Bill 62 — A Bill To Amend Thepu Blic Lands Act (Legislature 14, Session 4)

L14 S4 1894

Alberta — Bills

No. 62 4th Session, 14th Legislature, Alberta 10 Elizabeth II BILL 62 A Bill to amend ThePu blic Lands Act HON. MR. WILLMORE Printed by L. S. 'VALL, Printer to the Queen's ~r,):<t Excellent ~Iajl':<ty. Edmonton, Alberta, 1962

Explanatory Note

Section 11, subsection (1) presently reads: "11.

(1) The Minister may declare any land, other than land be,long ing to the School Endowment Fund or land that has been withdrawn from disposition, to be agricultural land, and thereafter the Minister may by lease and in accordance with this Act, dispose of adjoining agricultural lands, not exceeding one-half section, which when so leased shall be known as a homestead.". See the Bill to enact The Alberta Natural Resources Agreement amendment.

Section 12, subsection (1) presently reads: "12.

(1) Subject to subs,ections (2) to (5), every person is eligible to be a homestead lessee who (

a) has resided in the Province for an aggregate total of one year within the three years immediately prior to making his appli cation, (

b) has attained the age of eighteen years or more, (

c) is a British subject, a Canadian citizen, or deCl1ares in his application his intention of be,coming a Canadian citizen, and (

d) is not in poss'8ssion or control of a farm under a certificate or agreemen t for sale.".

Section 57, which provides for the issue of grazing leases is amended. Subsection (2) presently reads: "

(2) A company making application for a lease shall show that it is incorporated under the laws of the Dominion of Canada, or under the laws of the Province, and that the majority of the shares of the company are owned by residents of the Province for their exclusive use and benefit and not in the interests of or for the benefit of any other person.".

Section 58 reads: "58.

(1) An alien who has been granted a grazing lease shall become a Canadian citizen as soon as he becomes eligible for naturalization, and he shall inform the Minister when he files his petition for citizenship.

(2) The Minister in his discretion may cancel any grazing lease if the lessee fails to comp'ly with subsection (1).".

Section 71, subsection (3) presently reads: "

(3) Where a grazing lease is held by a grazing association and any member of the association has been allotted more than twenty animal units for the grazing season, the Minister may require the grazing association (

a) to reduce the allotment of such a member to twenty animal units in subsequent years, and (

b) to issue alilotments to other persons operating farms in the vicini ty of the grazing lease.".

Section 78 reads: "78. Land belonging to the School Endowment Fund may be leased for grazing purposes.".

B ILL No. 62 of 1962

An Act to amend The Public Lands Act (Assented to , 1962) I-IER MAJESTY, by and with the advice and consent of the Legislative Asserflbly of the Province of Alberta, enacts as follows: 1. The Public Lands Act, being

chapter 259 of the Revised Statutes, is hereby amended.

Section 11, subsection (1) is amended by striking out the words "belonging to the School Endowment Fund or land".

Section 12, subsection (1) is amended by striking out clause (

b) and by substituting the following: (

b) is not less than eighteen and not more than seventy years old,

Section 57 is amended b~r striking out subsection (2) and by substituting the following:

(2) A company m3king application for a lease shall show that it is incorporated under the laws of Canada, or under the laws of the Province, and that the majority of the shares of the company are o\\Tned by r'?sidents of the Prov ince \vho are Canadian citizens or BrHi~"h subjects for their exclusive nse and benefit and not in the interests of or for the benefit of any other person.

Section 58 is repealed.

Section 71, subsection (3) is amended by striking out clause (

a) and by substituting the following: (

a) to reduce the allotment of such a member to a minimum of twenty animal units in subsequent years, and

Section 78 is repealed.

Section 84b presently reads: "84b.

(1) No lessee or permittee shall permit, suffer or allow the accumulation of waste material, debris, refuse and garbage, or the ('xistence of any structure or excavation of any kind on the land described in the lease or permit that is undesirable in the opinion of the Minister.

(2) In respect of the matters referred to in subsection (1) the Minister may (

a) order the lessee or permittee to take any action within such Nme as the Minister deems necessary, (

b) if the lessee or p'ermittee fails to comply with the order of the Minister, cause any action to be taken that the Minister deems necessary and recover any costs incurred as a debt owing to the Crown by court proceedings, and (

c) cancel the lease or permit.".

Section 92, subsection (2) presently reads: "

(2) A lessee cutting timber in the preparation of land for cultiva tion, before removing the timber or any portion thereof from the leased area for barter or sale or other disposition, shall obtain a permit to cut timber on public lands and shall pay the dues in advance.".

Section 101 presently reads: "101.

(1) The Minister may with respect to any land leased pur suant to this Act grant a right to enter upon the land to exp,lore and search for gold, silver, copper, coal or other minerals.

(2) The right to enter granted pursuant to this

section shall be subject to such conditions for the prot'ection of the interests of the lessee as the Minister may prescribe.

(3) If the Minister is satisfied that any portion of any land leased pursuant to this Act is suitable for the development of water power, he may withdraw from the lease any portion of the land on giving the lessee one year's notice.".

Section 84b is struck out and the following

section is substituted: 84b.

(1) No lessee or permittee shall cause or shall per mit, suffer or allow (

a) the accumulation of waste material, debris, refuse or garbage, (

b) the existence of any structure or excavation of any kind that is undesirable in the Minister's opinion, (

c) the doing of any act that may injuriously affect watershed capacity, or (

d) the creation of any condition which in the Minister's opinion will encourage soil erosion, on the land described in the lease or permit.

(2) In respect of the matters referred to in this section, the Minister may (

a) order the lessee or pern1ittee to take any action within such time as the Minister deems necessary, (

b) if the lessee or permittee fails to comply with the order of the Minister, cause any action to be taken that the Minister deems necessary and recover any costs incurred as a debt owing to the Crown by court proceedings, and (

c) cancel the lease or permit.

Section 92 is amended by striking out subsection (2) and by substituting the following:

(2) Any lessee who cuts timber on land held under a lease granted under this Act for the purpose of selling or other wise disposing of it, shall obtain a permit pursuant to The Forests Act, 1961.

Section 101 is struck out and the following

section is substituted: 101.

(1) The Minister may with respect to any land leased pursuant to this Act, grant a right to enter upon the land to explore and search for gold, silver, copper, coal or other minerals.

(2) The Minister may, upon giving the lessee thirty days' notice is writing, grant an easement or right of way for electric power or telephone lines on any land leased under this Act, except land comprising a homestead lease.

(3) If the Minister is satisfied that any portion of any land lea~ed pursuant to this Act is suitable for the develop mnt of water power, he may withdraw from the lease any portion of the land on gidng the lessee one year's notice.

(4) The right to enter granted pursuant to this

section is subject to such conditions for the protection of the interests of the lessee as the Mini~ter may prescribe.

3 II.

Section 104, subsection (1) presently reads: "104.

(1) The Minister may, upon giving a lessee one month's notice in writing, withdraw any land contained in a lease other than a home stead lease, where (

a) the Minister is satisfied that the land to be withdrawn contains sand and gravel in commercial quantities, (

b) the land to be withdrawn is intended to be subdivided or made the subject of a disposition to a person requiring it for an industrial or commercial purpose, or (

c) the land to be withdrawn is to be constituted as a park under The Provincial Parks Act or is intended to be set aside by the Minister as a public recreation area,".

Section 106, subsection (1) presently reads: "106.

(1) When the Minister is satisfied that an easement or right of way for poles, lines, conduits and structures for the distribution, transmission, measuring or supplying of electric power, energy or current or for telephone lineS and poIes is required on, over or under any lands leased pursuant to this Act or The ProvinciaJ Lands Act, other than lands comprised in a homestead lease, the Minister may, on giving the lessee thirty days' notice in writing, withdraw from the lease so much of the land as is required for the easement or right of way.".

Section 114 reads: .. "114.

(1) Sections eleven and twenty-nine in every surveyed township in Alberta, except in forest reserves, are hereby set apart as an endow ment for purposes of education, and shall be designated school lands, and they are hereby withdrawn from the operation of the provisions of this Act that relate to homesteads.

(2) Notwithstanding anything in this Act, the Lieutenant Governor in Council may authorize the Minister to include in any block of land sold or to be sold to any person for the purpose of irrigation, or in any lands that are set aside for the purpose of an Indian or other public reserve, or that are reserved for any other purp'O'se that the Minister considers to be in the public interest, lands that under the provisions of this Act are school lands.

(3) No block of lands sold or to be sold for the purpose of irrigation, or set aside and reserved for any of the purposes mentioned in sub sectin (2', shall include school lands unless other public lands as nearly as possible of equal value are selected to take their place.

(4) When other public lands have been so selected and have been designa ted by the Minister as school lands, they become school lands and shall be dealt with in the same manner as ordinary school lands under the provisions of this Act.

(5) Notwithstanding anything contained in this Act, when for any reason a part or a fraction only of a quarter-section of school lands has been disposed of to any person, upon any portion of the balance of the quarter-section becoming available for disposition, the Minister may sell the portion to the registered owner of the part of the quarter

section already disposed of upon such terms and conditions as may be fixed by the Minister, and at such price per acre as in the opinion of the Minister represents the actual market value of the land as determined by an inspection by an officer of the Department.".

Section 116, clause (

b) presently reads: "116. The Minister may (

b) seill a part of a quarter

section or a fractional quarter

section of any land other than school land at a rate to be determined as the true value of the land after inspection by an officer of the Department,".

Section 117 reads: "117.

(1) All moneys from time to time realized from the sale of school lands shrull be invested in any manner in which they may be lawfully invested to form a School Fund.

(2) The interest on the School Fund, after deducting the cost of management, together with all other revenues realized from the use and occupation of school lands, shall be paid annually into the General Revenue Fund for the support of schools organized and carried on in accordance with the law of the Province, and the moneys so paid shall be distributed for school purposes by the Lieutenant Governor in Council in such manner as he deems expedient.".

Section 104, subsection (1) is amended by striking out clause (

a) and by substituting the following: (

a) the Minister is satisfied that the land to be with drawn contains sand, gravel, marl or clay in com mercial quantities, or

Section 106 is amended by striking out subsection (1) and by sUbstituting the following: 106.

(1) The Minister may, upon giving the lessee thirty days' notice in writing, withdraw from any lease granted under this Act, except a homestead lease, so much of the land as may be required for the purposes of a dam or ditch.

Section 114 is repealed.

Section 116, clause (

b) is amended by striking out the words "other than school land".

Section 117 is repealed.

4 I G.

Section 117a reads: "117a.

(1) Where an agreement for the sale of public lands under this

Part is cancel~ed or the purchaser quH claims his interest under the ao-reement to the Minister and the purchaser at that time owes taxes "'in respect of that land, the Minister may pay the taxes owing to the city, town, new town, village, municipal district, county or to the Minister of Municipal Affairs in respect of an improvement district, as the case may be, but no such payment shall exceed half the amount collected by the Minister as principwl under the agreement for sale. (2) Subsection (1) does not app,ly to the cancellation of an agre·ement for the sale of lands situated in a land clearing and breaking project and that was obtained in substitution for a homestead lease of the same lands.".

Section 119, clause (

s) reads: "119. The Lieutenant Governor in Coundl may (

s) exempt, in accordance with such regulations as may be made, any lessee who enlists for active service in the speoial forces of Canada or is called for active service in defence of Canada from the provisions of the residence and cultivation require ments during those crop years in which he is on acHve service, and". 18. See clause 17 of this Bill.

Section 165, subsection (2) presently reads: "

(2) A homestead sale (al) subject to clause (c), shall contain adjoining agricwtural lands not exceeding three quarter-sections, (

b) shall not include lands that form part of the s·chool endowment or that have been classified by the Minister as unavaila.ble for sethlement, and (

c) shall not contain adjoining agricultural lands exceeding a half

section where the half-section contains at least two hundred and forty acres of land suitable for cultivation.".

Section 166, subsection (1), clause (

b) and subsection (3), clause (

a) presently read: "166. 0) Subject to subsections (2 to (4), every person is eligible to be a purchaser wbo (

a) is a veteran or a person who has resided in the Province for an aggregate total of one year within the three years immediately prior to making his application for a homestead sale, (

b) is eighteen years of age or over, and (

c) is a British subject, a Canadian citizen or declares in his appli cation his intention of becoming a Canadian citizen.

(3) No person is eligible to be a purchaser where such person or the spouse of such person (

a) is the beneficial registered owner in fee simple of a farm either solely or jointly with any other person,". 21. Commencement of Act.

Section 117a is amended by striking out subsection (2) and by substituting the following: (2) Subsection (1) does not apply to the cancellation of an agreement for sale of (

a) lands situated in a land clearing and breaking pro ject that was obtained in substitution for a home stead lease of the same lands, or (

b) tax recovery lands administered by the Department.

Section 119 is amended by striking out clause (8).

Section 119a, subsection (1) is amended (

a) by striking out the word "and" at the end of clause (

c) and by adding the word "and" at the end of clause (d), (

b) by adding immediately after clause (

d) the fol lowing: (

e) exempting any member of the armed forces from the performance of any covenant or obligation required by a disposition under this Act.

Section 165, subsection (2), clause (

b) is amended by striking out the words "that form part of the school land endowment or".

Section 166 is amended (

a) as to subsection (1) by striking out clause (

b) and by substituting the following: (

b) is not less than eighteen and not more than seventy years old, and (

b) as to subsection (3), clause (

a) by striking out the word "beneficial". 21. This Act comes into force on the day upon which it is assented to.

No. 62 FOURTH SESSION FOURTEENTH lEG I SLA JURE 10 ELIZABETH II 1962 BILL

An Act to amend The Public Lands Act Received and read the First time Second time Third time HON. MR. WILLMORE Title: 1962 (14th, 4th) Bill 62,

An Act to amend The Public Lands Act

Document details

Collection	Alberta — Bills
Citation	L14 S4 1894
Type	bill
Volume / chapter	L14 S4 1894
Language	en
Format	json
Source	PROVINCIAL
Identifier	15e24434ed377bdedd929035123583582461c56a

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