Alberta Queen's Printer:

PUBLIC LANDS ACT

Chapter P‑40

Table of Contents

1 Definitions

1.1 Incorporation of documents by reference

Application of Act

2 Application of Act

Rules of Law

3 Title to beds and shores, etc.

4 Acquisition by prescription

Part 1
Administration of Public Land

Officers

5 Appointment of officers

6 Forms

Powers of the
Lieutenant Governor in Council

7 Powers of Lieutenant Governor in Council

8 Regulations

9 General regulations

9.1 Rent, fees and other charges

10 Variation of rentals under right of entry orders

Powers of the Minister

11 Classification of land

11.1 Conservation and resource management

12 Transfer of administration

13 Purchase of land

14 Restrictions on dispositions

15 Terms and conditions of disposition

16 Minister’s powers re application

17 Equity in Crown land as part of price

18 Sale of land

19 Grant of public land

20 Occupation of land

21 Agreements re use of land

22 Prohibition re sales to non-Canadians

23 Surveys

24 Grants made in error

25 Withdrawal and overlapping dispositions

26 Cancellation of disposition

27 Procedure for cancellation

28 Reinstatement of disposition

29 Application of purchase money

Notifications

30 Notifications

31 Assistance in effecting sale

32 Notifications to deceased persons

33 Correction of grant

34 Refusal to issue notification

Dispositions

35 Exceptions and reservations in disposition

36 Execution of disposition by Crown

37 Execution by holder

38 Number and gender

39 Rights of holder

40 Disposition of fees

41 No warranty re land

42 Minors

43 Consent to assignment, etc.

44 Minister to determine compliance

Recovery of Rent, etc.

45 Recovery by distress

46 Seizure of grain

Unauthorized Use of Public Lands

47 Unauthorized use

47.1 Order to vacate

48 Payment for unauthorized use

49 Recovery of penalty

50 Disclosure of information

51 Unauthorized seeding of crops

52 Seizure of clay, marl, sand or gravel

53 Destruction of or injury to surface

54 Prohibitions

54.01 Prohibited uses of roads, etc.

54.02 Disposition of seized items

54.03 Court orders

54.04 Actions by police officer

54.05 No compensation for damages

Enforcement

55 Offence

56 Offences re Crown land, property, etc.

57 Obstructing officer

58 Prohibited practices at sales

59 General penalty

59.1 Enforcement order

Miscellaneous

60 Improvements

61 Application of money collected for improvements

62 Disposal of chattels and improvements after termination
of disposition

62.1 Access for recreational purposes

63 Duties of holder

64 Shelter belts, etc.

65 Sale of disposition in execution

66 Exemption from tax recovery proceedings

67 Application of rent on taxes

68 Inspection of grain records

69 Right to enter on land

70 Demand for rent

71 Action for damages

Part 2
Dispositions not Leading to Title

72 Definitions

73 Refusal to issue lease

74 Age of applicant

75 Liability of lessees

76 Protection of lessees

77 Use of land

78 Use of cordwood and timber

79 Exemption from rent payment

80 Title to crops

81 Cancellation of lease

82 Withdrawal from lease

Part 3
Homestead Sales

83 Definitions

84 Application of Part 3

Purchase Price and Cultivation Duties

85 Purchase price

86 Cultivation duties

87 Extension of time

88 Exemption from taxation

Homestead Sales in Substitution for Homestead Leases

89 Obligations of purchaser

Cancellation

90 Cancellation of homestead sale

91 Compensation and refunds after cancellation

92 Relief from cancellation

93 Assignments

94 Postponement of obligations

95 Sale of homestead sale

Assignments

96 Assignments

Application for Title

97 Application for title

98 Affidavits with application

Miscellaneous

99 Improvements

100 Use of land

101 Use of timber

Part 4
Grazing Leases

102 Grazing lease

103 Annual rent

104 Grazing capacity of land

105 Grazing leases held by grazing association

106 Residence

107 Community grazing reserve

108 Regulations

109 Withdrawals from grazing leases

110 Cancellation or withdrawal after assignment refusal

111 Grazing lease of deceased lessee

112 Proof of corporate lessee

Part 5
Registration of Assignments

113 Definitions

114 Registration of assignment

114.1 Assignment charges

115 Effect of registration of assignment

116 Assignments where holder assignor and assignee

117 Registration deemed to confer consent

Part 6
Homestead Leases Under Former Act

118 Homestead leases

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1 In this Act,

(a) “adjoining land” means

(i) parcels of land that adjoin or corner,

(ii) parcels of land separated by a road allowance or a surveyed highway or road that would adjoin or corner if they were not so separated, or

(iii) parcels of land on either side of a correction line that are declared by the Minister to be adjoining land for the purposes of this Act;

(a.1) “agricultural disposition” means an agricultural disposition within the meaning of the regulations;

(b) “Assistant Deputy Minister” means the Assistant Deputy Minister designated by the Minister;

(c) “certificate of title” means a certificate of title granted pursuant to the Land Titles Act in respect of an estate in fee simple;

(c.1) “conservation” means the planning, management and implementation of an activity with the objective of protecting the essential physical, chemical and biological characteristics of the environment against degradation;

(d) “Department” means the Department administered by the Minister;

(e) “disposition” means every instrument executed pursuant to this Act, the former Act, The Provincial Lands Act, RSA 1942 c62, or the Dominion Lands Act (Canada), RSC 1927 c113, whereby

(i) any estate or interest in land of the Crown, or

(ii) any other right or privilege in respect of land of the Crown that is not an estate or interest in land,

is or has been granted or conveyed by the Crown to any person and, without derogating from the generality of subclauses (i) and (ii), includes a conveyance, assurance, sale, lease, licence, permit, contract or agreement made, entered into or issued pursuant to any of those Acts, but does not include a grant;

(f) “farm” means an area of land on which commercial farming or ranching operations are conducted;

(g) “former Act” means The Public Lands Act, SA 1949 c81 and RSA 1955 c259;

(h) “grant” means letters patent under the Great Seal of Canada or a notification issued pursuant to The Provincial Lands Act, RSA 1942 c62, the former Act or this Act;

(i) “holder” means the holder of a disposition according to the records of the Department;

(j) “issue”, with reference to a disposition that is required to be executed by the holder, means to mail or deliver 2 or more copies of the disposition to the intended holder for execution by the intended holder;

(k) “land” does not include mines and minerals;

(l) “livestock” means horses, sheep, cattle and, to the extent permitted by the regulations, bison;

(m) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

(n) “notification” means a notification in the prescribed form;

(o) “officer” means the Assistant Deputy Minister, an inspector or an employee of the Department designated as an officer by the Minister;

(p) “public land” means land of the Crown in right of Alberta;

(q) “Registrar” means the Registrar within the meaning of the Land Titles Act;

(r) “rent” includes royalties, dues, fees, rates, charges or other money payable by any person to the Crown in right of Alberta under and by virtue of any disposition, but does not include money payable as the whole or part of a purchase price;

(s) “township”, “section”, “half section”, “quarter section”, and “legal subdivision” mean

(i) a township, section, half section, quarter section or legal subdivision, respectively, within the meaning of the Surveys Act, or

(ii) with reference to unsurveyed territory, what would be a township, section, half section, quarter section or legal subdivision, respectively, if the land were surveyed in accordance with the Surveys Act;

(t) “Transfer Agreement” means the agreement in the Schedule to The Alberta Natural Resources Act, SA 1930 c21, and all amendments to that agreement;

(u) “veteran” means a person certified under the Veterans’ Land Act (Canada) as a veteran.

RSA 2000 cP‑40 s1;2003 c11 s3(2);2003 c46 s2;
2006 c21 s26

Incorporation of documents by reference

1.1 A regulation under this Act may adopt or incorporate in whole or in part or with modifications documents that set out standards, codes, objectives, guidelines or other bodies of rules that relate to any matter in respect of which a regulation may be made under this Act if the standards, codes, objectives, guidelines or other bodies of rules have been published and copies are available.

2003 c11 s3(3)

Application of Act

2(1) Except where this or any other Act expressly provides to the contrary, this Act does not apply to public land that is not under the administration of the Minister.

(2) All public land is under the administration of the Minister except that public land that is, by virtue of any other Act or an order of the Lieutenant Governor in Council, under the administration of another Minister of the Crown or of a Crown corporation.

(3) Unless otherwise provided in this Act, every disposition made or entered into

(a) under the former Act or the regulations under it, or

(b) under The Provincial Lands Act, RSA 1942 c62, or the Dominion Lands Act (Canada), RSC 1927 c113, or the regulations under those Acts and relating to land,

and any renewal or reissue of that disposition are in every respect subject to this Act and the regulations made under this Act.

RSA 1980 cP‑30 s2;1982 c30 s3

Rules of Law

Title to beds and shores, etc.

3(1) Subject to subsection (2) but notwithstanding any other law, the title to the beds and shores of

(a) all permanent and naturally occurring bodies of water, and

(b) all naturally occurring rivers, streams, watercourses and lakes,

is vested in the Crown in right of Alberta and a grant or certificate of title made or issued before, on or after May 31, 1984 does not convey title to those beds or shores.

(2) Subsection (1) does not operate

(a) to affect a grant referred to in subsection (1) that specifically conveys by express description a bed or shore referred to in subsection (1) or a certificate of title founded on that grant,

(b) to affect the rights of a grantee from the Crown or of a person claiming under the grantee, when those rights have been determined by a court before June 18, 1931, or

(3) For the purposes of subsection (1), a river, stream or watercourse does not cease to be naturally occurring by reason only that its water is diverted by human act.

RSA 1980 cP‑30 s3;1984 c34 s3

Acquisition by prescription

4 No person may acquire by prescription an estate or interest in public land or, as against the Crown, in any other land.

RSA 1980 cP‑30 s4

Part 1
Administration of Public Land

Officers

Appointment of officers

5 In accordance with the Public Service Act, there may be appointed an Assistant Deputy Minister, inspectors and any other employees necessary for the administration of this Act.

RSA 1980 cP‑30 s5;1994 cG‑8.5 s62

Forms

6 The Minister may prescribe forms to be used for the purposes of this Act.

RSA 2000 cP‑40 s6;2003 c11 s3(4)

Powers of the Lieutenant
Governor in Council

Powers of Lieutenant Governor in Council

7 The Lieutenant Governor in Council may

(a) authorize the Minister to sell public land to a municipal corporation or Metis settlement at a price to be determined by the Minister;

(b) authorize the Minister to make any disposition or grant of public land in any special case for which no provision is made under this Act or the regulations;

(i) for use as a provincial park, historical site, natural area, ecological reserve, wilderness area, heritage rangeland, forest reserve, forest recreation area, wildlife sanctuary, habitat conservation area, public shooting ground or public resort or for the development of any natural resource, or

(ii) for the purposes of the Government of Canada, either with or without consideration;

(d) transfer the administration of any public land from one Minister of the Crown or Crown corporation to any other Minister of the Crown or Crown corporation;

(e) transfer the administration and control of any public land, whether the land is under the administration of the Minister or another Minister of the Crown, to the Crown in right of Canada on the terms and conditions and for the reasons set out in the order;

(f) authorize the Minister to enter into agreements with the Government of Canada pertaining to the settlement and rehabilitation of veterans on public land, and order the payment out of the General Revenue Fund of any money payable by the Government of Alberta under such an agreement;

(g) authorize the Minister to enter into an agreement with the Crown in right of Canada to transfer to Canada for national park purposes the right, title and interest of the Crown in right of Alberta to any public land;

(h) make any orders that may be necessary

(i) to carry out this Act according to its intent,

(ii) to carry out the Transfer Agreement, or

(iii) to meet cases that arise and for which no provision is made in this Act.

RSA 2000 cP‑40 s7;RSA 2000 c34(Supp) s14

Regulations

8(1) The Lieutenant Governor in Council may make regulations authorizing and governing dispositions of public land including, without limitation, regulations

(a) restricting the use to be made of land that is the subject of a disposition;

(a.1) limiting or restricting the areas of the province in respect of which the Minister may issue dispositions or certain kinds of dispositions;

(b) respecting the rights, duties and obligations of disposition holders;

(d) defining “agricultural disposition”;

(e) defining “exploration” for the purposes of section 9(b.2);

(f) defining “animal unit” and establishing zones for the purposes of section 114.1;

(g) respecting associated corporations and what constitutes a change in beneficial ownership for the purposes of section 114.1;

(h) providing for the enforcement of compliance with the regulations in respect of dispositions and for the recovery of money payable under or in respect of dispositions including, without limitation, the recovery of amounts owing by disposition holders to other persons by virtue of the operation of this Act or the regulations, or a term or condition of a disposition;

(i) varying, making inapplicable or authorizing the waiver of compliance with any of the provisions of Part 2;

(j) providing for any other matter or procedure related to dispositions.

(2) The regulations may be made retrospective as well as prospective where a disposition was made pursuant to regulations under the former Act in force on April 5, 1958, and the validity of those regulations is in doubt.

(3) The Lieutenant Governor in Council may make regulations

(a) authorizing the Minister to sell public land by public auction, private sale or tender on the terms and conditions prescribed by the Minister and at a price not less than the fair value of the land and, for that purpose, the Minister may take into consideration the purposes for which the land will be used;

(b) authorizing the Minister to exchange public land for other land, when in the opinion of the Minister adequate compensation is obtained for the public land;

RSA 2000 cP‑40 s8;2003 c11 s3(5);2003 c46 s3

General regulations

9 The Lieutenant Governor in Council may make regulations

(a) prescribing the terms and conditions on which any persons may use public land for the purpose of exploration as defined in Part 8 of the Mines and Minerals Act and governing the conduct of the exploration in relation to the use of public land;

(b) permitting, prohibiting or regulating the use of any public land that is not the subject of a disposition;

(b.1) providing for one or more means of settling disputes in respect of any matter under the regulations including, without limitation, disputes

(i) among holders of dispositions, applicants for dispositions and persons who are or may be affected by operations under a disposition;

(ii) between the holder of an agricultural disposition and a person who wishes to exercise or exercises a right of reasonable access under section 62.1;

(b.2) without limiting clause (b.1), providing for one or more means of settling disputes between the holder of an agricultural disposition and a person who wishes to carry out exploration on the land that is the subject of the agricultural disposition, including but not limited to

(i) authorizing the Surface Rights Board to hear matters related to compensation and damage resulting from exploration, and to issue orders for compensation and right of entry orders,

(ii) making provisions of the Surface Rights Act applicable, with any modifications that are necessary, for the purposes of subclause (i),

(iii) generally, governing proceedings before the Surface Rights Board for the purposes of subclause (i),

(iv) authorizing an appeal or review body to hear or review matters related to operational and land use concerns in connection with the disputes, and

(v) generally, governing proceedings before an appeal or review body for the purposes of subclause (iv);

(b.3) providing for appeals from enforcement orders issued under section 59.1;

(c) exempting any member of the Canadian Forces from the performance of any covenant, condition or obligation of a disposition;

(d) establishing the procedure for the submission of applications for dispositions and the requirements to be met by applicants to render them eligible to obtain the disposition;

(e) requiring or prohibiting the registration of assignments of any dispositions and prescribing the manner of execution of assignments and the conditions on which the assignment of a particular disposition may be accepted for registration;

(f) requiring the submission of agreements affecting dispositions for the consent of the Minister and prescribing the conditions on which the Minister may refuse the Minister’s consent;

(g) prescribing the rate of interest on money payable as the whole or part of the consideration under a disposition, the payment of which is deferred to a date subsequent to the date of the disposition;

(h) prescribing the rate of interest on money payable under a disposition that is not paid within one month from the date it is due;

(i) repealed 2003 c11 s3(6);

(j) providing, as to any provision in any regulations under this Act, that its contravention constitutes an offence;

(k) generally for the carrying out of this Act according to its intent or to meet cases that may arise and for which no provision is made by this Act.

RSA 2000 cP‑40 s9;2003 c11 s3(6)

Rent, fees and other charges

9.1(1) Subject to sections 103(1)(a) and 114.1 and the regulations under subsection (3), the Minister may, by order,

(a) prescribe or provide for the manner of prescribing

(i) the rent or other amounts to be paid to the Crown in respect of dispositions,

(ii) the fees and other charges to be paid in connection with the submission of anything to the Crown or for any service or thing provided by the Crown under this Act, and

(iii) the fees and costs that are payable in respect of any mechanism for settling disputes that is established under the regulations;

(b) provide for a lesser charge than would otherwise be payable under section 114.1 in the case of an assignment or share transaction involving next of kin or the beneficiaries of an estate.

(2) The Regulations Act does not apply to an order under this section.

(3) The Lieutenant Governor in Council may make regulations

(a) imposing terms and conditions on the exercising by the Minister of the Minister’s power under subsection (1);

(b) setting out matters that the Minister may or must consider in exercising the Minister’s power under subsection (1).

2003 c11 s3(7)

Variation of rentals under right of entry orders

10(1) Notwithstanding the Surface Rights Act, where a new right of entry order is granted under the Surface Rights Act with respect to public land, whether or not the land is occupied, the compensation payable to the Crown under the order is to be an amount equal to the current charges payable under this Act for a new mineral surface lease.

(2) Notwithstanding the Surface Rights Act, the Minister may, within 180 days after each 5th anniversary date of the order, vary the amount of the compensation payable to the Crown under a right of entry order as defined in the Surface Rights Act in respect of public land that is the subject of the order to an amount not exceeding the current rental payable under this Act for a mineral surface lease.

(3) Subsection (2) applies to right of entry orders granted before or after this section comes into force.

1995 c23 s19

Powers of the Minister

Classification of land

11 The Minister may by order classify public land and declare the use for which the Minister considers different classes to be adaptable.

RSA 1980 cP‑30 s10

Conservation and resource management

11.1 The Minister may establish and support programs and initiatives for the purpose of conservation and resource management including, without limitation, programs and initiatives

(a) to assist in resource protection and enhancement,

(b) for the purposes of education and research, and

2003 c11 s3(8)

Transfer of administration

12(1) Except where the Lieutenant Governor in Council orders otherwise, any Minister of the Crown or Crown corporation may transfer the administration of public land under the Minister’s or Crown corporation’s administration to any other Minister of the Crown or Crown corporation where the area of land the administration of which is to be transferred is less than 640 acres.

(2) No transfer may be made under subsection (1) without the written consent of the Minister of the Crown or the Crown corporation to whom the administration is to be transferred.

1982 c30 s7

Purchase of land

13 The Minister may purchase any estate or interest in land and any personal property in conjunction with it when in the Minister’s opinion the land is required to carry out or assist in carrying out any policy, program, service or other matter under the Minister’s administration.

RSA 1980 cP‑30 s11

Restrictions on dispositions

14 The Minister may

(a) restrict the disposition of or withdraw from disposition any public land in any specified area in any manner the Minister considers warranted, or

(b) prescribe, as to any specified public land or as to public land in any area, when and on what conditions applications for dispositions may be made.

RSA 1980 cP‑30 s13

Terms and conditions of disposition

15(1) Subject to the regulations, the Minister may make and renew a disposition for any term the Minister considers appropriate.

(2) The Minister may, in a disposition or renewal, prescribe terms and conditions to which the disposition is subject.

RSA 2000 cP‑40 s15;2003 c11 s3(9)

Minister’s powers re application

16(1) The Minister may

(a) defer the Minister’s approval of an application for a disposition until an investigation has been made of the land for which application is made, or

(b) refuse an application for a disposition at any time before the disposition is issued.

(2) The Minister in the Minister’s discretion may in any manner refuse to accept applications for any specific land or for land in any particular district, and the Minister may settle in any manner the Minister considers best all disputes that arise between persons applying for the same disposition and the Minister may require the several applicants to submit tenders.

RSA 1980 cP‑30 s15

Equity in Crown land as part of price

17 The Minister may, in the case of an application for a homestead sale or other sale of agricultural land made by a person who is the holder of a disposition under which the person may become entitled to an estate in fee simple in other public land, enter into an arrangement with the proposed purchaser whereby the Minister, in consideration of the consent of the purchaser to the cancellation of the purchaser’s disposition, will accept the purchaser’s interest, at its fair value, in the public land held by the purchaser under the disposition in payment or partial payment of the purchase price under the proposed sale.

RSA 1980 cP‑30 s16

Sale of land

18 The Minister may

(a) within 2 years after a sale by public auction that did not find a purchaser, sell the land by private sale at a price not less than the upset price,

(b) sell the land contained in a homestead lease to the lessee on any terms and conditions that the Minister may prescribe if the lessee, in the opinion of the Minister, has faithfully and to the best of the lessee’s ability endeavoured to perform the lessee’s obligations under the homestead lease but from some unpreventable cause or mental or physical incapacity or through some technicality has failed in doing so and yet has an equitable claim entitling the lessee to favourable consideration,

(c) reserve public land for any reason and for any period and permit the use of that land for any period and subject to any terms and conditions that the Minister prescribes by the Crown in right of Canada, by any department of the Government or by any person, without executing a disposition for it, and

(d) promote good farm cultural practices and require proper range management efforts and the adoption of farming and grazing practices by disposition holders for conservation purposes.

RSA 2000 cP‑40 s18;2003 c11 s3(10)

Grant of public land

19(1) The Minister may give public land

(a) to the board of trustees of a school district or school division in a rural area, when the land is required as a site for school purposes,

(b) to a religious corporation or the trustees of a religious society or congregation, when the land is to be used as a site for a church or mission,

(c) to a religious corporation, the trustees of a religious society or congregation, a municipal corporation, Metis settlement or cemetery company as a site for a burial ground, and

(d) to a society as a site for a community hall.

(2) When land that is the subject of a gift under this section is to be used as a site for a church, mission or community hall, no notification shall be issued and no transfer shall be executed until a building has been erected on the land.

(3) A notification issued and a transfer executed pursuant to a gift under this section shall restrict the use of the land that is the subject of the gift to the purpose for which it is given.

(4) The Registrar shall, when the Registrar receives a notification or transfer pursuant to a gift under this section, place on the certificate of title that is issued pursuant to the notification or transfer the restriction contained in the notification or transfer.

(5) The Minister may order the Registrar to amend or strike out the restriction placed by the Registrar on a certificate of title pursuant to subsection (4).

(6) If the Minister is satisfied that land that is the subject of a gift under this section is not being used for the purpose for which it was given, the Minister may, subject to any terms and conditions that the Minister prescribes, require the person to whom the land was given or any of the person’s successors in title

(a) to retransfer the land to the Crown, or

(b) to pay to the Minister the fair market value of the land.

(7) If the Minister chooses to act under subsection (6)(b), the Minister shall serve a notice on the person to whom the land was given or the person’s successor in title demanding payment to the Minister within 60 days after the date of service of the notice of an amount determined by the Minister to be the fair market value of the land on the date of the notice.

(8) The notice under subsection (7) shall be served personally or by double registered mail addressed to the person for whom it is intended at the person’s address according to the Minister’s records.

(9) The person on whom a notice is served under subsection (7) shall, within 60 days after service of the notice,

(a) pay the amount demanded by it, or

(b) if the person disagrees with the Minister’s determination of the fair market value of the land, apply to the Land Compensation Board for a determination of the fair market value of the land on the date of the notice.

(10) For the purpose of making a determination under subsection (9), the Land Compensation Board may exercise the powers given to it pursuant to section 28 of the Expropriation Act and may also make any order as to costs that it considers appropriate.

(11) The applicant under subsection (9) and the Minister may, within 30 days after receiving notice of the determination of the Land Compensation Board, appeal the determination to the Court of Appeal, and section 37 of the Expropriation Act applies to the appeal.

(12) The Minister may recover as a debt

(a) the amount set out in a notice under subsection (7), where the person to whom the notice is directed does not comply with subsection (9), or

(b) the amount determined by the Land Compensation Board or the Court of Appeal, as the case may be, as the fair market value of the land.

RSA 1980 cP‑30 s18;1982 c30 s9;1984 c34 s7;
1998 c22 s34

Occupation of land

20(1) The Minister may authorize any person

(a) to enter on and occupy public land for a stated period for the purpose of

(i) conducting appraisals, inspections, analyses, inventories or other investigations of the natural resources that may exist on the land, or

(ii) exploring for or excavating fossil remains or objects of geological, ethnological, historical or scientific interest,

(b) to enter on and immediately occupy any public land mentioned in any application the person has submitted for a disposition of that land, or

(1.1) The Minister may act under subsection (1) whether or not the public land to which the authorization relates is the subject of a disposition at the time the authorization is given.

(2) A person who is authorized to enter on and immediately occupy public land under subsection (1)(b) is bound by this Act from the time the authorization is given in the same manner and to the same extent as if the disposition for which the person applied had been granted to the person.

(3) The Minister may impose any conditions the Minister considers necessary on an authorization granted by the Minister pursuant to subsection (1).

(4) The Minister may, before or as a condition of granting an authorization under subsection (1), require the applicant to provide a security deposit in an amount and form acceptable to the Minister for any purpose that the Minister considers necessary.

RSA 2000 cP‑40 s20;2003 c11 s3(11)

Agreements re use of land

21(1) When the Minister proposes to sell public land, the Minister may, as a condition of the sale, require the intended purchaser to enter into an agreement containing either or both of the following:

(a) restrictions on the purposes for which the land to be sold may be used, including a requirement that the purchaser or any of the purchaser’s successors in title retransfer the land to the Crown in the event that the land is no longer used for the purposes referred to in the agreement;

(b) a prohibition of the sale of the land for a period specified in the agreement except with the written consent of the Minister.

(2) Notwithstanding subsection (1), the Minister may make an agreement under this section subject to any other terms and conditions the Minister considers necessary.

(3) An agreement under this section may be registered under the Land Titles Act and is not void by reason only that the agreement or any provision of the agreement infringes the rule against perpetuities.

(4) The Minister may order the Registrar to cancel the registration of any agreement registered under this section.

RSA 1980 cP‑30 s20;1982 c30 s10

Prohibition re sales to non-Canadians

22(1) The Minister shall not sell public land pursuant to section 18, the regulations or an order of the Lieutenant Governor in Council, or issue a notification in favour of the purchaser for that land, if the purchaser or one of the purchasers is

(a) a person who is not a Canadian citizen or a permanent resident as defined in the Immigration Act (Canada),

(b) a corporation that is not a Canadian corporation, or

(c) a person or corporation acting as a trustee for a person who is not a Canadian citizen or a permanent resident as defined in the Immigration Act (Canada) or for a corporation that is not a Canadian corporation.

(2) This section does not apply when the purchaser has entered into an agreement under section 21(1) or with respect to a sale made before May 10, 1973.

(3) In this section,

(a) “Canadian corporation” means

(i) in the case of a corporation with share capital, a corporation in which not less than 75% of the equity shares are registered in the name of and beneficially owned by

(A) one or more Canadian citizens or permanent residents as defined in the Immigration Act (Canada),

(B) one or more corporations with share capital, if in each case not less than 75% of its equity shares are registered in the name of and beneficially owned by Canadian citizens or permanent residents as defined in the Immigration Act (Canada),

(C) one or more corporations without share capital, if in each case not less than 75% of its members are Canadian citizens or permanent residents as defined in the Immigration Act (Canada), or

(D) any combination of persons or corporations referred to in paragraphs (A), (B) and (C),

(ii) in the case of a corporation without share capital, a corporation in which not less than 75% of the members are Canadian citizens or permanent residents as defined in the Immigration Act (Canada);

(b) “equity share” means any share of any class of shares of a corporation carrying full or limited voting rights and any share of any class of shares of the corporation carrying voting rights by reason of a contingency that has occurred and is continuing.

RSA 1980 cP‑30 s21;1996 c28 s40

Surveys

23(1) If for any reason the Minister considers it necessary or advisable to have a survey or re‑survey made of the land contained in a disposition to determine its exact position, or in order to settle any dispute that may arise respecting it, the Minister may direct that the survey or re‑survey be made by an Alberta land surveyor.

(2) The Minister may require payment in advance of the costs of the survey or re‑survey to be made by the holder of the disposition concerned in whole or in part, or the Minister may require any portion of the payment of the costs that seems to the Minister just.

(3) If the holder fails to make the required payment in advance, when required to do so by the Minister, the Minister in the Minister’s discretion may cancel the disposition.

(4) The surveyor shall file with the Minister plans, notes and any other information that may be required to determine the exact position of the land and the Minister shall forward a copy of the information to the holder.

RSA 1980 cP‑30 s22

Grants made in error

24(1) If, through error, grants have been made for the same land that are inconsistent with each other, the Minister may cancel the grant made in error and order a new grant to the person deprived by that cancellation, of land of a value equal to that of the earlier grant at the time it was made.

(2) If, through error, dispositions by way of sale, lease or licence have been made for the same land that are inconsistent with one another, the Minister may cause a refund to be made of any money paid on account of the sale, lease or licence with interest at the rate of 5% per year.

(3) No claim under this section shall be entertained unless it is submitted to the Minister within one year after the discovery of the error.

(4) If a disposition is found to cover public land included in a disposition or grant of prior date, the later disposition is void insofar as it interferes with the previous disposition or grant.

(5) If a grant is found to cover land included in a grant of prior date, the later grant is void insofar as it interferes with the previous grant.

RSA 1980 cP‑30 s23

Withdrawal and overlapping dispositions

25 The Minister may

(a) by agreement with the holder and without limitation to the Minister’s power under any other provision of this Act to withdraw land, withdraw from the disposition any part of the land contained in it, and

(b) make more than one disposition in respect of the same land.

RSA 2000 cP‑40 s25;2003 c11 s3(12)

Cancellation of disposition

26(1) The Minister may cancel a disposition when

(a) the holder of the disposition fails to comply with this Act, the regulations or the disposition, or fails to comply with a notice given under this Act,

(a.1) in the case of a holder that is a corporation, the holder ceases to be incorporated or registered under the appropriate Act of Alberta regulating the carrying on of business by the corporation in Alberta,

(b) the holder acquired the disposition in error or through fraud, misrepresentation, personation or improvidence, or

(c) the holder of the disposition is convicted of an offence against this Act or the regulations that relates to the use of the land contained in the holder’s disposition.

(1.1) Where the Minister is authorized to cancel a disposition under subsection (1)(a) or (c), the Minister may instead withdraw part of the land from the disposition, and in that case, section 27(1), (2) and (3) apply in respect of the proposed withdrawal.

(2) The Minister may cancel a disposition if the Minister is requested in writing by the holder to do so.

(3) The Minister may cancel a disposition containing a clerical error, misnomer or wrong or defective description of land and issue a correct disposition in its place.

RSA 2000 cP‑40 s26;2003 c11 s3(13)

Procedure for cancellation

27(1) Except in the case of cancellation under section 26(2) or (3) or section 82, 110 or 111, the Minister shall not cancel a disposition under this Act or pursuant to the disposition itself unless this section has been complied with.

(2) When the Minister intends to cancel a disposition, the Minister shall send a notice to the holder by mailing it to the holder’s last known address according to the records of the Department stating the Minister’s intention to cancel the disposition after the 30th day following the date of the notice and the reason for the cancellation.

(3) If the holder does not object to the cancellation of the disposition or if, in the opinion of the Minister, the holder does not submit satisfactory reasons in objecting to the cancellation within the time limited for doing so, the Minister may cancel the disposition.

(4) When the provisions of the disposition itself prescribe a procedure for cancellation that is more advantageous to the holder than the procedure prescribed by this section, the Minister shall comply with the procedure prescribed in the disposition.

RSA 1980 cP‑30 s26

Reinstatement of disposition

28 The Minister may by order reinstate a disposition that has been cancelled or forfeited if

(a) the application for reinstatement is made within 6 months of the date on which the disposition was cancelled or forfeited,

(b) the land contained in the disposition is, at the time the application is made,

(i) available so as to permit the reinstatement to be made, and

(ii) classified as being adaptable for the same use as that permitted under the disposition,

and

RSA 1980 cP‑30 s27

Application of purchase money

29(1) If on the cancellation or expiration of a disposition, there is in the hands of the Minister any money in excess of the amount owing under it, the Minister may apply the excess in payment of any debt owed to the Crown and under the Minister’s administration.

(2) When

(a) an agreement for the sale of public land is cancelled or the purchaser surrenders the purchaser’s interest to the Minister, and

(b) the purchaser is in arrears for taxes on the land or for irrigation charges under the Irrigation Districts Act,

the Minister may apply not more than 1/2 of the amount paid by the purchaser as principal under the agreement in payment of the arrears.

(3) Subsection (2) does not apply when the agreement for sale pertained to

(a) land situated in a land clearing and breaking project that was obtained in substitution for a homestead lease of the same land, or

(b) land shown in the records of the Department as “tax recovery land”.

RSA 1980 cP‑30 s28;1984 c34 s9;1999 cI‑11.7 s214

Notifications

30(1) When a person is entitled to receive a title for an estate in fee simple to any public land, a notification shall be issued that shall be

(a) signed by the Minister or Deputy Minister, and

(b) signed by the Assistant Deputy Minister.

(2) Before issue of the notification, the fee payable under the Land Titles Act shall be paid to the Minister.

(3) The Minister shall forward the notification to the Registrar.

(4) If a certificate of title has not been issued by the Registrar for any public land vested in or belonging to the Crown, the Minister may issue a notification in favour of the Crown in right of Alberta or of Canada.

(5) When a notification is issued under subsection (4), it shall be forwarded to the Registrar who shall, without fee, forthwith issue a certificate of title.

RSA 1980 cP‑30 s29

Assistance in effecting sale

31(1) When the holder of a homestead lease, homestead sale or other agreement for the sale of public land desires to effect the sale of part of the land contained in the holder’s disposition to another person, the Minister may, in consideration of an amount of money specified by the Minister, enter into and carry out an arrangement under this section with the holder and the proposed purchaser for the purpose only of effecting that sale to the proposed purchaser.

(2) In carrying out an arrangement made pursuant to subsection (1),

(a) the Minister shall cancel the disposition as to the land concerned, with the consent of the holder,

(b) the Minister shall issue a notification in favour of the purchaser with respect to the land concerned,

(c) the money paid to the Minister under subsection (1) shall be credited to the payment of amounts owing or afterwards becoming due to the Minister under the disposition,

(d) the Minister may waive compliance by the holder of any terms or conditions of the disposition, and

(e) the Minister shall not pay any cost incurred in connection with surveying or arranging for the registration under the Land Titles Act of any plan of survey of the land to be sold.

RSA 1980 cP‑30 s30

Notifications to deceased persons

32 When a notification issues to or in the name of a person who is dead, the notification is not void for that reason but the title to the land granted or intended to be granted by it vests in the personal representative of the deceased person as if the notification had issued to or in the name of the deceased person during that person’s lifetime.

RSA 1980 cP‑30 s31

Correction of grant

33(1) When a grant has issued to or in the name of a wrong person or contains any clerical error or misnomer or wrong or defective description of the land intended to be granted by it, or when any of the conditions of the grant have been omitted, the Minister may, if there is no adverse claim, direct the defective grant to be cancelled and a correct notification to be issued in its place.

(2) The correct notification relates back to the date of the grant cancelled and has the same effect as if issued at the date of the cancelled grant.

RSA 1980 cP‑30 s32

Refusal to issue notification

34 The Minister may refuse to issue a notification to a person who is liable to Her Majesty or the Minister for the payment of any money or the delivery of any crop share.

RSA 1980 cP‑30 s33

Dispositions

Exceptions and reservations in disposition

35(1) All mines and minerals and the right to work them are, by implication and without the necessity for any express words of exception, excepted from every disposition and notification made under this Act.

(2) The Minister in the case of any disposition or grant, or any kind of disposition, may direct that it shall be made subject to a reservation or exception that the Minister may prescribe.

RSA 1980 cP‑30 s34

Execution of disposition by Crown

36(1) Dispositions may be executed on behalf of the Crown by the Minister, the Deputy Minister, the Assistant Deputy Minister or by any other officer of the Department authorized to do so by the Minister, and no seal is necessary in connection with executions on behalf of the Crown.

(2) A permit may be issued by delivering it or mailing it to the holder and the signature of the person authorized to sign it on behalf of the Crown may be reproduced by any means on the permit.

RSA 1980 cP‑30 s35

Execution by holder

37(1) The execution of a disposition or an assignment or surrender of a disposition by a person other than a corporation is valid to the same extent as if it were under seal if it is executed by that person by the making of the person’s signature and without the use of a seal.

(2) For the purposes of this Act, a disposition, an assignment or surrender of a disposition or any instrument executed in connection with this Act or the regulations is deemed to be sufficiently executed by a corporation if it is sealed with its corporate seal and signed by one officer or 2 directors of the corporation, notwithstanding anything to the contrary contained in any statute, charter of incorporation, memorandum of association or articles of association.

RSA 1980 cP‑30 s36

Number and gender

38 Where the singular or masculine or neuter is used in a disposition, it shall, when the context or parties require, be construed to mean respectively the plural or feminine or a corporation.

RSA 1980 cP‑30 s37

Rights of holder

39(1) When a disposition required to be executed by the holder is issued, the person in whose favour it is made

(a) is, subject to subsection (2), deemed to be the holder of it as against the Crown and all other persons as of the date of the disposition, and

(b) is bound by the disposition to the same extent as if it were fully executed.

(2) When a disposition is issued and the intended holder fails to execute the disposition and return it to the Department at Edmonton within 60 days from the date the disposition is dated

(a) the Minister may cancel the disposition, and

(b) the intended holder is deemed to have been the holder of the disposition only as to any liability incurred by the holder under it.

RSA 1980 cP‑30 s38;1984 c34 s10

Disposition of fees

40(1) When money is paid to the Minister by an applicant for a disposition or by the original holder of a disposition for any purpose incidental to the application or the disposition, and if the Minister determines that the applicant or the holder is entitled to a refund of all or any portion of the money, the Minister may

(a) pay the money to the applicant or the holder if the applicant or the holder is not indebted to the Crown, or

(b) apply the money in payment of any debt the applicant or the holder owes to the Crown.

(2) If a disposition is issued and the applicant refuses to execute it in accordance with section 39(2) or if an applicant for a disposition fails to comply with any condition required to be complied with before the issue of the disposition, any money paid by the applicant or any portion of it may be forfeited to the Crown at the direction of the Minister.

RSA 1980 cP‑30 s39

No warranty re land

41 No disposition shall be construed to contain any implied warranty or condition as to the quality or fitness for a particular purpose of the land described in the disposition.

RSA 1980 cP‑30 s40

Minors

42 A disposition held by a minor and an assignment of a disposition by or in favour of a minor is as binding on the minor as if the minor were of full age.

RSA 1980 cP‑30 s41

Consent to assignment, etc.

43 The holder shall not mortgage, assign, transfer or sublet the land contained in the holder’s disposition, or any part of it, without the consent of the Minister in writing.

RSA 1980 cP‑30 s42

Minister to determine compliance

44(1) The Minister shall determine whether the terms and conditions of a disposition are being performed, observed or complied with and the Minister’s decision is final and binding on the holder of the disposition.

(2) At a time and in a form required by the Minister, the holder of a disposition shall furnish proof by declaration or otherwise that the holder has complied with any or all the provisions of the holder’s disposition.

RSA 1980 cP‑30 s43

Recovery of Rent, etc.

Recovery by distress

45(1) The Minister may recover by distress

(a) rent owing under a disposition, or

(b) money owing under a loan contract made pursuant to the Homestead Lease Loan Act, RSA 1980 cH‑9.

(2) The Civil Enforcement Act applies to a distress under this section.

RSA 1980 cP‑30 s44;1994 cC‑10.5 s169

Seizure of grain

46(1) The Minister may by order authorize an officer to seize any grain owned by a lessee who defaults in payment of

(a) rent owing under a cultivation lease,

(b) any crop share rent owing under a disposition, or

(2) When grain is seized pursuant to this section, the officer making the seizure shall deliver a notice of seizure in the prescribed form to the lessee by

(a) giving it to the lessee personally,

(b) posting it in a prominent place on the land described in the lease, or

(3) Any costs or expenses incurred by the officer in making a seizure under this section are deemed to be part of the unpaid rent or loan payment for which the seizure was made.

(4) When an officer seizes grain under this section, the officer may

(a) have the grain carried to a convenient place of storage,

(b) leave the grain in the possession of the lessee, or

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

(6) When the amount owing by the lessee at the time the grain is sold exceeds the amount the lessee owed when the seizure was made, the officer shall, before the officer sells the grain, deliver an amended notice of seizure 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 amount owing by the lessee at the time the grain is sold.

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

RSA 1980 cP‑30 s45

Unauthorized Use of Public Lands

Unauthorized use

47(1) A person who occupies public land and

(a) is not the holder of a disposition authorizing the person to do so, or

(b) is not otherwise authorized to do so under this Act or the regulations,

is deemed to be a trespasser and any improvements created by the person are the property of the Crown.

(2) If an improvement becomes the property of the Crown under subsection (1),

(a) the right, title and interest of all other persons to or in the improvements is terminated, and

(b) the Minister may order the improvement to be removed, demolished, sold or otherwise disposed of.

RSA 1980 cP‑30 s46

Order to vacate

47.1 Where a person unlawfully occupies public land the Minister may order the person to vacate the public land, subject to any terms and conditions the Minister considers appropriate.

2003 c11 s3(14)

Payment for unauthorized use

48(1) The Minister may require a person who without authority

(a) makes use of public land, or

(b) as a holder of a disposition or of an authorization under section 20, without the consent of the Minister makes use of the public land contained in that disposition or authorization for any purpose other than that for which the disposition or authorization was granted,

to pay a sum of money that the Minister prescribes in addition to the regular rate prescribed for that use.

(2) The sum of money prescribed by the Minister pursuant to subsection (1) is a debt payable to the Crown on demand by the Minister.

RSA 2000 cP‑40 s48;2003 c11 s3(15)

Recovery of penalty

49(1) The Minister may require a person who

(a) contravenes a term or condition of a disposition or of an authorization under section 20,

(b) contravenes a decision or order made pursuant to regulations under section 9(b.1) or (b.2),

(d) fails to notify the Minister of a transfer, redemption or allotment of shares to which section 114.1(4) applies,

to pay to the Minister a penalty in an amount prescribed by the Minister, not to exceed $5000.

(2) The Minister shall serve on the person referred to in subsection (1) personally or by ordinary mail addressed to the person at the person’s address according to the Minister’s records, a notice demanding payment of the amount of the penalty within 30 days after the date of service of the notice.

(3) The notice shall state the grounds on which the penalty was assessed.

(4) If the person referred to in subsection (1) fails to pay the amount in accordance with the notice, the Minister has a cause of action for the recovery of it and, in such an action, the court

(a) may make any order it considers just regarding the payment by that person of the amount or any of it, and

(b) may make any other order it considers appropriate, including an order respecting costs.

RSA 2000 cP‑40 s49;2003 c11 s3(16)

Disclosure of information

50 If a person

(a) is required to make payment under section 48 for an unauthorized use of public land, or

(b) has been served with a notice under section 49 with respect to a contravention of a disposition or an authorization,

the Minister must disclose to the public the name of the person, the municipality in which the person resides, a description of the unauthorized use or contravention and the amount of the payment or penalty, as the case may be.

1996 c28 s40

Unauthorized seeding of crops

51 If a person without authority seeds a crop on public land, the Minister may

(a) authorize an officer to seize the crop either before or after it is harvested, and

(b) order the crop to be disposed of as the Minister decides.

RSA 1980 cP‑30 s48

Seizure of clay, marl, sand or gravel

52(1) When an officer believes on reasonable grounds that any clay, marl, sand, gravel, silica sand, topsoil or peat has been removed unlawfully from public land, the officer may seize it and any vehicle, tools or equipment used to remove or transport it.

(2) An officer making a seizure under this section shall make a written report to the Minister and shall retain any thing seized until the Minister instructs the officer how to dispose of it.

(3) When the Minister receives a report of a seizure, the Minister may

(a) order whatever is seized to be confiscated to the Crown in right of Alberta and may dispose of it in any way the Minister considers proper, or

(b) order whatever is seized to be returned to the person from whom it was seized.

RSA 1980 cP‑30 s49;1984 c34 s12

Destruction of or injury to surface

53 The holder of a disposition shall not do any act or thing that injures or destroys, or that is likely to injure or destroy, the surface of the public land described in the disposition unless

(a) the holder has obtained the authorization of the Minister, or

(b) the holder is authorized by the disposition to injure or destroy the surface.

RSA 1980 cP‑30 s50

Prohibitions

54(1) No person shall cause, permit or suffer

(a) the accumulation of waste material, debris, refuse or garbage on public land,

(b) the existence on public land of any structure or excavation of any kind that is undesirable,

(d) the doing of any act on public land that may injuriously affect watershed capacity,

(e) the disturbance of any public land in any manner that results or is likely to result in injury to the bed or shore of any river, stream, watercourse, lake or other body of water or land in the vicinity of that public land, or

(f) the creation of any condition on public land which is likely to result in soil erosion.

(2) A person lawfully carrying out any activity on public land in accordance with

(a) the terms and conditions of a disposition or authorization issued under this Act, and

(b) any other applicable Acts and regulations

shall not, by reason of that fact alone, be considered to have contravened this section.

(3) and (4) Repealed 2003 c13 s3.

RSA 2000 cP‑40 s54;2003 c11 s3(17)

Prohibited uses of roads, etc.

54.01(1) In this section, “closed road” means a road that was constructed pursuant to a licence of occupation issued under this Act and has been closed

(a) by an order of the Minister, or

(b) in accordance with a term or condition of the licence of occupation.

(2) No person shall

(a) travel on or enter on a closed road,

(b) damage, destroy, remove or alter any posted notice or sign denoting a closed road,

(d) block, disrupt, hinder, impede, interfere with or otherwise obstruct access by a disposition holder or a commercial user to a closed road to which the disposition holder or commercial user is legally entitled to have access

unless the person is authorized to do so by the Minister or under this Act or the regulations.

(3) No person shall block, disrupt, hinder, impede, interfere with or otherwise obstruct free access to or passage on and over, or use by any other person of, a highway, road or trail located on public land unless that person is authorized to do so by the Minister or under this Act or the regulations.

(4) No person shall, directly or indirectly, induce or attempt to induce another person to provide money or other consideration for the purpose of gaining access to, passage on or over or use of public land unless

(a) that person is the holder of a disposition or an authorization under section 20 and is entitled at law to request or receive money or other consideration for that purpose, and

(b) the desired access, passage or use is in respect of public land that is the subject of the disposition or authorization.

(5) No person shall provide or receive money or other consideration for the purpose of gaining or allowing access to, passage on or over or use of public land unless

(a) the person receiving the money or other consideration is the holder of a disposition or authorization under section 20 and is entitled at law to receive money or other consideration for that purpose, and

(b) the access, passage or use is in respect of public land that is the subject of the disposition or authorization.

(6) A person who contravenes subsection (2), (3), (4) or (5) is guilty of an offence.

(7) If a police officer has reasonable grounds to believe that a person has contravened subsection (2) or (3), the police officer may remove or seize and remove any material, barrier, equipment, vehicle, structure or obstruction used in or during the commission of that offence.

2003 c46 s4

Disposition of seized items

54.02(1) Where a police officer seizes anything under section 54.01(7) the police officer shall, within a reasonable time,

(a) provide a justice with an affidavit stating that the police officer has reasonable grounds to believe that a person named in the affidavit has contravened section 54.01(2) or (3) and that the thing seized was used in the commission of the offence, or

(b) return the thing seized to the person from whom it was seized.

(2) On receipt of an affidavit under subsection (1), the justice may order that the affidavit be served on the person referred to in the affidavit, may set down a date to hear the matter and may order that the thing seized

(a) be retained by the Crown until final disposition of the charge,

(b) be returned to the person from whom it was seized, or

(3) If a thing that was seized is returned to the person from whom it was seized, the justice may order that person

(a) to hold it as bailee for the Crown until final disposition of the charge, and

(b) to produce it if it is required with respect to proceedings related to the charge.

(4) Where a person is convicted of an offence under section 54.01(2) or (3) and a thing that was seized under section 54.01(7) in respect of the offence is being detained under this section, the court may direct

(a) that the thing seized be forfeited to the Crown on the expiration of the time for an appeal or on conclusion of the proceedings, as the case may be, or

(b) that the thing be returned to the person from whom it was seized or to any other person who is entitled to possession of it, subject to any terms and conditions the court considers appropriate.

(5) Where a thing is forfeited to the Crown under this section, the Minister may destroy the thing or dispose of it in any manner the Minister considers appropriate.

(6) The Minister may, in an action in debt, recover from the person who was convicted of the offence the costs of forfeiture and destruction or disposal of a thing under this section.

2003 c46 s4

Court orders

54.03(1) Where a person has, contrary to section 54.01(2)(d) or (3), been prevented from gaining access to a closed road or from having free access to, passage on or over or use of a highway, road or trail, that person or the Crown may apply to a judge of the Court of Queen’s Bench for a short‑term order or a long‑term order.

(2) An application for a short‑term order

(a) may be made ex parte, and

(b) must be supported by affidavit evidence, which may be based on information and belief.

(3) An application for a long‑term order

(a) must be made by originating notice on at least 2 days’ notice, and

(b) must be supported by affidavit evidence.

(4) Where an application for a long‑term order is made, the judge may extend the duration of any short‑term order that is then in effect until the application for the long‑term order is decided.

(5) The judge may

(a) make a short‑term order or a long‑term order if the judge is satisfied on a balance of probabilities that a contravention of section 54.01(2)(d) or (3) has occurred and is continuing, or

(b) in the case of an application for a long‑term order in circumstances described in subsection (4), make a long‑term order if the judge is satisfied on the balance of probabilities that a contravention of section 54.01(2)(d) or (3) has occurred and is likely to recur.

(6) A short‑term order must be for a period of 7 days and a long‑term order must be for a period exceeding 7 days but not exceeding one year.

(7) In an order under this section, the judge may

(a) prohibit any person from engaging in or continuing any activity that constitutes the contravention,

(b) authorize a police officer to remove or seize and remove any material, barrier, equipment, vehicle, structure or obstruction used in the contravention, and

(8) Notice of an order under this section is sufficiently given to a person

(a) by posting a copy of the order in a public place at or near any location where persons affected by the order might reasonably be expected to gather,

(b) by giving a copy of the order to or serving a copy of the order on the person in any manner in which service of process may be lawfully effected, or

(9) A police officer may without warrant arrest any person found contravening an order under this section for the purpose of bringing that person before a judge of the Court of Queen’s Bench to show cause why the person should not be held to be in contempt.

(10) Any person who is directly affected by an order under this section may apply to a judge of the Court of Queen’s Bench by originating notice on at least 2 days’ notice for an order to set aside the order.

2003 c46 s4

Actions by police officer

54.04 Where section 54.01(7) or an order under section 54.03 authorizes a police officer to remove or seize and remove property, the police officer may cause the property to be removed or seized and removed by another person under the police officer’s direction and control.

2003 c46 s4

No compensation for damages

54.05 No person has a right to compensation or damages in respect of anything done or omitted to be done in good faith under section 54.01(7) or 54.03(9) or an order under section 54.03 including, without limitation, anything done or omitted to be done by a person acting under a police officer’s direction and control under section 54.04.

2003 c46 s4

Enforcement

Offence

55 A person who is unlawfully occupying public land and fails to comply with an order of the Minister in respect of that occupation is guilty of an offence.

RSA 2000 cP‑40 s55;2003 c11 s3(19)

Offences re Crown land, property, etc.

56 A person who

(a) removes any property belonging to the Government from public land without authority,

(a.1) occupies public land and is not the holder of a disposition or of an authorization under section 20 authorizing the person to do so or is not otherwise authorized to do so under this Act and the regulations,

(b) without lawful authority destroys, defaces or removes a notice posted under the authority of the Act,

(b.1) contravenes an enforcement order issued under section 59.1,

(b.2) contravenes section 62.1(1), the regulations under section 62.1(2) or an order, decision or term or condition given or imposed under the regulations under section 62.1(2),

(b.3) fails to comply with a notice under section 114.1(2), or

is guilty of an offence.

RSA 2000 cP‑40 s56;2003 c11 s3(20)

Obstructing officer

57 A person who hinders, obstructs or impedes an officer in the performance of the officer’s duty under this Act is guilty of an offence.

RSA 1980 cP‑30 s54

Prohibited practices at sales

58 A person who, before or at the time of a public sale of public land, by intimidation, combination, unfair management or otherwise, hinders or prevents, or attempts to hinder or prevent, any other person from bidding on or purchasing any land offered for sale, is guilty of an offence.

RSA 1980 cP‑30 s55

General penalty

59(1) A person who is guilty of an offence referred to in section 56(b.2) is liable to a fine of not more than $2000.

(2) A person who is guilty of an offence under this Act or the regulations for which no other penalty is provided is liable to a fine of not more than $5000 for each day or part of a day on which the offence occurs or continues.

(3) No person may be convicted of an offence under this Act or the regulations if the person establishes on a balance of probabilities that the person took all reasonable steps to prevent its commission.

RSA 2000 cP‑40 s59;2003 c11 s3(21)

Enforcement order

59.1(1) Where the Minister is of the opinion that a person has contravened a provision of this Act or the regulations, the Minister may issue an enforcement order under this section, whether or not the person has been charged with or convicted of an offence in respect of the contravention.

(2) The Minister shall serve the enforcement order on the person to whom it is directed personally or by ordinary mail addressed to the person at the person’s address according to the Minister’s records.

(3) In an enforcement order the Minister may

(a) require the person to whom the order is directed

(i) to do or refrain from doing anything in connection with the contravention;

(ii) to carry out the measures specified in the order to effect compliance with this Act and the regulations;

(iii) to remedy the effects of the contravention;

(iv) to keep records and report to the Minister in respect of the contravention of or the compliance with this Act, the regulations or the order;

(b) specify the manner or method of, or the procedures to be used in, carrying out the measures required by the order;

(c) specify the time within which any measure required by the order is to be commenced and the time within which the order or any portion of the order is to be complied with.

(4) The Minister may

(a) amend a term or condition of, add a term or condition to or delete a term or condition from an enforcement order, or

(b) cancel an enforcement order.

(5) A copy of an enforcement order under subsection (4) must be served on the person to whom it is directed in the manner set out in subsection (2).

(6) If the person to whom an enforcement order is directed fails to comply with the enforcement order, the Minister may take whatever action the Minister considers necessary to carry out the enforcement order.

(7) Costs incurred by the Minister under this section are recoverable by the Government in an action in debt against the person to whom the enforcement order was directed.

(8) For the purposes of this section the costs referred to in subsection (7) include, without limitation, any costs incurred in investigating and responding to

(a) any matter to which the enforcement order relates, or

(b) the failure to comply with the enforcement order.

(9) If an enforcement order is issued to more than one person, all persons named in the order are jointly responsible for carrying out the enforcement order and are jointly and severally liable for payment of the costs of doing so, including any costs incurred by the Minister under this section.

2003 c11 s3(22)

Miscellaneous

Improvements

60(1) A person applying for a disposition shall, after the person’s application is approved and before the disposition is issued, pay to the Minister an amount of money equal to the most recent valuation made by an inspector of the Department of the improvements on the land to which the application relates.

(2) The Minister may exclude the whole or any part of the fencing from the value of the improvements.

(3) Cultivation is not an improvement unless the Minister declares it to be an improvement.

(4) Public land seeded to tame hay or grass is deemed to be cultivated land.

(5) When an application is made for a disposition of land on which clearing or breaking has been done by a former holder with the aid of a loan made pursuant to the Homestead Lease Loan Act, RSA 1980 cH‑9, and the loan has not been repaid in full, the applicant shall pay for that clearing or breaking if it is declared an improvement in the manner directed by the Minister.

(6) Notwithstanding anything in this section, the Minister may defer the payment of any amount required to be paid under this section in excess of the portion, if any, required to be applied or refunded under section 61, and if a deferment is made the disposition shall provide that the amount deferred be paid by the holder of the disposition on the date or dates fixed in the disposition for the payment of it.

(7) When the Minister receives a tender in respect of a contract to conduct improvements on public land, then, notwithstanding section 8 of the Public Works Act, the Minister is not required to accept the lowest or any tender.

RSA 1980 cP‑30 s57;1984 c34 s13

Application of money collected for improvements

61 When a disposition is cancelled or expires and money is paid on account of improvements under section 60 on a subsequent application for a disposition of all or a part of the land contained in the cancelled or expired disposition, the Minister may

(a) apply that money to the payment of any amount owing under the cancelled or expired disposition,

(b) apply the balance, if any, for the purpose of paying any other debt to the Crown, any taxes owing to a municipality, any debt to a municipality arising out of the use of the land described in the cancelled or expired disposition, or any debt owing by the former holder to a rural electrification association incorporated under the Co‑operative Associations Act or incorporated or continued under the Rural Utilities Act, and

(c) refund the whole or part of the balance, if any, to the person who, in the opinion of the Minister, is entitled to it.

RSA 2000 cP‑40 s61;2001 cC‑28.1 s464,
2001 c23 s1(16)

Disposal of chattels and improvements after termination of disposition

62(1) During the term of a disposition or if

(a) a disposition is surrendered or cancelled or has expired, or

(b) any land is withdrawn from a disposition of public land,

the Minister may decide whether any building or other improvement on the land that is or was contained in the disposition is affixed to that land and is to be considered a part of it.

(2) When a disposition is surrendered or cancelled or has expired or when land is withdrawn from a disposition, the holder of the disposition at the date of the surrender, cancellation, expiration or withdrawal may

(a) subject to subsection (4), and

(b) before the expiration of one month following that date,

remove from the public land formerly in the disposition any chattels owned by the holder and any buildings or improvements erected or created by the holder.

(3) The Assistant Deputy Minister may, by notice in writing addressed to the holder referred to in subsection (2), extend the period of time provided by that subsection.

(4) Any chattel, building or other improvement on public land is forfeited to the Crown in right of Alberta

(a) when the one‑month period referred to in subsection (2) and any extension of it prescribed by the Assistant Deputy Minister has expired, or

(b) when a disposition is cancelled or expires if the holder at the time of the cancellation or expiry of the disposition is indebted to the Crown or to the Minister.

(5) When a chattel, building or other improvement on public land is forfeited to the Crown pursuant to subsection (4)(b), the Minister may

(a) sell the chattel, building or other improvement in satisfaction of the indebtedness, and

(b) deal with the amount, if any, by which the proceeds exceed the expenses of the sale and the indebtedness in the same manner as that provided for under section 61 with respect to amounts collected from an applicant on account of improvements.

(6) When

(a) the Minister decides that a 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 occupies the public land pursuant to a disposition, or

(b) the building or other improvement is forfeited to the Crown pursuant to subsection (4)(a),

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 a person pursuant to subsection (6), the Minister may require that person to

(a) post a notice on the building or improvement stating that, on or after the 30th day following the posting of the notice, the building or improvement will be removed from the land, demolished, sold or otherwise disposed of, and

(b) cause a notice to appear once a week for 2 consecutive weeks in a newspaper circulating in the vicinity of the land on which the building or improvement is situated describing the building or improvement, the land on which it is situated, and stating that it will be removed, demolished, sold or otherwise disposed of on or after the 30th day following the last appearance of the notice.

(8) During the term of a disposition the Minister may authorize any person to enter on the land and remove any chattels, fencing, buildings or other improvements that are not owned by the holder of the disposition.

(9) If a chattel, other than an improvement deemed by the Minister to be affixed to land and to form a part of it, is found on public land and the owner of that chattel cannot be ascertained or located on reasonable inquiry, the Minister may cause the chattel to be confiscated, removed from the public land and disposed of in any manner the Minister thinks fit.

(10) When the owner of a chattel referred to in subsection (9) is ascertained, the Minister may by notice in writing

(a) require the owner to remove the chattel from the public land on or before a day designated in the notice, 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 a chattel, building or other improvement pursuant to subsection (5),

(b) a building or other improvement is disposed of pursuant to subsection (6), or

all the right, title and interest of any person who may be the owner of, or may have any interest in, the building, improvement or chattel ceases.

RSA 1980 cP‑30 s59

Access for recreational purposes

62.1(1) The holder of an agricultural disposition shall, in accordance with the regulations, allow reasonable access to the land that is the subject of the disposition to persons who wish to use the land for recreational purposes.

(2) The Minister may make regulations

(a) classifying agricultural dispositions for the purposes of this section and the regulations;

(b) respecting what constitutes reasonable access in respect of agricultural dispositions or classes of agricultural dispositions;

(c) defining and classifying recreational purposes and setting out the nature and extent of the right of reasonable access with respect to specified recreational purposes on specified classes of agricultural disposition lands;

(d) respecting terms and conditions applicable to the exercising of a right of reasonable access under this section;

(e) authorizing an employee of the Government under the Minister’s administration to make orders in respect of access for the purposes of this section, including the attachment of terms and conditions in respect of such an order;

(f) governing rules and procedures for obtaining reasonable access for the purposes of this section and rules and procedures that apply where reasonable access is denied including, without limitation, regulations

(i) authorizing an employee of the Government under the Minister’s administration to review the matters in dispute,

(ii) governing the rules and procedures or the establishment of the rules and procedures that apply in respect of a review,

(iii) respecting the powers and duties of the person conducting a review, and

(iv) respecting the orders in respect of access that the person conducting a review may make;

(g) respecting the enforcement of an order in respect of access;

(h) respecting the establishment and operation of recreational management plans in respect of agricultural disposition lands.

(3) A person who enters land that is the subject of an agricultural disposition in contravention of the regulations under subsection (2) or of an order in respect of access and fails to leave when requested to do so may be apprehended without warrant by any peace officer.

2003 c11 s3(23)

Duties of holder

63 A holder of a disposition shall with respect to the land contained in the holder’s disposition

(a) use only first class seed that is free and clear of all noxious weeds and restricted weeds within the meaning of the Weed Control Act,

(b) cut, keep down and destroy all noxious weeds and restricted weeds to which the Weed Control Act applies,

(c) submit to the Minister when requested by the Minister to do so a plan and a statement showing the purpose for which the land is to be used or developed and the manner in which that use or development is to be achieved, and

(d) use the land in a manner that promotes and implements conservation.

RSA 2000 cP‑40 s63;2003 c11 s3(24)

Shelter belts, etc.

64(1) In wooded, parkland or brush‑covered areas the holder of a disposition shall preserve and maintain for shelter belts, windbreaks and woodlots such areas of brush and forest cover as may from time to time be prescribed by the Assistant Deputy Minister.

(2) In an area where there is no native tree growth the lessee shall plant shelter belts and windbreaks in firebreaks or clumps or plantations for future use as may from time to time be prescribed by the Assistant Deputy Minister.

RSA 1980 cP‑30 s61

Sale of disposition in execution

65 When the interest of a holder of a disposition is seized in execution, no sale in execution of that interest is effective unless

(a) it is made to a person who would be eligible to acquire it as an assignee from the holder, and

(b) an assignment or transfer in favour of the purchaser is consented to by the Minister and registered under Part 5.

RSA 1980 cP‑30 s62

Exemption from tax recovery proceedings

66 When the holder’s interest under a disposition is liable to

(a) assessment and taxation in a city, town, village, municipal district, improvement district, school district or school division, or

(b) assessment and the payment of irrigation charges in an irrigation district or rates in a drainage district,

the holder’s interest is not subject to any Act providing for the recovery of taxes, rates or charges to the extent that its provisions relate to the sale of land for the purpose of recovering taxes, rates or charges.

RSA 1980 cP‑30 s63;1994 cM‑26.1 s642(58);1995 c24 s99(27);
1999 cI‑11.7 s214

Application of rent on taxes

67(1) The Minister shall transfer to the taxing authority money received as rent or purchase money under a disposition of public land or as compensation to the Crown by reason of expropriation of the Crown’s interest in public land, if that land is

(a) in an improvement district or municipal district,

(b) land the title to which was recovered through tax enforcement proceedings, and

(2) The money received from the land shall be transferred immediately at the close of the fiscal year or at any other time the Minister directs.

RSA 2000 cP‑40 c67;2006 c23 s67

Inspection of grain records

68(1) When a disposition provides for payment of rent on a crop share basis, the Minister may authorize any person to inspect any storage ticket, book of account or other document or record relating to the possession, delivery, transportation, storage or other dealing with the crop, share of crop or portion of the crop grown on the land held under the disposition.

(2) A person authorized under this section may, for the purpose of inspection, enter during the hours of daylight the land and premises of the holder, or of any elevator, storage or transportation company, or of any other person, if on reasonable grounds the authorized person believes that any storage tickets, books of account or other documents or records are located there.

RSA 1980 cP‑30 s65

Right to enter on land

69 A person acting lawfully in the performance of duties assigned to the person under this Act or the regulations may enter on any land held under a disposition or buildings erected on that land for the purpose of surveying or examining the state and condition of them.

RSA 1980 cP‑30 s66

Demand for rent

70 Notwithstanding the provisions of any disposition, the demand or acceptance of rent payable under a disposition is not a waiver of the right of the Minister to enforce the observance of any provision of the disposition, the regulations or this Act, or of the right to cancel the disposition under this Act for any default or breach committed before the rent is demanded or accepted.

RSA 1980 cP‑30 s67

Action for damages

71 No person shall bring an action for the recovery of damages against a person who holds a licence of occupation granted under the regulations in respect of a road, if the damages are caused

(a) by the presence, absence or insufficiency of a wall, fence, guardrail, railing, curb, pavement markings, traffic control device, sign, illumination device or barrier adjacent to, in, along or on the travelled portion of the licensed area, or

(b) by

(i) any construction, obstruction or structure, or

(ii) the existence or arrangement of any earth, rock, tree or other material or thing

that is adjacent to, in, along or on the licensed area but that is not on the travelled portion of it.

RSA 1980 cP‑30 s68

Part 2
Dispositions not Leading to Title

Definitions

72 In this Part,

(a) “lease” means a disposition other than a disposition under which the holder may become entitled to an estate in fee simple, but includes a disposition containing an option to purchase the land to the extent that its provisions do not pertain to the option;

(b) “lessee” means the holder of a lease.

RSA 1980 cP‑30 s69;1984 c34 s14

Refusal to issue lease

73 The Minister may refuse to issue a lease or a renewal lease and may refund money paid in connection with any lease.

RSA 1980 cP‑30 s70

Age of applicant

74 Unless otherwise provided in the regulations, a minor is not eligible to apply for a lease.

RSA 1980 cP‑30 s71

Liability of lessees

75 When a lease is held by 2 or more persons, the lessees are jointly and severally liable for the performance of all the lessee’s obligations under the lease, the regulations and this Act regardless of the nature of their tenure under the lease.

RSA 1980 cP‑30 s72

Protection of lessees

76 When the Minister authorizes a person to enter on public land contained in a lease or withdraws any land from the lease, the Minister may prescribe the conditions which, in the Minister’s opinion, must be met for the protection of the lessee’s interest.

RSA 1980 cP‑30 s73

Use of land

77 A lessee shall not make use of the land for any purpose other than that for which the lease was granted without the consent of the Minister, and then only on the terms and conditions the Minister may prescribe.

RSA 1980 cP‑30 s74

Use of cordwood and timber

78(1) Notwithstanding the Forests Act, a lease may also authorize the lessee to harvest timber on land contained in the lease.

(2) In the case of a lease referred to in subsection (1) the lessee shall, notwithstanding the terms of any applicable forest management agreement, pay timber dues and additional charges on the timber in accordance with the provision in the regulations under the Forests Act that prescribes the timber dues and other charges that are payable in respect of timber that is cut, damaged or destroyed under an authority granted by the Crown, other than a timber disposition under the Forests Act.

(3) A lessee who prepares land contained in the lease for cultivation may, without any further authorization, use wood on the land for fuel and for the construction of buildings and other improvements on the land.

RSA 2000 cP‑40 s78;2003 c29 s2

Exemption from rent payment

79 The Minister may exempt a lessee from the payment of any portion of the lessee’s rent for a period not exceeding 3 crop years following the date of issue of the lease if the land contained in the lease

(a) is infested with noxious weeds or restricted weeds to which the Weed Control Act applies,

(b) has partly reverted to its natural state, or

RSA 1980 cP‑30 s76

Title to crops

80 The title in and to all crops of every nature and description grown and produced on any public land held under lease is and remains in the Crown until the crops are divided and the Crown’s share is delivered pursuant to the lease.

RSA 1980 cP‑30 s77

Cancellation of lease

81(1) The Minister may cancel a lease if the Minister is satisfied that

(a) the leased land is not being used for the purpose for which it is leased,

(b) when land is leased to 2 or more persons, one or more of them has ceased to use the land for the purpose for which it is leased,

(d) the lease or the land described in it is not held by the lessee for the lessee’s sole use and benefit,

(e) the lessee was ineligible to apply for or acquire the lease or is ineligible to hold it, or

(f) the lessee has failed to pay the rent, or any taxes, rates or assessments levied against the lessee’s interest under the lease or any other money payable under the lease when it is due.

(1.1) Where the Minister is authorized to cancel a lease under subsection (1)(a), the Minister may instead withdraw part of the land from the lease.

(2) Except as otherwise provided in the regulations, when the Minister cancels a lease pursuant to subsection (1) or withdraws land from a lease pursuant to subsection (1.1), all payments made to the Crown in connection with it are forfeited and the lessee is not entitled to any compensation for any work performed on the leased land or for any expenditure made by the lessee in respect of or incidental to the lessee’s use of it.

(3) When a lease is cancelled or part of the land is withdrawn from the lease, any unpaid rent may be recovered as a debt owing to the Crown.

RSA 2000 cP‑40 s81;2003 c11 s3(25)

Withdrawal from lease

82(1) Sixty days after the date on which the Minister mails a notice in writing to the last known address of the lessee, the Minister may cancel a lease or withdraw any part of the land contained in a lease

(a) when, except in the case of a lease conveying rights to sand, silica sand, topsoil, peat, gravel, clay or marl, the Minister is satisfied that the land contained in the lease or to be withdrawn from it contains sand, silica sand, topsoil, peat, gravel, clay or marl in commercial quantities,

(b) when the land contained in the lease or to be withdrawn from it is to be subdivided or made the subject of a disposition that will authorize its use for industrial or commercial purposes,

(c) when the land contained in the lease or to be withdrawn from it is to be designated as a park pursuant to the Provincial Parks Act or added to a park designated under that Act or its predecessors, or is to be set aside as a public resort or recreation area,

(d) when the land contained in the lease or to be withdrawn from it is, in the opinion of the Minister, irrigable in whole or in part,

(e) when the land contained in the lease or to be withdrawn from it is required to provide public access to a public resort or recreation area or to a river, stream, watercourse, lake or other body of water, or

(f) when, in the opinion of the Minister, the land contained in the lease or to be withdrawn from it is required for a purpose that the Minister considers to be in the public interest.

(2) When the Minister withdraws land pursuant to subsection (1), the Minister may reduce the rent reserved in the lease by an amount in direct proportion to the area of land withdrawn.

(3) When the Minister at the request of an applicant for a grant or disposition of public land contained in a lease cancels the lease or withdraws land from the lease pursuant to subsection (1), the applicant for the grant or disposition shall negotiate with and pay compensation to the lessee for the loss of the lessee’s interest under the lease.

(4) When the Minister cancels a lease or withdraws land from a lease pursuant to subsection (1)(d), no compensation is payable to the lessee.

(5) When the Minister cancels a lease or withdraws land from a lease otherwise than in the circumstances set out in subsections (3) and (4), the Minister shall negotiate with and pay compensation to the lessee for the loss of the lessee’s interest under the lease.

(6) If after 60 days from the date the lease was cancelled or land was withdrawn from the lease under subsection (1) the amount of compensation payable to the lessee has not been settled, the applicant or the Minister, as the case may be, or the lessee may apply to the Land Compensation Board established under the Expropriation Act to determine the amount of compensation.

(7) When an application is made to the Land Compensation Board pursuant to subsection (6), the Board shall decide the compensation payable to the lessee on the same basis as if the lessee’s interest in the land had been expropriated pursuant to the Expropriation Act, and that Act and the regulations made under it respecting the determination of compensation, hearings and procedures, including interest, costs and appeals, apply in the same manner as if the lessee’s interest had in fact been expropriated.

RSA 1980 cP‑30 s79;1984 c34 s15

Part 3
Homestead Sales

Definitions

83 In this Part,

(a) “homestead sale” means an agreement between the Minister and another person to sell that person a parcel of public land classified by the Minister as available for settlement, that was entered into under this Part before July 1, 1984 or under the former Act;

(b) “purchaser” means the holder of a homestead sale.

RSA 1980 cP‑30 s80;1984 c34 s16

Application of Part 3

84(1) This Part applies only to homestead sales issued as a result of applications received on or after April 20, 1964.

(2) Except as provided in subsection (3), homestead sales entered into by the Minister

(a) before April 20, 1964, or

(b) pursuant to an application for a homestead sale received before that date,

are subject to the former Act, with the exception of any residence requirements of that Act, as it read immediately before April 20, 1964.

(3) The Minister may treat the holder of a homestead sale referred to in subsection (2) as having complied with section 195(1)(c) of the former Act as it stood immediately before April 20, 1964 if that purchaser proves in the purchaser’s application for notification that the purchaser has an area under cultivation equivalent to the area required to be under cultivation by the end of the 5th year of the term of the purchaser’s homestead sale.

RSA 1980 cP‑30 s81;1984 c34 s17

Purchase Price and Cultivation Duties

Purchase price

85(1) The purchase price under a homestead sale is payable by the purchaser in equal consecutive annual instalments commencing with

(a) the 4th year, if less than 25 acres of land were under cultivation,

(b) the 3rd year, if not more than 50 and not less than 25 acres of land were under cultivation, or

at the time the homestead sale was executed.

(2) The purchase price shall, in the discretion of the Minister, be divided into instalments of not more than 19 in number.

(3) Every instalment of purchase price is due and payable on January 1 in the year in which it is due.

(4) Interest on the purchase price does not begin to accrue until the first instalment is due.

(5) Any money paid by a purchaser under a homestead sale shall be applied to the payment of any interest that is owing, before any money is applied toward payment of the purchase price.

(6) Any or all of the instalments of purchase price may be paid before they are due.

RSA 1980 cP‑30 s86;1984 c34 s19

Cultivation duties

86(1) A purchaser of a homestead sale of land not exceeding one quarter section shall break and seed to crop not less than the following areas in each year after the issue of the homestead sale:

Break Seed to crop

First year………………….. 10 acres nil acres

2nd year…………………... 10 acres 10 acres

3rd year…………………… 10 acres 20 acres

4th year…………………… 10 acres 30 acres

5th year…………………… 40 acres

6th year…………………… 40 acres

7th year…………………… 10 acres 40 acres

8th year…………………… 10 acres 50 acres

9th year…………………… 60 acres

each year afterwards……… 60 acres

(2) For the purposes of subsection (1),

(a) any land that was under cultivation at the time the homestead sale was issued is deemed to be land broken by the purchaser, and

(b) summerfallow, unseeded cultivated land or land seeded to tame hay or grass is, when authorized by the Assistant Deputy Minister, deemed to be land seeded to crop.

(3) When a homestead sale contains land exceeding one quarter section, the area to be broken and seeded to crop shall bear the same proportion to the total area as the areas set out in subsection (1) bear to one quarter section.

RSA 1980 cP‑30 s87;1984 c34 s20

Extension of time

87 The Minister may grant extensions of time to the purchaser for the performance of the terms and conditions of the homestead sale.

RSA 1980 cP‑30 s89

Exemption from taxation

88 No land contained in a homestead sale is liable to taxation under any Act authorizing the taxation of a purchaser’s interest under a homestead sale until

(a) the 4th year, if less than 25 acres of land were under cultivation,

(b) the 3rd year, if not more than 50 and not less than 25 acres of land were under cultivation,

(d) the first year, if more than 100 acres of land were under cultivation,

on the day the homestead sale was issued.

RSA 1980 cP‑30 s90;1984 c34 s22

Homestead Sales in Substitution for Homestead Leases

Obligations of purchaser

89 Where, before July 1, 1984, a homestead sale was issued in substitution for a homestead lease, the purchaser is in the same position with respect to the commencement of payments of instalments under section 85(1) as the purchaser would be if the date of issue of the homestead sale were the same as the date of the commencement of the term of the cancelled homestead lease.

RSA 1980 cP‑30 s93;1984 c34 s24

Cancellation

Cancellation of homestead sale

90 The Minister may cancel a homestead sale if the purchaser

(a) has not performed or misrepresents the performance of the purchaser’s cultivation duties,

(b) is more than 2 years in arrears in the payment of taxes against the purchaser’s homestead sale,

(c) neglects or refuses to pay for any improvements that were inadvertently not paid for at the time the homestead sale was issued,

(d) purports to transfer, assign, mortgage, encumber, charge or otherwise dispose of the purchaser’s interest under the homestead sale prior to the issue of a notification with respect to the land described in it, without the consent of the Minister,

(e) sells or otherwise disposes of improvements created or chattels purchased with financial assistance obtained under the Veterans’ Land Act (Canada),

(f) fails to comply with the terms and conditions of the purchaser’s contract for a loan under the Homestead Lease Loan Act, RSA 1980 cH‑9,

(g) does not personally operate the land contained in the homestead sale or permits or agrees to permit any person other than the purchaser’s employee to use, occupy or operate any part of the land, or

(h) acquired the homestead sale in substitution for a homestead lease that was acquired by the purchaser in error or through fraud, misrepresentation, personation or improvidence.

RSA 1980 cP‑30 s94;1984 c34 s25

Compensation and refunds after cancellation

91 When a homestead sale is cancelled, the debt of the purchaser for the unpaid balance of the purchase price and interest is extinguished and the Minister may

(a) pay or refuse to pay to the purchaser any money as compensation for improvements created by the purchaser on the land described in the homestead sale, and

(b) refund or refuse to refund all or any portion of the money paid on account of the purchase price and interest.

RSA 1980 cP‑30 s95

Relief from cancellation

92(1) Except as provided in this section, the Minister shall not cancel a homestead sale by reason of a default by a purchaser in the performance of the purchaser’s cultivation duties or in the payment of the purchase price or interest when the default occurred

(a) during the purchaser’s last illness leading up to the purchaser’s death,

(b) after the purchaser’s death, or

(c) after the purchaser became mentally incapacitated, if it appears to the Minister that the default by reason of which the homestead sale might otherwise have been cancelled was attributable to the purchaser’s mental incapacity.

(2) The Minister may limit the time during which subsection (1) applies and may from time to time and as the Minister considers necessary extend that period of time.

(3) No time limit or extensions shall be made beyond 3 years from the date of death of a purchaser or the date of the appointment of the purchaser’s personal representative, whichever is sooner.

(4) When the Minister sets a time limit pursuant to subsection (2) or allows an extension of a time limit, the Minister shall serve a notice to that effect by mail on

(a) the personal representative, in the case of a deceased purchaser,

(b) a member of the next of kin of a deceased purchaser, if no personal representative has been appointed, or

(5) On the expiration of the time limit referred to in subsection (2) or any extensions of the time limit, subsection (1) no longer applies to the homestead sale.

RSA 1980 cP‑30 s96;1984 c34 s26

Assignments

93 Notwithstanding section 96(1)(a), the Minister may consent to an assignment of a homestead sale made earlier than the 5th year if the assignment is made by the personal representative of a deceased purchaser or the administrator of the estate of a mentally incapacitated purchaser.

RSA 1980 cP‑30 s97

Postponement of obligations

94 The Minister, on being satisfied that the physical or mental condition of the purchaser is or was such as to incapacitate the purchaser, may postpone

(a) the payment of any instalment or instalments of the purchase price or of interest payable under a homestead sale, or

(b) the performance of all or part of the purchaser’s cultivation duties during any period in which the purchaser is or was so incapacitated and for any further period the Minister considers just.

RSA 1980 cP‑30 s98;1984 c34 s27

Sale of homestead sale

95 The Minister may sell the land contained in a homestead sale on any terms and conditions that the Minister prescribes to

(a) a purchaser who, in the Minister’s opinion, has faithfully and to the best of the purchaser’s ability endeavoured to perform the purchaser’s obligations under the homestead sale but from some unpreventable cause or mental or physical incapacity or through some technicality has failed in doing so and yet has an equitable claim entitling the purchaser to favourable consideration, or

(b) a former purchaser whose homestead sale has been cancelled on the ground that the former purchaser was ineligible to acquire the homestead sale or the homestead lease for which it was substituted.

RSA 1980 cP‑30 s99

Assignments

96(1) A purchaser may, with the consent of the Minister, assign the purchaser’s homestead sale, but the Minister shall not consent to an assignment

(a) unless the assignor can be credited with the performance of cultivation duties equivalent to the cultivation duties prescribed for the first 2 years,

(b) unless the assignor has paid the instalments due and owing on the purchase price,

(d) subject to clause (c), unless the assignee is a person who would be eligible to become a purchaser on the assignee’s own application for the homestead sale,

(e) when the purchaser is indebted in respect of financial assistance received by the purchaser under the Veterans’ Land Act (Canada), or

(f) when the purchaser has not repaid in full any money owing by the purchaser under a loan made pursuant to the Homestead Lease Loan Act, RSA 1980 cH‑9.

(2) Notwithstanding anything in this Act or the regulations, the Minister may, on any terms and conditions that the Minister prescribes, consent to an assignment of a homestead sale or a homestead lease when the Minister is satisfied that the assignment is essential to creating a farm unit that has the potential of being developed as an economic enterprise.

RSA 1980 cP‑30 s100

Application for Title

Application for title

97(1) A notification may be issued for land contained in a homestead sale to a purchaser who

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

(b) has paid the purchase price or is entitled to a credit pursuant to this section sufficient to pay the purchase price,

(c) has an area under cultivation equivalent to the area required to be under cultivation by the end of the 5th year of the term of the homestead sale,

(d) has repaid all money loaned to the purchaser pursuant to the Homestead Lease Loan Act, RSA 1980 cH‑9,

(e) obtains the consent of The Director, the Veterans’ Land Act (Canada) if the purchaser owes any money advanced to the purchaser as financial assistance under the Veterans’ Land Act (Canada),

(f) is a Canadian citizen or, with respect to a homestead sale issued before May 10, 1973, a British subject, and

(g) has not fraudulently misrepresented any of the information contained in the purchaser’s application.

(2) If a purchaser dies or is mentally incompetent and the purchaser’s application for notification is made by the purchaser’s personal representative or administrator, the personal representative or administrator is not required to prove that the deceased or mentally incompetent purchaser was or is a Canadian citizen or British subject.

RSA 1980 cP‑30 s101;1984 c34 s28

Affidavits with application

98(1) Every application made by a purchaser for a notification shall be supported by the affidavit of the purchaser verifying the information given in the application.

(2) If the Minister so requires, the application shall be supported by affidavits of 2 persons residing in the vicinity of the land contained in the homestead sale verifying the information given by the purchaser in the purchaser’s application.

RSA 1980 cP‑30 s102

Miscellaneous

Improvements

99 A purchaser shall not build or make any improvements of a permanent nature, other than fencing or cultivation, on any part of the land contained in a homestead sale that lies within one rod of a statutory road allowance.

RSA 1980 cP‑30 s103

Use of land

100 No purchaser shall use the land contained in a homestead sale other than as a farm and a place of residence, except with the consent of the Minister and then only on the terms and conditions that the Minister prescribes.

RSA 1980 cP‑30 s104

Use of timber

101 Section 78(3) applies, with the necessary changes, to homestead sales and the purchasers holding them.

RSA 2000 cP‑40 s101;2003 c29 s2

Part 4
Grazing Leases

Grazing lease

102(1) The Minister may in accordance with this Part lease public land for a term not exceeding 20 years for the purpose of grazing livestock when, in the Minister’s opinion, the best use that may be made of the land is the grazing of livestock.

(1.1) Notwithstanding subsection (1), the Minister may in accordance with this Part

(a) lease public land in a heritage rangeland for a term not exceeding 30 years, or

(b) amend any lease granted under subsection (1) in a heritage rangeland to extend the term to one not exceeding 30 years and to include other terms and conditions,

if the lease is for the purpose of grazing livestock and the Minister is satisfied that ongoing grazing of livestock is essential for maintaining the grassland ecology and ensuring the effective management and lasting protection of the heritage rangeland.

(2) A lease under this Part shall be called a grazing lease.

(3) The area of land leased under this Part shall not exceed an area sufficient to graze 600 head of cattle, unless, in the opinion of the Minister, a larger area can be leased without adversely affecting the interests of other farmers or ranchers residing in the vicinity of the leased land.

RSA 2000 cP‑40 s102;RSA 2000 c34(Supp) s14

Annual rent

103(1) The rent payable under a grazing lease is

(a) an annual rent equal to the percentage established by the Lieutenant Governor in Council of the forage value of the leased land, and

(b) any additional annual rent prescribed by the Minister.

(2) The forage value of the land contained in a grazing lease shall be fixed annually by the Minister who shall for this purpose consider

(a) the grazing capacity of the land,

(b) the average gain in weight of cattle on grass, and

(c) the average sale price per pound of cattle, other than finished cattle, sold in the principal livestock markets in Alberta during the preceding calendar year or the portion of that year selected by the Minister.

(3) Notwithstanding the date from which the term of a grazing lease is computed, the rent is payable for each calendar year or portion of a calendar year included in the term of the lease on or before

(a) July 1 in each year if the lessee is a grazing association, or

(b) April 1 in each year if the lessee is not a grazing association.

RSA 1980 cP‑30 s107;1984 c34 s29

Grazing capacity of land

104(1) The Minister may establish from time to time the grazing capacity of all grazing land in Alberta and for this purpose may

(a) divide Alberta into districts,

(b) establish the grazing capacity of grazing land in each district, and

(c) establish the grazing capacity of grazing land held under a grazing lease either above or below the grazing capacity of other grazing land in the district in which the leased land is situated.

(2) If the Minister does not establish the grazing capacity of land held under a particular grazing lease, the grazing capacity of that land is the same as the grazing capacity established for the district in which that land is situated.

(3) A cow of average weight with calf at foot shall be considered as one animal unit for the purpose of establishing the grazing capacity of grazing land, and any variations in the proportions of an animal unit due to age, weight and type of livestock shall be determined by the Minister.

RSA 1980 cP‑30 s108

Grazing leases held by grazing association

105(1) When a grazing lease is held by a grazing association, the land contained in the lease shall be used for the benefit of its members who are operating farms in the vicinity, if they qualify for grazing privileges under the bylaws of the association.

(2) Notwithstanding subsection (1), when a grazing lease is held by a grazing association and any person having a farm in the vicinity of the land contained in the lease has been refused membership in, or has been dismissed from the membership of, the association, the Minister may, after considering the complaint of that person and the representations of the association,

(a) request the association to accept or reinstate that person as a member, as the case may be, and

(b) if the association refuses to do so, order the association to allow the stock of that person to graze on the leased land on the same terms that the association prescribes for its members.

(3) When a grazing lease is held by a grazing association and any member of the association has been allotted more than 20 animal units for the grazing season, the Minister may require the grazing association

(a) to reduce the allotment of that member to a minimum of 20 animal units in subsequent years, and

(b) to issue allotments to other persons operating farms in the vicinity of the grazing lease.

(4) When a grazing lessee is a grazing association, the association shall maintain a membership of at least 5 persons none of whom is the spouse or adult interdependent partner of any of the others.

RSA 2000 cP‑40 s105;2002 cA‑4.5 s68

Residence

106(1) The Minister may grant an ancillary lease to a grazing lessee of a parcel of public land not exceeding one quarter section in area on which the lessee may reside and erect the buildings the lessee requires to conduct the lessee’s operations.

(2) The term of any lease granted pursuant to subsection (1) commences and expires on the same dates that the term of the lessee’s grazing lease commences and expires, and if the grazing lease is cancelled the ancillary lease is thereby terminated.

RSA 1980 cP‑30 s110

Community grazing reserve

107 When the Minister is satisfied that the interests of the farmers or ranchers in any area demand it, the Minister may establish, maintain and operate a community grazing reserve.

RSA 1980 cP‑30 s111

Regulations

108 The Lieutenant Governor in Council may make regulations

(a) repealed 2003 c11 s3(26);

(b) varying the requirements of section 60 as to applicants for grazing leases;

(c), (d) repealed 2003 c11 s3(26);

(e) prescribing the terms and conditions on which grazing lessees may conduct range improvement projects on the land contained in their grazing leases and authorizing the exemption from the payment of rent under those grazing leases for the periods and on the terms and conditions prescribed in the regulations;

(f) repealed 2003 c11 s3(26);

(g) prescribing the circumstances under which the Minister must refuse to consent to an assignment of a grazing lease and governing any other matter that relates to the assignment of grazing leases;

(h) repealed 2003 c11 s3(26);

(i) generally, providing for any other matter pertaining to grazing leases or grazing lessees.

RSA 2000 cP‑40 s108;2003 c11 s3(26)

Withdrawals from grazing leases

109(1) One year after the date on which the Minister mails a notice in writing to the last known address of the grazing lessee stating the Minister’s intention to do so, the Minister may, without compensation, withdraw from

(a) a grazing lease issued to or validly assigned to the grazing lessee prior to May 1, 1959, the land the Minister may select for the purpose of reducing the area of land held by the grazing lessee under that lease and any other land referred to in subsection (2) to an area of land sufficient to graze 1000 animal units for a calendar year in accordance with its grazing capacity, or

(b) a grazing lease issued to or validly assigned to the grazing lessee on or after May 1, 1959, the land the Minister may select for the purpose of reducing the area of land held by the grazing lessee under that lease and any other land referred to in subsection (2) to an area of land sufficient to graze 600 animal units for a calendar year in accordance with its grazing capacity.

(2) The Minister may determine the area of land greater than that which is sufficient to graze 1000 or 600 animal units, as the case may be, pursuant to subsection (1), and for this purpose may include

(a) any area of land held by the grazing lessee or the lessee’s spouse or adult interdependent partner, or both, under a grazing lease other than that from which the withdrawal is to be made,

(b) any area of land held by the grazing lessee or the lessee’s spouse or adult interdependent partner, or both, under a grazing lease within a special area,

(c) when the lessee or the lessee’s spouse or adult interdependent partner, or both, hold jointly with any other person land under a grazing lease, including land within a special area, an area that bears the same proportion to the total area of land held under the lease that the lessee or the lessee’s spouse or adult interdependent partner, or both, bears to the total number of the joint lessees including the lessee or the lessee’s spouse or adult interdependent partner, or both of them, and

(d) when the lessee or the lessee’s spouse or adult interdependent partner, or both, hold shares in a corporation that holds land under a grazing lease, including land within a special area, an area that bears the same proportion to the total area of land held by the corporation under the grazing lease that the number of shares held by the lessee or the lessee’s spouse or adult interdependent partner, or both, in that corporation bears to the total number of existing shares in the corporation.

(3) When the grazing lease is held by a corporation, called in this subsection the “lessee corporation”, the Minister may, for the purposes of subsection (2),

(a) treat the person or persons holding all or a majority of the shares of the lessee corporation as being the lessee,

(b) in case any such shareholder is itself a corporation, treat the persons holding all the shares of that 2nd corporation as being the holders of that 2nd corporation’s shares in the lessee corporation, and

(c) in case any shareholder of the 2nd corporation is itself a corporation, treat the persons holding all the shares of that 3rd corporation as being the holders of that 3rd corporation’s shares in the 2nd corporation,

and so on, until all the natural persons having an interest in the lessee corporation have been determined.

RSA 2000 cP‑40 s109;2002 cA‑4.5 s68

Cancellation or withdrawal after assignment refusal

110(1) If the Minister refuses the Minister’s consent to an assignment of a grazing lease, the Minister may

(a) cancel the lease, or

(b) withdraw any land from the lease,

on giving the lessee one year’s notice in writing to that effect.

(2) If a grazing lessee to whom a notice has been given pursuant to subsection (1) makes an assignment of the lessee’s lease to a person other than the person named as the assignee in the assignment to which the Minister refused the Minister’s consent, and the Minister consents to the subsequent assignment, the notice given pursuant to subsection (1) is deemed to be withdrawn.

RSA 1980 cP‑30 s114

Grazing lease of deceased lessee

111(1) When the holder of a grazing lease has died and the personal representative of the lessee’s estate has not obtained, within 2 years after the date of death of the lessee, the consent of the Minister to an assignment of the grazing lease, the Minister may give notice to the personal representative to submit to the Minister an assignment of the grazing lease within the time specified in the notice.

(2) The Minister may from time to time extend the time specified in the notice referred to in subsection (1).

(3) When a notice has been given pursuant to subsection (1), the submission by the personal representative of an assignment of a grazing lease

(a) that the Minister may properly refuse for registration pursuant to Part 5, or

(b) that is made under circumstances prescribed by the regulations under this Part as circumstances under which the Minister is required to refuse the Minister’s consent to the assignment,

is not a compliance with the notice.

(4) If the personal representative does not comply with a notice given to him or her pursuant to subsection (1), the Minister may cancel the grazing lease.

RSA 1980 cP‑30 s115

Proof of corporate lessee

112(1) When any corporation is the holder of a grazing lease, the Minister may at any time by notice in writing require the lessee to furnish proof that at the time of the notice

(a) it is incorporated under the laws of Canada or of Alberta, and

(b) the majority of its shares are owned by residents of Alberta for their exclusive use and benefit and not in the interests of or for the benefit of any other person,

and, if the Minister should so desire, to furnish proof that the de facto control of the lessee corporation is in the persons resident in Alberta who own the major part of the shares of that corporation.

(2) If the lessee fails to comply with the notice or if the proof furnished by the lessee is not satisfactory to the Minister, the Minister may cancel the lease.

RSA 1980 cP‑30 s116

Part 5
Registration of Assignments

Definitions

113 In this Part,

(a) “assignment” includes transfer;

(b) “disposition” includes any lease, permit or licence, or any instrument granting an estate or interest in public land and made pursuant to the Forests Act or its predecessors;

(i) the entering in a book authorized by the Minister for that purpose of an assignment, and

(ii) the endorsing on or attaching to the disposition affected of a memorandum evidencing an entry under subclause (i).

RSA 1980 cP‑30 s118

Registration of assignment

114(1) An assignment of a disposition that the holder is not prohibited from assigning by any Act or regulation or by the disposition itself may be registered by the Minister.

(2) The Minister shall cause to be kept in the Department books for the registration of assignments.

(3) The Minister may refuse to register an assignment unless

(a) the assignment, other than an assignment of a mineral surface lease, is unconditional,

(b) all of the persons to whom the disposition was made are the assignors under the assignment,

(c) the assignment is executed in a manner satisfactory to the Minister and accompanied with proof of execution satisfactory to the Minister,

(d) the assignment is in a form satisfactory to the Minister, and

(e) all required charges and fees are paid.

(4) When an assignment is executed by an attorney or agent, proof of the authority of the attorney or agent, in a form satisfactory to the Minister, shall be submitted to the Department.

RSA 2000 cP‑40 s114;2003 c11 s3(27)

Assignment charges

114.1(1) Where an assignment of a grazing lease or grazing licence is made, the assignee shall pay to the Minister a charge in an amount equal to $100 or a charge determined in accordance with the following, whichever is greater:

(a) $50 for each animal unit month where the land that is the subject of the grazing lease or grazing licence is located in zone A1 or B;

(b) $100 for each animal unit month where the land that is the subject of the grazing lease or grazing licence is located in zone A2;

(c) $5 for each animal unit month where the land that is the subject of the grazing lease or grazing licence is located in zone C.

(2) The Minister may, when a grazing lease or grazing licence is issued or at any time during its term, by notice in writing sent by ordinary mail, require a corporation holding an interest in the grazing lease or grazing licence or any associated corporation to file with the Minister a statement certified by an officer or director of the corporation or associated corporation, as the case may be, showing the name, address, citizenship and occupation of, and the number of shares held by, each of the corporation’s or associated corporation’s shareholders.

(3) If a corporation holds a grazing lease or grazing licence and, as a result of a transfer, redemption or allotment of shares, the beneficial ownership of the issued and outstanding shares changes, the corporation shall

(a) notify the Minister of the transfer, redemption or allotment of shares within 30 days after the date it occurs, and

(b) unless subsection (4) applies, pay to the Minister a charge or an amount determined by the Minister that

(i) is a percentage of the assignment charge that the corporation would have had to pay under subsection (1) if the grazing lease or grazing licence had been assigned to it by another person, and

(ii) is based on the amount of change in beneficial ownership resulting from the transfer, redemption or allotment.

(4) Where a transfer, redemption or allotment of shares described in subsection (3) occurs, the Minister may cancel the grazing lease or grazing licence if the Minister considers that it is in the public interest to do so.

2003 c11 s3(28)

Effect of registration of assignment

115(1) Notwithstanding anything in an assignment, but subject to this section, the interest of an assignor in a disposition ceases on registration of an assignment of the disposition and, on that registration, the assignee becomes the holder of the disposition.

(2) An assignment registered under this Part is valid against and takes priority over any unregistered assignment.

(3) Insofar as an assignment affects the Crown, the assignment is deemed to take effect from the time of its registration.

RSA 1980 cP‑30 s120

Assignments where holder assignor and assignee

116(1) An assignor may assign a disposition to himself or herself and another person or persons and on registration of the assignment is entitled to the interest that the assignment purports to convey to the assignor to the same extent as if the assignor were not the assignor.

(2) Two or more persons, being the holders of a disposition, may assign the disposition to one or more of them, who on registration of the assignment are entitled to the interest that the assignment purports to convey to that person or them to the same extent as if that person or they were not the assignors.

RSA 1980 cP‑30 s121

Registration deemed to confer consent

117(1) When an Act or regulation or a provision of a disposition prohibits an assignment of the disposition except with the consent of the Minister, the consent of the Minister is deemed to be given by the registration of the assignment under this Part.

(2) Nothing in this Part abrogates or restricts the right of the Minister to refuse the Minister’s consent to an assignment.

RSA 1980 cP‑30 s122

Part 6
Homestead Leases Under Former Act

Homestead leases

118(1) Homestead leases granted by the Minister before April 20, 1964 or pursuant to an application received by the Minister before April 20, 1964, are subject to the former Act as it stood immediately before April 20, 1964 excepting the following provisions of that Act:

(a) section 20(2) to (6) and (8);

(b) section 21(3) to (7);

(d) section 23(5);

(e) section 27;

(f) section 39(2);

(g) section 41(2);

(h) section 29(5);

(i) section 42(1), (2), (6), (7) and (8).

(2) Section 96 of this Act applies, with the necessary changes, to homestead leases and the lessees holding them.

RSA 1980 cP‑30 s123

About Us

Questions and Comments