Bill 42 — A Bill To Amend the Lj!-Ublic Lands Act (Legislature 14, Session 5)

L14 S5 1779

Alberta — Bills

No. 42 5th Session, 14th Legislature, Alberta 11 EHzaheth II BILL 42 A Bill to amend The lJ!-ublic Lands Act HON. MR. WILLMORE Printe,d by L. S. WALL, Printer to the Queen's Most Excellent Ma.jestY;- . Edmonton, Alberta, 1963

Explanatory Note

Section 118 is revised to clarify crop share payments und:er homestead leases. The proposed revised

section will require crop share payments for the term of the lease.

Section 18 presently reads: "18. On lands that are under cultivation at the time of the granting of the lease, the lessee 8ha;l1 for a pe,riod of ten yeaI"S pay one quarrter share of whole crop or crops of ev,ery kind and description grown or harvested upon the lands under cultivation at the date of the commence ment of the term of the homestead 1eas,e.". 3. See note to clause 2 of this Bill. Subsections (1) and (2) of

section 19 presently read: "19.

(1) In any year during the :l)il'lst ten years in which the acreage required to be see<1ed to crop pur,suant to

section 23 does not exceed the acreage that was under cultivation at the time of the granting of the lea'se, there is no rent payable under

section 17.

(2) In any year during the first ten years in which the acreage re quired to be seeded to crop pur:suant to

section 23 does exc'eed tbe aoreage that was under cultivation at the' time of the g.ranting of the lease, the rent payable undeir ,section 17 is payable only in respect of the number of acres by which the acreage required to be s'eeded und,er

section 23 is in excess of the acreage that was under cu'ltivation rut the time of the commencement of the lease.". 4. Subsection (8) of

section 20. is amended in respect of an alternative method of satisfying homestead l'ease residence require ments. Subsection (8) of

section 20 presently reads: "

(8) Residence by a lessee upon a faI"ID of an area of at least eighty acres situated within a distance of five miles from the lands compris'ed in the homestead in a direct line exclus,ive of road alilowance's crossed in the measurement, and occupied by the lesse,e as owner, purchaser under an agreement of 'sale, or lessee from the Crown, may, in the discretion of the Minister, be accepted as residence if the faI"ID was acquired by the less'ee after the issue of his homestead lease.". 5. S'ubsection (3) of

section 40 is revised to clarify the adjust ment in the pur,chase price of a homestead lease that is subject to a crop share payment under

section 18. Subsection (3) of

section 40 presently reads: "

(3) In the case of lands tha;t were under cultivation at the time of the commencement of the lease, a le,ssee who pays the purchase price pre scribed in subsection (2) before the expiration of the period of ten year:s referred to in

section 18, shaH also pay, on account of the cultivated land and in Lieu of one-quarter crop share payable under

section 18,such amount as may be fixed by the Minister.". 6. The deposit for grazing leases is increased from ten dollars to twenty-five dollars. The disposition of the deposit is clarified. Subsections (1) and (2) of s,ection 5,9 presently read: "59.

(1) Application for a grazing lease shall be made on the foI"ID presooibed by the Minister and forwaroed to t:be Director and ac companied by a deposlt of ten dollars . . <2) The deposit shall be credited to the applicant if a gmzing lease IS LSs~ed to hIm, but where for any reason the application is refused, the depOSIt shaH be refunded.". 7~ The proposed new

section 87c is presently subsection (1) of

sectIon 134 of the Act. See note to clause 12 of this Bill.

BILL NO'. 42 O'f 1963

An Act to' amend The Public Lands Act (Assented to , 1963) HEH MAJESTY, by and with the advice and consent of the Legislative Assembly of the PrO'vince of Aliberta, enacts as fO'llO'WS: 1. The Public Lands Act, being

chapter 259 O'f the Re. vised Statutes, is hereby amended. 2. SectiO'n 18 is struck out and the following sectiO'n is substituted: 18. During the term m a homestead lease, the lessee shall pay a one ... quarter share of any crop grown or har vested .on any lands contained in the lease that were under cultivation when the lease was granted.

Section 19 is amended as to subsections (1) and (2) by striking O'ut the words "first ten years" and by substituting the words "term of the lease".

Section 20, subsection (8) is amended by striking out the words "if the farm was acquired by the les,see after the issue of his homestead lease".

Section 40 is amended by striking out subsectiO'n (3) and by suibstituting the following:

(3) In additiO'n to' any purchase pdce prescriibed by this section, a homestead lessee whose lease contained cultivated lands when it was granted shall pay any additional amount that the Minis,ter prescribes in lieu of the payment pre scriibed in sectiO'n 18.

Section 59 is amended (

a) as to subse'ction (1) by striking out the word "ten" and by substituting the words "twenty-five", (Ib) as to' subsection (2) by adding immediately after the word "applicant" the words "for fee and rental". 7. The following new sectiO'n is added immediately after

section 87b:

2 8. Subsection (1) of

section 117a is revised to allow the Minister to pay arrears for water service charges.

Section 117a presently reads: "117a.

(1) Where an agreement for the sale of public lands under this

Part is canC'el:led or the pUl'chaser quit claims his intere'st under the agreement to the Minister and the purehaser at thart time owes taxes in l'espect of that land, the Minister may pay the taxes Dwing tD the cit~ town, new town, viHage, municipa'l distri'et, county or tD the Mini,st,er of Municipal Affairs in resped Df an improvement district, as the case may be, but no such payment shalll exceed half the amount collect,ed by the Minister rus principal under the agre,ement for sale.

(2) Su:bseetion (1) does nDt apop,ly to the canceUation of an agre·ement for sale of (

a) lands situated in a land clearing and breaking project that was obtained in SUbstitution for a homestead lease of the same Ifands, or (

b) tax rec.overy lands aidm1inisltered by the Department".

Section 119 is amended to provide for public access on public lands that have not been disposed of under an agreement for sale, homestead lease or any other agreement leading to a title to the lands. 10. This proposed

section provides authority to deal with crops unlawfully planted on public lands. I I. Subsections (1) and (2) of

section 133 are revised to clarify the procedure for seizing clay, mad, sand or gravel unlawfully re moved from pubHc lands.

Section 133 presently reads: "133.

(1) When any officer receives satisfactory information supported by affidavit or s,tatutory deColanation thwt any sand o'r grave:l has been removed without authority from public lands, including the beds oif rivers, or whenever any officer from other SOUl'ces Df information or from per:sonal knowloedge is aware that any sand or grave,l has been removed without authority from such lands, he may seiz·e or caus'e to be seized wherever found the sand or gravel so reported .or knDwn tD be re'moved, together with any automobile, truck, tools and equipment used in the rem.oval or transp.ortation of the sand O'I' gnavel.

(2) The person making the seizul'e shrulil immed'ialte'ly repDrt in writdng to the Minister and shall retain the sand or gravel or thing s'eized until he has received directions fr.om the Minister as to the future disposition thereof.

(3) Upon receipt Df the report the Minister may (

a) by W'I'iting dec'~are the sand, grav,el or other thing seize,d to be confiscated to the Crown, and cause the sand, gravel or other thing so confis'cated to be sold in the manner and subject to such tel'IIls and conditions as he may prescribe, or (

b) ordeT the return of the sand, gravel or other thing seized to tbe person po-ssessed of it at the time of seizure.

(4) Where the Minister makes a deolara;tion Df confJ.sc'ation pursuant to subsection (3), the propel'lty in the sand, gravel or thing s·eized vests in the Crown and all l'Iights Df pr.operty existing therein imm,ediate1ly before the making of the de01aration ceas,e and detel'IIline.".

2 87 c. The title in and to all crops of every nature and de scription grown and produced on any public land is and remains in Her Maj esty the Queen in right or! Alberta, until the crops are divided and Her Majesty's share de livered to Her as set out in any lease, licence or permit entered into by Her Majesty pursuant to this Act or The Provincial Lands Act.

Section 117a is amended by striking out suhsection (1) and by sulbstituting the following: 1.1.7a.

(1) When an agreement for the sale of lands made under this Act or the regulations is cancelled, or the pur chaser surrenders his interest to the Minister, and the pur chaser is in arrears for taxes on the land or for water service charges under The Irrigation Districts Act, the Minister may apply not more than one-half the amount paid by the purchaser as principal under the agreement in pay ment of the arrears.

Section 119 is amended by adding the following clause after clause (u) (

v) provide for public access to recre'ation areas, lakes, rivers and streams on any pulblic lands subject to a dis,position granted under the Act that does not lead to a notification for title. 1.0. The following new

section is added immediately after

section 129a: 129b. Where a person without authority seeds a crop on public lands, the Minister may (

a) authorize an officer to seize the crop either before or after it is harvested, and (

b) order the crop to be dislposed of as he decides.

Section 133 is struck out and the following

section is substituted: 1.33.

(1) Where an officer believes on reasonable grounds that any clay, marl, sand or gravel, has been re moved unlawfully from public lands, he may seize the clay, marl, sand or gravel, and any vehicle, tools or equipment used to remove or transport the clay, marl, sand or gravel.

(2) Any officer making a seizure under this

section shall make a written report to the Minister and shall retain any thing seized until the Minister instructs him how to dispose of it.

(3) When the Minister receives a report of a seizure he may (

a) order whatever is seized to be confiscated to the Crown in right of the Province and may dispose of it in any way be considers proper, or

Section 134 is revised to cladfy the seizure of crops grown on public lands for defaul~ in payme~~ under agre.ements under ~he Act. Seizure procedure IS also modIfIed. SubsectIOn (1) of

section 134 is contained in clause 7 of this Bill. 13. S'ection 185 is amended to provide the Minister with power to cancel a homestead sale applied for after Decemher 1, 1962" where a purchaser does not personally use the land as a homestead and defeats the purpose of a homestead sale.

Section 19,5 is amended for the same reason as

section 185. See note to clause 13 of this Bill

3 (

b) order whatever is seized to be returned to the per son from whom it was seized.

Section 134 is struck out and the following

section is substituted: 1.34.

(1) The Minister may by an order in writing auth orize any officer to seize any grain owned by any lessee who defaults in payment of (

a) rent payable under a cultivation lease, (

b) any crop share payable under any leas,e granted under this Act or The Provincial Lands Act, or (c) 'any indebtedness owing for a loan made under The Homestead Lease Loan Act.

(2) When any grain is seized pursuant to this section, the officer ,making the seizure shall deliver a notice in Form B to the lessee !by (

a) giving it to him personally, (

b) posting it in a prominent place on the land described in the lease, or (

c) mailing it to his last known address.

(3) Any costs or expenses incurred by the officer in making a seizure under this

section shall be deemed to be part of the unpaid rent, crop share or loan payment for which the seizure was made.

(4) When an officer seizes grain under this section, he may (

a) have the grain carried to any convenient place of storage, or (

b) sell the grain at a price as near as possilble to the current market price.

(5) No officer while discharging his duties under this section, or any officer assisting him, is liable for trespass on privately owned land.

Section 185 is amended (

a) by striking out the word "or" at the end of clause (

j) and by adding the word "or" at the end of clause (k) , (

b) by adding the following new clause immediately after clause (k) : (

l) in res'pect of a homestead sale applied for after the first day of December, 19-62, he has been, in the opinion of the Minister, primarily occu pied as a farmer for at least one year immedi ately before the date of his application for the notification.

Section 19'5, suhsection (1) is amended

4 15. Commencement of Act.

4 (

a) by striking out the word "and" at the end {If clause (

g) and hy adding the word "and" at the end of clause (h), (

b) by adding the following new clause immediately after clause (h): (

i) in resp,ect of a homestead sale applied for after the first day of December, 1962, he has been, in the opinion of the Minister, primarily oc cupied as a farmer for at least one year im 'mediately before the date of his application for the notification. 15. This Act comes into force on the day upon which it is assented to.

No. 42 FIFTH SEiSSION FOURTEENTH LEGISLATURE 11 ELIZABETH II 1963 BILL

An Act to amend The Public Lands Act Received and read the First time ......................................... . Second time Third time HON. MR. WILLMORE Title: 1963 (14th, 5th) Bill 42,

An Act to amend The Public Lands Act

Document details

Collection	Alberta — Bills
Citation	L14 S5 1779
Type	bill
Volume / chapter	L14 S5 1779
Language	en
Format	json
Source	PROVINCIAL
Identifier	ca250f2b186d8d20ba8aaf8cb8847187b6b555dd

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