72. (1) The persons appointed to a panel of arbitration pursuant to section 71 shall
(a) determine the extent to which and the terms and conditions on which the locator may enter on the land owned or leased by the surface holder;
(b) determine the amount of compensation to be paid to the surface holder by the locator;
(c) determine the cost of the arbitration and the portions thereof to be paid by the surface holder and the locator, respectively; and
(d) file a written report of their findings and recommendations with the Supervising Mining Recorder.
(2) In determining the extent to which the locator or a person acting on his behalf is to be allowed entry on the surface holder’s land, a panel of arbitration may, before determining the amount of compensation to be paid to the surface holder, make a preliminary report to the Supervising Mining Recorder recommending the extent to which and the terms and conditions on which such entry should be allowed.
(3) Where a report of a panel of arbitration recommends that the locator be allowed entry on the land or part thereof owned or leased by the surface holder, the Supervising Mining Recorder shall make an order authorizing entry by the locator on the land or part thereof specified in the order.
PROHIBITIONS AND RESERVATIONS
73. [Repealed, SOR/2007-273, s. 29]
74. (1) Except as provided in subsection (2), no person shall drill a hole in post-precambrian sedimentary rock to a depth in excess of 500 feet unless he
(a) applies to an engineer of mines for a drilling authority; and
(b) complies with the terms of any drilling authority issued by the engineer of mines respecting the safety precautions to be followed in the event that hydrocarbons are encountered.
(2) Where a drilling authority has been issued to a person to drill a hole pursuant to subsection (1) and no hydrocarbons have been encountered in drilling the hole, a second hole may be drilled by that person under the drilling authority if the second hole is within one mile of the first hole and does not exceed it in depth.
(3) No person shall abandon a hole in respect of which a drilling authority has been issued unless he files a notice of abandonment with an engineer of mines and complies with his requirements in respect of abandonment.
(4) No person shall begin any drilling program unless he has notified the engineer of mines thereof.
(5) A person who carries out a drilling program shall, at the end of each month, file a report to the engineer of mines in Form 20 of Schedule III showing the number of holes and the footage drilled in the program during that month.
(6) Every report filed pursuant to subsection (5) shall not, if requested by the holder of the claim to which the report relates, be open to public inspection for a period of three years from the date on which the report is filed or until the claim lapses, whichever is the earlier.
(7) No copy of a report referred to in subsection (6) shall be issued to any person except the holder of the claim to which the report relates except for the purpose of the administration or enforcement of these Regulations.
- SOR/79-234, s. 23.
- Date modified: