Bill 206 — Third Session, 23Rd Legislature, 44 Elizabeth Ii the Legislative Assembly of Alberta Bill 206 Agricultural Land Conservation Easement Act Dr. Nicol (Legislature 23, Session 3)

L23 S3 2123

Alberta — Bills

1995 BILL 206 Third Session, 23rd Legislature, 44 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 206 AGRICULTURAL LAND CONSERVATION EASEMENT ACT DR. NICOL First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1995 (23rd, 3rd) Bill 206, Agricultural Land Conservation Easement Act

Bill 206 Dr. Nicol BILL 206 1995 AGRICULTURAL LAND CONSERVATION EASEMENT ACT (Assented to , 1995) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) "agricultural land" means land the use of which for agriculture (

i) is either a permitted or discretionary use under the land use by-law of the municipality in which the land is situated, or (ii) is permitted pursuant to

section 74 of the Planning Act; (b) "covenantee" means a person who has entered into an easement with an owner of agricultural land pursuant to

section 2; (c) "land use by-law" means a land use by-law or a land use regulation as defined in the Planning Act; (d) "Minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. 1

Creation of agricultural land conservation easement 2 An owner of land may enter into an agricultural land conservation easement relating to the preservation of any agricultural land with (

a) the Minister, (

b) a Government agency which administers a private conservancy program, (

c) the council of the municipality in which the land is located, (

d) a society incorporated under the Societies Act or a company registered under

Part 9 of the Companies Act, organized for private conservancy purposes, (

e) a Provincial corporation as defined in the Financial Administration Act, or (

f) any other person or entity which is approved by the Minister either for a stated period or in perpetuity. Registration3 When an agricultural land conservation easement under subsection (1) is presented for registration, the Registrar of Land Titles for the land registration district in which the land is located, shall endorse a memorandum of the agricultural land conservation easement on any certificate of title relating to that land. Enforcement4(1) An agricultural land conservation easement registered under

section 3 runs with the land and the covenantee that entered into the agricultural land conservation easement with the owner may enforce it whether it is positive or negative in nature and notwithstanding that the covenantee does not have an interest in any land that would be benefited by the agricultural land conservation easement.

(2) In addition to the covenantee, an agricultural land conservation easement registered under

section 3 may be enforced by (

a) the Minister; 2

(

b) an owner of an interest in the real property burdened by the agricultural land conservation easement; or (

c) a person otherwise entitled at law to enforce the agricultural land conservation easement. Assignment 5 An agricultural land conservation easement registered under

section 3 may be assigned by the covenantee, and the assignee may enforce the agricultural land conservation easement as if it were the person or entity that entered into the agricultural land conservation easement with the owner. Modification 6 An agricultural land conservation easement may be modified or discharged and such modification or discharge shall be in accordance with the Land Titles Act, and the Registrar of Land Titles for the land registration district in which the land is located shall accordingly endorse a memorandum discharging or modifying the agricultural land conservation easement on the certificate of title to the land. Non-application of

section 52 of the Land Titles Act 7

Section 52 of the Land Titles Act docs not apply to conditions or covenants made under this Act. Encumbrances 8 No condition or covenant under this Act shall be deemed to be an encumbrance within the meaning of the Land Titles Act or the Municipal Government Act. Users of land 9(1) Where the terms of an agricultural land conservation easement registered pursuant to

section 3 allow public access, a person making any lawful use of the land is not a trespasser.

(2) Subject to subsection (3), no duty of care is owed to any person using land which is subject to an agricultural land conservation easement by the owner of the land or the covenantee with respect to that land.

(3) An owner of land which is subject to an agricultural land conservation easement owes a duty to users of the land not to create by positive act anything which constitutes a danger to users of the land with the intention of doing harm to the user of the 3

land or damage to the property of the user of the land. 10 This Act binds the Crown. 4 Title: 1995 (23rd, 3rd) Bill 206, Agricultural Land Conservation Easement Act

Document details

Collection	Alberta — Bills
Citation	L23 S3 2123
Type	bill
Volume / chapter	L23 S3 2123
Language	en
Format	json
Source	PROVINCIAL
Identifier	566b64f082c3693e2055c63faf3e0959332a22c0

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