Bill 23 — A Bill To Amend the Forests Act (Legislature 13, Session 2)

L13 S2 6383

Alberta — Bills

No. 23 2nd Session, 13th Legislature, Alberta 4 Elizabeth II, 1956 BILL 23 A Bill to amend The Forests Act HON. MR. WILLMORE EDMONTON, ALBERTA Printed by A. SHNITKA, Printer to the Queen's Most Excellent Majesty 1956

Explanatory Nole

Section 3 provides that The Forests Act does not apply to forest reserves, while

section 44 of The Forest Reserves Act makes certain provisions of The Forests Act apply thereto. The amend ment will remove the conflict. 3. Sedion 10, subsection (1) now reads: "10.

(1) Timber berths for the cutting thereon of pulp-wood shall be of such area as mlty be determined by the Minister and disposition of such berths may be made by the Minister under an agreement ap proved by the Lieutenant Governor in Council." The amendment will enable the Minister with the approval of the Lieutenant Governor in Council to reserve for future disposi tion timber suitable for pulp-wood, plywood or other products as well as enabling him to dispose thereof to persons engaged in the manufacture of such wood products.

Section 12, subsection (1), clause (

d) reads as follows: "12.

(1) Each application for a berth must be accompanied by a deposit as follows, - - "(

d) for an area of more thl1n ten square miles and up to the maximum of twenty-five square miles, $500.00". The reference to a maximum area is removed as larger areas are likely to be covered by agreements. G. Will permit the Minister to refuse licences, permits or tenders for .specified causes.

BILL No. 23 of 1956

An Act to amend The Forests Act (Assented to , 19.56) HER MAJESTY, by and with the advice ano consent of the Legislative Assembly <;>f the Province of Alberta, enacts as follows:

PART I 1. The Forests Act, being

chapter 43 of the Statutes of Alberta, 1949, is hereby amended.

Section 3, subsection (2) is amended by adding im mediately after the word "Act" the words ",unless other wise provided by The Forest Reset'ves Act,".

Section 10 is amended by striking out subsection (1) and by substituting the following: "10.

(1) Notwithstanding any of the provisions of this Part, the Minister may If (

a) make a disposition of pulp-wood or timber suitable for manufacture into plywood or other products, or " (

b) reserve pulp-wood or timber suitable for manu facture into plywood or other products for future disposition to any person, by an agreement with any person engaged in the manu facture of pulp or plywood or other products, and upon such terms and conditions and in respect of such area as may be approved by the Lieutenant Governor in Council.".

Section 12, subsection (1), clause (

d) is amended by striking out the words "and up to the maximum of twenty five square miles,". 5. The following

section is added immediately after sec tion 17: "17a. The Minister may reject any bid or tender made by any person indebted to the Minister for any royalties, dues, rents, charges, penalties or fees required to be paid by this Act or the regulations, and may refuse to issue any licence or pernlit to the person so indebted.",

2 G.

Section 18 is amended to enable a person submitting more than one tender to submit one guarantee deposit.

Section 18 reads at present as follows: 18. Every tender to purchase a berth shall be "(

a) accompanied by a guarantee cash deposit which shall be en closed in the sealed container; "(

b) presumed to include on behalf of the person making the same an undertaking to pay to the Crown in addition to the pur chase price and all dues, charges and taxes reserved or im posed by this Act or any other Act, "(

i) the cost incurred in cruising, surveying and auYertising the berth, "(ii) an annual rent based on the square miles contained in the lands covered by the license, license fee and fire guarding charges." By the present

section a tender is presumed to include an un dertaking to pay specified costs to the Crown; the amended

section would require such undertaking to be in writing.

Section 28, subsection (3) now reads: "(3) '£he Director may from time to time call upon the holder of a license to furnish to the Department a cruise of the berth or a.ny por tion thereof comprised in the license and, "(

a) if such cruise is not furnished; or "(

b) if in his opinion any portion of a berth has not a Bufflcie-nt quantity of the kind and dimensions of timber specified In the license for such berth; or - "(

c) if such portion of the berth is not necessary for the proper working of the remainder of the berth; he may withdraw such portion in whole or in part from the berth." The amendment will permit holders of berths to apply for can cellation of parts thereof that have been cut and no longer re quired for the operation of the berth. 8. The amendment allows a reduction of the charges for ground rent and fire-guarding charges during the first and last year of the berth.

2 6. Sectiori 18 is struck out and the f.ollowing is, substi- tu~ed: " ' "18~' ,,

(1) Subject ,to subsection (2),' every tender to purchase a berth shaH be " (

a) accompanied by the guarantee cash deposit en closed in a sealed container, " (

b) accompanied by an undertaking in writing by the tenderer that in the event that his tender is even tually successful he will pay to the Crown in addi tion to all dues, charges and taxes reserved or im posed by this or any other Act, "(

i) the costs incurred in cruising, surveying and advertising the berth, "(ii) an annual rent based on the number of square miles in the berth, H (iii) the licence fee, and "(iv) fire-guarding charges. "

(2) Where any person submits more than one tender for the same berth at any sale, the guarantee deposit ac companying the first tender made shall be deemed to ac company any of the additional tenders.".

Section 28 is amended' by striking out subsection' (3) and by substituting the following: (I

(3) Where the Director finds upon examination of a berth " (

a) that any portion 'of the berth does not contain sufficient quantity 'of the kind and dimensions of timber specified in the license for such berth, or " (

b) that any portion of the berth is not necessary for the proper working of the remainder of the berth, he may, upon application by the licensee, withdraw such portion from the berth. "(3a) Subsection (3) does not apply unless the portion of the berth to be .. withdrawn is of an area of six hundred and 'foi·ty acres or more.".

Section 33 is amended (

a) by renumbering the

section as subsection (1), (

b) by adding immediately after the renumbered sub section (1) the following subsection: "

(2) With respect to the year during which the license is issued and the year during which the li cense is eventually terminated, the ground rent and fire-guarding charges referred to in subsection (1) ll1:ay be reduced proportionately for ~verY:. quarter of such year d1irtng which the license· has" not been in effect.".

3 9. (

a) section 37, subsection (1) which is amended for clarifi cation of timber isolation reads at present: "S7.

(1) Permits may be granted without competition to cut for sale timber occurring in areas of adjoining lands isolated from other areas of merchantable timber and not exceeding one hundred and sixty acres or one quarter section, estimated to contain not more than one hundred and twenty-five thousand feet board measure of spruce, pine, tamarack, and species of timber other than poplar, where a survey is not neces sary." (b) Subsection (3) is amended to allow special and settlers' timber permits to be dealt with by regulations as conditions change.

Section 38 now reads: "sa.

(1) No permit shall Issue under

section 37 unless the application has been approved by the timber officer for the district in which the land is situate. "

(2) Where a permittee returns a permit issued pursuant to subsec tion (3) of

section 37 giving thereon a statement of the amount of ma terial cut, no refund of dues shall be made to the permittee unless fifty per cent of the material covered by the permit has been cut." The amendment will enable a refund to be made when the per mittee has been unable to cut the timber.

Section 42, subsection (1), clause (

a) now reads: "42.

(1) Any set tier who "(

a) obtains a homestead or a lease under the provisions of The Public Lands Act; and "(

b) has no timber on his lease or on lands owned by him which could be used to meet his requirements; and "(

c) has not obtained a free allowance of timber from public lands: may be granted a permit to cut within the first three years of the term of the lease such timber on other lands as he may require for use on the land held-under lease." By the amendment the

section will apply only to a homestead lessee and will allow four years instead of three for the acquisi tion of a permit.

Section 43 now reads: "43.

(1) Any settler residing on a farm and cutting timber on public lands held as a homestead or cultivation lease or an agreement for sale in the preparation of such land for cultivation may dispose of any forest product on obtaining a permit and pttyfng the du~s as presorfbed by the ~ieutenant Governor in Council.

Section 37 is amended (

a) by striking out subsection (1) and by substituting the following: "37.

(1) Permits may be granted without com petition to cut for sale timber occurring in areas of adjoining lands isolated from other areas of such timber and not exceeding one hundred and sixty acres or one quarter section, estimated to contain not more than one hundred and twenty-five thous and feet board measure of spruce, pine, poplar or other species of timber.", (

b) by striking out subsection (3) and by substituting the following: "

(3) Permits may be granted upon payment of dues and fees, without competition, to cut timber on public lands in such quantities and of such spe cies as the Lieutenant Governor in Council may prescribe by regulation. "(3a) The Lieutenant Governor in Council may by regulation restrict the classes of persons to whom permits may be issued pursuant to subsection (3) .".

Section 38 is struck out and the following is sub stituted: "38.

(1) Where a holder of a permit issued pursuant to subsection (3) of

section 37 has not cut all the material authorized to be cut by the permit, the Director may refund the dues for the material not cut. "

(2) No refund of the dues shall be made unless the permittee " (

a) returns the permit to the Director within three months of its expiration, and " (

b) files an affidavit with the Director setting out the quantity of the material cut.".

Section 42, subsection (1) is amended (

a) by striking out clause (

a) and by substituting the following: "(

a) acquires a homestead lease pursuant to The Public Lands Act; and", (

b) by striking out the word "three" and by substitut~ ing the word "four".

Section 43 is struck out and the following is sub stituted: "43.

(1) Any person cutting timber on public lands held by him as a homestead lessee, cultivation lessee or as a purehaser under an agreement for sale, may, in the pre par-

4 "

(2) If cultivation is performed Oil th,e an'a from which the timber is taken within twelve months from such cutting, the dues paid shall. be refundable if application is made w.lthin eighteen months from the time the- permit is issued, supported by a sworn statement that the land has been cultivated within the required twelve months." The amendment will extend the time within which cultivation must be undertaken as well as the time in which application for refund must be made. "

Section 44, subsection (1) now reads: "44.

(1) Any settler wl}.o has lost his dwelling or other buil!iing by accidental fire not due to his own carelessness, may obtain a permit free of dues, within a period of two years from the date of such fire, to cut the quantity of timber required for the replacement of such building." By the amendment to rights it is intended t9 i;!onfine the 'rights here dealt with to persons residing on homesteads.

Section 50, subsections (1) to (3) now read: "50. '

(1) The licensee or his lawful attorney shall·file a sworn return with the Director not later than the twenty-first day of each month on forms prescribed by the Minister, accouriting for, . "(

a) the number of pieces of round timber cut upon the berth held or occupied by him; "(

b) the number manufactured and the product thereof; and :".(

c) the quantity sold and the quantity on hand. "

(2) Dues shall be paid forthwith on the product of manufacture. or on the sale of the timber or on the measurement or scale of the timber and on all timber .cut upon the land comprising the bertn, as .required by the Director., "

(3) A person who tilakes default in complying with the requil,'ements of subsection (1) shall pay a penalty of ten dollars:" The purpose of the amendment is to allow returns to be, made 'and dues to be based on material scaled, to clarify the date of returns and to provide that no returns need be made until opera tions begin, or application made for cancellation and all material sold. ' 15. Subsections (1) and (2) of

section 62 presently read as follows: '''62.

(1) No license shall be issued until evidence has been furnIshed to the Director by the applicant that he has complied with all ,the provisions of The Workmen's Compensation Act . . "

(2) If at any time after the issue of any license, default is, made by the licensee under the provisions of The .. ,'Vorkmen's Compensation Act, the Minister may, in his discretion, by writing under his' hand 'cancel the licence." .

4 at.ion of such lands for cultivation, dispose of any forest product upon obtaining a permit and paying the dues pres cribed by the Lieutenant Governor in Council. "

(2) V/here cultivation is performed on t.he lands from which the timber is taken within two years of such cutting. the dues shall be refunded where application is made within three years of the time the permit is issued and is support ed by an affidavit stat.ing that the lands have been cultivated within the required two years.".

Section 44 is amended by striking out subsection (1) and by substituting the following: "44.

(1) Any settler residing on a homestead lease who loses his dwelling or other building by accidental fire not due -to his own carelessness may, within a period of one year from the date of such fire, obtain free of dues a permit to cut timber for replacement of the dwelling or building.".

Section 50 is anlended by striking out subsections (1), (2) and (3) and by substituting the following: "50.

(1) The licensee or person authorized by him shall, with respect to every month and in the form prescribed by the Minister, make a return accounting for " (

a) the number of pieces of round timber cut upon the berth held or occupied by him, "(

b) the quantity of timber scaled, where the pieces of round timber are scaled, H (

c) the number of pieces of round timber manufactur ed and the product thereof, and " (

d) the quantity of timber sold and the quantity on hand. "

(2) The return shall "(

a) be filed with and received by the Director not later than the twenty-first day of the next succeeding month, "(

b) be verified by an affidavit of the licensee or the per son authorized by him to make the return. "

(3) Dues shall be paid on all timber cut on the berth. "(Sa) A person who makes default in complying with clause (

a) of subsection (2) shall pay a penalty of ten dol lars. H (3b) Subsections (1) and (2) do not apply "(

a) where the licensee has not commenced operations on the berth, or " (

b) where the licensee has applied for cancellation of his license and has no stock on hand either as logs, lumber or other material.".

Section 62 is amended (

a) by adding at the end of subsection (1) the words Hand The IndustTial Wages Security Act", (

b) as to subsection (2) by adding inlmediately after the word "Act" the words "or The Indu,strial Wages Security Act".

5 1.6.

Section 63, subsections (1), (4), (5) and (7) read: (Subsections (2) and (3) were repealed) "63.

(1) All dues on timber cu~ under license shall be payable upon the day the sworn return is reqUIred to be made. "

(4) In case of non-payment of dues whether in consequence thereof the license of the berth has or has not been cancelled, the Director or other person author.ized may seize so much of the timber cut on public lands by the licens~e or under his instructions, or in the possession of the licensee, as will in his opinion be sufficient to secure the payment of the dues, the interest thereon, the expenses of seizure and sale, and expenses incidental to the protection of the timber and may detain the timber as security for payment. "

(5) If payment is not made within one month after seizure, the Director or other person authorized may sell the timber by public auction, and after deducting the sums due, the interest thereon and the expenses aforesaid, he shall pay over tlle balance, if any, to the licensee, if the timber was in his possession at the time of the seizure, or if it was not, to the person who had possession thereof at that time. "

(1) Dues that are not paid when they become due bear interest at the rate of eight per cent per annum until paid and the Crown has a lien for unpaid dues and interest tl].ereon on any timber cut on public lands by the licensee or under his instructions." The purpose of the amendment is to fix the dates dues are pay able and to remove interest charges on unpaid dues on such date. 1.

Section 65, subsection (3) now reads: "

(3) The lien shall constitute a first charge in priority to all other liens and to all incumbrances or charges created by any contract or arising under any Statute or otherwise howsoever, and shall confer the same rights and shall be recoverable in the same manner as the lien and rights of recovery of dues conferred by the provisions in that behalf of this Act, including an absolute unconditional power to sell." The amendment is to clarify procedure on seizure of material. 1.8. Clarifies ref-erences.

Section 109 reads: "109. If any money, other than dues upon timber cut, which is payable under any sale, lease, license or permit is not paid within one month from the date on which it became due, it shall bear interest at the rate of five per cent per annum from the due date."

Part II will relate amendments to the revision and consolidation.

Section 63 is amended (

a) by striking out subsection (1) and by substituting the following: "63.

(1) Dues on the timber cut in any month shall be payable to and received by the Minister not later than the twenty-first day of the next suc ceeding month.", (

b) as to subsections (4) and (5) by striking out the words "the interest thereon", (

c) by striking out subsection (7).

Section 65 is amended (

a) as to subsection (3) by striking out the words If, and shall confer the same rights and shall be re coverable in the same manner as the lien and rights of recovery of dues conferred by the provisions in that behalf of this Act, including an absolute unconditional power to sell", (

b) by adding immediately after subsection (3) the following subsection: "(3a) The lien referred to in subsection (2) may be recovered by a seizure made by a forest officer and sale in accordance with

section 100.".

Section 100, subsection (1) is amended by striking out the words "When any property is seized under this Act," and by substituting the words "Where a seizure is made under

section 65, 77 or 85,".

Section 109 is repealed.

PART II 20. The Forests Act, being

chapter 118 of the Revised Statutes of Alberta, 1955, is hereby amended.

Section 3, subsection (2) is amended by adding im mediately after the word "Act" the words ", unless other wise provided by The Forest Reserves Act,".

Section 11 is amended by striking out subsections (1) and (2) and by substituting the following: "11.

(1) Notwithstanding any of the provisions of this Part, the Minister may

6 "(

a) make a disposition of pulp-wood or timber suitable for manufacture into plywood or other products, or " (

b) reserve pulp-wood or timber suitable for manu facture into plywood or other products for future disposition to any person, by an agreement with any person engaged in the manu facture of pulp or plywood or other products, and upon such terms and conditions and in respect of such area as may be approved by the Lieutenant Governor in Council.".

Section 13, subsection (1), clause (

d) is amended by striking out the words "and not more than twenty-five square miles". 24. The following

section is added immediately after

section 18: H18a. The Minister may rej ect any bid or tender made by any person indebted to the Minister for any royalties, dues, rents, charges, penalties or fees required to be paid by this Act or the regulations, and may refuse to issue any licence or permit to the person so indebted.".

Section 19 is struck out and the following is sub stituted: "19.

(1) Subject to subsection (2), every tender to pur chase a berth shall be " (

a) accompanied by the guarantee cash deposit enclos ed in a sealed container, " (

b) accompanied by an undertaking in writing by the tenderer that in the event that his tender is event ually successful he will pay to the Crown. in addi tion to all dues, charges and taxes reserved or im posed by this or any other Act, H (

i) the costs incurred in cruising, surveying and advertising the berth, "(ii) an annual rent based on the number of square miles in the berth, "(iii) the licence fee, and " (iv) fire-guarding charges. H

(2) Where any person submits more than one tender for the same berth at any sale, the guarantee deposit ac companying the first tender made shall be deemed to ac company any of the additional tenders.".

Section 29 is amended by striking out subsection (3) and by substituting the following: "

(3) Where the Director finds upon examination of a berth "(

a) that any portion of the berth does not contain suf ficient quantity of the kind and dimensions of tim bers specified in the licence for such berth, or

7 "(

b) that any portion of the berth is not necessary for the proper working of the remainder of the berth, he may, upon application by the licensee, withdraw such portion from the berth. "(3a) Subsection (3) does not apply unless the portion of the berth to be withdrawn is of an area of six hundred and forty acres or more.".

Section 34 is amended (

a) by renumbering the

section as subsection (1), (

b) by adding immediately after the renumbered sub section (1) the following subsection: "

(2) With respect to the year during which the licence is issued and the year during which the licence is eventually terminated, the ground rent and fire-guarding charges referred to in subsection (1) may be reduced proportionately for every quart er of such year during which the licence has not been in elf ect." .

Section 39 is amended (

a) by striking out subsection (1) and by substituting the following: "39.

(1) Permits may be granted without com petition to cut for sale timber occurring in areas of adjoining lands isolated from other areas of such timber and not exceeding one hundred and sixty acres or one quarter section, estimated to con tain not more than one hundred and twenty-five thousand feet board measure of spruce, pine, pop lar or other species of timber.". (

b) by striking out subsection (3) and by substituting the following: "

(3) Permits may be granted upon payment of dues and fees, without competition, to cut timber on public lands in such quantities and of such species as the Lieutenant Governor in Council may prescribe by regulation. 4. (3a) The Lieutenant Governor in Council may by regulation restrict the classes of persons to whom permits may be issued pursuant to subsection (3) .".

Section 40 is struck out and the following is sub stituted: "40.

(1) Where a holder of a permit issued pursuant to subsection (3) of

section 39 has not cut all the material authorized to be cut by the permit, the Director may refund the dues for the material not cut. "

(2) No refund of the dues shall be made unless the per mittee U (

a) returns the permit to the Director within three n10nths of its expiration, and

8 " (

b) files an affidavit with the Director setting out the quantity of the material cut.".

Section 44, subsection (1) is amended (

a) by striking out clause (

a) and by substituting the following: H (

a) acquires a homestead lease pursuant to The Public Lands Act,", (

b) by striking out the word "three" and by substitut ing the word !tfour".

Section 45 is struck out and the following is sub stituted: H45.

(1) Any person cutting timber on public lands held by him as a homestead lessee, cultivation lessee or as a purchaser under an agreement for sale, may, in the pre paration of such lands for cultivation, dispose of any forest product upon obtaining a permit and paying the dues pres cribed by the Lieutenant Governor in Council. H (2) 'Vhere cultivation is performed on the lands from which the timber is taken within two years of such cutting, the dues shall be refunded where application is made within three years of the time the pernlit is issued and is supported by an affidavit stating that the lands have been cultivated within the required two years.". 3.2.

Section 46 is amended by striking out subsection (1) and by substituting the following: "46.

(1) Any settler residing on a homestead lease who loses his dwelling or other building by accidental fire not due to his own carelessness may, within a period of one year from the date of such fire, obtain free of dues a permit to cut timber for replacement of the dwelling or building.".

Section 52 is mnended by striking out subsections (1), (2) and (3) and by substituting the following: "52.

(1) The licensee or person authorized by him shall, with respect to every month and in the form prescribed by the Minister, make a return accounting for H (

a) the number of pieces of round timber cut upon the berth held or occupied by him, " (

b) the quantity of timber scaled, where the pieces of round timber are scaled, " (

c) the number of pieces of round timber manufactur ed and the product thereof, and "(

d) the quantity of timber sold and the quantity on hand. "

(2) The return shall "(

a) be filed with and received by the Director not later than the twenty-first day of the next succeeding month,

9 "(

b) be verified by an affidavit of the licensee or the person authorized by him to make the return. u

(3) Dues shall be paid on all timber cut on the berth. " (3a) A person who makes default in complying with clause (

a) of subsection (2) shall pay a penalty of ten dol lars. H (3b) Subsections (1) and (2) do not apply " (

a) where the licensee has not commenced operations on the berth, or " (

b) where the licensee has applied for cancellation of his licence and has no stock on hand either as logs, lumber or other material.".

Section 64 is amended (

a) by adding at the end of subsection (1) the words "and The Industrial Wages Security Act", (

b) as to subsection (2) by adding immediately after the word "Act" the words "or The Industrial Wages Security Act".

Section 65 is amended (

a) by striking out subsection (1) and by substituting the following: "65.

(1) Dues on the timber cut in any month shall be payable to and received by the Minister not later than the twenty-first day of the next suc ceeding month.", (

b) as to subsection (2) by striking out the words "the interest thereon,", (

c) as to subsection (3), clause (

b) by striking out the words ", the interest thereon", (

d) by striking out subsection (5).

Section 67, subsection (4) is amended by striking out clause (

b) and by substituting the following: " (

b) may be recovered by a seizure made by a forest officer and sale in accordance with

section 103.".

Section 103, subsection (1) is amended by striking out the words "When property is seized under this Act," and by substituting the words "When a seizure is made under

section 67, 79 or 87,".

Section 113 is repealed. 39.

Part I and this

section come into force on the day this Act is assented to, and

Part II, except this section, comes into force and

Part I is repealed on the day the Re vised Statutes of Alberta, 1955, come into force.

SECOND SESSION THIRTEENTH LEGISLATURE 4 ELIZABET'H II 1956 BILL

An Act to amend The Forests Act Received and read the First time ......................................... . Second time ....................................... . Third time ...................... . HON. lVIR. WILLMORE Title: 1956 (13th, 2nd) Bill 23,

An Act to amend The Forests Act

Document details

Collection	Alberta — Bills
Citation	L13 S2 6383
Type	bill
Volume / chapter	L13 S2 6383
Language	en
Format	json
Source	PROVINCIAL
Identifier	58ae17d671ff155a4335ffa28b5333b5b6f10832

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