The Provincial Lands Act

Transcription

1 The Provincial Lands Act being Chapter 37 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 ADMINISTRATION OF ACT 3 Administration DISPOSITIONS AND RESERVATIONS THEREFROM 4 Disposal of provincial lands 5 No rights through occupation or prescription 6 Reservations implied 7 Reservation of one chain from the boundary 8 Public to have access to lakes, rivers, streams, etc. 9 Right to construct provincial roads 10 Reservation of mines and minerals 11 Water power 12 Use of water in river, lake, spring, etc. 13 Timber 14 Reservation need not be set out 15 Ratification of grant in certain cases POWERS OF LIEUTENANT GOVERNOR IN COUNCIL 16 Powers of Lieutenant Governor in Council 17 Witnesses 18 Orders and regulations POWERS AND DUTIES OF MINISTER 19 Duties generally 20 Reservation of certain lands 21 Leases and permits 22 Subdivision of townsite 23 Tariff of fees for leases, licences, etc. 24 Advertising lands for sale 25 Lists of disposed lands and transferees HALF-BREED SCRIP 26 Acquisition of provincial lands SCHOOL LANDS 27 School lands 28 Provision for school sites 29 Mining rights 30 Sale by auction 31 Exceptions 32 Terms of sale 33 Contract may be rescinded 34 School fund GENERAL PROVISIONS 35 Minister gives notices 36 Rights of purchaser or lessee 37 Interest rate to be 6 per cent. 38 Affidavits 39 Copies of documents to be evidence ASSIGNMENTS 40 Registration 41 Requirements 42 When assignments to be registered 43 Undescribed provincial lands 44 Priorities 45 Death or absence of witness TRANSFERS 46 Application for transfer by heir, etc. 47 Issue and registration of transfer 48 Issue of transfer subject to a charge on land 49 Transfer issued in error, etc., how dealt with 50 Transfers after death of applicant 51 Grants inconsistent with each other 52 Deficiency or excess of quantity mentioned in transfer 53 Compensation treated as personal estate 54 Court of K.B. may adjudge transfer RECOVERY OF RENT, ETC. 55 Procedure FORFEITURE 56 Default and non-performance 57 Cancellation of disposition of land required for certain purposes 58 Fraud 59 Cancellation of disposition 60 Incumbrances vacated on cancellation 61 Limitation of actions SUMMARY PROCEEDINGS FOR POSSESSION 62 Application for order for possession of land wrongfully occupied 63 Order for possession 64 Execution of warrant 65 Service in case of forfeiture 66 Costs 67 Buildings to become property of Crown 68 Penalty 69 Order of minister OFFENCES AND PENALTIES 70 Acquisition of provincial lands by employees 71 Officer giving wrong information 72 Intimidation at sales of public lands DOMINION LANDS ACT 73 Application of Dominion Lands Act and regulations ANNUAL REPORT 74 Annual report

3 CHAPTER 37 An Act respecting Provincial Lands SHORT TITLE Short title 1 This Act may be cited as The Provincial Lands Act. 1931, c.14, s.1; R.S.S. 1940, c.37, s.1. INTERPRETATION Interpretation 2 In this Act, unless the context otherwise requires, the expression: Agreement of transfer 1. Agreement of transfer means the agreement made the twentieth day of March, 1930, between the Government of the Dominion of Canada represented therein by the Honourable Ernest Lapointe, Minister of Justice, and the Honourable Charles Stewart, Minister of the Interior, of the first part, and the Government of the Province of Saskatchewan, represented therein by the Honourable James Thomas Milton Anderson, Premier and Minister of Education of the Province, and the Honourable Murdoch Alexander MacPherson, Attorney General, of the second part, for the transfer of the natural resources of the province; Crown 2. Crown means His Majesty the King in the right of Saskatchewan; Department 3. Department means the Department of Natural Resources; Disposition 4. Disposition means the act of disposal or an instrument by which that act is effected or evidenced, and includes a Crown grant, order in council, transfer, assurance, lease, licence, permit, contract or agreement and every other instrument whereby lands or any right, interest or estate in land may be transferred, disposed of or affected, or by which the Crown divests itself of or creates any right, interest or estate in land; Lands or land 5. Lands or land extends to and includes lands, messuages, tenements and hereditaments, corporeal and incorporeal, of every kind and description, whatever may be the estate or interest therein and whether legal or equitable, and, subject to the provisions of this Act, all paths, passages, waters or watercourses, liberties, privileges, easements, mines and minerals, precious and base, and all trees and timber thereon;

4 4 c. 37 PROVINCIAL LANDS Mines and minerals 6. Mines and minerals means mines and minerals, precious and base, including gold, silver, rare and precious metals or stones, copper, iron, tin or other minerals, salt, petroleum, natural gas, oil, coal, limestone, granite, slate, marble, or other quarrible stone, gypsum, clay, marl, gravel, sand or volcanic ash; Minister 7. Minister means the Minister of Natural Resources; Officer 8. Officer means any person employed in connection with the administration and management, sale or settlement of provincial lands and includes any person employed in connection with the administration and management of the department; Provincial lands 9. Provincial lands means lands vested in the Crown in the right of the province except such as are, under any Act of the Legislature, administered by any department of the government, other than the Department of Natural Resources; Transfer 10. Transfer includes patent. 1931, c.14, s.2; R.S.S. 1940, c.37, s.2. ADMINISTRATION OF ACT Administration 3 This Act and the regulations thereunder shall be administered by the department. 1931, c.14, s.3; R.S.S. 1940, c.37, s.3. DISPOSITIONS AND RESERVATIONS THEREFROM Disposal of provincial lands 4 Provincial lands shall be sold, leased or otherwise disposed of in accordance with the provisions of this Act anchands the orders and regulations made thereunder. 1931, c.14, s.4; R.S.S. 1940, c.37, s.4. No rights through occupation or prescription 5(1) No person shall acquire a right to provincial lands by or through the use, possession or occupation thereof whether before or after survey, except under authority of a disposition from the Crown. (2) No right or title of any kind shall be acquired by prescription in respect of any provincial lands so long as the Crown has any right, title or interest therein. 1939, c.12, s.2; R.S.S. 1940, c.37, s.5.

5 PROVINCIAL LANDS c Reservations implied 6 There shall be implied in every disposition of provincial lands under this or any other Act of the Legislature, all reservations provided for in this Act, The Mineral Resources Act, The Forest Act, The Water Power Act, The Water Rights Act or any other Act of the Legislature. 1931, c.14, s.5; R.S.S. 1940, c.37, s.6. Reservation of one chain from the boundary 7(1) There is hereby reserved to the Crown out of every disposition of provincial lands extending to the boundary line between Canada and the United States of America a strip of land one chain in width measured from such boundary line, and no buildings or works shall be erected or executed on such land. (2) Notwithstanding subsection (1) the Crown may permit the occupation of or otherwise dispose of such reserved strip of land or any part thereof for the purposes of the construction of railways, waterways, wharves, bridges, canals, ditches or other works of a public character, upon such terms and conditions as the Lieutenant Governor in Council may in each case prescribe. 1931, c.14, s.6; R.S.S. 1940, c.37, s.7. Public to have access to lakes, rivers, streams, etc. 8 Where provincial lands bordering on a lake, river, stream, or other body of water are disposed of by the Crown, then, in the absence of an express provision in the disposition to to the contrary, the bed of such lake, river, stream or body of water shall not pass to the person otherwise acquiring the lands, and the disposition shall be construed accordingly and not in accordance with the rules of the common law, and there is hereby reserved to the public the right of access to such lake, river, stream or body of water and of passing and repassing on or beside the land on either side and wherever necessary for the use thereof, and over all existing or necessary portage roads past any rapids or falls or connecting any such lake, river, stream or body of water. 1931, c.14, s.7; R.S.S. 1940, c.37, s.8. Right to construct provincial roads 9(1) There is hereby reserved to the Crown out of every disposition of provincial lands under this or any other Act of the Legislature the right to construct on such provincial lands any colonization or other road or any road in lieu of or partly deviating from an allowance for road, drain or drainage works, without making compensation therefor; and wood, gravel and other materials required for the construction or improvement of any such road, drain or drainage works may be taken from the said lands without making compensation therefor or for the injury thereby done to the lands from which they are taken. (2) The rights mentioned in subsection (1) may be exercised by the minister or by any person authorized by him to exercise them on behalf of the Crown, but such rights shall cease upon the issue of a certificate of title to the land. (3) Where provincial lands are reserved to the Crown by this or any other Act of the Legislature, any part of the land so reserved may be declared to be a highway. 1931, c.14, s.8; R.S.S. 1940, c.37, s.9.

6 6 c. 37 PROVINCIAL LANDS Reservation of mines and minerals 10(1) There are hereby reserved to the Crown out of every disposition of provincial lands under this Act all mines and minerals, whether solid, liquid or gaseous, which may be found to exist within, upon or under such lands, together with the right to work the same and for this purpose to enter upon, use and occupy the said lands or so much thereof and to such extent as may be necessary for the effectual working and extraction of the minerals. (2) All mines and minerals, whether so reserved or existing on or under any undisposed of provincial lands, together with the right to enter, locate or prospect on such lands, or to win or work the minerals, shall be disposed of in such manner and on such terms and conditions as are provided by The Mineral Resources Act and the regulations made thereunder. 1932, c.7, s.2; R.S.S. 1940, c.37, s.10. Water power 11 There are hereby reserved to the Crown out of every disposition of provincial lands under this Act the property in and the right to and to the use of all water powers and lands upon or within which there is water power, or required for the protection of any water power or for the purposes of any undertaking for the use and development thereof, and all such water powers and lands shall be disposed of only in such manner and on such terms and conditions as are provided in The Water Power Act and the regulations made thereunder. 1931, c.14, s.10; R.S.S. 1940, c.37, s.11. Use of water in river, lake, spring, etc. 12 There are hereby reserved to the Crown out of every disposition of provincial lands under this Act the property in and the right to and to the use of all the water at any time in any river, stream, watercourse, lake, creek, spring, ravine, canyon, lagoon, swamp, marsh or other body of water, or contained or flowing therein, and also an exclusive or perpetual property, interest or privilege in the land forming the bed and shore thereof; and such property in and right to use such water or the land forming the bed and shore thereof shall be disposed of only in such manner and upon such terms and conditions as are provided in The Water Rights Act and the regulations made thereunder: Provided that this section shall not affect the right of the Crown to dispose of minerals under the provisions of The Mineral Resources Act in, on or under lands forming the bed or shore of the said waters; Provided also that this section shall not affect the right of the Crown under this Act or any other Act of the Legislature to grant to any holder of a mineral claim the right to deposit tailings, shines or other waste products of mining operations into any body of water, or on the lands forming the bed or shore of any body of water, lying within an area of land which has been set aside as a tailings disposal area. 1931, c.14, s.11; , c.17, s.2; 1940, c.17, s.2; R.S.S. 1940, c.37, s.12.

7 PROVINCIAL LANDS c Timber 13(1) There are hereby reserved to the Crown out of every disposition of provincial lands under this Act all trees standing, fallen or cut, and the right, to enter upon such lands and cut and remove the same, and such trees shall be disposed of only in such manner and on such terms and conditions as are prescribed by The Forest Act and the regulations made thereunder. (2) Where land has been disposed of by the Crown, then, notwithstanding such disposition, no one shall cut down any trees upon so much of the land as immediately adjoins a public highway on either side and lies within sixty feet of the highway, without the written permission of the minister. (3) A person violating the provisions of subsection (2) shall be guilty of an offence and liable on summary conviction to a fine of $5 for each tree cut down without the required permission. 1931, c.14, s.12; R.S.S. 1940, c.37, s.13. Reservation need not be set out 14 Whenever by this or any other Act of the Legislature a reservation is made in favour of the Crown out of dispositions of provincial lands, it shall not be necessary to set out such reservation therein, but every disposition shall be read and construed and shall have effect as if all such reservations were expressly set forth therein. 1931, c.14, s.13; R.S.S. 1940, c.37, s.14. Ratification of grant in certain cases 15 Notwithstanding anything in this or any other Act of the Legislature, but subject to the provisions of the agreement of transfer, no grant of provincial lands, whether for a consideration or not, to subsidize the construction of a railway, shall come into effect until the same has been ratified, validated and confirmed by the Legislature. 1931, c.14, s.14; R.S.S. 1940, c.37, s.15. POWERS OF LIEUTENANT GOVERNOR IN COUNCIL Powers of Lieutenant Governor in Council 16(1) The Lieutenant Governor in Council may: (a) from time to time fix the price of provincial lands and the terms and conditions of sale and of payment, and fix the rent where any lease, licence or permit is for a period which exceeds twenty-one years; (b) make provision for the disposal of provincial lands by homestead entry subject to such terms and conditions as may be deemed advisable; (c) divide the province into districts and prescribe the time when and the conditions upon which provincial lands in any district or any part thereof shall be thrown open for disposition or settlement; (d) exchange any provincial lands for other lands in the province or purchase other lands in the province;

8 8 c. 37 PROVINCIAL LANDS (e) set aside out of the unoccupied provincial lands transferred to the province under the agreement of transfer such areas as the Superintendent General of Indian Affairs in agreement with the minister may select as necessary to enable Canada to fulfil its obligations under the treaties with the Indians of the province; (f) set aside provincial lands for use as provincial parks, forest reserves, game reserves, bird sanctuaries, public shooting grounds or public resorts; (g) set aside provincial lands for the sites of wharves or piers, market places, gaols, court houses, public parks or gardens, historic sites, town halls, hospitals, places of public worship, burying grounds, or schools, and for purposes of agricultural exhibitions and for other like public purposes, or for model and industrial farms, and at any time before the issue of a transfer alter or revoke, the same, and make free dispositions for the purposes aforesaid; and the trusts and uses to which they are subject shall be expressed in an agreement to be executed and delivered before the delivery of the transfers; (h) transfer to any railway, power or tramway company and subject to any terms and conditions he may see fit to impose, a right of way or roadbed through provincial lands, together with such other provincial lands as may be necessary for stations, station grounds, workshops, buildings, yards, ballast pits or other appurtenances of the company, as he may consider advisable; (i) transfer for such consideration as he may think proper to persons engaged in any project of draining and reclaiming swamp lands, the lands so reclaimed or a portion thereof; provided that if the lands so transferred exceed an area equal to that of four townships such transfer shall not become effective until it has been ratified, validated and confirmed by the Legislature; (j) set aside provincial lands suitable or required for the purposes of a harbour, landing, bridge site, railway terminus, or station or townsite; any lands so set aside to be disposed of only on such terms and subject to such conditions as are in each case fixed by the Lieutenant Governor in Council; (k) withdraw from disposition any provincial lands for reasons which shall be set forth in the order effecting the withdrawal; lands so withdrawn to be disposed of only on such terms and subject to such conditions as the Lieutenant Governor in Council may in each case prescribe: Provided that at any time, after reasonable notice given, he may cancel the withdrawal and declare the land open for disposition; (l) transfer to the Government of Canada for such consideration as he may think proper, or lease to that Government upon such terms and conditions as are mutually agreed upon, provincial lands required in connection with any project heretofore or hereafter undertaken under the authority of The Prairie Farm Rehabilitation Act (Canada); (m) transfer without consideration to the Land Utilization Board, or to such member of the Executive Council as is authorized to accept such transfer on behalf of the board, provincial lands required in connection with any project heretofore or hereafter undertaken under the authority of The Land Utilization Act.

9 PROVINCIAL LANDS c (2) Subsection (4) of section 55 of The Land Titles Act shall not apply to certificates of title issued pursuant to transfers of land under clause (l) or (m) of subsection (1). 1931, c.14, s.15; , c.17, s.3; 1938, c.15, s.2; 1940, c.17, s.3; R.S.S. 1940, c.37, s.16. Witnesses 17 When any question arises with regard to provincial lands, whether before or after the issue of transfer, the Lieutenant Governor in Council may authorize the minister or any official of the department to summon persons before him, to examine them under oath and compel the production of papers and writings, and if any person duly summoned neglects or refuses to appear at the time and place specified in the summons, or refuses to give evidence or to produce the papers or writings set out therein, the minister or official so authorized may, by warrant, under his hand, cause such person to be taken into custody and to be imprisoned in the nearest common gaol for a term not exceeding fourteen days. 1931, c.14, s.16; R.S.S. 1940, c.37, s.17. Orders and regulations 18(1) The Lieutenant Governor in Council may, from time to time, make such orders and regulations, not inconsistent with this Act, as are necessary to carry out its provisions according to their obvious intent, or to carry out the agreement of transfer or to meet cases which may arise and for which no provision is made by this Act; and may on grounds of justice or compassion, make an order in any special case waiving or modifying the requirements of the regulations and of the Dominion Lands Act and the regulations thereunder. (2) Every order and regulation so made shall, unless otherwise specially provided herein, have force and effect only after it has been published in The Saskatchewan Gazette, or on and after a date named in the order or regulation, and all such orders and regulations shall be laid before the Legislative Assembly within the first fifteen days of the then next ensuing session thereof. 1931, c.14, s.17; 1932, c.7, s.3; 1939, c.12, s.3; R.S.S. 1940, c.37, s.18. POWERS AND DUTIES OF MINISTER Duties generally 19 Except as herein otherwise provided, the minister shall have the control and management of provincial lands, including school lands, and of the sale, lease or other disposition thereof. 1931, c.14, s.18; R.S.S. 1940, c.37, s.19.

10 10 c. 37 PROVINCIAL LANDS Reservation of certain lands 20(1) The minister may set aside and reserve from sale, any lands which he considers to be unsuited for cultivation without the aid of irrigation, or to be required in connection with any system of irrigation, or any marsh lands, or lands suitable for grazing but not adapted to agriculture, or lands valuable on account of the hay or timber, quarrible stotle, salt, petroleum, natural gas, coal, gold, silver, copper, iron, or other minerals thereon or therein, or for the protection of ponds, lakes or other water supplies, or for the purposes of a water power, harbour, landing or townsite. (2) The minister may, at any time, on being satisfied that there is no longer reason for continuing the reservation, remove it, after due notice given, and declare the land open. 1931, c.14, s.19; R.S.S. 1940, c.37, s.20. Leases and permits 21(1) The minister, subject to any regulations made by the Lieutenant Governor in Council in that behalf, may, from time to time, upon such terms and subject to such conditions as may be prescribed: (a) lease provincial lands for a term not exceeding twenty-one years, with or without an option to purchase; (b) issue permits for the use of unoccupied provincial lands for grazing purposes; (c) issue permits to cut hay on unoccupied provincial lands. (2) No permit shall operate to prevent the sale or settlement of the lands at any time during its term, and every permit shall in addition be subject to an implied condition that the minister may for any reason, at any time during the term of the permit, give the permittee notice of cancellation, and at the expiration of one month from the service thereof the permit shall be cancelled and, except as hereinafter provided, the rights of the permittee under such permit shall cease and determine. (3) In case of the sale or settlement of land held under such permit, or in case the permit is cancelled under the provisions of subsection (2), the permittee, upon obtaining the permission of the minister and within the time limited by him, may remove any fence or other improvement made by him on the land with his own materials, or any hay he may have cut; or, in the case of sale or settlement of the land, if the minister considers it inadvisable to permit the removal of such fencing, improvements or hay, the permittee shall be paid by the purchaser or settler such sum as the minister may fix therefor. 1931, c.14, s.20; R.S.S. 1940, c.37, s.21.

11 PROVINCIAL LANDS c Subdivision of townsite 22 When provincial lands have been set aside for purposes of a townsite the minister may divide the same into lots and lease or sell such lots, either by private sale at such price as he may deem fit, or at public auction, an upset price being fixed. When lands so set aside are adjacent to lands to which a railway company is entitled, the minister may arrange with the company that the lands so set aside and such lands of the company in the town or village as may be agreed upon shall be sold on joint account, and on such terms as may appear just and equitable, and the lands so set aside may be granted to the company or to such person as the minister and the company shall agree upon for the purposes of the sale. 1931, c.14, s.21; R.S.S. 1940, c.37, s.22. Tariff of fees for leases, licences, etc. 23 The minister may establish a tariff of fees for the preparation of leases, licences, permits and other documents and for copies of maps, plans, field notes, documents, papers or other records of the department and for the registration of assignments therein, and these fees shall be deposited in and forth part of the consolidated fund. 1931, c.14, s.22; R.S.S. 1940, c.37, s.23. Advertising lands for sale 24 The minister may from time to time cause to be advertised or published lists of the provincial lands for sale in Saskatchewan. 1931, c.14, s.23; R.S.S. 1940, c.37, s.24. Lists of disposed lands and transferees 25(1) The minister shall transmit as early as possible in each year to the Minister of Municipal Affairs a list of the provincial lands disposed of during the year next preceding to any persons who are liable to assessment in respect of the same or of any right, interest or estate therein under any Act of the Legislature and for which no transfers have been issued, together with the names of such persons and particulars of their rights, interests or estates in the lands. The minister shall, in like manner, apprise the Minister of Municipal Affairs of the cancellation of any such disposition, whereupon, until again disposed of, the land affected shall as from the date of cancellation cease to be liable for taxes. (2) The minister shall, once in every three months, furnish to the Minister of Municipal Affairs a list of the names of all persons to whom transfers have issued from the Crown for provincial lands since the former list, and of all persons whose transfers have been cancelled since the former list, with such general or particular description as the case may require; and he shall furnish copies of all plans or maps of any survey of such lands in his custody and which have not been already furnished. (3) The Minister of Municipal Affairs shall, upon receipt of the list or information mentioned in subsection (1) or in subsection (2), transmit to the clerk of every municipality, and in unorganized territory to the assessor of every school district, so much of the information as affects the municipality or school district. 1931, c.14, s.24; R.S.S. 1940, c.37, s.25.

12 12 c. 37 PROVINCIAL LANDS HALF-BREED SCRIP Acquisition of provincial lands 26 Scrip notes, which were issued by the Government of Canada to half-breed grantees in satisfaction of their claims arising out of the extinguishment of the Indian title and to be used in connection with vacant and available Dominion lands, may be used to acquire title to provincial lands, subject to such conditions as may be prescribed by the Lieutenant Governor in Council, and, without restricting the generality of the foregoing, subject to the following conditions: 1. Application for permission to locate such scrip shall be made to the minister and the scrip note shall be submitted with such application, for inspection and approval; 2. Permission to locate such scrip shall be granted only where claim to the scrip was based on birth within the territory now comprising the Province of Saskatchewan, and the minister may, before granting such permission, require proof satisfactory to him that the grantee was so born and any other evidence with reference to the scrip note; 3. Transfer shall issue only in the name of the grantee of the scrip; 4. The scrip may be located only on such lands as are from time to time made available for homestead entry as provided by the regulations, and location thereof shall be made within three years from the date on which this section comes into force. 1937, c.11, s.2; R.S.S. 1940, c.37, s.26. SCHOOL LANDS School lands 27(1) Sections eleven and twenty-nine in every surveyed township in Saskatchewan, and in every township hereafter surveyed, together with the gold and silver as well as other minerals contained therein, are hereby set apart as an endowment for purposes of education, and shall be designated school lands. They are hereby withdrawn from the operation of the provisions of this Act which relate to sale, and no right to purchase them or any part of them shall, subject to the provisions hereinafter contained, be recognized, and no right or title of any kind shall be acquired by prescription in respect of such lands so long as the Crown has any right, title or interest therein. (2) Notwithstanding anything in this Act, the Lieutenant Governor in Council may authorize the minister to include in any block of land sold or to be sold to any person for the purpose of irrigation, or in any lands which have been or which may be set aside for the purpose of an Indian or other public reserve, or have been or may be reserved for any other purpose which the minister considers to be in the public interest, lands which under the provisions of this Act are school lands, or lands which upon survey will become school lands.

13 PROVINCIAL LANDS c (3) No such block of lands so sold or to be sold or lands so set aside and reserved or to be set aside and reserved for any of the purposes aforesaid shall include school lands, or lands which upon survey shall become school lands, until other provincial lands of equal value, as nearly as may be, have been selected in lieu thereof; and, when other provincial lands have been so selected and have been designated by the minister as school lands, they shall thereafter be and become school lands and be dealt with in the same manner as ordinary school lands under the provisions of this Act. 1931, c.14, s.25; 1939, c.12, s.4; R.S.S. 1940, c.37, s.27. Provision for school sites 28 If it is established to the satisfaction of the minister, either by report or order of the Lieutenant Governor in Council or by a request in writing over the signature of the Minister of Education or his deputy, that it is desirable to take or reserve out of any section, half section or quarter section of school lands a small portion thereof as a site for a school and for purposes properly connected therewith, the minister may forthwith sell to the board of trustees for the school district for which the same is required at a minimum price of $10 per acre, a portion of school lands, in no case to exceed an area of four acres, which shall front on a road allowance, at such price as he may consider fair and reasonable, and may forthwith, upon payment of the price, cause a transfer to be issued therefor. 1931, c.14, s.26; R.S.S. 1940, c.37, s.28. Mining rights 29 Notwithstanding anything herein contained, where a lease has been granted under the Dominion Lands Act or The Mineral Resources Act for mining rights on or under school lands, and in the opinion of the minister the proper carrying on of mining operations will destroy the surface of the land for other purposes, the minister may sell the surface rights of the land to the lessee of the mining rights at the actual market value of the land at the time of sale, irrespective of its mining value. The sum realized from the sale shall become part of the school fund, as provided by section , c.14, s.27; R.S.S. 1940, c.37, s.29. Sale by auction 30(1) All sales of the school lands shall be by public auction, and an upset price shall be fixed from time to time by the Lieutenant Governor in Council; but in no case shall such lands be put up at an upset price less than the fair value of corresponding unoccupied lands in the township in which they are situated. (2) When lands have been sold whether before or after the transfer of the natural resources to the province, and have reverted to the Crown they may be resold by public tender, subject to the approval of the Lieutenant Governor in Council. 1931, c.14, s.28; 1932, c.7, s.4; 1938, c.15, s.3; R.S.S. 1940, c.37, s.30.

14 14 c. 37 PROVINCIAL LANDS Exceptions 31 Notwithstanding anything in this Act contained: (a) school lands may be leased for any purpose whatsoever to any person, municipality or other corporation, under and subject to terms and conditions to be provided by regulations made by the Lieutenant Governor in Council; (b) when, for, any reason, a part or fraction only of a quarter section of school lands has been disposed of, whether before or after the first day of October, 1930, then, upon any portion of the balance becoming available, the minister may sell such portion to the owner of the part already disposed of upon terms and at a price per acre to be fixed by him after valuation by an officer of the department; (c) the minister may sell school lands required for reservoir, church, cemetery or hospital sites, or for other public purposes or as a right of way for any project, or for any railway purpose, at a price to be fixed by an officer of the department as the actual market value of the land and upon such terms of payment as the minister may prescribe; (d) the minister may, if he considers that it will further the purpose for which school lands have been set apart, dispose of any section or part of a section of school lands in legal subdivisions or in smaller subdivisions, at a price to be fixed by an officer of the department; but he shall require that at least one fifth of the purchase price thereof shall be paid in cash at the time of sale, and the balance in not more than four equal consecutive annual instalments, with interest on the unpaid balances at six per cent. per annum: Provided that no sale shall be for more than forty acres, and provided also that no more than forty acres in any one section shall be so sold under the provisions of this section unless such section of land has been subdivided into building lots. 1931, c.14, s.29; 1932, c.7, s.5; R.S.S. 1940, c.37, s.31. Terms of sale 32 The amount to be paid in cash at the time of sale shall be at least one-tenth of the purchase price, and the balance of such purchase price shall be paid in not more than eighteen successive annual instalments, with interest at the rate of six per cent. per annum, which interest shall be paid with each instalment on the balance thereof from time to time remaining unpaid: Provided that: (a) if the minister considers that it will further the purposes for which school lands have been set apart he may dispose of any section or part of a section in legal subdivisions or in smaller subdivisions, or in town lots, into which he is hereby empowered to have any section or part of a section laid out, surveyed and shown on a plan of survey; but he shall require that at least one-fifth of the purchase price thereof shall be paid in cash at the time of sale, and the balance in not more than four equal consecutive annual instalments, with interest at the rate herein fixed, and payable as herein specified; (b) all instalments or any portion of any instalment in arrear, whether of principal or interest, shall bear interest at the rate of seven per cent. per annum. 1931, c.14, s.30; R.S.S. 1940, c.37, s.32.

15 PROVINCIAL LANDS c Contract may be rescinded 33(1) Where an application made the holder of unpatented school lands purchased under the provisions of the Dominion Lands Act or of this Act, or by the legal representative or registered assignee of such holder, the minister may rescind such contract or contracts of sale as to any portion thereof and in such form and area as the minister may prescribe. (2) Upon such rescission the holder or his legal representative or registered assignee shall be held to be indebted to the Crown for principal and interest in accordance with the terms and conditions of the original contract or contracts of sale in respect only of the area to which such contract or contracts have been confined, and the account or accounts of the holder, legal representative, or registered assignee, in the books of the department shall be adjusted accordingly. (3) In such readjustment any moneys paid on the original contract or contracts may, in the discretion of the minister, be applied in satisfaction of the principal and interest owing, or principal accruing under the contract or contracts, as amended; provided that there shall be no refund of any moneys, and that no action shall be taken save and in respect of a holder who has been actually farming such lands in a proper and husbandlike manner. 1931, c.14, s.31; R.S.S. 1940, c.37, s.33. School fund 34 All moneys from time to time realized from the sale of school lands shall be invested in securities of the province, which are direct obligations of the province, to form a school fund, and the interest arising therefrom shall be paid annually into the consolidated fund towards the support of schools organized and carried on in accordance with the law of the province. The cost of management shall be a first charge on the revenues of the fund arising from any source whatever. 1931, c.14, s.32; R.S.S. 1940, c.37, s.34. GENERAL PROVISIONS Minister gives notices 35 Where, by law or by any disposition made under this or any other Act of the Legislature, any notice relating to provincial lands is required to be given, or any act to be done, by or on behalf of the Crown, such notice may be given and act done by or by the authority of the minister. 1931, c.14, s.33; R.S.S. 1940, c.37, s.35.

16 16 c. 37 PROVINCIAL LANDS Rights of purchaser or lessee 36 A receipt for a payment on account of the consideration for any disposition of provincial lands shall, unless the disposition has been cancelled, entitle the person to whom it was issued, or his assignee, to enter upon, occupy, use and possess the land described in the receipt to the fullest extent of the interest therein set out to the exclusion of any other person, and to bring and maintain actions for trespass committed on the said lands and to protect such interest; and in any suit, action or proceeding, such receipt shall be prima facie evidence of the right of such person or his assignee to enter upon, occupy, use and possess the said lands to the extent of such interest: Provided that occupancy, use and possession of such land shall be subject to the conditions of the disposition and to the provisions of this or any other Act of the Legislature affecting it or of any regulation made thereunder. 1931, c.14, s.34; R.S.S. 1940, c.37, s.36. Interest rate to be 6 per cent. 37 When any interest is payable under or by virtue of a regulation or order made or issued by the Lieutenant Governors in Council or the minister for or on account of the purchase money or rent of any provincial lands sold or otherwise disposed of, or for or on account of the purchase money or rent of any other lands or claims to which this Act relates, or for or on account of any other claim, matter or thing arising thereunder, the rate of interest where no other provision has been made therefor shall be six per cent. per annum, compounded annually. 1931, c.14, s.35; R.S.S. 1940, c.37, s.37. Affidavits 38 Any affidavit or statutory declaration required under this Act or intended to be used with reference to any claim, business, or transaction in the department may be taken before the minister or any officer of the department, any person specially authorized in writing by the minister, or any person empowered by law to take affidavits or statutory declarations. 1931, c.14, s.36; R.S.S. 1940, c.37, s.38. Copies of documents to be evidence 39 Copies of any records, documents, books or papers belonging to or deposited in the department, attested under the signature of the minister, shall be competent evidence in all cases in which the original records, documents, books or papers could be evidence. 1931, c.14, s.37; R.S.S. 1940, c.37, s.39. ASSIGNMENTS Registration 40 The minister shall cause to be kept books for registering, at the option of the parties interested, assignments of any right, interest or estate acquired in provincial lands under the provisions of this or any other Act of the Legislature which the assignor is not prohibited by law, or by the terms of the disposition by which he has acquired that right, interest or estate, from assigning or agreeing to assign. 1931, c.14, s.38; R.S.S. 1940, c.37, s.40.

17 PROVINCIAL LANDS c Requirements 41 Upon such an assignment being produced to the minister, with the affidavit of an attesting witness of the execution thereof, stating the time and place of execution, and the names, residences and occupations of the witnesses, and upon the production of the necessary abstracts, search letters and certificates, the minister may cause the material parts of the assignment to be registered, and may cause to be indorsed thereon a certificate of registration, to be signed by himself or by an officer of the department by him thereunto authorized. 1931, c.14, s.39; R.S.S. 1940, c.37, s.41. When assignments to be registered 42 Only assignments which are unconditional and for the entire right, interest or estate of the assignor shall be registered, all the conditions required by law or contained in the disposition under which the right, interest or estate is claimed, having been complied with or compliance dispensed with by the minister. 1931, c.14, s.40; R.S.S. 1940, c.37, s.42. Undescribed provincial lands 43 In no case shall the registration of an assignment relating to undescribed provincial lands make it incumbent on the minister to transfer any land or right thereunder. 1931, c.14, s.41; R.S.S. 1940, c.37, s.43. Priorities 44 Registered assignments shall take priority over assignments previously executed but unregistered or subsequently registered. 1931, c.14, s.42; R.S.S. 1940, c.37, s.44. Death or absence of witness 45 If a subscribing witness to an assignment has died or left the province, the minister may register the assignment upon the production of an affidavit proving the death or absence and the handwriting of the witness. 1931, c.14, s.43; R.S.S. 1940, c.37, s.45. TRANSFERS Application for transfer by heir, etc. 46(1) On any application for a transfer by the heir, assignee, devisee or guardian or committee, of the original nominee, of the Crown, the minister may receive proof in such manner as he may think fit in support of any claim for a transfer when the original nominee or any one claiming under him is dead or has become insane or mentally incompetent, as the case may be, and upon being satisfied that the claim has been equitably and justly established, may allow the same and cause a transfer to issue accordingly. (2) Nothing in this section shall limit the right of the party claiming a transfer to make his application to any court of competent jurisdiction for the same purpose. 1931, c.14, s.44; R.S.S. 1940, c.37, s.46.

18 18 c. 37 PROVINCIAL LANDS Issue and registration of transfer 47(1) Subject to the provisions of subsection (2), the minister or the deputy of the minister or an officer of the department authorized by the Lieutenant Governor in Council to do so shall execute on behalf of the Crown all dispositions of provincial lands made under this or any other Act of the Legislature, and all leases, licences and permits issued under the provisions of this Act, The Mineral Resources Act, The Forest Act, The Water Power Act or The Water Rights Act. (2) When all the conditions of a sale of or an entry to provincial lands have been complied with, a transfer shall be prepared in the department and shall be signed by the minister or the deputy of the minister, or by some other person thereunto specially authorized by the Lieutenant Governor in Council, who shall cause to be affixed thereto the seal of the department, and when so signed and sealed it shall be registered in the department by an officer of the department appointed for that purpose. 1931, c.14, s.45; 1940, c.17, s.4; R.S.S. 1940, c.37, s.47. Issue of transfer subject to a charge on land 48 When a settler or purchaser is entitled to a transfer of provincial lands and is indebted to the Crown, the minister may cause the transfer to issue and may transmit it to the registrar of land titles for the land registration district in which the land is situated, along with a certificate signed by him or his deputy, or by any other person named by him for the purpose, setting forth the name of the debtor, particulars of the debt including the total amount thereof, the rate of interest to be paid thereon and describing the land to be charged thereby; and the registrar, when registering the transfer, shall make the necessary entries in his records respecting the said indebtedness, and upon registration of the transfer the said indebtedness shall be and remain a charge upon the land until satisfied and extinguished according to law. Such charge shall have priority according to the date of its registration. 1938, c.15, s.4; R.S.S. 1940, c.37, s.48. Transfer issued in error, etc., how dealt with 49 When a transfer has been issued to or in the name of the wrong person or contains any clerical error, misnomer, or wrong or defective description of the land thereby intended to be transferred or if there is in it an omission of the conditions of the grant, the minister may, there being no adverse claim, direct the defective transfer to be cancelled and a correct one to be issued in its stead, which corrected transfer shall relate back to the date of the one cancelled and have the same effect as if issued on that date. 1931, c.14, s.46; R.S.S. 1940, c.37, s.49. Transfers after death of applicant 50 A transfer which is issued in the name of a person who is dead shall not on that account be void but the title to the land transferred shall vest in his personal representative, as if the transfer had been issued in the name of the deceased during his lifetime. 1940, c.17, s.5; R.S.S. 1940, c.37, s.50.

19 PROVINCIAL LANDS c Grants inconsistent with each other 51 In all cases in which, through error, transfers have issued for the same land inconsistent with each other, and in all cases of dispositions of the same land inconsistent with each other, the minister may: (a) order a new transfer to the person thereby deprived of land to a value equal to that of the original grant at the time of the grant, or he may cause a refund to be made of any money paid on account of such disposition, with interest at the rate of five per cent. per annum; or (b) when the land has passed from the original holder or has been improved before a discovery of the error, he may transfer to the original holder such land as to him seems just and equitable under the circumstances; but no claim under this section shall be entertained unless it is preferred within one year after the discovery of the error. 1931, c.14, s.47; R.S.S. 1940, c.37, s.51. Deficiency or excess of quantity mentioned in transfer 52(1) When by reason of false survey or error in the books or plans in the department, any disposition of land is found to be deficient, or any parcel of land contains less than the quantity of land mentioned in the disposition or transfer thereof, the minister may: (a) order the purchase money of so much land as is deficient, with interest thereon at five per cent. per annum from the time of the application therefor, or if the land has passed from the original purchaser, and the claimant was ignorant of a deficiency at the time of his purchase then the purchase money which the claimant had paid for so much of the land as is deficient, with the interest thereon as aforesaid from the time of the application therefor, to be paid to him in land or in money, as the minister may see fit; or (b) in case of a special conditional grant, order a transfer of other land equal in value to the land so intended as a special grant at the time such grant was made; but no such claim shall be entertained unless application is made within one year from the date of the transfer, nor unless the deficiency is equal to one-tenth of the whole quantity described as being contained in the particular lot or parcel of land granted. (2) When a parcel of land contains more than the quantity mentioned in the transfer, the purchaser shall pay for the excess at the same rate as he paid for the land described in the transfer, with interest at the rate of five per cent. per annum from the time of the application for the land. 1931, c.14, s.48; 1932, c.7, s.6; R.S.S. 1940, c.37, s.52. Compensation treated as personal estate 53 Compensation awarded under section 51, except where land is specifically assigned therefor by the minister, and all claims therefor, shall be treated as personal estate and dealt with accordingly. 1931, c.14, s.49; R.S.S. 1940, c.37, s.53.

20 20 c. 37 PROVINCIAL LANDS Court of K.B. may adjudge transfer 54 In all cases where dispositions affecting lands have been issued through fraud, or in error, or in improvidence, the Court of King s Bench may, upon proceedings being instituted therefor, declare such dispositions void; and, upon the registration of such judgment in the department, such dispositions shall be void. If a transfer has been registered in the land titles office and has been adjudged void at the suit of the minister, he shall cause a copy of the judgment properly attested, as provided by section 38, to be registered forthwith in that office. 1931, c.14, s.50; R.S.S. 1940, c.37, s.54. RECOVERY OF RENT, ETC. Procedure 55(1) Whenever any rent, royalty or consideration for the use of provincial lands or for any right, interest or estate therein, payable to the Crown, is in arrear, the minister, or any person authorized by him in writing to act in such cases, may issue a distress warrant to any person or persons by him named therein who shall proceed to distrain on the goods and chattels of the person liable to pay such rent, royalty or consideration, wherever the same may be found, and on all goods and chattels found upon the lands in question, for the rent, royalties or consideration in arrear and shall sell the same. Such distress and sale shall be in the same manner and subject to the same conditions as any other distress by the Crown upon a tenant. (2) Whenever any rent, royalty or consideration for the use of provincial lands or for any right, interest or estate therein, payable to the Crown, is in arrear, an action of debt shall lie therefor which may be brought in the name of the minister by his name of office. (3) Nothing herein contained shall alter or affect any right which the Crown may otherwise have to recover such rent, royalty or consideration by distress, action or otherwise howsoever, and the remedies given by subsections (1) and (2) are ancillary to and in addition to and not in substitution for any such right. (4) No demand for rent by the Crown shall be necessary in any case whatever, and any disposition may be cancelled for non-payment of rent, or rent may be distrained for or sued for and recovered without any such demand. 1931, c.14, s.51; R.S.S. 1940, c.37, s.55. FORFEITURE Default and non-performance 56 In every disposition of provincial lands made under this or any other Act of the Legislature, other than a transfer, unless a contrary intention appears therein, there shall be implied a condition that the minister is thereby empowered: (a) for default in payment of any rent or royalty, or any other consideration thereby reserved or any instalment thereof; or