DELINEATION OF SURFACE AND MINERAL TENURE LAND RIGHTS (1998 – revised 1999)

 

Surface land rights and mineral tenure rights are held independently so there is potential for conflict between these rights.  Although mineral tenure holders are required to notify surface title holders prior to developing a site, there is not currently any process that ensures surface developers are aware of mineral tenure claims in areas slated for surface development or to notify mineral tenure holders of such plans.

 

THE CHAMBER RECOMMENDS

 

That the provincial government:

 

1. put a process in place to ensure that surface titleholders be made aware of mineral tenure prior to acquisition; and

 

2. ensure that surface title holders must notify mineral titleholders prior to proceeding with development.