Bill 88 (Legislature 11, Session 1)

L11 S1 7210

Alberta — Bills

Bill No. 88 of 1949. A BILL TO PROHIBIT EMPLOYEES IN THE PUBLIC SERVICE FROM DEALING IN CROWN LANDS. NOTE. This Bill enacts a new Act to be known as "The Prohibition of Dealing in Crown Lands Act". Similar provisions to those contained in this Bill are found in sections 84 and 85 of The Provincial Lands Act. Due to the division of the Department of Lands and Mines into two new Departments and to the transfer of the admin istration .of special areas to the Department of Municipal Affairs these provisions are now applicable to Crown lands administered by three different Departments. Rather than re-enacting these provisions in

an Act administered by each of the three Departments it appeared expedient to have one new Act dealing with this subject.

Section 3 of the Bill contains the most important prohibi tions. Subsection (1) provides that no employee of the Government either directly or indirectly may be a bidder for Crown lands or may acquire any right, title or interest in any Crown lands. An employee .of the Provincial Govern ment is also prohibited from being a shareholder or director of any company which has an interest in Crown lands unless the shares of the company are regularly quoted and dealt in on a recognized stock exchange.

Employees are also pro hibited from taking or receiving any fee for negotiating or transacting any business connected with their official duties. The penalty for violation of these provisions is a fine of not more than five hundred dollars and costs and in default of payment tD imprisonment for not more than three months and

summary dismissal on the order of the employ ee's Minister. An interest in Crown lands acquired in con travention of this

section is absolutely null and void.

Section 4 prohibits any employee having access to the records of a Department from disclosing any information contained in those records or which he acquires during the course of his duties.

Section 5 provides that an employee shall not be required to attend and give evidence in court or produce documents except upon the order of a court or judge. If a member of t~e Executive Council certifies that in his opinion it is not In the public interest to disclose such information or that it cannot be disclosed without prejudice to the interests of persons not concerned in the litigation the employee is

ii prohibited from disclosing and cannot be compelled to dis close information obtained by him in his official capacity and all such information is privileged.

Section 6 prohibits any action for damages against an employee for anythtng done when acting in the discharge of his duties as employee. KENNETH A. McKENZIE, Acting Legislative Counsel. (This note does not fOl"rn any paTt of the Bill but is offered in explanation of its provisions.)

BILL No. 88 of 1949.

An Act to Prohibit Employees in the Public Service from Dealing in Crown Lands. (Assented to , 1949.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta enacts as follows: SH ORT TITLE. 1. This Act may be cited as "The Prohibition of Dealing in Crown Lands Act".

INTERPRETATION. 2. In this Act, unless the context otherwise requires,- (a) "employee" means a person empl.oyed by the Govern ment or by the Legislative Assembly of the Province whether his employment is permanent or tempor ary; (b) "Minister" includes every member of the Executive Council. (c) "Crown lands" means all lands, mines and minerals belonging to the Crown in the right of the Province, and includes all public lands within the meaning of The Public Lands Act. GENERAL PROVISIONS. 3.-

(1) Save and except only in S.o far as an employee may be specifically authorized so to do by the Lieutenant Governor in CounciI,- (a,) no employee either directly or indirectly or in his own name or through any other person or in the name of any person in trust for himself shall be a bidder at any sale of Crown lands or acquire any right, title or interest in any Crown lands; (

b) no employee shall be a shareholder .or director of any corporation or company which has any interest in Crown lands, nor shall any employee directly or indirectly have an interest in shares of any c.ompany which has any interest in Crown lands either in his own name or through any other person, or in the name of any person in trust for himself unless the

(c) 2 shares of the company are regularly quoted and dealt in on a recognized stock exchange; no employee shall take or receive any fee or emolu ment for negotiating or transacting any business c.onnected with his official duties.

(2) Every empl.oyee who wilfully contravenes any of the provisions of this

section shall be guilty of an offence and liable on

summary convicti.on t.o a fine of not more than five hundred dollars and costs, and in default of payment, to a term of imprisonment f.or not more than three m.onths, and to

summary dismissal on the order of his Minister.

(3) Any interest in Crown lands acquired in contraven tion .of this

section shall be absolutely null and void for all purposes. 4.-

(1) No employee or other person having access to the records of a Department shall disclose to any person, except with the authority of his Minister, any discovery made by him or by any other employee, or disclose any information of which he is possessed or which is contained in any records in relation to Crown lands.

(2) Any employee who violates this

section shaH be liable to

summary dismissal on the order of his Minister.

(3) The dismissal of an employee under this

section shall not prejudice any criminal proceedings that may be institut ed against him and shall not affect the right which any person may have to bring any civil action against him. 5.-

(1) A subpoena shall not issue out of any court, re quiring the attendance of an employee or the production of any document of a Department in the official custody or posses..l:lion of an employee with.out an order of the court or a judge thereof.

(2) An employee shall not disclose or be c.ompelled to disclose any information obtained by him in his official capacity if a member of the Executive Council certifies that in his opinion it is not in the public interest to disclose such inform~tion or that it cannot be disclosed without prejudice to the Interests of persons not concerned in the litigation, and all such information shall be privileged . . 6. No action for damages shall.lie against any employee 111 respect to any act, matter or thIng done or omitted to be done by the employee when acting in the discharge of his duties as an empl.oyee. 7. This Act shall come into force on the first day of April 1949. '

No. 88 FIRST SESSION ELEVENTH LEGISLATURE 13 GEORGE VI 1949 BILL

An Act to Prohibit Employees in the Public Service from Dealing in Crown Lands. Recei ved and read the First time ................... . Second time .................................... . Third time ..... . HON. MR. TANNER. Title: 1949 (11th, 1st) Bill 88,

An Act to Prohibit Employees in the Public Service from Dealing in Crown Lands

Document details

Collection	Alberta — Bills
Citation	L11 S1 7210
Type	bill
Volume / chapter	L11 S1 7210
Language	en
Format	json
Source	PROVINCIAL
Identifier	871ae19305e2521c595e7d7a29e0b04634b46355

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