1 This Act may be cited as the Treasure Trove Act. R.S., c. 477, s. 1.
2 In this Act, "Minister" means the Minister of Mines and Energy. R.S., c. 477, s. 2.
Grant of licence
3 The Governor in Council may from time to time by licence under the hand of the Minister grant to any person the right to search in any part of the Province specified in the licence for precious stones or metals in a state other than their natural state and to recover and retain the same upon the payment to the Minister of a royalty thereon at such rate as the Governor in Council may prescribe. R.S., c. 477, s. 3.
Terms and conditions of licence
4 (1) The Governor in Council may prescribe the terms and conditions of any such licence.
(2) Upon being satisfied that there has been breach of or failure to perform those terms or conditions or any of them by the licensee, 4he Governor in Council may cancel the licence. R.S., c. 477, s. 4.
Consent to transfer or assignment of licence
5 No such licence shall be transferred or assigned without the written permission of the Minister. R.S., c. 477, s. 5.
Duty to report recovery of precious stone or metal
6 When any person, whether the holder of a licence issued under this Act or not, discovers or recovers any precious stones or metals in a state other than their natural state or any treasure or treasure trove, he shall forthwith make a report in writing verified upon oath to the Minister setting out full particulars of the articles, treasure or treasure trove so discovered or recovered, the location of the discovery and the place at which the said articles, treasure or treasure trove may be inspected by the Minister or by some person on his behalf. R.S., c. 477, s. 6.
Retention of treasure upon payment of royalty
7 The Minister may upon payment of a royalty at the rate prescribed by a licence confirm to the holder of a licence the right to retain for his own use and benefit any precious metals or stones in a state other than their natural state and any treasure and treasure trove discovered and recovered by him within the area covered by his licence. R.S., c. 477, s. 7.
Right of entry and search upon Crown lands
8 The holder of a licence issued under this Act may in accordance with the terms and conditions of his licence enter and search upon Crown lands within the area covered by the licence. R.S., c. 477, s. 8.
Condition before entry and search upon private lands
9 No holder of a licence shall enter or search upon private lands except with the consent of the owner, tenant or occupant thereof or under special licence from the Minister. R.S., c. 477, s. 9.
Application for special licence to search private lands
10 (1) The holder of a licence who is unable to make an agreement with the owner, tenant or occupant of private lands for the right to enter and search upon private lands within the area covered by his licence may apply to the Minister, after notice to the owner, tenant or occupant, for a special licence to enter and search upon such lands.
Grant of special licence
(2) The Minister after hearing the parties may grant such special licence upon such terms and conditions as he may think proper, and may determine the amount of any compensation to be paid to such owner, tenant or occupant and the manner and time of payment of the same.
Security for compensation
(3) The Minister may order the giving of security for payment of the compensation and may prohibit, pending the determination of the proceeding or until the compensation is paid or secured, further entry or search by such licensee or any person claiming under him.
Substituted service of notice
(4) Where there are several owners, tenants or occupants of the lands sought to be entered and there are, in the opinion of the Minister, special difficulties in effecting service of any notice under this Section, he may order substituted service in such manner as he may determine.
No appeal from grant or order
(5) There shall be no appeal from the granting by the Minister of such special licence nor from any order for security nor from any order or decision or ruling in respect thereto.
Appeal respecting amount of compensation
(6) A licensee or other person aggrieved by the determination by the Minister pursuant to this Section of the amount of compensation may, within thirty days of that determination, appeal therefrom to the county court of the district in which the land lies and, on such an appeal, that court may determine the amount of compensation to be paid by the licensee. R.S., c. 477, s. 10.
Petition to acquire land
11 (1) When the holder of a licence issued under Section 3 requires any land within the area covered by his licence or any right or interest therein for the purpose of entering and searching upon and recovering precious stones or metals in other than their natural state or any treasure or treasure trove and he is unable to acquire such land, right or interest by agreement with the owner, he may proceed by way of petition to the Minister in the same manner as a lessee under the Mineral Resources Act may proceed by application to the Minister under Section 70 of the Mineral Resources Act.
Mineral Resources Act
(2) Sections 70 to 75 of the Mineral Resources Act apply mutatis mutandis to proceedings under this Section and the Minister shall have and may exercise with respect to any lands covered by a licence issued under Section 3 all the power and authority that the Minister has with respect to lands within the limits of a mining lease. R.S., c. 477, s. 11.
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