Bill 7 — Fourth Session, 18Th Legislature, 27 Elizabeth Ii the Legislative Assembly of Alberfa Bill 7 the Surface Rights Amendment Act. 1978. (Legislature 18, Session 4)

L18 S4 4317

Alberta — Bills

1978 BILL 7 Fourth Session, 18th Legislature, 27 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERFA BILL 7 THE SURFACE RIGHTS AMENDMENT ACT. 1978. MR. BUTLER First Reading ............................................ . Second Reading .......................................... . Committee of the Whole .................................. . Third Reading ............. ' .............................. . Royal Assent ............................................ . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 7 Mr. Butler BILL 7 1978 THE SURFACE RIGHTS AMENDMENT ACT, 1978 (Assented to ,1978) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Sur/ace Rights Act is amended by this Act. 2

Section 3(2) is repealed and the/allowing is substituted:

(2) The Board shall consist of such number of members as may be appointed to it by the Lieutenant Governor in Council. 3(

J) Section 36 is amended (

a) in subsection (5) by striking out "if the notice is given during the last three months of the fifth year of the term of the compensation order", (

b) in subsection (6) by adding the/allowing after clause (b): (

c) may not be given during the first 4 years of the term of the compensation order. (

c) in subsection (7) by striking out "fifth year" and substitut ing "year of the term in which the notice is given" , (

d) in subsection (9) by striking out "but not later than the end of the three-month period following the expiration of the fifth year of the term of the compensation order" , (

e) in subsection (J2) by striking out "fifth year" and substi tuting "year of the term in which the notice under subsec tion (5) was given", (

f) by repealing subsection (J4) and substituting the/allowing:

(14) Further notices may be given under subsection (5) except that a further notice may not be given under that .subs~ction during !he 4-year period following the year In WhICh the last notIce was given. 1

Explanatory Notes This Bill will amend

chapter 91 of the Statutes of Alberta, 1972. 2

Section 3 (2) presently reads: 3(2) The Board shall consist of not more than seven members who shall be appointed by the Lieutenant Governor in Council. 3

Section 36 deals with the review every 5 years of right of entry compensation orders of the Surface Rights Board. At present the notice to commence the review procedure must be given during the last 3 months of the 5th year of the term of the compensation order. If negotiations between the parties fail, the application to the Board must be made during the first 3 months of the 5th year of the term of the compensation order. The same time limits apply to every 5-year review thereafter.

The effect of the amendments to get rid of both 3-month limitations and instead allow the review procedure to be commenced by a notice given in the 5th or any succeeding year of the term. In any case, a new rate of compensation is to be effective commencing in the year following the year in which the notice is given. The same rule will apply to subsequent reviews of compensation. 1

(2) A person who, before the commencement of this Act, jailed to give a notice under

section 36(5) of The Surface Rights Act within the time prescribed by that subsection is not precluded from giving a notice under that subsection after the commencement of this Act. 4(

J) Section 37 is amended (

a) in subsection (3) by striking out "if the notice is given during the last three months of the fifth year of the term of the surface lease" (

b) in subsection (4) by adding thefollowing after clause (b): (

c) may not be given during the first 4 years of the term of the surface lease. (

c) in subsection (5) by striking out "fifth year" and substitut ing "year of the term in which the notice is given" (

d) in subsection (7) by striking out "but not later than the end of the three-month period following the expiration of the fifth year of the term of the surface lease", (

e) in subsection (JO) by striking out "fifth year" and substi tuting "year of the term in which the notice under subsec tion (3) was given", (

j) by repealing subsection (J3) and substituting thefollowing:

(13) Further notices may be given under subsection (3) except that a further notice may not be given under that subsection during the 4-year period following the year in which the last notice was given.

(2) A person who, before the commencement of this Act, failed to give a notice under

section 37(3) of The Surface Rights Act within the time prescribed by that subsection is not precluded from giving a notice under that subsection after the commencement of this Act. 5 Form B in the

Schedule is repealed and Form B in the

Schedule to this Act is substituted. 6 This Act comes into force on the day upon which it is assented to. 2

Section 37 deals with the review every 5 years of the periodic rentals under private surface leases or easements for mineral opera tions, pipelines, power lines and telephone lines. The

section contains time limits similar to those in

section 36. The amendments to

section 37 are the equivalent of those being made by this Bill to

section 36. 5 Replaces Form B. See the

Schedule to this Bill. 2

SCHEDULE FORMB THE SURFACE RIGHTS ACT (Section 18) NOTICE Re: (land description) Between: .......................................... Applicant, - and- ...................................... Respondent (

s) TAKE NOTICE that an application in the form attached hereto has been made to the Surface Rights Board pursuant to The Surface Rights Act for a right of entry order with respect to the above land~ AND FURTHER TAKE NOTICE that the Board may issue the order applied for after " ......... *clear days from the date of service of this Notice and without any further notice to you~ AND FURTHER TAKE NOTICE that if you wish to object to the issue of the right of entry order you may do so in person or in writing to the Board at: {address of the Board} Dated at ........ , Alberta, this ........ day of ........ , 19 .... . ....................................... . Name and address of Applicant 3

TO: (Name and address of Respondent). (*NOTE: As to the appropriate number of days, see

section 18 (1) of the Act.) 4 Title: 1978 (18th, 4th) Bill 7, The Surface Rights Amendment Act, 1978

Document details

Collection	Alberta — Bills
Citation	L18 S4 4317
Type	bill
Volume / chapter	L18 S4 4317
Language	en
Format	json
Source	PROVINCIAL
Identifier	61d58fe2d36c3fcd3598ee762cea5b2c5c06a62a

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