This regulation sets how applications to the Conservation Agreements Board must be prepared, served, and heard, and when the chairperson may dismiss them.
Conservation Agreement Board Procedure Regulation, M.R. 150/98 The Conservation Agreements Act , C.C.S.M. c. C173 Regulation 150/98 Registered August 21, 1998 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application to board 3 Time for service of application 4 Content of application under subsection 7(4) of the Act 5 Content of application under subsection 9(4) of the Act 6 Chairperson may dismiss application 7 Time of hearing Definitions 1 In this regulation, "Act" means The Conservation Agreements Act . Application to board 2 An application to the board under subsection 7(4) or 9(4) of the Act shall be in writing and shall be served by registered mail or fax on: Chairperson Conservation Agreements Board Province of Manitoba Box 11, 200 Saulteaux Crescent Winnipeg MB R3J 3W3 Fax # (204) 945-7419 M.R. 154/2007 Time for service of application 3 An application to the board under subsection 7(4) of the Act shall be served within 30 days of the date the applicant was served with a notice of intent under subsection 7(3) of the Act. Content of application under subsection 7(4) of the Act 4 The following information shall be included in an application to the board under subsection 7(4) of the Act: (a) the name of the applicant or applicants; (b) whether the applicant is a person who appears from the Certificate of Title to have an interest in land, a registered charge, lien or judgment against the land, or a security interest in the land; (c) the date the applicant was served with a notice of intent under subsection 7(3) of the Act; (d) the applicant's reasons why the caveat should not be filed. Content of application under subsection 9(4) of the Act 5 The following information shall be included in an application to the board under subsection 9(4) of the Act: (a) the name of the applicant; (b) a copy of the conservation agreement that is the subject of the application; (c) the applicant's reasons why the continued existence of the conservation agreement constitute an unreasonable hardship. Chairperson may dismiss application 6 The chairperson of the board may dismiss an application made under subsection 7(4) or 9(4) of the Act before it is considered by the board where (a) the application is made under subsection 7(4) of the Act and (i) the applicant is not a party required to be served with a notice of intent under subsection 7(3) of the Act, or (ii) the application was not served within 30 days after the applicant was served with a notice of intent under subsection 7(3) of the Act; (b) the application is made under subsection 9(4) of the Act and (i) the applicant is not a landowner, or (ii) the applicant is a landowner and has made an application under subsection 9(4) with respect to the same conservation agreement within twenty years preceding the date of the present application; or (c) the chairperson is of the opinion that the reasons for the application are frivolous and vexatious. Time of hearing 7 Where the Chair does not dismiss an application under subsection (1), the Board shall hear the application within 60 days of the date of service of the application.