Bill 77 (Legislature 11, Session 4)

L11 S4 6988

Alberta — Bills

Bill No. 77 of 1951. A BILL TO' AMEND THE PUBLIC LANDS ACT. NOTE. This Bill amends The Public Lands Act, being

chapter 81 of the Statutes of Alberta,

Section 2 is amended by adding a definition for the word "lease" and for th.e words "small holding". Subsection (2) of

section 5 is amended to -clarify the position regarding ownership of lands that comprise the shore and beds of streams, rivers and lakes.

Section 12, subsection (5) is amended to make it clear that any veteran, subject to the other provisions of this section, may obtain a homestead lease regardless of the amount of other land of which he is the owner.

Section 18 is amended by adding a new subsection (6) which enables the Minister to accept residence upon a .small holding situated near the leased lands as the residence required under the Act.

Section 32 is amended by making a homestead lease liable to cancellation if the lessee disposes of improvements paid for with moneys advanced under The Veterans' Land Act, 1942. Subsection (3) of

section 45 is amended to require the payment of a fee of twenty-five dollars by each party when homestead leases are exchanged. A new subsection (4) provides for the exchange of credit for duties performed by a homestead lessee when homestead leases are ex.changed.

Section 52 is struck out as it is being incorporated into the Act as

section 94'a. A new

section 54a is added which provides that a lessee under a cultivation lease shall have the right to reside and construct improvements on the land leased. Subsection (3) of

section 57 is amended by striking out that part which relates to the payment to a lessee on ter mination of a lease, for impr9vements made by him. A new

section 94b deals with payments for improvements and in corporates that portion of subsection (3) being struck out.

Section 63 is amended by fixing at 12Y2 % the percentage of forage value of grazing lands which will be the basis for

ii computation of the rent payable for the land and the tax 'payable under The Grazing Lease Taxation Act in areas other than special areas. The percentage of forage value of lands used as the basis for computation was formerly such per'centage as might be fixed from time to time by the Lieutenant Governor in Council. Subsection (2) of

section 73 is amended to make it clear that the consent of the Minister to the assignment of a grazing lease can only be obtained if, among other things, the lessee seeking the consent has personally been in posses sion of the land for a period of not less than three years. Sections 80, 81, 82 and 85 are repealed and their pro visions incorporated into new sections 100, 100b, 100c and 94b. A new

section 89a is added. It authorizes the Minister to exempt from payment of a crop share for any period not exceeding three years, the lessee of lands which are infested with noxious weeds.

Section 93 is amended by striking out subsection (4) the provisions of which have been incorporated into

section 94b. A new

section 94a establishes the procedure to be followed in obtaining a lease of public lands. Its provisions were formerly contained in

section 52 which dealt only with cultivation leases. The procedure will now apply in the case of all types of leases except homestead leases where the pro cedure varies slightly. A new

section 94b empowers the Minister where a lease of lands has been terminated to permit the removal of im provements created upon the land and further authorizes him to refund to any person who has made improvements on public lands any moneys collected by him on account of the value of the improvements. Similar provisions were formerly contained in sections 57, 82, 85 and

Section 100 is struck out and new sections 100 100a, 100b and 100c are substituted.

Section 100 replaces ~ection 82 which is being deleted and authorizes the Minister to withdraw any lands leased pursuant to The Public Lands Act from a lease if it is in the public interest to do so.

Section 100a empowers the Minister to grant a right of entry for the purpose of geological and geophysical explora tion upon public lands which have been leased and to with draw from any lease lands which are found to contain minerals of value or which are found to be suitable for the development of water power.

Section 10~b was formerly

section 80. It requires the lessee of publIc lands to permit the Minister to enter upon lands ~or the purpose of constructing or operating works authorIzed under The Water Resources Act.

iii

Section 100c was formerly

section 81. It prohibits the lessee from trespassing upon or damaging any works con structed under The Water Resources Act and requires the lessee to repair any works damaged by him.

Section 108 is amended. The reference to gold, silver and other minerals contained in school lands is deleted because minerals are administered pur.suant to The Mines and Minerals Act and this Act deals entirely with the surface of land.

Section 110 is amended as to clause (

b) so that the Minister may sell not only a fractional quarter

section of any land but also a part of a quarter

section of land. The amendment is rendered necessary by the technical difference between the meaning of the words "part of" a quarter

section and "fractional" quarter

section when used by sur veyors. A new clause (

r) is added to

section 113. This clause authorizes the Lieutenant Governor in Council to exempt from the residence and cultivation requirements under the Act, any lessee during the time he is on active service in defence of Canada or as a member of the special forces of Canada. A new

section 148b authorizes inspectors of the Depart ment to enter and inspect the lands and buildings of any lessee who has obtained a lease under this Act. The Bill comes into force on the 1st day of July, 1951. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation Of its provisions.)

BILL No. 77 of 1951.

An Act to amend The Public Lands Act. (Assented to , 1951.) 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.

Section 2 is amended,-

Section 2 amended (

a) by adding immediately after clause (0) the follow ing new clause: "( 00) 'lease' includes, in addition to its ordinary "lease' meaning, a right of entry granted pursuant to The Right of Entry Arbitration Act, a license of occupation, easement, and any other form of terminable grant issued pursuant to the provisions of this Act;"; (

b) by adding immediately after clause (

u) the follow ing new clause: " (uu) 'small holding' means any area situated else- "small where than in a city, town, village or hamlet, holding" that is in the immediate vicinity of the lease- hold and is approved by the Minister as a place of 'residence for the leaseholder;". 3,.

Section 5, subsection (2) is amended by adding im-

Section 5 mediately after the word "comprises" the words "at any amended time".

Section 12, subsection (5) is amended by adding

Section 12 immediately before the words "A veteran" the words amended "N otwithstanding the other provisions of this section,". 5,.

Section 18 is amended by adding immediately after

Section 18 subsection (5) the following new subsection: amended "

(6) The Minister, in his discretion, may accept residence Residence upon a small holding as residence under this Act.". ~~I~Tn~l

Section 32 is amended by adding immediately after

Section 32 amended clause (/) the following new clause:

Rection 45 amended Exchange or homestead

Section 52 repealed New

section 54a 2 "(

g) improvements purchased or ,created with financial assistance obtained under The Veterans' Land Act, 1942, are sold or otherwise disposed of by the lessee." .

Section 45 is amended,- (

a) by adding immediately after the words "respective homesteads" where they occur in subsection (3) the words "~pon payment to the Minister by each lessee of a fee of twenty-five dollars,"; (

b) by adding immediately after subsection (3) the following new subsection: " ( 4) Where a lessee exchanges his homestead pursuant to subsection (3), ,credit for the duties performed on his former lease may be transferred to the lease taken in exchange if immediately before the transfer is made the lessee files proof in the form of an application for notification, that the requirements of his lease up to that date have been fulfilled." .

Section 52 is repealed. 9. The following new

section 54a is added immediately after

section 54: Erection of "54a. The lessee may reside on the lands contained in the buildings I d t th b 'ld' d . and improve- ease an may erec ereon any UI lngs an Improve- ments ments required in connection with his operations.".

Section 57 amended

Section 63 amended

Section 73 amended Sections 80, 81,82 and 85 repealed New

section 89a Exemption from pay ment of crop share

Section 57, subsection (3) is amended by striking out the words ", and the Minister shall pay to the former lessee who made the improvements the money paid by the pur chaser for the improvements". 11,.

Section 63, subsection (1) is amended by adding immediately after the words "shall be" the words "twelve and one-half per cent of the forage value of the lands in cluded in the lease, except in a special area where the rent, together with the tax, shall be".

Section 73, subsection (2), clause (

b) is amended by adding immediately after the words "the said lessee" the word "personally". 13. Sections 80, 81, 82 and 85 are repealed. 14. The following new

section 89a is added immediately after

section 89: "89a. The Minister, in his discretion, may exempt a lessee from the payment of a crop share for a period not exceeding three crop years following the date of the grant ing of the lease if the demised lands are infested with noxious weeds.".

1,5.

Section 93 is amended by striking out subsection

Section 93 amended (4). 16. The following new sections are added immediately New ~ections after

section 94: 94a and 94b "94a.

(1) Any person applying for a lease shall declare Cash deposit what improvements, if any, there are upon the land with ~~f~:~~ im respect to which his application is made, and shall submit provements with tb.e application an amount in cash sufficient to cover his valuation of the improvements. "

(2) On receipt of the application the Director shall cause the improvements to be examined and valued by an officer. "

(3) Where the officer's valuation exceeds that of the applicant, the difference shall be paid by the applicant to the Department, and where the officer's valuation is less than that of the applicant, the difference shall be refunded by the Department to the applicant. "

(4) If the application is not accepted any moneys re ceived for the purchase of the improvements shall be re funded unless the applicant is indebted to the Department. "

(5) Where moneys provided by Canada under The When culti Veterans' Lands Act, 1942, have been expended for cultiva- X:!~e1ar~_ tion, or where in any specific case the Minister so orders, provement cultivated land shall be ,considered an improvement. "94b. In any case where a lease has been cancelled or Procedure has expired the Minister in his discretion may,- ~va~~e~l:;se "(

a) authorize the lessee to remove from the lands in- cluded in the lease any improvements created or owned by him; " (

b) refund to the person who made the improvements or to any dependent or dependents of the person adj udged by the Minister to be entitled thereto, any moneys collected by him on account of the value of the improvements or so much thereof as he may in his discretion consider proper after dedu~ting any amount which may be owing to His Majesty with respect to the lands concerned.".

Section 100 is struck out and the following new sec-

Section 100 tions are substituted : ;~ "100.

(1) If the ~iI1:ister, at .a~y ~ime durin&, t~e term ~~~~~~~Ob of a lease is of the opInIOn that It IS In the pubhc Interest and 1000 to withdr~w the whole or any portion of the land included added in a lease other than a lease of a homestead, he may, on Withdrawal , 't· ·thd hId of land giving the lessee three years no Ice, WI raw sue an and cancel the lease to that extent. "

(2) Any land included in a lease other thana lease of a homestead that is required for any irrigation project may be withdrawn by the Minister at any time during the term of the lease on giving the lessee one year's notice. "

(3) Service of the notice may be effected by mailing the Seryice of same by registered mail to the address or the last known notICe

Right of entry Withdrawal of land for development of water power Entry for construction of irrigation works Trespassing Repairing of damaged works

Section 108 amended 4 address of the lessee, and in such case service shall be deemed to have been effected upon the lessee on the day on which the notice was mailed. "100a.

(1) The Minister may grant a right of entry to explore and sear,ch for gold, silver, copper, coal or other minerals with respect to any land leased pursuant to the provisions of this Act. "

(2) The right of entry gra~t.ed pursuant to this ~ection shall be subject to such condItIo1?-s. for the protect~on of the interests of the lesse~ as the MInIster may prescrIbe. "

(3) If the Minister is satisfied that any portion of any land leased pursuant to the provision~ of this A~t .co~tains gold, silver, ,copper, coal or other mInerals ~r IS sUItable for the development of water power, he may WIthdraw from the lease any portion of the land on giving the lessee one year's notice. "

(4) Where a right of entry has been granted pursuant to The Right of Entry Arbitration Act to recover minerals, a copy of any notice given pursuant to subsection (3) shall be served upon the Right of Entry Arbitration Board by mailing the same by registered mail. "

(5) If any lands are withdrawn from his lease, the lessee shall be entitled to a reduction in the rent propor tionate to the reduction in the lands leased but shall have no further or other claim with respect to the lands with drawn and shall not be entitled to any other compensation therefor. "

(6) Where entry upon the land is granted by the Min ister for the purpose of exploration or by the Right of Entry Arbitration Board for the purpose of recovering minerals, or by the Board of Publi,c Utility Commissioners for pipe line purposes, the area may remain in the lease subject to such right of entry. "lOOb. The lessee shall permit the Minister or his duly authorized agent to enter upon the land with men, horses, machinery, and equipment of any kind, for the purpose of constru,cting, maintaining, repairing and operating any works authorized under the provisions of The Water Resources Act. "lOOc.

(1) The lessee shall not trespass upon damage or destroy, or permit or allow his stock or any person or the stock of any person to trespass upon, damage or destroy any of the works constructed upon the land under The Water Resources Act. "

(2) The lessee shall repair or reconstruct any works so damaged or destroyed upon receiving notice in writing from the Minister requiring him to do so.".

Section 108, subsection (1) is amended by striking out the words "together with the gold and silver as well as other tninerals contained therein,".

Section 110, clause (

b) is amended by adding im-

Section 110 amended mediately after the words "sell a" the words "part of a quarter

section or a".

Section 113 is amended by adding immediately after

Section 113 amended clause (

q) the following new clause: " (

r) exempt any lessee who enlists for active service in f:S~~~~or the special forces of Canada or is called for active acti,:"e service in defence of Canada from the provisions of servICe "the residence and cultivation requirements during those crop years in which he is on active service and in accordance with such regulations as may be made.". 21. The following new

section 148b is added immediately New after

section 148a: .

section 148b "148b. Any person acting lawfully in the performance Entry to of duties assigned to him under this Act may enter any :~~~fn!nd lands leased under this Act or buildings erected thereon for public lands the purpose of surveying and examining the state and condition thereof.". 22. This Act shall come into force on the first day of ~otmIf·ng In 0 orce July, 1951.

No. 77. FOURTH SESSION ELEVENTH LEGISLAnJRE 15 GEORGE VI 19,51 BILL

An Act to amend The Public Lands Act. Received and read the First time ............ . Second time ............ . Third time .................... . HON. MR. TANNER. Title: 1951 (11th, 4th) Bill 77,

An Act to amend The Public Lands Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 6988
Type	bill
Volume / chapter	L11 S4 6988
Language	en
Format	json
Source	PROVINCIAL
Identifier	45e9b024a57177e9abe0fca7b0841f094e4c3d2b

Source file is stored in the law ingest library (json).