Bill 57 — Thi Rd Session, 18Th Legislature, 26 Elizabeth Ii the Legislative Assembly of Albert A Bill 57 the Forest and Prairie Protection Amendment Act, 1977 (Legislature 18, Session 3)

L18 S3 5759

Alberta — Bills

1977 BILL 57 Thi rd Session, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERT A BILL 57 THE FOREST AND PRAIRIE PROTECTION AMENDMENT ACT, 1977 MR. SHABEN First Reading ......................... _ ...... "~. ~~I .......... . Second Reading .......................................... . Third Reading ........................................... . Printed by the Queen '5 Printer for the Province of Alberta, EDMONTON

Bill 57 Mr. Shaben BILL 57 1977 THE FOREST AND PRAIRIE PROTECTION AMENDMENT ACT, 1977 (Assented to , 1977) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Forest and Prairie Protection Act is amended by this Act. 2

Section 2 is amended (

a) in clause (

a) by striking out "hamlet,", and (

b) by repealing clause (

b) and substituting the following: (

b) land owned by the Government of Canada in respect of which the Minister has not entered into a fire control agreement under

section 6 (2) (a). 3

Section 26 is repealed and thefollowing is substituted: 26. Every city, town, new town and village in a forest protec tion area shall take all necessary precautions that the Minister may prescribe, to prevent and suppress fires within its boundaries. 4

Section 29 is amended by adding "or fire guardian" after "for est officer" wherever it occurs. 5

Section 34 (3) is repealed and the following is substituted: 1

Explanatory Notes 1 This Bill will amend

chapter 36 of the Statutes of Alberta, 1971. 2

Section 2 presently reads: 2. This Act applies to all land within A Iberta except (

a) lands within the boundaries of a hamlet, village, town, new town or city, and (

b) land owned by the Government qf Canada in the absence ql an agreement under

section 6, subsection (2), clause (a). 3

Section 26 presently reads: 26. Every town, new town, village and hamlet in a forest protection area shall take all necessary precautions which the Minister may prescribe, to prevent and suppress .fires within or adjacent to its boundaries. Adds a duty on a city to take fire precautions and removes the duty to take those precautions adjacent to the boundaries of the city, town, new town or village. 4

Section 29 presently reads: 29. (

j) A forest qfficer may without a warrant enter upon any lands and premises, except a private dwelling house, for the purpose qldischarging his duties under this Act or the regulations.

(2) A forest o.fficer may without a warrant enter any private dwelling house which is on .fire and proceed to .fight the .fire. 5

Section 34 presently reads: 1

(3) Subsection (1) does not apply where the fire fighting costs (

a) were incurred on land in respect of which the con victed person is a party to a fire control agreement under

section 6, or (

b) exceed $200. 6

Section 38(

j) is repealed and the/allowing is substituted: (0 prescribing rates of payment for persons required to assist or for equipment commandeered under

section 12 or 28~ (f.1) prescribing rates of payment for persons, equip ment or services hired temporarily for operations for (

i) fire fighting, (ii) pollution clean-up, (iii) controlling a forest tree pest infestation, or (iv) dealing with any other emergency occurring on forest land~ 7 This Act comes int%rce on the day upon which it is assented to. 2

34. (

J) In addition to anY.line imposed under

section 33 at the request of the Crown the Court may order the convicted person to reimburse the Minister/or the .lire .lighting costs involved as a debt to the Minister and in such event shall determine those costs.

(2) An order of the Court made pursuant to subsection (

I) mal' be entered with the clerk qj" a district court and upon entlY may be en.lorc·ed by the Minister in the same manner as a judgment debt qj" the district court.

(3) Subsection (

J) does not app~v where (

a) the convicted person is a par(v to an agreement under

section 6, subsec tion (J), or (

b) the costs and expenses q/'lighting or suppressing the.lire exceed $20U. This amendment clarifies the intent of the former

section 34 (3) (a). 6

Section 38 presently reads, in part: 38. The Minister may make regulations: (

f) prescribing rates qj" pay .lor persons required to assist under

section J 2 or 28 and rates of compensation .lor the use qj" equipment and other services; Provides for rates of payment for persons, equipment and services hired temporarily for emergencies occurring on forest land. 2 Title: 1977 (18th, 3rd) Bill 57, The Forest and Prairie Protection Amendment Act, 1977

Document details

Collection	Alberta — Bills
Citation	L18 S3 5759
Type	bill
Volume / chapter	L18 S3 5759
Language	en
Format	json
Source	PROVINCIAL
Identifier	16962f954f3c339478b5c6694d8c7fa820107c5d

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