Bill 96 (Legislature 10, Session 5)

L10 S5 7343

Alberta — Bills

Bill No. 96 of 1948. A BILL TO AMEND THE PROVINCIAL LANDS ACT NOTE. This Bill amends The Provincial Lands Act. A new

section 14a is added immediately after

section 14 which changes the expressions "agricultural lease" or "agri cultural lessee" to "homestead lease" and "homestead lessee" wherever the same oceur in the Act or the Regulations.

Section 15 is amended by striking out subsection (3) thereof and by substituting a new subsection. The effect of the amendment is to strike out the reference to the Depart ment's one-eighth share of erop and substitute a reference to the Denartment's share of the crop which is now to be fixed bv the Lieutenant Governor in Council. The amend ment also makes it clear that the percentage of the Depart ment's share payable to the municipal district. improvement dj strict or school district. a.s the case may be, is a percentage of the share fixed by the Lieutenant Governor in Council.

Section 17 is amended by striking out subsection (1) thereof and by substituting two new subsections. The reference to a one-eighth share of the crop is deleted and subsection (1) provides that the Lieutenant Governor in Council may fix the share of crop payable as rent under a homestead lease. Subsection (1a) provides that where land is improved at the time of the granting of the homestead lease, the Minister may fix and collect an additional share of the crop for seven years which shall be accepted as payment in full for the im provements.

Section 21 is amended to provide that applications for IpaRe~ are to be made at the Provineial Lands Office for the distriet in whieh the land is situate or at such other place as may be authorized during regular office hours. A new

section 26a is added immediately after

section 26. This seetion enables a person appointed in writing by the Minister to examine or inspect storage tiekets, books of ac count or other doeuments or reeords relating to the posses sion, delivery, transportation, storage or other disposition of any crop or share .of erop grown on land leased from, the Crown pursuant to this Aet. The person so appointed for the purpose of making his inspection or examination may enter the lands and premises of the lessee or of any elevator com1pany, or of any storage or ~ransportation COm.1JHnv where in his opinion the storage tIckets or re~ords may be found.

Section 36 is amended to provide that no settler or pur chaser shall be entitled to get final title to any land to which this A:ct applies while he is indebted to the Crown in any way. All indebtedness must be paid off before title can be obtained.

Section 38 is amended. Under subsection (5) of that

section the forage value of lands included in a lease is fixed annually in accordance with a formula prescribed by the Lieutenant Governor in Council. The effect of the amend ment is that the Minister may now prescribe the formula. A new

section 44c is added immediately after

section 44b. This

section provides that where the payment of a royalty has been reserved to the Crown there shall be payable to the Minister on and after the first day of April, 1948, a royalty of ten cents per ton on any coal mined where the titl-e is held under lease from the Crown, and a royalty of fifteen centg p€r ton on any coal mined where the title is held in fee simple or under an agreement for sale from the Cr,own in the right of the Dominion.

Section 66 is amended by the addition of three new sub sections immediately after subsection (3). Under sub

section (3a) whenever any timber agent or officer receives information that wages payable by a licensee or permittee in respect of timber operations are in default for more than thirty days~ he may seize any timber and equipmtmt belonging to the licensee or permittee. Under subsection (3b) when such a seizure is made, he must notify the licensee or permittee of the seizure and the reasons therefor and shall report to the Minister. Under subsection (3c) if payment of the wages in default is not made within fifteen days, the timber and equipment seized may be sold and the pro;ceeds used to pay the wages in default.

Section 78 is amended by striking out paragraph (tt) and substituting a new paragraph. The new paragraph enables the Lieutenant Governor in Council to authorize the Minister to enter into leases to implement any land clearing and breaking agreement and for that purpose to exempt from assessment and taxation for a period of three assessment years any lands with respect to which the lease or other agreement has been made. The Minister nlay also provid·e that the land in each subsequent year shall be liabl€ to assessment in the name of the homestead lessee and that the taxes shall be paid on his behalf by the Minister.

Section 87 is amended by striking out subsection (3) thereof. Subsection (3) provided for simple interest being paid on cash deposits. Bearer bonds are now deposited in stead of cash and subsection (3) is accordingly no longer necessary,

iii A new

section 108a is added immediately after

section 108. It enables the Minister or any person appointed by him in writing to make a seizure of the lessee's grain where default is made in the due payment of any share of the crop payable to the Crown in the right of the Province. The onus of proof that grain found upon land leased by the lessee is not the property of the lessee shall lie upon the lessee. Any grain seized by the Minister may be sold at the current market price.

Section 109 is amended by making a reference to property seized under

section 66. W. S. GRAY, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 96 of 1948.

An Act to amend The Provincial Lands Act. (Assented to , 1948.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province ·of Alberta, enacts as follows: 1. The Provincial Lands Act, being ·chapter 62 of the Re vised Statutes of Alberta, 1942, is hereby amended by adding immediately after

section 14 thereof the following new section: "14a. The expressions 'agricultural lease' and 'agri cultural lessee' shall be deemed to be and shall mean 'and refer to a 'homestead "lease' and a 'homestead lessee' respectively, whenever the same occur in this Act and the Regulations." . 2. The said Act is further amended as to

section 21 by striking out the words "at the Provincial Lands Office for the district in which the land is situate between such hours as are, from time to time, fixed", where the same occur in subsection (1) thereof, and by substituting therefor the words "during the regular office hours at the Provincial Lands Office for the district in which the land is situate or at such other pla;ee as may be authorized". 3.. The said A'ct is further amended as to

section 15 by striking out subsection (3) thereof and by substituting therefor the following: "

(3) The Minister is hereby authorized and empowered to pay from the moneys received in any year by him as the proceeds of the Department's share of crop from any land which is held as aforesaid,- " (

a) forty per cent of the money received to the municipal district or improvement district in which the land is situate; and " (

b) forty per cent of the moneys received to the school district in which the land is situate or, in case the school district is in a school division, to the municipal district or improvement district in which the land is situate; and in any case where the Minister pursuant to subsection (la) of

section 17 has fixed an additional share of the crop as payment for improvements, the percentage payable to the

2 municipal district, improvement district or school district, as the ~se may be, shall be a per'centage of the share of the crop fixed by the Lieutenant Governor in CDuncil as rental and not 'Of the additional share of the crop.". ~ •. The said A'ct i~ further amended as to

section 17 by strIkIng out subsectIon (1) thereof and by substituting therefor the following: "17.-

(1) The rent payable under a homestead lease shall be such share of the crop Dr such share of a specified pDrtion 'Of the crop as may be fixed by the Lieutenant Governor in Council. "(1a) Where the land is improved at the time of the granting of the homestead lease, the Minister may fix and collect an additional share 'Of the crop for each of the first seven years of the lease which shall be accepted as payment in full for the improvements.". 5. The said Act is further amended by adding immediately after

section 26 thereDf the following new section: "26a.-

(1) In the ,case of any crop or share of crop grown on land leased from the Crown pursuant to this Act Dr any other Act of the Province under a lease which pro vides for payment of rental on a crDp share basis, any person appointed in writing by the Minister may examine or inspe:ct any storage ticket, book of a,ccount or other document or record relating to the possession, delivery, transportation, storage or other disposition of such crop, share of crop or portion thereof.

"(2,) Any person so appointed may, for the purpose of making such examination or inspection, enter during the hDurs of daylight the lands and premises of the lessee Dr of any elevator company or of any storage or transpDrtation company or of any 'Other person, firm Dr corporation where, in the opinion of the person so appointed, any such storage ticket, bODk of account or other document or record relating to such crop, share of crop or portion thereof may be found.". 6. The said Act is further amended as to

section 36 by striking out the same and by substituting therefor the following: "36. No settler Dr purchaser shall be entitled to receive title to any land to whi,ch this Act applies while he is liable, either as principal Dr surety upon a bond to t~e Crown or the Minister, or as a mortgagor on a mortgage In favour ?f the Crown or of the Minister, for a sum due or payable In respect of an advance of seed grain, or because of any other indebtedness to the Crown.". 7 The said A,ct is further amended as to

section 38 by striking out the words "formula prescribed by the Lieuten-

3 ant Govern.or in Council", where the same oc'cur in subsec ti.on (5) thereof, and by substituting therefor the words "formula prescribed by the Minister". 8. The said Act is further amended by adding immediately after

section 44b thereof the f.ollowing new secti.on: "44c. Notwithstanding the terms and provisions of any certificate of title, agreement for sale, .or lease which conveys coal or the right to mine, win, work or e~cavate the same, where the payment of a royalty has been reserved to the Crown in the right of the Dominion or in the right of the Province, there shall be payable to the Minister on, fr.om and after the first day of April, 1948,- " (

a) a royalty of ten cents per ton on any coal mined or excavated from any land, the title to which is held under lease from the Crown in the right of the Dominion or in the right of the Province; " (

b) a royalty of fifteen cents per ton on any coal mined or excavated from any land, the title to which is held in fee simple, or under an agreement for sale from the Crown in the right of the Dominion.". 9. The said Act is further amended as to

section 66 by adding immediately after subsection (3) thereof the follow ing new subsections: " (3a) Whenever any timber agent or officer receives satisfactory information supported by affidavit or statutory declaration that wages payable by any licensee or permittee in respe,ct of timber operations are in default for a peri.od of over thirty days, or if any timber agent or officer from other sour'ces of inf.ormation or his own knowledge is aware that wages are in default as af.oresaid, he may seize or cause to be seized any timber belonging to the licensee or permittee wherever found, together with any trucks, tools and equipment used in the timber operations of the licensee or permittee.

" (3b ) Whenever any property is seized under the pro visions of subsection (3a), the person 'making the seizure shall forthwith serve the licensee, permittee .or pers.on in charge of the timber operations with a notice of the seizure and the reasons therefor, and shall also make a report in writing to the Minister.

" (3c) If payment .of the wages in default is not made with in fifteen days after notice of the seizure has been served, the person making the seizure may, with the sanction of the Minister, sell the timber, trucks, tools and equipment seized, by public auction and after deducting the wages in default and the expenses of and incidental to the seizure and sale he shall pay the balance, if any, to the li~ensee or permitte~ or other pers.on lawfully entitled thereto: "Provided that, if a bid is not made at the auction amount ing to the sum equal to the ,claim against the licensee or permittee, the timber may be disposed of at a private sale.

4 "(3d) The Minister shall dispose of the wages collected as a result of any seizure and sale to the workmen entitled thereto and in the event of any dispute arising, the pro visions of subsection (2) of

section 74 shall apply.". 10. The said Act is further amended as to

section 78 by striking out paragraph (tt) thereof and by substituting therefor the following: " (tt) authorize the Minister to enter into any homestead lea~es necessary to implement any agreement made by the Minister pursuant to

section 2 of ,chapter 5 of the Statutes of Alberta, 1945 (Second Session), or pursuant to The Land Clearing and Breaking Projects Act, and for that purpose to exempt from assessment and taxation for a period of three assess ment years any lands with respect to which any homestead lease has been made, and to provine that the land in each subsequent year shall be liable to assessment in the name of the homestead lessee and that the taxes shall be paid on his behalf by the Minister ;" . 11. The said Act is further amended as to

section 87 by striking out subsection (3) thereof. 12. The said Act is further amended by adding im mediately after

section 108 thereof the following new section: "l08a.-(

l) In case default is made in the due payment of any share of the crop payable to the Crown in the 'right of the Province under a lease entered into pursuant to this Act, the Minister or any person appointed by him in writing, may levy the same with costs by distress, as a landlord may recover rent in arrears, upon any grain wherever found within the Province belonging to the lessee. "

(2) The onus of ,proof that any gain found upon l~,nrl leased by the lessee is not the property of the lessee shall lie upon the lessee. " (3) 'The Minister or any person a DPointed by him in writing may have any grain seized by him pursuant to the provisions of subsection (1) hauled to the nearest elevator or to any other convenient and suitable place of storage and may dispose of the grain at the current market price. "( 4) The Seizures Act shall not apply to any seizure made under this section.". 13. The said Act is further amended as to

section 1 09 by adding immediately after the words "property is seized under", where the same occur in subsection (1) thereof. the word and figures "section 66,". 14. This Act shall come into force on the day upon which it is assented to.

FIFTH SESSION TENTH LEGISLATURE 12 GEORGE VI 1948 BILL

An Act to amend The Provincial Lands Act. Recei ved and read the First time Second time Third time .... HON. MR. TANNER. Title: 1948 (10th, 5th) Bill 96,

An Act to amend The Provincial Lands Act

Document details

Collection	Alberta — Bills
Citation	L10 S5 7343
Type	bill
Volume / chapter	L10 S5 7343
Language	en
Format	json
Source	PROVINCIAL
Identifier	164fd164a41b94589fe90f6fee732914ec125105

Source file is stored in the law ingest library (json).