175 (1) Where required for or in connection with the proper working of a mine, mill for treating ore, quarry or oil or gas well, the owner, lessee or holder of it or the person entitled to work it may, subject as hereinafter provided, obtain and have vested in him, her or it by order of the Tribunal, made after hearing such parties interested as appear or on appeal from the Tribunal, (a) the right to open, construct, put in, maintain and use ditches, tunnels, adits, pipes, conduits, flumes and other works through, over or upon any land for the drainage, conveyance or passage of water; (b) the right to discharge water upon any land or by, through or into any existing means of drainage whether natural or artificial; (c) the right to drain off, lower or divert the water of any lake, pond, river, stream or watercourse, or any other water, although the water or part thereof may be on the land of or owned by any other person or that any other person may have rights or interests in or to such water or the use thereof; (d) the right to collect and dam back water, although it may overflow other land; (e) the right to take or divert and use for or in connection with the working of his, her or its own mine, quarry or oil or gas well and bring thereto for such use any specified water, and to construct and maintain dams and other works and do all other things necessary or convenient therefor; (f) rights of way or passage through or over any land or water, and the right to construct, improve, maintain and use suitable roads, tramways, aerial tramways, channels, waterways, passages and other means of transit and transportation upon, through or over any land or water, together with such other rights of entry upon and use of land and water as may be necessary or convenient therefor; (g) the right to transmit electricity or any other kind of power, or have it transmitted, through or over any land or water in any form or manner and to do everything necessary or convenient therefor; (h) the right to enter upon and use for or in connection with the working of his own mine, quarry or oil or gas well a specified area of other land; (i) the right to deposit tailings, slimes or other waste products upon any land, or to discharge the same into any water, the effects of such deposit or discharge not being injurious to life or health; (j) rights of way or passage through or over any land or water, and the right to construct, improve, maintain and use works to transport oil, gas or salt in solution from his, her or its own wells.  R.S.O. 1990, c. M.14, s. 175 (1); 2009, c. 21, s. 80; 2017, c. 8, Sched. 17, s. 7 (1). Compensation (2)  No such right shall be granted unless any injury or damage caused to any other person thereby can be adequately compensated for and unless in all the circumstances it seems reasonable and fitting to grant the right, and it shall not be granted until, in the case where injury or damage has already been suffered, compensation has been determined by the Tribunal, and the amount thereof paid, and in the exercise of any right so granted no unnecessary injury or damage shall be done to the land, property, rights or interests of other persons, and all injury and damage that may be caused to any person by the granting and exercise of any right obtained under this section shall be fully compensated for.  R.S.O. 1990, c. M.14, s. 175 (2); 2017, c. 8, Sched. 17, s. 7 (1). How fixed (3)  The order granting the right shall fix such compensation, or shall provide for the ascertainment thereof, and shall contain any provisions that are considered proper for securing the same and for protecting the rights and interests of any person whose land, property, rights or interests are affected or endangered, and, if considered proper, may require the applicant to make grants or concessions to or construct works or do any other thing for, or for the benefit of, that person or that person’s land or property, and such order may in all cases be upon such terms, and may grant the right upon such conditions and for such time as are considered proper.  R.S.O. 1990, c. M.14, s. 175 (3). Material to be filed on application (4)  In every application for such an order, the applicant, in addition to anything else required or directed, shall file in duplicate with the Tribunal a clear and precise statement of the right or rights being applied for, of the land or property affected and the owner or owners thereof so far as they can be ascertained, a map or plan of the locality showing the land and water involved, and definite and detailed plans and specifications of the works or things proposed to be constructed or done and, for the purpose of preparing the same, the Tribunal may authorize the applicant, and the applicant’s engineers and assistants to enter upon the land of any other person and make such examinations and measurements as may be necessary, and such statement, map or plan and plans and specifications may, by order, be amended or altered or modified at any stage of the proceedings and the Tribunal may give directions as to the notice to be given to the parties interested, the time and manner of service and the particulars to be furnished to such parties respectively.  R.S.O. 1990, c. M.14, s. 175 (4); 2017, c. 8, Sched. 17, s. 7 (1). Definition (5)  This section applies to and against all patented and unpatented lands and the word “lands” in this section includes any right or interest in lands.  R.S.O. 1990, c. M.14, s. 175 (5). Idem (6)  Subject to any change therein or rescission thereof by subsequent order of the Tribunal, all rights and benefits created by any order of the Tribunal heretofore or hereafter made under this section run with and are appurtenant and incident to the lands thereby benefited and all burdens and obligations created or imposed by any such order run with and are binding on all lands in respect of which they were created or imposed and such order continues valid and binding in respect of all lands thereby affected despite forfeiture thereof by the Crown or sale thereof because of unpaid taxes, it being expressly declared that the Crown or any municipality or any person acquiring such land is bound by such order in the same manner and to the same extent as the owner thereof at the time such order was made.  R.S.O. 1990, c. M.14, s. 175 (6); 2017, c. 8, Sched. 17, s. 7 (1). Idem (7)  Every such order shall contain proper descriptions of the lands thereby benefited and of all other lands thereby affected sufficient for purposes of registration, and there shall be attached thereto a plan or plans showing clearly the lands thereby benefited and all other lands thereby affected.  R.S.O. 1990, c. M.14, s. 175 (7). Notice (8)  Notice of hearing of all applications under this section shall be given to the Minister in the same manner as notice to any other interested person.  R.S.O. 1990, c. M.14, s. 175 (8). Copy to be filed (9)  A copy of every order made under this section, certified to be a true copy by the Tribunal, shall be immediately filed by the applicant in the Provincial Recording Office, and, if any patented lands are thereby affected, a copy of such order so certified shall be filed in the land registry office for the district in which the lands are situate.  R.S.O. 1990, c. M.14, s. 175 (9); 1999, c. 12, Sched. O, s. 51; 2017, c. 8, Sched. 17, s. 7 (25). Particulars to be entered (10)  The recorder or land registrar, as the case may be, shall enter particulars of such order against the titles of the lands thereby affected.  R.S.O. 1990, c. M.14, s. 175 (10). Where Ministry to send copy (11)  Where unpatented mining claims affected by any such order are subsequently patented or leased, a copy of such order so certified shall be sent to the proper land registry office by the Ministry with the grant or lease.  R.S.O. 1990, c. M.14, s. 175 (11). Failure to file (12)  Unless such order is so filed in the land registry office for the district in which the lands are situate, a purchaser for value without notice of patented lands affected by any such order is not bound thereby.  R.S.O. 1990, c. M.14, s. 175 (12). Tribunal may change order or award (13)  The Tribunal, for good cause shown and on such terms as seem just, may by subsequent order or award at any time change, supplement, alter, vary or rescind any order made under the authority of this section.  R.S.O. 1990, c. M.14, s. 175 (13); 2017, c. 8, Sched. 17, s. 7 (1). Rights not to be exercised until after expiration of time for appeal (14)  Rights granted under this section shall not be exercised until the time for appealing from the order granting the rights has expired or, where an appeal is entered, until the appeal is disposed of, but from and after such time, subject to any restriction or postponement provided for in the order, the person to whom any such right is granted may enter upon any land or property and exercise the right so granted, and any person who after such time obstructs the exercise of any such right or wilfully neglects or refuses to obey any order made under this section is guilty of an offence against this Act and, in addition to any other liability, is liable on conviction to a fine of not more than $250 for each day such obstruction, neglect or refusal continues.  R.S.O. 1990, c. M.14, s. 175 (14). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. O, s. 51 - 30/06/2000 2009, c. 21, s. 80 (1-4)
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