O.C. 382/2018

December 4, 2018


            The Lieutenant Governor in Council orders that the transaction under which an interest in the land described in the attached Schedule is acquired by Peace River Logging Corporation, as general partner of Peace River Logging Limited Partnership, for the purpose of constructing and operating a shop, and a log storage and processing yard 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 Peace River Logging Corporation (“PRLC”), as general partner of Peace River Logging Limited Partnership (the “LP”) must ensure that all required material approvals, licences, permits or other authorizations of any kind are obtained under federal, provincial or municipal laws in respect of constructing and operating a shop, and a log storage and processing yard;

b)    that if PRLC does not obtain all required material approvals, licences, permits or other authorizations of any kind, it will dispose of its interest in the land, and also terminate the LP’s beneficial interest in the land by a bona fide sale to an arms-length third party eligible to acquire the interest under the Regulations;

c)    that PRLC must manage the lands to ensure noxious weeds and prohibited noxious weeds are controlled or destroyed as required by the Weed Control Act;

d)    that if PRLC ceases to use the land for a shop, and a log storage and processing yard, and at that time PRLC is not then an eligible person to hold the land under the Regulations, then PRLC will dispose of its interest in the land, and also terminate the LP’s beneficial interest in the land by a bona fide sale 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 a shop, and a log storage and processing yard;

e)    that if such use of the land for a shop, and a log storage and processing yard ceases, and at that time PRLC is not then an eligible person to hold the interest in the land under the Regulations, and if reclamation of the land is ordered pursuant to any Act or Regulation of the Province of Alberta, then PRLC will dispose of its interest and terminate the LP’s beneficial interest within three years of the completion of reclamation;

f)    that if PRLC is required to dispose of its interest in the land under clauses  b), d) or e) then the LP shall not acquire the beneficial interest in the land;

g)    that if PRLC does not dispose of its interest in the land in accordance with clauses b), d) or e) 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 PRLC’s interest and terminate the LP’s beneficial interest, and;

h)    that the proceeds of the judicial sale under clause g) 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 PRLC the amount paid by it for its interest in the land inclusive of the amount paid by PRLC for all buildings, fixtures and improvements then situate on 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;

i)    that PRLC will dispose of its interest, and terminate the LP’s beneficial interest in NE 11-85-20-W5 by a bona fide sale to an arms-length third party eligible to acquire the land within three years of the date of this Order in Council.


SCHEDULE

Foreign Ownership of Land Exemption

 Peace River Logging Corporation, as general partner of

 Peace River Logging Limited Partnership

Legal Description of the Land

MERIDIAN 5 RANGE 19 TOWNSHIP 85

SECTION 20

QUARTER SOUTH EAST

CONTAINING 64.3 HECTARES (159 ACRES) MORE OR LESS

EXCEPTING THEREOUT:                         HECTARES              (ACRES) MORE OR LESS

A)   PLAN 9221118 – ROAD                     4.830                        11.93

EXCEPTING THEREOUT ALL MINES AND MINERALS

AND THE RIGHT TO WORK THE SAME

 

MERIDIAN 5 RANGE 19 TOWNSHIP 85

SECTION 21

QUARTER SOUTH WEST

EXCEPTING THEREOUT ALL MINES AND MINERALS

AND THE RIGHT TO WORK THE SAME

AREA: 64.3 HECTARES (159 ACRES) MORE OR LESS