Mines and Minerals
Marginal note:Protection of mines
79. No company shall, without the authority of the Board, locate the line of its proposed pipeline, or construct the pipeline or portion thereof, so as to obstruct or interfere with or injuriously affect the working of or the access or adit to a mine then open, or for the opening of which preparations are, at the time of the location, being lawfully and openly made.
- R.S., c. N-6, s. 68.
Marginal note:Right to minerals
80. A company is not, unless they have been expressly purchased, entitled to mines, ores, metals, coal, slate, oil, gas or other minerals in or under lands purchased by it, or taken by it under compulsory powers given to it by this Act, except only the parts of them that are necessary to be dug, carried away or used in the construction of the works, and, except as provided in this section, all those mines and minerals shall be deemed to be excepted from the transfer of the lands, unless they have been expressly included in the transfer documents.
- R.S., 1985, c. N-7, s. 80;
- 2004, c. 25, s. 157.
Marginal note:Protection of pipeline from mining operations
81. (1) No person shall work or prospect for mines or minerals lying under a pipeline or any of the works connected therewith, or within forty metres therefrom, until leave therefor has been obtained from the Board.
Marginal note:Use of oil and gas
(2) Notwithstanding subsection (1), leave from the Board is not required in the case of a well taking oil or gas from lands lying under a pipeline or any of the works connected therewith if the well is not drilled within forty metres of the pipeline.
Marginal note:Application for leave
(3) On an application to the Board for leave to work or prospect for mines or minerals, the applicant shall submit a plan and profile of the portion of the pipeline to be affected thereby, giving all reasonable and necessary information and details respecting the proposed operations.
Marginal note:Terms of leave
(4) The Board may grant the application referred to in subsection (3) on such terms and conditions for the protection, safety or security of the public as seem expedient to the Board, and may order that such things be done as under the circumstances appear to the Board to be best adapted to remove or diminish the danger arising or likely to arise from the proposed operations.
- R.S., 1985, c. N-7, s. 81;
- 2004, c. 15, s. 89(E).
Marginal note:Examination of site of mining operations
82. If necessary in order to ascertain whether any mining or prospecting operations have been carried on so as to injure or be detrimental to a pipeline or its safety or security or the safety or security of the public, a company may, with the written permission of the Board and after giving twenty-four hours notice in writing, enter on any lands through or near which its pipeline passes where any mining or prospecting operations are being carried on, and enter into and return from the site of the operations, and for those purposes the company may make use of any apparatus used in connection with the operations and use all necessary means for discovering the distance from its pipeline to the place where the operations are being carried on.
- R.S., 1985, c. N-7, s. 82;
- 2004, c. 15, s. 90.
- Date modified: