Acts & Regulations

Transmission Expropriation S.37(1) Hydro & Electric Energy Act & Cross Arms & Conductors

Expropriation 37

(1) When an operator requires an estate or interest in land, other than in patented land as defined in the Metis Settlements Act, for the purposes of a power plant or a transmission line, the estate of interest may be acquired in land owned by the Crown or by any other person

(a) by negotiation with the owner, 

(b) by expropriation under the Expropriation Act, in the case of a power plant containing an isolated generating unit as defined in the Electric Utilities Act, or 

(c) by proceedings under the Surface Rights Act, in the case of a transmission line.

(2) When an operator requires an estate or interest less than the fee simple in patented land as defined in the Metis Settlements Act for the purposes of a power plant or transmission line, the estate or interest may be acquired

(a) by negotiation,

(b) under section 6 of the Metis Settlements Land Protection Act, in the case of a power plant containing an isolated generating unit as defined in the Electric Utilities Act, or

(c) by proceedings under Part 4 of the Metis Settlements Act, in the case of a transmission line.

(3) Notwithstanding anything in this Act, any structure that is part of a transmission line and is located on land comprising a public highway, street, lane, road allowance or other public place and any power line attached to or resting on the structure may project into the airspace of the property adjoining that land without the consent of the owners or occupants of the property, to the greater of

(a) the maximum extent to which any cross arm or any component attached to the cross arm other than a power line extends in any on direction from the rest of the structure, and

(b) the maximum extent to which any power line 

(i) that is attached to or rests on the structure, and

(ii) that in the absence of wind does not project over the adjoining property further than any part of the structure is capable of extending over the adjoining property under maximum wind conditions.

(4) No person is entitled to any remedy or damages or any other compensation or relief as a result of the existence of a projection described in subsection (3)

Mines and Minerals Act

Section 1(1)(p) defines "mineral" as follows:

(p) "minerals means all naturally occurring minerals, and without restricting the generality of the foregoing, includes

(i) gold, silver, uranium, platinum, pitchblende, radium, precious stones, copper, iron, tin, zinc, asbestos, salts, sulphur, petroleum, oil, asphalt, bituminous sands, oil sands, natural gas, coal, anhydrite, barite, bauxite, bentonite, diatomite, dolomite, epsomite, granite, gypsum, limestone, marble, mica, mirabilite, potash, quartz rock, rock phosphate, sandstone, serpentine, shale, slate, talc, thenardite, trona, volcanic ash, sand, gravel, clay and marl, but

(ii) does not include

(A) sand and gravel that belong to the owner of the surface of land under section 58 of the Law of Property Act,

(B) clay and marl that belong to the owner of the surface of land under section 57 of the Law of Property Act, or

(C) peat on the surface of land and peat obtained by stripping off the overburden, excavating from the surface, or otherwise recovered by surface operations;

Law of Property Act

Mineral declaration

56(1) Each of the following substances that naturally occurs within, on or under land is hereby declared to be and at all times to have been a mineral: anhydrite, barite, bauxite, bentonite, diatomite, dolomite, epsomite, granit rock, gypsum, limestone, marble,mica, mirabilite, potash, quartz rock, phosphate, sandstone, serpentine, shale, slate, talc, thenardite, trona, volcanic ash.

Clay and marl

57(1) In this section, "clay" or "marl" does not include any substance named in 56(1).

(2) The owner of the surface of land is and is to be deemed at all times to have been the owner of and entitled to clay and marl on the surface of that land, and all clay and marl obtained by stripping off the overburden or excavating from the surface, or otherwise recovered by surface operations.

(3)The clay and marl referred to in subsection (2) is deemed not to be a mine, mineral or valuable stone but is deemed to be and to have been a part of the surface of land and to belong to the owner of the surface.

(4) Notwithstanding any patent, title, grant, deed, notification, conveyance, lease, licence, agreement, disposition or other document, issued or made before, on or after April 12, 1961, and that contains or reserves mines, minerals or valuable stone, the owner of the mines, minerals or valuable stone in any land is not entitled to the clay and marl referred to in subsection (2) as against the owner of the surface of the land.

(5) Notwithstanding subsections (2), (3) and (4), if a person who is the owner of or has an interest in mines, minerals or valuable stone has, prior to April 12, 1961, in good faith and for valuable consideration, granted a lease or other disposition of the clay or marl referred to in subsection (2), the lease or other disposition is not invalidated by the fact that the owner of or person having an interest in the mines, minerals or valuable stone is not entitled to the clay or marl.

(6) Subsection (5) only applies during the current term of the lease or other disposition as provided in it at April 12, 1961 and does not apply to any renewal, extension or continuation of it.

(7) No right of action for damages or for compensation lies against the parties to the lease or other disposition for dealing in the clay or marl in accordance with the terms of a lease or other disposition to which this section applies.

(8) Nothing in this section shall be construed as entitling or empowering any person who owns or has an interest in the surface of any land affected by a lease or other disposition to which subsection (5) applies

(a) to enforce the lease or other disposition or exercise any rights under it, or

(b) to demand or recover any rents or royalties under it or any money payable under it.

(9) If clay or marl has been removed from any land prior to April 12, 1961

(a) by the owner of the mines, minerals or valuable stone, or

(b) by a person claiming through the owner,

acting in good faith and in the honest belief that the owner or person was entitled to it, no right of action lies against that owner or person for damages or for compensation by reason of the removal of the clay or marl prior to April 12, 1961.

Sand and gravel

58(1) The owner of the surface of land is and is to be deemed at all times to have been the owner of and entitled to sand and gravel on the surface of that land, and all sand and gravel obtained by stripping off the overburden or excavating from the surface, or otherwise recovered by surface operations.

(2) The sand and gravel referred to in subsection (1) is deemed not be a mine, mineral or valuable stone but is deemed to be and to have been a part of the surface of land and to belong to the owner of the surface.

(3) Notwithstanding any patent, title, grant, deed, notification, conveyance, lease, licence, agreement, disposition or other document, issued or made before, on or after April 7, 1951, and that contains or reserves mines, minerals or valuable stone, the owner of the mines, minerals or valuable stone in any land is not entitled to the sand and gravel in the land referred to in subsection (1) as against the owner of the surface of the land.

(4) If, before April 7, 1951, sand and gravel have been dealt with or removed from any land

(a) by the owner of the mines, minerals or valuable stone, or

(b) by a person claiming through the owner,

acting in good faith and in the honest belief that the owner or person was entitled to it, the owner of the surface of the land has no right of action for damages or for compensation by reason of that dealing with or removal of the sand and gravel other than any right of action that the owner of the surface of the land would have had if the person who dealt with or removed the sand and gravel had been the owner of it.