Bill 60 — First Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill 60 Surface Rights Act (Legislature 20, Session 1)

L20 S1 3680

Alberta — Bills

1983 BILL 60 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 60 SURFACE RIGHTS ACT THE MINISTER OF AGRICULTURE First Reading Second Reading Committee ofthe Whole Third Reading Royal Assent

Bill 60 BILL 60 1983 SURFACE RIGHTS ACT (Assented to , 1983) TABLE OF CONTENTS

Definitions 1 Application of Act 2 Surface Rights Board 3 Staff 4 Duties of secretary 5 Annual report 6 Board meetings 7 Powers and duties of Board 8 Powers of members 9 Member absent 10 Signing of orders etc. 11 Right of entry 12 Right of entry for conservation scheme 13 Surveys 14 Application for right of entry order 15 Ri^ts conferred by order 16 Entry on Crown land before survey 17 Joint use of land 18 Entry fee 19 Prepayment of compensation 20 Exemption 21 Payment to Board 22 Compensation hearing 23 Inspection 24 Determining compensation 25 Appeal of compensation order 26 Review of compensation order 27 Review of pre-1972 compensation orders 2 8 Review of compensation under certain surface leases 29 Review of compensation under older surface leases 30 Termination of right of entry order 31 Rehearings 32 Settlement of disputes 33 Copies of orders 34 Certified copy as evidence 35 Filing of order in Court 36 Registration of order in land titles office 37 Order need not show jurisdiction 38 Recovery of compensation 39 Board exempt from fees ^^ Unauthorized land use ^^ Costs 42

Service of documents 43 Regulations 44 Repeal 45 Coming into force 46 HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as foUows:

Definitions 1 In this Act, (a) "Board" means the Surface Rights Board; (b) "compensation order" means an order providing for the pay ment of compensation and made (

i) under this Act or a former Act, or (ii) by the Board of PubUc Utility Commissioners or a dis trict court judge under regulations established pursuant to The Provincial Lands Act prescribing the conditions under which right of entry may be obtained on land; (c) "Crown" means the Crown in right of Alberta; (d) "former Act" means The Right of Entry Arbitration Act,

chapter 24 ofthe Statutes of Alberta, 1947, The Right of Entry Arbitration Act, 1952,

chapter 79 ofthe Statutes of Alberta, 1952, The Right of Entry Arbitration Act,

chapter 290 of the Revised Statutes of Alberta, 1955 and

chapter 322 ofthe Revised Statutes of Alberta 1970 and the Surface Rights Act,

chapter 91 of the Statutes of Alberta, 1972 and

chapter S-27 ofthe Revised Statutes of Alberta 1980; (e) "minerals" means aU naturaUy occurring minerals and, with out restricting the generality of the foregoing, includes gold, sil ver, uranium, platinum, pitchblende, radium, precious stones, copper, iron, tin, zinc, asbestos, salts, sulphur, petroleum, oil, asphalt, bituminous sands, oil sands, natural gas, coal, anhydrite, barite, bauxite, bentonite, diatomite, dolomite, epsomite, granite, gypsum, Umestone, marble, mica, mirabiUte, potash, quartz rock, rock phosphate, sandstone, serpentine, shale, slate, talc, thenar- dite, trona, volcanic ash, sand, gravel, clay and marl, but does not include (

i) sand and gravel or clay and marl that belong to the owner ofthe surface of land under the Law of Property Act, or (

u) peat on the surface of land and peat obtained by stripping off the overburden, excavating from the surface, or otherwise recovered by surface operations; (0 "Minister" means the Minister of Agriculture; (g) "occupant" means (

i) a person, other than the owner, who is in actual possession of land,

(

u) a person who is shown on a certificate of title under the Land Titles Act as having an interest in land, (iii) an operator granted right of entry in respect of land pur suant to a right of entry order, or (iv) in the case of Crown land, a person shown on the records of the department or other body administering the land as having an interest in the land; (h) "operator" means (

i) the person or unincorporated group of persons having the right to a mineral or the right to work it, or the agent of such a person or group of persons, or (ii) with reference to a pipeUne, power transmission line or telephone line, the person empowered to acquire an interest in land for the purpose of the pipeline, power transmission line or telephone line under the Pipeline Act, the Hydro and Electric Energy Act or the Water, Gas, Electric and Telephone Companies Act, as the case may be; (i) "owner" means (

i) the person in whose name a certificate of title to land is issued under the Land Titles Act, or (ii) if no certificate of tide to the land is issued, the Crown or other body administering the land; (j) "pipeline" means (

i) a pipeline as defined in the Pipeline Act and to which that Act applies, or (ii) mains, pipes or other devices (

A) that are required for conveying, transmitting, supply ing or distributing gas or water or sewage services, and (

B) to which sections 30 to 32 ofthe Water, Gas, Electric and Telephone Companies Act apply; (k) "power transmission Une" means (

i) a transmission line as defined in the Hydro and Electric Energy Act and to which that Act appUes, or (

u) wires, conductors, poles or other devices (

A) that are required for conveying, transmitting, supply ing or distributing electricity, and (

B) to which sections 30 to 32 ofthe Water, Gas, Electric and Telephone Companies Act apply; (1) "respondent" means an owner or occupant named as a re spondent in an appUcation to or in an order ofthe Board;

Application of Act Surface Rights Board (m) "right of entry" means the right of entry, user and taking of the surface of land; (n) "right of entry order" means an order granting right of entry and made (

i) under this Act or a former Act, or (ii) by the Board of PubUc Utility Commissioners or a dis trict court judge under regulations estabUshed pursuant to The Provincial Lands Act prescribing the conditions under which right of entry may be obtained on land; (o) "surface lease" means a lease or other instrument under which the surface of land is being held for any purpose for which a right of entry order may be made under this Act and that provides for payment of compensation; (p) "telephone line" means wires, conductors, poles or other de vices (

i) that are required for conveying, transmitting, supplying or distributing telephone services, and (

u) to which sections 30 to 32 ofthe Water, Gas, Electric and Telephone Companies Act apply; (q) "vacant Crown land" means the surface of land owned by the Crown and in which no other person has any interest. 2(1) This Act appUes to aU land in Alberta.

(2) If there is a conflict between this Act and anything contained in any grant, conveyance, lease, Ucence or other instrument, whether made before or after the coming into force of this Act, with respect to right of entry in respect of the surface of any land incidental to any operations conceming mining, drilling, pipelines, power trans mission lines or telephone lines, this Act prevails. 3(1) The Surface Rights Board estabUshed under the Surface Rights Act,

chapter S-27 ofthe Revised Statutes of Alberta 1980, is contin ued.

(2) The Board shaU consist of the members appomted by the Lieu tenant Govemor in Council.

(3) The Lieutenant Govemor in Council may from time to time nominate 1 or more persons from among whom acting members of the Board may be selected.

(4) When in his opinion it is necessary or desirable for the proper and expeditious performance of the Board's duties, the chainnan may name a person nominated under subsection (3) as an acting member for a period of time, during any circumstance or for the purpose of any matter before the Board.

(5) An acting member has, during the period, under the circum stances or for the purpose for which he is named an acting member,

Staff Duties of secretary all the powers of and may perform aU duties of a member of the Board.

(6) The Lieutenant Govemor in Council shall designate 1 member ofthe Board as chairman and not more than 2 members ofthe Board as vice-chairmen of the Board to act in the absence or inability to act of the chairman.

(7) The chairman and each member of the Board shall receive the remuneration that is fixed by the Lieutenant Govemor in Council. 4 In accordance with the Public Service Act there may be appointed a secretary, an assistant secretary, inspectors, land examiners and any other employees required to carry on the business of the Board. 5(1) The secretary ofthe Board shaU (

a) keep properly authenticated copies of every order made by the Board; (

b) have the custody and care of aU records and documents be longing to or pertaining to the Board and filed with the Board; (

c) ensure that every order made by the Board is drawn pursuant to the direction of the Board and properly authenticated; (

d) deUver to any person on request and on payment of the pre scribed fee a certified copy of any order made by the Board; (

e) perform any other duties that may from time to time be as signed or aUocated to him by the Board; (

f) obey aU rules and directions given by the Board relating to the duties of the secretary.

(2) The assistant secretary ofthe Board may, subject to the direction of the Board, exercise and perform any of the powers and duties of the secretary. Annual report Board meetings Powers and JUlies of Board 6 The Board shaU submit to the Minister in the month of January in each year a report (

a) showing briefly aU applications dealt with during the previous year and how they were disposed of, and (

b) respecting any other matters the Minister requests. 7 The Board may make rules respecting the caUing and holding of its business meetings. 8(1) The Board may hold its sittings at any place or places in Alberta that it from time to time considers expedient.

(2) The Board shaU (

a) make rules of procedure and practice goveming hearings, in quiries and proceedings conducted by it and regulating the places and times of its sittings, and

(

b) keep records of its hearings, inquiries and proceedings.

(3) In conducting a hearing or inquiry, the Board (

a) shaU proceed in accordance with its rules of procedure and practice; (

b) is not bound by the rules of law conceming evidence; (

c) may adjoum the hearing or inquiry from time to time for any length of time the Board considers advisable; (

d) has the rights, powers and immunities conferred on a com missioner under the Public Inquiries Act.

(4) The Board has any other powers and duties assigned to it by the Lieutenant Govemor in Council. Powers of members Member absent Signing of orders etc. 9(1) Any 3 members may perform any function of the Board and when performing that function have all the powers, duties, immuni ties and jurisdiction of the Board.

(2) Notwithstanding anything in this Act, 1 member may perform any function of the Board (

a) when the other member or members ofthe Board cannot act by reason of disabiUty or of being absent on vacation or on leave of absence, (

b) in dealing with an appUcation under and making a right of entry order pursuant to

section 15(4)(a), (

c) in making an order terminating a right of entry order pur suant to

section 31(5), (

d) in any proceedings pertaining to the determination of com pensation in cases involving vacant Crown land, or (

e) with the consent ofthe operator and the respondent, in any proceedings where the matter in issue is the amount of compen sation payable by an operator or the person to whom the com pensation is payable, and when performing that function that member has all the powers, duties, immunities and jurisdiction of the Board. 10 Where a hearing or inquiry is conducted by the Board and a member or members of the Board do not for any reason attend on any day or part of a day, the other member or members who are sitting on the hearing or inquiry may, if they constitute a quorum, continue the hearing or inquiry as fuUy and effectively as though the member or members were present. 11(1) Any order, direction or other document issued or made by the Board may be signed on behalf of the Board by the chainnan or any other member of the Board, whether or not the person so

participated in any proceedings giving rise to the order, direction or document.

(2) An order, direction or other document purporting to be signed by the chairman or a member of the Board on behalf of the Board shaU be admitted in evidence as prima facie proof (

a) that the order, direction or document is the act ofthe Board, and (

b) that the person signing it was authorized to do so, without proof of the appointment of the person so signing as chair man or a member of the Board, as the case may be, or of his signa ture. Right of entry 12(1) No Operator has a right of entry in respect ofthe surface of any land (

a) for the removal of minerals contained in or underlying the surface of that land or for or incidental to any mining or drilling operations, (

b) for the construction of tanks, stations and structures for or in coimection with a mining or drilling operation, or the production of minerals, or for or incidental to the operation of those tanks, stations and structures, (

c) for the construction of a pipeline, or for or incidental to the operation of a pipeline, (

d) for the construction of a power transmission line, or for or incidental to the operation of a power transmission line, or (

e) for the construction of a telephone line, or for or incidental to the operation of a telephone line, until the operator has obtained the consent of the owner and the occupant ofthe surface ofthe land or has become entitled to right of entry by reason of an order ofthe Board pursuant to this Act.

(2) Notwithstanding anything contained in a grant, conveyance, lease, licence or other instrument, whether made before or after the com mencement of this Act, and pertaining to the acquisition of an inter est in a mineral, an operator does not thereby obtain the right of entry in respect of the surface of any land unless the grant, convey ance, lease, Ucence or other instrument provides a specific separate sum in consideration for the right of entry ofthe surface required for his operations, but this subsection does not apply in a case where the operator, prior to July 1, 1952, has for any ofthe purposes referred to in subsection (1) exercised the right of entry in respect of the surface of land in accordance with the provisions of a grant, convey ance, lease, Ucence or other instrument.

(3) The Board may make an order granting right of entry in respect ofthe surface of

(

a) the land in which the operator or his principal has the right to a mineral or the right to work a mineral, and (

b) any other land that is necessary (

i) for a road to connect the operator's mining or drilling operations located on adjacent land and to permit the oper ations to be operated jointly, and for the tanks, stations and structures to be used in the operations, (

u) to give the operator access to his mining or drilling op erations fi-om a pubhc roadway or other pubhc way, and egress from the operations to the pubhc roadway or other public way, or (ui) in the case of oil sands operations, (

A) for a road or roads to give the operator additional access to and egress from the operations, (

B) for the disposal of overburden incidental to the op erations, or (

C) for the disposal of tailings and other materials resuU- ing from the operations, irrespective of whether or not the owner or occupant ofthe other land is the owner or occupant ofthe surface ofthe land in which the operator or his principal has the right to the mineral or the right to work the mineral.

(4) When (

a) a Ucence has been obtained to drill a weU for the removal of a mineral contained in or underlying the surface of a tract of land, and (

b) the orifice ofthe weU wiU be located outside the tract, the Board may make an order granting right of entry in respect of the surface of land outside the tract in the same manner and to the same extent as if the land were within the tract, irrespective of whether or not the owner or occupant of the surface of the land outside the tract is the owner or occupant ofthe surface of land within the tract.

Right of entry for 13(1) Whcu the surfacc of any land is required for the drilling or schem7"°" Operating of a weU, or for the necessary installations at or pipelines to or fi-om a weU, the Board may make an order granting right of entry in respect ofthe surface ofthe land where the weU is to be used for the purpose of (

a) repressuring, recycling or pressure maintenance in a petro leum or natural gas field, pool or area, (

b) the storage or disposal of (

i) natural gas, 8

(ii) processed or treated natural gas, or (ui) products of petroleum or natural gas, (

c) the storage and disposal of water or any other substance pro duced from or to be injected in an underground formation, or (

d) obtaining water for any operation mentioned in clause (a), (

b) or (c).

(2) When right of entry has been acquired by an operator under a right of entry order for any purpose mentioned in subsection (1), the operator has right of entry in respect of the surface of the land for any ofthe purposes mentioned in

section 12(1).

(3) When right of entry has been acquired by an operator under a right of entry order for any purpose mentioned in

section 12(1), the operator has right of entry in respect of the surface of the land for any ofthe purposes mentioned in subsection (1) of this section.

(4) The provisions of this Act goveming right of entry in respect of the surface of land for any purpose mentioned in

section 12(1) apply in so far as they are appUcable to an application or an order for right of entry in respect of the surface of land for any of the purposes mentioned in subsection (1) of this section. Surveys 14(1) Notwithstanding

section 12(1) and (2) but subject to subsection (2) of this section, an operator proposing to imdertake any of the operations mentioned in this Act, or any person employed or en gaged by him, may enter on any Crown or other land for the purpose of (

a) making surveys or examinations on the surface of the land for fixing the site of the operation, and (

b) setting out and ascertaining those portions of the surface of the land that are incidental to or necessary for the operation.

(2) An operator or any person employed or engaged by him who desires to enter on any land other than vacant Crown land for any ofthe purposes mentioned in subsection (1) shall make a reasonable attempt to give notice thereof to the person in possession ofthe land before entering on it and the operator is liable to the owner or the occupant ofthe land, as the case may be, for any damage caused by him or that other person.

(3) The Court of Queen's Bench may, on appUcation by the operator by way of originating notice, make any order that may be necessary to enable the operator or any person employed or engaged by the operator to exercise his rights under subsection (1). ft'of''°" ^°' ^^^^) y^en the surface of any land required by an operator for any right of entry order ofthe purposes mentioned in this Act is owned by the Crown or any other person, and the operator cannot acquire the consent of the owner and the occupant as required by

section 12, the operator may apply to the Board for a right of entry order in respect ofthe surface 9

of the land that may be necessary for the performance of his opera tions.

(2) An appUcation for a right of entry order must be in the prescribed form and be accompanied by (

a) a copy ofthe most recent written offer made by the operator to the respondent and evidence satisfactory to the Board that the offer has been refused, and (

b) any other information required by the regulations.

(3) Where the Board receives an appUcation and the operations in respect of which the application is made require a licence, permit or other approval from the Energy Resources Conservation Board, the Surface Rights Board may request the Energy Resources Conserva tion Board to provide it with a copy of the Ucence, permit or other approval together with any other information in the Energy Re sources Conservation Board's possession that is relevant to the right of entry, and the Energy Resources Conservation Board shall forth with comply with the request.

(4) On receipt of an appUcation under subsection (1) the Surface Rights Board may, if it considers it appropriate to do so, make a right of entry order (

a) on the operator fiUng with the Board a letter of consent in the prescribed form signed by the respondents, or (

b) not less than 14 days after the date of service by the Board on the respondents of (

i) a notice in the prescribed form, and (

u) a copy of the application.

(5) When the Board receives an objection after the serving of the notice referred to in subsection (4)(b)(i), the Board may hold a hear ing with respect to the appUcation and objection at a time and place that the Board considers advisable.

(6) Where the Board makes a right of entry order under this section, it (

a) shaU describe the portion of the surface of the land that is necessary for the performance ofthe operator's operations, and (

b) may make the order subject to any conditions it considers appropriate, but where the activity the operator proposes to engage in is the sub ject of a Ucence, pennit or other approval granted by the Energy Resources Conservation Board, and that board has provided the Sur face Rights Board with a copy of the Ucence, permit or other ap proval pursuant to subsection (3), the Surface Rights Board shall ensure that the right of entry order is not inconsistent with the lic ence, permit or other approval. 10

btrder'^'''^'' 16(1) A right ofentry order vests in the Operator, (

a) unless otherwise provided in the order, the exclusive right, title and interest in the surface ofthe land in respect of which the order is granted, other than (

i) the right to a certificate of tide issued pursuant to the Land Titles Act, and (

u) the right to carry away from the land any sand, gravel, clay or marl or any other substance forming part of the sur face of the land, and (

b) to the extent necessary for his operations, the right to exca vate or otherwise disturb any minerals within, on or under the land without permission from or compensation to the Crown or any other person with respect to those minerals.

(2) When an operator in his appUcation represents that subsidence of the surface of the land may result from the mining of coal, the order of the Board may grant the right to disturb or interfere with the surface of the land irrespective of whether or not the operator will enter on the surface in conducting his operations. lEntry on Crown 17(1) Whcu thc right of cutry required by an operator relates to land before survey (

a) vacant Crown land, or (

b) land held of the Crown under a disposition that does not contemplate the issue of a certificate of title, the appUcation for a right of entry order may be accompanied by a plan or map satisfactory to the Board showing (

c) the proposed location of the land in which the right of entry is required with its approximate dimensions and coloured or out lined in red, and (

d) the quarter-sections, or what would be the quarter-sections if the land were surveyed under the Surveys Act, in which the land is situated.

(2) The Board may make an order granting the operator right of entry in respect of so much of the surface of any quarter-section shown on the plan or map accompanying the application as may be necessary for his operations, and the order may (

a) stipulate that a further plan satisfactory to the Board or a plan of survey of the surface of the land, or any part of it, in which right of entry has been acquired by the operator, be sub mitted to the Board within a specified time, and (

b) prescribe other terms and conditions. 18(1) Notwithstanding anything in this Act, an operator who has been granted a right ofentry order under

section 17 may enter into 11

an agreement with any other person with respect to the use of the surface of the land referred to in the order for so long as the order is in effect.

(2) When the other person referred to in subsection (1) is not himself an operator and is unable to reach an agreement pursuant to subsec tion (1) with the operator under the right ofentry order, that person may apply to the Board to have the right ofentry order amended for the purpose of conferring rights on the applicant with respect to the use by him of aU or part ofthe surface ofthe land to which the right of entry order relates.

(3) The Board may grant an appUcation under subsection (2) only if it is satisfied that (

a) the land can be used by the appUcant and the operator with out undue interference with the operator's operations, and (

b) having regard to aU the circumstances, it is fair and proper to grant the appUcation.

(4) When the Board grants an application under this section, it shall (

a) amend the right of entry order for the purpose of conferring on the appUcant the rights in respect of the use of the land that it considers appropriate in the circumstances, and (

b) make an order determining the compensation payable by the appUcant to the operator for those rights.

(5) When an appUcation is granted under this section, the applicant shaU not be made a respondent under the order. Entry fee 19( 1) An Operator who proposes to exercise a right of entry on land, other than land owned by the Crown, for any of the purposes men tioned in

section 12(1) or 13(1) shaU pay (

a) to the lessor of the land, where the right of entry is to be exercised pursuant to a surface lease, or (

b) to the respondent or to the Board under

section 22, where the right of entry is to be exercised pursuant to a right of entry order an entry fee in an amount equal to the lesser of (c) $5000, or (d) $500 per acre granted to the operator, or a proportionate amount, not to be less than $250, where the land granted to the operator is less than 1 acre, calculated in respect of each titled unit of the respondent that con tains land that is granted to the operator.

(2) Subject to

section 14, the operator shaU not exercise his right of entry until the money required by subsection (1) to be paid has been paid. 12

Prepayment of compensation Exemption Payment to Board -ompensation iiearing

(3) An entry fee payable pursuant to this

section is in addition to any compensation payable in respect of the right of entry. 20(1) The operator shaU pay to the respondent or to the Board under

section 22, as part payment of the compensation payable to the re spondent, a sum of money equal to 80% ofthe compensation offered in the written offer filed with the appUcation in respect of the first compensation year ofthe term ofthe right ofentry order and, subject to

section 14, the operator shaU not exercise his right ofentry until the money has been paid.

(2) A payment made under subsection (1) must be based on the factors set out in

section 25(1) to the extent that those factors are within the knowledge of or reasonably available to the operator. 21 Sections 19 and 20 do not apply to an operator that is (

a) a distributor as defined in the Rural Gas Act, or (

b) an association as defined in the Rural Electrification Revolv ing Fund Act that constructs or operates works as defined in that Act. 22(1) Where the operator is unable to agree with the respondents (

a) as to which of the respondents is to receive all or part of the entry fee referred to in

section 19(1), or the part payment of compensation referred to in

section 20(1), or (

b) as to the percentage of the entry fee or part payment that each respondent is to receive, he shaU pay the money to the Board.

(2) Where money is paid to the Board under subsection (1), (

a) the Board shaU, in the case of a part payment of compensa tion, deal with it in accordance with

section 25(6), and (

b) in the case of an entry fee, the Board shaU, at the time it makes a compensation order, determine entitlement to the entry fee and pay it to the person entitled to it.

(3) A respondent may appeal a determination under subsection (2)(

b) as to the amount ofthe entry fee payable to any ofthe respondents or the person to whom the entry fee is payable, or both, in the same way as if the determination were a compensation order under

section 23. 23(1) Forthwith on making a right of entry order the Board shaU give notice to the operator and the respondent ofthe date on which it wUl hold a hearing to determine the amount of compensation payable and the persons to whom it is payable.

(2) The compensation hearing shaU be scheduled for a date that is not more than 30 days after the date the right of entry order was made. 1!1

Inspection Determining compensation

(3) The Board shall make a compensation order not more than 30 days after the date on which the compensation hearing is completed.

(4) On notice to the parties the Board may, if it considers it necessary to do so, extend the time limits referred to in subsections (2) and (3). 24(1) The Board may, in connection with a compensation hearing, and of its own volition or on the written request of any ofthe parties to the hearing, conduct an examination of any real or personal prop erty in respect of which a compensation order may be made in order to determine the amount of compensation payable.

(2) Subject to

section 9(2)(e), at least 2 members ofthe Board con vened to hold the compensation hearing shaU conduct the examma tion under subsection (1). 25(1) The Board, in determining the amount of compensation pay able, may consider (

a) the amount the land granted to the operator might be ex pected to reaUze if sold in the open market by a wiUing seUer to a wiUing buyer on the date the right ofentry order was made, (

b) the per acre value, on the date the right of entry order was made, ofthe titled unit in which the land granted to the operator is located, based on the highest approved use ofthe land, (

c) the loss of use by the owner or occupant of the area granted to the operator, (

d) the adverse effect of the area granted to the operator on the remaining land of the owner or occupant and the nuisance, m- convenience and noise that might be caused by or arise from or m connection with the operations of the operator, (

e) the damage to the land in the area granted to the operator that might be caused by the operations ofthe operator, and (

f) any other factors that the Board considers proper under the circumstances.

(2) The Board, in determining the amount of compensation payable, may ignore the residual and reversionary value to the owner or oc cupant of the land granted to the operator.

(3) Where an owner or purchaser of land is required to relocate his residence as a result ofthe making of a right ofentry order, the Board shaU, on appUcation and after determining the amount of compen sation payable, determine the additional amount that, in the opmion of the Board, is necessary in order to enable the owner or purchaser to relocate his residence in accommodation that is at least equivalent to the accommodation on the land in respect of which the right oi entry order is made.

(4) In fixing the additional amount of compensation under subsec tion (3), the Board shaU include the increase in cost between the date 14

on which the right of entry order was made and the time when the new accommodation can reasonably be obtained.

(5) In making a compensation order, the Board may also determine the amount of compensation payable by the operator (

a) for damage caused by or arising out of the operations of the operator to any land ofthe owner or occupant other than the area granted to the operator, if those operations were incidental to the operations of that operator on the area granted to him under the right of entry order, (

b) for the loss of or damage to Uvestock or other personal prop erty of the owner or occupant caused by or arising out of the operations of the operator, (

c) for time spent or expense incurred by the owner or occupant in recovering any of his Uvestock that have strayed due to

an act or omission of the operator, and shaU determine the person to whom the compensation is pay able.

(6) When the Board makes a compensation order, it shaU offset the amount paid as part payment of compensation to the respondent under

section 20 or to the Board under

section 22 against the total compensation it determines to be payable to the respondent, and (

a) in a case where the money was paid to the respondent under

section 20, (

i) if the amount the Board determines to be payable exceeds the amount paid, it shaU order the operator to pay the differ ence to the respondent, and (

u) if the amount paid exceeds the amount the Board deter mines to be payable, it shaU order the respondent to pay the difference to the operator, and (

b) in a case where the money was paid to the Board under

section 22, (

i) if the amount the Board determines to be payable exceeds the amount paid, it shaU pay to the respondent the money paid to the Board and order the operator to pay the difference to the respondent, and (

u) if the amount paid exceeds the amount the Board deter mines to be payable, it shaU pay to the respondent the money he is entitied to and refund the difference to the operator.

(7) In determining the amount of compensation payable, the Board may fix certain amounts payable in the manner and over the periods the Board decides.

(8) Notwithstanding any other Act, if no thoroughfare exists on a road aUowance prescribed under the Surveys Act and no disposition ofthe road aUowance has been made to any person, an operator has 15

the right to use the road aUowance for the purpose of gaining access to his drilling or mining operation without payment of compensation to the Crown or to the municipal corporation having the direction, control and management of the road aUowance.

(9) The Board may order the operator to pay interest on any or all ofthe compensation payable on and from the date the right ofentry order was made, at the Bank of Canada rate on the date the right of entry order was made. Appeal of 26(1) The operator or any respondent named in a compensation compensation order may appeal a compensation order made under this Act to the Court of Queen's Bench as to the amount of compensation payable or the person to whom the compensation is payable or both.

(2) In this section, "compensation order" includes (

a) an order of the Board to amend a compensation order in respect of the amount of compensation payable or the person to whom it is payable, and (

b) an order ofthe Board for the replacement of a compensation order, if the new compensation order results in a change as to the amount of compensation payable or the person to whom the compensation is payable.

(3) The party appealing shall (

a) within 30 days after the date on which he receives a copy of the compensation order, file a notice of appeal in the office ofthe clerk of the Court in the judicial district in which the land is situated, and (

b) not later than 10 days after the filing ofthe notice of appeal, serve the Board and the other parties to the compensation order appealed fi-om or their respective soUcitors with a copy of the notice of appeal.

(4) The Board, on being served with a copy of the notice of appeal, shaU forthwith transmit to the clerk ofthe Court a certified copy of (

a) the appUcation for the right ofentry order, (

b) the right ofentry order, (

c) the compensation order appealed fi-om, and (

d) the reasons given by the Board for its decision m making the compensation order.

(5) The clerk of the Court on receiving the certified copies of the documents referred to in subsection (4) shaU (

a) set down the appeal for hearing at the next sittings of the Court, and (

b) within 10 days after the appeal has been set down for hearing, notify the Board and the parties or their respective soUcitors of the date of the hearing. 16

(6) An appeal to the Court shaU be in the form of a new hearing.

(7) The Court (

a) has the power and jurisdiction of the Board in determining the amount of compensation payable and the person to whom the compensation is payable, (

b) shaU determine the amount of compensation payable and the person to whom the compensation is payable, (

c) shaU (

i) confirm the order ofthe Board, or (ii) direct that the compensation order be varied in accord ance with its judgment, and (

d) shaU make directions as to costs of the appeal in accordance with subsection (9).

(8) By leave of a judge ofthe Court of Appeal, any party may appeal from the judgment of the Court of Queen's Bench to the Court of Appeal and the rules and practice applicable to appeals to the Court of Appeal apply, except as to costs.

(9) The costs of an appeal under this section, (

a) when the appeal is by the operator, are payable by him on a soUcitor and cUent basis regardless of the result of the appeal, unless the Court finds special circumstances to justify it to award costs on any other basis, or (

b) when the appeal is by the owner or occupant, (

i) if the appeal is successftd, are payable by the operator on a soUcitor and cUent basis, and (

u) if the appeal is unsuccessful, are payable on a party and party basis to the party, if any, that the Court in its discretion may direct,

(10) A judgment of the Court of Queen's Bench or the Court of Appeal shaU be served on the Board, and the Board without any further hearing shaU vary its order in accordance with the judgment. |S^*nMtion ^^^^^ ^° ^^ section, "rate of compensation" means the amount of order '°" compensatiou payable on an annual or other periodic basis under a compensation order.

(2) This

section appUes only to compensation orders made (

a) under this Act, or (

b) after January 1, 1972 under a former Act. 17

(3) For the purposes of this

section the term of a compensation order shall be computed from the date the original right of entry order to which it relates is made.

(4) This

section shaU not be construed to Umit the powers of the Board under

section 32 to review, rescind, amend or replace com pensation orders.

(5) When a compensation order provides for the payment of com pensation on an annual or other periodic basis, the operator shall give a notice to the respondent (

a) on or within 30 days after the 4th anniversary ofthe date the right of entry order to which the compensation order relates is made, where the right of entry order (

i) is made after the coming into force of this section, or (

u) was made under a former Act, and the 4th anniversary of that date occurs after the coming into force of this section, or (

b) on or within 30 days after the coming into force of this sec tion, where the right of entry order to which the compensation order relates was made under a former Act and the 4th anniver sary of the date it was made occurred before the coming into force of this section.

(6) A notice under subsection (5) shaU state (

a) that the operator wishes to have the rate of compensation under the order reviewed, or (

b) that the respondent has a right to have the rate of compen sation under the order reviewed with respect to the compensation years ofthe term subsequent to the compensation year in which the notice is given.

(7) If either the operator or the respondent indicates pursuant to a notice under subsection (5) that he wishes to have the rate of com pensation reviewed, they shaU enter into negotiations in good faith for that purpose.

(8) When the operator and the respondent agree on a new rate of compensation under the compensation order, the operator and the respondent shaU notify the Board in writing of the rate agreed on, and the Board shaU vary the compensation order accordingly.

(9) If the operator and the respondent cannot, by the end of the compensation year in which the notice is given, agree on a new rate of compensation, the party desiring a review may make an applica tion to the Board for a review ofthe rate of compensation.

(10) The appUcation pursuant to subsection (9) shaU (

a) state the amount the appUcant beUeves to be a reasonable and fair rate of compensation, and 18

(

b) be accompanied by any documents or material the applicant considers to be relevant to the appUcation.

(11) On receipt of an appUcation pursuant to subsection (9), the Board shaU fix a date for the hearing of the application and notify the operator and the respondent of the date fixed.

(12) The Board shall hear the appUcation and, on conclusion ofthe hearing or as soon as is convenient thereafter, shaU make an order confirming or varying the rate of compensation payable under the compensation order in respect ofthe compensation years ofthe term subsequent to the compensation year in which the notice under sub section (5) was given.

(13) An order under subsection (12) may be appealed as though the order were a compensation order under

section 23.

(14) The operator shaU give a notice to the respondent that complies with subsection (6) on or within 30 days after every 5th aimiversary date after the date the notice under subsection (5) was given for as long as the compensation order is in effect, and subsections (7) to (13) apply to such a notice.

(15) If the operator fails to give a notice required by subsection (5) or (14), the respondent may, within a reasonable time after the fail ure, give a notice to the operator stating that he wishes to have the rate of compensation under the order reviewed, and in such a case (a) subsections (7) to (13) apply, (

b) the Board may, notwithstanding subsection (12), make its order regarding compensation effective from the same date it would have been effective if the operator had given the notice as required by subsection (5) or (14), and (

c) the Board may make any order regarding the payment of interest that it considers appropriate. Review of 28(1) In this section, "rate of compensation" means the amount of ompensation Compensation payable on an annual or other periodic basis under a compensation order in respect of the matters referred to in

section 25(l)(

c) and (d).

(2) This

section applies only to compensation orders made on or before January 1, 1972.

(3) For the purposes of this section, the term of a compensation order shaU be computed from the date an appUcation for review under subsection (4) is received by the Board.

(4) An operator or respondent may make appUcation to the Board for a review of a compensation order regarding the rate of compen sation under the order in respect of the years ofthe term subsequent to the year ofthe term in which the appUcation is made, whether or not at the time of the appUcation the compensation order contains provision for the payment of annual or other periodic compensation m respect ofthe matters referred to in

section 25(1 )(

c) and (d). 19 •rders

(5) The application pursuant to subsection (4) shall (

a) state the amount the appUcant beUeves to be a reasonable and fair rate of compensation, and (

b) be accompanied by any documents or material the applicant considers to be relevant to the application.

(6) The appUcant shaU give notice of the appUcation to the other party.

(7) On receipt of an application pursuant to subsection (4), the Board shaU fix a date for the hearing of the appUcation and notify the operator and the respondent of the date fixed.

(8) The Board shaU hear the appUcation and, on conclusion of the hearing or as soon as is convenient thereafter, shaU make an order fixing, confirming or varying the rate of compensation payable under the compensation order in respect ofthe years ofthe term subsequent to the year in which the appUcation is made.

(9) An order under subsection (8) may be appealed as though the order were a compensation order under

section 23.

(10) The operator shaU give a notice to the respondent that comphes with

section 27(6) on or within 30 days after every 5th anniversary date after the date the appUcation under subsection (4) of this

section was received by the Board for as long as the compensation order is in effect, and

section 27(4), (6) to (13) and (15) apply in such a case. Review of 29(1) In this section, compensation under certain / \ t4 »? . . surface leases (

a) Operator means an operator who is obligated to pay com pensation under a surface lease to a lessor, (b) "lessor" means a party to a surface lease who is entitled to receive compensation under that surface lease; (c) "rate of compensation" means the amount of compensation payable on an annual or other periodic basis under a surface lease.

(2) This

section appUes only to the foUowing classes of surface leases: (

a) surface leases that do not relate to pipelines, power transmis sion Unes or telephone lines, where the terms ofthe leases com mence on or after January 1, 1972; (

b) surface leases that relate to pipeUnes, power transmission Unes or telephone Unes, where the terms of the leases commence on or after January 1, 1977.

(3) When a surface lease provides for the payment of compensation on an annual or other periodic basis, the operator shaU give a notice to the lessor (

a) on or within 30 days after the 4th anniversary ofthe date the term of the surface lease commences where the term of the sur face lease 20

(

i) commences after the coming into force of this section, or (

u) commenced before the coming into force of this

section and the 4th anniversary ofthe date it commenced occurs after the coming into force of this section, or (

b) on or within 30 days after the coming into force of this sec tion, where the term of the surface lease commenced before the coming into force of this

section and the 4th anniversary of the date it commenced occurred before the coming into force of this section.

(4) A notice under subsection (3) shaU state (

a) that the operator wishes to have the rate of compensation under the surface lease reviewed, or (

b) that the lessor has a right to have the rate of compensation under the surface lease reviewed with respect to the compensation years ofthe term subsequent to the compensation year in which the notice is given.

(5) If either the operator or the lessor indicates pursuant to a notice under subsection (3) that he wishes to have the rate of compensation reviewed, they shaU enter into negotiations in good faith for that purpose.

(6) When the operator and the lessor agree on a new rate of compen sation under the surface lease, the operator and the lessor shaU amend the lease in accordance with their agreement or enter into a new lease.

(7) If the operator and the lessor cannot, by the end ofthe compen sation year in which the notice is given, agree on a new rate of compensation, the party desiring a review may make an application to the Board for a review ofthe rate of compensation.

(8) The appUcation pursuant to subsection (7) shaU set forth (

a) the name and address of the operator, (

b) the name and address of the lessor, (

c) the rate of compensation under the surface lease, and (

d) the amount the appUcant believes to be a reasonable and fair rate of compensation, and the appUcation shaU have attached to it a copy of the surface lease and may be accompanied by any other documents or material the appUcant considers to be relevant to the application.

(9) On receipt of an appUcation pursuant to subsection (7), the Board shaU fix a date for the hearing of the appUcation and notify the operator and the lessor ofthe date fixed.

(10) The Board shaU hear the application and, on conclusion ofthe hearing or as soon as is convenient thereafter, shaU make an order 21

Review of compensation under older surface leases confirming or varying the rate of compensation payable under the surface lease in respect of the compensation years of the term sub sequent to the compensation year in which the notice under subsec tion (3) was given,

(11) An order under subsection (10) may be appealed as though it were a compensation order under

section 23.

(12) When the Board makes an order varying the rate of compen sation, the order operates to amend the surface lease in respect ofthe rate of compensation under it, notwithstanding anything contained in the surface lease.

(13) The operator shaU give a notice to the lessor that comphes with subsection (4) on or within 30 days after every 5th anniversary date after the date the notice under subsection (3) was given for as long as the surface lease is in effect, and subsections (5) to (12) apply to such a notice.

(14) If the operator fails to give a notice required by subsection (3) or (13), the lessor may, within a reasonable time after the failure, give a notice to the operator stating that he wishes to have the rate of compensation under the surface lease reviewed, and in such a case (a) subsections (5) to (12) apply, (

b) the Board may, notwithstanding subsection (10), make its order regarding compensation effective from the same date it would have been effective if the operator had given the notice as required by subsection (3) or (13), and (

c) the Board may make any order regarding the payment of interest that it considers appropriate. 30(1) In this section, (a) "operator" means an operator who is obUgated to pay com pensation under a surface lease to a lessor, (b) "lessor" means a party to a surface lease who is entitled to receive compensation under that surface lease; (c) "rate of compensation" means the amoimt of compensation payable on an annual or other periodic basis under a surface lease in respect ofthe matters referred to in

section 25(1 )(

c) and (d).

(2) This

section apphes only to the foUowing classes of surface leases: (

a) surface leases that do not relate to pipelines, power transmis sion Unes or telephone Unes, where the terms ofthe leases com mence before January 1, 1972; (

b) surface leases that relate to major power transmission line structures as defined or designated in the regulations, where the terms ofthe leases commence before January 1, 1977.

(3) For the purposes of this section, the term of a surface lease shall be computed from the date an appUcation for review under subsec tion (4) is received by the Board. 22

(4) An operator or lessor may make appUcation to the Board for a review of a surface lease regarding the rate of compensation under the lease in respect ofthe years ofthe term subsequent to the year of the term in which the appUcation is made, whether or not at the time of the appUcation the smface lease contains provision for the pay ment of annual or other periodic compensation in respect of the matters referred to in

section 25(1 )(

c) and (d),

(5) The application pursuant to subsection (4) shall set forth (

a) the name and address of the operator, (

b) the name and address ofthe lessor, (

c) the rate of compensation under the surface lease, if any, and (

d) the amount the appUcant beUeves to be a reasonable and fair rate of compensation, and the appUcation shaU have attached to it a copy of the surface lease and may be accompanied by any other documents or material the appUcant considers to be relevant to the appUcation.

(6) The appUcant shaU give notice of the apphcation to the other party.

(7) On receipt of an appUcation pursuant to subsection (4), the Board shall fix a date for the hearing of the appUcation and notify the operator and the lessor of the date fixed.

(8) The Board shaU hear the appUcation and, on conclusion of the hearing or as soon as is convenient thereafter, shaU make an order fixing, confirming or varying the rate of compensation payable under the surface lease in respect ofthe years ofthe term subsequent to the year in which the application is made.

(9) An order under subsection (8) may be appealed as though the order were a compensation order under

section 23.

(10) The operator shall give a notice to the lessor that compUes with

section 29(4) on or within 30 days after every 5th anniversary date after the date the appUcation imder subsection (4) of this

section was received by the Board for as long as the surface lease is in effect, and

section 29(4) to (12) and (14) apply in such a case. igMSm"°^ ^^^^^ ^*' ^* ^y ^^^^ ^^^ t^^ expiration of 2 months from the date prder " ^ of a right of cutry order, the operator has not commenced to use or has ceased to use the siuface of the land or any part of it, the oper ator, the owner or the occupant may request the Board for an order terminating the right ofentry order as to that land or part of it.

(2) On receipt of a request referred to in subsection (1), the Board (

a) shaU appoint a date for an inquiry into aU matters pertaining to the request, and (

b) may require notice ofthe inquiry to be given in a manner the Board directs. 23

Rehearings Settlement of disputes

(3) The Board shaU hold the inquiry and may make an order ter minating the right ofentry order as to the land or any part of it.

(4) The Board shaU not terminate the right of entry order as to the land or any part of it until a reclamation certificate has been issued for that land in any case to which the Land Surface Conservation and Reclamation Act appUes.

(5) When a reclamation certificate has been issued under the Land Surface Conservation and Reclamation Act as to the land or any part of it held under the right ofentry order, the Board may, without any inquiry, make an order terminating the right of entry order entirely or as to the part of the land to which the reclamation certificate relates, as the case may be.

(6) Notwithstanding anything in subsection (1), (2) or (3), if it is indicated to the Board that the termination of a right ofentry should be considered, the Board (

a) may inquire into the matter, and (

b) may, if the circumstances in the opinion of the Board so warrant, make an order terminating the right ofentry order as to the land or any part of it. 32 The Board may (

a) rehear an appUcation before deciding it; (

b) review, rescind, amend or replace a decision or order made by it; (

c) without a hearing, amend an order of the Board with respect to an operator or respondent named in it, (

i) when there is a change of operator, on receipt of evidence satisfactory to the Board ofthe change, or (

u) when there is a change as to the owner or occupant ofthe land, on receipt of proof of the change or on receipt of proof ofthe change and a proper assignment of compensation from the owner or occupant to the new owner or occupant; (

d) notwithstanding anything in this Act, and with or without a hearing, amend a compensation order to show as a respondent a person who is neither an owner or occupant of the land con cemed, and to make compensation payable to that person, when the Board is satisfied that that person is legaUy entitled to receive the compensation that would otherwise be payable to an owner or occupant. 33(1) Subject to subsections (2) to (4), the Board may hold a hearing and make an order with respect to a dispute between the operator and an owner or occupant who are parties to a surface lease or the operator and an owner or occupant under a right ofentry order as to the amount of compensation payable by the operator 24

(

a) for damage caused by or arising out of the operations ofthe operator to any land of the owner or occupant, (

b) for any loss or damage to livestock or other personal property of the owner or occupant arising out of the operations of the operator whether or not the land on which the loss or damage occurred is subject to the surface lease or right ofentry order, or (

c) for time spent or expense incurred by an owner or occupant in recovering any of his Uvestock that have strayed due to

an act or omission of the operator whether or not the act or omission occi^red on the land that is subject to the surface lease or right ofentry order.

(2) The Board has jurisdiction to hear and determine a dispute under this

section only if (

a) the appUcation is made in writing to the Board by a party to the dispute within 2 years of the last date on which damage is aUeged to have occurred, and (

b) the amount of compensation claimed by the owner or occu pant does not exceed $5000.

(3) This

section does not apply to a claim for compensation the amount of which may be determined by the Board under

section 25(4) or to a claim for compensation for damages agreed to be paid by the operator under the terms of a surface lease.

(4) An order under this

section may be appealed by the operator or the owner or occupant as though the order were a compensation order under

section 23. Copies of orders 34 Whcu the Board makes an order under this Act it shall, as soon as is convenient thereafter, give a copy ofthe order to the parties to the proceeding in which the order was made. Certified copy 35 A copy of an order of the Board, certified as a true copy by the asevi ence chairman or a member ofthe Board or the secretary, shall be admit ted in evidence as prima facie proof of the order by the Board, with out any proof of the appointment of the person so certifying or the authenticity of his signature or any other proof Tn Court""**' 36(1) A certified copy of a right of entry order may be filed in the office of the clerk of the Court of Queen's Bench.

(2) On payment ofthe fees prescribed by law, a right ofentry order filed under subsection (1) may be enforced by (

a) the sheriff or the sherifTs baiUff, or (

b) any other person under the written direction of the sheriff, in the same manner as a writ of possession issued on the order of the Court of Queen's Bench.

(3) A certified copy of a compensation order may be filed in the office ofthe clerk ofthe Court of Queen's Bench. 25

Registration of order in land titles office

(4) On payment of the fees prescribed by law, a compensation order filed under subsection (3) shaU be entered as a judgment ofthe Court and may be enforced according to the ordinary procedure for en forcement of a judgment ofthe Court. 37(1) An order of the Board or a certified copy of it may be filed with the Registrar of Land Titles for the appropriate land registration district and, on payment ofthe proper fee, the Registrar shall register the order and endorse a memorandum of its registration on the cer tificate of title to the land affected.

(2) When a certificate of title to land is endorsed with a memoran dum ofthe registration of an order ofthe Board and a notice is given to the Registrar of Land Titles for the appropriate land registration district by a member of the Board stating that no part of the land described in the certificate is, according to the records of the Board, affected by the order referred to in the memorandum, the notice may be registered by the Registrar without fee, and on registration the endorsement of the memorandum on the certificate of title shall be canceUed.

Order need not show jurisdiction 38 An order of the Board need not show on its face that any pro ceedings were taken or notice given or that any circumstances existed necessary to give the Board jurisdiction to make the order. Recovery of compjensation Board exempt from fees Unauthorized land use 39(1) When an operator fails to pay, within 30 days foUowing the day on which it was due, any money under a compensation order or surface lease, the person entitled to receive the money may submit to the Board evidence of the faUure.

(2) When the evidence submitted is satisfactory in the opinion of the Board with respect to the faUure to pay, the Board may direct the Provincial Treasurer to pay out ofthe General Revenue Fund the amount of money to which the person is entitled.

(3) If the Provincial Treasurer pays money to a person under subsec tion (2), the amount paid thereby constitutes a debt owing by the operator to the Crown. 40(1) Every Registrar of Land Titles and every department of the Govemment shaU fiimish without charge to the Board any certifi cates and certified copies of documents that the Board requests in writing.

(2) The Board or a person authorized in writing by the Board may search at any time in the pubhc records of a land titles office without charge. 41 Notwithstanding the Petty Trespass Act, a person who, in the exercise of a right ofentry, enters on, uses or takes any ofthe surface of land in contravention of this Act (

a) shaU be deemed to have committed a trespass, and (

b) is Uable in damages or otherwise for the trespass to any per son who is the owner or the occupant entitled to the possession ofthe surface ofthe land. 26

„s,s 42(1) The costs of and incidental to the proceedings under this Act are in the discretion of the Board and may be fixed in any case at a sum certain or may be taxed.

(2) Without restricting the generality of subsection (1), the Board may make regulations (

a) estabUshing a

schedule of fees and other expenses incuned by a party in connection with proceedings before the Board that may be aUowed as part of that party's costs under this section, and (

b) respecting the circumstances under which the Board may aUow costs with respect to matters dealt with in the

schedule on a basis other than that prescribed in the schedule.

(3) The Board may order by whom the costs are to be taxed and allowed.

(4) The costs may include aU preUminary costs of the respondent necessarily incurred in reaching a decision whether or not to accept the compensation offered by the operator.

(5) When (

a) the Board makes a right of entry order, and (

b) the owner or occupant refiises to aUow the operator to enter on and use the land to which the operator is entitled as described in the order, the operator may apply to the Board to deduct from the compensa tion payable under the compensation order the costs incurred by the operator in and incidental to obtaining entry on and use of the land pursuant to the right of entry order.

(6) The amount of costs, if any, to be deducted under subsection (5) is in the discretion of the Board. tomem ^^^^} ^^^^^^ ^^^ ^^^ or the regulations provide for the giving or serving of an appUcation, notice, order or any other document, the appUcation, notice, order or other document is sufficientiy given to or served on the person to whom it is directed if it is (

a) personaUy served on him, or (

b) sent by registered maU addressed to him at his last known address,

(2) Where an appUcation, notice, order or any other document is to be given to or served on the Crown, it shaU be given to or served on (

a) a Deputy Minister ofthe department charged with the admin istration of the land to which the appUcation, notice, order or other document relates, and (

b) a Deputy Mmister of another department, where the title to the land to which the application, notice, order or other docu- 27

ment relates indicates that another department has an interest in the land. Regulations 44 The Minister may make regulations (

a) defining or designating major power transmission line struc tures for the purposes of

section 30(2)(b); (

b) regarding matters with respect to which a surface lease must make provision, and regulating the content of such provisions; (

c) prescribing forms for the purposes of this Act; (

d) for the purposes of

section 15(2)(

b) respecting information that must accompany an appUcation for a right of entry order, (

e) prescribing fees for the purposes of

section 5(1 )(d). Repeal 45 The Surfacc Rights Act, chaptcr S-27 of the Rcvlscd Stotutcs of Alberta 1980, is repealed. Coming into 46(1) Subjcct to subsectiou (2) this Act comes into force on Procla- ^°'^^ mation.

(2) Sections 28 and 30 come into force on June 1, 1985. 28 Title: 1983 (20th, 1st) Bill 60, Surface Rights Act

Document details

Collection	Alberta — Bills
Citation	L20 S1 3680
Type	bill
Volume / chapter	L20 S1 3680
Language	en
Format	json
Source	PROVINCIAL
Identifier	86079290a63598dab15103cb49b49e7bb839e17b

Source file is stored in the law ingest library (json).