O.C. 381/2018

December 4, 2018


            The Lieutenant Governor in Council orders that the transaction under which an interest in land described in the attached Schedule is retained by The Canada Trust Company, as trustee for Rocky View Holdings LLC, for estate planning purposes is, subject to the conditions in the Appendix, excluded from the operation of the Foreign Ownership of Land Regulations, except for sections 22 and 25.

            For Information only

Recommended by:          Minister of Service Alberta

Authority:                             Foreign Ownership of Land Regulations
                                                (section 14)


 

APPENDIX

This order is subject to the following conditions:

a)    that The Canada Trust Company will dispose of its interest in the land within three years of the date on which the W. Averell Harriman Trust and the E. Roland Harriman Trust are terminated;

b)    that Rocky View Holdings LLC will dispose of its beneficial interest in the land within three years of the date on which the W. Averell Harriman Trust and the E. Roland Harriman Trust are terminated;

c)    that the lands will continue to be used for agricultural purposes, and if such use ceases, The Canada Trust Company will dispose of its interest in the land, and also terminate Rocky View Holdings LLC’s beneficial interest in the land to an arms-length third party eligible to acquire the interest under the Regulations, within three years of the date that it ceases to use the land for agricultural purposes;

d)    that if The Canada Trust Company and Rocky View Holdings LLC do not dispose of their respective interests in the land in accordance with clauses (a), (b) and (c), the Court of Queen’s Bench in Alberta, on the application by originating notice of the (Alberta) Minister of Justice and Solicitor General, may order the judicial sale of their interest in the land; and

e)    that the proceeds of the judicial sale under clause (d) shall be applied first to pay the costs of the judicial sale including the costs of the (Alberta) Minister of Justice and Solicitor General in bringing the application for judicial sale, and secondly, to pay The Canada Trust Company and Rocky View Holdings LLC the amount paid by it for its interest in the land (so far as the proceeds of the sale will allow), and the amount, if any remaining, shall be paid into the General Revenue Fund of Alberta.

SCHEDULE

Foreign Ownership of Land Exemption – The Canada Trust Company

Legal Description of the Land

 

MERIDIAN 4 RANGE 28 TOWNSHIP 24

SECTION 29

THAT PORTION OF THE SOUTH EAST QUARTER

WHICH LIES TO THE NORTH OF THE NO. 1 HIGHWAY ON PLAN 7610158

CONTAINING 62.195 HECTARES (153.73 ACRES) MORE OR LESS

EXCEPTING THEREOUT ALL MINES AND MINERALS

AND THE RIGHT TO WORK THE SAME

MERIDIAN 4 RANGE 28 TOWNSHIP 24

SECTON 30

QUARTER NORTH EAST

CONTAINING 64.7 HECTARES (160 ACRES) MORE OR LESS

EXCEPTING THEREOUT THE RAILWAY RIGHT OF WAY ON PLAN

RY231 CONTAINING 1.076 HECTARES (2.66 ACRES) MORE OR LESS

EXCEPTING THEREOUT ALL MINES AND MINERALS

AND THE RIGHT TO WORK THE SAME

MERIDIAN 4 RANGE 28 TOWNSHIP 24

SECTION 20

THAT PORTION OF THE NORTH EAST QUARTER

WHICH LIES TO THE SOUTH OF THE NO. 1 HIGHWAY ON PLAN 7610158

CONTAINING 60.64 HECTARES (149.85 ACRES) MORE OR LESS

EXCEPTING THEREOUT ALL MINES AND MINERALS

AND THE RIGHT TO WORK THE SAME

 

FIRST

MERIDIAN 4 RANGE 28 TOWNSHIP 24

SECTION 31

QUARTER NORTH EAST

CONTAINING 64.7 HECTARES (160 ACRES) MORE OR LESS

EXCEPTING THEREOUT:

PLAN    NUMBER               HECTARES (ACRES)       MORE OR LESS

ROAD   1410550                      0.155                        0.38

EXCEPTING THEREOUT ALL MINES AND MINERALS

 

SECOND

MERIDIAN 4 RANGE 28 TOWNSHIP 24

SECTION 31

QUARTER SOUTH EAST

CONTAINING 64.7 HECTARES (160 ACRES) MORE OR LESS

EXCEPTING THEREOUT:

                                                            HECTARES  (ACRES) MORE OR LESS

A)   LEGAL SUBDIVISION 8                                16.2                40.00

B)   PLAN 0614243 – RIGHT OF WAY               2.89               7.14

EXCEPTING THEREOUT ALL MINES AND MINERALS