL RETURNS
43 Owner or agent to file annual returns.
(2) Metalliferous mines to make monthly returns.
(3) Forms.
(4) Non-compliance and false returns.
44 Appointment of inspectors.
POWERS AND DUTIES OF INSPECTORS
45 Powers of inspectors.
(2) Offences.
(3) Production of identification.
46 Report and inquiry re accidents in mines.
(2) Power of inspector in conducting inquiry.
47 Report of dangerous conditions by employee.
(2) Inspector to examine.
(3) Employee not to be dismissed, etc. for reporting conditions.
(4) Reinstatement of employee.
(5) Dangerous or unsafe condition.
(6) Supervisor not to require employee to work under unsafe conditions.
(7) Offence and penalty.
(8) Employee subject to certain discipline.
OFFENCES, PENALTIES AND PROSECUTIONS
48 Description of offences.
49 Offence and penalty.
(2) Further offences.
(3) General offence.
(4) Additional penalty.
50 Laying informations.
MISCELLANEOUS
51 Minister may grant relief from forfeiture.
52 Damage to claims of others.
53 Program for protection of surface of lands.
(2) Condition of environment on abandonment of mine.
(3) Inspector may cause rehabilitation work.
(4) Dangerous conditions at abandoned mine.
(5) Minister may correct dangerous condition.
(6) Where minerals vested in Crown.
(7) Costs as debt to Crown.
(8) Interest on debt.
(9) Charging debt against deposit.
(10) Certification of debt
(11) Realization of lien.
(12) Insolvency of debtor.
(13) Non-cancellation of right to operate mineral location.
(14) Release of lien.
(15) Cancellation not to relieve debt.
54 Ex officio justices of the peace.
55 Director not to divulge certain information.
56 Previously acquired rights not affected.
57 Affidavits.
58 Right to construct public roads not affected.
59 Rights-of-way for transmission lines.
PART II
OIL AND GAS CONSERVATION
60 Definitions.
61 Intention, purpose, and object of Part.
(2) Application of Part.
OIL AND GAS CONSERVATION BOARD
62 Continuation of board.
(2) Membership.
(3) Vacancies.
(4) Acting members.
(5) Quorum.
(6) Personal interest of member in matter before board.
(7) Records of board.
(8) Powers of board.
(9) Specific powers.
(10) Order to shut down well.
(11) Inquiry before making of order.
(12) Order without notice.
(13) Expiry of order.
(14) Inquiries and investigation.
(15) Statistical returns.
(16) Jurisdiction.
(17) Indemnity.
(18) Notices required.
(19) Substitutional service.
(20) Application to vary order where notice not given.
(21) Application of sections 35, 36, 38 and 39.
(22) Access to wells and records, etc.
(23) Production of authority.
(24) Duty of operators, etc.
(25) Offence.
(26) Board's decision final.
REGULATIONS
63 Powers of Lieutenant Governor in Council.
(2) Orders to enforce regulations.
APPEALS
64 Appeals from board.
(2) Evidence on appeal.
(3) Procedure on appeal.
(4) Extension of time for service.
(5) Where notice not given.
(6) Address for service to be on notice of motion.
(7) Mode of service when no address given.
(8) Further appeal.
COMMON PURCHASERS
65 Designation of common purchasers and requirements respecting them.
(2) Saving clause.
TAKING OVER WELLS
66 Seizure and control of wells.
(2) Duty of employees.
(3) Disposal of oil and gas and accounting therefor.
(4) Cost.
(5) Payments by board from proceeds of production.
(6) Payment of proceeds.
(7) Balance of costs.
PART III
POOLING AND UNITIZATION
67 Pooling agreement.
68 Application for pooling order.
(2) Applications.
(3) Hearing and notice.
(4) Order.
(5) Provisions of order.
(6) Owner's share of cost not recoverable from other owners.
(7) Effect of shut-in or capped well royalty.
(8) Determination of shut-in or capped well royalties.
69 Effect of pooling order.
(2) Deemed production.
70 Pooling order on capped wells.
(2) Effect of order.
71 Application to vary pooling order.
(2) Order an application to amend.
72 Actual cost of drilling well.
73 Dispute as to cost.
UNITIZATION AGREEMENTS
74 Board to encourage unitization.
(2) Approval of board for unitization agreement.
(3) Agreement of royalty owners.
(4) Performance by unit operator.
75 Crown as party to unitization agreement.
(2) Crown royalty agreement.
UNITIZATION ORDERS
76 Hearing with respect to unitization.
(2) Application to be accompanied by plan.
(3) Unitization order.
(4) Provisions of order.
(5) Appointment of unit operator by board.
77 Limitation on board in making unitization order.
78 Provisions for limiting re-hearings.
(2) Application for re-hearing where no limitation.
(3) Application for re-hearing where limitations set.
(4) Re-hearing on application.
(5) Amending order.
79 Application to add to unit area.
(2) Hearing.
(3) Order adding to unit area.
(4) Provisions of order.
80 Joining unit areas.
81 Order on motion of board.
82 Operation in unit area.
(2) Unit operator to comply with order.
(3) Unit operator may act in his own name.
(4) Property acquired by unit operator.
83 Effect of unitization orders and agreements.
(2) Recovery of owner's share of cost.
84 Operator of spacing unit may agree to unitization.
(2) Operator etc. deemed sole royalty owner.
85 Pooled spacing unit in unit area.
86 Effect of unitization orders.
(2) Deemed production.
GENERAL
87 Missing owner's share.
88 Disputed share.
89 Effect of payment to trust co.
90 Filing agreements or orders.
(2) Duty of registrar.
(3) Effect of filing.
(4) Filing cancellation order.
(5) Filing amending orders.
91 Agreement for injection, etc.
92 Offence and penalty.
93 Injunction against committing offence.
(2) Method of bringing motion for injunction.
(3) Injunction not substitution for prosecution.
94 Repeal.
95 Commencement.