The Land Rehabilitation Act

The Land Rehabilitation Act, C.C.S.M. c. L50 bilingual version (HTML) Table of Contents Section 1 Definitions PART I PROVISIONS IMPLEMENTING ACTS OF THE PARLIAMENT OF CANADA 2 Municipal powers 3 Pasture gateways 4 Detention and disposal of stray animals found on pastures 5 Application of municipal law 6 Powers of Lieutenant Governor in Council to arrange for rehabilitation and development 7 Application of Water Rights Act PART II CONTROL OF TILLAGE 8 By-law regulating tillage practices 9 Power to make orders 10 Power of council to do work 11 Approval of order required PART III GENERAL 12 Entry to examine lands 13 Regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre ») "municipality" means a rural municipality. (« municipalité ») S.M. 2000, c. 35, s. 55 . PART I PROVISIONS IMPLEMENTING ACTS OF THE PARLIAMENT OF CANADA Municipal power to do acts and things to secure rehabilitation 2(1) Notwithstanding any other Act, but subject to section 7, a municipality may do any act or thing contemplated or required to be done under any Act of the Parliament of Canada or the regulations made thereunder or under any order of the Governor General in Council to secure the rehabilitation or development of any agricultural area within or partly within the municipality, and to develop within that area systems of farm practice, tree culture, water supply, land utilization, and land settlement, that will afford greater economic security; and for such purposes may pass the necessary by-laws. Further municipal powers 2(2) Without restricting the generality of subsection (1), a municipality for such purposes may (a) enter into agreements with the Government of Canada and the Government of Manitoba or either of them; (b) construct, acquire, extend, improve, conduct, operate, and maintain, works and acquire lands therefor; (c) set aside lands owned by it for communal pastures; (d) exchange lands with, or transfer lands to, the Crown in right of the province or in right of Canada, with or without consideration; (e) lease any of its lands; (f) make regulations respecting communal pastures and fix and collect fees for pasturing stock thereon; (g) close road allowances; (h) exempt any lands from all or any part of the municipal and school rates and taxes and from assessment; (i) exchange lands of the municipality for other lands in the municipality and do all necessary acts and things with respect thereto; and may pass the necessary by-laws therefor. Expropriation of lands 2(3) Lands required for works under clause (2)⁠(b) may be acquired by the municipality by purchase or expropriation. Procedure for closing roads 2(4) A by-law for closing a road under clause (2)⁠(g) may be passed without compliance with The Planning Act , but shall not come into effect until approved by the Lieutenant Governor in Council. Taxes in case of exchanged lands 2(5) In the case of lands exchanged under clause (2)⁠(i), the municipality may provide that the taxes or any part thereof due with respect to the parcel of land so acquired by the municipality shall become taxes upon the land acquired by the person so exchanging parcels with the municipality; and, if so provided, the taxes or part thereof shall become taxes on that parcel, and thereafter all the remedies for the enforcement and collection of taxes are applicable as if the taxes had been originally levied against that parcel, and any pending proceedings may be taken up and continued against that parcel. Authority of by-law 2(6) Any such by-law is the authority for, and a direction to, the secretary-treasurer of the municipality to make all necessary entries in the records of the municipality and to the district registrar of the land titles office of the district in which the lands are situated to do all acts and things to give effect thereto. S.M. 1996, c. 58, s. 458 . Pasture gateways 3(1) Where a gateway is provided in a fence enclosing a pasture established under this Act to enable the public to obtain thoroughfare through the pasture, a notice board shall be erected in the gateway requiring persons who open the gate to leave it closed; and any person who opens the gate and fails to close it as required by the notice is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50. or to imprisonment for 30 days. Interference with sign prohibited 3(2) Any unauthorized person who takes down, covers up or alters a notice board erected under subsection (1), and any person who mutilates, defaces, or otherwise damages it is guilty of an offence and is liable, on summary conviction, to a fine of not less than $10. or more than $100. or to imprisonment for 30 days. Detention and disposal of stray animals found on pastures 4 All animals on land within a fence enclosing a pasture established under this Act in respect of which animals an agistment agreement has not been made with the persons operating the pasture, shall be deemed to be impounded; and for that purpose the land is hereby declared to be a pound and the person in charge of the pasture to be a poundkeeper, and The Animal Husbandry Act , mutatis mutandis, applies. Application of municipal law 5 The Municipal Act and any other Acts applicable to the municipality, where not inconsistent with this Act, apply. Powers of Lieutenant Governor in Council to arrange for rehabilitation and development 6(1) Notwithstanding any other Act, the Lieutenant Governor in Council may do any act or thing contemplated or required to be done under any Act of the Parliament of Canada or the regulations made thereunder, or under any order of the Governor General in Council, to secure the rehabilitation or development of any agricultural area within the province and to develop, for the benefit of agricultural areas within the province, systems of farm practice, tree culture, water control and supply, land utilization, and land settlement, that will afford greater economic security. Specific powers 6(2) Without restricting the generality of subsection (1), the Government of Manitoba, for such purposes, may (a) enter into an agreement or agreements with the Government of Canada and any municipality or either of them; (b) construct, acquire, dispose of, extend, improve, conduct, operate and maintain works and acquire lands therefor; (c) exchange lands with or transfer Crown lands to a municipality or the Crown in right of Canada, with or without consideration; (d) require the owner or occupant of any land to adopt such methods or practices of farming or grazing as the minister may deem necessary to prevent any hazard that might dissipate, nullify, damage, or reduce the benefits of, assistance rendered to farmers through works established and constructed by or with the aid of the Crown. Acquisition of lands 6(3) Lands required for works under clause (2)⁠(b) may be acquired by the government by purchase or expropriation. S.M. 2011, c. 35, s. 25 . Application of Water Rights Act 7 All powers and authority granted to a municipality under this Part are subject to The Water Rights Act . PART II CONTROL OF TILLAGE By-law regulating tillage practices 8(1) A municipality may, by by-law, provide for the regulation and control of tillage practices that, in the opinion of the council, are liable to cause rapid soil deterioration by wind erosion. Area of operation of by-law 8(2) A by-law may apply to the whole of the municipality or any portion designated. Contents of by-law 8(3) The by-law may contain provisions requiring adoption of the practice of strip farming, the growing of cover crops, the providing of trash cover or the spreading of straw or other refuse on cultivated lands, prohibiting the burning of stubble, prohibiting the cutting or requiring the planting of trees, requiring, prohibiting, or governing, tillage operations, and regulating or prohibiting the growing of crops in specified areas. Approval of by-law required 8(4) No by-law has any effect until it is approved by the minister. S.M. 1996, c. 58, s. 458 . Power to make orders 9 The by-law may provide that the reeve or other designated officer of the municipality may make orders for the purpose of giving effect to the by-law requiring the person occupying any land to do the work specified therein. Power of council to do work 10 Where a person against whom an order is made fails to comply therewith, the council may, by its agent, enter upon the land affected by the order and perform the required work; and if the occupant of the land is the owner thereof, the cost of the work done shall be forthwith added to, and form part of, the taxes on the land. Approval of order required 11 No order made under section 9 has any effect until it is approved by the minister or the minister's representative authorized for that purpose by the minister. PART III GENERAL Entry to examine lands 12 For the purpose of obtaining information as to the soil in any area of the province, the minister may authorize any person in writing to enter upon any lands within the area and make an examination thereof. Regulations 13 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law.