HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"agricultural Crown lands" means lands designated for agricultural purposes under section 7.2, and includes lands that are owned by a municipality which are subject to an administrative agreement with the minister responsible for agricultural Crown lands; (« terres domaniales agricoles »)
"appeal tribunal" means the appeal tribunal continued by section 38 of The Manitoba Agricultural Services Corporation Act; (« tribunal d'appel »)
"Crown" means Her Majesty the Queen in right of the province; (« Couronne »)
"Crown lands" includes land, whether within or without the province, vested in the Crown, and includes "provincial lands" wherever that expression is used in an Act of the Legislature; (« terres domaniales »)
"department" means the department of government over which the minister presides and through which this Act is administered; (« ministère »)
"director" means a person appointed as a director of agricultural Crown lands under subsection 7.3(1); (« directeur »)
"disposition" includes every act of the Crown whereby Crown lands or a right, interest, or estate therein are granted, disposed of, or affected, or by which the Crown divests itself of, or creates a right, interest, or estate in, land or permits the use of land; (« aliénation »)
"mineral" means a non-living substance that is formed by natural processes and is found on, in or under the surface of the ground, irrespective of chemical or physical state and before or after extraction, and includes oil, gas, helium, peat, peat moss and substances that are prescribed as minerals under The Mines and Minerals Act but does not include agricultural soil, surface water or ground water other than ground water that is obtained from a well as defined in The Oil and Gas Act; (« minéral »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"Natural Resources Agreement" means the agreement set out in the Schedule to The Manitoba Natural Resources Transfer Act; (« convention sur les ressources naturelles »)
"occupier" has the meaning given in The Municipal Assessment Act; (« occupant »)
(a) an officer designated under subsection 29(1), and
(b) a conservation officer appointed under The Conservation Officers Act; (« agent »)
"patent" includes grant. (« titre »)
S.M. 1991-92, c. 9, s. 251; S.M. 1993, c. 4, s. 226; S.M. 2000, c. 35, s. 33; S.M. 2001, c. 15, s. 2; S.M. 2008, c. 31, s. 2; S.M. 2013, c. 48, s. 4; S.M. 2015, c. 4, s. 17.
The branch of the department known as the "Lands Branch", under the control of the minister and through which the minister manages and administers Crown lands, is continued.
The minister shall annually lay before the Legislative Assembly, within 15 days after the first day of meeting thereof, a report of the proceedings, transactions, and affairs, of the Lands Branch during the year last preceding.
DEALINGS IN CROWN LANDS RESERVATIONS FROM DISPOSITIONS
In the absence of express provision to the contrary therein, there is reserved to the Crown out of every disposition of Crown land,
(a) in case the land extends
(i) to the sea or an inlet thereof, or
(ii) to the shores of any navigable water or an inlet thereof, or
(iii) to the boundary line between Canada and the United States of America, or between the province and the provinces of Ontario or Saskatchewan, or the Northwest Territories or Nunavut,
a strip of land one and one-half chains in width, measured from ordinary highwater mark or from the boundary line, as the case is;
(b) where the land borders a body of navigable water, the public right of landing from, and mooring, boats and vessels so far as is reasonably necessary;
(c) where the land borders a body of water,
(i) the bed of the body of water below ordinary highwater mark, and
(ii) the public right of passage over a portage road or trail in existence at the date of the disposition;
(d) mines and minerals, together with the right to enter, locate, prospect, mine for, and remove minerals;
(e) the right to, and to use, land necessary for the protection or development of adjacent water power; and
(f) the right to raise or lower the levels of a body of water adjacent to the land, regardless of the effect upon the land but subject to section 13.
Sand and gravel deemed to be reserved
Where mines and minerals have been, or are, reserved out of the disposition of land made under this Act or under The Provincial Lands Act, after July 15, 1930, the reservation shall be conclusively deemed to include, and always to have included, a reservation of sand and gravel.
Payments made under prior agreements
Notwithstanding subsection (2), where, prior to March 21, 1967, an agreement was entered into respecting sand and gravel the title to which is reserved to the Crown, on the understanding that the title to the sand and gravel was vested in some person other than the Crown, any payments made by way of royalty in respect of the sand and gravel, or by way of purchase price for the sand and gravel
(a) before March 21, 1967; or
(b) after March 21, 1967, but before the payments are contested by one of the parties to the agreement or by the minister;
are not invalid solely by reason of the title to the sand and gravel being in the Crown.
S.M. 1988-89, c. 13, s. 8; S.M. 1999, c. 17, s. 1.
POWERS OF LIEUTENANT GOVERNOR IN COUNCIL
The Lieutenant Governor in Council may
(a) subject to section 5.1, determine the limits to be placed upon the price of Crown lands and the terms and conditions of sale and of payment;
(b) lease Crown lands, other than agricultural Crown lands, for a period exceeding 21 years and determine the terms and conditions of the lease including the amount of any fee, rent or royalty payable thereunder;
(c) exchange Crown lands for other lands in the province, or purchase or lease other lands in the province;
(d) set aside out of the unoccupied Crown lands transferred to the province under the Natural Resources Agreement such areas as the Superintendent General of Indian Affairs, in agreement with the minister, selects as necessary to enable Canada to fulfil its obligations under the treaties with the Indians of the province;
(e) set aside Crown lands for use as provincial parks, provincial forests, wildlife management areas, game reserves, bird sanctuaries, public shooting grounds or public resorts, or for any other similar public purpose;
(f) set aside Crown lands for the sites of wharves or piers, market places, gaols, court houses, public parks or gardens, historic sites, town halls, hospitals, places of public worship, burying grounds, model and industrial farms or schools, and for purposes of agricultural exhibitions and for other like public purposes, and make free dispositions for any of such purposes if the trusts and uses to which they are subject are expressed in the disposition;
(g) dispose of to a railway, power, or tramway company or to a company authorized by law to construct, own, maintain, or operate, a pipeline for the transmission of oil or natural gas, and subject to any terms and conditions he sees fit to impose, a right-of-way or roadbed through Crown lands, together with such other Crown lands as are advisable or necessary for stations, station grounds, workshops, buildings, yards, ballast pit, or other appurtenances of the company;
(h) subject to subsection (2), dispose of, for such consideration as he determines, to persons engaged in a project of draining and reclaiming Crown swamp lands, the lands so reclaimed or a portion thereof;
(i) subject to subsection (3), set aside Crown lands suitable or required for the purposes of a harbour, landing, bridge site, airport, or landing field, or railway terminus, station or townsite;
(j) subject to subsection (3), withdraw Crown lands from disposition under this Act for reasons to be set forth in the order effecting the withdrawal;
(k) in connection with a question in respect of Crown lands, whether it arises before or after the issue of patent therefor, authorize the minister or an official of the Lands Branch to summon before him persons and to examine them under oath;
(l) make such regulations, not inconsistent with this Act, as are necessary to carry out this Act according to its obvious intent, or to carry out the Natural Resources Agreement or to meet cases which arise and for which no provision is made in this Act.
Ratification of disposition of certain swamp lands
Where lands disposed of pursuant to clause (1)(h) exceed an area equal to that of four townships, the disposition does not become effective until it has been ratified by the Legislature.
Limitation on disposal of certain Crown lands
Lands set aside or withdrawn pursuant to clause (1)(i) or (j) shall be disposed of only on such terms, and subject to such conditions, as are, in each case, prescribed by the Lieutenant Governor in Council.
Powers of minister, etc., respecting examination of persons summoned
The minister or other person authorized under clause (1)(k), to summon and examine persons on oath, has the powers and privileges of a commissioner appointed under Part V of The Manitoba Evidence Act.
[Repealed] S.M. 2010, c. 33, s. 12.
S.M. 2001, c. 15, s. 3; S.M. 2002, c. 47, s. 6; S.M. 2008, c. 31, s. 3; S.M. 2010, c. 33, s. 12.
Minister may dispose of lands with minimal value
Despite any other provision of this Act, the minister may sell or transfer Crown land without the approval or authorization of the Lieutenant Governor in Council if
(a) in the opinion of the minister, the value of the Crown land is $25,000. or less; or
(b) the Crown land is held in trust for a municipality or a local government district that has approved the sale or transfer.
The exception set out in clause (1)(a) does not apply if the Crown land in question consists of two or more parcels that are sold or transferred as a group and the aggregate value of all the parcels in the group is more than $25,000.
POWERS AND DUTIES OF MINISTER
The minister has the control and management of Crown lands and of the disposition thereof.
The minister may delegate to an employee of the government any power conferred or duty imposed on the minister under this Act or the regulations, except the power to make regulations.
The minister may, upon such terms and subject to such conditions, including the amount of any fee, rent or royalty payable, as are prescribed by the Lieutenant Governor in Council,
(a) lease Crown lands, other than agricultural Crown lands, for a term not exceeding 21 years, with or without an option to purchase;
(b) issue permits of occupation or use of Crown lands, other than agricultural Crown lands, from year to year;
(c) issue work permits authorizing specified work to be performed on Crown lands and authorizing entry upon the Crown lands for purposes of the work;
(d) issue licences for the occupation or use of Crown lands for specified purposes;
(e) issue any easement or right-of-way upon, over, under or in respect of Crown lands.
No permit operates to prevent the sale or lease of the lands at any time during its term and every permit is subject to the condition to be implied therein that the minister may give the permittee notice of the cancellation thereof; and at the expiration of one month from the service of the notice the permit shall be cancelled.
In case of the sale or lease of land held under permit, or in case the permit is cancelled, the permittee, upon obtaining the permission of the minister, and within the time limited by him, may remove improvements made by him on the land or hay cut; but in the case of the sale or lease of the land, if the minister considers it inadvisable to permit the removal of improvements or hay, the permittee shall be paid by the purchaser or lessee such sum as the minister determines to be a proper compensation therefor.
Additional payment under permits and leases
Where the minister issues or grants a permit or lease, for any purpose, with respect to Crown lands within a municipality, local government district or school district in unorganized territory, he may in each year fix an amount that subject to subsection (6) is equal or estimated by him to be approximately equal to the real property taxes that would be payable for that year by the permittee or lessee to the municipality, local government district or school district, as the case may be, if the right, interest or estate of the permittee or lessee in the lands were not exempt from assessment and taxation under The Municipal Assessment Act, and the minister shall add any amount so fixed to the fee or rental otherwise payable for or under the permit or lease in respect of that year, and the permittee or lessee shall pay the amount as part of and along with the fee or rental otherwise payable for or under the permit or lease.
Additional amounts payable to municipality, etc.
Where in any year the minister has fixed an amount under subsection (4) in respect of a permit or lease, the minister shall, on or before December 31 of that year, pay the amount to the municipality, local government district or school district, as the case may be, in which the Crown lands affected by the permit or lease are situated.
Adjustment of estimated amounts
In fixing an amount under subsection (4) in respect of a permit or lease in any year, the minister may make such adjustment to the amount as may be necessary to allow for any excessive amount or deficient amount fixed under that subsection in respect of the permit or lease in a prior year.
S.M. 1989-90, c. 24, s. 77; S.M. 1992, c. 58, s. 4; S.M. 2001, c. 15, s. 4.
In a lease or permit granted or issued under section 7, the minister may impose a condition requiring the lessee or permittee to obtain a work permit from the minister before undertaking any activity specified in the lease or permit.
The minister may impose terms and conditions on a work permit issued under this section or under clause 7(1)(c).
A person who
(a) fails to comply with a term or condition imposed on a work permit; or
(b) fails to comply with a condition imposed in a lease or permit under subsection (1) requiring the person to obtain a work permit before undertaking an activity;
is guilty of an offence.
On the recommendation of the minister and the minister responsible for The Water Protection Act, the Lieutenant Governor in Council may make regulations
(a) designating any area of Crown land as a provincially significant wetland;
(b) governing, regulating or prohibiting any use, activity or thing in a designated wetland or in any part of a designated wetland.
In deciding whether to recommend a regulation that designates Crown land as a provincially significant wetland, the ministers must consider
(a) whether the wetland is a coastal marsh directly linked to a large Manitoba lake;
(b) whether the wetland is valuable for the purposes of flood control, drought control, protection of a drinking water source, the recharge or discharge of groundwater or water quality protection;
(c) whether the wetland contains or could contain significant wetland ecosystems or biodiversity, including habitat for species declared endangered, threatened or extirpated under The Endangered Species and Ecosystems Act;
(d) any other matter the ministers consider appropriate.
A regulation made under subsection (1)
(a) is not to be interpreted so as to abrogate or derogate from the aboriginal and treaty rights of the aboriginal peoples of Canada that are recognized and affirmed by section 35 of the Constitution Act, 1982;
(b) does not affect the powers and duties of the minister responsible for the administration of The Water Rights Act; and
(c) does not affect the rights of a lessee under a lease of Crown lands.
S.M. 2011, c. 36, s. 2; S.M. 2013, c. 38, s. 24.
AGRICULTURAL CROWN LANDS
The minister may designate Crown lands as agricultural Crown lands.
The amount of any fee or rent payable under a lease, use permit or work permit, or for the transfer of a lease, use permit or work permit, respecting agricultural Crown lands must be determined in accordance with the regulations, which may
(a) prescribe the amount or a method of calculating it;
(b) require the amount to be determined by public tender;
(c) require the amount to be determined by public auction; or
(d) use a combination of two or more of the methods described in clauses (a) to (c) to determine the amount.
The Lieutenant Governor in Council may make regulations respecting the conduct of a public tender or public auction for the purpose of subsection (2), including regulations
(a) respecting the notice to be given of a public tender or public auction;
(b) respecting the establishing of reserve bids and other terms and conditions that may apply in a public tender or public auction.
S.M. 2001, c. 15, s. 5; S.M. 2018, c. 35, s. 2.
The minister shall appoint one or more persons as directors of agricultural Crown lands.
Director's decision-making powers
Subject to subsection (3) and the regulations, a director may take any of the following actions with respect to agricultural Crown lands:
(a) lease, approve the transfer of a lease, or cancel a lease for non-compliance with a condition of the lease;
(b) issue a use permit, approve the transfer of a use permit, or cancel a use permit for non-compliance with a condition of the permit;
(c) issue a work permit or cancel a work permit for non-compliance with a condition of the permit.
The fee or rent payable under a lease, work permit or use permit issued by the director shall be as provided in subsection 7.2(2).
Director to give notice of decision
The director shall notify, by ordinary mail, all persons whose interests, in the opinion of the director, may be affected by a decision of the director to issue, approve a transfer, or cancel, a lease or permit under subsection (2)
(a) of the decision;
(b) of the person's right to appeal under section 7.6; and
(c) the time limit for filing an appeal.
Application of certain provisions
Subsections 7(2) to (6) and section 7.1 apply, with necessary modifications, to all leases and permits issued by the director under this section.
S.M. 2001, c. 15, s. 5; S.M. 2008, c. 31, s. 6.
Duties, functions and powers of the appeal tribunal
For the purpose of this Act, the appeal tribunal
(a) is to hear and determine appeals under section 7.6; and
(b) may recommend to the minister policy changes on matters related to agricultural Crown lands.
Application of Manitoba Agricultural Services Corporation Act
When performing a duty or function or exercising a power under this Act, the appeal tribunal has the same powers as it has in its role under The Manitoba Agricultural Services Corporation Act.
S.M. 2001, c. 15, s. 5; S.M. 2013, c. 48, s. 4.
S.M. 2001, c. 15, s. 5; S.M. 2013, c. 48, s. 4.
Jurisdiction of the appeal tribunal
An appeal may be made to the appeal tribunal by a person who is aggrieved by a decision of the director to
(a) refuse to grant a lease or issue a use permit;
(b) refuse to approve the transfer of a lease or a use permit;
(c) refuse to grant a work permit; or
(d) cancel a lease, use permit or work permit for non-compliance with a condition of the lease, use permit or work permit.
No appeal in specified circumstances
If a lease, use permit or work permit is cancelled because of the failure to pay an amount owing under the lease, use permit or work permit, there is no right of appeal.
A person must file a written notice of appeal with the appeal tribunal within 30 days after the date the director sent the person notice of the decision, or within such further time as the appeal tribunal may permit.
A notice of appeal must contain
(a) the name and address of the person appealing;
(b) a copy of the notice of the decision of the director; and
(c) concisely stated reasons for the appeal.
Appeal tribunal may dismiss appeal without hearing
The appeal tribunal may dismiss an appeal without holding a hearing if the appeal tribunal is of the opinion the appeal is frivolous, vexatious, or does not comply with the requirements of subsection (4).
On receiving the notice of appeal, the appeal tribunal shall fix a day, time and place at which it will hear the appeal.
The appeal tribunal shall give at least 14 days notice of the date of the hearing to the appellant and any other person whose interests, in the opinion of the appeal tribunal, may be affected by its decision.
On considering the appeal, the appeal tribunal may
(a) confirm, set aside or vary the decision of the director; or
(b) refer the matter back to the director for further consideration in accordance with the appeal tribunal's instructions.
The decision of the appeal tribunal is final and binding on the parties and is not subject to appeal.
S.M. 2001, c. 15, s. 5; S.M. 2013, c. 48, s. 4.
SUBDIVISION AND PLANS
Minister may subdivide townsite
The minister may subdivide Crown lands into lots and lease or sell them at such price as he fixes within the limits prescribed by the Lieutenant Governor in Council, either by private sale or at public auction, an upset price being fixed therefor.
Approval of plans by Director of Surveys
No Crown lands shall be disposed of by sale or lease or the issue of an easement until a plan of survey of the lands has been approved by the Director of Surveys for the province, unless
(a) a plan thereof has been confirmed by the Surveyor General of Canada prior to July 15, 1930; or
(b) in the case of a disposition by lease, the Director of Surveys authorizes the disposition to be made without a plan of survey of the lands and on the basis of a legal description only.
REGISTER AND INFORMATION
Tariff of fees for leases, licences, etc.
The minister may establish a tariff of fees for the preparation of documents evidencing a disposition, and for copies of records of the Lands Branch, and for the registration of instruments therein, and for services rendered.
Registers and registration of documents affecting Crown lands
The minister shall cause to be kept in his department a register or registers in which shall be registered all documents evidencing a disposition of Crown lands and in which, upon compliance with such conditions as he imposes, may be registered an assignment of a right, interest, or estate, in Crown lands; and he shall cause all documents so registered to be endorsed with a certificate of registration.
Minister to provide list of disposed of lands
The minister shall advise the clerk of every municipality, and in unorganized or disorganized territory the assessor of every school district, of Crown lands disposed of during the year and of every cancellation of a disposition of Crown lands.
The minister shall furnish copies of plans of survey of Crown lands in his custody required for the preparation of assessment rolls.
Where Crown land is sold on terms, the sale may be evidenced by a contract of sale in a form approved by the minister.
A contract for the sale of land under subsection (1) may contain a provision specifying whether or not the Crown will pay compensation for possible future damage to the land or any improvements thereon resulting from
(a) the raising or lowering by the Crown, pursuant to clause 4(1)(f), of the level of any body of water adjacent to the land; or
(b) the flooding of the land or a portion thereof, from any cause whatsoever; or
(c) the flow of any water, not amounting to flooding, upon or adjacent to the land;
and the provision may specify the amount, or the method of calculating or determining the amount, of any such compensation that may be payable.
Where a contract for the sale of land under subsection (1) contains a provision under subsection (2) and specifies that the provision is a covenant running with the land, the minister may, on the basis of the covenant, file a caveat with a copy of the contract attached in the proper land titles office.
Agreements for protection of natural resources
Where an agreement entered into between the Crown and a person for the disposition of Crown lands contains a restriction on the development of all or part of the lands for the purpose of the protection of any natural resource and provides that the restriction may be enforced against a subsequent owner of the lands, and where a caveat is filed in accordance with subsection (2), the agreement shall be enforceable against the subsequent owner.
A party to an agreement under subsection (1) may file a caveat with a copy of the agreement attached in the proper land titles office.
Execution of documents by minister
Except where some other provision is made by an Act of the Legislature, the minister shall execute on behalf of the Crown, under his seal of office, all patents, transfers, and documents evidencing a disposition of Crown lands; and each patent, transfer, or other document shall, before being delivered, be registered in the department.
Execution of documents by officer
A licence or permit or a document evidencing a disposition that does not convey an estate or interest in the land may be executed by an officer of the department appointed for the purpose by the minister.
Patent not to be delivered to patentee
Notwithstanding any Act, or the terms of any contract for the sale of Crown lands made pursuant thereto, any patent evidencing a disposition of Crown lands issued or made under this or any other Act of the Legislature, shall not be delivered to the patentee named therein.
Any such patent shall be filed by the minister on behalf of the patentee named therein, without fee, in the land titles office of the land titles district in which the land mentioned therein is situated; and it shall be retained by the district registrar to be dealt with by the patentee named therein under The Real Property Act.
Document issued in error corrected
Where a document evidencing a disposition of Crown lands has been issued to, or in the name of, the wrong person or contains a clerical error, misnomer, or wrong or defective description of the land, or if there is in it an omission of the conditions of the disposition, the minister, if there is no adverse claim, may direct the defective document to be cancelled and a correct one to be issued in its stead; and the corrected document relates back to the date of the one so cancelled and has the same effect as if issued on that date.
Land disposed of more than once through error
Where, through error, a disposition is made of land already disposed of, the minister may
(a) order a disposition of other land to the person thereby deprived of land to a value equal to that of the original disposition at the time it was made; or
(b) cause a refund to be made of money paid on account of the disposition, with interest at such rate as the Lieutenant Governor in Council may fix from time to time;
but no claim under this section shall be entertained unless it is preferred within one year after the discovery of the error.
Deficiency of quantity in disposition
Where, by reason of incorrect survey or error in the books or plans in the Lands Branch, a parcel of land being disposed of contains less than the quantity of land described in the document evidencing the disposition, the minister may
(a) order a refund of any purchase money paid in respect of so much of the land as is deficient, with interest thereon at such rate as the Lieutenant Governor in Council may fix from time to time; or
(b) make a further disposition of land equivalent in value, in the opinion of the minister, to so much of the land as is deficient; or
(c) cancel the disposition made and order a disposition of other land equivalent in value, in the opinion of the minister, to the land originally disposed of;
but no claim shall be entertained under this section unless it is made within one year from the date of the disposition.
Where the minister is satisfied that title to land forming part of the bed of a body of water and reserved to the Crown out of the original grant of adjoining land from the Crown has through accretion become vested in the owner of the adjoining land, he may, in the manner required under section 51 of The Real Property Act, so certify, and thereupon, subject to such limits and rights respecting the accreted land as may be determined in a court proceeding if any taken under that section, the accreted land becomes part of the adjoining land to the same extent as if it had been included in the original grant of the adjoining land from the Crown and in each subsequent conveyance thereof.
Court of Queen's Bench may adjudge disposition void
Nothing in this Act deprives the Court of Queen's Bench of its jurisdiction to entertain an action respecting a disposition of Crown land made through fraud or in error or improvidence; and, if the court adjudges the disposition to be void, the minister shall cause an entry of the judgment to be made in the register.
Minister may give any notice required
Where, by law or by a document evidencing a disposition made under this or any Act of the Legislature, a notice relating to Crown lands is required to be given, or any act to be done, by or on behalf of the Crown, the notice may be given or act done by, or by the authority of, the minister.
Interest on moneys owing to Crown
Subject to subsections (2) and (3), interest shall accrue on and shall be paid in respect of moneys owing or payable to the Crown by reason of a disposition of Crown lands under this Act at a rate fixed by the Lieutenant Governor in Council.
Where a contract disposing of Crown lands under this Act provides for interest accruing on and being paid in respect of moneys owing or payable to the Crown under the contract at a rate fixed therein, the interest shall accrue and be paid at the rate fixed therein.
Rate of interest during prior periods
Where the Lieutenant Governor in Council fixes a rate of interest under subsection (1), interest accruing on and payable
(a) in respect of moneys owing to or payable to the Crown by reason of a disposition of Crown lands under this Act; and
(b) in respect of any period prior to the date on which the order fixing the rate of interest under subsection (1) comes into effect;
shall be at the rate in effect for that period.
Upon an assignment of a right, interest, or estate in Crown lands being produced to the minister, accompanied by such evidence as he requires, he may cause the assignment to be registered.
Priority of registration to govern
Registered assignments are entitled to priority according to the time of registration.
An assignment to be registered must be unconditional and for the entire right, interest, or estate, of the assignor; and all the conditions of this or any Act applicable thereto, and of the disposition under which a right, interest, or estate is claimed, shall be complied with, or compliance therewith dispensed with by the minister, before the registration is made.
REMEDIES RECOVERY OF RENTS AND ROYALTIES
Where any rent, royalty, or consideration, for the use of Crown lands or in respect of any right, interest, or estate therein, payable to the Crown, under a disposition, is in arrear,
(a) the minister or any person authorized by him in writing may, subject to subsection (2), issue a distress warrant to a person named therein, who shall proceed to distrain on the goods and chattels of the person liable to pay the rent, royalty, or consideration, wherever they are found, and on all the goods and chattels found upon the lands, for the recovery of the rent, royalty, or consideration in arrear, and may sell them; and
(b) the minister may bring an action therefor and recover the rent, royalty or consideration as a debt due the Crown.
No distress under subsection (1) shall be made on goods and chattels that would be exempt from seizure by a landlord under The Landlord and Tenant Act.
Nothing herein alters or affects any right the Crown may otherwise have to recover the rent, royalty, or consideration.
Cancellation for default in payment
Where a disposition is, or at any time has been, made to a person of Crown lands, other than by grant of the lands, there is implied in the disposition a condition that the minister may cancel the disposition for
(a) default in payment of rent or royalty; or
(b) default in payment of the consideration thereby reserved or an instalment thereof; or
(c) the breach or non-performance of a covenant, proviso, condition, or stipulation therein contained, to be kept, observed, or performed, by the person;
by a written notice mailed to the person at his last known place of abode, stating the intention of the minister to do so at the expiration of 30 days from the date of the notice.
Effect of notice of cancellation
Upon the mailing of a notice pursuant to subsection (1), and upon the expiration of 30 days from the date thereof, the rights of the person and of all persons claiming through or under him cease and determine; and the minister may, in his discretion, forfeit to the Crown any or all moneys paid in respect of the disposition, and dispose of the lands as if no disposition thereof had ever been made.
Discharge of caveats, etc., on certificate of minister
Upon such a cancellation, all caveats, certificates of judgment, lites pendentes, caveats by the district registrar, tax applications, memorials of tax sales, and all other liens or charges affecting or operating as a charge upon the lands so mentioned or any interest therein, shall, as regards those lands or interest therein, be vacated and discharged; and upon receipt of the certificate of the minister stating that the disposition has been cancelled and describing the land, the proper district registrar or registrar shall make any necessary entries in his records to give effect to this provision.
Cancellation of unauthorized registrations
Where the minister has not cancelled a disposition, and a caveat, certificate of judgment, lis pendens, caveat by a district registrar, tax application, memorial of tax sale or other lien, charge, or encumbrance, purporting to affect the title of Crown lands,
(a) is registered in a land titles office; and
(b) according to the records of the Lands Branch; was created
(i) by or through a person who had no interest in the land, or
(ii) by or through a person whose interest arose by virtue of a homestead entry, purchase, or other disposition, that has been cancelled, surrendered, or quit-claimed;
the Lieutenant Governor in Council, by an order in council containing a description of the land affected thereby, may cancel and discharge the registration; and, upon receipt of a duly certified copy of the order in council, the district registrar shall make the entries in the register or other records of the land titles office necessary to give effect to this subsection.
Minister may cancel disposition for fraud
Where the minister is satisfied that a person who has obtained a disposition of Crown lands, or an assignee claiming in respect of the disposition under or through him, has been guilty of fraud or imposition, or where a disposition has been made or issued in error or mistake, he may, without giving any notice, cancel the disposition, whereupon all rights of persons thereunder cease and determine; and in cases of fraud or imposition, he may forfeit to the Crown any or all moneys paid in respect of the disposition, and, in any case, he may dispose of the lands as if no disposition thereof had ever been made.
POSSESSION OF LAND ADVERSELY HELD
Notice to vacate where wrongful possession
Where a person
(a) is or continues in adverse possession of Crown lands; or
(b) refuses or fails to vacate or cease using, possessing, or occupying Crown lands; or
(c) refuses or fails to deliver up possession of Crown lands after his right to use, possess, or occupy them has been cancelled;
the minister may serve that person with a notice calling upon him forthwith to vacate and cease using, possessing, or occupying the land, and to deliver up possession thereof to the Crown.
Where the person makes default in complying with the terms of the notice for 10 days after the date of service thereof, the minister may obtain from a judge of the Court of Queen's Bench, a summons directed to that person to show cause why an order should not be made for removing him from the land and putting the Crown in possession thereof; and the summons shall be returnable not less than seven days after service.
Where upon the return of the summons, it appears that the person has not vacated the land or ceased using, possessing, or occupying it or delivered up possession of it, or if he fails to show good cause to the contrary, the judge shall make an order directing the sheriff forthwith to remove the person from the land and to put the Crown in possession thereof.
The sheriff shall forthwith remove the person from the land and also all members of his family and all other persons who, under his authority, direction or permission are using or occupying the land; and in the execution of the order the sheriff may employ and take with him such assistance as is necessary for the purpose.
It is sufficient service of the notice or summons if a copy thereof is left with an adult person on the land, or where no adult person is found on the land, if a copy is put up in a conspicuous place thereon.
Penalty for breach of order of possession
Any person remaining upon Crown lands or returning thereto, or assuming any right or possession, occupancy, or use thereof, after having been ordered to vacate the lands or after having been removed therefrom under this section, is guilty of an offence.
Illegal occupation of Crown lands prohibited
Except in the exercise of a right or authorization given or a duty imposed by law, any person who
(a) uses or occupies; or
(b) enters, uses or occupies any building or structure upon; or
(c) brings or erects, and leaves, any building, structure or thing upon;
any Crown lands, including Crown lands in a local government district or set aside or designated by order in council as public shooting grounds, a fur rehabilitation block, a wildlife management area, a provincial park or a provincial forest, or for any other similar purpose is guilty of an offence.
Where a judge
(a) in any of the circumstances set out in clause (1)(a), (b) or (c), makes an order for removal and possession against a person under subsection (3); or
(b) convicts a person of an offence under subsection (6) or (7);
the person is liable for payment of the costs of the legal proceedings, including in the case of the order for removal and possession the costs of executing the order, and, where damage results to Crown land from the circumstances upon which the order is based or from the offence upon which the conviction is based, the person is also liable for payment of the expense of repairing the damage and restoring the Crown land to its original condition, and those costs and that expense are recoverable in those proceedings or in any court of competent jurisdiction.
Buildings to become property of Crown
Where an order for possession is made, all buildings and erections upon the Crown lands affected thereby, whether affixed thereto or not, become forthwith the property of the Crown; but the minister, in his discretion and upon terms as to time of removal, costs, or otherwise, may grant a permit for the removal thereof.
The minister may designate any person as an officer for the purpose of enforcing this Act.
Where the minister or an officer is satisfied
(a) that a person is in adverse possession or other wrongful possession or occupation of Crown land or is wrongfully using Crown land within the meaning of clause 27(1)(a), (b) or (c), or is contravening a provision of subsection 27(7), or is creating a nuisance or disturbance or committing a trespass on Crown land; and
(b) that failure to remedy the circumstances set out in clause (a) of this subsection forthwith
(i) is likely to cause damage to the Crown land or any thing upon the Crown land, or
(ii) is likely to increase damage already caused by those circumstances to the Crown land or any thing upon the Crown land, or
(iii) constitutes a danger to public safety, or
(iv) is contrary to the public interest;
and the person fails to comply with a written notice, served or left or posted up in accordance with subsection (3), requiring him forthwith to remedy the circumstances and to repair any damage caused by the circumstances to the Crown land or to any thing upon the Crown land and to restore the damaged Crown land or thing to its original condition, the minister or officer may, without further notice or legal process and notwithstanding section 27, forthwith take such steps as he deems necessary to remedy the circumstances and to effect the repair and the restoration.
A notice required under subsection (2) shall be served personally upon the person to whom it is directed but, if the person cannot after a reasonably diligent search be found on the premises where the steps under subsection (2) are proposed to be taken, the notice is deemed to be sufficiently served if it is left with another adult person on the premises or, where no other adult person is found on the premises, if it is posted up in a prominent location upon any building, structure, fence, pole, tree or other suitable thing upon the premises.
Removal of unauthorized persons, goods, etc.
The minister or an officer, in taking any steps against a person under subsection (2), may, without restricting the generality of that subsection,
(a) remove or evict the person and any agent or employee of the person from the Crown land or from any building or structure upon the Crown land;
(b) seize any goods, materials or effects of the person, or of any agent or employee of the person, which are found upon the Crown land and which are being used to create the circumstances described in subsection (2); and
(c) where reasonably required to terminate the circumstances described in subsection (2), either
(i) remove the goods, materials or effects from the Crown land, or
(ii) hold the goods, materials or effects in proper custody upon the Crown land.
Any steps taken against a person under subsection (2) are in addition to and not in substitution for any penalty to which the person may be liable under this Act by virtue of the circumstances upon which the steps are based, and
(a) any costs incurred by the minister or an officer in taking the steps, including the costs of removing or evicting any person and the costs of seizing, and removing and storing or holding in custody, any goods, materials or effects; and
(b) any expense incurred by the minister or an officer in repairing damage caused by the circumstances to Crown land or any thing upon Crown land or in restoring the Crown land or thing to its original condition;
are a debt due to the Crown from the person, recoverable in any court of competent jurisdiction.
The minister or an officer, in taking any steps under subsection (2), may use such assistance from other persons and may employ such force as is reasonably necessary to carry out the steps effectively.
Any goods, materials or effects seized and removed from Crown lands under subsection (4) shall be taken to a place designated by the minister, or by the officer seizing and removing the goods, materials or effects, and shall be stored there subject to subsections (8), (9), (10) and (11).
A person who feels aggrieved by any steps taken against him under this section may, within 30 days from the date of the service or posting up of the notice required under subsection (2), apply for relief to a judge of the Court of Queen's Bench and the judge may appoint a time and place for hearing the application.
A judge, at any hearing of an application held before him under subsection (8), may
(a) dismiss the application; or
(b) grant the application, in whole or in part and with such variations and on such terms and conditions as he deems proper;
and may make such other order as to costs or otherwise as he deems proper.
Where goods, materials or effects have been seized under subsection (4) and the circumstances described in subsection (2) have terminated, the minister or an officer shall
(a) in the case of goods, materials or effects which have been removed from the Crown land and stored, return the goods, materials or effects to the person who is lawfully entitled to them or permit that person to retrieve them from storage;
(b) in the case of goods, materials or effects held in custody on Crown land, permit the person lawfully entitled to them to enter upon the Crown land and remove them.
Where the circumstances described in subsection (2) have terminated for six months or more and the person who is lawfully entitled to possess the goods, materials or effects is unknown or cannot be located after reasonable effort, the goods, materials or effects become the property of the Crown and may be disposed of as the minister or an officer directs.
For the purposes of this section, the minister or an officer may enter and inspect any Crown land or any building or structure upon Crown land.
For the purposes and in the course of the enforcement of this section, the minister or an officer and any person assisting or acting on the instructions of the minister or officer may enter upon and pass through or over private land without being liable for trespass.
For the purposes of this section, an officer is, and has and may exercise the powers and authority of, a police constable or peace officer.
Neither the Crown nor the minister nor any officer, nor any person assisting or acting on the instructions of the minister or officer in the enforcement of this section, is liable for any loss or damage suffered by any person as a result of
(a) any steps taken by the minister or officer under this section; or
(b) any thing done or omitted to be done, in the course of taking those steps or for the purposes thereof, by the minister or officer or the person assisting or acting on the instructions of the minister or officer;
PROHIBITIONS AND PENALTIES
No employee to acquire Crown lands
Subject to subsection (1.1), no person holding an office under this Act or employed in the department shall, unless authorized by the Lieutenant Governor in Council, while holding the office or employment, directly or indirectly purchase any right, title, or interest in Crown lands, or land scrip issued by the Government of Canada before July 15, 1930, or deal or traffic therein, either in his own name or by the interposition of any other person, or in the name of any other person in trust for himself, or take or receive any fee or emolument for negotiating or transacting any business connected with the duties of his office or employment.
A person holding an office under this Act or employed in the department may, directly or indirectly, purchase a right, title or interest in Crown land without the authorization of the Lieutenant Governor in Council, if the purchase
(a) involves the assignment or transfer of a right or interest in Crown land held by a private party;
(b) involves a licence or permit of occupation or use of Crown lands under subsection 7(1) or a permit under subsection 7.3(2) and the purchase is approved in writing by a committee of at least three deputy ministers appointed by the Lieutenant Governor in Council; or
(c) occurs as the result of a public draw, public tender or public auction, or involves the acquisition — after public advertisement — of a lease of agricultural Crown land, and
(i) the fact that the person holds an office under this Act or is employed by the department is disclosed to government officials responsible for the sale at the earliest possible opportunity,
(ii) the person has no involvement in determining who may purchase the right, title or interest, and
(iii) the purchase is approved in writing by a committee of at least three deputy ministers appointed by the Lieutenant Governor in Council.
A person who contravenes subsection (1) forfeits his office or employment and is guilty of an offence.
S.M. 2000, c. 35, s. 33; S.M. 2008, c. 31, s. 7.
Intimidation at sales, etc. of public lands
A person who, before or at the time of the public sale or other public disposition of Crown lands or a right, interest or estate in Crown lands, by intimidation, combination with others or unfair management, hinders or prevents or attempts to hinder or prevent another person from bidding upon or purchasing or otherwise acquiring the lands or the right, interest or estate in lands so offerred for sale or other disposition, is guilty of an offence.
Any person who hinders, obstructs or impedes any other person in the performance of his duties under this Act is guilty of an offence.
Every person who is guilty of an offence under this Act or the regulations for which no specific penalty is provided herein is liable, on summary conviction, to a fine not exceeding $10,000. and, in default of the payment thereof, to imprisonment for a term not exceeding 90 days.
No person may acquire title to or any claim upon Crown land by any length of possession.
Disclosure of names of purchasers
The government may publish — on a website or through other public means — the name of the purchaser of a right, title or interest in Crown land under section 5.1 or subsection 30(1.1).
Application of former provisions of The Animal Husbandry Act
Notwithstanding their repeal, sections 9 to 19, 27 and 28 of The Animal Husbandry Act, R.S.M. 1987, c. A90, continue to apply to Crown lands in unorganized territory.
DISSOLUTION OF APPEAL BOARD AND TRANSITIONAL PROVISIONS
The following definitions apply in this section and sections 37 to 39.
"former Act" means this Act as it read immediately before the coming into force of this section. (« loi antérieure »)
"former appeal board" means the Agricultural Crown Lands Appeal Board established by subsection 7.4(1) of the former Act. (« ancienne commission d'appel »)
Dissolution of former appeal board and termination of members' appointments
On the coming into force of this section,
(a) the former appeal board is disestablished; and
(b) the appointments of the members of the former appeal board are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished.
Limited continuation of former Act and board
Despite subsection (1),
(a) the former Act continues in force; and
(b) the former appeal board, consisting of the members of the board in office on the day before this section came into force, is continued;
to the extent necessary to permit the former appeal board to complete any matter in relation to which it has heard or considered evidence or submissions before the coming into force of this section.
Other matters before the former appeal board
Except in the circumstances described in subsection (2), all matters before the former appeal board when this section comes into force must be dealt with in accordance with this Act by the appeal tribunal.
Judicial review of decisions of former appeal board
If a person commences a legal proceeding for judicial review of a decision or action of the former appeal board, the proceeding must be taken against the appeal tribunal.
The Lieutenant Governor in Council may make regulations respecting any transitional or other problem resulting from the disestablishment of the former appeal board.