148 (1) Subject to subsection (9), the proponent of a mine hazard that causes or is likely to cause an immediate and dangerous adverse effect shall forthwith do everything practicable to prevent, eliminate and ameliorate it.  1996, c. 1, Sched. O, s. 26. Order to rehabilitate site (2)  If the Minister has reasonable grounds for believing that a mine hazard is causing or is likely to cause an immediate and dangerous adverse effect, the Minister may order the proponent to rehabilitate the mine hazard upon such terms as he or she may specify.  1996, c. 1, Sched. O, s. 26. Minister’s directions (3)  If the Minister has reasonable grounds for believing that a mine hazard is causing or is likely to cause an immediate and dangerous adverse effect, the Minister may, in the circumstances specified in subsection (4), give directions in accordance with subsection (5) to the employees and agents of the Ministry.  1996, c. 1, Sched. O, s. 26. Where Minister may give directions (4)  The Minister may give directions in accordance with subsection (5) if he or she is of the opinion that it is in the public interest to do so and, (a) he or she is of the opinion that the proponent will not carry out promptly the work required to prevent, eliminate and ameliorate the adverse effect; (b) he or she is of the opinion that the proponent cannot be readily identified or located and that as a result the duty imposed by subsection (1) will not be carried out promptly; (c) the proponent of the mine hazard requests the Minister’s assistance in order to carry out the duty imposed by subsection (1); or (d) there is no proponent of the mine hazard and the mine hazard is located on Crown land or on prescribed land.  1996, c. 1, Sched. O, s. 26; 2017, c. 6, Sched. 2, s. 70 (1). Contents of directions (5)  Under this section, the Minister may direct the employees and agents of the Ministry to do everything practicable, or to do such work and take such action as may be specified in the directions, in respect of the prevention, elimination and amelioration of the adverse effect.  1996, c. 1, Sched. O, s. 26. Employees and agents (6)  No Act, regulation, by-law, order, permit, closure plan, approval or licence bars the employees and agents of the Ministry from acting in accordance with the directions given by the Minister under this section.  1996, c. 1, Sched. O, s. 26. Hearing (7)  The Minister need not hold, or afford to any person an opportunity for, a hearing before giving directions under this section.  1996, c. 1, Sched. O, s. 26. Continuing offence (8)  Failure to comply with an order under subsection (2) constitutes an offence that continues for each day during which the failure continues.  1996, c. 1, Sched. O, s. 26. Where section does not apply (9)  Nothing in this section applies to a holder of an unpatented mining claim with respect to a mine hazard that was created by others prior to the registration of the claim and that has not been materially disturbed or affected by the holder of the unpatented mining claim since the registration of the claim.  1996, c. 1, Sched. O, s. 26; 2017, c. 6, Sched. 2, s. 70 (2). Transition, application to converted mining claims (10) Despite subsection (9), if an unpatented mining claim referred to in that subsection was staked and recorded on a day before the day section 22 of Schedule 2 to the Aggregate Resources and Mining Modernization Act, 2017 came into force and then converted from a legacy claim under section 38.2 and deemed to have been registered under subsection 38 (2), any reference in subsection (9) to the registration of the claim shall be deemed to be a reference to the staking of the claim. 2017, c. 6, Sched. 2, s. 70 (3). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 26 - 30/06/2000 2017, c. 6, Sched. 2, s. 70 (1) - 09/01/2018; 2017, c. 6, Sched. 2, s. 70 (2, 3) - 10/04/2018 2023, c. 6, s. 28 (1)
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