Bill 51 (Legislature 11, Session 4)

L11 S4 6962

Alberta — Bills

Bill No. 51 of 1951. A BILL TO AMEND THE FORESTS ACT. NOTE. This Bill amends The Forests Act, being

chapter 43 of the Statutes of Alberta,

Section 8 is amended by the addition of a definiti~n of the term "company". In addition to its ordinary meaning it includes an individual or partnership.

Section 12 is amended by the addition of a new sub section (2). The new subsection provides for an additional deposit to guarantee payment of the costs of a survey if the application covers timber in unsurveyed territory and there are no natural boundaries confining the timber on the tract.

Section 14 is amended by the addition of a new sub section (3). This subsection provides that the berth shall be defined on the ground at the time of cruising by blazing or cutting a line or making other appropriate markings.

Section 20 is amended by striking out subsection (1) and by substituting a new· subsection. The former subsection provided for a board of three arbitrators and the substituted subsection provides for a board of not less than three arbitrators.

Section 21, subsection (4) is amended by enabling the Minister to appoint one or two arbitrators in addition to those already provided for.

Section 21 is further anlended by striking out subsection (6) and substituting a new subsection. The new subsection has been reworded for purposes of clarification. It also provides that a person cannot be an arbitrator who has been employed at any time during the twelve months pre vious to the arbitration by a partnership or company that has tendered on the berth. A new

section 34a is added immediately after

section 34. It provides that when dues remain unpaid for six months the sale, lease, license or permit, as the case may be, ter minates forthwith without any notice from the Minister.

Section 37, subsection (3) is amended by the addition of a new clause (8) at the end. This enables the granting of a permit without competition to any person to cut poles for use in the construction of electrification projects and rural telephone lines.

Section 41, subsection (1) is amended by striking out clause (d). This· clause enabled a permit to, cut timber to be granted without dues where the timber was for use in con struction in rural areas of educational, religious, charitable and ex-servicemen's institutions, etc.

Section 52, subsection (1) is amended. This subsection requires all timber with certain exceptions to- be manufac tured within the Province. The amendment adds green balsam fir to the list of exceptions.

Section 58, subsection (1) is amended to correct an error in spelling.

Section 63 is amended by the addition of a new subsection (7). It provides that where dues on timber cut remain unpaid a -penalty equal to five per cent of the unpaid dues shall be added to the dues every three months.

Section 72,. clause (

c) is amended to correct an error in spelling.

Section 95 is amended by the addition of a new clause (j).

Section 95 empowers the Lieutenant Governor in Council to make regulations. The new clause is an omnibus one enabling regulations authorizing the doing of anything relating to the administration of timber and timber lands.

Section 97 is amended by the addition of a new subsection (2). It provides that no sale, lease, license or permit that has been ·cancelled or forfeited shall be reinstated until all arrears and penalties have been paid.

Section 118 is amended by the addition of a new clause (n).

Section 118 enables the Lieutenant Governor in Council to make regulations relating to the prevention of forest and prairie fires. The new clause is an omnibus clause similar to the one added to the power of the Lieu tenant Governor in Council to make regulations relating to timber. The Bill 'comes into force upon assent. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 51 of 1951. An A,ct to amend The Forests Act. (Assented to , 1951.) HIS MAJESTY, by and with the advi,ce and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Forests Act, being

chapter 43 of the Statutes of Alberta, 1949, is hereby amended.

Section 8 is amended by adding immediately after

Section 8 ,clause (

b) the following new clause: amended " (bb ) 'company' includes, in addition to its ordinary "company" meaning, an individual or partnership ;".

Section 12 is amended,-- (

a) by renumbering the

section as subsection (1); (

b) by adding immediately after subsection (1) the following new subsection: "

(2) In addition to the deposit required by sub section (1), if the application covers timber situ ated in unsurveyed territory and aerial photographs indicate there are no natural boundaries confining the timber on the tract, the applicant shah deposit the sum of five hundred dollars to guarantee pay ment of the costs of the survey.".

Section 14 is amended by adding immediately after subsection (2) the following new subsection: "

(3) The tract comprising the berth shall be defined on the ground at the time of cruising by blazing or cutting a line, or other app~opriate marking of the outer boundary of the berth.".

Section 20 is amended by striking out subsection (1) and by substitu.ting the, following: "20.

(1) The Minister, in his discretion, upon receipt of the notice may refer the question forthwith to a board of not less than three arbitrators hereinafter called the Board.".

Section 21 is amended,- (a )by adding at the end of subsection (4) the words ", and one or two arbitrators may be appointed by the Minister";

Section 12 amended

Section 14 amended

Section 20 amended Board of arbitrators

Section 21 amended

New

section 34a Termination of sale, lease, etc., for non payment of dues

Section 37 amended

Section 41 amended

Section 52 amended

Section 58 amended

Section 63 amended Penalty for non-payment of dues on timber cut (b) 2 by striking out subsection (6) and by substituting the following: " ( 6) No. person named to a panel shall take

part in any arbitration -concerning a berth,- "(

a) for which he, or any partnership of wh!ch he is a member, or any company of WhICh he is a shareholder, has tendered; or " (

b) for which any partnership or company that has employed him as an offi-cer, em ployee or contractor, at any time during the twelve months previous to the arbitra tion, has tendered.". 7. The following new

section 34a is added immediately after

section 34: "34a. In any case where any dues, or any part thereof payable to His Majesty or the Minister, pursuant to. the provisions of this Act are unpaid for a period o.f six months after the date upon which they became due, the sale, lease, license or permit, as the case may be, fo.rthwith after the expiration of such period shall be deemed to be terminated without any notice from His Majesty or the Minister to. the purchaser, lessee, licensee or permittee, as the case may be, and shall ,cease to have any force 0.1' effect whatever.".

Section 37, subsection (3) is amended by adding immediately after .clause (

r) the follo.wing new clause: "(8) any person to cut poles to a maximum of five hundred in any permit year for use in the con struction of electrification projects and rural tele phone lines.".

Section 41, subsection (1) is amended by striking out clause (d).

Section 52, subsection (1) is amended by adding immediately after the word "excepting" the words "green balsam fir,".

Section 58, subsection (1) is amended by striking out the word "workships" and by substituting the word "worksho.Ps" .

Section 63 is amended by adding immediately after subsection (6) the following new subsection: "

(7) Where all or part o.f the dues 'on timber cut remain unpaid after the date on which they are due and pa:vable an amount equal to five per cent of the unpaid dues shaH be added thereto by way of penalty,- "(

a) on the day following the due date; and " (

b) on the expiration of each ninety days thereafter; and the amount or amounts so added shall form part of the dues payable.".

Section 72, clause (

c) is amended by striking out ~:!~Od~J2 the. word "accumplation" and by substituting the word "accumulation" .

Section 95 is amended by adding immediately after

Section 95 clause (

i) the following new clause: amended "(

j) authorizing the doing of such acts, matters and things relating to the administration of timber and timber lands as may be deemed necessary or desirable." .

Section 97 is amended,- (

a) by renumbering the

section as subsection (1); (

b) by adding immediately after subsection (1) the following new subsection: "

(2) No reinstatement shall be made until all arrears and penalties have been paid.".

Section 97 amended

Section 118 is an1ended by adding immediately after

Section 118 clause (

m) the following new -clause: amended "(

n) authorizing the doing of 'Such acts, matters and things relating to the prevention of forest and prairie fires as may be deemed necessary or desir able.". 17. This Act shall come into force on the day upon which ~~m~ng it is assented to. m 0 orce

No. 51. FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 1951 BILL

An Act to amend The Forests Act. Received and read the First time ............ . Se'cond time .................. . 'Dhird time ..... HON. MR. TANNER. Title: 1951 (11th, 4th) Bill 51,

An Act to amend The Forests Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 6962
Type	bill
Volume / chapter	L11 S4 6962
Language	en
Format	json
Source	PROVINCIAL
Identifier	c49cbac526dd7d5a899ca132b381e4a71a724729

Source file is stored in the law ingest library (json).