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Second Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 19

THE CROWN LANDS AMENDMENT ACT


Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. C340 amended

1           The Crown Lands Act is amended by this Act.

2           Section 1 is amended by adding the following definitions in alphabetical order:

"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 »)

"board" means the Agricultural Crown Lands Appeal Board established under section 7.4; (« Commission »)

"director" means the person appointed as the director of agricultural Crown lands under subsection 7.3(1); (« directeur »)

3           Clause 5(1)(b) is amended by adding ", other than agricultural Crown lands" after "Crown lands".

4           Clauses 7(1)(a) and (b) are amended by adding ", other than agricultural Crown lands," after "Crown lands".

5           The following is added after section 7.1:

AGRICULTURAL CROWN LANDS

Designation

7.2(1)      The minister may designate Crown lands as agricultural Crown lands.

Fees and rents

7.2(2)      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 shall be

(a) as prescribed by regulation; or

(b) determined by public tender.

Appointment of director

7.3(1)      The minister shall appoint a person as the director of agricultural Crown lands.

Director's decision making powers

7.3(2)      Subject to the subsection (3), and the regulations made under this Act, the director may

(a) lease agricultural Crown lands;

(b) issue work permits and use permits for agricultural Crown lands;

(c) approve the transfer of a lease of agricultural Crown lands or a use permit respecting agricultural Crown lands; or

(d) cancel a lease granted under clause (a) or a use permit or work permit issued under clause (b) for non-compliance with a condition of the lease, use permit, or work permit.

Fees and rents payable

7.3(3)      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

7.3(4)      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

7.3(5)      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.

Constitution of appeal board

7.4(1)      The Lieutenant Governor in Council may establish an Agricultural Crown Lands Appeal Board, consisting of no more than five members appointed by the Lieutenant Governor in Council, to

(a) hear and determine appeals under section 7.6; and

(b) recommend to the minister policy changes on matters related to agricultural Crown lands.

Membership

7.4(2)       The Lieutenant Governor in Council shall appoint one of the members chairperson and one as vice-chairperson.

Quorum

7.4(3)      A quorum of the board is three members, of whom one must be the chairperson or the vice-chairperson.

Procedure

7.5(1)      The board may establish its own rules of practice and procedure.

Hearing

7.5(2)      The board may conduct a hearing orally, including by telephone, or in writing, or partly orally and partly in writing.

Evidence

7.5(3)      The board may receive evidence in any manner that it considers appropriate, and is not bound by the rules of law respecting evidence applicable to judicial proceedings.

Investigation and inspection

7.5(4)      The board may, before or during a hearing, carry out any investigation or inspection or refer any question for an expert opinion that it considers necessary or advisable.

Jurisdiction of the board

7.6(1)      An appeal may be made to the board 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

7.6(2)      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.

Time for filing appeal

7.6(3)      A person must file a written notice of appeal with the board within 30 days after the date the director sent the person notice of the decision, or within such further time as the board may permit.

Contents of notice of appeal

7.6(4)      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.

Board may dismiss appeal without hearing

7.6(5)      The board may dismiss an appeal without holding a hearing if the boards is of the opinion the appeal is frivolous, vexatious, or does not comply with the requirements of subsection (4).

Fixing of date for hearing

7.6(6)      On receiving the notice of appeal, the board shall fix a day, time and place at which it will hear the appeal.

Notice of hearing

7.6(7)      The board 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 board, may be affected by its decision.

Decision

7.6(8)      On considering the appeal, the board 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 board's instructions.

Decision final and binding

7.6(9)      The decision of the board is final and binding on the parties and is not subject to appeal.

SUBDIVISION AND PLANS

6           The centred heading "REGISTER AND INFORMATION" is added before section 10.

Coming into force

7           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill provides a formal appeal mechanism for leases, use permits and work permits for agricultural Crown lands.

In doing so, this Bill:

  • defines agricultural Crown lands;
  • provides for a Director of agricultural Crown lands, and enables the Director to
    • lease, issue work permits and use permits, and approve the transfer of leases and use permits, in relation to agricultural Crown lands; and
    • cancel leases and permits for non-compliance with conditions;
  • creates an Agricultural Crown Lands Appeal Board to deal with appeals from decisions of the Director.