Bill 4 — First Session, 21St Legislature, 35 Elizabeth Ii the Legislative Assembly of Alberta Bill 4 Department of Forestry, Lands and Wildlife Act (Legislature 21, Session 1)

L21 S1 3190

Alberta — Bills

1986 BILL 4 First Session, 21st Legislature, 35 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 4 DEPARTMENT OF FORESTRY, LANDS AND WILDLIFE ACT THE MINISTER OF FORESTRY, LANDS AND WILDLIFE First Reading , Second Reading ^. - Committee of the Whole Third Reading , Royal Assent

B:II 4 BILL 4 1986 DEPARTMENT OF FORESTRY, LANDS AND WILDLIFE ACT (Assented to , 1986) Table of Contents

Definitions Establishment of Department Staff" Delegation Agreement Advisory boards, committees or councils Grants Revolving fund Charges for supplies and services Consequential amendments 1 2 3 4 5 6 7 8 9 10-18 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) "Department" means the Department of Forestry, Lands and Wildlife; (b) "Minister" means the Minister of Forestry, Lands and Wild- Hfe. Establishment of Department Staff 2 There shall be a department of the Government called the De partment of Forestry, Lands and Wildlife over which shall preside the member of the Executive Council appointed by the Lieutenant Governor under the Great Seal of the Province as Minister of For estry, Lands and Wildlife. 3(1) The Lieutenant Governor in Council may establish the offices of not more than 2 Deputy Ministers for the Department and shall designate the name of each office so established.

(2) In accordance with the Public Service Act there may be appointed (

a) the Deputy Ministers whose offices are established under sub section (1), and (

b) any other employees required to conduct the business of the Department.

Delegation Agreement Advisory boards, committees or councils Grants

(3) For the purposes of the Public Service Act, each of the Deputy Ministers appointed under subsection (2)(

a) is a chief officer of the Department. 4(1) The Minister may delegate in writing to any person any power or duty conferred or imposed on him by this Act or any other enact ment under his administration. (2) Subsection (1) does not apply to any power or duty of the Min ister to make regulations. 5(1) The Minister may enter into an agreement on or in connection with any policy, program, service or other matter under his admin istration.

(2) Without limiting subsection (1), an agreement may be made under that subsection with the Government of Canada or the government of a province or any agency of the Government of Canada or the government of a province. 6(1) The Minister may establish any boards, committees or councils he considers necessary or desirable to act in an advisory or admin istrative capacity in connection with any of the policies, programs, services or other matters under his administration.

(2) The Minister may, with respect to any board, committee or coun cil established by him under this section, (

a) appoint or provide for the manner of the appointment of its members, (

b) prescribe the term of office of any member, (

c) designate a chairman, vice-chairman and secretary, and (

d) authorize, fix and provide for the payment of remuneration and expenses to its members.

(3) A board, committee or council established pursuant to this sec tion may, with the approval of the Minister, make rules governing the calling of its meetings, the procedure to be used at its meetings, the conduct of business at its meetings, reporting and any other mat ters as required.

(4) A board, committee or council established pursuant to this sec tion may exercise the powers and shall perform the duties and func tions that the Minister approves or confers or imposes on it. 7(1) The Minister may make grants if (

a) he is authorized to do so by regulations under this section, and (

b) there is authority available in a supply vote for the purpose for which the grant is to be made.

(2) The Lieutenant Governor in Council may make regulations (

a) authorizing the Minister to make grants; (

b) prescribing the purposes for which grants may be made;

(

c) governing applications for grants; (

d) prescribing the persons or organizations or classes of persons or organizations eligible for grants; (

e) specifying the conditions required to be met by any applicant for a grant to render that person eligible for the grant; (

f) prescribing the conditions on which a grant is made and re quiring the repayment of the grant to the Government if the conditions are not met; (

g) providing for the payment of any grant in a lump sum or by instalments and prescribing the time or times at which the lump sum or the instalments may be paid; (

h) limiting the amount of any grant or class of grant that may be made; (

i) authorizing the Minister to delegate in writing to any em ployee of the Government any duty, power or function respecting the payment of any grant; (

j) requiring any person receiving a grant to account for the way in which the grant is spent in whole or in part; (

k) authorizing the Minister to enter into an agreement with re spect to any matter relating to the payment of a grant.

(3) Any regulation made under subsection (2) may be specific or general in its application. Revolving fund 8(1) In this scction and

section 9, (a) "department" means a department as defined in the Depart ment of Public Works, Supply and Services Act; (b) "supphes" means suppHes as defined in the Department of Public Works, Supply and Services Act.

(2) There shall be established a revolving fund for the Department to enable the payment of costs relating to (

a) supplies and services (

i) for the use of the Department, or (ii) to be provided to others, including other departments, and (

b) supplies and services for the operation of grazing reserves.

(3) The Provincial Treasurer shall, on the requisition of the Minister, advance from the General Revenue Fund to the revolving fund any money required for a purpose described in subsection (2).

(4) The net amount outstanding at any time in respect of advances under subsection (3) shall not exceed $5 000 000.

(5) The amount of charges for the provision of supplies and services paid for under subsection (2) from the revolving fund shall be cred ited in reduction of the amount of the advances made by the Prov incial Treasurer under this section.

Charges for supplies and services

(6) As soon as practicable after the end of each fiscal year, the Min ister, for the purposes of

section 77 of the Financial Administration Act, shall ensure the preparation of financial statements covering the revolving fund for the immediately preceding fiscal year and of a

summary of the fund's assets and liabilities.

(7) The financial statements and

summary of assets and liabilities shall be audited by the Auditor General. 9(1) If supplies or services paid for from the revolving fund are provided to a department, the Minister may charge that department for supplies and services in an amount that reflects their cost to the revolving fund.

(2) Where supplies or services are paid for from the revolving fund for use by a department and their value is charged to and retained by the revolving fund, the Minister may charge a fair rent or rate for their use to the department. Amends 10 The Department of the Environment Act is amended RSA 1980 cD-19 (

a) in

section 11(1) by adding the following after clause (g): (g.

l) the Deputy Minister of Forestry, Lands and Wildlife, (

b) in

section 12(2) by adding the following after clause (h): (h.

l) the Department of Forestry, Lands and Wildlife; Amends 11 Scctlon l(l)(u)(ix) of the Financial Administration Act is repealed RSA 1980 cF-9 ^^^ ^^^ following Is substitutcd: (ix) the revolving fund established under

section 8 of the De partment of Forestry, Lands and Wildlife Act, or Amends 12 Scction 18(3) of the Hydro and Electric Energy Act is amended RSA i980cH-i3 ^^ Striking out ", the Minister of Energy and Natural Resources and the Associate Minister of Public Lands and Wildlife or any of them," and substituting "or the Minister of Forestry, Lands and Wildlife". Amends 13 The Land Surface Conservation and Reclamation Act is amended RSA 1980 cL.3 i^

section 15 (

a) by repealing subsection (2)(

b) and substituting the following: (b) 1 deputy chairman of the Council who is an employee of the Department of Energy designated by the Minister of En ergy, and 1 deputy chairman of the Council who is an em ployee of the Department of Forestry, Lands and Wildlife designated by the Minister of Forestry, Lands and Wildlife; (

b) by repealing subsection (10) and substituting the following:

(10) The Minister of Energy shall, for the deputy chairman he has designated under subsection (2)(b), designate an em ployee of the Department of Energy as an acting deputy chair man to act in the event of the absence or inability to act of the deputy chairman or of a vacancy in the office of the dep uty chairman.

Amends RSA 1980 cO-5

(11) The Minister of Forestry, Lands and Wildlife shall, for the deputy chairman he has designated under subsection (2)(b), designate an employee of the Department of Forestry, Lands and Wildlife as an acting deputy chairman to act in the event of the absence or inability to act of the deputy chairman or of a vacancy in the office of the deputy chairman. 14 The Oil and Gas Conservation Act is amended in

section 14.1 (

a) in subsection (3) by striking out "Associate Minister of Public Lands and Wildhfe" wherever it occurs and substituting "Minister of Forestry, Lands and Wildhfe"; (

b) by repealing subsection (4) and substituting the following:

(4) The Minister of Forestry, Lands and Wildlife may au thorize an officer of the Department of Forestry, Lands and Wildlife to exercise the powers conferted on him under this section. Amends 15 RSA 1980 cS-20 Amends RSA 1980 cW-8 Consequential The Special Areas Act is amended by repealing

section 6(2) and substituting the following:

(2) If any provision of the Public Lands Act or of any regulation under that Act is made applicable to special areas, a reference in it to (

a) the Minister of Lands and Forests, the Deputy Minister of Lands and Forests, the Department of Lands and Forests or the Director of Lands, (

b) the Associate Minister of Public Lands and Wildlife, the Deputy Minister of Renewable Resources, the Department of Energy and Natural Resources or the Assistant Deputy Min ister of Public Lands, or (

c) the Minister of Forestry, Lands and Wildlife, the Deputy Minister of Forestry, Lands and Wildlife, the Department of Forestry, Lands and Wildlife or the Assistant Deputy Minis ter of Public Lands is deemed to be a reference to the Minister or Deputy Minister of Municipal Affairs, the Department of Municipal Affairs or the Special Areas Board, as the case may be. 16 The Wilderness Areas, Ecological Reserves and Natural Areas Act is amended in

section 2(4) (

a) in clause (

b) by striking out "3 employees" and substituting "1 employee"; (

b) by adding the following after clause (b): (b.l) 2 employees of the Department of Forestry, Lands and Wildlife, 17 The following provisions are amended by striking out "Associate Minister of Public Lands and Wildhfe" wherever it occurs and sub stituting ""MinisteT of Forestry, Lands and Wildlife":

Act Department of the Environment Act Fish Marketing Act Homestead Lease Loan Act Hydro and Electric Energy Act Land Surface Conservation and Reclamation Act The Metis Betterment Act Municipal Government Act Oil Sands Conservation Act Public Lands Act Special Areas Act Wilderness Areas, Ecological Reserves and Natural Areas Act Wildlife Act cW-9 Wildlife Act cW-9.1

Section number 9(2) Kd) 1(f) 13(l)(b),(2),(3)and(4) 36(1) and (2) 6(2), 22(1) and (2) 156(2) 12(l)(b), (2), (3), (4), 14(3) and 19(2)(b), (3) l(m) 5(

c) l(d)(ii)and 12(2)(

b) KJ) 56(l)(

a) Consequential 18 The following provisions are amended by striking out "Energy and Natural Resources" wherever it occurs and substituting "Forestry, Lands and Wildlife": Act Agricultural Relief Advances Act

Section number 20(2) Crowsnest Pass Municipal Unification Act 10(2) Department of Agriculture Act Forest Development Research Trust Fund Act Forest and Prairie Protection Act Forest Reserves Act Forests Act Highway Traffic Act Homestead Lease Loan Act Hydro and Electric Energy Act Municipal Government Act Pipeline Act Public Lands Act Surveys Act Threshers' Lien Act Water Resources Act Water Resources Commission Act Wildlife Act cW-9 10(2) 1(

c) and 3(2) 1(

c) Kb) l(i) 14(l)(e) 8(2) and 10(2) 7(4)(

b) and (5), 32(2) 271 8(1),(2),(3),(4) and 36(3) 1(d) 85(2) 8(2) l(r)(ii) and 67(a) 3(l)(

g) l(a.Ol), 6.1 and 127 Title: 1986 (21st, 1st) Bill 4, Department of Forestry, Lands and Wildlife Act

Document details

Collection	Alberta — Bills
Citation	L21 S1 3190
Type	bill
Volume / chapter	L21 S1 3190
Language	en
Format	json
Source	PROVINCIAL
Identifier	e63ff4e5d4d84f730927bbac83b0ceb87cdc4899

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