Decision of Board
2015, c.38, s.1; 2023, c.6, s.2
112.13(1)After hearing the application, the Board may
(a)
dismiss the application if the applicant fails to demonstrate, to the Board’s satisfaction, that
(i)
the private land is required for the purpose of the mine,
(ii)
all reasonable efforts have been made to reach an agreement with the owner for the acquisition of the private land, and
(iii)
it is in the public interest that the vesting order be issued, or
(b)
allow the application in whole or in part and vest the private land in the applicant in fee simple by a vesting order.
112.13(2)A vesting order shall contain:
(a)
a statement indicating that the private land vests in the applicant in fee simple, free and clear from all encumbrances, other than a right-of-way or easement for the conveyance, transmission or transportation of water, oil, gas, electricity or telecommunication or for the disposal of sewage or any other easement or right-of-way, however created, on, over or in respect of the private land;
(b)
a provision requiring the applicant to pay all debts, liabilities and taxes owing on the private land;
(c)
a provision requiring the applicant to pay compensation in the amount the Board considers appropriate;
(d)
a provision specifying the form and manner in which the applicant shall provide proof of payment of the debts, liabilities, taxes and compensation for the purpose of registering the vesting order; and
(e)
any other provision for the disposal of the matter that the Board considers just and equitable.
112.13(3)Repealed: 2023, c.6, s.2 2015, c.38, s.1; 2023, c.6, s.2