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3rd Session, 41st Legislature

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Bill 35

THE CROWN LANDS AMENDMENT ACT (IMPROVED MANAGEMENT OF COMMUNITY PASTURES AND AGRICULTURAL CROWN LANDS)


  Bilingual version (PDF) 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           Subsection 7.2(2) is replaced with the following:

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 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.

Regulations

7.2(3)      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.

3           The following is added after section 7.6 and before the centred heading that follows it:

COMMUNITY PASTURES

Purpose

7.7(1)      The purpose of community pastures is to support grazing and haying on rangelands in a manner that maintains and conserves the ecological integrity and natural biodiversity of the area.

Designation

7.7(2)      The Lieutenant Governor in Council may, by regulation, designate any of the following as community pastures:

(a) Crown lands;

(b) if the lands are subject to an agreement giving the Crown the right to designate them as community pastures,

(i) privately owned lands,

(ii) lands that are owned by the Government of Canada, or

(iii) lands that are owned by a municipality.

Minister to administer community pastures

7.7(3)      The minister is responsible for administering and managing community pastures designated under this section in accordance with their purpose.

Minister may enter management agreement

7.7(4)      The minister may enter into an agreement with any of the following for the purposes of administering and managing one or more community pastures:

(a) the Government of Canada;

(b) a municipality;

(c) the council of a band as defined in the Indian Act (Canada), or an organization performing government functions on behalf of one or more bands;

(d) a non-profit organization;

(e) any other person or group of persons.

Contents of agreement

7.7(5)      An agreement entered into under this section may address

(a) the policies, practices, standards or guidelines that must be followed in administering and managing the community pastures;

(b) the role of an advisory group established to assist in administering and managing the community pastures; and

(c) the fees payable for accessing or using the community pastures, including the amounts, collection and use of the fees.

Annual report

7.7(6)      The minister must include in each annual report of the minister's department a report on the use of designated community pastures in the year and what measures were taken in the year to maintain and conserve the ecological integrity and natural biodiversity of the pastures.

Regulations

7.7(7)      The Lieutenant Governor in Council may make regulations

(a) governing, regulating or prohibiting any use, activity or thing in designated community pastures or in specific designated community pastures;

(b) respecting the administration and management of designated community pastures or specific designated community pastures, including the responsibilities of parties who enter into agreements with the minister under subsection (4) in respect of the pastures;

(c) establishing an advisory group to assist in administering and managing designated community pastures or specific designated community pastures, including regulations respecting its membership, its functions and how it carries out its functions.

Coming into force

4           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Crown Lands Act.

Currently, fees or rent for leases and permits for agricultural Crown lands may be determined by public tender. This Bill enables regulations that provide for public auctions to also be used.

The Bill enables Cabinet to designate certain lands as community pastures and to regulate their use. The purpose of community pastures is to support haying and grazing on rangelands in a manner that conserves the lands' ecological integrity and biodiversity. Once designated, community pastures must be managed in accordance with this purpose.