Bill 204 — Fourth Session, 24Th Legislature, 49 Elizabeth Ii the Legislative Assembly of Alberta Bill 204 Agricultural and Recreational Land Ownership Amendment Act, 2000 (Legislature 24, Session 4)

L24 S4 852

Alberta — Bills

2000 BILL 204 Fourth Session, 24th Legislature, 49 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 204 AGRICULTURAL AND RECREATIONAL LAND OWNERSHIP AMENDMENT ACT, 2000 mr. McFarland First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 2000 (24th, 4th) Bill 204, Agricultural and Recreational Land Ownership Amendment Act, 2000

Bill 204 Mr. McFarland BILL 204 2000 AGRICULTURAL AND RECREATIONAL LAND OWNERSHIP AMENDMENT ACT, 2000 (Assented to , 2000) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 1980 cA-9 1 The A gricultural and R ecreational Land O w nership A ct is amended by this Act. 2

Section 1 is repealed and the following is substituted:

Definitions 1 In this Act, (a) “controlled land” means land in Alberta but does not include (

i) land of the Crown in right of Alberta, (ii) land within the boundaries of a city, town, village or summer village, and (iii) mines and minerals; (

b) corporation” includes a co-operative association under the Co-operative Associations Act; (c) "cultivated land” means land in Alberta that has been cleared, improved and prepared to raise agricultural crops or livestock, and includes pastures, improved range and privately owned residential land that produces turf and ornamental plantings; 1

Explanatory Notes 1 Amends

chapter A-9 of the Revised Statutes of Alberta, 1980. 2

Section 1 presently reads: 1 In this Act, (a) "controlled land" means land in Alberta but does not include (

i) land of the Crown in right of Alberta, (ii) land within the boundaries of a city, town, village or summer village, and (iii) mines and minerals; (b) "parcel” means an area of land the boundaries of which are (

i) shown on a plan registered or filed in a land titles office, or (ii) described in the certificate of title to the land, and that has not been divided into smaller areas by an instrument or plan registered or filed in a land titles office, 1 Explanatory N otes

(d) “hold”, in relation to land, includes the right to use, possess or occupy land, but does not include land or an interest in land acquired by a bank, trust company or other financial institution in the ordinary course of its business by way of security for a debt or other obligation; (e) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (f) “municipal district” means a municipal district under the Municipal Government Act; (g) “parcel” means an area of land the boundaries of which are (

i) shown on a plan registered or filed in a land titles office, or (ii) described in the certificate of title to the land, and that has not been divided into smaller areas by an instrument or plan registered or filed in a land titles office, other than a registered road plan or right of way plan, or by a natural boundary shown on a plan registered in a land titles office; (h) “person” means a person as defined in the

Interpretation Act and includes a partnership, an unincorporated association and an unincorporated organization; (i) “share” means, (

i) in relation to a co-operative association, a unit representing a proportion of the ownership of the association; (ii) in relation to a corporation, an issued voting share, and includes (

A) a security currently convertible into a voting share, and (

B) an option or rights to acquire a voting share. 2

other than a registered road plan or right of way plan, or by a natural boundary shown on a plan registered in a land titles office. 2 Explanatory N otes

3 The following heading is added before

section 2:

PART 1 CONTROLLED LAND 4 The following is added after

section 5:

PART 2 CULTIVATED LAND Application of

Part 6 This Part does not apply in respect of the following: (

a) the succession by any person to an interest in cultivated land arising out of the death of a person; (

b) the taking or acquisition of an interest in cultivated land by a person as the executor or administrator of the estate of a deceased person. Maximum cultivated land holdings permitted 7 N o person shall hold more than 15% of the total amount of cultivated land in a municipal district. Calculation of cultivated land holdings 8 For the purposes of

section 7, (

a) cultivated land held by an individual includes (

i) cultivated land held by the individual’s minor children, and (ii) the relevant amount of cultivated land held by a corporation in which the individual, or any of the individual’s minor children, holds more than 5% of the shares; (

b) cultivated land held by a corporation includes (

i) the relevant amount of cultivated land held by an individual and any of the individual’s minor children who hold more than 5% of the shares in the corporation, and 3

3 Part and heading added. 4 Cultivated land. 3 Explanatory N otes

(ii) the relevant amount of cultivated land held by any other corporation that holds more than 5% of the shares in the corporation. Share in corporation 9 For the purposes of

section 8, a person holds a share in a corporation if (

a) the person owns the share, (

b) in the case of a share held in trust, the person is the beneficiary of the trust, or (

c) the person, not being the owner of the share, controls any rights attached to the share through a contract or other arrangement. Relevant amount of cultivated land holdings 10(1) Any person who holds shares in a corporation is deemed to have an interest in cultivated land to the extent of the relevant amount of cultivated land as determined under subsection (2).

(2) For the purposes of

section 8, the relevant amount of cultivated land is determined by multiplying the total cultivated land held by a corporation by the proportion that the number of shares in the corporation held by a person bears to the total number of shares in the corporation. Leases, trusts, tenants in common and joint tenants 11 For the purposes of calculating the cultivated land holdings of a person, (

a) cultivated land under lease to another person is deemed to be held by both the lessor and lessee; (

b) cultivated land held on trust is deemed to be held by both the trustee and beneficiary; (

c) where cultivated land is held by tenants in common, the cultivated land attributed to each tenant in common is equal to the proportion of each tenant’s interest in the land; (

d) where cultivated land is held by joint tenants, the cultivated land attributed to each joint tenant is 4

4 Explanatory N otes

deemed to be equal to the proportion of each tenant’s interest in the land as if the land were held by tenants in common. Existing cultivated land holdings 12(1) Where a person holds on December 31, 2000, cultivated land in excess of the limit set out in

section 7, the person shall before June 1, 2002 (

a) submit a landholding disclosure statement to the Minister in the form prescribed in the regulations, and (

b) apply for a permit under this section.

(2) On application for a permit under subsection (1), the Minister may issue a permit authorizing the person to hold cultivated land in excess of the limit set out in

section 7, subject to the divestiture

schedule described in subsection (3).

(3) A permit issued under subsection (2) must include a divestiture

schedule that requires the divestiture of that amount of cultivated land in excess of the limit set out in

section 7 as follows: (

a) at least 50% of the excess cultivated land must be divested within 5 years from the date the permit was issued; (

b) at least 80% of the excess cultivated land must be divested within 7 years from the date the permit was issued; (

c) the person shall comply with the limit set out in

section 7 within 9 years from the date the permit was issued. Order by Minister 13(1) N otwithstanding anything in this Act, if the Minister has reasonable and probable grounds to believe that any person has contravened

section 7, the Minister may issue an order requiring the person to comply with the limit set out in

section 7.

(2) If a person fails to comply with an order of the Minister under subsection (1), the Minister may apply to a judge of the Court of Queen's Bench by way of originating notice for 5

5 Explanatory N otes

an order directing the person to comply with the Minister's order. Production of documents 14(1) For the purpose of ensuring that this

Part is complied with, the Minister or any person authorized by the Minister may demand the production, within a reasonable time, of any record or document pertaining in any manner to compliance with this Part, and may on giving a receipt for it remove it for not more than 48 hours for the purpose of making copies of it.

(2) If a person to whom a demand is made under subsection (1) refuses or fails to comply, the person conducting the investigation may apply to a judge of the Court of Queen's Bench by way of originating notice, and the judge may make any order that the judge considers necessary to enforce compliance with subsection (1). Offence 15(1) A person who (

a) contravenes

section 7, or (

b) fails to comply with a divestiture

schedule or other conditions of a permit issued under

section 12, is guilty of an offence and liable to a fine of not more than $10 000.

(2) When a corporation has contravened a provision of this Act, every principal, director, manager, employee or agent of the corporation who authorized the contravention or acquiesced or participated in it is guilty of an offence and is liable to the penalty provided for in subsection (1) whether or not the corporation has been prosecuted or convicted.

(3) When a person is convicted of an offence under this section, a judge of the Court of Queen's Bench may, on the application of the Minister by way of originating notice, make an order for the sale of the cultivated land in excess of the limit set out in

section 7 and the distribution of the proceeds from the sale. Regulations 16 The Lieutenant Governor may make regulations 6

6 Explanatory N otes

(

a) classifying any land in Alberta as cultivated land for the purposes of this Act; (

b) exempting classes of persons from this Part or any provision of this Part and attaching conditions to any exemption; (

c) prescribing forms to be used and the information to be required in disclosure statements; (

d) prescribing the procedure in respect of applications for permits under

section 12; (

e) respecting the giving, sending and serving of notices under this Part. 5 This Act comes into force on Proclamation. 7

5 Coming into force. 7 Explanatory Notes Title: 2000 (24th, 4th) Bill 204, Agricultural and Recreational Land Ownership Amendment Act, 2000

Document details

Collection	Alberta — Bills
Citation	L24 S4 852
Type	bill
Volume / chapter	L24 S4 852
Language	en
Format	json
Source	PROVINCIAL
Identifier	a41ae91f851bdce1c434aac8bfeeb0566f9b44ba

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