A-4 - Act respecting the acquisition of colonization lands

Updated to 1 April 1999

This document has official status.

chapter A-4

Act respecting the acquisition of colonization lands

Repealed, 1982, c. 13, s. 65.

1982, c. 13, s. 65.

1. Without revoking or restricting the rights and powers provided for by sections 24 and 26 of the Lands and Forests Act (chapter T-9), whenever the interests of colonization may require, the Government may authorize the Minister of Agriculture, Fisheries and Food to acquire any territory, either by way of purchase or exchange or, failing agreement, by expropriation:

(a)  To develop or extend parishes or any territory where settlers are established;

(b)  To connect two or more territories where settlers are established and to colonize the intermediate and adjoining lands;

(c)  To open up any territory, near a centre or a parish, capable of immediately and advantageously serving for the establishing of the surplus population of such centre or parish;

(d)  To improve and drain certain uncultivable barren lands, or unused lands of the same nature, held in common or by private title.

R. S. 1964, c. 103, s. 1; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

2. As soon as the Government has, under section 1, authorized the Minister of Agriculture, Fisheries and Food to acquire a certain territory, the latter must apply to the owner of the territory or the persons authorized to cede it and make such agreements and arrangements as may be arrived at with such persons.

Such agreements or arrangements shall have effect as soon as they are approved by the Government.

When the acquiring of the land is effected by exchange, the Minister of Energy and Resources is authorized to grant a title in favour of the persons concerned for the territory exchanged for that obtained for colonization purposes.

R. S. 1964, c. 103, s. 2; 1973, c. 22, s. 22; 1979, c. 81, s. 20; 1979, c. 77, s. 21.

3. If no understanding has been arrived at under section 2 within such delay as the Minister deems reasonable, the Government may, after fifteen days’ notice to the owner, authorize the Minister to proceed with the expropriation of such territory, piece of ground or land.

R. S. 1964, c. 103, s. 3.

4. For the carrying out of this act, the Minister or the officers of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation whom he may delegate for the purpose and all persons accompanying them may enter upon, pass over and inquire into any property contemplated by section 1 of this act, but the owner or owners must be indemnified when material damage has been caused to him or them thereby.

R. S. 1964, c. 103, s. 4; 1973, c. 22, s. 22; 1977, c. 5, s. 14; 1979, c. 77, s. 21.

5. The Minister must report to the Government every award made under the authority of this act, and all expenses incurred for the carrying out of this act shall be paid out of the moneys voted annually, for that purpose, by the Legislature, upon the certificate of the Minister of Agriculture, Fisheries and Food.

R. S. 1964, c. 103, s. 5; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

6. The expropriation shall in no case include the lakes and rivers and the lands bordering the rivers and lakes for a depth of three chains.

R. S. 1964, c. 103, s. 6.

7. This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B of the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).

1982, c. 21, s. 1.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 103 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter A-4 of the Revised Statutes.