O.C. 145/2021

May 27, 2021


            The Lieutenant Governor in Council orders that the transaction under which the fee simple interest in the land described in the attached Schedule is acquired by G3 Canada Limited or by any existing or future affiliate of G3 Canada Limited for the construction and operation of a grain elevator facility and related infrastructure 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

In this Appendix,

1. the “Corporation” is defined as G3 Canada Limited and any current or future affiliate of G3 Canada Limited as defined in the Business Corporations Act (Alberta); and

2. the “Project” is defined as the construction and operation of a grain elevator facility and related infrastructure.

 

This order is subject to the following conditions:

a)    the Corporation must ensure that all required material approvals, licences, permits or other authorizations are obtained under federal, provincial or municipal laws for the Project;

b)    if the Corporation does not obtain all required material approvals, licences, permits or other authorizations, it will dispose of its 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 the Corporation is unable to obtain the required material approvals, licences, permits or other authorizations;

c)    if the Corporation ceases to use the land for the purpose of the Project, it will dispose of its interest 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 the purpose  of the Project;

d)    if use of the land for the purpose of the Project ceases and reclamation of the land is ordered pursuant to any Act or Regulation of the Province of Alberta, the Corporation will dispose     of its interest in the land within three years of the completion of reclamation;

e)    if the Corporation does not dispose of its interest in the land in accordance with clauses b), c), and d), the Court of Queen’s Bench of Alberta, upon application of the Minister of Justice and Solicitor General (Alberta) by way of originating notice, may order the judicial sale of  the Corporation’s interest in the land;

f)     the proceeds of a judicial sale ordered under clause (e) shall firstly be applied to pay the costs of the judicial sale including the costs of the Minister of Justice and Solicitor General (Alberta) in bringing the application for judicial sale, secondly be applied to pay the Corporation the amount paid by it for its interest in the land and amounts expended by the Corporation in connection with the Project (so far as the proceeds of the sale will allow),    and thirdly any remaining proceeds shall be paid into the General Revenue Fund of   Alberta; and

g)    if the Corporation acquires a larger area of land than is required for the Project and if any unused portions can be reasonably subdivided from the area required for the Project, the Corporation will arrange for such subdivision and divest itself of the unused area within   three years of the subdivision being approved by the local municipal authority. The Corporation shall not be required to subdivide any land if subdivision would unreasonably interfere with the Project.

 

 

 

 

 

 

 


SCHEDULE

Foreign Ownership of Land Exemption

G3 Canada Limited

Legal Description of the Lands

 

  1. ALL THAT PORTION OF RIVER LOT ONE (1) 

IN TOWNSHIP SEVENTY EIGHT (78) 

RANGE FIVE (5) 

WEST OF THE SIXTH MERIDIAN IN THE SAID PROVINCE, AS SHOWN ON A PLAN OF SURVEY OF THE SAID TOWNSHIP SIGNED AT OTTAWA ON THE 7TH DAY OF MARCH A.D. 1916, DESCRIBED AS FOLLOWS:  COMMENCING AT AN IRON POST AND MOUND AT THE INTERSECTION OF THE WESTERLY LIMIT OF THE STATUTORY ROAD ALLOWANCE ALONG THE WEST BOUNDARY OF SECTION THREE (3) OF SAID TOWNSHIP WITH THE NORTH BOUNDARY OF SAID LOT ONE (1), THENCE DUE WEST TO THE DIVIDING LINE BETWEEN THE EAST AND WEST HALVES OF SECTION FOUR (4) OF SAID TOWNSHIP, THENCE DUE SOUTH ALONG THE SAID DIVIDING LINE A DISTANCE OF TWENTY (20) CHAINS TO THE SOUTH WEST CORNER OF SAID LOT ONE (1), THENCE DUE EAST TO THE POINT WHERE THE LEFT BANK OF BREMNER CREEK IS FIRST INTERSECTED, THENCE DESCENDING WITH THE STREAM ALONG THE SAID LEFT BANK TO THE MOST WESTERLY POINT OF INTERSECTION OF THE SAID LEFT BANK BY A LINE DRAWN DUE EAST FROM THE POINT OF COMMENCEMENT, THENCE DUE WEST TO THE POINT OF COMMENCEMENT.

EXCEPTING THEREOUT:                  HECTARES (ACRES) MORE OR LESS 

A) ALL THAT PORTION WHICH LIES WITHIN THE LIMITS OF THE STATUTORY ROAD 

ALLOWANCE CROSSING THE SAID LOT. 

B) PLAN 2765 CL   - ROAD                 0.008                  0.02 

C) PLAN 2741 JY   - ROAD                 1.02                    2.52 

D) PLAN 484 NY    - ROAD                  0.809                 2.00 

D) PLAN 9820327   - ROAD                 0.011                 0.03 

EXCEPTING THEREOUT ALL MINES AND MINERALS

 

 

 

 

  1. MERIDIAN 6 RANGE 5 TOWNSHIP 78

RIVER LOT 2

AS SHOWN ON A PLAN OF SURVEY OF THE SAID TOWNSHIP DATED ON THE

7TH DAY OF MARCH AD 1916

EXCEPTING THEREOUT

(A) THE STATUTORY ROAD ALLOWANCE CROSSING THE SAID LOT

(B) 1.05 HECTARES (2.60 ACRES), MORE OR LESS FOR ROAD

AS SHOWN ON ROAD PLAN 2741UY

EXCEPTING THEREOUT ALL MINES AND MINERALS

 

  1. MERIDIAN 6 RANGE 5 TOWNSHIP 78

SECTION 4

QUARTER SOUTH WEST

CONTAINING 64.3 HECTARES (159 ACRES) MORE OR LESS

EXCEPTING THEREOUT:                         HECTARES (ACRES) MORE OR LESS

A) PLAN 4030 BT - RAILWAY                   2.47                6.11

B) PLAN 9925698 - ROAD                         0.387               0.96

EXCEPTING THEREOUT ALL MINES AND MINERALS