Bill 3 — Fourth Session, 20Th Legislature, 35 Elizabeth Ii the Legislative Assembly of Alberta Bills Department of Forestry Act (Legislature 20, Session 4)

L20 S4 3314

Alberta — Bills

1986 BILL 3 Fourth Session, 20th Legislature, 35 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILLS DEPARTMENT OF FORESTRY ACT THE MINISTER OF FORESTRY First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 3 BILLS 1986 DEPARTMENT OF FORESTRY ACT (Assented to , 1986) Table of Contents

Definitions Establishment of Department Staff Delegation Agreement Advisory boards Grants Revolving fund Charges for supplies and services Consequential amendments 10-18 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) "Department" means the Department of Forestry; (b) "Minister" means the Minister of Forestry. Establishment of 2 Thcrc shall bc a department of the Government called the De- Department partmcnt of Forestry over which shall preside the member of the Executive Council appointed by the Lieutenant Governor under the Great Seal of the Province as Minister of Forestry. Staff 3 In accordance with the Public Service Act there may be appointed a Deputy Minister of Forestry and any other employees required to conduct the business of the Department.

Delegation 4(1) The Minister may delegate in writing to any person any power or duty conferred or imposed on him by this Act or any other enact ment under his administration. (2) Subsection (1) does not apply to any power or duty of the Min ister to make regulations. Agreement 5(1) The Minister may enter into an agreement on or in connection with any policy, program, service or other matter under his admin istration.

(2) Without limiting subsection (1), an agreement may be made under that subsection with the Government of Canada or the government of a province. Advisory boards 6(1) The Minister may establish any boards, committees or councils he considers necessary or desirable to act in an advisory or admin istrative capacity in connection with any of the policies, programs, services or other matters under his administration.

(2) The Minister may, with respect to any board, committee or coun cil established by him under this section, (

a) appoint or provide for the manner of the appointment of its members, (

b) prescribe the term of office of any member, (

c) designate a chairman, vice-chairman and secretary, and (

d) authorize, fix and provide for the payment of remuneration and expenses to its members.

(3) A board, committee or council established pursuant to this sec tion may, with the approval of the Minister, make rules governing the calling of its meetings, the procedure to be used at its meetings, the conduct of business at its meetings, reporting and any other mat ters as required.

(4) A board, committee or council established pursuant to this sec tion may exercise the powers and shall perform the duties and func tions that the Minister approves or confers or imposes on it. Grants 7(1) The Minister may make grants if (

a) he is authorized to do so by regulations under this section, and (

b) there is authority available in a supply vote for the purpose for which the grant is to be made.

(2) The Lieutenant Governor in Council may make regulations (

a) authorizing the Minister to make grants; (

b) prescribing the purposes for which grants may be made; (

c) governing applications for grants; (

d) prescribing the persons or organizations or classes of persons or organizations eligible for grants; (

e) specifying the conditions required to be met by any applicant for a grant to render that person eligible for the grant; (

f) prescribing the conditions on which a grant is made and re quiring the repayment of the grant to the Government if the conditions are not met; (

g) providing for the payment of any grant in a lump sum or by instalments and prescribing the time or times at which the lump sum or the instalments may be paid;

(

h) limiting the amount of any grant or class of grant that may be made; (

i) authorizing the Minister to delegate in writing to any em ployee of the Government any duty, power or function respectmg the payment of any grant; (

j) requiring any person receiving a grant to account for the way in which the grant is spent in whole or in part; (

k) authorizing the Minister to enter into an agreement with re spect to any matter relating to the payment of a grant.

(3) Any regulation made under subsection (2) may be specific or general in its application. Revolving fund 8(1) In this scction and scction 9, (a) "department" means a department as defined in the Depart ment of Public Works, Supply and Services Act; (b) "supplies" means supplies as defined in the Department of Public Works, Supply and Services Act.

(2) There shall be established a revolving fund for the Department to enable the payment of costs relating to (

a) supplies and services (

i) for the use of the Department, or (ii) to be provided to others, including other departments, and (

b) supplies and services for the operation of grazing reserves.

(3) The Provincial Treasurer shall, on the requisition of the Minister, advance from the General Revenue Fund to the revolving fund any money required for a purpose described in subsection (2).

(4) The net amount outstanding at any time in respect of advances under subsection (3) shall not exceed $5 000 000.

(5) The amount of charges for the provision of supplies and services paid for under subsection (2) from the revolving fund shall be cred ited in reduction of the amount of the advances made by the Prov incial Treasurer under this section.

(6) As soon as practicable after the end of each fiscal year, the Min ister, for the purposes of

section 77 of the Financial Administration Act, shall ensure the preparation of financial statements covering the revolving fund for the immediately preceding fiscal year and of a

summary of the fund's assets and liabilities.

(7) The financial statements and

summary of assets and liabilities shall be audited by the Auditor General. Charges for supplies and services 9(1) If supplies or services paid for from the revolving fund are provided to a department, the Minister may charge that department for supplies and services in an amount that reflects their cost to the revolving fund.

(2) Where supplies or services are paid for from the revolving fund for use by a department and their value is charged to and retained by the revolving fund, the Minister may charge a fair rent or rate for their use to the department. Amends 10(^7j The Department of Energy and Natural Resources Act is RSA 1980 cD-18 amended by this section.

(2) Section 1(

a) and (

c) are repealed.

(3) Section 2 is repealed and the following is substituted: 2 The department of the Government called the Department of Energy and Natural Resources is hereby continued and it shall be presided over by the member of the Executive Council ap pointed by the Lieutenant Governor under the Great Seal of the Province as the Minister of Energy and Natural Resources.

(4) Section 3(1) is amended by striking out "than 3" and substituting "than 2".

(5) Sections 6.1 and 6.2 are repealed.

(6) The following provisions are amended by striking out "or the As sociate Minister" wherever it occurs:

section 3.1(1);

section 4(1);

section 5(1);

section 6(1).

(7) The following provisions are amended by striking out "responsi ble" wherever it occurs:

section 3.1(2);

section 5(2), (3) and (4);

section 6(2)(a), (

i) and (k). Amends RSA 1980 cD-19 Amends RSA 1980 cF-9 Amends RSA 1980 cL-3 11 The Department of the Environment Act is amended (

a) in

section 11(1) by adding the following after clause (g): (g.

l) the Deputy Minister of Forestry, (

b) in

section 12(2) by adding the following after clause (h): (h.

l) the Department of Forestry; 12

Section l(l)(u)(ix) of the Financial Administration Act is repealed and the following is substituted: (ix) the revolving fund established under

section 8 of the De partment of Forestry Act, or 13 The Land Surface Conservation and Reclamation Act is amended in

section 15 (

a) by repealing subsection (2)(

b) and substituting the following: (b) 1 deputy chairman of the Council who is an employee of the Department of Energy and Natural Resources designated

by the Minister of Energy and Natural Resources, and 1 dep uty chairman of the Council who is an employee of the De partment of Forestry designated by the Minister of Forestry; (

b) by repealing subsection (10) and substituting the following:

(10) The Minister of Energy and Natural Resources shall, for the deputy chairman he has designated under subsection (2)(b), designate an employee of the Department of Energy and Nat ural Resources as an acting deputy chairman to act in the event of the absence or inability to act of the deputy chairman or of a vacancy in the office of the deputy chairman.

(11) The Minister of Forestry shall, for the deputy chairman he has designated under subsection (2)(b), designate an em ployee of the Department of Forestry as an acting deputy chairman to act in the event of the absence or inability to act of the deputy chairman or of a vacancy in the office of the deputy chairman. Amends 14 The OU and Gas Conservation Act is amended in

section 14.1 RSA 1980 cO-5 (

a) in subsection (3) by striking out "Associate Minister of Public Lands and Wildlife" wherever it occurs and substituting "Minister of Forestry"; (

b) by repealing subsection (4) and substituting the following:

(4) The Minister of Forestry may authorize an officer of the Department of Forestry to exercise the powers conferred on him under this section. Amends 15 The Special Areas Act is amended by repealing

section 6(2) and RSA 1980 cs-20 substituting the following:

(2) If any provision of the Public Lands Act or of any regulations under that Act is made applicable to special areas, a reference in it to (

a) the Minister of Lands and Forests, the Deputy Minister of Lands and Forests, the Department of Lands and Forests or the Director of Lands, (

b) the Associate Minister of Public Lands and Wildlife, the Deputy Minister of Renewable Resources, the Department of Energy and Natural Resources or the Assistant Deputy Min ister of Public Lands, or (

c) the Minister of Forestry, the Deputy Minister of Forestry, the Department of Forestry or the Assistant Deputy Minister of Public Lands is deemed to be a reference to the Minister or Deputy Minister of Municipal Affairs, the Department of Municipal Affairs or the Special Areas Board, as the case may be. Amends 16 Thc Wildemcss Areas, Ecological Reserves and Natural Areas Act RSA 1980 cw-8 ^^ amended in

section 2(4) (

a) in clause (

b) by striking out "3 employees" and substituting "1 employee";

Consequential Consequential (

b) by adding the following after clause (b): (b.l) 2 employees of the Department of Forestry, 17 The following enactments are amended by striking out "Associate Minister of Public Lands and Wildlife" wherever it occurs and sub stituting "Minister of Forestry": Act

Section Number Department of the Environment Act Fish Marketing Act Homestead Lease Loan Act Hydro and Electric Energy Act Land Surface Conservation and Reclamation Act The Metis Betterment Act Municipal Government Act Oil Sands Conservation Act 9(2) 1(d) 1(f) 13(l)(b), (2), (3), (4) and 18(3) 36(1) and (2) 6(2), 22(1) and (2) 156(2) 12(l)(b), (2), (3), (4), 14(3) and 19(2)(b),(3) l(m) 5(

c) l(d)(ii) and 12(2)(

b) Kj) 56(l)(a) 18 The following enactments are amended by striking out "Energy and Natural Resources" wherever it occurs and substituting "For estry": Act

Section number Public Lands Act Special Areas Act Wilderness Areas, Ecological Reserves and Natural Areas Act Wildlife Act cW-9 Wildlife Act cW-9.1 Crowsnest Pass Municipal Unification Act Forest Development Research Trust Fund Act Forest and Prairie Protection Act Forest Reserves Act Forests Act Highway Traffic Act Homestead Lease Loan Act Hydro and Electric Energy Act Municipal Government Act Pipeline Act Public Lands Act Surveys Act Threshers' Lien Act Water Resources Act Wildlife Act cW-9 10(2) 1(

c) and 3(2) 1(c) 1(

b) l(i) 14(l)(e) 8(2) and 10(2) 7(4)(

b) and (5), 32(2) 271 8(1),(2),(3),(4) and 36(3) 1(d) 85(2) 8(2) l(r)(ii) and 67(

a) l(a.01) In accordance with

section 4(1) of the

Interpretation Act, this Bill comes into force on the date it receives Royal Assent. Title: 1986 (20th, 4th) Bill 3, Department of Forestry Act

Document details

Collection	Alberta — Bills
Citation	L20 S4 3314
Type	bill
Volume / chapter	L20 S4 3314
Language	en
Format	json
Source	PROVINCIAL
Identifier	3ad38e0b1dd0d5ad8c076284530199159b807e5b

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