1
Bill 206 Mr. van Dijken
BILL 206
2022
PROHIBITING OWNERSHIP OF AGRICULTURAL LANDS (PENSION PLANS AND TRUST CORPORATIONS) ACT
(Assented to , 2022)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Amends RSA 2000 cA-9 1(1) The Agricultural and Recreational Land Ownership Act is amended by this section. (2) Section 1 is renumbered as section 1(1).
Explanatory Notes 1
Explanatory Notes
Agricultural and Recreational Land Ownership Act 1(1) Amends chapter A-9 of the Revised Statutes of Alberta, 2000. (2) Section 1 presently reads:
1 In this Act,
(a) “controlled land” means land in Alberta but does not include
(i) land of the Crown in right of Alberta,
(ii) land within the boundaries of a city, town, village or summer village, and
(iii) mines and minerals;
(b) “parcel” means an area of land the boundaries of which are
(i) shown on a plan registered or filed in a land titles office, or
(ii) described in the certificate of title to the land, and that has not
been divided into smaller areas by an instrument or plan registered or filed in a land titles office, other than a registered road plan or right of way plan, or by a natural boundary shown on a plan registered in a land titles office.
2
(3) Section 1 is amended as follows:
(a) in subsection (1) by
(i) renumbering clause (a) as clause (a.04),
(ii) adding the following immediately before clause (a.04):
(a.01) “agricultural controlled land” means controlled
land that is agricultural land;
(a.02) “agricultural land” has the same meaning as in the Agricultural Operation Practices Act;
(a.03) “Canada Pension Plan” means the plan established
under the Canada Pension Plan (Canada);
(iii) adding the following immediately after clause (b):
(c) “pension plan” means each of the following plans and includes a person acting on behalf of that plan:
(i) a plan to which the Employment Pension Plans Act
applies in whole or part, including each of the following:
(A) Local Authorities Pension Plan;
(B) Management Employees Pension Plan;
(C) Public Service Management (Closed
Membership) Pension Plan;
(D) Public Service Pension Plan;
(E) Special Forces Pension Plan;
(F) Teachers’ Pension Plans;
(G) Universities Academic Pension Plan;
(ii) Canada Pension Plan;
(iii) any other plan that provides similar benefits to its members as a plan referred to in subclause (i) or (ii);
Explanatory Notes 2
(3) Add definitions.
3
(d) “trust corporation” has the same meaning as in the Loan and Trust Corporations Act.
(b) by adding the following immediately after subsection (1):
(2) Unless a contrary intention appears, a word or expression used in this Act that is used in the Land Titles Act has the same meaning as in that Act.
(4) The following is added immediately after section 1:
Ownership prohibited 1.1(1) A pension plan or trust corporation may not take, acquire or otherwise obtain or hold an interest in agricultural controlled land.
(2) For greater certainty
(a) the Registrar may not register in the register an interest
in agricultural controlled land in the name of a pension plan or trust corporation,
(b) an instrument is invalid to the extent that it purports to
vest an interest in agricultural controlled land in a pension plan or trust corporation, and
(c) nothing in this section is to be read as prohibiting a
pension plan or trust corporation from holding, transferring or otherwise disposing of an interest in agricultural controlled land that it held immediately before the coming into force of this section.
Amends RSA 2000 cL-20
2(1) The Loan and Trust Corporations Act is amended by this section. (2) Section 203 is amended in subsection (1) by striking out “Subject to subsection (3)” and substituting “Subject to subsection (3) and section 1.1 of the Agricultural and Recreational Land Ownership Act”.
Explanatory Notes 3
(4) Ownership prohibited.
Loan and Trust Corporations Act 2(1) Amends chapter L-20 of the Revised Statutes of Alberta, 2000. (2) Section 203(1) presently reads:
203(1) Subject to subsection (3), a provincial corporation may
(a) acquire improved real estate in Canada for the purpose of producing income, and
(b) acquire improved real estate in Canada that is or is to be occupied by
the corporation for its own use.
4
Coming into force 3 This Act comes into force on proclamation.
Explanatory Notes 4
3 Coming into force.
Record of Debate
STAGE DATE MEMBER FROM TO TOTAL CUMULATIVE
TOTAL
2022 (30th, 3rd) Bill 206, Prohibiting Ownership of Agricultural Lands (Pension Plans and Trust Corporations) Act