This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date.

Petroleum and Natural Gas (Vancouver Island Railway Lands) Act

[SBC 1986] CHAPTER 21

Assented to June 17, 1986

Contents
Section
  1.  Interpretation
  2.  Confirmation of dispositions
  3.  Confirmation of Crown title
  4.  Compensation
  5.  Determinations by board
  6.  Application of Land Title Act
  7.  Regulations

Interpretation

1.  In this Act

"board" means the Mediation and Arbitration Board referred to in the Petroleum and Natural Gas Act;

"interest" includes any right, title, claim or interest;

"natural gas" and "petroleum" have the same meanings as in the Petroleum and Natural Gas Act;

"railway lands" means the lands on Vancouver Island granted to the Dominion Government by section 3 of An Act Relating to the Island Railway, the Graving Dock, and Railway Lands of the Province, 47 Vict. 1884, c. 14, and includes the lands referred to in sections 4 and 6 of that Act.

Historical Note(s): 1986-21-1.

Confirmation of dispositions

2.  (1) In this section "disposition" means every disposition or purported disposition of any interest in petroleum or natural gas or both in the railway lands made, before this Act came into force, by Her Majesty in right of the Province pursuant to the Petroleum and Natural Gas Act, or any enactment replaced by that Act.

(2) Every disposition is confirmed and ratified, and for this purpose it is declared that every interest in petroleum and natural gas that

(a) existed in the railway lands affected by the disposition, and

(b) was not, at the time of the disposition, vested in Her Majesty in right of the Province

was, immediately before that disposition, transferred to, vested in and reserved to Her Majesty in right of the Province, and this section is retroactive to the extent necessary to give it full force and effect.

(3) Nothing in subsection (2) operates to revive or reinstate an interest that a person had under or pursuant to a disposition where that interest was subsequently abandoned, forfeited or surrendered to Her Majesty in right of the Province or otherwise extinguished.

Historical Note(s): 1986-21-2.

Confirmation of Crown title

3.  (1) Where

(a) the petroleum and natural gas in railway lands has not, before this Act came into force, been the subject of a disposition or purported disposition of petroleum or natural gas or both pursuant to the Petroleum and Natural Gas Act, and

(b) the Lieutenant Governor in Council considers that in order to facilitate exploration for or extraction of petroleum or natural gas or both, it is desirable to make an order under this section;

the Lieutenant Governor in Council may order that all interests in petroleum and natural gas in those lands is confirmed in or transferred to, and is vested in and reserved to Her Majesty in right of the Province.

(2) An order under subsection (1)

(a) shall describe that part of the railway lands in respect of which it applies, with sufficient particularity to identify the lands, and

(b) is, notwithstanding any other enactment, but subject to subsections (3) and (4), effective without further conveyance or transfer, to transfer and vest in Her Majesty in right of the Province all such interests in petroleum and natural gas in the lands so described as are not already vested in Her Majesty in right of the Province.

(3) Where an order is made under subsection (1), the minister shall publish a copy of the order or a summary of its contents, in a newspaper circulating in the area of the land affected and may post or erect, on or in the vicinity of the land affected, a sign containing a copy of the order or a summary of its contents.

(4) The transfer and vesting referred to in subsection (2) (b) takes effect 30 days after the copy or summary referred to in subsection (3) is first published as required by that subsection.

Historical Note(s): 1986-21-3.

Compensation

4.  (1) A person who establishes, in accordance with this Act, that, immediately before a transfer to and vesting in Her Majesty of petroleum and natural gas by virtue of section 2 or by virtue of an order under section 3, he had an interest in that petroleum and natural gas is, subject to this Act, entitled to compensation from Her Majesty.

(2) A person is not entitled to compensation in respect of an interest that he had in petroleum and natural gas unless he files in the prescribed manner particulars of his claim with the board,

(a) in the case of a transfer and vesting effected by section 2, within one year after the coming into force of that section, or

(b) in the case of a transfer and vesting occurring by virtue of an order under section 3, within one year after the transfer and vesting takes effect.

(3) A right to compensation under this section is personal property.

(4) Compensation in respect of a person's interest in petroleum and natural gas shall not exceed the lesser of

(a) where the petroleum and natural gas is the subject of a petroleum and natural gas lease under the Petroleum and Natural Gas Act, the royalty reserved to Her Majesty pursuant to that Act, or

(b) an amount equivalent to the royalty that the board considers would have been paid to the owner.

Historical Note(s): 1986-21-4.

Determinations by board

5.  (1) Questions of whether persons who have filed particulars of their claim in accordance with section 4 have established their claim and the amount of compensation payable to them shall be determined by the board.

(2) For the purpose of this section, Part 3 of the Petroleum and Natural Gas Act applies, with such additions and modifications as the Lieutenant Governor in Council prescribes.

Historical Note(s): 1986-21-5.

Application of Land Title Act

6.  Where by the operation of this Act an interest in petroleum and natural gas in railway lands is or becomes vested in Her Majesty, that interest shall, for the purposes of the application of section 23 (1) (a) of the Land Title Act, be deemed to be held by Her Majesty pursuant to a subsisting exception and reservation contained in the original grant of those lands from the Crown.

Historical Note(s): 1986-21-6.

Regulations

7.  The Lieutenant Governor in Council may make regulations.

Historical Note(s): 1986-21-7.