Bill 42 (Legislature 12, Session 3)

L12 S3 6487

Alberta — Bills

Bill No. 1l'2 of 1955 A BILL TO AMEND THE MINES AND MINERALS ACT NOTE This Bill amends The :J!lincs and Mine1'als Act, being

chapter 66 of the Statutes of Alberta, 1949. Amendments are made to correct references to other Acts in substitution for which new Acts have been passed or may be passed this year. The'se amendments are made to sub section (1) of

section 2, subsection (2) of

section 5, sections 10 and 11,

section 25a, subse;ction (7) of

section 32, sub section (4) of

section 219 and

section 228. Clause (

k) of

section 9 is amended so that it will be in accordance with an amendment being made to The Tax Recovery Act. A new

section 24a is added to resolve uncertainties as to the ownership of minerals that arose from the exception in letters patent of lands for road purposes.

Section 40 is amended to enable the Department to accept documents signed on behalf of a corporation by two direc tors. This will bring the provision in line with a practice frequently followed by smaller companies.

Section 41 is amended for clarification.

Section 59, subsection (3) prohibited the prospecting for quartz claims on lands granted or reserved under this Act. By amendment, this prohibition applies only to lands granted pursuant to

section 64a. Sections 215, 228 and 266 are amended. These sections deal with royalty returns by lessees of coal-mining leases and petroleum and natural gas leases. The amendments will enable an agent of the lessee authorized in writing to make the royalty statements. Subsection (1) of

section 217 is amended for clarification. S~tion 220, dealing with school houses in mining towns, placed on the lessee of Crown coal-mining rights an obliga tion not borne by lessees of other Crown minerals or operators of other coal rights. This

section is repealed.

Section 224 is amended for clarification. Seetion 228 deals with royalty returns by lessees of road allowance coal-mining leases. In addition to the amendments already referred to, a reference to

section 216 is corrected in the light of an amendment to that

section made in

Section 256 under which a lessee of petroleum and natural gas rights may surrender his lease is amended. The principal chAnge will permit the lessee to surrender a part of a lease on which he otherwise would have to drill an offset well.

ii New

section 288a is added. It authorizes regulations to provide for the registration of documents' affecti,ng', ~gree- ments. " This Bill comes into forte-'upon assent and the amend ments to references to The Coal Mines Regulation Act will be effective when The Coal Mines Regulation Act, 1955, comes into force. ' J. W. RYAN, Acting Legislative CounSei. (This note does not form any' part of the Bill but is offered in explanation of its provisions.)

BILL No. 42 of 1955

An Act to amend The Mines and Minerals Act (Assented ~o ,1955) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enticts as follows: 1. The Mirw8 and Minerals'Act, being

chapter 66 of the Statutes of Alberta, 1949, is hereby amended. ·~2. The' said Act is amended by adding immediately after the words tiThe Coa,z Mines Regulation Act" where they occur in subsection (2) .of

section 5, in

section 25a, in sub section (4) of

section 219 andin clause (

b) of

section 228 the figures. ", 1955".

Section 2, subsection (1), clause (aa) is amended by St'Ction 2 ~trildng out the figur~s "1947" and substituting the figures amended "1954". '

Section 9, clause (

k) is amended by striking out the Re~tlon 9 wor.ds "~ and which is declared by the Lieutenant Governor amended in Council to be subject to the jurisdiction, control or ad ministration of the Department". 5. Sections 10 and 11 are amended by striking out the SEctions figures "1947" where they occur and by substituting the !?n:~3eJl figures "1954". G. The following new

section is added immediately after New

section

section 24: 240; "24a..

(1) Where by' letters patent U ( ) th f . I d . d .. I . 1· Minerals a . e sur ace of an an a mlnera or mlnera. s In underlying . the land were granted, and road '4'(

b) an area or strip of land was excepted or reserved for a road, roadway or trail, the letters patent shall be deemed for all purposes to have conveyed such mineral or minerals underlying the road, ·I'~adway or trail. ,- U(2) Subsection (

l) does not apply to a mineral or Exception minerals granted by other letters patent before the 1st day of October, 1930, or by notification ·before the 1st day of '·May, 1951, whether before or after the letters. patent re- ferred to in subsection (1).

Section 32 amended

Section 40 amended

Section U amEnded

Section 59 amended

Section 215 amended

Section 217 amended Sf'Ction 220 repealed

Section 224 amended

Section 228 amended Sectlon 256 amended 2 .. \8) Where. under subsection (1), doubt arises as to whether an exception or reservation of an area or strip was for a road. roadway or trail, the Minister shall rule thereon and his ruling when delivered in writing to the Registrar is final." .

Section 32, subsection (7), clause (

a) is amended by adding immediately after the word "Act" the figures 'I, 1948".

Section 40 is amended by adding immediately after the word "officer" the words "or two directors".

Section 41 is amended by striking out the warda ", con dition or regulation made whilst the demised premises are held" and substituting, the words "or co.ndition therein or of any regulation".

Section 59 is. amended by striking out subsection (3) and by substituting the following: "

(3) No person may enter, locate, prospect or stake out a claim for minerals pursuant to this Part on lands com prised in a lease or other agreement granted pursuant to

section 64a.".

Section 215, subsection (1) is amended by striking out the words "lawful attorney" and by substituting the words "agent authorized in writing." 12,.

Section 217, subsection (1), ,clause (

b) is. amended by striking out the word "underground".

Section 220 is repealed.

Section 224 is amended by adding immediately after the word "may" the words "in addition".

Section 228 is amended (

a) by striking out the words "paragraph (a,)" where they occur in clauses (

a) and (0) a·nd by substitute ing the words "subsection (1)", and (

b) as to clause (

b) by striking out the words "lawful • agent" and by substituting the words "agent author ized in writing".

Section 256 is amended (

a) as to subsection (1), by striking out the words. "who has complied in every respect with the provisions of this Act and The Oil and Gas Resources Conser vatiO"iL Act, 1950,", (

b) by striking ont subsection (2) and by substituting the following:

3 H

(2) The portion of the location to be retained " (

a) shall confonn to

section 232, or " (

b) if a well on the location is capable of pro ducing petroleum or natural gas in com mercial quantity, shall be the area allocated to the well by The Petroleum' and Natural Gas Conservation Board for the purposes of production. II

(3) Notwithstanding the provisions of subsec tion (2), where a lessee has been served with a notice requiring him to drill a well to offset a petroleum or natural gas well in accordance with s~ction 252, he may relinquish that portion of the location which would be the spacing unit of the offset well.".

Section 266, subsection (1) is amended by striking

Section 266 out the words "lawful attorney" and substituting the words amended "agent authorized in writing.". 18. The following new

section is added immediately after New

section

section 288: 288a "288a. The Lieutenant Governor in Council may make Lieutenant • Governor In regulatIOns Council "(

a) providing for the registration of documents affect- ~~~~l~f:nes ing agreements, other than assignments of agree- ~:it:;!~fon ments and mechanics' liens, with the Minister, " (

b) prescribing the form of documents that may be registered and the conditions under which they may be registered, "(

c) delimiting the effect of the registration of any document, and for this purpose, suspending or modifying the provisions of subsection (5) of sec tion 288, and "(

d) prescribing fees for the registration of documents and for services supplied by any registration office in the Department.". 19.

(1) This Act comes into force on the day upon which g1~iFo~ce it is assented to.

(2) Notwithstanding the provisions of subsection (1),

section 2 comes into force on the day upon which The Coal Mines Reg1.dation Act, 1955, comes into force.

THIRD SESSION TWELFTH LEGISLATURE 4 ELIZABETH II 1955 BILL

An Act to amend The Mines and Minerals Act Received and read the First tim~ ....................................... .. Second time . . Third time ..... HON. MR. MANNING Title: 1955 (12th, 3rd) Bill 42,

An Act to amend The Mines and Minerals Act

Document details

Collection	Alberta — Bills
Citation	L12 S3 6487
Type	bill
Volume / chapter	L12 S3 6487
Language	en
Format	json
Source	PROVINCIAL
Identifier	edf783adade6995b4737f8680f04237ccac5e373

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