The Local Improvement Act

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1 The Local Improvement Act being Chapter 130 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents SHORT TITLE 1 Short title INTERPRETATION 2 Interpretation ORGANIZATION OF DISTRICTS 3 Erection of district 4 Disorganization or alteration of boundaries 5 Boundary lines Assessment and Taxation ASSESSMENT 6 Assessment of lands made in department 7 Rates of assessment 8 Assessment roll 9 Alternative provisions respecting assessment 10 Assessment roll 11 Assessment of land and buildings 12 Assessment of certain buildings 13 Business 14 Assessment where owner unknown 15 Notice of completion of assessment roll 16 Mailing of notice 17 Error in notice 18 Complaints against assessment 19 Notice of hearing 20 Hearing and adjournment 21 Amendment of roll 22 Costs 23 Assessment and levy for school purposes 24 Material to be supplied by trustees 25 Estimate of expenditure for current year 26 Assessment if name or address unknown 27 Notice of assessment 28 Correction of errors in roll 29 Addition to roll TAXATION 30 Exemptions 31 Occupant of exempted land to be assessed 32 Removal of buildings and fencing 33 Taxes a lien and payable in cash 34 Sale of grain while certain indebtedness or taxes unpaid 35 Purchase of grain while certain indebtedness or taxes unpaid 36 Penalty for purchasing grain without consent of minister or his agent 37 Exception as to storage of grain 38 Principal liable to penalty 39 Evasion 40 Penalties 41 Limitation of prosecution 42 Certain rights not affected 43 Form of certificate 44 Penalty for non-payment of taxes 45 Discount 46 Compromise 47 Collection from tenant 48 Deduction by tenant 49 Anticipatory distress 50 Distress 51 Procedure to recover advances of seed grain or supplies 52 Suit for taxes 53 Taxes deposited in bank ARREARS OF TAXES 54 Procedure 55 List of lands 56 Tax lien 57 Power to recover taxes not restricted 58 Error in filing tax lien 59 Notice to interested parties 60 Arrears to be added to taxes 61 Land continues to be assessed to owner REDEMPTION 62 Removal of tax lien 63 Execution creditor, etc. ISSUE OF TITLE TO THE CROWN 64 Application for and issue of title DISPOSAL OF LAND 65 Power of minister to dispose of land 66 Transfers to Government of Canada or Land Utilization Board EXPENDITURES 67 Expenses a first charge upon taxes collected 68 Expenditures 69 Accounts audited 70 Publication 71 Temporary loans NOXIOUS WEEDS 72 Destruction of noxious weeds 73 Noxious Weed Act to apply 74 Certificate of work done 75 Recovery of expense 76 Expenditures form part of taxes 77 Notification to owner or occupant 78 Chemicals

3 GOPHERS AND GRASSHOPPERS 79 Purchase of and distribution of poison NUISANCE GROUNDS 80 Acquisition of land INDIGENT SICK 81 Power of minister to pay hospital expenses 82 Indigents admitted to hospital in another province 83 Recovery of moneys from patient 84 Aid to needy persons 85 Hospital care and treatment 86 Burial of destitute persons 87 Expenditures a charge on taxes TUBERCULAR PATIENTS 88 Payments to Saskatchewan Anti-Tuberculosis League 89 Levy SEED GRAIN AND SUPPLIES 90 Purchase and sale of seed grain and supplies 91 Minister to take notes for advances 92 Agreement for lien 93 Advances a charge on land 94 Improper disposition of seed grain or supplies 95 Uncollectable accounts 96 Power to borrow 97 Provincial guarantee 98 Members of Legislative Assembly indemnified HIGHWAYS AND PUBLIC PLACES 99 Title to highways, streets, etc. 100 Powers of minister 101 Same 102 Roads, bridges and culverts PLACES OF PUBLIC ACCOMMODATION 103 Installation of fire equipment REGULATIONS 104 Regulations of minister GENERAL 105 Extension of time by order of minister 106 Order by minister for adjustment of assets 107 Order not invalid for irregularity 108 Acquiring property in settlement of or as security for lien or charge 109 No affidavit required for caveat 110 Transfer of funds to municipality 111 Licence where no business tax payable 112 Assignment of duties to certain officials SCHEDULE

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5 CHAPTER 130 An Act respecting Local Improvement Districts SHORT TITLE Short title 1 This Act may be cited as The Local Improvement Districts Act. 1936, c.39, s.1; R.S.S. 1940, c.130, s.1. INTERPRETATION Interpretation 2 In this Act, unless the context otherwise requires, the expression: Department 1. Department means the Department of Municipal Affairs; District 2. District means a district now existing or a district constituted under the provisions of this Act; Grain or crops 3. Grain or crops means wheat, oats, barley, flax, rye, corn and seed of alfalfa; Hamlet 4. Hamlet means any area of land which has been subdivided into building lots or as a townsite and a plan of which has been registered in the land titles office of the land registration district in which it is situated, or which is used by some person for trade or business purposes other than farm purposes, but which has not been established as a village, and any area declared by an order of the minister to be a hamlet; Land property 5. Land or property includes lands, tenements and hereditaments and any estate or interest therein; Mercantile 6. Mercantile includes manufacturing; Minister 7. Minister means the Minister of Municipal Affairs; Occupant 8. Occupant includes the resident occupier of land or, if there is no resident occupier, the person entitled to the possession thereof, a leaseholder and a person having or enjoying in any way for any purpose whatever the use of land otherwise than as owner, whether or not the land or part thereof is in an unsurveyed area, and also includes a squatter; Owner 9. Owner includes a person who has any right, title, estate or interest in property other than that of a mere occupant or mortgagee; Parcel 10. Parcel means a lot or block in a registered subdivision, or a quarter section, or a part of any such lot, block or quarter section, or a number of lots, blocks or quarter sections when assessed together;

6 6 c. 130 LOCAL IMPROVEMENT DISTRICTS Person 11. Person includes corporations, joint stock companies and partnerships; Ratepayer 12. Ratepayer means a person who is assessed upon the last revised assessment roll of a district and is not exempt from taxation. 1936, c.39, s.2; 1938, c.29, s.2; 1940, c.46, s.2; R.S.S. 1940, c.130, s.2. ORGANIZATION OF DISTRICTS Erection of district 3 The minister may by order, notice of which shall be published in The Saskatchewan Gazette, organize and constitute as a local improvement district any portion of Saskatchewan not contained in a rural municipality, village, town or city; and may designate the district by a number. 1936, c.39, s.3; R.S.S. 1940, c.130, s.3. Disorganization or alteration of boundaries 4 If at any time it is deemed expedient to disorganize or alter the boundaries of any district or to withdraw an area therefrom or to amalgamate any two or more districts which have been organized, such disorganization, alteration, withdrawal or amalgamation may be effected by order of the minister. 1936, c.39, s.4; R.S.S. 1940, c.130, s.4. Boundary lines 5(1) For the purposes of this Act, whenever a district is wholly or in part described as comprising certain townships, parts of townships or sections in accordance with the system of Saskatchewan lands survey, the boundary lines of the district shall be the posted side of the road allowance between adjoining sections or townships except in the case of correction lines where the south side of the road allowance shall be the boundary: Provided that a district shall not be deemed to include within its boundaries for the purposes of this Act any provincial park or portion of a provincial park heretofore or hereafter created pursuant to The Provincial Parks and Protected Areas Act. (2) A road allowance between an Indian reserve and a district shall be deemed to be in the district notwithstanding anything herein to the contrary. 1936, c.39, s.5; 1940, c.46, s.3; R.S.S. 1940, c.130, s.5. Assessment and Taxation ASSESSMENT Assessment of lands made in department 6 The assessment of lands in a district now or hereafter organized and constituted under the provisions of this Act shall be made as hereinafter provided in the Department of Municipal Affairs; and all notices of such assessment shall be issued from that department. 1936, c.39, s.6; R.S.S. 1940, c.130, s.6.

7 LOCAL IMPROVEMENT DISTRICTS c Rates of assessment 7(1) In each district the rate of assessment shall be three and one-eighth cents per acre: Provided that the minister may increase or reduce the rate in any district where in his opinion the requirements of the district warrant such increase or reduction; Provided further that any person whose assessment would be less than fifty cents shall be assessed fifty cents. (2) Notwithstanding anything in subsection (1), the holder of lands under a grazing lease, licence or permit from the Government of Canada or the Government of Saskatchewan or under a lease, licence or permit from the Government of Saskatchewan for the purpose of fur-farming or as a timber berth, shall not be taxed in respect of his occupancy, or of his beneficial interest therein, at a higher rate than three-quarters of a cent per acre. 1936, c.39, s.7; R.S.S. 1940, c.130, s.7. Assessment roll 8 As soon as possible after the beginning of each year or after the organization of a district an assessment roll shall be prepared for each district upon which shall be entered as accurately as may be the following information: (a) each lot or parcel of land owned or occupied within the district and the number of acres it contains; (b) the name and post office address of the person assessed as owner or occupant of each lot or parcel;. (c) the amount of assessment; (d) the amount of previous assessments which have not been paid. 1936, c.39, s.8; R.S.S. 1940, c.130, s.8. Alternative provisions respecting assessment 9 The Lieutenant Governor may declare that sections 10 to 25 shall apply to any one or more districts at a date or dates to be fixed by proclamation, and on and from the date or dates so fixed the said sections shall apply, and sections 6, 7 and 8 shall cease to apply, to the district or districts affected. 1936, c.39, s.9; R.S.S. 1940, c.130, s.9. Assessment roll 10(1) As soon as may be in each year but not later than the first day of July, the minister shall assess either the owner or the occupant of every parcel of land in the district and every person who is engaged in mercantile, professional or any other business in the district save that of a farmer, stock raiser or person otherwise engaged in agricultural pursuits, and shall prepare an assessment roll in which shall be set out as accurately as may be: 1. The name of the owner or occupant of each lot or parcel of land in the district and the post office address, if known, of every such owner and occupant;

8 8 c. 130 LOCAL IMPROVEMENT DISTRICTS 2. A brief description of each such lot or parcel of land, the number of acres which it contains and the assessed value thereof; 3. The name of every person who is engaged in mercantile, professional or any other business within the district save that of a farmer, stock raiser or person otherwise engaged in agricultural pursuits. (2) The expense of preparing the assessment roll may be charged against the district in respect of which the roll is prepared. 1936, c.39, s.10; R.S.S. 1940, c.130, s.10. Assessment of land and buildings 11(1) The dominant and controlling factor in the assessment of land and buildings shall be equity. (2) Subject to the other provisions of this section, land shall be assessed at its fair value exclusive of any increase in such value caused by the erection of buildings thereon. (3) Buildings: (a) upon a lot or parcel of land situated in a hamlet; (b) upon other land not strictly agricultural in its nature or use; (c) which, though situated upon land agricultural in its nature, are not used or occupied in connection with agricultural operations; shall be assessed at sixty per cent. of their fair value: Provided that the minister may, in estimating the fair value of any building, take into consideration its inappropriateness of location or any other circumstances which, in his opinion, reduce its value. (4) The value at which any specified land or building has been assessed shall not be varied on appeal if the value at which it is assessed bears a fair and just proportion to the value at which other lands or buildings in the district are assessed. (5) Where the holder of lands under a grazing lease, licence or permit from the Government of Canada or the Government of Saskatchewan or a lease, licence or permit from the Government of Saskatchewan for the purpose of fur-farming, is assessed in respect of his occupancy, or of his beneficial or equitable interest therein, the value of such interest for the purpose of assessment and taxation shall not exceed $2 per acre. (6) The holder of a timber berth under licence from the Government of Canada or the Government of Saskatchewan may be assessed in respect of his beneficial or equitable interest in the lands described in the licence, and for the purpose of assessment and taxation the value of such interest shall not exceed $2 per acre. (7) Where an occupant of Dominion or provincial lands, holding such lands otherwise than under a grazing lease, licence or permit or a lease, licence or permit for the purpose of fur-farming or as a timber berth, is assessed in respect of his occupancy, his interest shall be assessed at the fair value of the land. 1936, c.39, s.11; R.S.S. 1940, c.130, s.11.

9 LOCAL IMPROVEMENT DISTRICTS c Assessment of certain buildings 12 Buildings owned by one person situated on land belonging to another, and buildings which are not attached to the land upon which they are placed: (a) shall be liable to assessment and taxation as improvements upon the land, and shall be subject to a lien for the taxes; (b) in case of removal, may be distrained upon for taxes within three months from the date of removal, notwithstanding that they have been attached to the soil in their new situation; (c) may be sold and disposed of for such taxes in the same manner as chattels distrained for taxes; and the purchaser of any building so sold and disposed of shall have free right of entry upon the land on which such building stands for the purpose of severing it from the soil, if necessary, and of removing it. 1936, c.39, s.12; R.S.S. 1940, c.130, s.12. Business 13(1) Business shall be assessed in the following manner: 1. The minister shall fix a rate per square foot of the floor space (irrespective of partitions, elevators, stairways, or other obstructions) of each building or part thereof used for business purposes, and shall as far as he deems practicable classify the various businesses; 2. He may fix a different rate for each class, and in so doing may place a wholesale business in a class distinct from a retail business of otherwise the same class and may classify each building or part thereof according to the kind of business carried on therein and may fix a different rate for different kinds of business carried on under the same roof, and for storehouses and warehouses or other like appurtenant buildings from that fixed for the principal business, and may fix a different rate for different flats of buildings; 3. The rate shall not exceed $8 per square foot, except in the case of banks, loan companies or other financial institutions, in which case the rate shall not exceed $15 per square foot. (2) Whenever it is found by the minister that a business is being carried on, either wholly or partially, outside of any building, he shall fix a rate per square foot of the yard space used for such business, and shall as far as he deems practicable classify the various businesses, and he may fix a different rate for each, but such rate shall not exceed $4 per square foot. (3) Notwithstanding anything herein contained, the area of the floor space of a grain elevator, except so much as is used for commodities other than grain, shall not be deemed, for the purpose of business assessment, to exceed one thousand square feet, nor shall the rate in respect of floor space for grain exceed $4 per square foot. 1936, c.39, s.13; R.S.S. 1940, c.130, s.13.

10 10 c. 130 LOCAL IMPROVEMENT DISTRICTS Assessment where owner unknown 14 If the minister does not know and cannot after reasonable inquiry ascertain the name of the owner of any unoccupied lot or parcel of land in the district, the same shall be deemed to be duly assessed if entered on the roll with a note stating that the owner is unknown. 1936, c.39, s.14; R.S.S. 1940, c.130, s.14. Notice of completion of assessment roll 15 Upon completion of the assessment roll the minister shall cause to be posted up in each post office and in such other conspicuous places in the district as he may determine a notice to the effect that the, assessment roll of the district has been prepared, that information respecting the assessment of any parcel of land or of any business may be obtained at the district office and that any ratepayer desiring to object to the assessment of himself or any other person must within thirty days after the date of the notice lodge his complaint in writing with the Saskatchewan Assessment Commission. 1940, c.46, s.4; R.S.S. 1940, c.130, s.15. Mailing of notice 16(1) The minister shall, within two weeks after the completion of the first assessment roll, mail to each person whose name and address appear on the roll, a notice of his assessment. (2) In the case of any subsequent assessment, when the assessment of any person in respect of land or business is altered from what it was in the preceding year or is a new assessment, the minister shall, within two weeks after the completion of the assessment roll, transmit by post to the person assessed a notice of his assessment. Except in those cases it shall not be necessary to send or deliver notice of the assessment. (3) The entry of the date of mailing the assessment notice, followed by the initials of the assessment clerk, shall be prima facie evidence of the mailing of the notice on the date entered without proof of the appointment or signature of the assessment clerk, and the absence of such date and initials shall be prima facie evidence that the address of the person assessed is unknown. 1936, c.39, s.15; R.S.S. 1940, c.130, s.16. Error in notice 17 No assessment shall be invalidated by reason of an error, omission or misdescription in an assessment notice, or by reason of the non-receipt of such notice by the person to whom it is addressed. 1936, c.39, s.16; R.S.S. 1940, c.130, s.17. Complaints against assessment 18(1) If any person thinks: (a) that he or any other person has been wrongly assessed or assessed too high or too low; or (b) that a building has been wrongly classified for the purpose of business assessment or that the rate per square foot of floor space fixed by the minister is too high or too low; or

11 LOCAL IMPROVEMENT DISTRICTS c (c) that his name or the name of any other person has been wrongly inserted in or omitted from the roll; he may, within thirty days from the date of the posting of the notice mentioned in section 15, appeal to the Saskatchewan Assessment Commission by sending to or by leaving with the secretary of the commission a notice in form A in the schedule hereto, containing the particulars and grounds of his appeal. (2) The notice shall contain a post office address to which notices to the appellant may be sent. 1936, c.39, s.17; 1940, c.46, s.5; R.S.S. 1940, c.130, s.18. Notice of hearing 19 The Saskatchewan Assessment Commission shall fix a date for hearing appeals against the assessment, and the secretary shall forthwith notify every appellant and every other person whose assessment is affected thereby, of the time and place when and where the commission will sit for hearing appeals. 1936, c.39, s.18; R.S.S. 1940, c.130, s.19. Hearing and adjournment 20 At the time and place fixed by it, the commission shall proceed to hear the appeals, but it may adjourn the hearing from time to time and may defer decision thereon at its pleasure. The decision of the commission shall be final and conclusive. 1936, c.39, s.19; R.S.S. 1940, c.130, s.20. Amendment of roll 21 When the appeals have been heard and decided, the assessment roll shall be confirmed, altered or amended according to the decision of the commission, and the chairman shall write his initials opposite any part of the roll in which any mistake, error or omission is corrected or supplied. 1936, c.39, s.20; R.S.S. 1940, c.130, s.21. Costs 22(1) The costs of proceedings before the commission shall be paid by or apportioned between the parties in such manner as it thinks proper; and where costs are ordered to be paid by a private party, payment of the same may be enforced by execution, to be issued in the same manner as upon a judgment for costs in the district court. (2) The costs chargeable or to be awarded in any case shall be the costs of witnesses and of procuring their attendance and none other, the same to be taxed according to the allowance in the district court for such costs; and in cases where execution issues the costs thereof as in the like court and of enforcing the same may also be collected thereunder. 1936, c.39, s.21; R.S.S. 1940, c.130, s.22.

12 12 c. 130 LOCAL IMPROVEMENT DISTRICTS Assessment and levy for school purposes 23 Notwithstanding anything contained in The School Assessment Act, if a district includes within its limits the whole or a part of any school district erected under The School Act the minister shall assess and levy a tax at such rate as shall be sufficient to raise the sums required to be raised in the district or portion thereof for the purposes of the school district and such tax shall be assessed and collected in the same manner as other taxes are assessed and levied by the minister in the district. 1938, c.29, s.3; R.S.S. 1940, c.130, s.23. Material to be supplied by trustees 24(1) On or before the first day of March in each year, or, in the case of a school district established subsequently to the first day of March, as soon thereafter as possible, the board of trustees of every school district referred to in section 23 shall transmit to the minister: (a) a map or plan showing the area and boundaries of the district; (b) a detailed statement in such form as the minister may prescribe showing the amount estimated to be required to meet the expenditures of the district for the current year. (2) Unless with the consent of the Minister of Education the amount required to be levied on the total assessment of the district as shown in the statement mentioned in clause (b) of subsection (1), shall not be less than $400 per class room in operation in the district, less the amount of any grant receivable under paragraph 4 of subsection (1) of section 3 of The School Grants Act. (3) The minister may, in his discretion and upon receipt of such additional information as he may require, alter or vary, increase or decrease such estimated expenditures. 1938, c.29, s.3; 1939, c.35, s.2; 1940, c.46, s.6; R.S.S. 1940, c.130, s.24. Estimate of expenditure for current year 25(1) As soon as practicable in each year the minister shall estimate the amount required to be expended in each district during the current year and shall cause to be levied a tax at such rate on the dollar of the assessed value of the taxable property within the district as shall be required to meet such estimated expenditure. (2) If the tax of any person under the foregoing provisions is less than $1, the amount to be entered in the roll as payable by such person shall be $ , c.39, s.22; 1938, c.29, s.4; R.S.S. 1940, c.130, s.25. Assessment if name or address unknown 26 If after reasonable inquiry the name or address of the owner or occupant of any lot or parcel of land in a district cannot be ascertained, the same shall be deemed to be duly assessed if entered on the roll as owner unknown or address unknown, as the case may be. 1936, c.39, s.23; R.S.S. 1940, c.130, s.26.

13 LOCAL IMPROVEMENT DISTRICTS c Notice of assessment 27 Upon completion of the assessment roll it shall be signed by the minister; and a notice shall then be sent by ordinary mail to each person whose name appears upon the roll stating the land in respect of which such person is assessed and the amount of the assessment and requesting payment thereof; and the entry upon the assessment roll of the date of mailing the notice, together with the initials of the clerk mailing the same shall be prima facie evidence that the notice was duly mailed on that day. 1936, c.39, s.24; R.S.S. 1940, c.130, s.27. Correction of errors in roll 28 If any property in a district in respect of which any person should have been assessed has been omitted from the assessment roll or been entered on the roll in the name of the wrong person or with an incorrect acreage, the necessary addition or alteration to correct the error may be made at any time in the year in which the assessment is made, such addition or alteration being initialed by the clerk making the same; and a notice of assessment in accordance with such addition or alteration shall forthwith be sent to the owner or occupant of the property affected. 1936, c.39, s.25; R.S.S. 1940, c.130, s.28. Addition to roll 29 If at any time before the first day of December it is discovered that any person liable to assessment is not assessed or that there is any error in any of the particulars contained in the roll or that any person has commenced business after the roll was completed, the name of such person may be entered on the roll or the error may be corrected and every such entry or correction shall be dated and initialed by the clerk making the same. TAXATION 1936, c.39, s.26; R.S.S. 1940, c.130, s.29. Exemptions 30 In every district the property exempt from taxation shall be: 1. The interest of the Crown in any property, including property held by any person in trust for the Crown; 2. Property specially exempted by law; 3. All lands held by or in trust for the use of any tribe of Indians; 4. The buildings and grounds of and attached to or otherwise bona fide used in connection with and for the purposes of every school established under the authority of The School Act; 5. Every place of public worship and the land used in connection therewith, not exceeding three acres, of which a religious organization is the owner, except such part as may have any other building thereon; 6. Every hospital which receives public aid under and by virtue of The Hospitals Act and the land used in connection therewith not exceeding five acres; 7. The land in use as a public cemetery not exceeding twenty-five acres;

14 14 c. 130 LOCAL IMPROVEMENT DISTRICTS 8. All land belonging to a municipality and every public square, park, recreation ground or nuisance ground owned by a city, town or village; 9. The buildings and grounds of agricultural societies organized under The Agricultural Societies Act; 10. The buildings on land strictly agricultural in its nature or use; 11. The buildings, with grounds attached, owned and occupied by a branch of the Canadian Legion of the British Empire Service League; 12. Every monument erected as a war memorial and the land used in connection therewith, not exceeding one acre; 13. Land held under lease by His Majesty the King in the right of Saskatchewan as represented by the Minister of Agriculture and included in a community pasture. 1936, c.39, s.27; 1939, c.35, s.3; 1940, c.46, s.7; R.S.S. 1940, c.130, s.30. Occupant of exempted land to be assessed 31(1) If any property mentioned in paragraph 1, 2, 3 or 8 of section 30 is occupied by any person otherwise than in an official capacity, the occupant shall be assessed in respect thereof but the property itself shall not be liable to assessment. (2) Where a building or portion of a building situated on railway or other exempted property is used for residential purposes, the occupant shall be assessed in respect of such building, or portion, and the land on which it is situated, but shall not be assessed thereof or in a greater amount than $750: Provided that this subsection shall not apply to a building situated upon land strictly agricultural in its nature or use and used or occupied in connection with agricultural operations. (3) If land exempt from taxation under section 30 ceases to be so exempt on or before the first day of July in any year, the owner or occupant shall be liable to assessment in respect of that portion of the year during which it is not exempt. 1936, c.39, s.28; R.S.S. 1940, c.130, s.31. Removal of buildings and fencing 32(1) Buildings and fencing on land in respect of which there are taxes outstanding shall not be removed without the consent of the minister. (2) If any such building or fence is removed without such consent and the taxes remain unpaid, it may be seized in its new situation by any person authorized by the minister to do so, and such person shall have free right of entry upon the land to which it has been removed for the purpose of severing it from the soil, if necessary, and removing it, in which case it shall be restored to its former position. (3) The expense necessarily incurred in seizing and restoring such building or fence may be added to the tax roll and collected in the same manner as taxes. 1936, c.39, s.29; R.S.S. 1940, c.130, s.32. Taxes a lien and payable in cash 33(1) The taxes accruing upon or in respect of any land in a district shall be paid in cash and shall be a special lien upon the land having priority over any claim, lien, privilege or incumbrance thereon.

15 LOCAL IMPROVEMENT DISTRICTS c (2) Notwithstanding anything contained in any statute or in the common law the taxes levied in any year upon or in respect of land in a district shall be a special lien or charge upon all crops grown on the land in the year in which the taxes are levied, and such lien or charge shall have priority over all other claims, liens, privileges or incumbrances on such crops, except: (a) the thresher s lien, if any, under The Threshers Lien Act for threshing the crops; (b) the right of the minister, if any, to distrain for advances made or guaranteed by him for binder twine, repairs to implements, and parts, for use in cutting the crops to the extent of thirty cents for each acre cut and threshed; (c) liens and charges created by section 33 of The Bills of Sale Act for or in respect of seed grain, or necessaries within the meaning of the said section, or both, advanced in the said year; and (d) liens and charges created by this Act for or in respect of seed grain or supplies, or both, advanced in the said year. (3) Notwithstanding anything contained in any statute or in the common law taxes levied in the year 1939 or in any subsequent year upon or in respect of land in a district and remaining unpaid after the end of such year shall be a special lien or charge upon all crops grown on the land in each year thereafter until the said taxes are paid, and such lien or charge shall have priority over all other claims, liens, privileges or incumbrances except: (a) those mentioned in clauses (a), (b), (c) and (d) of subsection (2); (b) the current year s taxes; (c) liens and charges created by this Act for or in respect of seed grain or supplies, or both, advanced in the year 1939 or in any subsequent year. (4) Where a thresher exercises his lien under The Threshers Lien Act upon the crops grown on any land in a district, the minister or his duly authorized agent shall upon demand furnish the thresher with a certificate setting forth the quantity of grain seized under his lien, and thereupon he shall have the right to sell or dispose of such grain to any purchaser thereof upon producing the certificate to the purchaser. (5) The minister or his duly authorized agent may in any year exempt any land in a district, or any crop or portion thereof, from the operation in such year of subsection (2) or (3), or both, by issuing a certificate: (a) exempting the land; or (b) exempting any crop grown on the land, or any portion of such crop; or (c) stating that the person to whom the certificate is issued is entitled to sell the quantity of grain therein specified, being the holder of a chattel mortgage under section 33 of The Bills of Sale Act, for or in respect of seed grain, or necessaries within the meaning of the said section, or both, advanced in the year in which the certificate is issued, and exempting such grain when offered for sale by him.

16 16 c. 130 LOCAL IMPROVEMENT DISTRICTS (6) Notwithstanding subsections (2), (3) and (5): (a) if in any year a person has paid to the minister on or before the first day of July in such year all arrears of taxes owing by him, including taxes for the previous year, and all his indebtedness in respect of seed grain or supplies, or both, advanced by the minister prior to the then current year, it shall be the duty of the minister or his duly authorized agent to furnish a certificate to such person exempting him accordingly on or before the first day of August; (b) if in any year a person has satisfied his indebtedness to the minister in respect of advances made to him in the year 1939 and subsequent years, including the then current year, for seed grain or supplies, or both, and the taxes levied in the year 1939 and subsequent years, including the then current year, and remaining unpaid, it shall be the duty of the minister or his duly authorized agent to furnish a certificate to such person exempting any crop offered for sale by him; (c) where the purchaser of any grain has satisfied the indebtedness of the vendor to the minister in respect of advances made to the vendor in the year 1939 and subsequent years, including the then current year, for seed grain or supplies, or both, and the taxes levied upon the land of the vendor in the year 1939 and subsequent years, including the then current year, and remaining unpaid, it shall be the duty of the minister or his duly authorized agent to furnish a certificate exempting the grain so purchased. (7) Where the minister or his duly authorized agent lodges with an elevator company or other purchaser of grain a list of persons who are indebted to the minister for or in respect of seed grain or supplies, or both, advanced in the year 1939 and subsequent years, including the then current year, or taxes levied in the year 1939 and subsequent years, including the then current year, and setting forth the amount of such indebtedness, and the elevator company or other purchaser makes payment of the total indebtedness of any person or persons whose names appear on such list, such company or other purchaser may thereupon purchase any other grain from such person or persons without production of a certificate. (8) Any person may purchase the crops or any portion of the crops grown on any land in a district if such person makes settlement therefor in the joint names of the vendor and the minister. (9) The certificate mentioned in subsection (5) shall be granted only in individual cases where the minister or his duly authorized agent considers that the circumstances so warrant, and the minister or his duly authorized agent may refuse to issue a certificate to any person unless such person or someone on his behalf has either made the payments mentioned in clause (a) of subsection (6), on or before the date mentioned therein, or has satisfied the indebtedness mentioned in clause (b) of subsection (6). (10) Upon production of the certificate mentioned in subsection (5) or (6) any person may purchase the crop or grain exempted by the certificate. (11) Subsections (2) and (3) shall not apply to grain sold by or in the name of the minister.

17 LOCAL IMPROVEMENT DISTRICTS c (12) Nothing contained in subsections (2) to (11) shall apply to any crop grown within an Indian reserve, nor to grain delivered by any person to a mill for gristing if the grain is gristed for his own use or is delivered in exchange for flour or other by-products of grain for his own use. If the flour or any other by-product of grain, other than grain grown within an Indian reserve, which is received by such person is sold by him, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding $100 exclusive of costs, and in default of payment forthwith after conviction the person convicted may be imprisoned for a term not exceeding three months unless such fine with costs is sooner paid. 1936, c.39, s.30; 1940, c.46, s.8; R.S.S. 1940, c.130, s.33. Sale of grain while certain indebtedness or taxes unpaid 34 No person, either by himself or through his servant or agent, shall sell, ship, or otherwise dispose of grain grown in a district in the year 1939 or any subsequent year, except as the property and for the account of the minister, or except with the written consent of the minister or his duly authorized agent, or except upon the production of a certificate from the minister or his duly authorized agent issued under subsection (5) or (6) of section , c.46, s.9; R.S.S. 1940, c.130, s.34. Purchase of grain while certain indebtedness or taxes unpaid 35 Subject to clause (c) of subsection (6) and to subsections (7) and (8) of section 33, no person shall purchase or take delivery of or ship any grain grown in the province in the year 1939 or any subsequent year unless the vendor or consignor of such grain produces a certificate issued under subsection (5) or (6) of section 33 by the minister or his duly authorized agent exempting such purchase from the operation of subsection (2) or (3), or both, of section , c.46, s.9; R.S.S. 1940, c.130, s.35. Penalty for purchasing grain without consent of minister or his agent 36 Subject to clause (c) of subsection (6) and to subsections (7) and (8) of section 33, no agent or servant of any person shall purchase or take delivery of or ship any grain grown in the province in the year 1939 or any subsequent year except on production of a certificate from the minister or his duly authorized agent issued under subsection (5) or (6) of section 33; provided that this section shall not apply where settlement for the grain sold is made in the joint names of the vendor and the minister. 1940, c.46, s.9; R.S.S. 1940, c.130, s.36. Exception as to storage of grain 37 Nothing contained in section 35 or 36 shall be deemed to prohibit any person from taking delivery of grain only for the purpose of storing it, provided that no payment or loan shall be made by such person in respect of the grain except on production of a certificate from the minister or his duly authorized agent issued under subsection (5) or (6) of section , c.46, s.9; R.S.S. 1940, c.130, s.37.

18 18 c. 130 LOCAL IMPROVEMENT DISTRICTS Principal liable to penalty 38 Where the agent or servant of any person is convicted of a violation of section 36 his principal shall also be guilty of an offence and liable on summary conviction to the penalties mentioned in section 40, provided that where such principal is a corporation the fine may be increased by the convicting police magistrate or justice of the peace to a sum not exceeding $250 exclusive of costs. 1940, c.46, s.9; R.S.S. 1940, c.130, s.38. Evasion 39 No person shall sell or dispose of grain belonging to another person with the object and intent of defeating the operation of section , c.46, s.9; R.S.S. 1940, c.130, s.39. Penalties 40 A person who violates any of the provisions of sections 34, 35, 36, 37 or 39 shall be guilty of an offence and liable on summary conviction to a fine not exceeding $100 exclusive of costs, and in default of payment forthwith after conviction the person convicted may be imprisoned for a term not exceeding three months unless such fine with costs is sooner paid. 1940, c.46, s.9; R.S.S. 1940, c.130, s.40. Limitation of prosecution 41 No prosecution for violation of any of the provisions of sections 34 to 39 shall be commenced without the leave of the Attorney General. 1940, c.46, s.9; R.S.S. 1940, c.130, s.41. Certain rights not affected 42 Nothing contained in this Act shall affect the right of a grower of grain to select or designate the person or dealer to whom his grain shall be delivered. 1940, c.46, s.9; R.S.S. 1940, c.130, s.42. Form of certificate 43(1) The minister may prescribe the form of certificate to be issued by or his duly authorized agent pursuant to subsection (4), (5) or (6) of section 33. (2) The minister or his duly authorized agent shall have power to issue duplicate or multiple certificates in any case where he considers that the circumstances so warrant. 1940, c.46, s.9; R.S.S. 1940, c.130, s.43. Penalty for non-payment of taxes 44(1) If any taxes remain unpaid after the thirty-first day of December of the year in which the same are levied, there shall be added thereto by way of penalty a sum equal to five per cent. of the arrears; and upon the expiry of each succeeding year during which the whole or any portion of the combined amount of taxes and penalty or penalties remains unpaid, an additional sum equal to five per cent. of such combined amount shall be added thereto: Provided that in the event of the arrears of taxes or any portion thereof being paid before the first day of July in any year one-half of the penalty added in that year on such arrears or portion thereof so paid shall be rebated.

19 LOCAL IMPROVEMENT DISTRICTS c (2) Amounts so added shall form part of the taxes. (3) Nothing in this section contained shall be construed to extend the time for payment of taxes or in any way impair the right of distress or any other remedy provided by this Act, for the collection thereof. 1936, c.39, s.31; R.S.S. 1940, c.130, s.44. Discount 45 A discount shall be allowed for prompt payment of taxes of five per cent. if paid before the first day of October, four per cent. if paid on or after the first day of October but before the first day of November, and two per cent. if paid on or after the first day of November but before the first day of December, in the year in which the taxes are imposed. 1936, c.39, s.32; R.S.S. 1940, c.130, s.45. Compromise 46 The minister may, in any case in which he deems it expedient, compromise or abate his claim for taxes due by any person or compromise or abate his claim in respect of any future tax levies to be imposed against any person. 1936, c.39, s.33; R.S.S. 1940, c.130, s.46. Collection from tenant 47 When taxes are due upon any land occupied by a tenant the minister may give the tenant notice in writing requiring him to pay to the minister the rent of the premises as it becomes due from time to time to the amount of the taxes due and unpaid, including costs; and the minister shall have the same authority as the landlord of the premises would have had to collect such rent. by distress, or otherwise, to the amount of the unpaid taxes and costs; but nothing in this section contained shall prevent or impair any other remedy for the recovery of the taxes or any portion thereof from the tenant or from any other person liable therefor. 1938, c.29, s.5; R.S.S. 1940, c.130, s.47. Deduction by tenant 48 A tenant may deduct from his rent any taxes paid by him which, as between him and his landlord, the latter ought to pay. 1938, c.29, s.5; R.S.S. 1940, c.130, s.48. Anticipatory distress 49 If at any time after notice has been given pursuant to section 27, and before the expiration of the time for payment of the taxes, the minister or his agent has reason to believe that any person in whose hands goods and chattels are subject to distress is about to move the goods and chattels out of the district the minister may issue a warrant to his agent authorizing him to levy for the taxes, costs and expenses in the manner provided by this Act although the time for payment thereof may not have expired and the agent may levy accordingly. 1940, c.46, s.10; R.S.S. 1940, c.130, s.49.

20 20 c. 130 LOCAL IMPROVEMENT DISTRICTS Distress 50(1) Without in any way prejudicing or affecting the special lien or charge created by subsection (2) or (3) of section 33, if a person fails to pay his taxes for thirty days after the mailing to him or his agent of the notice required by section 27, the minister may by his agent duly authorized by warrant of the minister collect such taxes or any portion thereof, together with costs, by distress and sale of: (a) the goods and chattels including the growing crops of the defaulter, wherever found within the district or an adjoining district or within a city, town or village situated within their boundaries; (b) any goods and chattels, including growing crops, in his possession, wherever so found; (c) any goods and chattels found on the premises in respect of which the taxes have been levied, the property of or in the possession of any other occupant of the premises; Provided that no distress or sale shall be made of goods or chattels which are the subject of a valid and subsisting lien in favour of a vendor for the price or a part of the price thereof, but the interest only of the defaulter, or of any other occupant of the premises or of any person other than the vendor, in such goods and chattels shall be liable to distress and sale; Provided further that a vendor s or lessor s share of the crop grown upon the land sold or demised shall not be liable to distress or sale for taxes due in respect of other land owned or occupied by the purchaser or lessee; Provided further that animals not belonging to the defaulter or to any occupant of the premises in respect of which the taxes are due shall not be liable to distress or sale for taxes owing by the defaulter except as to the interest therein, if any, of the defaulter or such occupant or of the wife, husband, daughter, son, daughter-in-law or son-in-law of the defaulter or occupant, or of any other relative of the defaulter or occupant who lives with him as a member of his family. (2) The person effecting seizure may have any grain seized by him hauled to the nearest elevator or to any other convenient and suitable place of storage and may dispose of the grain at the current market price. (3) The minister or his agent may release goods or chattels or growing crops held under seizure, after a part of the claim in respect of which seizure was made has been satisfied, without prejudice to his right to recover the balance of the claim. (4) The costs chargeable on a distress and sale under this section shall not exceed the following: 1. Warrant to agent... $ Levying distress One man keeping possession, per day The actual expenses reasonably incurred in removing and keeping the goods distrained when such removal is necessary. 5. For mileage, every mile necessarily travelled and sworn to in going to and returning from the place of execution in making seizure or sale of the goods, per mile All reasonable and necessary disbursements for advertising sale of the goods distrained.

21 LOCAL IMPROVEMENT DISTRICTS c (5) The minister shall not be responsible for the loss or destruction of goods and chattels or growing crops while under seizure, unless the loss or destruction is due to the negligence of the minister or his agent. (6) If growing crops are seized the minister or his agent may cut, gather, cure, thresh, carry and lay up the same, when ripe, in such proper place as may be procured therefor. (7) Notwithstanding anything contained in The Auctioneers Act, no agent of the minister selling goods under the provisions of subsection (1) shall be required to obtain an auctioneer s licence for the purpose of the sale. 1939, c.35, s.6; 1940, c.46, s.11; R.S.S. 1940, c.130, s.50. Procedure to recover advances of seed grain or supplies 51(1) Where a person is indebted to the Crown in respect of seed grain or supplies, or both, and the minister considers that he has good reason to believe that the debtor contemplates selling or disposing of his goods and chattels in the province, or ceasing to carry on farming operations in the province, he may by his agent duly authorized by warrant of the minister levy the amount of the indebtedness with costs by distress, in which case the provisions of section 50 shall apply. (2) Where the minister proceeds to levy by distress the amount of the indebtedness mentioned in subsection (1) it shall not be necessary to mail to the debtor or his agent the notice required in the case of indebtedness for taxes by subsection (1) of section 50, and the distress and sale of the goods and chattels mentioned in section 50 may be proceeded with forthwith. 1939, c.35, s.7; R.S.S. 1940, c.130, s.51. Suit for taxes 52(1) Notwithstanding anything contained in Act, the minister may recover overdue taxes by suit as a debt owing to him, in which case the assessment roll shall be prima facie evidence of the debt. (2) For the purpose of this section all taxes shall be deemed to be due on the date on which the tax notices provided by section 27 were mailed, as shown by the assessment roll. 1936, c.39, s.35; R.S.S. 1940, c.130, s.52. Taxes deposited in bank 53 The taxes collected in any district shall be deposited in a chartered bank to the credit of the district s trust account. 1936, c.39, s.36; R.S.S. 1940, c.130, s.53. ARREARS OF TAXES Procedure 54 Whenever the whole or any portion of a tax on land in a district has been due and unpaid for more than six months after the thirty-first day of December of the year in which the tax was levied, the land shall be liable to be dealt with under the provisions of sections 55 to , c.39, s.37; R.S.S. 1940, c.130, s.54.

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