Bill 251 — Fourth Session, 18Th Legislature, 27 Elizabeth Ii the Legislative Assembly of Alberta Bill 251 the Land Commission Act (Legislature 18, Session 4)

L18 S4 4431

Alberta — Bills

1978 BILL 251 Fourth Session, 18th Legislature, 27 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 251 THE LAND COMMISSION ACT MR. NOTLEY First Reading ________________________________ -------- Second Reading ________________________________________ _ Committee of the Whole _______________________________ _ 1lrird Readling _______________________________________ _ Royal Assent _________________________________________ _ PrInted by the Queen's Printer for the Province of Alberta. EDMONTON

Bill 251 Mr. Notley BILL 251 1978 THE LAND COMMISSION ACT (Assented to , 1978) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. In this Act, (a) "agricultural land" means land designated as such pur suant to

section 8; (b) "commisS'ion" means the commission established by sec tion 2; (c) "commission land" means land acquired by the commis sion for the purposes of this Aot; ( d) "farm use" means an 'Occupation or use of land for bona fide farm purposes, including, without limiting the generality 'Of ,the foregoing, husbandry 'Of the land and the plants and >animals thereon, and any other similar activity designated as farm use by the Lieutenant Gov ernor in Council; (e) "green belt land" means land referred to in

section 7(2)(a); (£) "land" includes any estate or interest in land; (g) "land bank land" means land referred to in

section 7(2) (b); (h) "land reserve plan" means a plan prepared pursuant to this Act in the manner prescribed by the regulations, which sets out clearly the 'areas within a municipality or improvement district that, subject to the approval of the Lieutenant Governor in Council, may be designated by the commission as an agricultural land reserve; (i) "'Minister" means that member of the Executive Council charged with the administration of this Act; (j) "park land" means land referred to in

section 7 (2) (c) ; (k) "regulation" means a regulation or order of the Lieuten ant Governor in Council made under this Act; (1) "reserve" means a reserve of land established 'as such pursuant to

section 8 ( 1 ) ;

Explanatory Notes I.

Definitions.

2. ( 1) ~here is hereby e'stablished a commission to be known as the P:mvincial Land Commission consisting of not less than 5 members appointed by the Lieutenant Governor in Coun cil to hold office during pleasure, and upon their appointment the members constitute a corpDration and shall be the directors thereof.

(2) Eaoh member shall be reimbursed fDr any reasonable travelling or living expenses necessarily incurred by him in the discharge of his duties and may be paid such remuneration for his services as a member of the commission as the Lieutenant Governor in CDuncil may determine providing that money has be'en appropriated to that purpose by the Legislature.

(3) Except as provided in sections 8(9)(

c) and 9(2), at any meeting of the commission, a majority of the members consti tutes a quorum. 3. The Lieutenant Governor in Council shall designate one 'Of the members as chairman and one other member as vice-chair man. 4. ( 1) The commission is for all purposes an agent of the Crown.

(2) The ,commission may, 'On behalf of the Crown, carry out its powers and duties under this Act in its own name without specific reference to Her Majesty and may hold in its own name any land or other real or persDnal property, and likewise may dispose of, mortgage, hYPDthecate, pledge, and assign any such property. 5.

(1) The commission may, pursuant to The Public Service Act, appoint such officers and employees as it considers necessary for the purpose of this Act, and may determine their duties.

(2) The Lieutenant Governor in Council may appoint a general manager of the commission, to be appointed during pleasure, may fix his remuneration ,and may declare that The Public Service Act applies to him.

(3) The Lieutenant 'Governor in Council may declare that The Public Service Management Pension Act applies to the mem bers of the commission and to the general manager.

(4) The commission may, with the approval of the Minister, engage and retain such eX'perts, consultants, or specialists as it considers advisable and fix their remuneration.

(5) The appointments provided for in this 'section may only be made when money has been appropdated t'O that purpose by the Legislature. 6. The commission may make such by-laws 'and pass such resolutions, nDt ,contrary to law or this Adt:, las it considers neces- 2

3. Provincial Land Commission established. 3. Chairman and vice-chairman. 4. Commission is 'agent; powers. 5. Employees of commission. 6. By-laws of commission. 2

sary 'Or advisable for thec'Onduct of the affairs of the commission and, without limiting the generality 'Of the foregoing, may make by-laws and pass resolutions with respect to the time and place of calling and holding meetings, the procedure to be followed at the meetings, and generally with respect to the ,conduct, in all respects, 'Of the affairs 'Of the commission, and may repeal, amend, or re-enact them. 7. ( 1) It is the object of the commission to (

a) preserve agricultural land for farm use; (b) ,encourage the establishment and maintenance of family 'farms, and land in an agricultural land re'serve, for a use 'compatible with the preserva~ion 'Of ~am.ily farms 'and farm use of the land; (

c) preserve green belt land in and around urban areas; (

d) encourage the establishment and maintenance of land in a green belt land reserve for a use ,oompatible with the preservation of a green belt; (

e) preserve land bank land having desirable qualities for urban or industrial development and restrict subdivison Dr use of the land for other purposes; (

f) enoourage the establishment and maintenance of land lin a land bank land reserve for a use compatible with an ultimate use for industrial and urban development; (

g) preserve park land for recreational use; (

h) encourage the establishment and maintenance 'Of land in a park iand reserve for a use compatible with an ultimate use for recreation; 'and (0 ladvise and assist murncipalities and improvement dis tricts in the preparation and production of the land re serve plans required for the purpose of this Act; and, for these objects, it has the power and ioapacity, by itself, or in co-operation with the Government of Canada, or any 'of its agencies lOr corporations, or with a department of the Government of Alberta or any of its agencies or corporations or with a munici pality or improvement district to (

j) purchase or acquir'e land, except by expropriation, on [such terms and conditions as may be negotiated, and hold such land for the purposes of this Act; (

k) dispose of, by sale, lease, Dr otherwise, commission land and Crown land that is in an agricultural land reserve, a green belt land reserve, a land bank land reserve, or a park land reserve, subject to such terms and ,conditions 'as the ,commission may deteTmine; (1) accept gifts of land subject to such terms and conditions as the oommission may determine; and (

m) acquire and hold personal property and dispose of per sonal property S'O acquired by !sale, lease, 'Or otherwise. 3

7. Objects of commission. 3

(2) For the purposes Df this section, the commission may (

a) purchase or acquire land, except by expropriation, in .eluding Crown land; the present condition or future potential of which merits presennation by reason of its ,aesthetic quality or its IDcation in or around urhan areas, as green belt land; (

b) purchase or acquire land, except by expropriation, in cluding CrDwn land, having desirable qualities for urban or industrial development or redevelDpment, as land bank land; and (

c) purchase or acquire ,land, except by expropriation, in cluding CrDwn land having desiraible qualities for, or future potential fDr recreational 'Use, as park land; and upon being so purchased or acquired the green belt land, land bank land or park land is ,established as (

d) a green belt land reserve; or (

e) a land bank land reserve; or (

f) a park land reserve; as ,the 'case may be, and shall be subject to this Act and the regu lations. 8.

(1) For the purposes of

section 7, the ,commission may, subject to this

section with the prior approval of the Lieutenant Governor in Council, designate land, including Crown land, that is suitable for farm use, as agricultural land, and upon being so designated the agricultural land is established as an agricultural land reserve and shaH be subject to this Act and the regulations. (2) (

a) The Minister of Municipal Affairs shall, for every improvement district, and (

b) The Council of every municipality shall, by by-law, for that municipality within 90 days after the coming into force of this Act adopt a land reserve plan prepared in iaccordance with the regulations and file the by-law and land reserve pian with the ,commi1ssion.

(3) The Minister of Municipal Affairs or the Council, as the case may be, shall nDt issue an order for the purpose of this sec tion until he has held a public hearing, notice of which has been given pursuant to

Part 6, Division I of The Planning Act, 1977.

(4) The provisions of

Part 6, Division I of The Planning Act, 1977, apply with the necessary changes ,and so far 'as are applic able, to a hear,ing under subsection (3).

(5) Where the ,cDmmission considers that the ,land reserve plan filed under subsection (2) carries Dut the intent and purpose of this Act, it shall,afier approval of the Lieutenant Governor in Council, designate the agricultural land shown therein as an agri cultural land reserve. ( 6) Where the commission considers it necessary or advisable to amend the land reserv'e plan filed under subsection (2) to better carry out the ,intent and purpose of this Aot, it may recom- 4

8. Designation of land as agricultural land reserve. 4

mend to ,the Lieutenant Governor in Council amendments to the land reserve plan, and shall, after approval by the Lieutenant Governor in Council of the land reserve plan or the land reserve plan as ,amended, designate theagricultura'l land therein as an agricultural land reserve.

(7) Where the council of a municipality or the Minister of Municipal Affairs in the case of an improvement district, as the case may be, fails or refuses to prepare and file a land reserve plan with the commission in accordance with subsection (2) the commission shall, subject to subsections (8), (9), and (10), prepare a land reserve plan and submit the land reserve plan to the Lieutenant Governor in Council for approval. ( 8) The ,commission shaH not submit the land reserve plan prepared under subsection (7) to the Lieutenant Governor in Council until it has held a public hearing, notice of which has been given in writing to each owner of land that is subject to the reserve plan.

(9) F!Qr the purpose of a hearing under subsection (8), (

a) the commission has and may exercise the powers of a Commissioner under The Public Inquiries Act; (

b) the commission may accept written submissions or any other form of evidence; and (

c) notwithsrt!anding 'section 2 (3), 3 members of the commis sion have and may exeroise an the powers of the com mission. ( 10) The Lieutenant Governor in Council may approve a land reserve plan as submitted by the commission under subsec tion (7), or with such alterations or variations as he m'ay oon sider necessary or adviSiable to carry out the intent and purpose of this Act, and the ,commission may thereupon, pursuant to sub section (1), designate the agricultu1'1al land shown therein as an agricultural land reserve. ( 11) N otwiths,tanding the other provisions of this section, pending the establishment of an agricultural land reserve in a municipality or improvement district under this 'section, all land that is zoned for agricultural or farm use under a by--l'aw 'Of the municipality or improvement district subsisting immediately prior to the commencement of this Act shall be deemed to be an agri cultural land reserve and subject ,to rt:his Act and the regulations, unless excepted by the commission. 9.

(1) The Lieutenant Governor in Oouncil, upon the appli cation of a municipality, the Minister of Municipal Affairs or the commission or 'On his own, may, by order, exclude any land, whether Crown land or private land, from the reserve established under

section 8 ( 1) .

(2) Subject to ,subsection (5), an owner of land aggrieved by a designation by the 'commission of his land ,as part of an agricul tural land reserve under

section 8 may, notwithstanding that he appeared before, or made representations to, the 'municipality, or to the Minister of Munioipal Affairs in respect of an improvement 5

9. Exclusions; hearings; appeal. 5

district, 'Or the commission under

section 8 (3) or 8 ( 8 ), apply to the commission in the manner prescribed by the regulations to have his land excluded from the agdcultural 'land reserve.

(3) The commission, after a hearing held in such manner and after such notice as is prescribed by the regulations, may allow the application upon such terms and ,conditions or with such amendments as it oonsiders advis'alble, or may refuse the application.

(4) Notwithstanding

section 2(3), for the purpose of the hear ing, 3 members of the commission have and may exercise all the powers of the commission.

(5) Where land of an 'Owner was, immediately prior to the oommencement of this Act, zoned for agricultural or farm use under a by-law of ,a municipality or order for an improvement district subs,isting on that date, the owner is not entitled to apply to the 'commission under subsection (2) unless so authorized by a resolution of a munioipa'lity or by the Minister of Municipal Affairs in the 'case of an improvement district. ( 6) The oommislsron shall, at the request of the owner, (,

a) deliver to him its decision in writing; and (

b) allow him to examine and make avaHable to him oopies 'Of ail relevant documents in (the custody 'Of the commis sion pertaining to his application.

(7) A person who is dissatisfied with the dedsion of the com mission, (

a) upon being, authorized to appeal by a resoluti'On of the municipality or the Minister of Municipal Affairs as the case may be; and (

b) upon being granted leav'e to appeal by any 2 members of the commission, may appeal, in the m:anner prescribed in the regulations, to the Lieutenant Governor in Council. ( 8) Subject to the procedure presoribed by ,the regulations, an appeal under this

section shall be a hearing and review, but the Lieutenant Governor in Council may aocept written submissions or any other form of evidence, provided any such submis'sion or any 'Other form of evidence is made available to the appeHant.

(9) The Lieutenant Goevrnor in Council may, after a hearing, allow the appeal subject to such terms and conditions as it may consider 'advisable, or refuse the appeal and, in the event the ap peal is refused, mlay order that any oosts of the hearing be paid by the appellant and, in the event the appeal is allowed, shall or der that the reasonable ,costs incurred by the appellant be paid by the commission. ( 10) The commission is entitled Ito be a party on the hearing of the appeal and may take

part in the proceedings. ( 11 ) Where land is excluded from a land reserve plan by order of the commission or the Lieutenant Governor in Council under this section, the commission shaH amend the land reserve plan accordingly and notify the municipality or the Minister of Muni cipal Affairs as the case may be, land the Registflar of Land Titles. 6

10. ( 1) No person shall occupy or use agricultural land de signated las an agricultural land reserve pursuant to

section 8 for any purpose other than farm use, except as permitted by this Act or the regulations or by order of the commission upon such trems and conditions as the commission may impose.

(2) In addition to the exceptions, reservations, or limitations set out in The Land Titles Act, a certificate of title heretofore issued under that Act in respect of agricultural land that is desig nated as an agricultural land reserve shall be subject, by implica tion and without special endorsement on the certificate of title, to this Act and the regulations respecting the reserve and farm use of the land contained therein; and the Registrar of Land Titles shall note on every certificate of title of agricultural land hereafter issued that is designated as an agriculturHI land reserve an en dorsement that the certificate of title may be affected by this Act.

(3) Notwithstanding subsection (2), the commission may, in respect of any agricultural land that is ,an agricultural land re serve, register a caveat in the appropriate Land Titles Offke re stricting the agricultural land described therein to farm use. ( 4) From the date of ,commencement of this Act except as permitted by this Act, or the regulations, or by an order of the commission upon ,such terms and conditions as the cO'mmission may impose, no municipality, or person may use or be authorized to use agricultural land in an agricultural land reserve for a pur pose other than farm use, or be authorised or permitted to' emct a building thereon except (

i) for farm use; or (ii) for residences necessary for farm use; or (iii) such residences for an owner or occupier of the agricultural land as may be permitted to be erected by the regulations. 1.1..

(1) Section 10 does not apply in respect 'Of agricultural land in an agricultural land reserve that, on the commencement of this Act was, by separate certificate of title described as being 2 acres or less in 'area.

(2) Where a use of agricultural land that is within an agricul tural land reserve (

a) is a use other than farm use; and (

b) was established 'and carried 'On continuously fDr a period of at least 6 months immediately prior to the commence 'ment of this Act; and (

c) is permitted by, or is not in contravention of, any other Act, regulation, bY..Jlaw, order or any other law respect ing land use, that agriculturul land is exempted from

section 10 unless and until (

d) the use of ,that agricultural land is changed to a use other than farm use without the permission of the commission; 'Or 7

10. Use of designated agricultural land. II. Application of

section 10; exemptions. 7

(

e) any other Act, regulatiQn, by-law, 'Order, 'Or any 'Other law made a£ter thecQmmencement 'Of this Act, prohibits 'such use; 'Or Cf) permissiQn fQr any other use granted under any 'Other Act, regulatiQn, by-law, 'Or 'Order is withdrawn 'Or expires.

(3) Where agricultural land, exe'mpted under subsectiQn (2), is SQld, le'ased, transferred, transmitted 'Or otherwise disposed of, this Act and the regulatiQns thereuP'On apply tQ that land, except as otherwise permiHed by the cQmmissiQn.

(4) The c'Ommissi'On may, in accQrdance with the regulations, hear and determine applicatiQns fQr permissiQn under subsections (2) and (3), and under sectiQns 10(1) and 10(4) and may grant 'Or refuse permissi'On for a use of the land fQr 'Other than farm use, and may impQse whatever terms and cQnditi'Ons it c'On siders advisable, and except as prQvided in subsecti'On (6), the decisiQn of the ,cQmmissiQn is final and nQ appeal lies from that decisiQn.

(5) Where land 'Of an 'Owner was, immediately priQr tQ the c'Ommencement 'Of this Act, zQned fQr agricultural 'Or farm use under a by-law of a municipality 'Or 'Order 'Of the Minister 'Of Municipal Affairs subsisting 'On that date, the 'Owner is nQt en titled tQ apply tQ the cQmmissiQn fQr permissiQn fQr any other use under sectiQn 10 'Or 11, unless sQauthQrized by a resQlutiQn 'Of a municipality 'Or the Minister 'Of Municipal Af£airs as the case may be. ( 6) An 'Owner 'Of land aggrieved (

a) by an 'Order 'Or decisiQn 'Of the cQmmissiQn refusing per missiQn under sectiQn 10 (1) 'Or 10 ( 4) 'Or under this sec ti'On, 'Or (

b) by the terms and cQnditiQns imposed by the commissiQn in an 'Order made under sectiQn 10(1) 'Or 10(4), 'Or a permissiQn granted under ,this 'sectiQn, may appeal, "On ,a questiQn of law 'Or eXlcess 'Of jurisdictiQn 'Only, tQ the Supreme CQurt, whQ may cQnfirm, vacate 'Or vary the 'Order, terms 'Or cQnditions. :12. With respect tQ agricultural land designated as an agricul tural land reserve, the 'cQmmissiQn may (

a) make agreements with the 'Owners 'Of agricultural land respecting cQntinued farm use 'Of the agricultural land uPQn such terms and cQnditiQns as may be agreed; (b) 'oarry on farming QpevatiQns 'On cQmmissiQn land 'Or agree with 'Other persQns tQ dQ S'O; (IC) withdraw frQm an agricultuflal land r'eserve agricultural Iland owned by the cQmmissiQn and, with the prior ap proval 'Of the Lieutenant GQvernQr in Council, diSPQse of such land tQ the CrQwn £Qr re-sale; and (

d) dispose 'Of agricultural land 'Owned b ythe c'OmmissiQn, with the priQr apprQV'al 'Of the Lieutenant GQvernQr in C'Ouncil, tQ private ownership fQr permanent farm use, 8

12. Powers of commission with respec't to agricultural land reserve. 8

or any other use considered by the commissiQn to be in the public interest, subject to suoh terms and conditions as the commission may determine. 13. The ·commission may make, place, or construct on or bring 'Onto, or cause to be made, placed 'Or constructed on or brought onto, any commission land such capital improvements as it considers necessary or desirable for the efficient development 'Or use of the commissi'On land or other land in the vicinity, and pay for or purchase any capital improvements made, placed or constructed on 'Or brought onto any commission land by any per son. 14.

Where commISSIOn lands are unoccupied or a lease of commission land does not provide for the payment of tax by the lessee, the commission may pay a grant in lieu of taxes. 15. The commission may establish, with the approval of the Lieutenant Governor in Oouncil, a

schedule of fees to be paid to the commission for the prepa:r~ation of leases and other documents, for appraisals and evaluations of land, and f'Or copies of docu ments of the oommission. 16. Land shall be deemed not to be taken or injuriously affec ted by reaSQn 'Of the designation by the commission of that land as an agricultural land reserve. 17. For the purpQses of this Act, the Minister may, subject to the approval 'Of the Lieutenant Governor in Council, enter into such agreements as the Minister considers advisable with (

a) the Government of Canada; (

b) a municipality; (

c) an agent of the Crown; or (d) 'any other department 'Of Government. 18. . ( 1) The oommission shall submit annually to the Minis ter within 90 days after the end of its fiscal year, (

a) la report respecting the operations of the commission for the immediately preceding fis'cal year, and (

b) a financial statement showing the business of the com mission for that fiscal year, in such fOJim as may be re quired by the Auditor General.

(2) The Minister shall table the report and the statement in the Legis!lative Assembly at the earliest opportunity. 19. For the purp'Ose of carrying 'Out the provisions 'Of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and not inconsistent therewith and, without restricting the generality of the foreg'Oing, the Lieutenant Governor in Council may make regula tions 9

13. Improvements of land by commission. 14. Grant in lieu of taxes. 15.

Schedule of fees. 16. Designated land deemed not injuriously affected. 17. Agreements entered into by Minister. 18. Annual report by commission to Legislative Assembly. 19. Regulations. 9

(

a) respecting land reserve plans for, and the designation, es·tablishment, and approval of, agricultural land reserves, and the designation of farm use; (

b) respecting applications to the c'Ommission for permission under

section 10 and

section 11, and the pfactice and procedure for hearing the application, and for applica tions, he'arings and appe1als under sections 8 and 9; (

c) respecting rresidences for 'Owners underr

section 10 ( 4 ) ; (

d) respecting the appraisal of land and the acquisition, by purchase or lease, of land; (

e) respecting applications for sale or lease of commission land or personal property, or Crown land that is in a re serve, and the terms and conditions of sale or lease; (

f) respecting the management and control of commission land; (

g) prescribing the method .of determining the eligibility of applicants to lease or purchase commission land; (

h) prescribing the interest payable in respect of purohases from the commission or arrears of rents; (

i) providing fDr varying, waiving, postponing, or reschedul ing of interest or rent or the payment of interest or rent; and (

j) respecting any other mHtter required for carrying out the purpose of this Act. 20. (1) lIhis Act is subject to The Clean Air Act, The Clean Water Act and The Land Surface Conservation and Reclamation Act, but otherwise except as provided in this Am or in the regula tions, this Act and the regulations are not subject to any other Act or regulation, and no Minister, department or Government or agent 'Of the Crown shall exercise any power granted under any other Act or regulation except in aocordance with this Act and the regulations.

(2) The cDmmission, as agent of the Crown, shall administer as commission land all Crown land that is established as reserve land and may sell, lease, or otherwise dispDs·e of any portion 'Of such land in accordance with this Act upon such terms and con ditions as the commission may determine.

(3) Notwithstanding subsecHon (1), where Crown land that is established as an agricultural land reserve under

section 8 has been leased. by the Crown or SOlId by agreement for sale by the CrDwn and nDt transferred to the purohaser before the commence ment of this Act, and on that date was being used for a purpose other than farm use, and as permitted by, or not in contravention of, the terms and conditions 'Of the leas'e or agreement fDr sale, that use may continue until the termination of the l~ase or the issue 'Of title to the purchaser under the agr'eement for sale. ( 4) Subject to subsection (5), nothing in this Act or the regu lations affects or impairs the validity of a by-law 'Of a municipality or regional order respecting an improvement relating to the use of 10

20. Effect of other legislation; conflict. 10

agricultural land in an agricultural land reserve except insofar as the by ... law or order is contrary to, or is in conflict with, inconsis tent with or repugnant to, this Aot, or the regu1ations, Dr an 'Order of the commission, and in case of any 'conflict, inconsistency or repugnancy between the by-law and this Act, or the regulations, or order of the oommission, this Act or the regul'a1ions or the order of the commission prevails.

(5) A by-law or regulation of a municipality or regional dis trict, or any provision thereof, that is, in any manner, in c'Onflict with, inconsistent with or repugnant to this Act, the regulations or order of the commission, is suspended and of no effect to the ex tent of such conflict, inc'Onsistency or repugnancy. ( 6) A by-law or regulati'On of a municipality or regional dis trict that provides for further or additional restricti'Ons or condi tions respecting farm use of agricultural land than those provided by this Act and the regulations is not, for that reason alone in conflict with, inconsistent with or repugnant to this Act and the regulations.

(7) Subject to subsection (8), The Companies Act does not apply to the commission. (8) 1'he Lieutenant Governor in Council may, by order, de clare that any of the provisions of The Companies Act apply to the commission, and those provisions shall thereup'On apply to the commission. 2~. For the purposes of this Act and the establishment of an agricultura:lland res'erve under

section 8, the Pr'Ovincial Treasurer shall, from time to time as required by the commission, transfer funds to the commission from such money as is appropriated by the Legislature to that purp'Ose. 22. This Act come·s into force on a date to be fixed by Pro clamation. 11

21. Money transferred to the commission. 11 Title: 1978 (18th, 4th) Bill 251, The Land Commission Act

Document details

Collection	Alberta — Bills
Citation	L18 S4 4431
Type	bill
Volume / chapter	L18 S4 4431
Language	en
Format	json
Source	PROVINCIAL
Identifier	f3ed04259034245eb66595e43897112e659859ea

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