Bill 151 — A Bill To Amend the Public Lands Act (Legislature 15, Session 1)

L15 S1 1730

Alberta — Bills

a 1st Session, 1,Sth Legislature, Alberta 12 Eliza:beth II BILL 151 A Bill to amend The Public Lands Act HON. MR. WILLMORE Printed by L. S. WALL. Printer to the Queen'. Most Excellent Majeet,.. Edmonton, Alberta. leU

Explanatory -Notet I. This BHl amends The Public Lands Act, which is

chapter 259 of the Revised Statutes.

Section 2, clause (

g) is revised in the light of the amendment to

section 156 and the repeal of

section 13'8.

Section 5 is revised 'by adding a new subsection to provide for the transfer of administration and control of any public land required for a highway to the Minister of Highways. 4. This

section repeals the provisions of the Act dealing with issuance· and administration of homestead leases, and provides-for the continuing administration of existing leases and for the manner in which applications for homestead leases received ;before the amending Act comes into force are to be dealt with. s.

Section 73, subsection (2) presently reads: "

(2) Tlhe lessee upon applicatio'n to the Director and upon payment of a fee of one di()'llar and dues at the rate of fifty cents per ton, may be granted a permit to cut additional hay on the land covered by the grazing lease for the feed1ing of the lessee's own stock, but not tor' barter or sale.".

BILL An Aet to amend The Publie Lands Aet (Assented to , 1964) HER MAJ~ST~, by and with the adviee. and consent of the LegIslatIve Assembly of the ProvInce of Alberta, enacts as follows: 1. The Public Lands Act is hereby amended. 2. Seetion 2 is amended by striking out elause (

g) and by substituting the following: (g) "Director" means the Director of Lands of the De partment;

Section 5 is amended by adding the following subsec tion:

(3) When plans of survey,s of any public land required for any highway or road as defined in cause (

i) of

section 2 of The Public Highways Act are registered in a land titles office, the administration and control of the public land is thereby transferred to the Minister of Highways. 4.

(1) Part I of the Act is repealed.

(2) Applications for homestead lease'S received by the Director before the twentieth day of April, 19'64, shall be dealt with as if this

section had not been enacted.

(3) Homestead leases granted by the Minister (

a) hefore the twentieth day of April, 1964, or (

b) pursuant to an application dealt with pursuant to subsection (2), are subject to the provisions of The Public Lands Act as it was before this

section was enacted.

Section 73 is amended by striking out subseetion (2) and by substituting the following:

(2) The lessee, upon application to the Director and upon payment of the fees prescribed by the regulations, may be granted a permit to cut additional hay on the land covered by the grazing lease for the feeding of the lessee's own stock, but not for barter or sale.

Section 94 is revised in the light of a ne'w general

section 129a which deals with the manner in which improvements on public lands are to be dealt with. 7. See note to clause 6. 8. A new clause is added to empower the Lieutenant Governor in Council to transfer administration and control of lands to other departments.

Section 129a is revised to consolidate the provisions contained in the old

section and in sections 94 and 95 to provide generally for the administration of improvements and their disposition on public land. 2

6. SectiO'n 94 is struck O'ut and the fO'llowing is sub stituted: 94. Where a lease has been cancelled O'r has expired and any sums owing to' Her Majesty have been deducted frO'm any mO'ney cO'llected O'n accO'unt of imprO'vements frO'm any new occupant O'f the land described in the lease, the Minister may (

a) apply the balance fO'r the purpose O'f paying any debt arising O'ut O'f the use O'f the land described in the cancelled O'r expired lease to any agency of the .crown, any debt owing to' a municipality and any debt owing to' a rural electrification associatiO'n incorpO'rated under The Co-operative Associations Act, and (

b) refund the whole or part of the balance, if any, to' the person who made the imprO'vements O'r to any dependant of that persO'n whO', in the opinion of the Minister, is entitled to it.

Section 95 is repealed. 8. SectiO'n 119 is amended by adding the following clause after clause (r) : (

s) transfer the administration and control O'f any public lands to any department or agency of the Pl-ovince upon the terms and conditions and fO'r the reasO'ns given in the order, 9. SectiO'n 129a is struck out -and the following is sub stituted: 129a.

(1) During the term O'f any disPO'sition of public lands or where (

a) a disPO'sition of public lands is surrendered or can celled O'r has expired, or (

b) any land is withdrawn from a disPO'sitiO'n of public land, the Minister in his discretion may decide whether or not any building O'r other improvement is affixed to the land and is to be considered a part thereO'f.

(2) When a disposition of public lands is surrendered or cancelled O'r has expired or when any land is withdrawn frO'm a disPO'sition O'f public lands, the persO'n to whO'm the dispositiO'n was made may (

a) subject to' subsectiO'n (4), and (

b) befO're the expiratiO'n O'f one mO'nth fO'llowing the date of surrender, cancellatiO'n, expiration O'r with- drawal, remO've from the public lands any chattels owned by him and any buildings O'r imprO'vements erected or created by him. 2

(3) The Director may, by notice in writing addressed to the person to whom a disposition was made, extend the period of time provided by subsection (2).

(4) Any chattels, buildings or other improvements on public lands are forfeited to the Crown in right of the Province when (

a) the period of time provided by subsection (2) and any extension thereof prescribed by the Director has expired, or (

b) at the time any disposition of the public lands is cancelled or expired, the person to whom the dis position was made is indebted to the Crown or to the Minister.

(5) When any chattels, buildings or other improvements on Crown land are forfeited to the Crown pursuant to clause (

b) of subsection (4), the Minister may (

a) sell the chattels, buildings or other improvements in satisfaction of the indebtedness, and (

b) refund to the person to whom the disposition was made the amount, if any, by which the proceeds exceed the expenses of the sale and the indebted ness.

(6) When (

a) the Minister in his discretion decides that any building or other improvement is affixed to and forms a part of public land and the building or improvement is not owned or was not created by any person who occupi'es the public land pursuant to a disposition, or (

b) the building or other improvement is forfeited to the Crown pursuant to clause (

a) of subsection (4), the Minister may authorize any person to remove, demolish, sell or otherwise dispose of the building or improvement.

(7) When the Minister issues an authorization to any person pursuant to subsection (6), he may require that per son to (a) (

b) post a notice on the building or improvement stat ing that, on or after the thirtieth day following the posting of the notice, the building or .imp,rovement will be removed from the land, de'mohshed, sold or otherwise disposed of, and cause a notice to appear once a week for two con secutive weeks in a newspaper circulating in the vicinity of the land upon which the building or im provement is situated describinIf th~ l?uil~ing or improvement, the land upon WhICh It IS SItuated, and stating that it will be removed, demolished, sold or otherwise disposed of on or after the thirtieth day following the last appe'arance of the notice. 3

Section 134. is revised to permit payment of all arrears that accumulate between the date of seizure and the date of sale from the proceeds of the sale of the grain seized at anyone time. II. The P!I'OVlSlOns of

section 138 are incorporated in a new

section 156. 4

(8) During the term of any disposition of public land the Minister may authorize any person to enter upon the land and remove any chattels, fencing, buildings, or other improvements that are not 'Owned by the person to whom the disposition was made.

(9) Where any chattel other than an improvement deemed by the Minister to be affixed to the land and to form a part thereof is found on any Crown land and the owner thereof cannot be ascertained or located upon reason aJble ,enquiry, the Minister may cause the chattel to. be con fisc'ated, removed from the Crown land and disposed of in any manner he thinks fit.

(10) When the owner of a.ny chattel referred to in sub section (9) is ascertained, the IVIinister may by notice in writing (

a) require the 'Owner to re'move the chattel from the Crown land on or bef'Ore a day designated in the n'Otice, and (

b) advise the 'Owner that if the notice is, not complied with the chattel may be confiscated and disposed 'Of in any manner the Minister thinks fit.

(11) When (

a) the Minister disposes of any chattels, buildings 'Or 'Other improvements pursuant to subsection (5), (

b) any building or other improvement is dispos·ed of pursuant to subsection (6), (

c) any chattel is confiscated, removed and disposed of pursuant to subsection (9), all the right, title and interest of any perso.n who may be the 'Owner 'Of the building, improvement or chattel shall end.

Section 134 is amended by striking out subsection (5) and by substituting the following:

(5) When any grain is seized pursuant to this section, the officer making the seizure may sen all of the grain seized or a sufficient quantity thereof to satisfy the total amount 'Owing by the lessee at the time the grain is sold.

(6) Where the amount owing by the lessee at the time the grain is sold exceeds the amount he 'Owed when the seizure was made, the officer shall, before he sells the grain, deliver an amended notice in Form B to the lessee.

(7) The Minister may refund to the lessee the amount, if any by which the proceeds of the sale exceed the expenses of the sale and the total am'Ount 'Owing by the lessee at the time the grain is sold.

(8) No officer while discharging his duties under this section, or any officer assisting him, is liable for trespass on privately owned land.

Section 138 is rep·ealed. 4

Section 142 presently reads: "142.

(1) If upon any disrposition of public lands the payment of a.ny money payable as the conslideration therefor is deferred to a date sub sequent to the making of the disposition, then, subject to any express agreement to the contrary, it bears interest at the rate olf three and one-ha.lf per cent per annum.

(2) If any money payruhle under any sale, lease, licence or permit is not p'aid within one month from the date on which it becomes due, it bears interest at the rate of four and one-half per cent per annum from the due date.".

Section 156 is revised to exp'and the Minister's power to delegate the various powers, duties and functions conferred upon him by the Act and to expand this power to delegate as contained in the present section.

Section 16,3 is revised to provide for the new type of home stead sale of public lands to be entered into by the Minister after the discontinuance of homestead leases. IS.

Section 16'6, subsection (4) is revised to increase the distance between homestead land and land owned, possessed 01' controlled by the applicant.

Section 168 is revised to reflect the new provisions regarding homestead sales. 5

Section 142 is struck out and the following is sub stituted: 142. If upon any disposition of public lands the payment of any money payable as the consideration therefor is d.eferred to a ~ate subsequent to the making of the disposi tIon, then, subject to any express agreement to the contrary, it bears interest at the rate of four and one..,half per cent a year. '

Section 156 is struck out and the following is sub stituted: 156.

(1) The Minister may, in writing, authorize the Director or any employee of the Department to exercise those powers, duties and functions conferred upon him by this Act that may, in his opinion, be exercised by the Director or employee.

(2) The Director may, in writing, authorize any em ployee of the Department under his supervision to exercise those powers, duties and functions conferred upon him by this Act that may, in his opinion, be exercised by the em ployee.

Section 163 is struck out and the following is sub- stituted: ' 163.

(1) The Minister may agree to sell parcels of adj oining public lands not exceeding three quarter sections in area for settlement as homesteads.

(2) When the Minister agrees to sell public lands pur suant to subsection (1), the agreement shall be called a homestead sale.

(3) When the Minister enters into a homestead sale between the first day of January and the thirtieth day of June in any year, the agreement takes effect on the first day of January in that year.

(4) When the Minister enters into a h~mes~ad sale be tween the first day of July and the thIrty-fIrst day of December in any year, the agreement takes effect on the first day of January in the following year.

(5) Notwithstanding subsections (3) and (4), th~ pur chaser named in a homestead sale may take posseSSIOn of the land described in the agreement on the date it is ex ecuted.

Section 166, subsection (4) is amended by striking out the word "five" and by substituting the word "seven".

Section 168 is amended by striking out SUbsections (2a) and (3) and by substituting the following: 5

Section 170, subsection (1) is revised to provide a new method of calculating the sale price of public land sold for use and development as a homestead. 18. The provisions respecting cultivation duties ar'e amended. 19. 172a and 172,b. New sections are enacted for the purpose of creating requirements as to residence on the land sold for use and development as a homestead. 6

(3) Where an application for a homestead sale is accepted and the applicant refuses to execute the agree ment or fails to comply with any condition required to be complied with before the agre.ement is executed, the fee paid by the applicant or any portion of it may be forfeited to the Minister.

(4) Where the Minister enters into a homestead sale the application fee paid by the purchaser shall be applied on account of the payment of the first instalment of the pur .. chase price.

(5) The Minister in his discretion and in any manner he considers warranted may restrict the acceptance of applica tions for any specific land or for land in any particular district, and the Minister shall ,settle in such manner as he considers best all disputes that arise between persons claiming the right to homestead the same land.

Section 170 is amended by striking out subsection (1) and by substituting the following: 170.

(1) The price of public land sold pursuant to this Part shall be determined by the Minister who may for this purpose consider (

a) the value of the public land determined by an officer of the Department who has inspected it, (

b) the duties to be performed by the purchaser, and (c)' the cost of constructing any works or improvements required to provide access to or facilitate the settle ment of the land.

Section 171 is amended by adding the fonowing sub .. section:

(4) Notwithstanding the failure of the purchaser to perform his residence in any year, the cultivation he com .. pletes pursuant to this

section for that year shall be credited to him. 19. The following sec~ions are added after

section 172: 172a.

(1) Every purchaser shall reside (

a) on the land described in his homestead sale, or (

b) on land in the vicinity, as required by subsection (4), for a total of at least th~ee months in each year of the term of the sale commencIng not later than the first day of July in the seventh year of the term.

(2) Subject to

section 195, a notification may be issued to a purchaser before the completion of the term of his sale if he resides (

a) on the land described in his homestead sale, or 6

Section 180 is revised by providing that· a homestead lessee may not apply for a sale unless he has complied with all the pro visions of his homestead lease except those governing his per iformance of residence or cultivation duties. 7

(

b) on land in the vicinity, as required by subsection (4), for a total of twelve months in two or more years commencing at any time after the third year of the term of the sale. ~3~ Every purchaser shall comply with subsection (2) by reSIdIng on the land for a total of . (

a) not less than three months or more than -nine months in any one of two calendar years, (

b) six months in each of any two calendar· years, . (

c) four months hi each of any three calendar years, or (

d) three months in each of any four calendar years.

(4) Every purchaser shall reside in a habitable house situated on the land described in the homestead sale or on a farm containing an area of at least eighty acres that is, in the opinion of the Minister, situated within a radius of seven miles from the land descrihed in the homestead sale. ( 5 ) For the purpose of this

section one month shall be deemed to be a period of thirty consecutive days.

(6) Residence by· the family in the absence of the pur chaser may not be counted towards fulfilment of -the· re·si dence requirements.

(7) Any period of time spent on a homestead .or on a farm in the vicinity of the homestead during which the purchaser was chiefly engaged in an occupation other than farming shall not count as a period of residence for the purposes of this section.

(8) Where a homestead sale has been cancelled and a new homestead sale comprising any of the former homestead is issued to the same purchaser, the purchaser is in the same position with respect to residence duties under the new sale as he would be in if the date of the new sale and the date of the commencement of its term were the same as the date of the cancelled sale and the date of the commencement of the term of the cancelled sale.

(9) Residence duties performed in any year in accord ance with this

section count to the credit of the purchaser even though the purchaser fails to comply with the cultiva tion requirements in the same year. 172b. The Minister may grant an extension of time to the purchaser for the performance of the terms and condi tions of the homestead sale.

Section 180, subsection (2) is amended by striking out clause (

a) and by substituting the following: (

a) where the homestead lessee has failed to comply with the provisions of the homestead lease, except those governing his performance of residence, cul tivation duties or the erection on the leasehold of a 7

Section 185, subsection ('1), clause (

a) and subsection (3) presently read: "185.

(1) Subject to

section 186, the Ministe,r may cancel a. homestead sale where the purchaser (

a) has not performed, or misrepresents the performance of, his cultlvaUon duties, II .............. "(3) Subsection (2) 8.lPP1ies only in respect of homestead sale8 a.p piled tor on or alter the first day of December, 1962.".

Section 195 is revised and consolidated to include the performance of periods of residence as one of the conditions upon which a notification may be issued to a purchaser of homestead lands, and to consolidate these provisions with the provisions of

section 197.

ha.hitabl,e dwelling house of the value of at least five hundred dollars by the end of the third calendar year of the lease,

Section 185 is amended (

a) as to subsection (1) by striking out clause (

a) and by substituting the following: (

a) has not performed or misrepresents the per formance of his residence or cultivation duties, (

b) by striking out subsection (3) and by substituting the following:

(3) Su!bsection (2) applies only in respect of homestead sales applied for between the first day of December, 196:2" and the seventeenth day of April, 1964.

Section 195 is struck out and the following is sub stituted: 195.

(1) A notification may be issued to every pur chaser named in a homestead sale after the expiration of the fifth yea.r of the term of the s·ale who 8 (

a) submits an application containing information satisfactory to the Minister, (

b) has paid the purchas'e price or is entitled to a credit pursuant to this

section sufficient to pay the pur chase price, (

c) has performed his cultivation duties for not less than five years, (

d) has performed a minimum of twelve months' resi dence as required by

section 172a, (

e) has repaid all money loaned to him pursuant to The Homestead Lease Loan Act, (

I) obtains the consent of the Director, The Veterans' Land Act (Canada) where he owes any money advanced to him by the Dir,ector pursuant to The Veterans' Land Act (Canada), (

g) is a Canadian citizen or British subject at the time he submits his application, (

h) has not fraudulently misrepres,ented any of the in formation contained in his application, and (

i) satisfies the Minister that he has been primarily occupied as a farmer for at least one year imme diately before the date of his application for notifi cation if he submitted his application to become a purchas·er hetween the first day of Decemiber, 19,62 and the seventeenth day of April, 1964.

Section 197 is consolidated with the new

section 195. The provisions of

section 198 are now contained in

section 163, sub section (5). 24. The sections named in

section 201 apply to leases generally and are made to apply mutatis mutandis to agreements for the sale of homestead lands. ~5. Commencement of Act. 9

(2) Where the purchaser performs, his residence in a habitable house worth, in the opinion of the Minister, at least one thousand dollars, constructed on a permanent foundation on the land described in his homestead sale an~d . his applica;ti?n for notification is approved by th~ MInIster, the MInIster may grant to the purchaser a credit of two dollars per acre not exceeding the total sum of five hundred dollars and may (

a) apply all or any portion of the total sum in payment of any unpaid balance of the purchase price, or (

b) pay the total sum or any. portion of it to the pur chaser.

(3) The credit referred to in subs,ection (2) shall not be granted f (

a) where the purchaser performs his residence in a habitable house worth, in the opinion of the Minis .. ter, less than one thousand dollars·, or (

b) where the purchaser performs his residence on land in the vicinity of the land described in the home stead sale.

(4) Where a purchaser dies or is menta.lly incompetent and his application for notification is made by his personal repres·entative, the personal representative ;is not required to prove that the deceased or mentally incompetent pur .. chaser was or is a Canadian citizen or British subject. 23. Sections 197 and 198 are repealed.

Section 201 is struck out and the following sections are substituted: 201. Sections 84b, 85,. 86, 87a, 88, 89, 90, subsection (1) of

section 91, and sections 92 to 99, s·ections 101 to 103, sections 105, 107 and 108 apply mutatis mutandis to home stead sales and to the purchasers therein named. 202.

(1) Applications for the purchase of public lands for settlement as homesteads received by the Director be fore the twentieth day of April, 19'64, shall be dealt with in accordance with the provisions of The Public Lands Act as it was before this

section was enacted.

(2) IHomestead sales entered into by the Minister (

a) before the twentieth day of April, 19'64, or (

b) pursuant to an application dealt with pursuant to subsection (1), are subJect to the provisions of The Public Lands Act as it was before this

section was enacted. 2,5. This Act comes into force on the twentieth day of April, 1964. 9

No. 151 FIRST SESSION FIFTEENTH LEGISLATURE 12 ELIZABETH II 1964 BILL

An Act to amend The Public Lands Act Received and read the First'time Second time Third time RON. MR. WILLMORE Title: 1964 (15th, 1st) Bill 151,

An Act to amend The Public Lands Act

Document details

Collection	Alberta — Bills
Citation	L15 S1 1730
Type	bill
Volume / chapter	L15 S1 1730
Language	en
Format	json
Source	PROVINCIAL
Identifier	f558f705c0938cf4c8533138d3795f27b9224aa4

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