Bill 70 — A Bill To Amend the Department of Lands and Forests Act (Legislature 13, Session 3)

L13 S3 6306

Alberta — Bills

No. 70 3rd Session, 13th Legislature, Albe1'ta 5 Elizabeth II, 1957 BILL 70 A Bill to amend The Department of Lands and Forests Act HON. MR. WILLMORE EDMONTON,ALBERTA Printed by A. SHNITKA, Printer to the Queen's Most Excellent Majesty, 1957

Explanatory Note 2. This amendment will authorize the establishment of divisions within the Department as well as branches in accordance with the recommendations of the Stevenson-Kellogg report of several years ago.

Section 5 now reads: "~So The Lieutenant Governor in Council may "(

a) for the purposes of administration create within the Depart ment any braIlches thereof, "(

b) prescribe the duties and functions of any such branch, and "(

c) assign to a branch the particular administration of

an Act of which the Minister has the general responsibility of administra tion." 3. Clauses (

a) and (

b) of subsection (1) of

section 7 read: "7.

(1) The Lieutenant Governor in Council may "(

a) appoint an official as the Chief Officer of any branch created pursuant to this Act, and "(

b) confer upon such official such of tbe powers of a Deputy Min ister relating to the administration of any such Act as may be specified by order in council." This amendment results from the amendment made by clause 2 of this Bill. 4. The Registration of Assignments of Crown Lands Act was repealed in 1953 by

chapter 75 of that year and registration pro visions placed in The Mines and Minerals Act. This clause will permit registration of assignments of interest in the Crown lands administered by the Minister of Lands and Forests in much the same manner as presently provided in the case of Crown minerals.

BILL No. 70 of 1957

An Act to amend The Department of Lands and Forests Act (Assented to , 1957) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Depa1'tment of Lands and Forests Act, being

chapter 172 of the Revised Statutes of Alberta, 1955, is hereby amended.

Section 5 is struck out and the following

section substituted: "5. The Lieutenant Governor in Council may, for the purposes of administration, create within the Department divisions and branches and may from time to time "(

a) prescribe the duties and functions of the divisions and branches, and " (

b) assign to a division or branch the administration of any Act that the Department administers.".

Section 7, subsection (1) is amended by striking out clauses (

a) and (

b) and by substituting the following: " (

a) appoint the chief officers of the divisions and branches created pursuant to this Act, and " (

b) confer upon any such officer such of the powers of a Deputy Minister relating to the administra tion of any such Act as may be specified by order in counciL". 4. The following new sections are added immediately after

section 12: "13.

(1) Where a disposition of an interest in Crown land, other than mines or minerals, is made pursuant to any Act administered by the Department or pursuant to any regulation made under the authority of any such Act, if an assignment of the interest is not prohi?ited. ~y t~e Act or regulations pursuant to which th.e dISposI~I~n IS made, the assignment may be registered wIth the MInIster. "

(2) The Minister shall cause to be kept in the Depart ment books for the registering of assignments.

2 "

(3) The Minister may refuse to register an assign ment unless "(

a) the assignment is unconditional , "(

b) all of the persor:s to whom the disposition was made are the assIgnors under the assignment " (

c) the execution of the assignment is proved to' the satisfaction of the Minister, and " (

d) the assignment is in a form satisfactory to the Minister. "14.

(1) Notwithstanding anything contained in an assignment, but subject to this section, the interest of an assignor in the Crown land absolutely ceases and deter mines upon registration of the assignment under

section 13. "

(2) An assignor may assign to himself and another or others and upon registration of the assignment is en titled to the interest that the assignment purports to convey to him to the same extent as if he were not the assignor. "

(3) Where two or more persons make an assignment, they may assign to one or more of them and, upon regis tration of the assignment, the assignees are entitled to the interest that the assignment purports to convey to him or them to the same extent as if he or they were not assignors. "15. Where

an Act or regulation prohibits an assign ment except with the consent of the Minister, the consent of the Minister shall be deemed to be given by the regis tration under

section 13 of the assignment. "16. The original copy of an assignment shall be re tained by the Department and shall be endorsed with a memorandum showing the date of its registration. "17. The date of registration endorsed upon the original copy of the assignment retained by the Department is conclusive proof of the date of registration. under .secti~n 13 and an assignment registered under

sectIOn 13 IS valId ag~inst and takes priority over any unregistered assign ment. "18. The Lieutenant Governor in Council may from time to time prescribe fees for registrations or assign ments under

section 13.". 5. This Act comes into force on the day upon which the Revised Statutes of Alberta, 1955, come into force.

THIRD SESSION THIRTEENTH LEGISLATURE 5 ELIZABETH II 1957 BILL

An Act to amend The Department of Lands and Forests Act Received and read the First time ............ . Second time ........................ . Third time. HON. MR. WILLMORE Title: 1957 (13th, 3rd) Bill 70,

An Act to amend The Department of Lands and Forests Act

Document details

Collection	Alberta — Bills
Citation	L13 S3 6306
Type	bill
Volume / chapter	L13 S3 6306
Language	en
Format	json
Source	PROVINCIAL
Identifier	8b77fd2901d0aa91d637c6b5c50983bd14a3a89a

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