Bill 91 (Legislature 8, Session 3)

L8 S3 8335

Alberta — Bills

BILL No. 91 of 1937.

An Act to amend The Provincial Lands Act. (Assented to , 1937.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, .enacts as fo1l0Ws: 1.. This Act may be cited as "The Provincial Lands Act Amendment Act, 1937." 2. The Provincial Lands Act, being

chapter 43 of the Statutes of Alberta, 1931, is hereby amended as to

section 13. by striking out the same and by substituting therefor the following: "13. Noland shall be open for entry for a homestead or for sale, until it has been surveyed in accordance with the provisions of The Alberta Surveys Act, and no entry for any homestead shall be allowed unl-ess and until public notice has been given by advertisement in at least three issues of a newspaper, circulating in 'the vicinity in which such land is situate." 3. 'The said Act is further amendelll as to

section 23 by striking out subsection (1) thereof and by substituting therefor the following: "23.-

(1) Permanent residence by an entrant upon a farm of such area as may be approved by the Minister, situ ~te within a distance of nine miles from his homestead in a direct tine, exclusive of the width of road allowances crossed in the measurement and owned solely and occupied by him, 'Or permanent residence on a farm of that area and so situ a'te, owned solely by his father, mother, husband, wife, son, daughter, brother or sister, shall be accepted as residence upon the homestead, and for the purposes of this subsection a person who is a purchaser ,of land under an Agreement of Sale and who has paid at least one-third of the purchase price as at the date of application for notification for the bomestead, shall be deemed to own the land so purchased.

"'(la) Where the title to land is vested in the homesteader or a relative, the ownership thereof shan 'be established by 'tihe production of proof of the date of commencement of l0~l'Shi'pand by the production of an abstract of title shoWing ownership at the time of appHcation fora notifica t.i001."

2 4. The said Act is further amended as to

section 36 by adding at the end thereof the following new proviso: "Provided also that notwithstanding the terms or pro visions of any lease now subsisting made by the Province or the Dominion of Canada, the rental shall become due and be payable in advance on the first day of January in each and every year during the term of such lease." 5. The said Act is further amended as to

section 39 by striking out the proviso to subsection (1) thereof. 6. The said Act is further amended as to

section 40 by adding at the end thereof the following new subsection: "

(2) Provincial lands of a class designated as School Lands containing sand, stone or gravel, may be disposed of under regulations made by the Lieulenant Governor in Coun cil." 7. The said Act is further amended as to

section 44,- (

a) by striking out the words "the first day of April, 1935" where the same occur in paragraph (

b) of subsection (2) and by substituting therefor the words "the thirty-first day of December, 1936"; and (

b) by adding at the end thereof the following new sub section: "

(3) The Lieutenant Governor in Council may, "(

a) appoint a Board of not more than three mem- bers to inquire into any application for com promise, adjustment or arrangement in re spect of any agreement for the sale of School Lands or of the sum payable under such agree ment on account of principal and interest or either of them; and to report thereon to the Minister with such recommendations as may be deemed proper; and " (

b) give effect to the recommendation of such Board of any compromise, adjustment or ar rangement in respect of any agreement for the sale of School· Lands or of the sum payable under such agreement on account of principal and interest or either of them." 8. The said Act is further amended as to

section 44a by striking out the same. 9. The said Act is further amended as to

section 46 by striking out paragraphs (b), (

c) and (

d) and by substitut ing thereror the following: " (

b) no berth shall be offered for sale unless and until notice of the terms and conditions applicable to such sale has been given by advertisement in a news paper circulating in the vicinity and in one news paper in the City of Edmonton;

3 "(

c) no offer shall be accepted unless it complies fully with all the terms and conditions set out in the notice of sale; "(

d) no berth shall be awarded except to the person who makes the highest offer and furnishes an undertak ing in writing to the Department to operate annually a properly equipped saw-mill or saw-mills satis factory to the Minister; and " (

e) no license for a timber berth shall be offered for sale for a term of more than one year and shall not be renewable after the tenth year from the date of sale." 10. The said Act is further amended as to

section 48 by striking out subsection (1) thereof and substituting therefor the following: "

(1) Subject to the provisions of

section 46 the license shall be for a term not exceeding one year, but shall be re newable from year to year while there is on the berth timber of the kind and dimensions described in the license in suffi cient quantity to make it commercially valuable, or for the term set out in the notice of sale, and such renewal shall be subject to the payment of such dues and to such terms and conditions as are fixed by the regulations in force at the time such renewal is made." 11. The said Act is further amended as to

section 49 by striking out paragraphs (

a) and (

b) and by substituting therefor the following: "(

a) to manufacture each year not less than 75,000 feet board measure of sawn lumber from timber cut off Provincial lands for each square mile or fraction thereof contained in such berth; " (

b) to pay in advance such annual license fee, fire guarding charges and ground rent as is fixed by the regulations, together with the tax assessed and payable by the licensee for the current year on such berth pursuant to the provisions of The Timber Areas Tax Act, or any Act passed in substitution therefor, and in addition thereto to pay in cash at each time of making the returns prescribed in par agraph (

d) of this section, such dues as are fixed by the regulations." 12. The said Act is further amended as to

section 51, (

a) by adding at the end of subsection (1) thereof the following new proviso: "Provided further, however, that in the event of 'any licensee of a timber berth and any such grantee, lessee or permittee as aforesaid failing to agree upon the amount of such payment to be made to the said licensee, the licensee, grantee, lessee or permittee as the case may be, shall forthwith submit the matter

(b) 4 in dispute to. a Judge o.f the Supreme Court o.f Al berta fo.r decisio.n, and the said parties shall abide by the decisio.n o.f the said Judge in respect thereof and by such o.ther directions as the said Judge may see fit to. o.rder in respect o.f the matter in dispute, and every such applicatio.n shall be subject to. and go.v erned by the rules o.f Co.urt applicable to. p,ro.eeedings by way o.f o.riginating no.tice." by striking o.ut the wo.rds "and the determinatio.n o.f such compensatio.n shall be in a manner to. be pre scribed by the Minister". 13.

The said Act is further amended as to sectio.n 52 by adding to. paragraph three after the wo.rds "similar to. licensed berths" the wo.rds "to.gether with the tax assessed and payable by the permittee fo.r the current year o.n such timber permit berth pursuant to. the pro.visio.ns of The Timber Areas Tax Act Dr any Act passed in substjtutio.n therefo.r." 14. The said Act is further amended as to. sectio.n 56 by striking o.ut the wo.rd "seven" where the same o.ccurs therein and by substituting therefo.r the wo.rd "five". 15. The said Act is further amended as to.

section 68 by striking o.ut the wo.rds "the Master in Chambers at Edmo.n to.n, or to. the Master in Chambers at Calgary" where the same o.ccur in subsection (2) thereo.f and by substituting therefo.r the wo.rds "a Judge Dr Lo.cal Judge o.f the Supreme Co.urt in Chambers". 16. The said Act is further amended as to sectio.n 91 by ~triking o.ut the wo.rds "upo.n request made to. him by the Minister," where the same o.ccur in subsectio.n (1) thereo.f. 1 "1. The said Act is further amended as to. sectiQ.n 94 by striking o.ut the same and by substituting therefo.r the fo.l lo.wing: "94.

All licensees o.f timber berths dispo.sed of o.n or be fore the thirtieth day of September" 1930, sha1l erect and have in operation in co.nnectio.n with the berth no.t later than the thirty-first day o.f December, 1939, a properly equipped saw-mill Dr saw-mills, and failure to. erect and o.per~te SQch mill or mills shall render the license fo.r the berth subject to cancellatio.n by the Minister." 18. The said A.ct is further amended by in~rting therein immediately after

section 950.. the following new sectio.n: "95b. The Minister may, by notice in writing, require anY perso.n who is for the time being in the occupatiem of any Provincial land o.therwise than pursuant to. a right granted pursuant to. this Act, to. fo.rthwith cease such occupatio.n and vacate such land, and any such perso.n who. do.es no.t co.mply

5 with such notice forthwith upon the service thereof upon him, shall be guilty of an offence and liable on

summary conviction therefor to a fine of not more than one hundred 'dollars and costs, and in default of payment to imprisonment for a term of sixty days." 19. This Act shall come into force on the day upon which it is assented to.

THIRD SESSION EIGHTH LEGISLATURE 1 GEORGE VI 1937 BILL

An Act to amend The Provincial Lands Act. Recei ved and read the First time ....................................... . Second time ..................................... . Third time ....................................... . RON. MR. TANNER. EDMONTON: A. Shnitka, King's Printer 1937 Title: 1937 (8th, 3rd) Bill 91,

An Act to amend The Provincial Lands Act

Document details

Collection	Alberta — Bills
Citation	L8 S3 8335
Type	bill
Volume / chapter	L8 S3 8335
Language	en
Format	json
Source	PROVINCIAL
Identifier	56a840522c469a66be82ba9fde1a5efbf55b33ce

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