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Second Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 30

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           The definition "director" in section 1 of the English version is replaced with the following:

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

3           Clause 5(1)(a) is amended by adding "subject to section 5.1," before "determine the limits".

4           The following is added after section 5:

Minister may dispose of lands with minimal value

5.1(1)      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.

Parcels sold as a group

5.1(2)       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.

5           The following is added after section 6:

Delegation by minister

6.1         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.

6           Subsections 7.3(1) and (2) are replaced with the following:

Appointment of directors

7.3(1)      The minister shall appoint one or more persons as directors of agricultural Crown lands.

Director's decision-making powers

7.3(2)      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.

7(1)        Subsection 30(1) is amended by striking out "No person" and substituting "Subject to subsection (1.1), no person".

7(2)        The following is added after subsection 30(1):

Exception

30(1.1)     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.

8           The following is added after section 34:

Disclosure of names of purchasers

34.1        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).

Coming into force

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

Explanatory Note

This Bill makes a number of amendments to The Crown Lands Act.

Currently, all sales of Crown land must be approved by Cabinet. The Bill removes the requirement for Cabinet approval if the land to be sold has a value of not more than $25,000 or is held in trust for a municipality or local government district that has approved the proposed sale.

At present, department employees cannot acquire an interest in Crown land without Cabinet authorization.  The Bill enables department employees to acquire an interest in Crown land without Cabinet authorization if

  • the acquisition involves the transfer or assignment of a right or interest held by a private party;
  • the employee acquires specified licences or permits and the acquisition is approved by a committee of deputy ministers; or
  • the acquisition occurs through a public process, the employee discloses his or her position and has no involvement in the sale process and the acquisition is approved by a committee of deputy ministers.

Other amendments authorize the minister to delegate his or her powers to government employees and to appoint more than one director of agricultural Crown lands.