BILL 46

An Act Respecting Various Property Transactions

Chapter Outline

Crown Lands and Forests Act 1

Executive Council Act 2

Highway Act 3

Public Works Act 4

Commencement 5

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Crown Lands and Forests Act

1(1) Paragraph 13(d) of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is repealed.

1(2) The Act is amended by adding after section 13 the following:

13.1 The Minister may issue a grant of Crown Lands to a person who claims Crown Lands by possessory title, upon presentation by that person of satisfactory proof of sufficient possession.

1(3) Subsection 16(1) of the Act is amended by striking out "the Lieutenant-Governor in Council may, upon the advice of the Minister," and substituting "the Minister may".

1(4) Section 16.1 of the Act is amended by striking out ", with the approval of the Lieutenant-Governor in Council,".

1(5) Paragraph 21(b.1) of the Act is repealed.

1(6) The Act is amended by adding after section 21 the following:

21.1 The Minister may convey Crown Lands to a person who claims Crown Lands by possessory title, upon presentation by that person of satisfactory proof of sufficient possession.

1(7) The Act is amended by adding after section 26 the following:

26.1(1) Where the Minister grants lands under section 13.1, grants or conveys lands under section 16.1 or conveys lands under section 21.1, the Minister shall provide to Executive Council a report on all such transactions in such form as is approved by Executive Council.

26.1(2) A report under subsection (1) shall be submitted for the six month period after the commencement of this section and for every six month period thereafter, with the report to be submitted no later than one month after each six month period.

26.1(3) A report under subsection (1) shall be published in The Royal Gazette no later than one month after the report is accepted by Executive Council.

1(8) Subsection 82(1) of the Act is amended in the portion preceding paragraph (a) by striking out ", with the approval of the Lieutenant-Governor in Council,".

1(9) Section 83 of the Act is amended

(a) in subsection (2) by striking out "The Lieutenant-Governor in Council may, upon the recommendation of the Minister," and substituting "The Minister may by order";

(b) in subsection (3) by striking out "Order in Council" and substituting "order".

1(10) The Act is amended by adding after section 84 the following:

84.1(1) Where the Minister grants any portion of a reserved road or discontinues any portion of a reserved road, the Minister shall provide to Executive Council a report on all such transactions in such form as is approved by Executive Council.

84.1(2) A report under subsection (1) shall be submitted for the six month period after the commencement of this section and for every six month period thereafter, and shall be submitted no later than one month after each six month period.

84.1(3) A report under subsection (1) shall be published in The Royal Gazette no later than one month after the report is accepted by Executive Council.

Executive Council Act

2 Section 3 of the Executive Council Act, chapter E-12 of the Revised Statutes, 1973, is amended by adding after subsection (4) the following:

3(5) Notwithstanding paragraph (3)(a), a member of the Executive Council may transfer the administration and control of property held by the member in the name of Her Majesty in right of the Province to another member of the Executive Council on such terms as the member may prescribe if that other member, in the document conveying the administration and control of the property, signs the document accepting the transfer and the terms and conditions prescribed.

3(6) Where a member of the Executive Council transfers the administration and control of a property under subsection (5), the member shall provide to Executive Council a report on all such transactions in such form as is approved by Executive Council.

3(7) A report under subsection (6) shall be submitted no later than twelve months after the commencement of this section and for every twelve month period thereafter, and shall be submitted no later than one month after each twelve month period.

3(8) A report under subsection (6) shall be published in The Royal Gazette no later than one month after the report is accepted by Executive Council.

Highway Act

3 The Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended by adding after section 12 the following:

12.1(1) Notwithstanding section 12 and notwithstanding any other Act, the Minister may enter into an agreement for the sale of land or property that is no longer required by the Minister for highway or provincial dump purposes and may convey such land or property by a deed of conveyance under the Great Seal of the Province and under the hand of the Minister if the land or property is sold for less than $15,000.

12.1(2) The proceeds of any sale under subsection (1) shall be accounted for as public money.

12.1(3) Notwithstanding section 12 and any other Act, the Minister may release an easement if the easement is on land or property that the Minister no longer requires for highway or provincial dump purposes, and the release of easement shall be under the Great Seal of the Province and under the hand of the Minister.

12.2(1) Where the Minister sells land or property or releases an easement under section 12.1, the Minister shall provide to Executive Council a report on all such transactions in such form as is approved by Executive Council.

12.2(2) A report under subsection (1) shall be submitted for the six month period after the commencement of this section and for every six month period thereafter, and shall be submitted no later than one month after each six month period.

12.2(3) A report under subsection (1) shall be published in The Royal Gazette no later than one month after the report is accepted by Executive Council.

Public Works Act

4 The Public Works Act, chapter P-28 of the Revised Statutes, 1973, is amended by adding after section 12 the following:

12.01(1) Notwithstanding section 12 and notwithstanding any other Act, the Minister may enter into an agreement for the sale of a public work that is no longer required by the Minister and may convey such public work by a deed of conveyance or other instrument under the Great Seal of the Province and under the hand of the Minister if the public work is sold for less than $15,000.

12.01(2) The proceeds of any sale under subsection (1) shall be accounted for as public money or, on the direction of the Minister, be deposited to the credit of the Land Management Fund.

12.02(1) Where the Minister sells a public work under section 12.01, the Minister shall provide to Executive Council a report on all such transactions in such form as is approved by Executive Council.

12.02(2) A report under subsection (1) shall be submitted for the six month period after the commencement of this section and for every six month period thereafter, and shall be submitted no later than one month after each six month period.

12.02(3) A report under subsection (1) shall be published in The Royal Gazette no later than one month after the report is accepted by Executive Council.

Commencement

5 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.