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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER C-42

AN ACT RESPECTING CROWN LANDS AND WATER POWER

Analysis

1. Short title

2. Definitions

3. Fees

PART I
LANDS FOR RESIDENCE, AGRICULTURE AND
INDUSTRY

4. Leases of Crown lands

5. Grants of Crown lands

6. Easements

7. Foreshore rights

8. Reservation of Crown lands

9. Survey and registration of plan

10. Cancellation of application

11. Lieutenant-Governor in Council may lay out lots for towns, villages, etc.

12. Lieutenant-Governor in Council may reserve lands for public purposes

13. Lieutenant-Governor in Council may set aside commons for pasturage

14. Prohibition of pasturage on abandoned islands

15. Crown lands under minister's control

16. Minerals, etc. reserved to Crown

17. Respecting the validity of certain leases and grants of land

18. Short-term permits

PART II
WATER POWERS

19. Leases of water powers

20. Data to be provided by the applicant

21. Elevations

22. Minister may require additional information

23. Notice of application and hearing of objections

24. Issue of interim licence

25. Deposit as guarantee of performance

26. Changes in plans

27. Access to works for purposes of inspection

28. Amendment of interim licence

29. Extension of time for construction

30. Notice of completion of initial development

31. Issue of final licence

32. Terms of final licence

33. Term of licence

34. Rental

35. Effectiveness of licence to authorize entry upon or use of lands

36. Right to flood public lands

37. Lands forming part of bed of waters

38. Roads or other public works not to be affected

39. Enforcement of full development of power to meet public demand

40. Increase in power development

41. Sale of power to the Crown

42. Proceedings in case of default of licensee

43. Acceptance of and undertaking to perform licence

44. Alteration of dates of payment of rentals, etc.

45. Temporary disposition of lands

46. Rules of procedure

47. Grants of easement

48. Construction of dams to be approved by government engineer

49. Small water powers

50. Assurances of land and rights in land

PART III
MISCELLANEOUS
PROVISIONS

51. Rights of way, etc. for mining purposes; arbitration

52. Titles issued not to be affected

53. Cancellation of vacant mining locations

54. Proof of records in department

55. Persons employed in department not to receive grants, etc.

56. Breeding of fish

57. Acquisition of rights for access to submarine mining location

58. Arbitration therefor

59. Arbitration Act

60. Deposit may be made in securities

61. Inspection of works

62. Correction of errors in fees

63. Correction of errors in case of inconsistent grants, etc.

64. Correction of clerical errors, etc.

65. Court may order delivery up of land

66. Rights of holders of grants, etc. and of minister for purposes of proceedings at law

67. Fee on issue of documents

68. Grant or lease not to issue until fees paid

69. Grant, lease, etc. not effective until delivery in fact

70. Certain acts or omissions not to be construed as waiver

71. Regulations

72. Execution and delivery of documents by minister

73. Application to be by petition; inspection of records

74. Annual report of minister

75. Entry on land

76. Interruption of surveyors

77. Report of surveyor

78. Notice to adverse claimant

79. Effect of adverse claim

80. Where minister claims land

81. Extension of time limit

82. Notice of application

83. Reservation of public right of way around waters

84. Construction, alteration or replacement of dams

85. Holders of land to keep land fenced or otherwise marked

86. Transfer of administration and control of Crown lands to specific ministers

87. Rights of non-residents and corporations

88. Lands reconveyed to Crown

89. Offence

90. Order to remove illegal structures

91. Possession does not run against the Crown

92. Powers and duties may be assigned

93. Penalties

PART IV
SETTING ASIDE,
ALTERING OR
AMENDING CROWN GRANTS

94. Definitions

95. Application to court

96. Notice to Attorney General

97. Parties

98. Default judgment

99. How case proceeds

100. Powers of court


Short title

1. This Act may be cited as the Crown Lands Act.

RSN1970 c71 s1

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Definitions

2. In this Act

(a) "control survey marker" means a marker which is installed in the ground by authority of the minister and the location of which is, or is proposed to be, derived from the Geodetic Survey of Canada;

(b) "court" means the Trial Division;

(c) "Crown lands" means

(i) all lands within the province except

(A) lands that may be in the use or occupation of a department of the government of the province or of an officer or employee of the government of the province in connection with his or her employment,

(B) lands that may have been lawfully set apart or appropriated for public purposes, and

(C) lands lawfully alienated from the Crown, and

(ii) lands considered to be Crown lands under section 88;

(d) "department" means the department of the government presided over by the minister administering the Parts or provisions of this Act in which the reference to department occurs;

(e) "judge" means a judge of the court;

(f) "mineral" has the meaning ascribed to it in the Mineral Act;

(g) "minister" means

(i) if this Act is to be administered by 1 minister of the Crown only, the minister designated by the Lieutenant-Governor in Council to administer this Act, or

(ii) where the Lieutenant-Governor in Council considers it advisable that some of the Parts or provisions of this Act be administered by 1 minister of the Crown and some by another minister of the Crown, the minister or ministers designated by the Lieutenant-Governor in Council to administer the Part or provisions of this Act in which the reference to minister occurs;

(h) "surface rights" means land lawfully held by a person other than the Crown where the minerals, limestone, granite, slate, marble, gypsum, marl, clay, sand, gravel, a building stone, volcanic ash, coal, oil, natural gas or salt on or under it are reserved to the Crown; and

(i) "surveyor" means a surveyor who is a registered member of the Association of Land Surveyors created by the Land Surveyors Act or a surveyor, not so being a member, who can lawfully be employed to make the survey in question.

RSN1970 c71 s2; 1973 No37 Sch;
1975-76 No44 s38; 1977 c34 Sch; 1977 c44 s1;
1979 c49 Sch A; 1983 c80 s1; 1986 c42 Sch;
1988 c43 Sch A; 1990 c58 s158(2)

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Fees

3. The Lieutenant-Governor in Council may by regulation prescribe the fees to be paid under this Act, except where specifically set out in the Act.

RSN1970 c71 s3

PART I
LANDS FOR RESIDENCE, AGRICULTURE AND INDUSTRY

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Leases of Crown lands

4. (1) The minister may issue a lease to a person of an area of Crown lands not exceeding 20 hectares for the period and upon the terms and conditions and subject to the payment of the rents, royalties or other charges that the minister may prescribe.

(2) The Lieutenant-Governor in Council may issue to a person a lease of an area of Crown lands in excess of 20 hectares for the period and upon the terms and conditions and subject to the payment of the rents, royalties or other charges that the Lieutenant-Governor in Council may prescribe.

1974 No85 s2

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Grants of Crown lands

5. (1) The minister may issue a grant to a person of an area of Crown lands not exceeding 20 hectares subject to the terms and conditions and for the consideration that the minister may prescribe.

(2) The Lieutenant-Governor in Council may issue to a person a grant of an area of Crown lands in excess of 20 hectares subject to the terms and conditions and for the consideration that the Lieutenant-Governor in Council may prescribe.

1974 No85 s2

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Easements

6. The minister may grant an easement to a person in, over or upon Crown lands for the purpose, for the period and upon the terms and conditions that the minister may prescribe.

1974 No85 s2

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Foreshore rights

7. (1) Where

(a) a person applies to the Lieutenant-Governor in Council representing himself or herself to require rights in the seashore or foreshore or in public waters and land under those waters in connection with an industrial undertaking; and

(b) no specific provision is made elsewhere in this Act for granting the use of that seashore or foreshore or public waters and land under those waters or an interest in them for such an undertaking,

the Lieutenant-Governor in Council may, by grant, lease or licence, that he or she considers appropriate, vest in the person a seashore or foreshore or public waters and land under those waters or the right to use the seashore, foreshore or public waters for the period and upon the terms and conditions that may be contained in the grant, lease or licence.

(2) The Lieutenant-Governor in Council, before issuing the grant, lease or licence, may require the applicant

(a) to show that the seashore or foreshore or public waters and lands under them are reasonably required for the purpose of the undertaking and that the granting of the grant, lease or licence is not calculated to cause undue injury to the rights of others;

(b) to show that there is no adverse claim or other reason why the grant, lease or licence should not be issued; and

(c) to provide the information that in the circumstances may be required.

1974 No85 s3

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Reservation of Crown lands

8. The Lieutenant-Governor in Council may by Order in Council published in the Gazette and in 1 or more issues of a newspaper published and circulating in the province

(a) reserve and set apart a seashore or foreshore or public waters and lands under them that may be considered useful for an undertaking referred to in section 7 and not held by a person under an existing grant, lease or licence;

(b) may prohibit or limit the use of the seashore, foreshore or public waters and lands under them by the public; and

(c) prescribe penalties for violation of the provisions of the order.

1974 No85 s3

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Survey and registration of plan

9. (1) Crown lands, in respect of which an application made under this Act has been approved in accordance with this Act, shall be surveyed to the satisfaction of the minister by a surveyor, and a plan together with the other information that the minister may require shall be registered in the department before the expiration of 12 months after the date of approval of the application.

(2) Notwithstanding subsection (1), where the minister considers it desirable, the time for registering the plan of the survey may be extended by him or her to a maximum of 24 months from the date of approval of the application upon written application to the minister made by the applicant before the expiration of the period of 12 months.

(3) All fees and amounts payable to the Crown on account of Crown lands in respect of which an application is made shall be paid before the issue of a grant, lease or licence of the lands and within 12 months after notice to the applicant of the approval of the Lieutenant-Governor in Council, or, where applicable, by the minister, of the application.

(4) Where a plan of the survey of the land referred to in and other information required under subsection (1) are not received at the department, and the fees referred to in subsection (3) are not paid, within the time limited by those subsections, the application is considered to have been cancelled by the applicant.

(5) No priority exists in respect of an application for Crown lands which are not surveyed, or upon which the fees and amounts referred to in subsection (3) were not paid within the time stated.

RSN1970 c71 s12

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Cancellation of application

10. (1) Where an applicant who has made an application for Crown lands receives title documents from the department and the applicant does not sign and return the documents together with the amount of a fee payable with respect to the application to the department within 90 days from the date of receipt by the applicant of the documents, the application is considered to have been cancelled by the applicant.

(2) Notwithstanding subsection (1), where the minister considers it desirable, the time for return of title documents and the payment of an applicable fee referred to in subsection (1) may be extended by him or her for a further 90 days upon written application being made to the minister by the applicant before the expiration of the period of 90 days referred to in subsection (1).

1983 c80 s2

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Lieutenant-Governor in Council may lay out lots for towns, villages, etc.

11. The Lieutenant-Governor in Council shall have power to set apart and withdraw from purchase tracts of land which it may be considered by him or her expedient to lay out for towns or villages, or other similar public purposes, and to survey and lay out tracts of land, and the lots so laid out may be sold at public auction after 1 month's notice in the Gazette and 1 other newspaper.

RSN1970 c71 s13

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Lieutenant-Governor in Council may reserve lands for public purposes

12. (1) The Lieutenant-Governor in Council may set apart and appropriate Crown lands that may be considered expedient for the sites of market places, public buildings, jails, court houses, places of public worship, cemeteries, schools, benevolent institutions, squares, parks, public or municipal housing projects, private non-profit or co-operative housing projects, urban developments or improvements to be carried out by a municipal authority, and for other purposes which in the opinion of the Lieutenant-Governor in Council may be for the public benefit.

(2) The Lieutenant-Governor in Council may before the issue of grants or leases referred to in subsection (1) alter or revoke an appropriation that he or she considers expedient, and may make free grants for a purpose referred to in subsection (1) of the lands so appropriated, the trusts and uses to which they are to be subjected being expressed in the lease or grants.

(3) Where the Crown lands to be set apart and appropriated under subsection (1) contain not more than 20 hectares, the minister may set aside and appropriate the Crown lands for the purposes and in the manner set out in this section.

RSN1970 c71 s14; 1979 c44 s1

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Lieutenant-Governor in Council may set aside commons for pasturage

13. The Lieutenant-Governor in Council shall have the power to set apart areas or tracts of Crown lands that may be considered necessary, to be used as commons for pasturage, subject to the rules, regulations and conditions that may be prescribed by the Lieutenant-Governor in Council.

RSN1970 c71 s16

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Prohibition of pasturage on abandoned islands

14. (1) Where an island formerly inhabited has been wholly or substantially abandoned by its inhabitants but there remains upon it private property, church property, cemeteries, or another thing which may be damaged by animals, the minister may by order declare that the pasturing of horses, cattle, sheep or swine upon it is prohibited until his or her further order and that animals on it be removed by their owners by a certain time.

(2) The minister shall give notice of his or her order in the locality in the manner that he or she thinks best.

(3) A person who sets animals referred to in subsection (1) on shore on such an island, or fails to remove immediately his or her animals which may be there at the time of the order, is guilty of an offence.

(4) An animal not removed by the time appointed under subsection (1), the owner of which cannot be found, may be impounded and removed and sold at auction by an officer authorized to do so by the minister, and the proceeds of the sale, less expenses, shall be paid into the Consolidated Revenue Fund.

RSN1970 c71 s17

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Crown lands under minister's control

15. (1) The Lieutenant-Governor in Council may, by order, set apart Crown lands

(a) for the purpose of livestock pasturage; or

(b) for the purpose of cultivating or harvesting wild fruit, including blueberries,

and Crown lands so set apart shall be under the administration and control of the minister who may issue to a person, either alone or in conjunction with others to whom permits have been or may be issued, a permit to use the lands so set apart or an area of the lands for any of the purposes for which they are so set apart, and a permit issued under this section shall be

(c) subject to the payment of fees, rentals and other charges;

(d) subject to the terms and conditions;

(e) in respect of the area; and

(f) for the term

that the minister prescribes, but the minister is not under an obligation to subdivide the lands so set apart unless he or she considers it advisable to do so.

(2) An order made under subsection (1) shall describe the lands to be set apart under that subsection and shall be published in the Gazette and has effect from the date of publication or the later date that may be specified in the order.

RSN1970 c71 s18; 1974 No85 s5

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Minerals, etc. reserved to Crown

16. In all leases or grants issued under this Part, minerals, limestone, granite, slate, marble, gypsum, marl, clay, sand, gravel, all building stone, coal, oil, natural gas and salt shall be reserved to the Crown.

RSN1970 c71 s19

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Respecting the validity of certain leases and grants of land

17. All leases and grants of land made before December 30, 1940, under authority of Part I and purporting to have been issued by the Governor in Council or the Governor in Commission shall, in all cases in which the Governor in Council or the Governor in Commission was authorized to make the leases and grants, be considered to have been so issued.

RSN1970 c71 s20

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Short-term permits

18. (1) Notwithstanding the other provisions of this Act,

(a) the minister may issue a permit for occupancy of Crown lands, not exceeding an area of 20 hectares in any one permit; and

(b) the Lieutenant-Governor in Council may issue a permit for occupancy of Crown lands where the permit covers an area in excess of 20 hectares,

where he or she is satisfied that the occupancy is desirable.

(2) A permit issued under this section shall be

(a) subject to the payment of fees, rentals and other charges;

(b) subject to the terms and conditions;

(c) in respect of the area; and

(d) for the term, not exceeding 5 years,

that the minister or Lieutenant-Governor in Council shall prescribe.

RSN1970 c71 s21; 1977 c44 s2

PART II
WATER POWERS

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Leases of water powers

19. The Lieutenant-Governor in Council shall have the power to lease water power for the term of years and subject to the rent and conditions that are set out in this Part.

RSN1970 c71 s22

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Data to be provided by the applicant

20. (1) A person wishing to obtain a lease of a water power shall make application to the minister setting out the following facts:

(a) the name of the applicant;

(b) the mailing address and occupation or description of the applicant;

(c) the name or a clear description of the river, lake or other watercourse from which water is to be diverted or used;

(d) the place where the water is to be diverted from or in the watercourse, located where possible by reference to some point already established by Crown lands surveyors, or by reference to some unmistakable natural feature and the place where the water is to be returned or released similarly located;

(e) the maximum quantity of water, expressed in cubic metres per second, which it is estimated will be ultimately diverted or used under the licence applied for;

(f) the estimated average head in metres which will be available for the production of power according to the plan of development proposed;

(g) the estimated minimum amount of energy expressed in horsepower which will be developed on the turbine shaft or other water driven motor device within 5 years from the date of the application or within the other period that the applicant may state to be required for the completion of his or her initial development;

(h) the estimated maximum amount of energy expressed in horsepower which it is estimated will ultimately be developed on the turbine shaft or other water driven motor device from the waters applied for;

(i) briefly, the character and extent of all principal works which it is proposed to construct for diverting, conveying or using the water or water power, including dams, raceways, canals, tunnels, pipelines and other water conduits, power houses, mills and transmission lines; in reference to every dam there shall be given its approximate maximum length and height, also its proposed type and the material to be used in its construction;

(j) where storage is involved, the location of each lake, basin or other place in which it is wished to store water; and for each place the approximate number of square metres of land which it is proposed to flood, the approximate area in square metres of the surface of the reservoir when filled, the estimated vertical storage range in metres, and the total capacity of storage contemplated in cubic metres;

(k) a reasonably accurate description and the area in square metres of the lands which will be required to be occupied or used in the construction, maintenance or operation of the proposed works, noting separately lands required for rights of way and lands which are to be flooded

(i) within Crown lands,

(ii) within privately owned lands;

(l) a preliminary plan or sketch with scale so selected as to show upon a single sheet the entire project applied for, with the approximate location of all the principal items;

(m) the nearest neighbouring works or structures completed or in the course of construction, both above and below the place of the proposed diversion, for diverting or using water for a purpose from the same source of supply, and the approximate distance and direction of each such works from the proposed works; and the names and locations of other works or structures, including bridges, railways and canals, which might affect or be affected by the construction, maintenance or operation of the proposed works;

(n) the approximate discharge in cubic metres per second, at or near the place of diversion of the river, lake or other source from which the water is to be diverted at high, medium and low water stages respectively, also copies of existing measurements in the applicant's possession of the flow of the stream and a reference to all other measurements of which the applicant has knowledge;

(o) whether a chemical, mechanical or other fouling matter is proposed to be discharged from works into the stream, and if so, the nature and probable quantity of the fouling matter;

(p) whether and where ladders to permit of the passage of salmon and other fish can be constructed in conjunction with the proposed works, if the works would otherwise prevent the passage, and the plan and description of such ladders;

(q) briefly, an outline of the undertaking in respect of which the licence is desired, including the use to which the power is to be applied, a sale, delivery or transfer of the power to other than the applicant which is contemplated, the territory within the sale, delivery or transfer is to be exercised, the probable demand for power within the territory and an estimate of the capital cost of the entire undertaking;

(r) the financial standing of the applicant with reference to his or her ability to carry out the proposed undertaking.

(2) The applicant, when requested to do so by the minister, shall file an affidavit setting out the facts with respect to paragraph (1)(r) that the minister may require, which affidavit will be treated as confidential.

(3) Where the applicant is an incorporated company, the statement shall, in addition to the information required by subsection (1), set out

(a) the names of the directors and officers of the company, and their places of residences;

(b) the head office of the company in the province;

(c) the amount of capital authorized, the amount of subscribed, and of paid-up capital, specifying in regard to the latter,

(i) how much has been paid in cash, and

(ii) in what manner the balance has been paid for;

(d) the proposed method of raising further funds, if required, for the construction and operation of the proposed works; and

(e) copy of the special act of incorporation or memorandum and articles of association and a statement setting out the particular sections which authorize the company to make application and to carry out the proposed undertaking.

(4) Where the applicant is a municipality, town, village or other incorporated area, the statement shall, in addition to the information required by subsection (1), set out

(a) the location, area and boundaries of the municipality, town, village or other incorporated area;

(b) the approximate number of its inhabitants;

(c) the present indebtedness of the municipality, town or village or other incorporated area and its borrowing limit;

(d) a certified copy of a by-law or resolution passed by the municipality, town, village or other incorporated area respecting the application or the undertaking to which the application relates; and

(e) a certified copy of an enabling Act or other statutory provision authorizing the municipality, town, village or other incorporated area to engage in the proposed undertaking, or of a governmental or other authorization or permission in the case required.

(5) Where the application is refused by the Lieutenant-Governor in Council the data referred to in this section shall be returned to the applicant upon request.

RSN1970 c71 s23

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Elevations

21. All elevations given in connection with the plans or other information filed by an applicant should be referred, where possible, to mean sea-level datum.

RSN1970 c71 s24

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Minister may require additional information

22. The minister may, while an application is pending, irrespective of other requirements of this Act, call for additional plans, descriptions, measurements, specifications or other data, whether related directly or indirectly to the proposed works and undertaking, that he or she considers necessary, and the information shall be provided by and at the expense of the applicant.

RSN1970 c71 s25

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Notice of application and hearing of objections

23. (1) Upon the filing by the applicant of the data that in the opinion of the minister are necessary to a clear understanding of the proposed undertaking, the minister shall publish, by and at the expense of the applicant, a notice of application in at least 1 issue of the Gazette and a newspaper published and circulating in the province, and in more issues where the minister considers it advisable.

(2) The notice shall be marked at the top in plain letters "Water Power Application", and shall be in a form approved by the minister, and shall give the following information

(a) name and address of applicant;

(b) date of application;

(c) name or clear description of source of supply;

(d) place of diversion clearly described;

(e) maximum horsepower capacity of proposed plant;

(f) nature of the undertaking and proposed utilization of the power;

(g) a statement that the application has been filed with the minister, and that protests or objections may be filed by an interested party with the minister;

(h) if storage or poundage of water is contemplated, the place of storage, the capacity of the intended reservoir, and a general description of the lands which will be flooded;

(i) other information that the minister may require to be inserted.

(3) Immediately after the publication of notices has been completed, the applicant shall file proof of the publication, the proof to be in the form of an affidavit satisfactory to the minister, to be accompanied by a copy of the notice as published.

(4) Where, because of protests or objections being filed, or for other reasons, the minister considers that a hearing should take place before further proceedings, he or she shall designate a time and place for the hearing before the minister or shall name a person to preside over and conduct the hearing.

(5) The hearing may be adjourned from time to time and the applicant may be permitted to continue the preparation of his or her plans and the carrying on of investigations that may be considered advisable.

(6) The minister or person conducting the hearing shall make his or her findings in writing after which the minister shall submit the application and the findings and all the papers in connection with both to the Lieutenant-Governor in Council.

RSN1970 c71 s26

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Issue of interim licence

24. Upon the receipt of the application and of the findings of the minister regarding protests or objections, the Lieutenant-Governor in Council may, in his or her discretion, issue to the applicant an interim licence embodying the matters set out in the application and authorizing and requiring the applicant to begin within 1 year and to complete within a period specified in the interim licence, not exceeding 5 years, work upon the lines set out in his or her application.

RSN1970 c71 s27

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Deposit as guarantee of performance

25. (1) Within 60 days after being notified in writing by the minister of the issue of his or her interim licence, the interim licensee shall deposit with the minister the sums specified in this section as a guarantee deposit fund for the purpose of guaranteeing the performance and fulfilment by the interim licensee of the terms and conditions of his or her interim licence.

(2) The amount of the guarantee deposit fund shall, in the case of a power undertaking, be calculated according to the horsepower capacity of the site as determined by the minister, according to the following scale:

Each h.p. up to 1,000 h.p. ....................... $2.00 per h.p.

The next 9,000 h.p. ....................... 1.00 per h.p.

All over 10,000 h.p. ....................... 0.50 per h.p.

(3) In the case of a storage undertaking the amount of the guarantee deposit fund shall be calculated on the estimated cost of the storage development as determined by the minister, according to the following scale:

5 p.c. on the 1st $100,000 of estimated cost.

2 1/2 p.c. on the next $900,000 of estimated cost.

1 p.c. on the amount above $1,000,000 of estimated cost.

(4) The guaranteeing deposit required under this section shall in no case exceed $50,000; and may be in the form of 1 or more certified cheques upon a chartered bank approved by the minister.

(5) The minister shall refund the deposit with accrued interest to the interim licensee as the actual construction work progresses, the 1st, 2nd and 3rd quarters of the deposit to be refunded when 1/4, 1/2, 3/4, respectively, of the initial development have been satisfactorily completed; the 4th quarter to be refunded when the final licence is issued.

(6) The interim licensee shall present to the minister evidence of the satisfactory progress in the works to the stage required in compliance with the terms of his or her interim licence, in the form of a statutory declaration or otherwise that may be required.

(7) In case of a dispute as to the satisfactory completion of the 1st, 2nd and 3rd quarters of the initial development, the decision of the minister upon the report of the government engineer shall be final.

(8) If the interim licensee fails to comply satisfactorily with the terms of his or her interim licence, the guarantee deposit fund shall be forfeited to the Crown.

RSN1970 c71 s28

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Changes in plans

26. The interim licensee, before making a material change in the works constructed or under construction in pursuance of his or her licence or in the location authorized, shall submit a complete and satisfactory statement and plans of the proposed change to the minister, and shall not proceed until the proposed change has been authorized by the Lieutenant-Governor in Council.

RSN1970 c71 s29

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Access to works for purposes of inspection

27. The minister, the government engineer or an engineer or person authorized by either for the purpose shall have free access at all times to all parts of the lands being occupied or of the works being constructed by an interim licensee for the purpose of ascertaining whether the terms and conditions of the interim licence are being satisfactorily carried out by the interim licensee.

RSN1970 c71 s30

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Amendment of interim licence

28. The terms of an interim licence may be amended by a supplementary licence entered into between the Lieutenant-Governor in Council and the interim licensee; and plans and specifications previously approved may be amended with the written consent of the Lieutenant-Governor in Council, but the amendment shall affect only that portion specifically covered in the supplementary or amending licence, and shall in no case operate to alter or amend or be a waiver of another part, condition or provision of the original interim licence.

RSN1970 c71 s31

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Extension of time for construction

29. (1) The Lieutenant-Governor in Council may, upon satisfactory proof that the work of construction was begun within the time specified in the interim licence and for reasons of an engineering nature which could not reasonably have been foreseen by the applicant could not be completed within the period provided by the interim licence, grant the extension of time that may be considered expedient for the completion of the works.

(2) An extension of time shall not be granted unless it is shown by a written report signed by the government engineer that the interim licensee has satisfactorily completed the construction of a substantial part of the initial development, and an extension of time shall not be granted for a longer period than 1 year, and a 2nd or subsequent extension of time shall not be granted unless it is shown by written report of the government engineer that the interim licensee has completed within the extension period previously granted a further substantial part of the initial development.

RSN1970 c71 s32

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Notice of completion of initial development

30. (1) When the interim licensee has completed his or her initial development and otherwise fulfilled the terms of his or her interim licence, he or she shall file in the office of the minister written notice of the completion and fulfilment.

(2) When the notice referred to in subsection (1) is filed, the minister shall inspect and, where necessary, make a survey of the works constructed or used and the lands and waters used or occupied in connection with the undertaking.

RSN1970 c71 s33

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Issue of final licence

31. (1) Upon the completion of the initial development according to the plans previously approved and upon fulfilment and compliance otherwise with all the terms and conditions of his or her interim licence and of the provisions of this Part that are applicable to his or her case, the interim licensee shall be entitled to the issue in his or her favour by the Lieutenant-Governor in Council of a final licence authorizing the diversion, use or storage of water at the site in question for the development of energy from it, for the utilization of the energy, and for the occupation or use of the lands of the province which, in the Lieutenant-Governor in Council's opinion, are required for the proper maintenance and operation of the works.

(2) The Lieutenant-Governor in Council may issue the licence covering the rights granted with respect to the diversion and use of the waters and with respect to the occupation and use of the lands which are to be granted in the form of 2 or more separate indentures, but if separate indentures are issued, they shall be executed concurrently, and the terms and conditions of each indenture shall be considered to be incorporated in all, and non-compliance with a term or condition in an indenture shall be taken to be non-compliance with the terms and conditions of all.

(3) Upon the issuance of a final licence all rights held and obligations assumed under the interim licence shall cease.

RSN1970 c71 c34

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Terms of final licence

32. The final licence shall embody the terms which were set out in the interim licence and in an amending licence which may have been issued.

RSN1970 c71 s35

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Term of licence

33. (1) The term of a final licence shall not exceed 50 years from the time fixed in the original interim licence for the completion of the initial development, but a licence may be issued, subject to renewal upon the conditions provided in this section, for 1 or more further successive terms that may be specified in the licence but not exceeding in total 49 years.

(2) Where the holder of a licence wishes to renew a licence granted under this Act containing a right of renewal, he or she shall give notice to the Lieutenant-Governor in Council not less than 1 year before the expiration of the term of the licence, and if the conditions of the licence have been complied with, the Lieutenant-Governor in Council may, by endorsement on the licence or notice in writing to the holder of the licence, renew the licence in accordance with the terms of it.

(3) The Lieutenant-Governor in Council may refuse to renew a licence, but where the conditions of the licence have been complied with, the Lieutenant-Governor in Council shall not so refuse unless at least 6 months before the expiration of the licence he or she has given notice to the holder of the licence of the intention to do so.

(4) Where the conditions of a licence have been complied with and the Lieutenant-Governor in Council has given notice of his or her intention to refuse to renew the licence, the Lieutenant-Governor in Council may, on expiration of the licence, without further proceedings, take possession of all works and erections constructed under the licence and of every thing owned or held by the licensee within the power system and used or useful in respect of the undertaking, subject to payment of compensation as provided in this section.

(5) From the date of receipt of notice from the Lieutenant-Governor in Council under subsection (4) of the intention to refuse to renew a licence, the licensee shall not remove from the lands used or occupied under the licence or damage or destroy works or erections on the lands or anything owned or held by the licensee within the power system and used or useful in respect of the undertaking.

(6) Compensation payable under subsection (4) shall be paid on the basis of the value of the undertaking as a going concern at the time of taking possession by the Lieutenant-Governor in Council.

(7) Where the Lieutenant-Governor in Council and the holder of the licence are unable to agree upon the compensation to be paid within 6 months after the notice has been given by the Lieutenant-Governor in Council either party may refer the matter for determination by arbitration as provided in this section.

(8) Where a matter is referred to arbitration under subsection (7), the Lieutenant-Governor in Council shall appoint 1 arbitrator and the licensee another and those 2 arbitrators shall appoint a 3rd, and the award of any 2 of them, signed by them, after hearing both parties and their witnesses as to compensation, shall be final.

(9) Where either party neglects or refuses, upon being required by the other, to appoint an arbitrator within 10 days after being so required, or where the 2 arbitrators when so appointed cannot agree to the appointment of a 3rd within 10 days after their appointment, the court or a judge of the court shall, upon the application of either party, appoint an arbitrator for the party refusing, omitting or neglecting to make the appointment of the 3rd arbitrator, and the arbitrator when so appointed shall have the same power in all respects as if appointed by either party, or by 2 arbitrators.

(10) The Arbitration Act applies to an arbitration under this section.

(11) Where a licence is not renewed upon expiration of the original term, or of a further term for which it has been renewed, then all rights under the licence shall cease without further proceedings, and all lands entered upon, used or occupied under the licence shall immediately revert to the Crown, together with all permanent works and erections on the lands.

RSN1970 c71 s36; 1977 c44 s1; 1986 c42 Sch B

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Rental

34. (1) The annual licence rental shall begin to run not later than from the date fixed in the original interim licence for the completion of the initial development whether it has been completed or not and extensions of time shall not affect this provision.

(2) The 1st payment of annual rental shall be for the part of the year embraced between the date fixed for the completion and the end of the then current calendar year and subsequent rental payments shall cover the rentals for each successive calendar year or the part of the calendar year during which the licence is in force, or the licensee continues operations.

(3) A licensee shall, before April 1 following each year of the interim and final licence periods, submit all data required by the minister for the determination of his or her rental for the preceding calendar year.

(4) The minister shall immediately proceed with the preparation of statements of rentals due for the calendar year and shall give the licensee notice of the rentals due and the rentals shall be payable within 60 days after the giving of the notice.

(5) If rentals are not paid when due, 10% of the amount of the rentals shall be added, and the total amount shall bear interest compounded annually at 8% from the latest date until paid.

(6) The rentals together with 10% added by way of penalty and interest as provided in subsection (5) shall be a 1st lien or charge upon the water power development, property, assets, rents and revenues of the licensee, and shall attach to the development, property and assets in priority to an encumbrance irrespective of change of ownership.

(7) Where a rental remains unpaid for more than 1 year after the latest date when it becomes payable, the licensee shall again be given notice, and if not paid within 60 days after the notice has been given, the minister shall

(a) request the Attorney General to sue in a court for the amount of the rental together with the 10% added and interest as provided in subsection (5), as a debt due to the Crown, and the production of a written statement by the minister of the sums so payable shall be, in the absence of evidence to the contrary, evidence of such, and to supplement the action by garnishment proceedings against a person indebted to the licensee for the purchase of electrical energy or other product of the undertaking, or by proceedings to foreclose the lien referred to in subsection (1); or

(b) take or initiate the action that is provided for general cases of default as set out in section 42.

(8) The acceptance of rental shall not be or be considered to be a waiver of the terms or conditions which have been accepted by the licensee.

(9) The rentals to be paid shall be as determined by general regulations of the Lieutenant-Governor in Council and published in the Gazette.

RSN1970 c71 s37

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Effectiveness of licence to authorize entry upon or use of lands

35. (1) A licence shall be valid and effective to authorize the entry upon or use or occupation of lands of the province only in the manner and to the extent and for the length of time that may be necessary for the purpose of constructing, maintaining and operating the works authorized to be constructed, maintained and operated under the licence.

(2) Where, because of a change in the location of the works, or because of their non-user or abandonment, or for another reason, continued or further entry upon or the use or occupation of the lands in whole or in part for the purposes becomes, in the opinion of the Lieutenant-Governor in Council, unnecessary, the minister shall give the licensee written notice of the contemplated withdrawal of the lands and the reasons for it, and the lands may be withdrawn in whole or in part from the operation of the licence, by agreement of the parties.

(3) Where the minister and the licensee cannot reach a satisfactory agreement as regards the contemplated withdrawal within 60 days after the giving of the notice, the minister may refer the matter to the court for determination.

(4) The court after hearing the matter may make an order withdrawing the lands in whole or in part from the operation of the licence.

RSN1970 c71 s38; 1977 c44 s1

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Right to flood public lands

36. (1) Lands of the province required only for the purpose of flooding them, whether in connection with a storage reservoir or for regulating the flow of a stream or otherwise, shall be set out in the interim or final licence separately from the lands required for other purposes and a licence shall not be valid to convey a further use of the lands than the right of flooding them in the manner and to the extent and at the times that may be required for the purposes of the undertaking.

(2) A grant of a right to flood lands of the province in connection with an undertaking shall be subject to the right of the Crown to grant additional liberty or privilege to a person to enter upon, use or occupy the lands: provided that the rights of the interim or final licence shall not, in the opinion of the Lieutenant-Governor in Council, be prejudicially interfered with by that grant.

(3) A licensee shall, to the satisfaction of the minister, clear and keep clear from timber, brush and other materials all lands which are to be flooded.

(4) Flooded lands shall not be fenced or otherwise enclosed unless the minister's consent in writing is first obtained.

RSN1970 c71 s39

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Lands forming part of bed of waters

37. (1) Lands forming part of the bed of a lake, river, stream or other watercourse, the use or occupation of which is required for the site of works authorized, or for the construction or the operation of works, shall be set out in the interim or final licence separately from lands required for other purposes, and an interim or final licence shall not convey an exclusive right in or to the use or occupancy of the lands, or a further right than may be required for the actual construction and operation of the works.

(2) A grant of a right to use or occupy lands of the province forming part of the bed of a lake, river, stream or other watercourse shall be subject to the right of the Crown to grant additional liberty or privilege to a person to enter upon, use or occupy the lands provided that

(a) the rights of the licensee shall not be prejudicially interfered with by that grant; and

(b) the minister shall give the licensee notice of the intention to grant additional liberty or privilege and an opportunity of being heard.

RSN1970 c71 s40

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Roads or other public works not to be affected

38. (1) Roads, trails, telephone lines, buildings or other improvements that are the property of the Crown shall not be removed, altered or in any way affected by an interim or final licensee in the construction or operation of his or her works without the minister's consent in writing having been first obtained, and except upon the conditions that the minister may impose.

(2) The minister, where he or she considers it necessary, may require the licensee to provide a bond for the satisfactory carrying out of the provisions of this section.

RSN1970 c71 s41

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Enforcement of full development of power to meet public demand

39. (1) Upon a report being made by the government engineer that a licensee has not developed the amount of power for which there is a public demand at remunerative prices and which could be reasonably developed from the flow of water granted under his or her licence or controlled by him or her, the Lieutenant-Governor in Council may order the licensee to develop and make available for public use the additional amount of power for which there is, in the opinion of the Lieutenant-Governor in Council, a public demand, up to the full extent possible from the amount of water granted under the licence and within a period to be fixed by the Lieutenant-Governor in Council, which period shall be not less than 2 years after the licensee or the person in charge of the existing works has been notified of the order.

(2) Section 42 shall be applied where a licensee fails to comply with an order referred to in subsection (1).

RSN1970 c71 s42

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Increase in power development

40. Where a licensee wishes

(a) to develop, sell, use or dispose of a greater quantity of power than authorized by his or her licence whether the increased disposal of power does or does not necessitate an addition to or alteration in the works; or

(b) to use or dispose of a power in connection with his or her undertaking in a manner or for a purpose other than as provided in the licence,

he or she must first apply to the Lieutenant-Governor in Council for a licence authorizing the additional development, sale, use or disposal or authorizing the use or disposal in another manner or for another purpose.

RSN1970 c71 s43

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Sale of power to the Crown

41. A licensee whose undertaking involves the sale, barter or exchange of the power authorized to be developed under his or her licence shall sell power to the Crown when so required by the minister at as low a price as is given to another consumer for a similar use at the same time and under similar conditions: provided that the request is within the capacity of the site and that the rights of another consumer then holding a binding contract for the delivery of power are not prejudiced.

RSN1970 c71 s44

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Proceedings in case of default of licensee

42. (1) Where a licensee, in the opinion of the Lieutenant-Governor in Council, has failed to observe or perform a term or condition which, under his or her licence or this Part, he or she is required to observe or perform, the Lieutenant-Governor in Council may, upon giving the licensee not less than 60 days' notice, refer the matter of the non-observance or non-performance to the court, and if the court finds that the licensee has failed in his or her obligations, it may

(a) order specific performance by the licensee of the terms of the licence;

(b) order the payment of a sum by way of liquidated damages for the licensee's failure to perform the terms.

(2) Where after an order is given under paragraphs (1)(a) or (b) the non-observance or non-performance on the part of the licensee is continued, or if the licensee refuses or fails to comply satisfactorily with an order, or if the court considers that non-compliance of the licensee is of such a nature that the foregoing remedies are inapplicable, the court may

(a) authorize a person immediately and without further proceedings to take possession of all works, lands and properties whether real or personal, owned or held by the licensee within the power system and used or useful in respect of the undertaking, including books, statements, accounts, papers and records appertaining to the undertaking and to operate, manage and control the undertaking, and to do all other things required to be done in the conducting or carrying on of the undertaking, until

(i) a sufficient sum has been accumulated exclusive of all operating expenses and all costs of taking possession to liquidate the sums payable by the licensee and interest on it and the cost of a proceeding connected with it, or

(ii) other conditions are carried out that may, in the opinion of the court, have been required to satisfy the terms of the licence or regulations;

(b) order that upon a certain date not earlier than 12 months after the date of the order the licence shall be cancelled, and that not earlier than 6 months from the date of the order, and not later than the termination of the period fixed for cancellation, the lands, works and properties, whether real or personal, owned or held by the licensee, and used or useful in respect of the power development, shall be sold at execution sale.

(3) Where an execution sale is ordered as set out in paragraph (2)(b), the Lieutenant-Governor in Council upon the advice of the minister shall fix an upset price below which the properties may not be sold.

(4) The minister shall prepare a stipulation relative to the rights to be acquired and obligations to be assumed by the successful bidder, and a person shall not be permitted to bid at the sale unless he or she

(a) has previously agreed in writing to sign and abide by the terms of the stipulation;

(b) has been accepted by the minister as a bidder; and

(c) has deposited, by way of guarantee, a sum equivalent to 1/2 of that required of interim licensees under section 25.

(5) The guarantee deposit referred to in paragraph (4)(c) shall be returned to unsuccessful bidders immediately upon termination of the sale; and the successful bidder's deposit may be returned as soon as in the opinion of the court the transfer has been satisfactorily completed and operation of the works and undertaking is being satisfactorily conducted.

(6) Where there is not a satisfactory buyer at the 1st execution sale, a 2nd sale shall be held after a lapse of 4 months, under the same conditions as the 1st sale, except that the upset price of the sale shall not exceed the sum which represents the obligations of the licensee to the Crown as fixed by the court and if no bids are received equal to or in excess of this sum from accepted bidders, the licensee shall forfeit all his or her rights, and the works and undertaking shall become the property of the Crown without any compensation to the licensee.

(7) A surplus arising out of a sale under this section, above the sum which in the opinion of the court will satisfy the obligations of the licensee, shall be repaid to the licensee.

(8) Where the licence has been cancelled under paragraph (2)(b) and where the procedure provided in subsections (3) to (7) has not been completed, the court may make orders with respect to taking over and operating the works and undertaking of the licensee that it may consider equitable under all the circumstances.

RSN1970 c71 s45; 1977 c44 s1

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Acceptance of and undertaking to perform licence

43. (1) Before a licence is executed the minister shall submit to the prospective licensee a draft of the proposed licence and shall secure from the licensee an acceptance of it and an undertaking to observe and fulfil all the terms and conditions which under the licence and under this Part the licensee is required to observe or fulfil.

(2) The acceptance and undertaking of the licence shall be made to bind the executors, administrators and assigns, or in the case of a corporation, the successors and assigns of the prospective licensee.

RSN1970 c71 s46

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Alteration of dates of payment of rentals, etc.

44. Where the minister considers it advisable in order to systemize the accounting work of the department to change the times of payment of rentals or other sums payable under an existing licence or other concession, he or she may, by giving the licensee 60 days' notice in writing, readjust the times of payment: provided that the total payment to be made under the licence or other concession is not increased.

RSN1970 c71 s47

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Temporary disposition of lands

45. (1) Where

(a) lands have been reserved by the Lieutenant-Governor in Council as being valuable for the development of a water power to be dealt with only under this Part but cannot, in the opinion of the Lieutenant-Governor in Council, be utilized in connection with the water power development for a number of years; and

(b) in the opinion of the Lieutenant-Governor in Council, the granting of temporary leases or licences of occupation for other purposes will not interfere with the purposes of the reservation,

applications for the temporary use and occupation of lands for other purposes may be considered by the Lieutenant-Governor in Council and conditional leases or licences granted by him or her.

(2) It shall be stipulated in every conditional lease or licence that when, in the opinion of the Lieutenant-Governor in Council, the lands are required in connection with the water power development the Lieutenant-Governor in Council may, on giving the conditional lessee or licensee not less than 6 months' notice of the cancellation in writing signed by him or her, cancel the lease or licence and determine the rights conferred by it, and repossess on behalf of the Crown the lands and all improvements on the lands without compensation being paid to the conditional licensee or lessee.

RSN1970 c71 s48

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Rules of procedure

46. The minister may make the supplemental rules regarding

(a) the nature of plans and specifications to be filed;

(b) the prescribing of forms to be used; and

(c) the procedure to be followed in connection with various inquiries and matters arising under this Part

that may, in his or her opinion, be desirable.

RSN1970 c71 s49

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Grants of easement

47. (1) The Lieutenant-Governor in Council may grant, on the terms that he or she may consider expedient, to the owner or lessee of a water power held otherwise than under this Act easements along highways and over Crown lands for transmission lines and easements or licences for the raising of the level of the waters in a lake or pond to a level required for the efficient development of it.

(2) The Lieutenant-Governor in Council may make regulations, which shall be published in the Gazette, imposing penalties for breach of conditions imposed under subsection (1) for the purpose of securing the proper construction of works and the safety of the public, which penalties shall be recoverable on summary conviction and shall not exceed the sum of $200 for an offence and, in default of payment, imprisonment not exceeding 6 months.

RSN1970 c71 s50

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Construction of dams to be approved by government engineer

48. (1) A person shall not begin the construction or replacement of a dam for the diversion or storage of water in connection with the development of water power under rights acquired under this Act or otherwise unless

(a) he or she has delivered to the government engineer plans showing the location of the dam in relation to the surrounding land and particulars of its length, height and width and of its type and the material to be used in it;

(b) he or she has delivered to the government engineer further plans and particulars that the government engineer may require; and

(c) the government engineer has in writing certified that in his or her opinion the proposed dam will be reasonably safe, strong and durable.

(2) The construction or replacement of a dam shall be in accordance with the plans and particulars referred to in subsection (1).

(3) A person violating or failing to conform with this section is liable to a fine not exceeding $5,000 recoverable in the court by proceedings in the name of the Attorney General.

(4) The court may, by injunction, restrain a person violating or failing to conform with this section from proceeding with any construction or replacement unless it is in accordance with this section and the court may order the person within the time that may be limited by the order to remove a dam or to repair or replace the dam to the satisfaction of the government engineer.

RSN1970 c71 s51; 1977 c44 s1

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Small water powers

49. In the case of applications for small water powers the capacity of which, in the opinion of the Lieutenant-Governor in Council, upon the report of the government engineer, does not exceed, under average usable flow conditions, 100 horsepower and which are to be used for the direct driving of a water-wheel or other device connected with a saw mill or similar small mechanical establishment and not primarily for the development of electrical power, the Lieutenant-Governor in Council may on the recommendation of the minister make regulations in relation to applications and licences and the rates of rental to be paid therefor: provided, however, the provisions of paragraphs 20(1)(a), (b), (c), (d), (e), (i), (j), (k), (l), (o), (p), (q), subsections 20(2) and (3), sections 23, 33 and 38 shall not be dispensed with.

RSN1970 c71 s52

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Assurances of land and rights in land

50. (1) The Lieutenant-Governor in Council may,

(a) upon the terms and conditions; and

(b) for the consideration, including the royalties and rentals,

that he or she may prescribe, assure to a person land or rights in land belonging to the Crown, and not then granted, leased or otherwise alienated to another person or agreed to be so granted, leased or alienated, that may be necessary for works established before October 2, 1964, by the person for the purpose of developing, generating or transmitting hydro-electric power or energy.

(2) An assurance granted under this section may be by way of grant, lease, licence or permit as the Lieutenant-Governor in Council may prescribe.

(3) Nothing in this section shall be considered to confer, or to empower the Lieutenant-Governor in Council to confer, on a person the right to

(a) develop; or

(b) establish works, other than those already established on or before October 2, 1964, for the purpose of developing

more hydro-electric power or energy than that being developed or capable of being developed by the works as established at the date.

(4) This Act shall be read and construed as subject in all respects to the provisions of

(a) the Hydro Corporation Act;

(b) The Newfoundland and Labrador Power Commission (Water Power) Act; and

(c) the Trust Indenture made as of February 15, 1965, between Her Majesty in right of the province represented by the Honourable Frederick W. Rowe, Minister of Finance and Newfoundland and Labrador Power Commission and The Royal Trust Company and registered in the Registry of Deeds for Newfoundland in Volume 737 at Folios 243-325,

and where this Act conflicts with the Acts referred to in paragraphs (a) and (b) or of the Trust Indenture referred to in paragraph (c), the Acts referred to in paragraphs (a) and (b) and the Trust Indenture referred to in paragraph (c) shall prevail and an assurance granted under this section shall, to the extent of the conflict, be void.

(5) For the purpose of this section, "works" includes a building, plant, machinery, installation, material, dam, canal, device, fitting, apparatus, appliance or equipment established, acquired or utilized or useful for the development, generation or transmission of hydro-electric power or energy.

RSN1970 c71 s53

PART III
MISCELLANEOUS PROVISIONS

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Rights of way, etc. for mining purposes; arbitration

51. (1) Where the holder of a mining lease or grant or the holder of a licence to cut timber or the owner or lessee of a water power or a person or corporation engaged in mining, lumbering or the manufacture of lumber or pulp

(a) wishes to acquire rights of way or other rights or easements over private property for tramways, transmission lines, roads or sites for wharves or piers for the purpose of or purposes incidental to the carrying on of his or her industry or undertaking; and

(b) is unable to make an agreement with the owner of the property for leave to enter on the property or for the rights of way or easements that are necessary and for the payment of compensation for damage which may be occasioned to the property,

the Lieutenant-Governor in Council may permit the rights to be acquired.

(2) The necessity or expediency of the acquisition of the rights and of the amount of compensation to be awarded in respect of the damage referred to in subsection (1) shall be determined by arbitration.

(3) There shall be 3 arbitrators, 1 person appointed by each of the contestant parties, the 3rd arbitrator shall be the minister, or a person appointed by the minister, and the award of 2 of the arbitrators shall be final.

(4) Either of the parties may appeal from the award of the arbitrators to the court, upon notice to the opposite party within 1 month from the publication of the award.

RSN1970 c71 s102; 1977 c44 s1

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Titles issued not to be affected

52. Nothing in this Act shall be construed to affect the rights of persons holding grants, leases or licences issued before the passing of this Act; those grants, leases and licences and rights shall continue in full force as if this Act had not been passed, and in the case of mineral licences or mineral leases the rights may be implemented by the issue of mineral leases or mineral grants in fee simple as if the Act under which the licences or leases were issued had continued in force.

RSN1970 c71 s103

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Cancellation of vacant mining locations

53. All mining locations laid off by the minister as part of a mining section but which are not after the passing of this Act held by a person under a valid licence or lease are declared to be Crown land for the purpose of this Act, and as such shall be subject to this Act.

RSN1970 c71 s104

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Proof of records in department

54. Copies of records, plans, books or papers, belonging to or deposited in the department, certified by the minister, shall be competent evidence in all cases in which the original records, plans, books or papers would be in evidence.

RSN1970 c71 s105

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Persons employed in department not to receive grants, etc.

55. Except with the consent of the Lieutenant-Governor in Council, a person employed with the department or holding an office created by or continued under this Act shall not acquire, either alone or with another person, a grant, lease or licence under this Act, or hold land so acquired.

RSN1970 c71 s106

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Breeding of fish

56. (1) The Lieutenant-Governor in Council may, for the purpose of encouraging the breeding of fish in this province, lease to an applicant, for a term of years, after the applicant has given 1 month's notice in the Gazette and 1 other newspaper of his or her intention to apply for the lease, the right to use a pond or river, and a quantity of land adjoining the pond or river that may be necessary for those purposes, subject to the terms and conditions that may be considered necessary.

(2) The Lieutenant-Governor in Council may for the purpose of encouraging the breeding of animals, including birds, lease to an applicant for a term of years, after the applicant has given 1 month's notice in the Gazette and 1 other newspaper of his or her intention to apply for the lease, the right, whether exclusive or otherwise, to use an area or tract of Crown lands, whether wholly or in part covered with water or not, for the purpose of keeping and breeding fur or game animals or birds on the lands, upon the terms and conditions, including conditions as to payment of rent or royalties, and subject to the reservations of rights to the public, that he or she may think appropriate; and may by such conditions vary the closed seasons provided under the Wild Life Act or regulations in respect of animals or birds, bred or taken within the land covered by the lease.

RSN1970 c71 s107

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Acquisition of rights for access to submarine mining location

57. (1) Where the holder of a lease or grant of a mining location which is covered by the sea or public tidal water wishes to acquire, for the purpose of working the mine, on private land adjacent to or in the neighbourhood of the mining location, rights for the opening of tunnels or shafts or for the erection of buildings or machinery, or for the purpose of building and maintaining wharves or piers, or for building tramways or tracks to connect the tunnels or shafts with the piers or wharves, or wishes to obtain the right of continuing shafts and tunnels through a land or mining location, whether subterranean or submarine, and is unable to come to an agreement with the owner of the land or the mining location for the acquiring of the rights, he or she may acquire the rights, subject to the conditions contained in this section.

(2) The holder of the lease or grant, in this section called the applicant, shall make application to the Lieutenant-Governor in Council for permission to acquire the lands or other rights referred to in subsection (1), and the application shall

(a) be in writing;

(b) contain a description of the areas held by the applicant, and the position of the areas, the number and dimensions of the shafts, tunnels and other works, or for the protection of them, the places from which the tunnels and shafts shall be driven or sunk, and the approximate course and direction of the tunnels or shafts;

(c) be accompanied by plans and profiles of the approximate location, courses and areas; and

(d) state the general nature and extent of the rights, easements, privileges and powers which the applicant seeks to acquire or exercise or to have vested in him or her.

(3) The Lieutenant-Governor in Council may require further information or details that may seem desirable in reference to the application from the applicant or from the person over whose areas rights are applied for, and may grant or refuse permission.

(4) The Lieutenant-Governor in Council shall fix a time for the 1st sitting of the arbitration to determine matters of difference, and shall publish public notice of the permission being granted and of the time of the sitting of the arbitration in the Gazette.

(5) The applicant shall deposit with the minister a sum, to be fixed by the Lieutenant-Governor in Council, that will be sufficient to defray the expenses of the arbitration.

(6) The applicant shall, within 30 days after the publication of the notice, serve the persons whose lands or mineral locations are affected by the application with a copy of his or her application to the Lieutenant-Governor in Council, and with notice of the deposit referred to in subsection (5).

(7) The arbitration shall be conducted in accordance with section 51.

RSN1970 c71 s108

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Arbitration therefor

58. (1) In the award the arbitrators or the umpire shall determine

(a) whether the lands, rights, privileges, easements or powers are necessary for the purposes of working the mineral locations;

(b) the conditions under which the lands, rights, privileges, easements or powers are acquired, as to the time of commencement and completion of each of the various works comprised in the application, and as to what distances from existing mines, buildings, works, ore bodies or mineral seams and their natural and necessary extensions, such works may be constructed, and in all cases providing that the ore bodies and mineral seams may not be entered, except that the right may be granted to the applicant to sink upon the land areas a vertical shaft through the ore seams and intervening strata, until the shaft reaches the strata to be traversed;

(c) the extent and nature of works to be provided and maintained by the applicant for the protection of the property and employees of the person whose lands or locations are affected;

(d) the amount of compensation to be paid for the lands, rights, privileges, easements or powers; and

(e) the amount of a deposit to be made by the applicant as security for the payment of a judgment recovered against him or her by the person whose lands and locations are affected in respect of damage sustained because of the carrying out of the works or the operations authorized by the award or because of the failure to comply with the conditions of the award, and in the event of the abandonment the damages may include money paid as costs or expenses in connection with the arbitration.

(2) Nothing in this section shall affect an existing agreement or confer a right to vary or alter an existing agreement.

RSN1970 c71 s109

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Arbitration Act

59. The Arbitration Act applies with the necessary changes to arbitrations under this Act.

1986 c42 Sch B

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Deposit may be made in securities

60. (1) The deposit referred to in paragraph 58(1)(e) shall be made with the minister, and may be made in securities approved by him or her, and the depositor shall be entitled to receive the interest payable on the deposit.

(2) The deposit shall remain as security until the expiry of 1 year from the completion of all the works authorized by the award.

RSN1970 c71 s111

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Inspection of works

61. A person whose lands or locations are affected may, during the progress of the work, enter upon and inspect all the lands and works which are the subject of the award and to report to the government engineer as to the state and condition of the lands or locations.

RSN1970 c71 s112

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Correction of errors in fees

62. (1) Where because of false survey or error a parcel of land contains less than the quantity of land mentioned in the grant, lease or licence, the Lieutenant-Governor in Council may order to be repaid to the person who is the owner of the land at the time of a claim under this section the part of the price or fee paid to the Crown for the parcel of land that will bear to the price or fee the proportion that the quantity of land found to be deficient bears to the total quantity mentioned in the grant, lease or licence.

(2) A claim referred to in subsection (1) shall not be entertained unless it is made within 2 years of the date of the grant, nor unless the deficiency is equal to 1/10 of the quantity described as granted.

RSN1970 c71 s113

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Correction of errors in case of inconsistent grants, etc.

63. In cases in which grants, leases or licences have been issued for the same land inconsistent with each other through error, and in cases of sales or appropriations of the same land inconsistent with each other, the Lieutenant-Governor in Council may in cases of sale cause a repayment of the purchase money, or when the land has passed from the original purchaser or has been improved before the discovery of the error or where the original grant, lease or licence was a free grant, he or she may, in substitution, assign land or grant a certificate entitling the party to purchase Crown lands of a value and to an extent that to the Lieutenant-Governor in Council seems just under the circumstances; but a claim shall not be entertained unless it is preferred within 1 year from the discovery of the error.

RSN1970 c71 s114

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Correction of clerical errors, etc.

64. Where

(a) a grant, lease or licence has been issued to or in the name of the wrong party, or contains a clerical error, misnomer or wrong or defective description of the land intended to be granted; or

(b) there is in the grant, lease or licence an omission of the conditions of the grant, lease or licence,

the minister may where there is no adverse claim direct the defective grant, lease or licence to be cancelled and a correct one to be issued in its place, which corrected grant, lease or licence shall relate back to the date of the one so cancelled and be of the same effect as if issued at the date of the cancelled grant, lease or licence.

RSN1970 c71 s115

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Court may order delivery up of land

65. (1) Where

(a) a grantee, lessee or licensee, or other person, refuses or neglects to deliver up possession of land after forfeiture of the grant, lease or licence under this Act;

(b) a person is wrongfully in possession of Crown land; or

(c) a person having lawfully entered into possession or occupation of Crown land has forfeited his or her right to possession or occupancy, and refuses to vacate or abandon possession of the Crown land,

the minister may apply to a judge of the court for, and the judge upon proof to his or her satisfaction that the land was so forfeited and should properly revert to the Crown, or that the person is wrongfully in possession of Crown lands, shall grant an order upon the grantee, lessee or licensee, or person in possession, to deliver up the Crown land to the Crown.

(2) The order shall have the same force as an order for possession, and the sheriff shall execute the order in the same manner that he or she would execute the writ.

RSN1970 c71 s116; 1977 c44 s1

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Rights of holders of grants, etc. and of minister for purposes of proceedings at law

66. (1) For the purpose of a proceeding at law by way of trespass or ejection by a person holding or entitled to mines, minerals, timber, bog, water power or quarry rights under a grant, lease or licence from the Crown, or as assignee of a grant, lease or licence, the person shall be held to have an interest in the subject matter of the grant, lease or licence.

(2) For the purposes of a proceeding under sections 94 to 100, the minister shall be considered to be a person having an interest in all lands or tenements in this province held under Crown grants so as to enable him or her to present a petition under those sections against the holder of a Crown grant which he or she may claim ought to be set aside or otherwise dealt with as provided in those sections.

RSN1970 c71 s117; 1986 c42 Sch B

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Fee on issue of documents

67. (1) A grant, lease or licence shall be issued on the payment of a sum of not less than $1 for the document of title.

(2) All fees, prices, rentals, royalties or other payments payable in respect of leases, licences and grants or otherwise under this Act shall be paid in cash to the department.

RSN1970 c71 s118

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Grant or lease not to issue until fees paid

68. A grant or lease shall not be issued to a person, in respect of which a price or rental is payable under this Act, until the price or rental is paid in full, unless this Act otherwise provides.

RSN1970 c71 s119

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Grant, lease, etc. not effective until delivery in fact

69. Notwithstanding another law to the contrary, a grant, lease, licence or permit under this Act shall not become effective until delivery in fact into the hands of the grantee, lessee, licensee or permittee, or into the hands of some person for or on behalf of the grantee, lessee, licensee or permittee is made, notwithstanding that the grant, lease, licence or permit has been signed by the Lieutenant-Governor under the Great Seal of the province or by the minister, and until the delivery in fact the grant, lease, licence or permit may be cancelled, amended or otherwise dealt with.

RSN1970 c71 s120

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Certain acts or omissions not to be construed as waiver

70. The provisions of this or another statute for reversion to and revesting in the Crown or a minister of the Crown of lands and rights whenever vested or existing by grant, lease, licence or permit, or by another method under this or another Act, shall have effect, notwithstanding an acceptance of rent or other money by or on behalf of the Crown or a minister of the Crown in respect of lands or rights, and notwithstanding another act or omission which might be construed as a waiver of a term, condition, covenant, agreement or right of forfeiture, except a written waiver conveyed to the holder of the lands or rights by the express authority of the Lieutenant-Governor in Council.

RSN1970 c71 s121

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Regulations

71. The Lieutenant-Governor in Council may make regulations

(a) prescribing the fees to be paid under this Act;

(b) prescribing the forms of and modes of application for licences, permits, leases and grants issued under this Act, where no express provision for the prescription is made elsewhere in this Act;

(c) prescribing the standards for dwelling houses required to be erected on land leased under subsection 4(1);

(d) prescribing the method of surveying lands in respect of which applications are made under this Act, the duties of the surveyor with respect to the conduct of the survey and other matters relating to the survey; and

(e) generally, to give effect to the purpose of this Act.

RSN1970 c71 s122

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Execution and delivery of documents by minister

72. Where it is provided in this Act that the minister may issue a grant, lease, licence, permit or other instrument, the minister may execute it by subscribing his or her signature on it and affixing the seal of the department and may deliver the grant, lease, licence, permit or other instrument, and for the purposes of the execution and delivery, the signature of the Lieutenant-Governor shall not be required on it, nor shall it be necessary to pass the grant, lease, licence, permit or other instrument under the Great Seal of the province.

RSN1970 c71 s123

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Application to be by petition; inspection of records

73. (1) All applications for leases, licences or grants in respect of which no provision is specifically made in this Act shall be made by application to the Lieutenant-Governor in Council.

(2) Records of all applications and duplicates of all leases, licences or grants shall be kept and recorded at the department and all those records shall be open to the inspection of the public for the period that the minister may fix during normal business hours on the payment of a prescribed fee.

RSN1970 c71 s124; 1975-76 No20 s2

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Annual report of minister

74. The minister shall every year provide to the Lieutenant-Governor in Council, for the purpose of being laid before the Legislature, a detailed return of licences, leases and grants of all mineral, agricultural, timber and other lands, and of all water rights, issued within the year ending the last of March then past, of all money received for those licences, leases, grants and rights, the names of the licensees, lessees and grantees, with the date of and expenses incurred.

RSN1970 c71 s125

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Entry on land

75. (1) A person, authorized by the minister, may

(a) enter upon land in the province for the purpose of installing; and

(b) install

control survey markers.

(2) A surveyor, when engaged in the performance of his or her duties as a surveyor, may

(a) enter upon land in the province for the purpose of making observations to or from a control survey marker; and

(b) install on the land so entered temporary survey markers he or she considers necessary for his or her purpose on a traverse from a control survey marker, provided that the temporary survey markers shall be removed immediately upon completion of the work upon which the surveyor is engaged.

(3) A surveyor, when engaged in the performance of his or her duties as a surveyor, may pass over, measure along and ascertain the bearings of a section line or government line, and, for those purposes, pass over land in the province.

(4) A

(a) person acting under subsection (1); or

(b) surveyor acting under subsection (2) or (3)

shall

(c) exercise reasonable precautions to prevent fires; and

(d) restore all land concerned, as nearly as reasonably may be, to the condition existing before he or she acted under subsection (1), (2) or (3).

(5) A

(a) person acting under subsection (1); or

(b) surveyor acting under subsection (2) or (3)

shall be liable to pay compensation for an injury or damage caused by him or her while so acting.

(6) The amount of the compensation payable under subsection (5) may, in default of agreement between the parties, be fixed by a judge who may also determine the time and the manner of payment.

(7) A party who wishes to have the amount of the compensation fixed by a judge under subsection (6) may apply to the judge and before doing so he or she shall give to all interested persons 10 days' notice in writing of his or her application or a longer period of notice that the judge may order.

(8) An order of a judge made under subsection (6) is final and binding upon all the parties.

(9) Notwithstanding subsection (8), where the amount of compensation fixed under subsection (6) exceeds $1,000, either party may appeal to the court from the order of the judge.

(10) A judge before whom a proceeding is taken under subsection (6) may order a person from whom the compensation is claimed to give security for the payment of an amount which may be fixed and may, pending the termination of the proceeding, prohibit the person from further acting under subsection (1), (2) or (3).

(11) A

(a) person who intends under subsection (1); or

(b) surveyor who intends under subsection (2) or (3)

to enter upon a private land which is occupied shall deliver to the occupier of the land, whether or not he or she is the owner of the land, if he or she lives on a part of the land or is known and available and can easily be contacted, written notice of his or her authority to enter and what he or she intends to do on the land.

RSN1970 c71 s126

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Interruption of surveyors

76. A person who interrupts or hinder a surveyor while in the discharge of his or her duties, or knowingly or wilfully pulls down, defaces, alters or removes a mound, post, monument or control survey marker erected, planted or placed in a survey under this Act or under the authority of an Order in Council is guilty of an offence and is liable on summary conviction to a fine not exceeding $25 or imprisonment for a period not exceeding 3 months, without prejudice to a civil remedy which a surveyor or another party may have against the offender.

RSN1970 c71 s127

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Report of surveyor

77. A lease or grant shall not be issued unless a surveyor has reported to the minister that he or she made careful inquiry in the locality of the land and did not find an adverse claim or other reason why the land should not be leased or granted to the applicant.

RSN1970 c71 s128

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Notice to adverse claimant

78. Where

(a) a surveyor reports to the minister under section 77 that he or she has found an adverse claim with respect to the land proposed to be leased or granted; or

(b) before the issuing of the lease or grant the minister is otherwise made aware of an adverse claim,

the minister shall, before a lease or grant is issued, serve a notice on the adverse claimant personally or by certified mail of the application for the grant or lease or publish a notice in a newspaper having general circulation in the area in which the land is located.

1979 c44 s2

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Effect of adverse claim

79. Notwithstanding subsection 95(1), unless an adverse claimant makes an application under the Quieting of Titles Act to have his or her title judicially investigated within 60 days of the service, receipt or advertisement of the notice,

(a) the lease or grant may be issued; and

(b) a claim that the adverse claimant may have is barred upon the issuance of the lease or grant and he or she has no right to make an application under the Quieting of Titles Act, or this or another Act or law with respect to the land leased or granted.

1979 c44 s2; 1986 c42 Sch B

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Where minister claims land

80. (1) Where the minister is made aware of an adverse claim with respect to land that the minister believes is Crown land, the minister may serve a notice on the adverse claimant personally or by certified mail or, where the adverse claimant cannot be found or is avoiding service, publish a notice in a newspaper having general circulation in the area in which the land is located informing the adverse claimant that the minister claims the land in question as Crown land.

(2) Unless an adverse claimant who has been served with a notice under subsection (1) makes an application under the Quieting of Titles Act to have his or her title judicially investigated within 60 days of the service, receipt or advertisement of the notice a claim that the adverse claimant may have is barred and he or she has no right to make an application under the Quieting of Titles Act or this or another Act or law in respect to the land that is the subject of the notice.

1983 c80 s3; 1987 c41 s5

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Extension of time limit

81. Notwithstanding sections 79 and 80, where the minister considers it desirable, the time limits set out in those sections may be extended by him or her for a further 30 days upon written application for an extension being made to the minister by an adverse claimant before the expiration of the period of 60 days referred to in sections 79 and 80.

1983 c80 s3

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Notice of application

82. Where an adverse claimant makes an application under section 79 or 80, he or she shall

(a) in the case of an application made under section 79, immediately serve notice of the application on the minister and another interested party; or

(b) in the case of an application made under section 80, immediately serve notice of the application on the minister.

1983 c80 s3

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Reservation of public right of way around waters

83. In all grants, leases and licences issued under this Act and all transfers made under section 86 a strip of Crown lands not less than 10 metres wide around and adjoining all lakes and ponds and along each bank of all rivers shall be reserved.

RSN1970 c71 s129

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Construction, alteration or replacement of dams

84. (1) A person shall not construct, alter or replace, or begin the construction, alteration or replacement of a dam or carry out other work for the diversion or storage of water or the alteration of the natural flow or rate of flow of a stream, lake or waterway except with the prior written approval of the Lieutenant-Governor in Council.

(2) A person seeking the approval of the Lieutenant-Governor in Council to carry out a work referred to in subsection (1) shall submit to the minister a written application in which he or she shall

(a) set out the work that he or she proposed to carry out;

(b) indicate the stream, lake or waterway in respect of which he or she proposes to carry out the work;

(c) indicate the Crown lands which he or she requires for the purpose of carrying out the work and show that those lands are reasonably required for that purpose and that a grant, lease or licence of or to use those lands is not calculated to cause undue injury to the rights of others;

(d) show that there is no adverse claim or other reason why the grant, lease or licence should not be issued; and

(e) provide the other information that the minister may require.

(3) The Lieutenant-Governor in Council may approve the carrying out of the work referred to in subsection (1) and may

(a) attach to the approval the conditions that he or she considers appropriate; and

(b) by grant, lease or licence vest in the person referred to in subsection (2) Crown lands, whether adjoining or under the stream, lake or waterway in respect of which the application was made under subsection (2).

(4) The Lieutenant-Governor in Council may, on 6 months' notice without cause, or without notice where the person to whom approval has been given under subsection (3) has violated or failed to comply with a condition attached to the approval under paragraph (3)(a),

(a) order that person to remove a dam referred to in this section within the time that the Lieutenant-Governor in Council may prescribe in the order and to restore the stream, lake or waterway and the land adjoining or under it as nearly as possible to the condition it was in before the dam was constructed; or

(b) order that alterations or repairs in the dam be made in accordance with the order and that if those alterations or repairs are not carried out within the time specified in the order, the dam shall be removed.

(5) Where a person to whom an order has been directed under subsection (4) fails to carry out that order within the time prescribed in the order, or if he or she cannot be found, the minister may carry out the order and recover the cost of the work from that person as a debt due the Crown.

(6) Where the Lieutenant-Governor in Council makes an order under paragraph (4)(a) or carries out an order under subsection (5), he or she may by order cancel a grant, lease or licence issued under subsection (3) and from the date of the order the grant, lease or licence shall cease to the same effect as if it had never been issued and property belonging to the grantee, lessee or licensee which is on the land, if not removed within 1 month after the date of the order, belongs to the Crown.

RSN1970 c71 s131

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Holders of land to keep land fenced or otherwise marked

85. (1) Holders of lands, whether or not the lands are held under an assurance from the Crown, shall, at all times, either keep up a fence, or keep substantial posts, mounds or monuments at all corners and angles of the land held by them and keep the boundary lines through the woods connecting all the corners and angles open and clear to a width of at least 1 metre; and the absence of a fence, and of the posts, mounds, monuments and lines shall, subject to an existing law relating to trespass by cattle, be a good defence in an action of trespass brought or taken by a holder.

(2) The minister may order a survey of the lands referred to in subsection (1) where he or she is satisfied that the fences, posts, mounds or monuments or boundary lines which marked the boundaries of the original survey of any such lands are no longer in existence, or where in his or her opinion it is necessary or desirable to make a survey.

(3) Where, in the opinion of the minister, a survey under subsection (2) is necessary because of the failure of a holder to comply with subsection (1), the minister may require the holder to bear the cost of that survey, and may sue for it as if it were a civil debt due by the holder.

RSN1970 c71 s132

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Transfer of administration and control of Crown lands to specific ministers

86. (1) The Lieutenant-Governor in Council may, by order, transfer, either forever or for a lesser term, to a minister of the Crown in right of Canada specified in the order the administration and control of the entire or a lesser interest of the Crown in right of the province in Crown lands, and the transfer may be made subject to conditions, restrictions or limitations that the Lieutenant-Governor in Council considers advisable.

(2) Where the Crown lands to be transferred under subsection (1) contain not more than 20 hectares, the minister may transfer the Crown lands.

RSN1970 c71 s133; 1979 c44 s3

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Rights of non-residents and corporations

87. (1) In this section

(a) "non-resident corporation" means a corporation, other than a Crown corporation, or a corporation exempt from this section by order of the Lieutenant-Governor in Council, the principal seat of actual administration of which has not been in the province for at least 12 consecutive calendar months immediately before the appropriate date of application;

(b) "non-resident person" means a natural person who has not been a resident of the province for at least 12 consecutive calendar months immediately before the appropriate date of application with the fixed settled intention of making his or her permanent home in the province; and

(c) "person" includes "persons" whether or not formed into a partnership, association, organization or other body not being incorporated.

(2) A grant, lease, licence or permit under this Act shall not be made to a non-resident corporation or non-resident person except for or in connection with an industrial or commercial development approved as such for the purposes of this section by order of the Lieutenant-Governor in Council.

(3) Every order referred to in paragraph (1)(a) or in subsection (2) shall be published in the Gazette and has effect from the date of publication or a later date that may be specified in the order.

1971 No14 s2; 1971 No46 s2; 1983 c80 s4

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Lands reconveyed to Crown

88. Where lands leased, granted or otherwise disposed of under this Act or transferred under the Administration and Control of Lands of the Crown Transfer Act are conveyed to and vested in or transferred to or otherwise acquired by the Crown, and the Lieutenant-Governor in Council, on the recommendation of the Minister of Works, Services and Transportation, by order, transfers to the minister the administration and control of those lands, the lands shall be considered to be Crown lands and may be leased, granted or otherwise disposed of or dealt with under this Act in the same manner as other lands to which this Act applies.

1983 c80 s4

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Offence

89. (1) A person who, except in accordance with this Act or another Act permitting occupation or possession of Crown lands for the purposes of that Act, encloses, marks off or takes possession of Crown lands is guilty of an offence and is liable on summary conviction to a fine of not less than $200 or to a term of imprisonment not exceeding 3 months or to both a fine and imprisonment.

(2) An information or complaint with respect to an offence committed under subsection (1) may be laid or made on or before a day 12 months from the day when the offence first came to the notice of the minister.

1975-76 No20 s3; 1983 c80 s5

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Order to remove illegal structures

90. A judge who grants an order under section 65 against a person wrongfully in possession of Crown lands, or a Provincial Court judge who convicts a person of the offence referred to in section 89, may order that person

(a) to remove or restore to its former state a building, structure or thing erected or placed in, on or over the land; or

(b) to restore the land

possessed, enclosed or marked off, and if that person refuses or fails to carry out an order made under this section within the time prescribed by the judge, the judge may designate a person to carry it out, and the cost of carrying out the order shall be borne by and may be recovered as a civil debt from the person against whom the order is made or who is convicted.

1975-76 No20 s3

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Possession does not run against the Crown

91. (1) Notwithstanding a law or practice to the contrary, a period of possession of Crown lands on or after January 1, 1977, does not count for the purpose of conferring upon a person an interest in the land so possessed unless the period is permitted to count as against the Crown for the constitution of such an interest under a statute of the province, or as a condition of a grant, lease, licence or other document validly made or issued by or on behalf of the Crown under such a statute.

(2) The period of possession of Crown lands before January 1, 1977, which would, by the application of the law pertaining to the acquisition of an interest in land based upon open, notorious and exclusive possession existing before June 11, 1976, have been necessary to confer upon a person an interest in the land is considered to be, and always to have been, 20 years.

(3) The Lieutenant-Governor in Council may, upon being satisfied that

(a) a person has acquired an interest in Crown lands under subsection (2); and

(b) the land has been in continuous use for agricultural, business or residential purposes or for 1 of the purposes set out in section 12 for a 20 year period immediately before January 1, 1977,

direct the minister to issue a Crown grant to that person in respect of the land, and the Crown grant may be issued subject to those charges, exceptions or qualifications that the Lieutenant-Governor in Council may direct.

(4) Where the Crown lands affected by this section contain not more than 20 hectares, the minister may issue the Crown grant, upon being satisfied that

(a) the person has acquired an interest in Crown lands under subsection (2); and

(b) the land has been in continuous use for agricultural, business or residential purposes or for 1 of the purposes set out in section 12 for a 20 year period immediately before January 1, 1977,

and the grant may be issued subject to those charges, exceptions or qualifications that the minister may decide.

1975-76 No20 s3; 1979 c44 s4; 1983 c80 s6

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Powers and duties may be assigned

92. (1) Without limiting the Department of Environment and Lands Act, the Lieutenant-Governor in Council may assign to the Deputy Minister of Environment and Lands or to another official of the Department of Environment and Lands that may be designated by the Lieutenant-Governor in Council the performance of any of the duties and the exercise of any of the powers imposed or conferred on the minister by this Act, and the officer to whom the performance of those duties or the exercise of those powers is assigned in accordance with this section shall perform the duties and may exercise the powers as if they were specifically imposed or conferred by this Act.

(2) The Lieutenant-Governor in Council shall exercise the power conferred by subsection (1) by the issuing of an order, and every order so made shall be published in the Gazette and has effect from the date of publication or a later date that may be specified in the order.

1975-76 No20 s3; 1988 c43 Sch A

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Penalties

93. In a case where no other penalty is specifically provided, a person committing an offence against a provision of this Act shall be liable to a penalty not exceeding $50, to be recovered summarily.

RSN1970 c71 s135

PART IV
SETTING ASIDE, ALTERING OR AMENDING CROWN GRANTS

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Definitions

94. In this Part, "Crown grant" means

(a) a grant, lease or licence of occupation, absolute, limited or conditional, of or relating to Crown or public lands of the province; and

(b) a licence, lease or grant of a mining or other rights or interest of or in lands in the province granted by or issuing from the Crown or from the government of the province, or a department of the government of the province.

1986 c42 Sch C

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Application to court

95. (1) A person who has or claims to have an interest in lands or tenements in the province, or rights or privileges arising from that interest or appurtenant to that interest that are or are claimed to be held, conveyed, or otherwise affected by a Crown grant, who claims

(a) that the Crown grant is void or voidable, or has been or ought to be forfeited;

(b) that a defect, irregularity, omission or error of any kind has occurred in or relating to the Crown grant, the right or title of the Crown to make the Crown grant, or the right or claim of the grantee or holder of the Crown grant to obtain or retain it;

(c) that another act, matter or thing has been done or suffered by which the Crown grant, or a part, provision or condition of the grant should be set aside, declared void, struck out, expunged, altered or amended;

(d) that a clause, condition or provision should be added, or the name of a grantee or other party added, struck out or altered; or

(e) another relief against or in relation to the Crown grant,

may apply to the court.

(2) The application shall set out as briefly as possible

(a) the nature of the claim;

(b) the facts, circumstances or other grounds upon which the claim is made, or relief sought; and

(c) the nature of the relief sought.

(3) The application shall be verified by affidavit.

1986 c42 Sch C

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Notice to Attorney General

96. Notice of the application shall be served upon the Attorney General at least 60 days before the making of the application.

1986 c42 Sch C

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Parties

97. All persons whose interests are, may be or are sought to be in any way affected by the order of the court or other relief sought by the application

(a) shall be made parties to the proceedings under the application; and

(b) must be served with a copy of the application in the same manner and subject to the same consequences as in other causes or matters.

1986 c42 Sch C

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Default judgment

98. In the case of default of a defence, an order may be had as in other cases.

1986 c42 Sch C

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How case proceeds

99. Upon a defence being filed and served, the case may be proceeded with in all respects and in the same manner as in other cases to a final order.

1986 c42 Sch C

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Powers of court

100. The court may, at any stage of the proceedings on the application or upon the hearing of the application, make, pronounce and grant the order or decision, or grant other relief in relation to the subject matter of the application that might be given, pronounced or granted in another proceeding in relation to a deed, conveyance, contract or document, other than a Crown grant.

1986 c42 Sch C

©Earl G. Tucker, Queen's Printer