Bill 64 (Legislature 12, Session 1)

L12 S1 6732

Alberta — Bills

Bill No. 64 of 1953 A BILL TO AMEND THE MINES AND MINERALS ACT NOTE This Bill amends The Mines and Minerals Act being

chapter 66 of the Statutes of Alberta, 1949. '

Section 9 of the A'ct outlines the jurisdiction of the De partment and it is amended by the addition of a new clause dealing with tax reeovery minerals. The provisions in

section 19 authorizing the Lieutenant Governor in Council to establish a tariff of fees is amended to provide for a fee for consenting to the conveyance of any right granted to a lessee.

Section 25a deals with the right of an operator to work through other minerals in the same tra'ct as a mineral whieh he is seeking to recover. A new

section is added immediately following to deal with the case of an operator drilling a well directionally from a point outside the tra~t in which his mineral is situated, and to provide for the right to work through the minerals outside of the tract to the extent necessary. A new subsection is added to

section 42 providing that a person authorized by the Minister in the course of his duties may enter upon lands in the Province or into a plant for the recovery, processing or treating of a mineral, and to provide further that he may require certain information from who ever is in eharge of such a plant.

Section 275a authorizes the Lieutenant Governor in Council to make regulations governing the granting of licenses of natural gas rights. A new subsection is added authorizing the Lieutenant Governor in Council to prescribe the granting of natural gas leases where natural gas is needed for a utility or to complete a well spacing unit. The Registration of Assignments of Crowns Lands Act, being

chapter 88 of the Statutes of Alberta, 1949, is re pealed and a new

Part is added to The Mines and Minerals Act,

Part VIII, dealing with the registration of assignments. This

Part in providing for the registration of assignments carries forward the provisions, other than those dealing with taxation, of the old The Registration of Assignments of Crown Lands Act. Two of the provisions of the Part however are new. One provides that in an assignment not more than four persons may appear as assignee. The other

ii provision states that the same person may be an assignor and an assignee in an assignment, and thus clears up an un certainty which existed previously. This Bill comes into force on the first day of April, 1953. J. W. RYAN, Acting Legislative Counsel. (This note does 1tot form any va'rt of the Bill but'is offered in explanation of its provisions.)

BILL No. 64 of 1953

An Act to amend The lVIines and Minerals Act ( Assented to ,1953) HER MAJ~STy, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta, enacts as follows: 1. The Mines and Minerals Act, being

chapter 66 of the Statutes of Alberta, 1949, is hereby amended.

Section 9 is amended by adding immediately after

Section 9 clause (

j) the following new clause: amended "(

k) disposition of any mineral vested in the name of the Minister of Municipal Affairs, or vested in the name of a munkipality and passed to the control of the the Minister of Municipal Affairs, and which is declared by the Lieutenant Governor in Council to be subject to the jurisdiction, control or administra tion of the Department.".

Section 19, clause (

g) is amended

Section 19 • amended (

a) by addIng the word "and" at the end of subclause (iv) ; (

b) by adding immediately after subclause (iv) the following new subclause: "(

v) for consenting to sub-leases, farmouts or other contracts conveying any right granted to the lessee in an agreement;". 4. The following new

section is added immediately after New

section

section 25a: 25 b "25b. Notwithstanding the provisions of

section 5, any Right ito person who has the right to any mineral or the right to th~~~gh work the same in a tract and who has obtained a license ~J~~~~l~f from the Minister under The Oil and Gas Resources Con- the tract servation Act, 1950, to drill a well for the removal of the mineral, the orifice of which well will be located outside of the tract, may work through all minerals outside of the tract to the extent necessary to obtain his mineral for the re- moval of which the license was granted, without permission from or compensation to any other person for the right to work through the minerals outside of the tract, subject, how- ever, to the provisions of this Act and The Oil and Gas Resources Conservation Act, 1950.".

Section 42 amended Access upon any lands

Section 275a amended Lieutenant Governor may authorize natural gas lease New Part YIII Books for regis.tering assignments 2

Section 42 is amended (

a) by renumbering the

section as subsection (1); (

b) by adding immediately after subsection (1) the following new subsection: "

(2) It shall be lawful for any person authorized by the Minister at any time to enter upon any lands in the Province irrespective of who may own the lands, or into any plant for the recovery, processing or treating of any mineral, in the performance of any investigation or inspection, and the person at the time in charge of the plant or any process car ried on at the plant shall render the person authorized such assistance and supply him with such information regarding the plant, its products or the mineral recovered, processed or treated as m'ay be requested.".

Section 275a is amended (

a) by adding immediately after subsection (1) the following new subsection: " (1a) The Lieutenant Governor in Council may authorize the Minister to grant a lease of natural gas rights which are the property of the Crown in lands or zones within lands, upon such terms, con ditions and stipulations as may be prescribed, if, " (

a) in the opinion of the Lieutenant Governor in Council, the natural gas which may be obtained is essential in the operation of a natural gas utility; or " (

b) the location is required to complete a spacing unit under The Oil and Gas Resources Con servation Act, 1950, for a commercially pro ductive natural gas well."; (

b) by striking out the words "For the purposes of such regulations," where they occur in subsection (2) and by substituting the words "In a disposition made under this section, for purposes". 7. The following new

Part is added immediately after

section 287: "PART VIII "Registration of Assignments "288.

(1) The Minister shall cause to be kept in the Department books for registering assignments of agree ments. "

(2) Subject to the other provisions of this Act and of the regulations made under this Act, an assignment of an agreemel}t which the lessee is not prohibited from assigning or agreeIng to assign by any provision of this Act or any reg!-Ilation o! by the terms of the agreement, may be regIstered WIth the Minister.

3 "

(3) The Minister may refuse to register an assignment ~~~8::fuse unless, registration "(

a) it is unconditional, " (

b) its execution has been proved to the satisfaction of the Minister, and H (

c) it is in a form satisfa~tory to the Minister. H ( 4) The Minister may refuse to register an assignment in which more than four persons are assignees. "

(5) An assignment registered under this Part shall !'~~?:~%e~~s be valid against and prior to any unregistered assignment or subsequently registered assignment. "289. For the 'purpose of removing doubt, it is hereby Lessee may declared that hl~~~/o " (

a) a lessee may assign an agreement to himself and another person or persons, and upon registration of the assignment shall be entitled to the interest which the assignment 'purports to convey to him to the same extent as if he were not the assignor, and H ( b), two or more persons, being the lessees of an agree ment, may assign the agreement to one or more of them, who upon registration of the assignment shall be entitled to the interest which the assignment pur 'ports to convey to him or them to the same extent as if he or they were not assignors.". 8.

Sections 288 and 289 are renumbered as sections 290 ~~~ti~~~ 288 and 291. renumbered 9. The Registration of Assignments of Crown Lands Act, Repea,l being

chapter 88 of the Statutes of Alberta, 1949, is hereby repealed. 10. This Act comes into force on the first day of April, ;~~!ng into 1953.

No. 64 FIRST SESSION TWELFTH LEGISLA lURE 2 ELIZABETH II 1953 BILL

An Act to amend The Mines and Minerals Act Received· and read the First time ......................................... . Second time ....................................... . Third time ......................................... . HON. MR. MANNING Title: 1953 (12th, 1st) Bill 64,

An Act to amend The Mines and Minerals Act

Document details

Collection	Alberta — Bills
Citation	L12 S1 6732
Type	bill
Volume / chapter	L12 S1 6732
Language	en
Format	json
Source	PROVINCIAL
Identifier	054661b8cdff478fd4f196bb421265fb3a0168a6

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