Bill 58 (Legislature 14, Session 1)

L14 S1 5948

Alberta — Bills

No. 58 1st Session, 14th Legislature, Alberta 8 Elizabeth II BILL 58 A Bill to amend The Prohibition Against Dealing in Crown Lands Act HON. MR. MANNING Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, lv60

Explanatory Note

Section 3 is derived from

section 84 of the old Provincial Lands Act (R.S.A. 1942, c. 62) as enacted in 1939',

chapter 10,

section 81 and re-enacted in 1.949 upon the repeal of the Provincial Lands Act. The amendm~.u.t would permit the making of regulations authorizing dealings in Crown lands by civil servants as other classes of the public where desirable, e.g. upon the leasing of lots for summer cottages. It now requires an Order in Council in each specific instance. Subsection (1) reads as follows: "S. (1) Unless specifical1y authorized by the Lieutenant Governor in Council, (

a) no employee (

i) shall be a bidder at a sale of Crown lands, or (ii) shall acquire a right, title or interest in Crown lands, either directly or indirectly, in his own name or through another person or in the name of a person in trust for himself, (

b) no employee shall (

i) be a shareholder or director of a corporation or company that has an interest in Crown lands, or (ii) have directly or indirectly an interest in shares o·f a company that has an interest in Crown lands in his own name or through anotl}er person or in the name of a person in trust for himself, unless the shares of the company are regularly quoted and dealt in on a recognized stock exchange, and (

c) no employee shall take or receive a fee or emolument for negotiating or transacting any business connected with his official duties.".

Section 5 relates to a matter within the purview of the law of privileged matter in evidence and is misplaced in this Act relating to Crown lands. It reads as follows: "6.

(1) A subpoena shall not issue out of a court requiring (

a) the attendance of an employee, or (

b) the production of a document of a Department in the official custody or possession of an employee, without an order of the court or a judge thereof. (2\) An employee shall not disclose or be compelled to disclose info~ mation obtained by him in his official capacity if a member of tho Executive Council certifies that in his opinion (

a) it is not in the public interest to disclose such information, or (

b) the information cannot be disclosed without prejudice to the interests of persons not concerned in the litigation.

(3) The information certified under subsection (2) is privileged.".

Section 6 is out of place in this Act. It reads as follows: "6. No action for damages lies against an employee in respect of

an act, matter or thing done or omitted to be done by that employee when acting in the discharge of his duties as an employee.".

BILL No. 58 of 1960

An Act to amend The Prohibition Against Dealing in Crown Lands Act (Assented to , 1960) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Prohibition Against Dealing in Crown Lands Act, being

chapter 244 of the Revised Statutes, is hereby amended.

Section 3, subsection (1) is amended by striking out the words "specifically authorized" and by substituting the words "authorized by general regulations or particular orders made". 3. Sections 5 and 6 are repealed. 4. This Act comes into force on the day upon which it is assented to.

No. 58 FIRs'r SESSION FOURTEENTH LEGISLA lURE 8 ELIZABETH II 1960 BILL

An Act to amend The Prohibition Against Dealing in Crown Lands Act Received and read the First time ........... . Second time ..... Third time ....... . HON. MR. MANNING Title: 1960 (14th, 1st) Bill 58,

An Act to amend The Prohibition Against Dealing in Crown Lands Act

Document details

Collection	Alberta — Bills
Citation	L14 S1 5948
Type	bill
Volume / chapter	L14 S1 5948
Language	en
Format	json
Source	PROVINCIAL
Identifier	58c8a7e234d1226faff435d412b632241f49915b

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