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Natural Resources Transfer (School Lands) Amendment Act, 1961 (S.C. 1960-61, c. 62)

Act current to 2024-05-01

SCHEDULE BMemorandum of Agreement

Made this thirteenth day of July, 1961

BETWEEN:

The Government of Canada, represented herein by the Honourable Walter Dinsdale, Minister of Northern Affairs and National Resources,

AND:

The Government of the Province of Alberta, represented herein by the Honourable Norman Alfred Willmore, Minister of Lands and Forests.

Whereas paragraph 7 of a Memorandum of Agreement between the Government of Canada and the Government of the Province of Alberta made on the 14th day of December, 1929, (which Memorandum of Agreement is hereinafter referred to as the “original Agreement”) duly approved by the Parliament of Canada and the Legislature of the Province and, upon an address by the Senate and House of Commons of Canada, confirmed and declared to have the force of law by an Act of the parliament of the United Kingdom entitled the British North America Act, 1930, was amended by a Memorandum of Agreement between the Government of Canada and the Government of the Province of Alberta made the 31st day of March, 1951, duly approved by the Parliament of Canada and the Legislature of the Province;

And whereas the said paragraph 7, as amended, provides:

  • “7 The School Lands Fund to be transferred to the Province as aforesaid, and such of the school lands specified in section thirty-seven of the Dominion Lands Act, being chapter one hundred and thirteen of the Revised Statutes of Canada, 1927, as pass to the administration of the Province under the terms hereof, shall be set aside and shall continue to be administered by the Province in accordance, mutatis mutandis, with the provisions of sections thirty-seven to forty of the Dominion Lands Act, for the support of schools organized and carried on therein in accordance with the law of the Province. The Province will, notwithstanding anything in this Agreement, invest money to which this paragraph applies in securities of Canada, or of a Province, or of a municipal corporation, school district or school division in the Province of Alberta, or in securities guaranteed by Canada or a Province, to form a school fund, and will apply the interest arising therefrom, after deducting the cost of management, for the support of schools organized and carried on in accordance with the law of the Province.”

And whereas in and by paragraph 24 of the original Agreement it is provided that the foregoing provisions of the said Agreement may be varied by agreement confirmed by concurrent statutes of the Parliament of Canada and the Legislature of the Province;

And whereas it is considered desirable to vest the Province with full control of the School Lands Fund and the school lands referred to in the said paragraph 7, as amended.

Now, therefore, this Agreement witnesseth as follows:

  • 1 Paragraph 7 of the original Agreement, as amended, is deleted and the following substituted therefor:

    • “7 The School Lands Fund transferred to the Province under the terms hereof, and such of the school lands specified in section 37 of the Dominion Lands Act, chapter 113 of the Revised Statutes of Canada, 1927, as passed to the administration of the Province under the terms hereof, shall be administered or disposed of in such manner as the Province may determine.”

  • 2 This Agreement shall take effect upon being duly approved by the Parliament of Canada and the Legislature of the Province.

In Witness Whereof the Honourable Walter Dinsdale, Minister of Northern Affairs and National Resources, on behalf of the Government of Canada and the Honourable Norman Alfred Willmore, Minister of Lands and Forests, on behalf of the Government of the Province of Alberta, have hereunto set their hands:

Signed on behalf of the Government of Canada by the Honourable Walter Dinsdale, Minister of Northern Affairs and National Resources, in the presence of

(Sgd.) A. B. Miller

(Sgd.) Walt. Dinsdale

Signed on behalf of the Government of the Province of Alberta by the Honourable Norman Alfred Willmore, Minister of Lands and Forests, in the presence of

(Sgd.) Grace A. M. Matheson

(Sgd.) Norman Willmore

 

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