Acts and Regulations

2011, c.200 - Ownership of Minerals Act

Full text
Power of Cabinet to make orders
3(1)The Lieutenant-Governor in Council has full power and authority to make such orders as he or she may consider necessary or desirable
(a) to declare all or any minerals, whether owned by the Crown or by any other person, existing in a natural state beneath the surface of the land anywhere in the Province, or in any designated area in the Province, to be property separate from the soil;
(b) to vest in the Crown in right of the Province all or any of the minerals referred to in paragraph (a) or any part of them even though all or any of those minerals or any part of them are claimed by any person through the express words of any instrument, enactment or law, or otherwise;
(c) to fix the effective date of any order made under paragraph (a) or (b) and for that purpose to give the order retrospective effect;
(d) to declare that every grant of land from the Crown made at any time previously shall be construed and held to have excepted and reserved to the Crown all the minerals, within the meaning of this Act, in the land, despite the provisions of any grant or instrument or of any enactment or law;
(e) to provide for compensation to persons sustaining loss or damage by reason of any order made under this Act and the amount of compensation;
(f) to prescribe the terms and conditions under which any claim may be made, or compensation may be made, for loss or damage sustained by reason of any order made under this Act;
(g) to give the exclusive right for a period not less than one year as he or she may determine for prospecting and staking for any minerals taken under this Act to the owners in fee simple of the lands under which the minerals lie.
3(2)The Lieutenant-Governor in Council may make any order under this Act particular or general in its application.
R.S.1973, c.O-6, s.2, s.3
Power of Cabinet to make orders
3(1)The Lieutenant-Governor in Council has full power and authority to make such orders as he or she may consider necessary or desirable
(a) to declare all or any minerals, whether owned by the Crown or by any other person, existing in a natural state beneath the surface of the land anywhere in the Province, or in any designated area in the Province, to be property separate from the soil;
(b) to vest in the Crown in right of the Province all or any of the minerals referred to in paragraph (a) or any part of them even though all or any of those minerals or any part of them are claimed by any person through the express words of any instrument, enactment or law, or otherwise;
(c) to fix the effective date of any order made under paragraph (a) or (b) and for that purpose to give the order retrospective effect;
(d) to declare that every grant of land from the Crown made at any time previously shall be construed and held to have excepted and reserved to the Crown all the minerals, within the meaning of this Act, in the land, despite the provisions of any grant or instrument or of any enactment or law;
(e) to provide for compensation to persons sustaining loss or damage by reason of any order made under this Act and the amount of compensation;
(f) to prescribe the terms and conditions under which any claim may be made, or compensation may be made, for loss or damage sustained by reason of any order made under this Act;
(g) to give the exclusive right for a period not less than one year as he or she may determine for prospecting and staking for any minerals taken under this Act to the owners in fee simple of the lands under which the minerals lie.
3(2)The Lieutenant-Governor in Council may make any order under this Act particular or general in its application.
R.S.1973, c.O-6, s.2, s.3