Bill 99 (Legislature 11, Session 5)

L11 S5 6896

Alberta — Bills

Bill No. 99 of 1952. A BILL TO AMEND THE FORESTS ACT. NOTE. This Bill amends The F.orests Act, being

chapter 43 of the Statutes of A'lberta,

Section 8 is amended by defining "sale" to include the movement of lumber or a manufactured product of the forest froOm a sawmill.

Section 10 is amended by adding a new subsection which provides that a foreslt management license is to be for such area as may be determined by the Minister subject to the 'approval of the Lieutenant Governor in Council.

Section 16 is amended by removing the requirement that a notice of sale of a timber berth must set out the quantity o.f timber estimated to be on the berth.

Section 17 is amended. Subsection ( 4) now provides that if an authorized atto.rney tenders on a berth he is to file his authorization before the sale, instead of with his tender as formerly. A new subsection (11) permits the Minister to. reject any or aH tenders in his discretion.

Section 18, clause (

a) is amended f.or the purpose of indicating the manner in which a guarantee cash deposit will "accompany" the tender.

Section 19 is struck out and a new

section substituted. The effect of this amendment is to abolish the use of Form E where a te·nderer wishes to appeal from the award of a tender.

Section 20 is struck out and a new

section substituted. The effect of the substituted

section is to enable the Minister to either appoint a District CoOurt Judge or other persons as an arbitrator where a tender is disputed. In the case oOf the District Court Judge the findings would be final but in the case of others appointed as an arbitrator they would report and recommend and the Minister will make the final decision.

Section 21 is struck out and a new

section substituted. The

section provides that the purchase of a berth awarded following arbitration proceedings shall be the offer of the highest tender.

Section 22 is struck out and a new

section substituted which provides that the person requesting arbitration shaH be liab~e for the costs of ,the arbitration and while the costs remain unpaid he shall not receive timber from the Minister.

Section 23 is struck out and a new

section substituted. A deposit made f'0r an arbitration is to be retained by the Director until an award is made:

Section 24 is amended by adding a new subsection. The Minister may terminate any sale of a berth where the purchaser fails to complete the contract within a period specified by the' Director, and in such a case the new sub section (2) provides that the berth may be sold by the Minister without further competi,tion or advertisement at the rates of dues set out in the contract which the original purchaser failed to complete, and upon the same terms and conditions.

Section 27 is amended. A new subsection (3) enacts that a license or a renewal is subject to the regulations in force fr'Om time to time whether n1ade before or after the issue of the license or its renewal.

Section 28 is amended. A new subsection requires that in the case where the boundary of a berth has been in adequately marked 'on the ground, the licensee shall de lineate on the ground, before commencement of operations, the outer boundary of the berth by blazing or cutting a line or other marking. The licensee can not commence operatiDns until the delineation made by him receives the approval of the Director.

Section 33, clause (

c) is amended by providing that a licensee of a berth shall pay such fire guarding charge as may be prescribed by the Lieutenant GovernDr in Council. Formerly the charge was fixed by clause (

c) at two c€nts for each acre in the berth. SecltiDn 36 is amended by the addition of a subsectiDn (4) which provides that in the case where part of a diseased tree or log is manufactured into a useable product the Minister may fix the rates 'Of dues to be paid Dn the product Dr he may waive payment, notwithstanding any provision of the Act or of any CQntract made under the Act.

Section 37, subsection (1) is amended. Where formerly permits could be granted in certain cases to cut timber suitable for lumber, a permit may be granted where the timber is nDt suitable fQr lumber. Subsection (2), clause (

c) is amended. The amended clause (

c) differs from the iormer clause in that the Director now may renew a permi~ by indorsing the renewal Qn the permit. Previnusly the DlrectDr could grant not more than one renewal permit where the permittee gave satisfactory reasons fnr not havin.g completed operations by the expiry date of the permIt. Clause (

h) of subsection (3) of this

section is also amended. 'Vhere before settlers and persons living in tDwns and villages cDuld receive a permit to cut up to one hundred cords of fuel wood, now only settlers may obtain such a permit. A new clause (

t) has also been added to

iii subsection (3) authorizing the granting of a permit with out competition to a pers'On to cut timber for use in con struction in rural areas 'Of certain communal and social buildings. A new subsection (5) permits the Minister to grant permits with'Out competition to remove and manu facture trees and lumber that would be destroyed in the construction of public roads.

Section 38 is amended by correcting a cross reference. Secti'On 46 is amended by the addition of three new sub secti'Ons which make provisions for the destruction or use, where possible, of diseased I'Ogs or trees.

Section 50 is amended. The effect of the amendment is to provide a penalty for a failure to file a sworn return with the Director before the twenty-firslt day 'Of the month. A new subsection (4) permits the Minister to cancel any berth for which a fraudulent return of operations has been made and to refuse to sell timber ito the licensee for a year after the cancellation of the license. Subsection (5) requires a licensee to keep records of sales.

Section 51 is amended. It authorizes the Minister in his discretion to renew licenses from time to time in ex tenuating circumstances.

Section 63 is amended by striking out subsections (2) and (3) and substituting a new subsection (2). The new subsection pr'Ovides that timber for which an accounting has not been made and for which dues have not been paid shall be construed to be timber cut in trespass and deemed the property of the Crown. Previously dues which were in default bore interest at eight per cent until paid and were a lien on the timber cut by the licensee 'On public lands, and the licensee might have been charged with the expenses incurred in securing the return from him and if the ex;penses were not paid, then the Minister might cancel his license.

Section 67 is struck out- and a new

section substituted. The

section nlakes it an offence for any perSQn to use or make a false statement or oath for the purpose of evading the payment of rental, dues, royalty 'Or tax payable to the Crown with respect to timber; or knowingly conveyor attempt to convey out of the Pr'Ovince any timber fQr which such moneys are 'Owing-to the Crown. The penalty for this offence varies. In the case of an 'Officer or employee of a corporation that is a licensee under this Act, the penalty is not more than five hundred dollars. It is less in other cases. In additiQn a person c'Onvicted of an offence for feits the timber in res-pect of which the rental, dues, royalty or tax was payable or owing to the Crown. The

section also provides that where a person conveys timber, on which the rental dues, royalty or tax has not been paid, out of the Province, the Minister may 'Order the seizure of a like quantity of timber in the possession of that person, and the timber, when seized, shall be forfeited.

Section 77 is amended. The effect 'Of the amendment is, first, to require the- owner or operator of a truck conveying any product of the forest to have on his person an invoice for the product of the forest being conveyed by him. The amendment to subsection (1) requires that such invoice be in duplicate. The amendment to subsec1tion (2) re quires that a copy of the invoice is to be retained by the operator of the truck for a period of one year. Subsections (4) and (5) are struck 'Out and new subsections sub stituted.

A new subsection (7) provides that any timber or product of the forest being conveyed over a public road or highway f'Or which the operator of the truck or vehicle is unable to produce an invoice may be seized by a forest 'Officer and, together with the truck or vehicle, shaH be liable to confiseation by Her Majesty. Subsecti'On (8) defines "forest officers" for the purpose of the

section to include forest 'Officers, highway patrol officers, game 'Of ficers, fishery officers, members of the Royal Canadian Mounted Police and such other persons as may be ap pointed by the Minister.

Section 78 is amended. Previously the

section applied to a mill owner doing customs sawing for settlers. The amendment makes the secti'On apply to a mill owner c'On ducting customs sawing or planing operations. The amend ment to clause (

a) has the eff·ect of requiring a mill owner dQing such work to obtain an annual permit.

Section 100, subsection (1) is amended fQr the purpose 'Of making a cross reference more specific.

Section 107, subsection (4) is amended to provide· for imprisonment fDr default in paying the penalty pre scribed by this subsection.

Section 118 is amended by substituting a new clause (g). Clause (g), which empowered the Minister to enter upon lands pursuant to regulations made by the Lieutenant Govern'Or in Council for the purpose of removing, destroy ing and disposing of inflammable substance, now provides that the cost of same shall be a lien upon the lands of the occupant if not paid within thirty days, registerable in the Land Titles Office and conferring an absolute uncon ditional p'Ower to sell the lands.

Section 126 is amended. The effect 'Of this amendment is that any forest officer Qr a municipal district fire guardian may request the services of certain male persons residing or being within twenty-five miles of any prairie, gr'Ound or forest fire to proceed to the fire foor the purpose .of extinguishing or preventing the spread 'Of the fire. Previously, in 'Order for such an officer to request the services of male residents for the fighting of fires, the prairie 'Or ground fires had to be within ten miles, and the forest fire within twenty-five miles of the residence of the person requested to assist in fire fighting. The amend ment t'O subsection (2) has the effect of increasing the

v authority of a forest 'Officer or fire guardian to require the assistance of males for the fighting of forest fires. As the secti.on previ.ously read the forest fire had to be burning in or threatening merchantable timber at a distance of more than fifty miles from any settlement. It is now broadened to include all timber at a distance of more than twenty-five miles from any settlement or 'Other source of lab.our.

Section 127, subsection (3) is amended. Subsection (3) provides that where any fire is found to be due to the breach of the provisions of this Act 'Or the regulations the cost 'Of extinguishing the fire paid by the Department shall be chargeable to the person convicted of the breach and shall create a lien upon the lands .of the person convicted if not paid within thirty days of the conviction, registerable in the Land Titles Office and conferring an abs.olute power to sell.

Previously, subsection (3) applied to a fire within an improvement district, and provided that the costs 'Of extinguishing the fire be recovered by action in a court. SectiQn 134 is anle·nded by the addition of a new sub section (5). The new subsection provides that a permit for clearing, milling and other operations may be suspended by an order of the Director for such reasons as he shall set 'Out in his order whether the permit has been issued by the DirectQr under this

section or by the Director of Lands under The Public Lands Act. Form E in the

Schedule is struck out. This Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 99 of 1952.

An Act to amend The Forests Act. (Assented to , 1952.) HER MAJESTY, by and with the advice 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 (

e) the following new clause: amended " (ee) 'sale' in addition to its ordinary meaning in- "sale" eludes the movement of lumber or any manu factured product of the forest from the location on which the sawmill is situated ;".

Section 10 is amended,- (

a) by renumbering the

section as subsection (1); (

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

(2) Subject to the approval of the Lieutenant Governor in CouncH, a forest management license granted pursuant to

section 96 shall be for such area as may be determ.ined by the Minister."

Section 10 amended

Section 16 is amended by striking out clause (

c) of

Section 16 amended subsection (1).

Section 17 is amended:

Section 17 amended (

a) by striking out subsection (4) and by substitut- the following: " ( 4) A tender may be made by a tenderer in person or through his authorized attorney, who be fore a sale is held must have filed with the Director his authorization in Form A of .the Schedule."; (

b) by adding immediately after subsection (10) the following new subsection: "

(11) The Minister may, in his discretion, re ject any or all tenders made for the purchase of a berth.".

Section 18, clause (

a) is amended by adding im-

Section 18 mediately after the word "deposit" the words "which shaH amended be enclosed in the sealed container".

Section 19 amended Request for hearing by tenderer

Section 20 amended Arbitration Appoint ment of arbitrators Notice to parties of Minister's decision 2

Section 19 is struck out and the following is substi tuted: "11:9.

(1) A tenderer for a berth whose offer is not the highest, if he considers that the berth is reasonably tributary to a mill owned or operated by him, and that the berth may be more economically or advantage'Ously oper ated by him than by the person making the highest tender, immediately upon announcement by the officer in charge of the sale of the nanle of the highest tenderer, may request the Minister in writing for a hearing. "

(2) The request shall set out the reasons therefor and be'ac'companied by a fee of one hundred donars which shall become part of the consolidated revenue of the Province.".

Section 20 is struck out and the f.ollowing is substi tuted : "20.

(1) Upon receipt of a request submitted to' him pursuant to

section 19, the Minister may,- "(

a) hear the representations; or " (

b) before hearing the representations or after hear ing the representations, refer the question in writ ing to arbitration. "

(2) The M,inister may appoint,- "(

a) a District C.ourt Judge as arbitrator whose award shall be final and conclusive; or " (

b) a person, or persons not exceeding three in num ber, to act as arbitrators,- "(

i) wh'O may take into consideration any matter, factor 'Or representations from any person, which are deemed worthy .of consideration; and "(ii) whose report and rec.ommendation shall be be conveyed immediately at the conclusiO'n of the arbitration to the Minister. "

(3) The Minister, upon receipt of the report and recommendation 'Of the arbitrator appointed under clause (b) 'Of subsection (2), shall make a decision which shaH be final and conclusive and shall notify both parties of his decisi'On.

Regulations " ( 4) The Minister may make such regulations as may governing b arbitration e necessary to carry out the purpose and intent of the arbitration. ;~e~i~fti;~Vor "'{5) NO' person shall be named as an arbitrator con cerning a berth for which he, or any partnership of which he is a member, or any 'c'Ompany of which he is a share h'Older, officer or employee, has tendered.". Sections 21, 22 and 23 amended Purchase price of berth 9. Sections 21, 22 and 23 are struck out and the follow ing are substituted: . "21.

The purchase price 'Of a berth awarded by arbitra bon shall be the offer of the highest tenderer.

3 "22. The C'Ost 'Of an arbitratiDn shall be borne by the Cos.ts o~ person requesting the arbitratiDn, and he shall nDt obtain arbitratIOn any timber from the Minister while he remains indebted for the costs Dr a part of the costs of the arbitration. "23. The guarantee cash depDsit accompanying the Deposit. re tender 'Of the' respective parties to the arbitration shall be arbitratIOn retained by the DirectDr until an award is made.".

Section 24 is amended,- (

a) by renumbering the

section as subsection (1); (

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

(2) A berth, the sale 'Of which is terminated pursuant tD subsection (2) 'Of

section 25, may be sold by the Minister withDut further cQmpetition or advertisement 'at the rates 'Of dues s-et out in the contract which the original purchaser failed to cDmplete and upDn the terms and c'Onditions con tained in the nDtice of sale.".

Section 24 amended

Section 27 is amended by adding immediately after

Section 27 subsectiQn (2) the following new subsection: amended "

(3) A license or a renewal thereof shall be subject to the regulatiDns in fDrce from time tD time whether made before .or during the continuance of the license Dr a re newall thereDf.".

Section 28 is amended:

Section 28 amended (

a) by adding immediately after subsection (1) the fol- lowing new subsection: "

(2) Where the boundary of a berth has been inade quately marked on the grDund, the licensee ac companied by a fDrest .officer shall delineate, be fore commencement of 'Ope ratiQns, the boundary 'Of the berth by blazing Dr cutting a line or by other 'apprDpriate marking, and he shall not commence operations until the delineation receives the ap proval of the Director."; (

b) by renumbering the present subsections (2) and (3) as subsectiQns (3) and (4) respectively.

Section 33 is amended by striking .out clause (

c) and ~~!~iled33 by substituting the fDllDwing: " (

c) a fire-guarding charge for each berth as may be prescribed by the Lieutenant Govern'Or in Council ;".

Section 36 is amended by adding immediately after sectiodnd36 . . b t' amen e subsechon (3) the f'Ollowlng new su sec Ion: "( 4) Where part 'Of a diseased tree 'Or log is manu factured into some form of useable product, pursuant to subsecti'On (5) of

section 46, the Minister may, notwith standing any other 'provision of this Act 'Or any contract

Section 37 amended

Section 38 amended

Section 46 amendf:>d 4 made thereunder, fix the rates of dues to. be paid Gn the manufactured product, or he may waive payment.".

Section 37 is amended,- (

a) by striking out the words "suitable for lumber," where they occur in subsection (1); (

b) by striking out clause (

c) of subsection (2) and by substituting the follGwing: " (

c) the permit shall expire on the thirty-first day of July next following the date of its issue and may be renewed Gnce by the Directo.r, in his discretion, by indorsing the renewal 0.11 the 'Permit and the renewal shaH be subject to the regulations in force from time to time during the cQntinuance of the penuit."; (

c) by striking out clause (

h) of subsection (3) and by substituting the following: "(

h) settlers to. cut for sale up to five hundred cords of fire-killed timber or green black spruce timber for pulpwood;"; (

d) by adding immediately after clause (8) of subsec tion (3) the fGllowing new clause: " (

t) persons to. cut timber to be used in the con struction in rural areas of educational, religi ous, charitable and ex-servicemen's institutions .or halls, agricultural society buildings, com munity halls or enterprises, hospitals, nurses' homes and buildings, up to a maximum of forty thousand feet board measure."; (

e) by adding immediately after subsection (4) the following new subsection: "

(5) The Minister may grant permits withQut cGmpetition, subject to the payment of dues as he may prescribe in each case, for the right tOo cut from rights-of-way and remove and manufacture trees and timber that would .otherwise be destroyed in the CGnstruction of ,public roads and highways.".

Section 38 is amended by striking out the words "or under paragraph (

d) of subsection (1) of

section 41".

Section 46 is amended by adding immediately after subsection (3) the fGllowing new subsections: '~

(4) Where trees ,or logs are not useable by reason of disease for manufacturing into. lumber or some other form of a merchantable product, the licensee shall report the cir cumstances immediately to the Director who shaH have the matter investigated. "

(5) After an investigation the Director may in writing direct the destruction of the diseased trees or I.ogs and the means of destruction or the use which may be made of the merchantable product.

5 "

(6) The written directions of the Director, if he directs destruction, shall give the number of trees or logs to be destroyed and no diseased trees or logs shall be destroyed without such written direction. "

(7) The licensee shall make a return to the Director for each berth as prescribed in

section 50 accounting for the timber cut.". "

(8) With the permission of the Minister, an operator whO' is a licensee of more than one berth in the same area may combine operations of berths designated by the Minister to' meet the manufacturing requirements. of subsection (1).

Section 50 is amended by adding immediately after Sect~on riO subsection (2) the following new subsections: amended "

(3) A person who makes default in complying with the requirements of subsection (1) shall pay a penalty of ten dollars and a further sum of ten dollars each month the sworn return is outstanding. "

(4) The Minister may cancel any berth fO'r which a fraudulent return of operations has been made, and in ad dition to any other penalty for which provision is made in this Act the Minister may refuse for one year from the date of cancellation of the berth to sell any timber to the licensee. "

(5) A licensee shall keep a book in which he shall enter a record of all cash and credit sales of the products of his berth, and a,lso a book ,accounting for all purchases of timber made by him, and these 'and other books kept by the licensee in connection with his lumbering business shall be submitted to the Director or Forest Officer, or any other person authoriz,ed by the Minister, for inspection whenever required for the pu~pose of verifying his returns.".

Section 51 is amended: (

a) by renumbering the

section as subsection (1) ; (

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

(2) Notwithstanding clause (

I) of subsection (1) of

section 16, the Minister in exceptional or extenuating circumstances, may renew a license subject to subsection (1) and he may renew the license as often as he deems the circumstances of the case may justify.".

Section 51 amended

Section 63 is amended by striking out subsections

Section 63 . . h f II . amended (2) and (3) and by substItutIng teo oWIng: "

(2) Any timber for which an accounting has not been made pursuant to' this Act and for which dues have not been paid shaH be C'onstrued to be timber cut in tres'pass and shall be deemed to be forfeited to the CrO'wn.".

Section 67 is struck out and the following is sub- ~~!~d~d67 stituted:

Offence to evade rental or unlawfully remove timber Penalties

Section 77 amended Invoices 6· "67.

(1) No person shall,- "(

a) use or make 'any false statement or .oath for the pur pose .of evading the payment of rental, dues, royalty or tax payable to the Crown with respect to timber; or " (

b) knowingly conveyor attempt to convey out of the Province any timber in respect of which any rental, dues, r.oyalty or tax is owing to the Crown. "

(2) A person who violates any of the provisions of subsection (1) is < guilty of an offence and liable on sum mary conviction,- " (

a) if the person is an officer or employee of a corpora tiDnand the corporation is a licensee· under this Act, to a penalty of not more than five hundred dollars and in default of payment to imprisDnment for a term not exceeding six m'onths, or to both fine and imprisonment; "(

b) if the person is the lawful attorney of a licensee under this Act, to a penalty of not more than one hundred dollars, and in default of payment to im prisonment for a term not exceeding thirty days, or to both fine and imprisonment; " (

c) if the person is a natural person and a licensee under this Act, to a penalty of not more than five hundred dollars, and in default of payment to imprisonment for a term not exceeding six months, or to both fine and imprisonment. "

(3) Where a person is guilty of an offence under sub section (1), and where the timber in res'pect Df which the offence was committed has been moved out of the Province or otherwise beyond the reach of the Cr.own, a like quantity of timber in the possessi'On of that person may be seized Dn the .order of the Director and upon being seized shall be forfeited to the Crown.".

Section 77 is struck out and the following is sub stituted: "77.

(1) The owner Dr operator of a truck con veying .over any public road or highway any product of the f.orest, either cut or manufactured in the Province, shall in addition to any requirements of The Public Service Vehicles Act, ha've on his person ea'ch trip an invoice in dunJicate 'Obtained from the vendor containing,.- " (

a) the name and address of the consignee; "(

b) the material and quantity· being conveyed; " (

c) the vendor's certification thereon as to the land on which the material was cut; "(

d) the authority for such cutting. "

(2) One C.oPy of the invoice shall be handed to the pur chaser and the 'other c.opy shall be retained by the .operator or owner of the truck for a periDd of at least Qne year.

7 "

(3) The invoice shall be made out in triplicate in books obtainable, free 'Of cost, from the Director . . ,

(4) The vendor of the timber shall deliver to the Direc tor n'Ot later than the twenty-first day of each month, in person .or by registered mail, the books containing the tripli cate copies 'Of the invoices issued the previous m'Onth, and where no invoice has been issued a statement to that effect. "

(5) A vendor who fails to comply with the requirements Penalty .of subsecti'On (4) is guilty of an 'Offence and liable on sum- mary conviction to a fine of not more than one thousand dollars and CQsts, and in default of payment to' imprison- ment for not more than three months, 'Or t.o both fine and imprisonment. "

(6) NO' buyer or consignee and nO' carrier, other than a carrier by rail, but including an owner Dr a driver of a motQr vehicle, shall buy or transport or accept any product of the forest or a shipment of any product.of the forest unless it is acc.ompanied by the invoice provided f'Or in subsection (1) I "

(7) Any timber or product of the forest being conveyed S.eizure of over a public road 'Or highway for which the operator 'Of the tImber truck or vehicle is unable, upon demand by a forest officer, to produce an invoice as required by subsection (1), may be seized by a fQrest officer as timber cut in trespass, together with the truck 'Or vehicle used in the transportation of the timber, and the timber, truck or vehicle seized shaH be CQn- fiscated to Her Majesty and may be sold as provided by sub- section (3) of

section 100. "

(8) For purposes 'Of this

section forest 'Officers shall be deemed tD include forest officers, highway patrol officers, game officers, fishery officers, members of the Royal Cana dian Mounted Police and such 'Other persons as may be ap pointed by the Minister. "

(9) A person making a shipment by rail of any product Shipment of the forest shall file with the DirectQr not later than the by rail twenty-first day of each month a copy 'Of the bill 'Of lading containing the material and quantity for each shipment made the previous month, indorsed thereO'n by the vendor the land description on which the material was cut and the authority for such cutting. "

(10) Where a bill 'Of lading is nQt available a statement Where: bill t .. th . f t' . d f 'th of ladmg c,onaining e In orma Ion reqUIre rom e owner or not operator of a truck as provided for in subsecti.on (1) shall available be furnished by the vend.or to the Director within the time specified in subsection (9) .".

Section 78, subsection (1) is amended,- :~d78 (

a) by striking out all that porti'on preceding clause (

a) and by substituting the following: "78.

(1) A mill owner c'Onducting custDms sawing or Permit I · t' h II " required panIng 'Opera I'OnS s a ,- for customs (

b) by striking 'Out the words "a permit", where they sawing ,occur in clause (a), and by substituting the words "an annual permit".

Section 100 amended

Section 107 amended

Section 118 amended

Section 126 amended

Section 127 amended 8

Section 100, subsection (1) is amended by striking out the word and figures "section 85," and by substituting the words "this Act,".

Section 107 is amended by striking out subsection (4) and by substituting the following: "

(4) Any person guilty of an offence against this Act for which no specific penalty is otherwise provided, shall be liable on

summary conviction to a penalty of not more than three hundred dollars together with C0'sts, and in de fault 'of payment to imprisonment for a term not exceeding sixty days, or to both fine and imprisonment.".

Section 118 is amended by striking out clause (

g) and by substituting the following: " (

g) empowering the Minister or any person authorized by him to enter upon the lands of any pers'On for the purp0'se 'Of rem'Oving, destr0'ying and disP0'sing of any such inflammable substance and providing that the cost 'Of the work shall be borne by such person, and if the cost 'Of the w'Ork is not paid to the Director within thirty days 'Of delnand for payment the same shall be a lien f0'r the amount thereof and for all expenses and shall be registerable in the proper Land Titles Office upon the lands of such person, constituting a charge to. the like extent and c'On ferring the same rights and registerable and en f'Orceable in the same manner as the liens created by the provisions 'Of this Act for the recovery of dues, including an absolute, unconditional P'Ower to sell ;".

Section 126 is amended,- (

a) by striking out the words "ten miles of any prairie or gr'Ound fire Dr within twenty-five miles of a", where they occur in subsection (1) and by substitut ing the words "twenty-five miles of any prairie, ground 'Or" ; (

b) by striking out the word "merchantable" where it occurs in subsecti'On (2) ; (

c) by striking 'Out the word "fifty" where it occurs in subsection (2) and by substituting the words "twenty-five" .

Section 127 is amended by striking 'Out subsection (3) and by substituting the following: "

(3) Where 'any fire is found to be due to a breach 'Of the prQvisions of this Act, or a breach 'Of the regulations, the cost of extinguishing the fire paid by the Department shall be chargeable to the person c'Onvicted 'Of the breach, and if not paid by such person within thirty days of the conviction, the s'ame shall be a lien for the amount thereof and for all expenses and shall be registerable in the pr'Oper Land Titles

Office upon the lands 'Of the owner, constituting a charge to the like extent and conferring the same rights and register able and enforceable in the same manner as the liens created by the provisions of this Act for the recovery of dues, in cluding an absolute, unconditional power to sell."

Section 134 is amended by adding immediately after

Section 134 subsection (4) the following new subsection: amended H

(5) The Director, f'Or such reasons as he shall set out in his order, may suspend 'Operations under any permit for the period of time . set out in his order, whether the p€rmit is issued by himself under this

section or by the Director of Lands under The Public Lands Act.". 30. Form E in the

Schedule is struck out.

Schedule amended 31. This Act shaH come into force on the day upon which Coming into it is assented to. force

No. 99. FIFTH SESSION ELEVENTH LEG~LATURE 1 Elizabeth II 1952 BILL

An Act to amend The Forests Act. Received and read the First time ....................... . Second time..... . .................. " ........... . Third time ......................................... . RON. MR. TANNER. Title: 1952 (11th, 5th) Bill 99,

An Act to amend The Forests Act

Document details

Collection	Alberta — Bills
Citation	L11 S5 6896
Type	bill
Volume / chapter	L11 S5 6896
Language	en
Format	json
Source	PROVINCIAL
Identifier	d08ff6946c7d0e3db09e3857e5c9c8514bc855b3

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