Bill 63 (Legislature 12, Session 3)

L12 S3 6508

Alberta — Bills

Bill No. 63 of 1955 A BILL TO AMEND ,THE SEISMOGRAPHIC RECORDING AND DRILLLING EQUIP~1:ENT LICENSING ACT NOTE This Bill amends The Seismographic Recording and Drill ing Equipment, Licensinlg Act, being

chapter 104 of the Statutes of Alberta,

Section 5 is amended to indicate that an owner of seismo graphic recording and drilling equipment is required to obtain a licence therefor only if the equipment is intended to be used in a municipality in the Province.

Section 7 is amended. A new subsection (2) provides that equipment under this Act but not required to be licensed in any year shall be registered with the Minister.

Section 8 is amended to make it clear that while a licence plate remains with the equipment covered by the licence, the licence itself may be transferred to a new "owner" of the equipment.

Section 9 is amended to require any transfer of "owner ship" of seismographic recording and drilling equipment to be notified to the Department of Municipal Affairs and it will be an offence for a transferor not to notify the De partment of any such transfer. Operators will no longer be required to report a movement of their equipment to a municipality. Subsection (4) makes failure to comply with the provisions of this

section an offence.

Section 15 is amended. Subsection (1) is amended to clarify references to equipment. Subsection (3) is added to permit the Minister to calculate and collect a licence fee in a case where a person is convicted of using equipment without obtaining a licence therefor.

Section 15a is added and permits prosecution for an offence under this Act to be brought at any time within two years of its commission.

Section 15b is new and empowers the Minister to make refunds in certain cases. This Bill is retroactive to the 1st day of January, 1955. J. W. RYAN, Acting Legislative Counsel. . (This note does not form any part of the Bill but is offered tn explanation of its provisions.)

Section 5 amended

Section 7 amended

Section 8 amended BILL No. 63 of 1955

An Act to amend The Seismographic Recording and Drilling Equipment Licensing Act (Assented to , 1955) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, ena.cts as follows: 1. The Seismographic Recording and Drilling Equip?nent Licensing Act, being

chapter 104 of the Statutes of Alberta, 1953, is hereby amended.

Section 5 is amended (

a) as to subsection (1) by striking out the word "may" and by substituting the words "shall, before the equipment is used for seismographic exploration purposes in a municipality in any year,", (

b) as to subsection (2) (

i) by striking out the words "owned by the appli cant" and by substituting the words "for which a licence is required", (ii) by adding at the end of clause (

b) the word "and", (iii) by striking out clause (

c) and by substituting the following: "(

c) the sale price at which a new unit of similar specifications is quoted at current market prices.".

Section 7 is amended (

a) by renumbering the

section as subsection (1), (

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

(2) Notwithstanding any other provision of this Act, the owner of equipment not required to be licenced under this Act in any year shall register the equipment with the Minister in such manner as the Minister may by order require.".

Section 8 is amended by striking out subsection (3) and by substituting the following: "

(3) Until the licence for which a licence plate has been issued expires, the licence plate shall not be removed from the unit or the vehicle, as the case may be, it is required to be attached to, but a licence may during the licence year be transferred, in the records of the Department of Munici pal Affairs, to any new owner of the equipment.".

Section 9 is amended

Section 9 amended (

a) by striking out clauses (

c) and (

d) of subsection (1), (

b) by adding immediately after subsection (2) the following new subsections: "

(3) When the legal possession of seismographic Notice of d· d d '11' • t th th transfer recor lng an' rI lng equlpmen, 0 er an ex- plosives and detonators, is transferred by sale, lease or rental or other agreement, the person so transferring the legal possession of the equipment shall notify the Department of Municipal Affairs of the transfer within ten days thereof and whether or not the equipment is at that time licensed. "

(4) A person who fails to comply with any Penalty requirement of this

section is guilty of an offence and liable on

summary conviction to a fine of not less than one hundred dollars nor more than five hundred dollars.".

Section 15 is amended

Section 15 amended (

a) as to clauses (

a) and (

b) of subsection (1) by adding immediately after the word "equipment" the words "for which a licence is required and", (

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

(3) Where a person is convicted for an offence under Clause (

a) of subsection (1), the Minister may, from whatever information he has available, calculate the annual licence fee for the equipment in respect of which the offence was committed and may collect the computed fee by action in any court of competent jurisdiction as a debt due to the Crown, notwithstanding the imposition of any pen alty imposed by the convicting magistrate or jus tice.". 7. The following new sections are added immediately New after

section 15: ~~~t~~d 15b "15a. A prosecution for an offence under this Act may Commence be commenced at any time within two years of the com- ~~~~c~iion mission of an alleged offence. "15b. The Minister may refund in whole or in part any Refund of moneys received by way of a licence fee when licence fee "(

a) the licence fee or any part thereof was paid or received in error, or " (

b) the equipment for which the licence fee was col lected or received was not used for seismographic exploration purposes in any municipality during the licence year.". 8. This Act comes into force on the day upon which Coming into it is assented to and upon so coming into force shall be force deemed to have been in force at all times on and after the first day of January, 1955.

THIRD SESSION TWELFI"H LEGISLATURE 4 ELIZABETH II 1955 BILL

An Act to amend The Seismographic Recording and Drilling Equipment Licensing Act Received and read the First time .......................... .. Second time ....................................... . Third time ............ . HON. MR. HINMAN Title: 1955 (12th, 3rd) Bill 63,

An Act to amend The Seismographic Recording and Drilling Equipment Licensing Act

Document details

Collection	Alberta — Bills
Citation	L12 S3 6508
Type	bill
Volume / chapter	L12 S3 6508
Language	en
Format	json
Source	PROVINCIAL
Identifier	45a094c5e118849243abb0826a4110bfc6307fe3

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