R.S.M. 1987, c. S235

The Surface Rights Act

Back to the Act

Table of Contents

1		Definitions.
PART I PURPOSES
2		Purposes of Act.
3		Crown bound.
4		Conflict with other Acts.
	(2)	Non-application to pipe line.
5		Conflict between Act and other instruments.
PART II SURFACE RIGHTS BOARD
6		Continuation of board.
	(2)	Term of office.
	(3)	Presiding and deputy presiding member.
	(4)	Remuneration and expenses.
	(5)	Meetings.
	(6)	Quorum.
	(7)	Validity of acts where a vacancy exists.
	(8)	Duties of presiding member and deputy presiding member.
	(9)	Evidence as to signature of presiding member, etc.
	(10)	Appointment of another person in case of interest.
	(11)	Appointment of substitute member.
	(12)	Appointment of secretary and employees.
7		Rules of board.
	(2)	Rules of evidence.
	(3)	Evidence under oath.
8		Sitting of and inspection by board.
9		Form of notice.
10		Duty to keep records.
11		Deposits with board.
12		General powers of board.
	(2)	Powers of board.
	(3)	Powers of board under Evidence Act.
	(4)	Application of section 86 of Evidence Act.
13		Liability of members, officers, etc.
14		Reports by one member.
15		Annual report.
PART III RIGHT OF ENTRY
16		Right of entry, right to land, etc.
	(2)	Form of surface rights lease.
	(3)	Waiting period.
	(4)	No waiver.
17		Application to board for surface right.
18		Board may by order grant rights.
	(2)	Order to specify rights granted.
19		Granting of rights on adjacent or other lands.
20		Compensation to be paid by operator.
21		Operator to file agreement with board.
	(2)	Leases or agreements available for inspection.
22		Board may determine compensation.
23		Application to board for hearing.
	(2)	Contents of notice.
	(3)	Deemed submission to board for hearing.
24		Service of notice.
	(2)	Effective date of service.
25		Notice of hearing.
	(2)	Board to view site.
	(3)	Notice of viewing.
	(4)	Powers of board following hearing.
	(5)	Restriction upon scope of order.
	(6)	Board may defer determination.
	(7)	Decision within 30 days.
26		Determination of compensation.
	(2)	Costs of hearing.
	(3)	Costs borne by operator.
	(4)	Rules and regulations.
27		Interim order.
	(2)	Undue hardship.
	(3)	Terms and conditions of interim order.
28		No duplicate compensation.
29		Application for variation of order.
30		Application for change in compensation after lease.
31		When applications for change not to be made.
32		Board to determine compensation.
33		Variation order to benefit current owner.
34		Unauthorized Acts.
35		Grant of interest in land.
	(2)	Compensation for exercise of rights.
	(3)	Board may determine compensation.
PART IV ABANDONMENT
36		Abandonment or surrender or rights.
37		Notice.
	(2)	Filing with board.
	(3)	Deposit upon notice of abandonment.
38		Restoration.
39		Effective date of abandonment or surrender.
40		Application where owner dissatisfied.
	(2)	Hearing before the board.
	(3)	Contents of order.
41		Power of board where operator satisfies obligations.
	(2)	Where no application under section 40.
	(3)	Termination of compensation.
42		Removal of caveats.
PART V LIABILITY FOR TORTIOUS ACTS
43		Definition.
44		Liability for certain tortious acts.
	(2)	Operator liable notwithstanding assignment of rights.
45		Notice of loss or damage to operator.
46		Determination of compensation where no agreement.
	(2)	Application of section 25 to hearing.
	(3)	Limitation on application under subsection (1).
	(4)	Claim barred where application is late.
47		Prima facie evidence of tortious act.
PART VI APPEAL
48		Appeal to Court of Appeal.
	(2)	Appeal to Court of Queen's Bench.
49		Leave to appeal.
	(2)	Order deemed to be notice of appeal.
	(3)	Application of Court of Appeal rules.
50		Stay of proceedings.
51		Applications for variation of Mining Board order.
PART VII GENERAL
52		Where owner or occupant cannot be found.
	(2)	Application to determine compensation.
	(3)	Retention of deposit.
	(4)	Application to mineral rights.
53		Compensation payment.
	(2)	Disposition of deposit.
	(3)	Deposit of money.
54		Rehearing of application re. compensation only.
55		Operator's responsibility to cut down weeds.
	(2)	Failure of operator to cut down weeds.
	(3)	Board may order operator to cut down weeds.
	(4)	Limitation on time of application to cut down weeds.
	(5)	Apportionment of compensation among operators.
56		Topsoil.
57		Termination of right of entry.
	(2)	Board to fix date of hearing.
	(3)	Order terminating right of entry.
	(4)	Consent of operator.
58		Enforcement of board order.
59		Filing and enforcement of order.
	(2)	Order as judgment of court.
60		Order of board need not show board's jurisdiction.
61		Assignment of order.
62		Service of copy of order.
63		Orders and agreements run with land.
64		Filing of caveat
	(2)	Address for service to be shown on caveat.
	(3)	Registering and vacating order under Registry Act.
	(4)	Costs of application.
65		No fees for certificates and documents.
66		Search of records without charge.
67		Penalty for failure to file agreement.
68		Regulations.