Bill 128 (Legislature 12, Session 1)

L12 S1 6796

Alberta — Bills

Bill No. 128 of 1953 A BILL TO PROVIDE FOR THE LICENSING OF SEISMOGRAPHIC RECORDING AND DRILLING EQUIPMENT NOTE This Bill enacts a new Act to be known as "The Seismo graphic Recording and Drilling Equipment Licensing Act". The equipment to which this Act relates, upon the coming into force of this Act, is no longer to be taxable pursuant to The Assessm,ent Act in and by municipalities as personal property. Such equipment will be required to be licensed before it can be used in a, municipality.

The licence fee will be five per cent of three-tenths of the current market price of the equipment, payable to the Province. At the end of the calendar year the Minister of Municipal Affairs will apportion the licence fee to those municipalities in which the equipment has been used during the year. In this way each such municipality will receive a share of the licence fee. Inspectors are to be appointed but the assessor of a muni cipality is ex officio an inspector under this Act. There are certain offences created and penal~ies set out therefor.

The Lieutenant Governor in Council may make regulations prescribing forms and procedures under this Act. This Bill comes into force upon Proclamation. 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. 128 of 1953

An Act to Provide for the Licensing of Seismographic Recording and Drilling Equipment (Assented to , 1953) HER MA.J~ST!, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta enacts as follows: ' 1. This Act may be cited as "The Seismographic Record-

Short title ing and Drilling Equipment Licensing Act". 2.

In this Act, unless the context otherwise requires, I~terpreta- ( ) ". , tlOn a equIpment' means seismographic recording and "equip- drilling equipment; ment" ( b ) "inspector" means an inspector under this Act; "inspector" (c) (d) (e) (I) (g) (h) "licence" means a licence issued pursuant to the "licence" provisions of this Act; "Minister" means Minister of Municipal Affairs; "Minister" "municipality" means a municipal district, a "munici county, an improvement district or a special area; pality" "owner" means the person who is in legal posses- "owner" sion of seismographic recording or drilling equip- ment; "person" includes a partnership or corporation; "person" "seismographic recording and drilling equipment" "seis~o means the equipment used or capable of being used ~~:ltl::~ ~~d for the purposes of seismographic exploration and dril~ing t" without restricting the generality of the foregoing eqUlpmen includes (

i) recording equipment units and all appurten ances thereto together with the vehicle upon which they are mounted or carried, (ii) conductor cables and cable reels, geophones, amplifiers and cameras, if mounted or carried on a separate vehicle from ,a recording vehicle, together with the vehicle upon which they are mounted or carried, (iii) explosives and explosive and detonating equip ment together with the vehicle on which they are mounted or carried, (iv) drilling units and all the component parts and 'appurtenances thereof together with the vehicle upon which they are mounted or carried,

"unit" 2 (

v) water tanks and pumping equipment together with the vehicle upon which they are mounted or carried; (i) "unit" means a vehicle upon which or within which there is mounted or carried seis,mographic record ing or drilling equipment together with the equip ment so mounted or carried. ~~:nP~~~ss- 3. Upon the coming into force of! this Act seismographic ment. and recording and drilling equipment shall be exempt from taxatIOn assessment and taxation pursuant to The Assessment Act. Licensing of equipment Application for licence Calculation of licence fee Expiration of licence 4.

A person who is the owner of equipment shall obtain a. licence in th~ manner provided in this Act before he en gages in the use of any such equipment in a municipality~ 5.

(1) A person who is the owner of equipment may apply to the Minister for a licence under this Act.

(2) The application shall be accompanied by an affidavit setting out with respect to each unit owned by the appli cant, (

a) the name, description and public service vehicle licence number of the vehicle, (

b) the name, description and type of equipment mounted on or carried in the vehicle as being ordin arily part of the unit, (

c) the current market price of all the items set out in clauses (

a) and (b). 6.

(1) Upon receipt of an application and accompany ingaffidavit the Minister shall calculate the annual licence fee for. each unit (

a) by determining the total current market price on all the items comprising the unit, (

b) by calculating. three-tenths of the total current market price determined pursuant to clause (a), (

c) by computing five per cent of the amount calculated pursuant to clause (b).

(2) Upon payment of the amount computed pursuant to clause (

c) of subsection (1) the Minister shall issue a licence to the owner of the equipment.

(3) A licence expires on the thirty-first day of Decem ber in the year in which the licence j s issued. Licence plate 7.

(1) A licence plate shaH be issued by the Minister with each licence.

(2) The licence plate shall be attached in a conspicuous . place to tb..e unit for which it is issued. Licence plate

(3) A licence plate shall not be transferred from one rro:n!~er~~d unit to an{)ther.

3 8.

(1) The owner of equipment, either himself or Duties of through his agent in charge of the equipment, ~~~~e~t (

a) shall keep and maintain a complete record, in each calendar year, of the date of entry into each muni cipality of each unit of equipment for the purpose of engaging in seismographic exploration, (

b) on or before the thirty-first day of December in each year, shall make a return to the Minister, in such form as he may prescribe, showing the num ber of days in that year a unit of equipment was in each municipality for seismographic exploration purposes, whether or not such unit was in actual use, (

c) within twenty-four hours of commencing seismo 'graphic exploration work in a municipality, in writing, shall notify (

i) the Minister of Municipal Affairs in the case of an improvement di!srtrict, or (ii) ,the special areas board in the case of a special area, or (iii) the secretary-treasurer of any other munici- pality, that he has within the municipality for seismo graphic exploration purposes each unit of equipment set out in the notifica!tion, (

d) shall in writing notify the officials referred to in clause (

c) of any withdrawals or additions of units from or into the municipality, as the case may be.

(2) For the purposes of subsection (1) reference to a unit of equipment shall be made by stating (

a) the name or type of the unit of equipment, and (

b) the number of the licence issued therefor. 9. As soon as may be in each year, the Provincial Secre- I?ivision of tary shall assemble the return made to him pursuant to lIcence fees clause (

b) of subsection (1) of

section 8 for the preced!ng year in respect of each unit of equipment and accordIng to the returns shall (

a) determine the total number of days a unit was in all municipalities, (

b) divide ninety-five per cent of the amount of the licence fee received by him pursuant to

section 6 by the total number of days a unit was in all muni cipalities, (

c) compute the number of days a unit was in each municipality, (

d) pay to a municipality covered by the returns the amount arrived at by multiplying the result ob tained pursuant to clause (

b) by the number of days the unit was in that municipality.

Regulations Offences and penalties Inspectors 4 10. The Lieutenant Governor in Council may make regu lations not inconsistent with the provisions of this Act pre scribing the procedure to be followed and the forms to be used in carrying out any of the provisions of this Act. 11. A person (

a) who gives false information in his application for a licence, or (

b) who after having been issued a licence plate at taches the licence plate to a unit for which it was not issued, is guilty of an offence and liable on

summary conviction to a fine of not more than one hundred dollars and costs and in default of payment tQ imprisonment for a term not ex ceeding thirty days. 12.

(1) The Minister may appoint persons as inspectors 'Of equipment licences whQ shall have such duties as may be assigned tQ them by the Minister.

(2) The assessor of a municipality shall be ex officio an inspector 'Of equipment licences.

(3) An inspectQr may inspect equipment for the purpose 'Of ascertaining whether or not the equipment or any part thereof is duly licensed. Inspection of 13.

(1) Every person who is the 'Owner or whQ has the equipment control or management 'Of equipment shall permit an in spector to inspect and examine the equipment at any reason able time during the day and shall furnish such infQrmation Penalty for failure to allow in spection Penalty for unlicensed seismo 'graphi,b exploration as the inspector may require.

(2) A person (

a) who fails tQ comply with the provisiQns 'Of subsec tion (1), or (

b) whQ knowingly makes a false statement tQ an in- spectQr, is guilty 'Of an 'Offence and liable 'On

summary cQnvictiQn tQ a fine not exceeding one hundred dQllars and costs and in defau}t 'Of payment to imprisonment fQr a term not ex ceeding thirty days. 14.

(1) A perSQn (

a) who engages 'Or attempts tQ engage in seismo- • graphic explQratiQn by the use 'Of a unit 'Of equip ment for which a licence has nQt been 'Obtained, or (

b) who engages or attempts to engage in seismQ graphic explQratiQn by the use 'Of a unit 'Of equip ment UPQn which a licence is not displayed, is guilty 'Of an 'Offence and liable 'On

summary cQnvictiQn to a fine nQt exceeding 'One hundred dollars and costs and in default 'Of payment to imprisQnment fQr a term not exceed ing thirty days.

(2) Where a person is convicted of an offence under Impound- . b t · (1) th ' t' . t t 't' , dd' ment of umt su sec IOn e conVlC lng magIs ra e or JUs Ice, In a 1- tion to any penalty imposed in respect of such offence may order the impoundment of the unit concerned in the com mission of the offence for a period not exceeding sixty days, 15.

(1) The expenses of the administra,tion of this Act ~ppropria shall be paid out of such moneys as may be appropriated hon by the Legislative Assembly for the purposes of the De partment of Municipal Affairs,

(2) Any surplus moneys from licence fees remaining Surplus with the Minister after the annual apportionment to muni cipalities pursuant to

section 9 shall be paid into the Gen- eral Revenue Fund of the Province, 1.6. This Act shall come into force on a date to be fixed Fooming by Proclamation of the Lieutenant Governor in Council. ree into

No. 128 FIRST SESSION 1WELfTH LEGISLA lURE 2 ELIZABETH II 1953 BILL

An Act to Provide for the Licensing of Seismographic Recording and Drilling Equipment Received and read the First time ......................................... . Second time ........................ . Third time ......................................... . HON. MR. GERHART. Title: 1953 (12th, 1st) Bill 128,

An Act to Provide for the Licensing of Seismographic Recording and Drilling Equipment

Document details

Collection	Alberta — Bills
Citation	L12 S1 6796
Type	bill
Volume / chapter	L12 S1 6796
Language	en
Format	json
Source	PROVINCIAL
Identifier	e0c47030e6a227c41734bd95e5731c2da4296ab5

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