Bill 37 — Third Session, 21St Legislature, 37 Elizabeth Ii the Legislative Assembly of Alberta Bill 37 Soil Conservation Act Mrs. M Cc Lellan (Legislature 21, Session 3)

L21 S3 2955

Alberta — Bills

1988 BILL 37 Third Session, 21st Legislature, 37 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 37 SOIL CONSERVATION ACT mrs. M cC lellan First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1988 (21st, 3rd) Bill 37, Soil Conservation Act

Bill 37 Mrs. McClellan BILL 37 1988 SOIL CONSERVATION ACT (Assented to , 1988) Table of Contents

Definitions 1 Soil Conservation Duty of landholder 2 Direction to take remedial measures 3 Notification to Board and local authority 4 Remedial measures 5 Appeals Right to appeal 6 Notice of appeal 7 Staying of officer’s order 8 Notification of appeal committee 9 Hearing of appeal 10 Rules governing hearing of appeals 11 Decision of appeal committee 12 Composition of appeal committee 13 Soil Conservation Officers and Entry onto Land Municipal officers 14 Provincial officers 15 Ministerial direction 16 Obstruction of an officer 17 Entry onto land 18 General Service of documents 19 Permits, etc. 20 Offences 21 Court order 22 Action prohibited 23 Regulations 24 Transitional 25 Consequential 26 Repeal 27 Commencement 28 1

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions1 In this Act, (a) “appeal committee” means an appeal committee established under

section 13; (b) “Board” means an agricultural service board established under the Agricultural Service Board Act; (c) “landholder” means, in respect of land, (

i) the occupant, or (ii) if there is no occupant, the owner, of the land; (d) “local authority” means (

i) the council of a municipality other than an improvement district or a special area, or (ii) the Minister of Municipal Affairs in the case of an im provement district or a special area; (e) “Minister” means the member of the Executive Council charged by the Lieutenant Governor in Council with the admin istration of this Act; (f) “municipal officer” means a soil conservation officer ap pointed under

section 14 and includes an agricultural fieldman appointed under the Agricultural Service Board Act; (g) “municipality” means a city, town, new town, village, sum mer village, municipal district, county, improvement district or special area; (h) “notice” means a notice referred to in

section 3 or 12; (i) “occupant” means a person other than an owner of land who occupies or exercises control over the land; (j) “officer” means (

i) an agricultural fieldman appointed under

section 12 of the Agricultural Service Board Act, or (ii) a soil conservation officer appointed under this Act; (k) “owner” means, with respect to land, the person registered under the Land Titles Act as the owner of the land; (l) “provincial officer” means a soil conservation officer ap pointed under

section 15; (m) “rural municipality” means a municipal district, county, im provement district or special area. 2

Soil Conservation Duty of landholder 2 Every landholder shall, in respect of his land, take appropriate measures (

a) to prevent soil loss or deterioration from taking place, or (

b) if soil loss or deterioration is taking place, to stop the loss or deterioration from continuing. Direction to take remedial measures 3(1) If an officer is satisfied that, with respect to land, appropriate measures are not being taken (

a) to prevent soil loss or deterioration from taking place, or (

b) in the case where soil loss or deterioration is taking place, to stop the loss or deterioration from continuing, the officer shall serve on the landholder a notice directing the land holder to take, within the time specified in the notice, the remedial measures set out in the notice.

(2) If the landholder is not the owner of the land in respect of which the notice is given, the officer shall serve a copy of the notice on the owner. Notification to Board and local authority 4 Where an officer serves a notice under

section 3, the officer shall within 5 days from the day that the notice was served provide a copy of the notice (

a) to the local authority for the municipality in which the land is located, and (

b) if there is a Board appointed for the municipality in which the land is located, to the Board. Remedial measures 5(1) Where a landholder does not comply with a notice within the period of time specified in the notice an officer or a person authorized by an officer may (

a) enter onto the land specified in the notice, and (

b) carry out the remedial measures set out in the notice.

(2) Subject to

section 12(2), where expenses are incurred in carrying out remedial work under subsection (1), the local authority shall (

a) notify the landholder and, if the landholder is not the owner, the owner, of those expenses, and (

b) demand payment for those expenses within 30 days from the date of notification.

(3) Subject to

section 12(2), where the payment of the expenses de manded under subsection (2) is not made within the 30-day period, the local authority may do 1 or both of the following: (

a) add the unpaid expenses to the tax roll as an additional tax against the land in respect of which the expenses were incurred; (

b) recover the unpaid expenses as a debt due to the local au thority by action against the landholder and, if the landholder is not the owner, the owner. 3

Appeals Right to appeal6(1) Where a notice is served on a person under

section 3, that person may appeal the notice to the appeal committee appointed for the municipality in which the land is located by serving on the local authority for the municipality a notice of appeal.

(2) A notice of appeal is not effective unless it is served on the local authority (

a) within the period of time specified in the notice given under

section 3 for the commencement of the remedial measures set out in the notice, or (

b) before any remedial measures are commenced under sec tion 5, whichever is the later.

(3) Notwithstanding subsection (2), where (

a) a notice is served on a person under

section 3 and the notice requires that the remedial measures set out in the notice be car ried out within 72 hours or a shorter period of time after the notice is served on the person, and (

b) the remedial measures referred to in that notice were com menced under

section 5, that person may not later than 72 hours after the notice is served on the person serve a notice of appeal on the local authority. Notice of appeal7 A notice of appeal must be in writing and shall (

a) set out (

i) the name of the appellant, (ii) an address for service on the appellant, (iii) the legal description of the land in respect of which the appeal is being taken, and (iv) the grounds of the appeal, and (

b) be accompanied by a deposit in the amount of $50. Staying of officer's order 8(1) When a notice of appeal is served on a local authority under

section 6, the operation of the notice that is the subject of the notice of appeal is stayed pending the determination of the appeal under this Act.

(2) If at the time that a notice of appeal is served on a local authority in respect of a notice referred to in

section 6(3) remedial measures have been commenced under

section 5 but not completed, the carry ing out of the remedial measures shall not be continued pending the determination of the appeal under this Act. Notification of appeal committee 9 On being served with a notice of appeal, the local authority shall forthwith furnish the notice of appeal to the appeal committee. 4

Hearing of appeal10 On being furnished with a notice of appeal, the appeal commit tee shall, as soon as conveniently possible, hear the appeal. Rules governing hearing of appeals 11(1) For the purposes of hearing an appeal before an appeal com mittee, the following rules apply: (a) 48 hours’ notice in writing of the time, place and purpose of the hearing shall be served on the appellant at the address for service set out in the notice of appeal; (

b) in addition to the appellant, 48 hours’ notice in writing of the time, place and purpose of the hearing shall be served in accord ance with

section 19 on any person who, in the opinion of the appeal committee, is substantially affected by the appeal; (

c) the appeal committee shall receive the evidence that is rele vant to the matter being heard; (

d) the rules of evidence applicable to judicial proceedings do not apply; (

e) all oral evidence received shall be taken down in writing or recorded by electronic means; (

f) all the evidence taken down in writing or recorded by elec tronic means and all documentary evidence and things received in evidence form the record of the proceeding; (

g) a copy of the order of the appeal committee, together with a copy of the written reasons for it, if any, shall be served within 30 days from the conclusion of the hearing (

i) on the appellant at the address for service set out in the notice of appeal, and (ii) in accordance with

section 19, on any person that, in the opinion of the appeal board, is substantially affected by the order; (

h) a person appearing at a hearing may be represented by coun sel or an agent; (

i) a hearing is open to the public unless the person presiding over the hearing considers it in the public interest to order other wise; (

j) notwithstanding anything in this section, with the consent of the parties to the appeal, (

i) the appeal committee may consider the matter without a hearing being held, and (ii) all matters concerning the application or matter being considered may be submitted in writing or otherwise to the appeal committee; (

k) any evidence taken down in writing or recorded under clause (

e) may be destroyed at any time after 6 months has elapsed from the conclusion of the appeal; (

l) where a person is served with a written notice to attend a hearing and does not attend in person or by counsel or an agent, 5

the appeal committee may proceed and determine the matter in the same manner as if the person had attended the hearing; (

m) the appeal committee may adjourn the appeal from time to time; (

n) the provisions of the Alberta Rules of Court relating to the payment of conduct money or witness fees apply to applications or other matters heard before the appeal committee.

(2) A member of the appeal committee may administer an oath to any person who is giving evidence before the appeal committee. Decision of appeal committee 12(1) After hearing the appeal, the appeal committee may, by order, do 1 or more of the following: (

a) confirm the directions and the time period specified in the notice made by an officer under

section 3; (

b) quash the notice made by an officer under

section 3; (

c) vary the directions or the time period, or both, specified in the notice made by an officer under

section 3; (

d) set aside the notice made by an officer under

section 3 and in substitution for that notice issue a new notice directing the landholder to take, within the time specified in the new notice, the remedial measures set out in the new notice.

(2) Where (

a) the appeal committee hears an appeal arising out of a notice referred to in

section 6(3), (

b) remedial measures have been carried out in whole or in part under

section 5 in respect of that notice, and (

c) the appeal committee finds, in whole or in part, in favour of the appellant, the appeal committee in addition to making an order under subsec tion (1) may, with respect to the remedial measures carried out, by order do 1 or more of the following: (

d) direct that the local authority and not the appellant nor the owner, if the owner is not the appellant, be liable for the expenses or a portion of them, as determined by the appeal committee, that were incurred in carrying out the remedial measures under

section 5; (

e) direct that the local authority restore the land to a state that the appeal committee considers appropriate in the circumstances; (

f) direct that the local authority and not the appellant nor the owner, if the owner is not the appellant, be liable for the expenses or a portion of them, as determined by the appeal committee, that will be incurred in restoring the land under clause (e).

(3) The appeal committee may, with respect to a deposit paid under

section 7, return the deposit or any portion of it to the appellant at the conclusion of the appeal. 6

Composition of appeal committee 13 An appeal committee shall consist of (

a) in the case of a county or municipal district, the Board or, if there is no Board, at the discretion of the council, (

i) the council, or (ii) at least 3 members of the council appointed by a resolu tion of the council; (

b) in the case of an improvement district or a special area, the Board or, if there is no Board, at least 3 persons appointed by the Minister of Municipal Affairs; (

c) in the case of a municipality other than one referred to in clause (

a) or (b), at the discretion of the council, (

i) the council, or (ii) at least 3 members of the council appointed by a resolu tion of the council. Soil Conservation Officers and Entry onto Land Municipal officers 14(1) The local authority of a rural municipality (

a) shall appoint at least 1 soil conservation officer for that mu nicipality, and (

b) may pay remuneration to any soil conservation officer ap pointed under clause (a).

(2) The local authority of a municipality other than a rural munici pality may, subject to subsection (3), (

a) appoint 1 or more soil conservation officers for that munici pality, and (

b) pay remuneration to any soil conservation officer appointed under clause (a).

(3) Where the Minister is of the opinion that (

a) in the case of a rural municipality, the local authority has not appointed a sufficient number of soil conservation officers to meet the needs of the municipality, or (

b) in the case of a municipality other than a rural municipality, the circumstances are such that the municipality should appoint 1 or more soil conservation officers to meet the needs of the municipality, the Minister may, by order, direct the local authority to (

c) appoint 1 or more soil conservation officers for the munici pality, and (

d) pay remuneration to the soil conservation officers referred to in clause (c), in accordance with the directions, if any, contained in the order.

(4) Where the local authority appoints a soil conservation officer for a municipality, that officer shall exercise his powers only within the municipality for which he is appointed. 7

Provincial officers 15(1) The Minister may, in accordance with the Public Service Act, appoint soil conservation officers for the purposes of carrying out this Act.

(2) Where a soil conservation officer is appointed under this section, that officer may exercise his powers anywhere within the Province. Ministerial direction 16(1) If the Minister makes an order under

section 14(3) and the local authority of a municipality does not comply with the order, the Minister may direct 1 or more provincial officers to perform the duties of a municipal officer within that municipality.

(2) Without restricting the authority or powers of a provincial officer, if the Minister is of the opinion that a municipal officer (

a) is in need of assistance in carrying out his duties under this Act, the Minister may direct a provincial officer to assist the municipal officer in carrying out his duties under this Act, or (

b) is not carrying out his duties under this Act in a satisfactory manner, the Minister may by order (

i) suspend that municipal officer from performing any duties under this Act, and (ii) direct a provincial officer to carry out the suspended of ficer’s duties.

(3) Where under subsection (1) or (2)(

b) the Minister directs a prov incial officer to perform the functions of a municipal officer in a municipality, the Government may recover from the local authority for that municipality as a debt due to the Crown any expenses, in cluding the remuneration of the provincial officer, incurred by reason of the provincial officer’s performing the duties of the municipal officer. Obstruction of an officer 17 No person shall (

a) resist, or (

b) wilfully obstruct or delay an officer from or in the carrying out of his duties under this Act or the regulations. Entry onto land18(1) An officer or a member of an appeal committee or any person authorized by one of them may, at any reasonable time, enter onto land for the purposes of (

a) determining, in respect of that land, (

i) whether appropriate measures are being taken (

A) to prevent soil loss or deterioration from taking place, or (

B) in the case where soil loss or deterioration is taking place, to stop the loss or deterioration from continuing, 8

or (ii) whether remedial measures set out in a notice are being properly carried out, or (

b) carrying out remedial measures set out in a notice.

(2) The right to enter onto land as permitted under this

section does not, without the permission of the landholder, include the right to enter any building or structure that is situated on the land. General Service of documents 19(1) A notice, order or other document issued in respect of this Act may be served on the person to whom it is issued by 1 or more of the following methods: (

a) by personal service; (

b) by registered mail (

i) to the person at that person’s last address known to the person issuing the notice, order or other document, or (ii) in the case of an appeal where an address for service is set out in a notice of appeal, to the appellant at that address for service; (

c) by leaving the notice, order or other document with a person who (

i) appears to be over the age of 18 years, and (ii) is in the dwelling place or place of business of the person to whom the notice, order or document is directed.

(2) If service cannot be effected by one of the methods referred to in subsection (1), the notice may be served by posting a copy of the notice in a conspicuous place on the land referred to in the notice.

(3) Any notice, order or other document sent by registered mail under this

section is deemed to have been received by the person to whom it is addressed 10 days after it was sent. Permits, etc.20(1) A local authority may, in the case of a council, by by-law, or, in the case of the Minister of Municipal Affairs, by order, do 1 or more of the following: (

a) provide for the issuance of permits governing (

i) the removal of topsoil from land; (ii) the burning of stubble on land; (

b) prescribe and govern the terms and conditions under which a permit may be issued, suspended, reinstated or cancelled; (

c) prohibit the removal of topsoil from land; (

d) prohibit the burning of stubble on land.

(2) When a by-law or order is made under subsection (1) a copy of it shall be forthwith provided to the Minister. 9

(3) Where a by-law or order made under subsection (1) conflicts with this Act or the regulations, this Act or the regulations, as the case may be, prevail. Offences 21 A person who (

a) fails to comply with

section 2, (

b) fails to comply with a notice, (

c) contravenes this Act or the regulations, (

d) contravenes a by-law or order made under

section 20, or (

e) fails to comply with the terms or conditions under which a permit is issued, is guilty of an offence and liable to a fine of not more than $5000. Court order22(1) Where (

a) a person is authorized under this Act to enter onto a land holder’s land and the landholder refuses to allow that person to enter onto that land, or (

b) the landholder refuses to comply with a notice as finally de termined under this Act, an officer may apply by originating notice to the Court of Queen’s Bench for an order requiring the landholder, as the case may be, (

c) to permit the person to enter onto the landholder’s land, or (

d) to comply with the notice, or both.

(2) On an originating notice’s being filed with the clerk of the Court, the Court may, if it considers it necessary in the circumstances, hear an interim application on 2 days’ notice and make an interim order granting such relief as the Court considers appropriate pending the determination of the application.

(3) An interim order under subsection (2) may be made ex parte if the Court considers it appropriate to do so in the circumstances.

(4) In determining the application the Court may (

a) grant its order subject to any terms or conditions it considers appropriate in the circumstances, and (

b) award costs in respect of the matter. Action prohibited23 No action lies against (

a) the Minister, (

b) the Minister of Municipal Affairs, (

c) a local authority or an official of a local authority, (

d) a member of a Board, 10

(

e) a member of an appeal committee, or (

f) an officer or other person, for

an act done or performed in good faith under this Act or the regulations. Regulations24 The Lieutenant Governor in Council may make regulations (

a) governing qualifications of officers; (

b) governing the contents and use of forms; (

c) governing any of the matters set out in

section 20. Transitional25(1) In this section, “former Act” means the Soil Conservation Act,

chapter S-19 of the Revised Statutes of Alberta 1980.

(2) If before the coming into force of this Act a notice is given under the former Act, that notice shall be treated in all respects as if this Act had not been enacted. Consequential26 The Agricultural Service Board Act is amended by repealing sec tion 13(1)(

a) and substituting the following: (

a) soil loss or deterioration (

i) is taking place on land, and (ii) is of such significance that it is detrimental (

A) to the land or to other land, or (

B) to the community, Repeal 27 The Soil Conservation Act,

chapter S-19 of the Revised Statutes of Alberta 1980, is repealed. Commencement28 This Act comes into force on Proclamation. 11 Title: 1988 (21st, 3rd) Bill 37, Soil Conservation Act

Document details

Collection	Alberta — Bills
Citation	L21 S3 2955
Type	bill
Volume / chapter	L21 S3 2955
Language	en
Format	json
Source	PROVINCIAL
Identifier	2ae08965a8116bdbf2ef2f5a2ef558881bff07a7

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