Bill 243 — Fkst Session, 22Nd Legislature, 38 Elizabedi Ii the Legislative Assembly of Alberta Bill 243 Alberta Lands Inysntory and Protectiolllte (Legislature 22, Session 1)

L22 S1 2891

Alberta — Bills

1989 BILL 243 Fkst Session, 22nd Legislature, 38 Elizabedi II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 243 ALBERTA LANDS INySNTORY AND PROTECTIOllLte MR. FOX Fkst Reading Second Reading , Committee of the Whole Thkd Reading Royal Assent

Bill 243 Mr. Fox BILL 243 1989 ALBERTA LANDS INVENTORY AND PROTECTION ACT (Assented to , 1989) HER MAJESTY, by and witii the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: 1 In this Act, (a) "Alberta Land Inventory" means the Alberta Land Inventory estabUshed pursuant to

section 8; (b) "agricultural land" means land designated as such pursuant to

section 8(2)(a); (c) "commission" means the commission established by

section 2; (d) "commission land" means land acquired by the commis sion for the purposes of this Act; (e) "farm use" means an occupation or use of land for bona fide farm purposes, including, without Umiting the generality of the foregoing, husbandry of the land and the plants and animals thereon, and any other simUar activity designated as farm use by the Lieutenant Govemor in Council; (f) "green belt land" means land referred to in

section 7(2)(a); (g) "land" includes any estate or interest in land;

Commission established Appointment of members (h) "land bank land" means land referred to m

section 7(2)(b); (i) "land reserve plan" means a plan prepared pursuant to this Act in the manner prescribed by die regulations, which sets out clearly the areas within a municipaUty or improvement distiict diat, subject to die approval of die Lieutenant Govemor in CouncU, may be designated by die commission as an agricultural land reserve; (j) "Minister" means the Minister of Agriculture; (k) "park land" means land referred to in

section 7(2)(c); (1) "regulation" means a regulation or order of the Lieutenant Govemor m Council made under this Act; (m) "reserve" means a reserve of land established as such pursuant to

section 8; and (n) "vital agricultural land" means land designated as such pursuant to

section 8(2)(b). 2(1) There is hereby estabUshed a commission to be known as the Provincial Land Commission consisting of not less than 5 members appomted by the Lieutenant Govemor in CouncU to hold office during pleasure, and upon thek appointment the members constimte a corporation and shall be the dkectors of k.

(2) Each member shaU be reimbursed for any reasonable traveUing or Uving expenses necessarily incurred by him in the discharge of his duties and may be paid such remuneration for his services as a member of the commission as the Lieutenant Govemor in CouncU may determme providing diat money has been appropriated to that purpose by the Legislature.

(3) Three members of the commission present, constitutes a quomm. 3(1) The Lieutenant Govemor in Council shall designate 1 of the members as chairman and one other member as vice-chairman.

Agent of Crown Staff By-laws

(2) In the absence of the chairman and vice-chakman from a meeting of the commission, the members present may elect an acting chairman for that meeting from amongst them. 4(1) The commission is an agent of the Crown.

(2) The commission may, on behalf of the Crown, carry out its powers and duties under this Act in its own name without specific reference to Her Majesty and may acquke and hold in its own name any land or other real or personal property, and may dispose of, mortgage, hypothecate, pledge or otherwise encumber, or assign any such property. 5(1) The commission may, pursuant to the Public Service Act, appoint such officers and employees as it considers necessary for the purpose of this Act, and may determme thek duties.

(2) The commission may appoint or re-appoint a general manager of the commission, may fix his remuneration and term of appoint ment, and may declare that the Public Service Act applies to him.

(3) The Lieutenant Govemor in Council may declare that the Public Service Management Pension Act appUes to die members of the commission and to the general manager.

(4) The commission may, witii the approval of the Minister, engage and retain such experts, consultants or specialists as k considers advisable and fix thek remuneration.

(5) The appointments provided for in this

section may only be made when money has been appropriated to diat purpose by the Legislature. 6 The commission may make such by-laws and pass such resolutions, not contiary to law or tiiis Act, as it considers necessary or advisable for die conduct of die affaks of die commission and, witiiout lUniting die generaUty of die foregomg, may make by-laws and pass resolutions widi respect to tiie time and place of caUing and holdmg meetings, tiie procedure to be foUowed at die meetings, and generaUy witii respect to die conduct, m all respects, of the affaks of the commission.

objeos ^^j^ jj^ .g ^^ object of tiie commission to (

a) prepare and maintain an inventory of land in Alberta; (

b) preserve agricultural land for farm use; (

c) encourage the estabUshment and maintenance of family farms, and land ki an agricultural land reserve, for a use compatible widi die preservation of family farms and farm use of die land; (

d) preserve green belt land in and around urban areas; (

e) encourage the estabUshment and maintenance of land in a green belt land reserve for a use compatible with die preserva tion of a green belt; (

f) preserve land bank land havmg deskable qualities for urban or industiial development and restrict subdivision or use of the land for other purposes; (

g) encourage the estabUshment and maintenance of land in a land bank reserve for a use compatible with an ultimate use for industrial and urban development; (

h) preserve park land for recreational use; (

i) encourage the estabUshment and maintenance of land in a park land reserve for a use compatible widi an ultimate use of recreation; and (

j) advise and assist municipaUties and improvement districts in die preparation and production of the land reserve plans requked for the purpose of this Act; and, for these objects, it has the power and capacity, by kself, or in co-operation with the Govemment of Canada, or any of its agencies or corporations, or with a department of the Govemment of Alberta or any of its agencies or corporations or with a municipality or improvement district to (

k) purchase or acquke land, except by expropriation, on such terms and conditions as may be negotiated, and hold such land for the purposes of this Act;

(1) dispose of, by sale, lease or otherwise, commission land and Crown land that is in an agricultural land reserve, a green belt land reserve, a land bank land reserve, or a park land reserve, subject to such terms and conditions as die commission may determine; (

m) accept gifts of land subject to such terms and conditions as the commission may determine; and (

n) acquke and hold personal property and dispose of personal property so acquked by sale, lease, or otherwise.

(2) For the purposes of this section, the commission may (

a) purchase or acquke land, except by expropriation, including Crown land, the present condition or future potential of which merits preservation by reason of its aesthetic quality or its location in or around urban areas, as green belt land; (

b) purchase or acquke land, except by expropriation, including Crown land, having deskable quaUties for urban or industrial development or redevelopment, as land bank land; and (

c) purchase or acquke land, except by expropriation, including Crown land having desirable qualities for, or future potential for recreational use, as park land; and upon bemg so purchased or acquked die green beU land, land bank land or park land is established as a green belt land reserve, land bank reserve, or park land reserve as the case may be, and shaU be subject to this Act and the regulations. ^^'Si"'' 8(l)(

a) The commission shall cause to be prepared, and shaU hearings mauitain and update as it deems necessary, an Alberta Land Inventory.

(

b) The Alberta Land Inventory shall constitute a record of aU land in the Province (

i) showing its classification accordmg to the land classifications established by the Canada Land Inventory and also according to the Agro-CUmatic Resource Index estabUshed by the Lands Dkectorate of the Department of the Envkonment of the Govemment of Canada, (

U) recording its area, (Ui) recording its location and legal description, and (iv) recording die total area of land m each classification. (

c) The commission may determine the form of the Inventory.

(2) The commission may, subject to this

section and with the prior approval of the Lieutenant Govemor in CouncU (

a) designate land, including land held by Her Majesty in right of Alberta, that is suitable for farm use, as agricultural land, and upon being so designated die land is established as an agricultural land reserve and shall be subject to this Act; and (

b) in the case of land designated as agricultural land pursuant to clause (a), and deemed by the commission to be of superior and irreplaceable quaUty, designate such land as vital agricultural land, and upon being so designated the land is estabUshed as a vital agricultural land reserve subject to diis Act and the regulations, and shall also be govemed by die provisions of tfiis Act and die regulations relating to agricul tural land reserve except as set out in

section 10(5). (3)(

a) The Minister of Municipal Affaks shall, for every improve ment district, and (

b) The CouncU of every municipaUty shall, by by-law, for that municipality within 1 year after the coming mto force of this Act adopt a land reserve plan prepared m accordance with the regulations and file the by-law and land reserve plan with die commission.

(4) The Mmister of Municipal Affaks or die Council, as the case may be, shaU not issue an order for the purpose of this

section untU he has held a pubUc hearing, notice of which has been given pursuant to

Part 6, Division I of die Planning Act.

(5) The provisions of

Part 6, Division I of die Planning Act, apply widi the necessary changes and so far as are appUcable, to a hearing under subsection (4).

(6) Where the commission considers tiiat die land reserve plan fUed under subsection (3) carries out die intent and purpose of diis Act, it shaU, after approval of die Lieutenant Govemor in Council, designate the agricultural land shown therein as an agricultural land reserve.

(7) Where the commission considers it necessary or advisable to amend die land reserve plan filed under subsection (3) to better carry out the intent and purpose of this Act, it may recommend to the Lieutenant Govemor in CouncU amendments to the land reserve plan, and shaU, after approval by the Lieutenant Govemor in CouncU of the land reserve plan or the land reserve plan as amended, designate the agricultural land therein as an agricultural land reserve.

(8) Where the councU of a municipaUty or the Mmister of Munici pal Affaks in the case of an improvement district, as the case may be, fails or refuses to prepare and file a land reserve plan with the commission in accordance with subsection (3) the commission shaU, subject to subsections (9), (10), and (11), prepare a land reserve plan and submit the land reserve plan to the Lieutenant Govemor in Council for approval.

(9) The commission shaU not submit the land reserve plan prepared under subsection (8) to the Lieutenant Govemor in Council until U has held a pubUc hearing, notice of which has been given in writing to each owner of land that is subject to the reserve plan.

(10) For the purpose of a hearing under subsection (9), (

a) the commission has and may exercise the powers of a Commissioner under the Public Inquiries Act; (

b) the commission may accept oral or written submissions or any other form of evidence.

Exclusion from plan

(11) The Lieutenant Govemor in CouncU may approve a land reserve plan as submitted by the commission under subsection (8), or with such alterations or variations as he may consider necessary or advisable to carry out the mtent and purpose of diis Act, and the commission may thereupon, pursuant to subsection (l)(a), designate the agricultural land shown therein as an agricultural land reserve.

(12) Notwithstanding die other provisions of this section, pending the establishment of an agricultural land reserve in a municipality or improvement district under this section, all land diat is zoned for agricultural or farm use under a by-law of the municipality or knprovement district subsisting immediately prior to the commencement of this Act shaU be deemed to be an agricul tural land reserve and subject to this Act and the regulations, unless excepted by the commission. 9(1) The Lieutenant Govemor in Council, upon the appUcation of a municipality, the Minister of Municipal Affairs or the commission or on his own, may, by order, exclude any land, whether Crown land or private land, from the reserve established under

section 8(2)(a).

(2) Subject to subsection (5), an owner of land aggrieved by a designation by the commission of his land as part of an agricultural land reserve may, notwithstanding that he appeared before, or made representations to, the municipaUty, or to the Minister of Municipal Affaks in respect of an improvement district, or the commission under

section 8(4) or (9), apply to the commission in die manner prescribed by the regulations to have his land excluded from the agricultural land reserve.

(3) The commission, after a hearing held in such manner and after such notice as is prescribed by the regulations, may aUow the application upon such terms and conditions or with such amend ments as it considers advisable, or may refuse the application.

(4) Where land of an owner was, immediately prior to the com mencement of this Act, zoned for agricultural or farm use under a by-law of a municipality or order for an improvement district subsisting on that date, the owner is not entitied to apply to the commission under subsection (2) unless so authorized by a resolution of a municipaUty or by the Minister of Municipal Affairs in the case of an improvement district.

(5) The commission shaU, at the request of die owner, (

a) deliver to hun its decision in writing; and (

b) allow him to examine and make available to him copies of all relevant documents in die custody of die commission pertaining to his application.

(6) A person who is dissatisfied with die decision of the commission, (

a) upon being authorized to appeal by a resolution of the municipality or tiie Minister of Municipal Affaks as the case may be; and (

b) upon being granted leave to appeal by any 2 members of the commission, may appeal, in the manner prescribed in the regulations, to the Lieutenant Govemor in CouncU.

(7) Subject to the procedure prescribed by the regulations, an appeal under this

section shall be a hearing and review, but the Lieutenant Govemor in Council may accept written submissions or any other form of evidence, provided any such submission or any odier form of evidence is made available to the appeUant.

(8) The Lieutenant Govemor in Council may, after a hearing, aUow the appeal subject to such terms and conditions as it may consider advisable, or refuse the appeal and, in the event the appeal is refused, may order that any costs of the hearing be paid by the appeUant and, in the event the appeal is allowed, shall order that the reasonable costs incurred by die appellant be paid by the commission.

(9) The commission is entitied to be a party to the hearing of the appeal and may take

part in die proceedings.

(10) Where land is excluded from a land reserve plan by order of the commission or the Lieutenant Govemor in Council under diis section, the commission shall amend the land reserve plan accord ingly and notify the municipality or the Minister of Municipal Affairs as the case may be, and the Regiskar of Tities.

re^rle"""^"^ 10(1) No pcrsou shall occupy or use agricultural land designated as an agricultural land reserve or vital agricultural land, pursuant to

section 8 for any purpose odier than farm use, except as permitted by this Act or the regulations or by order of the commission upon such terms and conditions as the commission may impose.

(2) In addition to the exceptions, reservations, or limitations set out in the Land Titles Act, a certificate of titie previously issued under that Act m respect of agricultural land that is designated as an agricultural land reserve shaU be subject, by impUcation and witiiout special endorsement on the certificate of titie, to this Act and the regulations respecting die reserve and farm use of the land contained in it, and the Regiskar of Titles shall note on every certificate of titie of agricultural land after the commencement of this Act, that relates to land that is designated as an agricultural land reserve an endorsement that the certificate of titie may be affected by this Act.

(3) Notwithstandmg subsection (2), the commission may, in respect of any agricultural land that is an agricultural land reserve, register a caveat in the appropriate Land Tities Office restiicting die agricultural land described therein to farm use.

(4) From die date of commencement of this Act except as permit ted by this Act, or the regulations, or by an order of the commission upon such terms and conditions as the commission may impose, no municipality, or person may use or be authorized to use agricultural land in an agricultural land reserve for a purpose other than farm use, or be audiorized or permitted to erect a building on it except for (

a) farm use; (

b) residences necessary for farm use; or (

c) such residences for an owner or occupier of the agricul tural land as may be permitted to be erected by the regulations.

(5) Notwithstanding any other provision of this Act, no land may be withdrawn from a vital agricultural land reserve except by authority of

an Act of the Legislature specificaUy designating the land to be so withdrawn. 10

Exemptions 11(1)

Section 10 does not apply in respect of agricultural land in an agricultural land reserve that, on the commencement of this Act was, by separate certificate of title described as being 2 acres or less in area.

(2) Where a use of agricultural land that is within an agricultural land reserve (

a) is a use other than farm use; and (

b) was estabUshed and carried on continuously for a period of at least 6 months immediately prior to the commencement of this Act; and (

c) is permitted by, or is not in contravention of, any other Act, regulation, by-law, order or any odier law respectmg land use, that agricultural land is exempted from

section 10 unless and untU (

d) the use of that agricultural land is changed to a use other than farm use without the permission of the commission; or (

e) any other Act, regulation, by-law, order, or any otiier law made after the commencement of this Act, prohibits such use; or (0 permission or any other use granted under any other Act, regulation, by-law, or order is withdrawn or expkes.

(3) Where agricultural land, exempted under subsection (2), is sold, leased, transferred, transmitted or otherwise disposed of, diis Act and die regulations apply to diat land, except as odierwise permitted by the commission.

(4) The commission may, in accordance with die regulations, hear and determine appUcations for permission under subsections (2) and (3), and under

section 10(1) and (4) and may grant or refuse permission for a use of tiie land for odier dian farm use, and may impose whatever terms and conditions it considers advisable, and except as provided in subsection (6), die decision of die commission is final and no appeal lies from diat decision. 11

Use or disposal ofland

(5) Where land of an owner was, immediately prior to the com mencement of this Act, zoned for agricultural or farm use under a by-law of a municipality or order of the Minister of Municipal Affairs subsistmg on that date, the owner is not entitied to apply to the commission for permission for any other use under

section 10 or 11, unless so authorized by a resolution of a municipality or the Minister of Municipal Affaks as the case may be.

(6) An owner of land aggrieved (

a) by an order or decision of the commission refusing permission under

section 10(1) or (4) or under this section, or (

b) by the terms and conditions imposed by the commission in an order made under

section 10(1) or (4), or a permission granted under this section, may appeal, on a question of law or excess of jurisdiction only, to the Court of Queen's Bench, which may confirm, vacate or vary the order, terms or conditions. 12 With respect to agricultural land designated as an agricultural land reserve, the commission may (

a) make arrangements with the owners of agricultural land respecting continued farm use of the agricultural land upon such terms and conditions as may be agreed; (

b) carry on farming operations on commission land or agree with other persons to do so; (

c) withdraw from an agricultural land reserve agricultural land owned by die commission and, with the prior approval of the Lieutenant Govemor in CouncU, dispose of such land to the Crown for re-sale; and (

d) dispose of agricultural land owned by the commission, widi the prior approval of the Lieutenant Govemor in Council, to private ownership for permanent farm use, subject to the terms and conditions as the commission may determine. 12

STs™"!^ 13 The commission may make, place, or constmct on or bring onto, or cause to be made, placed or constmcted on or brought onto, any commission land such capital improvements as it considers necessary or deskable for the efficient development or use of the commission land or other land in the vicinity, and pay for or purchase any capital improvements made, placed or consti-ucted on or brought onto any commission land by any person.

Lesion land 1^ Whcre commlsslou lantis arc unoccuplcd or a Icasc of commis- sion land does not provide for the payment of tax by the lessee, the commission may pay a grant in lieu of taxes. '''"' 15 The commission may establish, with the approval of the Lieutenant Govemor in Council, a

schedule of fees to be paid to the commission for the preparation of leases and other documents, for appraisals and evaluations of land, and for copies of documents of the commission. Injurious affection Agreement Report 16 Land shall be deemed not to be taken or injuriously affected by reason only of die designation by the commission of that land as an agricultural land reserve. 17 For die purpose of tiiis Act, the Minister may, subject to the approval of the Lieutenant Govemor in Council, enter into such agreements as the Minister considers advisable with (

a) the Govemment of Canada; (

b) a municipality; (

c) an agent of the Crown; or (

d) any other department of Govemment. 18(1) The commission shaU submit annuaUy to die Minister widiin 90 days after the end of its fiscal year, (

a) a report respecting the operations of die commission for the immediately preceding fiscal year, and (

b) a financial statement showing die business of the commission for that fiscal year, in such form as may be required by die Auditor General. 13

Regulations

(2) The Minister shall table die report and the statement in die Legislative Assembly when it is received by him if the Legislative Assembly in then sitting, and if not, widiin 15 days of the com mencement of the next sitting. 19 For the purpose of carrying out the provisions of diis Act according to thek intent, the Lieutenant Govemor in CouncU may make such regulations and orders as are ancillary to diem and not inconsistent with them and, without restricting the generaUty of the foregoing, the Lieutenant Govemor in CouncU may make regulations (

a) respecting land reserve plans for, and the designation, estabUshment and approval of, agricultural land reserves, and the definition of farm use; (

b) respecting applications to the commission for permission under

section 10 and

section 11, and the practice and procedure for hearing the application, and for applications, hearings and appeals under sections 8 and 9; (

c) respecting residences for owners under

section 10(4); (

d) respecting the appraisal of land and the acquisition, by purchase or lease, of land; (

e) respecting appUcations for sale or lease of commission land or personal property, or Crown land that is in a reserve, and the terms and conditions of sale or lease; (

f) respecting die management and control of commission land; (

g) prescribing die mediod of determming die eUgibiUty of applicants to lease or purchase commission land; (

h) prescribmg the interest payable in respect of purchases from the commission or arrears of rents; (

i) providing for varying, waiving, postponing, or reschedul ing of interest or rent or the payment of interest or rent; and (

j) respectmg any odier matter requked for carrying out the purpose of this Act. 14

I'STsS'l^' 20(1) This Act is subject to die Clean Air Act, die Clean Water Act and die Larui Surface Conservation and Reclamation Act, but otherwise except as provided in this Act or in the regulations, diis Act and the regulations are not subject to any odier Act or regula tion, and no Minister, department or Govemment or agent of the Crown shall exercise any power granted under any other Act or regulation except in accordance with this Act and the regulations.

(2) The commission, as agent of the Crown, shall administer as commission land all Crown land that is established as reserve land and may seU, lease, or otherwise dispose of any portion of such land in accordance with this Act upon such terms and conditions as the commission may determine.

(3) Notwithstanding subsection (1), where Crown land that is estabUshed as an agricultural land reserve under

section 8 has been leased by the Crown or sold by agreement for sale by the Crown and not transferred to die purchaser before the commencement of this Act, and on that date was being used for a purpose other than farm use, and as permitted by, or not in contravention of, the terms and conditions of the lease or agreement for sale, diat use may continue until the termination of die lease or the issue of titie to the purchaser under the agreement for sale.

(4) Subject to subsection (5), nodiing in this Act or die regulations affects or mnpairs the validity of a by-law of a municipality or regional order respecting an improvement relating to the use of agricultural land in an agricultural land reserve except insofar as the by-law or order is contrary to, or is in conflict with, inconsistent widi or repugnant to, this Act, or the regulations, or an order of the commission, and in case of any conflict, inconsistency or repug nancy between the by-law and diis Act, or the regulations, or order of the commission, this Act or the regulations or die order of the commission prevails.

(5) A by-law or regulation of a municipality or regional disti-ict, or any provision thereof, diat is, in any manner, in conflict with, inconsistent with or repugnant to this Act, the regulations or orders of the commission, is suspended and of no effect to die extent of such confUct, inconsistency or repugnancy. 15

(6) A by-law or regulation of a municipality or regional district that provides for further or additional restrictions or conditions respecting farm use of agricultural land than those provided by this Act and the regulations is not, for that reason alone in conflict with, inconsistent with or repugnant to this Act and the regulations.

(7) Subject to subsection (8), the Companies Act does not apply to the commission.

(8) The Lieutenant Govemor in Council may, by order, declare that any of the provisions of the Companies Act apply to the commis sion, and those provisions shall thereupon apply to die commission. Transfer of funds 21 For the purposes of this Act and the establishment of an agricultural land reserve under

section 8, the Provincial Treasurer shall, from time to time as requked by the commission, transfer funds to the commission from such money as is appropriated by the Legislature to that purpose. Coming into force 22 This Act comes into force on Proclamation. 16 Title: 1989 (22nd, 1st) Bill 243, Alberta Lands Inventory and Protection Act

Document details

Collection	Alberta — Bills
Citation	L22 S1 2891
Type	bill
Volume / chapter	L22 S1 2891
Language	en
Format	json
Source	PROVINCIAL
Identifier	655a1ea7605cbf1ad0d8369cb1281dd0ab7cb5ba

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