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S.M. 2008, c. 31
Bill 30, 2nd Session, 39th Legislature
The Crown Lands Amendment Act
(Assented to June 12, 2008)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
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:
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:
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.
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:
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:
7.3(1) The minister shall appoint one or more persons as directors of agricultural Crown lands.
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;
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):
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
8 The following is added after section 34:
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).
9 This Act comes into force on the day it receives royal assent.