Bill 78 (Legislature 11, Session 3)

L11 S3 7106

Alberta — Bills

'Bill No. 78 of 1950. A BILL TO AMEND THE PUBLIC LANDS ACT. NOTE. This Bill amends The Public Lands Act, being

chapter 81 of the Statutes of Alberta, 1949. -Section 2 of the Act is amended. All Public Lands Agen des exe~pt the one situated in Edmonton have been closed and, .according.ly, it is necessary to. strike out clause (

b) of section (2) which defines "agent" and to substitute separat~ -definitions for "Public Lands Agencies" and "sub .a·gent". The Act is further amended by striking out the word "agent" and by substituting the word "Director" wherever it occurs in the Act. As a result of the closing of all Public Lands Agencies the duties formerly performed by the agents are now the responsibility of the Director of Lands.

Section 3 is amended so that the Act will apply to all lands within the Province where the context so permits. ·Subsection (1) of

section 5 is amended so that all tra vened trails, roads and highways are reserved out of every disposition of Crown lands. Also, a new subsection (2) is added to clarify the position regarding ownership of lands that comprise the shore or beds of streams, rivers and lakes.

Section 12 is iamended by striking out clause (

c) so that a person who holds a cultivation lease may also apply for a homestead lease.

Section 16 is amended by adding a new subsection (2a) which provid.es that where moneys provided by the Govern ment 'of Canada under The Veterans' Land Act, 1942, have been expended on the cultivation of land forming part of the homestead, such cultivation is to be considered an improve ment. The Act is further amended by adding new sections 16a and 16b.

Section 16afixes the rental payable under a home stead lease at a one-eighth share of the crop with respect to lands required to be broken and seeded to crop.

Section 16b fixes the rental payable by a homestead lessee at !l0ne-quarter share of the crop with respect to lands whteh had been cultivated when the homestead lessee acquired a lease of the lands. This rent is payable for ten years Quly.

ii Subsection (1) of section. 17 is deleted and new subsec tions (1), (1a) and (1b) are substituted. The new sub section (1) provides that no rental is payable under

section 16a during the first ten years if the area required to be seeded to crop under

section 21 does not exceed the area which was under cultivation at the commencement of the lease. Subsection (1a) provides that during the first ten years if the area required to be seeded to crop under

section 21 exceeds the area which was under cultivation at the time of the commencement of the lease, the rent prescribed .. by

section 16a is payable only in respect of the excess. Subsection (1b) provides that in the case of lands on the cultivation of which moneys provided by the Government of Canada under The Veterans' Land Act, 1942, have been expended, no rent shall be paid under

section 16b for such cultivation. The lessee is already required to pay for such cultivation as an improvement and it would be inequitable to require him to pay for it a second time by rentals under

section 16b. The first few. words of subsection (2) are deletedwhieh change is necessary by reason of the previous amendments to this se~tion. New subsections (5) and (6) are added to

section 17. Subsection (5) provides that the Minister with the consent of the lessee may rescind any existing lease and issue a new lease. Subsection (6) provides that the duties performed and rents paid under the rescinded lease shall count for obtaining a notification under the new lease.

Section 19 is amended by adding a new subsection (4). I t prevents a person from counting as a period of residence the time spent living on a homestead lease when such person is chiefly engaged in an occupation other than farming. - Subsection (5) of

section 21 is amended so that the Director of Lands may authorize the counting of any sum mer fallow as lands seeded to crop. The Act is further amended by striking out sections 29, 30,31, 35 and 42. These sections provide a procedure where by a person who is eligible for a homestead may apply- for cancellation of a homestead -issued to another person 'if the applicant knows that such other person is in default. When these sections are struck out cancellation proceedings may only be taken by the Department.

Section 34 is similarly amended by striking out the pro visions in the-

section relating to the taking-of proceedings for cancellation of a homestead lease. '-,

Section 43 is amended. A new subsection (1a) provides that where a lessee wishes to obtain notification of his land before the expiration of ten years and a portion of the lal1d was. ,under cultivation at the commencement of the lease~ he is required to pay such amount as the Minister may~fix

iii for th~ land under cultivation at the commencement of the lease in lieu of the one-quarter crop share payable under

section 16b. :. Secti~n 49 is amended. This

section presently refers to

section 17. As a result of the earlier amendments to this Act the portion of

section 17 to which reference was made has now be~n changed .to sections 16 (

q) and 16 (

b) and a correspondIng change In the reference IS ac~ordingly necessary.

Section 52 is a.mended to make it possible for a person obtaining a c?lti:rati~m lease of lands under cultivation to pay for such cultivatIon In such manner as may be prescribed by the Minister . .

Section 54 is amended so that regardless of the date on which a cultivation lease is or ha.s been entered into the lease and any renewal thereof will be extended so that it terminates at the end of the calendar year.

Section 55 is amended so that regardless of the date qf issue of any cultivation lease the rental payable after the first year will be payable in advance on the first day of January· of that year. The time for payment is thus extended to the end of the year to coincide with the new term for which the lease will run as provided under the amendment to

section 54. A new

section 56a is added so that the Minister may permit the holder of a cultivation lease to cut natural hay on the lands leased by him.

Section 59 is amended by reducing the required age of an applicant for a grazing lease from twenty-one to eighteen years. ,

Section 61 is amended to describe the moneys payable upon'the filing of an application for a grazing lease as a "deposit" and not as a "fee". -Section 63 is amended so that notwithstanding the pro visions of any grazing lease, payment of the rental is required on or before February 1st in each year.

Section 68 is amended. A new subsection (la) enables the Minister to authorize a lessee of a grazing lease to cultivate, seed to grass or otherwise reclaim .land where such "is necessary for the purpose of conservatIon or weed control.

Section 86 is amended so that instead of the rental for a;ny land which is leased by the holder of a grazing lea~e for his .residence being twenty-four dollars, !he rental 'YIlI be the amount prescribed in the lease at the tIme of makmg the lease. ,·Section 110 is amended. A new clause is added to au~hor ize the Minister to sell lands on such terms as he conSIders r~a.~nable when required for a reservoir, churc~, cemetery, ho~pltal, or other public purposes, or for a rIght-of-way,

Section 112 is amended by substituting a new clause (til) in· subsection (1) which restricts the power of the Minister to grant land by way of gift to boards of school distdcts or divisions to cases where the districts or divisions are situated in rural areas. The amount of land which may be granted for such purposes is increased from four to six acres.

Section 113 is amended. Subclause (

v) of cla.use (4) is amended so that the Lieutenant Governor in Council may by regulation fix the price to be paid by pipe line companies for public lands required for pipe lines. A further amendment to clause (

a) is the addition of a new subclause (

x) by which the Lieutenant Governo.r in Council is authorized to make regulations governing entl·y upon public lands for geophysical or geological explo.ration. A third amendment is the addition of a. new clause (

q) which authorizes the Minister to. lease or transfer to Canada lands required by Canada for use as au experimental station o.r purposes connected therewith upon such terms and COIl ditions as the Lieutenant Governor in Co.uncil may prescribe. ;

Section 118 is amended~ A new clause (

f) enables tke Minister from time to time to close to. any specified type of traffic, any road through public lands held by any person under license of occupatio.n.

Section 128 is struck out and a new

section 128 substi tuted. The new

section authorizes the Minister to. fQlllow and seize, wherever it may be, any grain grown upO·l'l public lands if default is made in payment of the Crown's share of the grain and to immediately store and sell such grain. The Act is further amended by the addition of twO;. R0.W section, 128a and 128b.

Section 128a authorizes the Minis ter to fix rental andcoBeet the same as a debt due to- the Crown with respect to any public lands where any person uses such lands without authority.

Section 128b authorizes the Minister to seize any live stock found grazing on public lands which _are not leased at the time and if the owner fails to pay th~ rentals pre: scribed by the Minister for the unauthorized use of the lands, the Minister may sell the live stock seized and apply the proceeds in payment of the prescribed rental. A new

section 148a is added which provides that no., action shaH lie against any person for anything done by him in tlw performance of duties assigned to him under this Act. A new Form B is added to the Act. The Form B is the Notice of Seizure to be used under

section 128 where grain which has been grown on pu1>lic lands has been seized by the Minister. KENNETH A. McKENZIE, Acting Legislati1J"e C€J:ltrtsel. (This note does not form any part of the Bill but is of/e!l'¢,l in explanation of its provisions.)

BILL No. 78 of 1950.

An Act to amend The Public Lands Act. (Assented to , 1950.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1.. The Public Lands Act, being

chapter 81 of the Statutes of Alberta, 1949, is hereby amended as to

section 2,- (

a) by striking out clause (b); (

b) by adding immediately after clause (

t) the follow ing new cIa use: "(tt) 'Public Lands Agency' means the Public Lands Agency in the city of Edmonton;"; (

c) by adding immediately after clause (

v) the follow ing new clause: " ( vv) 'sub-agent' means any person employed in con connection with the administration, manage ment, sale or settlement of public lands in a particular part or division of a defined dis trict;". 2. The said Act is further amended by striking out the word "agent" wherever it occurs in the Act and by substi tuting the word "Director". 3. The said Act is further amended as to

section 3, sub

section ( 1 ) by adding immediately after the words "pro visions of this Act" the words "and where the context so permits, to all lands in the Province". 4. The said Act is further amended as to

section 5, (

a) by renumbering the same as subsection (1) ; (

b) by adding immediately after clause (

e) of sub

section 1) the following new clause: "(

I) all travelled trails, public roads and highways." ; (

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

(2) Nothing in this Act or any other Act or the rules of the English Common Law shall be con strued to vest or to have heretofore vested in any person the land which comprises the bed or shore of any lake, river or stream and notwithstanding

2 the provisions of any certificate of title, the title to land shall be construed accordingly.". 5. The said Act is further amended as to

section 12, sub section (1) ,- (

a) by striking out clause (c) ; (

b) by relettering clause (

d) as clause (c). 6. The said Act is further amended as to

section 16 by adding immediately after subsection (2) the following new subsection: "(2a) Notwithstanding the provisions of subsection (2), where moneys provided by the Government of Canada under The Veterans' Land Act, 1942, have been expended for culti vation, such cultivation shall be considered an improve ment.". 7. The said Act is further amended by adding immediate ly before

section 17 the following new sections: "lGa .. In the fourth and in each subsequent crop year the rent payable under a homestead lease shall be a one-eighth share of the crop or crops of every kind and description grown or harvested on the lands required to be seeded to crop under

section 2l. "1Gb. On lands which are under cultivation at the time of the granting of the lease, the lessee shall pay a one-quarter share of the whole of the crop or crops of every kind and description grown or harvested upon the land under culti vation at the date of the commencement of the term of the homestead for a period of ten years.". 8. The said Act is further amended as to

section 17, (

a) by striking out subsection (1) and by substituting following new subsections: "17.-

(1) In any year during the first ten years in which the acreage required to be seeded to crop pursuant to

section 21, does not exceed the acreage which was under cultivation at the time of the granting of the lease, there shall be no rent payable under

section 16a·. "(la) In any year during the first ten years in which the acreage required to be seeded to crop pursuant to

section 21 does exceed the acreage which was under cultivation at the time of the granting of the lease, the rent payable under

section 16a is payable only in respect of the number of acres by which the acreage required to be seeded under

section 21 is in excess of the acreage which was under cultivation at the time of the commencement of the lease. .. "( Ib) In the case of land, on the cultivation of which moneys provided by the Government of Can-

3 ada under The Veterans' Land Act, 1942, have been expended, the rent payable by a homestead lessee shall be that rent prescribed by

section 16a and no re~t shall be paid und~r s~ction 16b for any land whIch was under cultivation at the time of the granting of the lease as a result of such an ex penditure under The Veterans' Land Act, 1942".; (

b) by striking out the words "Notwithstanding the provisions of subsection (1), where the lessee crops land in any year in excess of the acreage require ments of this Act," where they occur in subsection (2) ; (

c) by adding immediately after subsection (4) the following new subsections: "

(5) The Minister with the consent of an agri cultural or homestead lessee may rescind any exist ing lease and thereupon enter into a new lease with the original lessee upon the terms and conditions set out in the Act. "

(6) The new lease shall take eif.ect on the date of the commencement of the surrendered lease and any duties performed or rents paid under the re scinded lease shall be counted for the obtaining of a notification under the new lease and the account shall be adjusted accordingly.". 9. The said Act is further amended as to

section 19 by adding immediately after subsection (3) the following new subsection: "( 4) Any period of time spent on a homestead or on a farm in the vicinity of the homestead during which the lessee was chiefly engaged in an oceupa tion other than farming, shall not count as a period of residence for the purposes of this Act.". 10. The said Act is further amended as to

section 21, subsection (5) by striking out the words "For purposes of this

section only and". 11. The said Act is further amended by striking out sections 29, 30 and 31. 12. The said Act is further amended as to

section 34 by striking out the words Hand where such proceedings are taken by the agent an application for cancellation cannot thereafter be accepted from an individuaF'. 13. The said Act is further amended by striking out sections 35 and 42. 14. The said Act is further amended as to

section 43 by ,adding immediately after subsection (1) the following new subsection: '" (la) In the case of lands which were under cultivation 'at the time of the commencement of the lease a lessee who pays the purchase price prescribed in subsection (1) before

4 the expiration of ten years shall also pay, on account of the 'cultivated land in lieu of the one-quarter crop share payable under

section 16b, such amount as may be fixed by the Minister." . 1.5. The said Act is further amended as to

section 49, subsection (1) by striking out the word and figures "sec tion 17" and by substituting the words and figures "se,ctions 16a and 16b". 1.6. The said Act is further amended as to

section 52, subsection (6) by adding immediately after the words "shall be made" the words "unless otherwise provided". 1. 7. The said Act is further amended as to

section 54, (

a) by renumbering the same as subsection (1) : (

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

(2) Notwithstanding the provisions of sub section (1), and irrespective of the date on which the cultivation lease is issued, the first day of January in each year shall be deemed to be the anniversary date of the lease and it shall expire ten years after the thirty-first day of December next following the date of issue of the lease. "

(3) Notwithstanding any provision to the con trary in any lease presently in effect, the date of ter maintion of the lease shall be extended to the thirty first day of December in the year in which the lease by the provisions therein contained would termin ate, and the first day of January in the year 1951 and in each year thereafter shall be deemed to be the anniversary date of the lease and the account shall be adjusted a'ccordingly.". 18. The said Act is further amended as to

section 55 by adding immediately after subsection (3) the following new subsection: "

(4) Notwithstanding any provision to the contrary in any lease presently in effect, the cash rental payable under the lease shall be paid on or before the first day of January. 1.9. The said Act is further amended by adding imme diately after

section 56 the following new section: "56a. A lessee may cut natural hay on the lands con tained in a cultivation lease on such terms and conditions as the Minister may prescribe.". 20. The said Act is further amended as to

section 59, sub section (1), clause (b), by striking out the word "twenty one" and by substituting the word "eighteen". 21. The said Act is further amended as to

section 61 by striking out the word "fee" wherever it occurs therein and by substituting the word "deposit".

5 22. The said Act is further amended as to

section 63 by adding immediately after subsection (2) the following new subsection: "

(3) Notwithstanding any provisiDn to the contrary in any grazing lease presently in effect, the cash rental payable under such lease shall be paid on or befDre the first day of February in each year.". 23. The said Act is further amended as to

section 68 by adding immediately after subsection (1) the following new subsection: " (1a) For the purpose of cDnservation Dr weed control the Minister may authorize the lessee of grazing land to cultivate and seed to grass or otherwise reclaim the land in such manner as the Minister may prescribe.". 24. The said Act is further amended as to

section 86, subsectiDn, (1), by striking out the words "an annual rental of twenty-five dDllars" and by substituting the words "such annual rental as may be prescribed by the Minister at the time of the making 'Of the agreemenf'. 25. The said Act is further amended as to

section 110, (

a) by striking 'Out the word "may" where it occurs at the beginning of clause (e) ; (

b) by adding immediately after clause (

e) the follow ing new clause: ,: (

I) sell lands required for reservoir, church, ceme tery Dr hospital sites Dr other public purposes or required as a right-of-way for any project, at the actual market value of the land as deter mined by the Minister and upon such terms of payment as may be prescribed.". 26. The said Act is further amended as to

section 112, (

a) by striking out clause (

a) of subsection (1) and by substituting the following: " (

a) the board 'Of trustees of a. school district or school division in a rural area where the land is required as a site for a SChODI or purposes cDnnected therewith;"; (

b) by striking out the word "four" where it occurs in subsection (2) and by substituting the word "six" . 27. The said Act is further amended as to

section 113, (

a) by adding immediately after the words "by a rail way," where they occur in clause (a), subclause (

v) the words "pipe line," ; (

b) by adding immediately after the word "roadbed," where it occurs in clause (a), subclause (

v) the words "pipe line,"; (

c) by adding immediately after clause (c~), subclause (ix) the following new subclause:

6 "(

x) entry upon public lands for geological and geophysical exploration;"; (

d) by adding immediately after clause (

p) the follow ing new cIa use: " (

q) authorize the :Minister to enter into agree ments with the Government of Canada for the purpose of leasing or transferring to Canada lands to be used for an experimental station or for any purposes in connection therewith upon such ternlS and conditions as may be prescribed by the Lieutenant Governor in CounciL". 28. The said Act is further amended as to

section 118 by adding immediately after clause (

e) the following new clause: "(

I) close to travel or use by any specified type of vehicle any road through public lands held under license of occupation granted pursuant to this Act for the reason set out in the order, and the road shall relnain closed to travel by such vehicles until re-opened by the Minister.". 29. The said Act is further amended by striking out

section 128 and hy substituting the following: "1128.-

(1) The title in and to all crops of every nature and description grown and produced on any public lands shall be and remain in His Majesty the King, in the right of the Province, until the same is divided and His lV[ajesty's share delivered to him as set out in any lease, license 01' permit entered into by His Majesty pursuant to this Act or The Provinc'ial Lands Act. "

(2) In case default is nlade in the due payment of any share of the crop payable to His Majesty the King, in the right of the Province, under any lease, license or permit entered into pursuant to this Act or The Provincial Lands Act, the Minister by an order in writing may authorize the person named in the order to seize any grain wherever found within the Province belonging to the lessee, licensee, or permittee named in the order. "

(3) Whenever any grain is seized pursuant to the pro visions of this section, a notice in Form "B" of the

Schedule shall be left with the lessee, licensee or permittee. "( 4) In the event of failure to personally serve the lessee, licensee or permittee, the notice shall be posted up on the land or any part thereof, described in the lease, license or permit as the case may be, or mailed to his last known address. "

(5) The costs and expenses incurred by any person making a seizure under this

section shall be added to and become part of the rent remaining unpaid to His Majesty by any lessee, licensee or permittee, as the case may be. H

(6) The onus of proof that any grain found upon any land or premises is not the property of the lessee. licensee or permittee, shall lie upon the lessee, licensee or permittee, as the case may be.

7 ':

(7) The Minister or 3;ny person appointed by him in wrItIng may have any graIl1 seized by him pursuant to the provisions of subsection (2), 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. "

(8) In the discharge of his duties, the person designated in the order signed by the Minister and every authorized person accompanying him, may enter upon c!1d pass through or over private property without being liable for trespass. "

(9) The Seizures Act shall not apply to any seizure made under. this section.". 30. The said Act is further amended by adding imme diately after

section 128 the following new sections: "128a. The Minister may require any person who makes use of public lands without authority to pay such rental as he may prescribe in addition to the regular rate and may collect such rental by proceedings in any court as if it were a debt due to the Crown. "128b.-

(1) Any person appointed for the purpose by the Minister. rnay round up, seize and detain any live stock found grazing on public lands which lands are not for the time being leased for grazing purposes. "

(2) Immediately upon the seizing of any live stock the person making the seizure shall send to the owner by mail at his last known post office address, a notice in writing setting out,- "(

a) the date of seizure; " (

b) the description of the live stock seized; "(

c) the description of the place at which the live stock is kept; and " (cl) the amount of rental payable for the use of the public lands upon which the live stock was found grazing. "

(3) Unless the owner has paid to the 1\1inister the amount owing under subsection (2), clause (rl), together with the costs of rounding up, seizing and detaining the live stock, upon the expiration of fifteen days from the date of mailing of the notice, the Minister may canse the live stock to be offered for sale by public auction and to be sold to the highest bidder. "( 4) The property in any live stock which is sold by the Minister pursuant to this s€ction shall pass to -the purchaser and all rights of property which existed in the livestock immediately before the sale shall be extinguished. "

(5) The proceeds of any sale pursuant to subsection (3) shaH be applied firstly in payment of the costs incurred in seizing, rounding up, detaining offering for sale and selling the live stock and, secondly, in payn1ent of the sums payable to the Minister under subsection (2), clause (d). "

(6) The balance, if any, shall be paid over by the Minister to such persons who may be entitle.d. thereto and

s who, within six months after the date of the sale, make application in writing to the Minister for payment and having regard only to applications so made. "

(7) If after the expiration of six months from the date of the sale and after paying such persons as have within that period made application for payment, any surplus remains, the surplus shall be paid into and form part of the General Revenue Fund.". 31. The said Act is further amended by adding imme diately after

section 148 the following new ,section: "148a. No action shan lie at any time against any person for anything done by him in the performance of the duties assigned to him pursuant to this Act.". 32. The said Act is further amended as to the

Schedule by adding immediately after Form A the following new Form B: "FORM B "NOTICE OF SEIZURE "To .................................................................................................. . "Take Notice that pursuant to the powers vested in me by

section 128 of The Public Lands Act, being

chapter 81 of the Statutes of Alberta, 1949, and amendments thereto, a seizure has been made by me of the grain described as follows: . "And Further Take Notice that this grain is being seized on the following grounds: "Further particulars and instructions may be obtained on application to "Dated this. .. ..... day of ........................ A.D. 19 ...... .. " 33. This Act shall come into force on the day upon which it is assented to.

No. 78 THIRD SESSION ELEVENTH LEGISLATURE 14 GEORGE VI 1950 BILL

An Act to amend The Public Lands Act. Received and read the First time .......................... . Second time .................................... . Third time ..................................... . RON. MR. TANNER. Title: 1950 (11th, 3rd) Bill 78,

An Act to amend The Public Lands Act

Document details

Collection	Alberta — Bills
Citation	L11 S3 7106
Type	bill
Volume / chapter	L11 S3 7106
Language	en
Format	json
Source	PROVINCIAL
Identifier	313fd281c4dd1cfd81d5cb5a619a1023bccfd289

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