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The Crown Land Dispositions Act (Various Acts Amended)

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S.M. 2021, c. 17

Bill 12, 3rd Session, 42nd Legislature

The Crown Land Dispositions Act (Various Acts Amended)

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Crown Lands Act, The Expropriation Act, The Land Acquisition Act, The Public Works Act, The Transportation Infrastructure Act and The Water Resources Administration Act. Uniform rules are established respecting authorizations required to sell or lease Crown lands. The Minister of Finance must authorize Crown land sales if the value of the land is between $200,000 and $1 million. Cabinet authorization is required for leases of Crown land prescribed by regulation and for Crown land sales when the value of the land is $1 million or higher.

Additional amendments are made to The Crown Lands Act. These include the following:

persons employed in prescribed branches or offices of government departments must obtain ministerial authorization in order to acquire an interest in Crown land;

ministers and senior public servants must obtain Cabinet authorization before acquiring an interest in Crown land;

regulation-making powers under the Act are clarified, including those concerning the establishment and operation of snowmobile trails on Crown lands;

obsolete provisions are repealed and outdated wording is modernized.

(Assented to May 20, 2021)

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

PART 1

THE CROWN LANDS ACT

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

1

The Crown Lands Act is amended by this Part.

2

Section 1 is amended

(a) by adding the following definitions:

"prescribed" means prescribed by regulation;

"regulation", unless the context otherwise requires, means a regulation under this Act. (« règlement »)

(b) in the definitions "department" and "minister", by adding ", except in section 30," before "means"; and

(c) in the French version of the definition "mineral", by striking out "minéraux prévus aux termes" and substituting "substances définies comme minéraux par les règlements".

3(1)

Subsection 5(1) is amended by repealing clauses (a) to (c), (h), (k) and (l).

3(2)

Subsection 5(2) is repealed.

3(3)

Subsection 5(3) of the French version is replaced with the following:

Aliénation restreinte de certains biens-fonds

5(3)

Les biens-fonds réservés ou soustraits en application des alinéas (1)i) ou j) ne peuvent être aliénés que selon les modalités que le lieutenant-gouverneur en conseil prévoit par règlement à l'égard de chacun de ces cas.

3(4)

Subsection 5(4) is repealed.

4

Section 5.1 is repealed.

5

Section 6 is amended by renumbering it as subsection 6(1) and adding the following as subsections 6(2) and (3):

Transfer of control of Crown land

6(2)

The minister may enter into an agreement with another minister to have specified Crown land controlled and managed by that other minister for a specific use or purpose. The agreement is subject to any terms and conditions set out in it, including the duration of the agreement.

Agreement may involve land previously set aside

6(3)

The minister may enter into an agreement under subsection (2) even if the Crown land had previously been set aside under subsection 5(1) for another use or purpose, as long as the minister is satisfied that the Crown land is no longer required for that use or purpose.

6

The following is added after section 6.1:

CROWN LAND SALES

Minister may sell Crown land

6.2(1)

Subject to any applicable authorization requirements in section 6.3, the minister may sell, exchange or transfer Crown land.

Minister to set terms

6.2(2)

The minister is to determine the sale price of all Crown land being sold and the terms and conditions of each sale, exchange or transfer of Crown land.

Crown land sales not requiring authorization

6.3(1)

The minister may sell, exchange or transfer Crown land without the authorization of the Minister of Finance or the Lieutenant Governor in Council if

(a) in the opinion of the minister, the value of the Crown land is equal to or less than $200,000; or

(b) the Crown land is held in trust for a municipality or a local government district that has approved the sale, exchange or transfer.

Crown land sales requiring authorization from Minister of Finance

6.3(2)

The minister may sell, exchange or transfer Crown land that, in his or her opinion, has a value between $200,000 and $1,000,000 if the sale, exchange or transfer has been authorized by the Minister of Finance.

Crown land sales requiring Cabinet authorization

6.3(3)

The minister may sell, exchange or transfer Crown land that, in his or her opinion, has a value equal to or greater than $1,000,000 if the sale, exchange or transfer has been authorized by the Lieutenant Governor in Council.

Authorization before sale occurs

6.3(4)

The Minister of Finance or the Lieutenant Governor in Council may authorize the sale of Crown land under subsection (2) or (3) before a sale agreement has been reached. The authorization must specify the minimum acceptable price for the Crown land and any required terms or conditions on the sale.

Sale must comply with authorization

6.3(5)

Any sale of Crown land that is the subject of an authorization under subsection (4) must comply with all the requirements of the authorization.

Parcels sold as a group

6.3(6)

If two or more parcels of Crown land are sold, exchanged or transferred as a group, the aggregate value of all parcels in the group is to be used when determining the applicable authorization requirement under subsection (1), (2) or (3).

Varying authorization thresholds by regulation

6.3(7)

The Lieutenant Governor in Council may, by regulation, vary one or more of the amounts set out in subsections (1), (2) and (3).

CROWN LAND LEASES

Minister may lease Crown lands

6.4(1)

The minister may lease Crown lands, other than agricultural Crown lands.

Terms and conditions of lease

6.4(2)

Subject to subsection (3) and the applicable authorization requirements under section 6.5, the minister is to determine the rent, royalty or fee payable for each lease of Crown land and the terms and conditions of each lease of Crown land.

Rent set by regulation

6.4(3)

The rent, royalty or fee payable for prescribed classes or types of leases of Crown land must be established or calculated by regulation.

Required authorization for Crown land leases

6.5

A lease of Crown land must be authorized by the Lieutenant Governor in Council if

(a) the annual rental value of the Crown land, in the minister's opinion, exceeds a prescribed amount; or

(b) the term of the lease exceeds a prescribed duration.

7(1)

Subsection 7(1) is replaced with the following:

Permits and licences re Crown lands

7(1)

Subject to any prescribed terms and conditions, including any prescribed fee, rent or royalty payable, the minister may

(a) issue permits of occupation or use of Crown lands, other than agricultural Crown lands;

(b) issue work permits authorizing specific work to be performed on Crown lands and authorizing entry upon Crown lands in order to perform that work;

(c) issue licences for the occupation or use of Crown lands for specified purposes; and

(d) issue any easement or right-of-way in respect of Crown lands.

7(2)

The following is added after subsection 7(1):

Terms and conditions

7(1.1)

The minister may impose any additional terms or conditions on a permit, licence, easement or right-of-way that the minister considers appropriate.

8(1)

Subsection 7.1(1) is amended by adding "in a" before "permit granted".

8(2)

Subsection 7.1(2) is amended by striking out "clause 7(1)(c)" and substituting "clause 7(1)(b)".

9

Section 8 is replaced with the following:

Minister may subdivide Crown land

8

The minister may subdivide Crown land into lots and may sell or lease those lots in accordance with this Act.

10

Section 10 is replaced with the following:

Fees

10

A schedule of fees may be established by regulation respecting the amounts payable for

(a) the preparation of documents evidencing a disposition;

(b) the registration of documents and other instruments required under this Act;

(c) copies of records maintained under this Act; and

(d) other prescribed services provided under this Act.

11

Subsection 14(1) is amended by striking out ", under his seal of office,".

12(1)

Subsections 30(1) and (1.1) are replaced with the following:

Authorization for employees to acquire Crown land

30(1)

Subject to subsection (1.1), no person who is employed in a prescribed branch, division or office of a department shall, directly or indirectly, acquire any right, title or interest in any Crown land unless authorized by the minister of that department.

Exception

30(1.1)

The prohibition under subsection (1) does not apply if the acquisition involves the assignment or transfer of a right or interest in Crown land held by a private party.

No benefits for performing duties

30(1.2)

No person who is subject to subsection (1) shall receive any fee or other benefit for performing any duty connected with their office or employment.

12(2)

Subsection 30(2) is amended

(a) by adding "or (1.2)" after "subsection (1)"; and

(b) in the English version, by striking out "his" and substituting "their".

13

The following is added after section 30:

Authorization for ministers and senior officials

30.1(1)

Unless authorized by the Lieutenant Governor in Council, no minister or senior public servant shall, directly or indirectly, acquire any right, title or interest in any Crown land.

Exception

30.1(2)

The prohibition under subsection (1) does not apply if the acquisition involves the assignment or transfer of a right or interest in Crown land held by a private party.

Interpretation

30.1(3)

In subsection (1), "minister" and "senior public servant" have the same meaning as in The Legislative Assembly and Executive Council Conflict of Interest Act.

14

The centred heading before section 34 is amended by striking out "GENERAL" and substituting "MISCELLANEOUS".

15

Section 34.1 is replaced with the following:

Disclosure of names of purchasers

34.1

The government may publish — on a website or through other public means — the names of purchasers of Crown land and those persons who obtained an authorization under subsection 30(1) to acquire a right, title or interest in Crown land.

16

Section 35 is repealed.

17

The following is added as section 35.1:

Regulations

35.1

The Lieutenant Governor in Council may make regulations

(a) for the purpose of subsection 6.4(3), establishing the rent, royalty or fee payable for prescribed classes or types of leases of Crown lands or the method of calculating the amount payable for such leases;

(b) establishing a schedule of fees for the purpose of section 10, and prescribing the circumstances when such fees may be waived;

(c) respecting the establishment and operation of provincial snowmobile trails on Crown lands, including

(i) the manner in which provincial snowmobile trails may be designated, and

(ii) requiring a permit to operate a snowmobile on provincial snowmobile trails and prescribing the fee payable for that permit;

(d) respecting anything necessary to carry out the Natural Resources Agreement;

(e) prescribing anything referred to in this Act as being prescribed;

(f) defining any word or phrase used but not defined in this Act;

(g) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

18

The centred heading before section 36 and sections 36 to 39 are repealed.

PART 2

THE EXPROPRIATION ACT

C.C.S.M. c. E190 amended

19

The Expropriation Act is amended by this Part.

20

The following is added after subsection 6(1):

Required authorization for sales by Crown

6(1.1)

If the Crown is selling or disposing of land under subsection (1), the sale or disposal is subject to the applicable authorization requirements set out in sections 6.3 and 6.5 of The Crown Lands Act.

21

The following is added after subsection 51(1):

Required authorization for sales by Crown

51(1.1)

If the Crown is selling or disposing of land under subsection (1), the sale or disposal is subject to the applicable authorization requirements set out in sections 6.3 and 6.5 of The Crown Lands Act.

PART 3

THE LAND ACQUISITION ACT

C.C.S.M. c. L40 amended

22

The Land Acquisition Act is amended by this Part.

23

Clause 9(2)(a) of the French version is amended by striking out "la disposition" and substituting "l'aliénation".

24(1)

Subsection 12(1) of the French version is amended by striking out "disposer" and substituting "aliéner".

24(2)

The following is added after subsection 12(2):

Required authorization

12(3)

The authorization requirements set out in sections 6.3 and 6.5 of The Crown Lands Act apply, with necessary changes, to any sale, exchange, conveyance or disposition under subsection (1).

PART 4

THE PUBLIC WORKS ACT

C.C.S.M. c. P300 amended

25

The Public Works Act is amended by this Part.

26

Section 3 is replaced with the following:

Acquiring land for public works

3(1)

The minister may acquire, by purchase, lease, expropriation or other means, for and in the name of the Crown, any real property that the minister considers necessary for a public work or for any purpose connected with a public work.

Managing and developing land for public works

3(2)

The minister may hold, manage and develop any real property acquired under subsection (1).

Selling land acquired for public works

3.1(1)

Despite The Crown Lands Act, the minister may sell or exchange real property or dispose of any interest in real property that was acquired or held for the purposes of this Act.

Minister to set terms

3.1(2)

The minister is to determine the price of every sale of real property and the terms and conditions of each sale, exchange or other disposition of real property.

Required authorizations on land sales

3.1(3)

The authorization requirements set out in section 6.3 of The Crown Lands Act apply, with necessary changes, to the sale or exchange of real property by the minister.

Leasing land acquired for public works

3.2(1)

The minister may lease real property acquired or held for the purposes of this Act.

Minister to set terms

3.2(2)

The minister is to determine the amounts payable for each lease of real property and the terms and conditions of each lease.

Required authorization of certain leases

3.2(3)

A lease of real property by the minister must be authorized by the Lieutenant Governor in Council if

(a) the annual rental value of the real property, in the minister's opinion, exceeds an amount prescribed by regulation; or

(b) the term of the lease exceeds a time period prescribed by regulation.

Dealing with land under Crown Lands Act

3.3

If the minister determines that any real property acquired or held for the purposes of this Act is no longer required, the minister may enter into an agreement with the minister responsible for the administration of The Crown Lands Act to have that real property controlled, managed or disposed of under that Act.

Transferring land for administration under this Act

3.4

If Crown land is administered under another Act and the minister who is responsible for the administration of that Act determines that the government no longer requires it, that minister may enter into an agreement with the minister to have the real property controlled, managed or disposed of under this Act.

Acquiring personal property as or for public works

3.5(1)

The minister may acquire, by purchase or lease, for and in the name of the Crown, any personal property that the minister considers necessary as or for a public work or for any purpose connected with a public work.

Sale or lease of personal property

3.5(2)

The minister may sell or lease any personal property acquired as or for, or used in connection with, a public work. Sections 3.1 and 3.2 apply, with necessary changes, to the sale or lease of the personal property.

Proceeds of sale of personal property

3.5(3)

Despite The Financial Administration Act, but subject to subsections 11(2) and (3), the Minister of Finance must, on order of the minister, credit the money that is the proceeds of the sale of personal property to

(a) the account for funds authorized by an Act of the Legislature for the purchase of the items sold, or similar items;

(b) an account for a reserve for the depreciation and replacement of the items sold; or

(c) the account in the Consolidated Fund designated for the proceeds of the sale of government property.

27

The following is added after clause 26(b):

(b.1) prescribing annual rental values and the duration of terms of leases for the purpose of subsection 3.2(3);

PART 5

THE TRANSPORTATION INFRASTRUCTURE ACT

C.C.S.M. c. T147 amended

28

The Transportation Infrastructure Act is amended by this Part.

29

Section 6 is amended by striking out "subsection 13(5)" and substituting "subsection 13.4(2)".

30

Subsection 7(1) is amended by adding "Any disposal is subject to the applicable authorization requirements of sections 13, 13.1 and 13.3." after "under this Act.".

31

Section 13 is replaced with the following:

Selling land

13(1)

Despite The Crown Lands Act, the minister may sell or exchange real property or dispose of any interest in real property acquired or held for the purposes of this Act.

Minister to set terms

13(2)

The minister is to determine the price of every sale of real property and the terms and conditions of each sale, exchange or other disposition of real property.

Required authorizations on land sales

13(3)

The authorization requirements set out in section 6.3 of The Crown Lands Act apply, with necessary changes, to the sale or exchange of real property by the minister.

Leasing land

13.1(1)

The minister may lease real property acquired or held for the purposes of this Act.

Minister to set terms

13.1(2)

The minister is to determine the amounts payable for each lease of real property and the terms and conditions of each lease.

Required authorization of certain leases

13.1(3)

A lease of real property by the minister must be authorized by the Lieutenant Governor in Council if

(a) the annual rental value of the real property, in the minister's opinion, exceeds an amount prescribed by regulation; or

(b) the term of the lease exceeds a time period prescribed by regulation.

Dealing with land under Crown Lands Act

13.2

If the minister determines that any real property acquired or held for the purposes of this Act is no longer required, the minister may enter into an agreement with the minister responsible for the administration of The Crown Lands Act to have that real property controlled, managed or disposed of under that Act.

Sale or lease of personal property

13.3

The minister may sell or lease any personal property acquired for the purposes of this Act. Sections 13 and 13.1 apply, with necessary changes, to the sale or lease of the personal property.

Minister may sell sand and gravel

13.4(1)

The minister may sell sand and gravel from any Crown land purchased or reserved for the purpose of a provincial transportation facility.

Proceeds of sand and gravel sales

13.4(2)

Money received from the sale of sand or gravel removed from Crown lands reserved for the purposes of a departmental road must be credited to the account established in the Consolidated Fund for royalties received from the sale of sand and gravel from Crown lands.

32

Clause 23(3)(a) is amended by striking out "section 13" and substituting "section 13 or 13.1".

33

Subsection 40(1) is amended

(a) by replacing clause (c) with the following:

(c) prescribing annual rental values and the duration of terms of leases for the purpose of subsection 13.1(3);

(b) by repealing clause (d).

PART 6

THE WATER RESOURCES ADMINISTRATION ACT

C.C.S.M. c. W70 amended

34

The Water Resources Administration Act is amended by this Part.

35

Section 10 is replaced with the following:

Selling land acquired for water control works

10(1)

Despite The Crown Lands Act, the minister may sell or exchange real property or dispose of any interest in real property acquired or held for the purposes of this Act.

Minister to set terms

10(2)

The minister is to determine the price of every sale of real property and the terms and conditions of each sale, exchange or other disposition of real property.

Required authorizations on land sales

10(3)

The authorization requirements set out in section 6.3 of The Crown Lands Act apply, with necessary changes, to the sale or exchange of real property by the minister.

Minister may lease lands

10.1(1)

The minister may lease real property acquired or held for the purposes of this Act.

Minister to set terms

10.1(2)

The minister is to determine the amounts payable for each lease of real property and the terms and conditions of each lease.

Required authorization of certain leases

10.1(3)

A lease of real property by the minister must be authorized by the Lieutenant Governor in Council if

(a) the annual rental value of the real property, in the minister's opinion, exceeds an amount prescribed by regulation; or

(b) the term of the lease exceeds a time period prescribed by regulation.

Dealing with land under Crown Lands Act

10.2

If the minister determines that any real property acquired or held for the purposes of this Act is no longer required, the minister may enter into an agreement with the minister responsible for the administration of The Crown Lands Act to have that real property controlled, managed or disposed of under that Act.

Sale or lease of personal property

10.3

The minister may sell or lease any personal property acquired for the purposes of this Act. Sections 10 and 10.1 apply, with necessary changes, to the sale or lease of the personal property.

36

Subsection 11(4) is amended by striking out "section 10" and substituting "section 10 or 10.1".

37

Section 12 is amended, in the part before clause (a), by striking out "section 10 or 11" and substituting "section 10, 10.3 or 11".

38

The following is added after clause 26(1)(a):

(a.1) prescribing annual rental values and the duration of terms of leases for the purpose of subsection 10.1(3);

PART 7

COMING INTO FORCE

Coming into force

39

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