An Act to amend the "Sumas Drainage, Dyking, and 1920, c. 87; 1923, Development District Act."

H

[Assented to 19th December, 1925.]

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

c. 66.

1. This Act may be cited as the "Sumas Drainage, Dyking, and short title. Development District Act Amendment Act, 1925."

2. (1.) Section 3 of the "Sumas Drainage, Dyking, and Develop- Amends s. 3. ment District Act," being chapter 87 of the Statutes of 1920, is amended by striking out the words "therein described" in the fifth and sixth lines of subsection (1), and substituting therefor the words "shown on the plan and described in the description deposited therewith, together with the lands referred to in subsection (3)."

(2.) Said section 3 is further amended by adding thereto the following subsection:

"(3.) Those certain lands (including the lands formerly comprising the bed of Sumas Lake) at one time vested in the Crown in the right of the Dominion, and since transferred to the Crown in the right of the Province by Order of the Governor-General in Council referred to in subsection (1) of section 9, shall for all purposes be deemed to be included in the new district, and to have been included therein from the date of the deposit of the plan referred to in subsection (1) of this section."

3. Section 9 of said chapter 87 is repealed, and the following four Re-enacts s. 9. sections are substituted therefor:

fer Crown lands

"9. (1.) The Lieutenant-Governor in Council may grant to the Authority to transCommissioners, and the Commissioners are hereby authorized to to Commissioners. acquire, all those certain lands (including lands formerly comprising the bed of Sumas Lake) at one time vested in the Crown in the right

Conditions of

transfer.

Registration of title.

Repayment of expenditures made by Province.

DISTRICT (AMENDMENT).

of the Dominion, and since transferred to the Crown in the right of the Province by Order of the Governor-General in Council of the sixteenth day of May, 1925, made in pursuance of a certain agreement dated the eighth day of August, 1923, between His Majesty in right of the Dominion, represented therein by the Minister of the Interior of Canada, of the first part, and His Majesty in right of the Province, represented therein by the Minister of Agriculture of the Province, of the second part.

"(2.) As a condition precedent to the issuing of the grant authorized by subsection (1), the Commissioners shall enter into an agreement with the Province, in a form approved by the LieutenantGovernor in Council, for the carrying-out in all respects by the Commissioners of the agreements and covenants on the part of the Province contained in the said agreement of the eighth day of August, 1923, and for the giving of the security referred to in subsection (4). The agreement when so entered into by the Commissioners shall be binding on them according to its terms, and the grant issued thereon shall contain the usual exceptions and reservations contained in grants from the Crown under the 'Land Act,' and may contain such further terms and conditions as the Lieutenant-Governor in Council considers necessary for the carrying. out of the provisions of this Act in respect of the said lands.

"(3.) Upon application for registration accompanied by the grant, and upon payment of such reasonable fees for registration as the Lieutenant-Governor in Council may fix (in lieu of the fees otherwise payable under the Land Registry Act'), the Commissioners shall be registered in the Land Registry Office at New Westminster as the owners of the said lands; and thereupon the same shall be dealt with and disposed of by the Commissioners, subject to the provisions of this Act and of the regulations made under subsection (5).

"(4.) All moneys of the Province expended in the improvement and cultivation of the said lands up to the time of the grant to the Commissioners, with interest thereon from the time of their expenditure, after making due allowance by deducting all sums received by way of income from said lands, shall upon the issue of the grant be deemed to be moneys lawfully loaned to and borrowed by the Commissioners from the Land Settlement Board pursuant to the 'Land Settlement and Development Act' and the principal Act; and the Lieutenant-Governor in Council may prescribe the times and manner of repayment thereof, the rate of interest to be paid thereon, and the form and manner of the security to be given by the Commissioners therefor, and the conditions and manner of the release from the said security from time to time of portions of the said lands disposed of by the Commissioners, which security shall constitute a charge in favour of the Land Settlement Board on the said lands, subject only to the charge thereon created under section 50 of the principal Act.

DISTRICT (AMENDMENT).

borrowed.

"(5.) The Lieutenant-Governor in Council may make regulations, Regulations. which shall be binding on the Commissioners, prescribing the manner in which the said lands shall be improved and the times at and manner in which the said lands shall be disposed of, and providing for the carrying-out in all respects by the Commissioners of the agreements and covenants on the part of the Province contained in the said agreement dated the eighth day of August, 1923. "9A. All moneys of the Province heretofore advanced or expended Security for moneys by or through the Land Settlement Board to pay the cost of the works for the new district, the cost of the maintenance and operation of the works, or the other expenses incurred by the Commissioners in the execution of their duties under this Act or the principal Act, with the interest accrued thereon, shall be deemed to be moneys lawfully loaned to and borrowed by the Commissioners from the Land Settlement Board pursuant to the 'Land Settlement and Development Act' and the principal Act; and the LieutenantGovernor in Council may prescribe the times and manner of repayment thereof, the rate of interest to be paid thereon, and the form and manner of the security to be given by the Commissioners therefor, and the conditions and manner of the release from the said security from time to time of portions of the said lands disposed of by the Commissioners.

and dispose of

"9B. (1.) The Commissioners shall have, subject to the regulations Power to improve made under section 9, power and authority in respect of any lands lands. acquired by them under that section and in respect of any lands forfeited to them from time to time under section 84 of the principal Act:

"(a.) To subdivide, clear, fence, drain, plant, cultivate, and otherwise improve and develop the lands:

"(b.) To erect suitable buildings on the lands:

"(c.) To farm the lands when necessary or desirable, and
generally to do all things incidental to such farming:
"(d.) To build and maintain roads and bridges for the improve-
ment of the lands:

"(e.) To sell, lease, or exchange the lands or any part thereof
on such terms as may be agreed on; and, subject to the
approval of the Lieutenant-Governor in Council, to sell
and dispose of any of the said lands, free from any charge
or taxation, for repayment of the moneys borrowed by the
Commissioners and secured under sections 9 and 9A:
"(f.) To pay all taxes from time to time leviable against all
parcels of the lands remaining undisposed of:

"(g.) To vote, for all purposes of the principal Act, as owners
in respect of all parcels of the lands remaining undisposed

of.

Application of proceeds from disposition of improved lands.

Taxation to meet loss or deficiency.

Continuation of

capital charge and

of lands held by Commissioners.

DISTRICT (AMENDMENT).

"(2.) The Commissioners shall apply the moneys arising out of any sale, lease, or exchange of lands acquired by them under section 9 to the payment of expenses in respect of the lands so acquired incurred for any of the purposes mentioned in subsection (1) of this section, or to the repayment of moneys secured under sections 9 and 9A, as the Commissioners from time to time consider most expedient.

"(3.) Upon the disposition by the Commissioners of any parcel of lands pursuant to this section, if any loss is incurred or any deficiency arises by reason of the proceeds being less than the amount of the expenses incurred and taxes accrued in respect of that parcel, the Commissioners shall cause the amount of the loss or deficiency to be met by the levy of taxes therefor under the principal Act over all the lands in the new district, as for moneys required to meet expenses incurred by the Commissioners in the execution of their duties.

"9c. Where land within the new district is acquired by or becomes taxation in respect forfeited to the Commissioners, no charge on that land which is vested in the Commissioners by section 50 of the principal Act at the time of the acquisition or forfeiture of the land shall be or become merged, extinguished, or void, or in any way affected by reason of such acquisition or forfeiture; but, subject to the terms of any sale made by the Commissioners under clause (e) of subsection (1) of section 9в of this Act, the land shall, both while it is held by the Commissioners and after they have disposed of it, continue subject to the levy of taxes thereon under the principal Act and to the imposition thereon of new or additional assessments and charges under both the principal Act and this Act to the like extent as other lands of the same class in the new district.".

Amends s. 10.

Enacts s. 10A.

Levy of taxes for capital charge.

4. Section 10 of said chapter 87 is amended by adding thereto the following clauses:

"(e.) To borrow from the Land Settlement Board any moneys

required for any of the purposes set out in section 9A or in subsection (1) of section 9B, upon such terms and security as may be prescribed by the Lieutenant-Governor in Council:

"(f.) To perform, carry out, and fulfil everything necessary for the carrying-out and giving effect to the provisions of this Act and of the regulations made under section 9."

5. Said chapter 87 is amended by inserting therein the following as section 10A:

"10A. The powers of the Commissioners to levy taxes shall be subject to and governed by the following provisions:

"(a.) During the period of eight years beginning the first day of January, 1926, no taxes shall be levied to raise moneys

DISTRICT (AMENDMENT).

for repayment of the moneys borrowed by the Commis-
sioners and secured under sections 9 and 9A:

"(b.) During the period of eight years beginning the first day
of January, 1926, the taxes levied on account of interest
on the moneys borrowed shall be computed beginning
with the rate of two per centum per annum for the first
year and continuing with annual increases of one-half of
one per centum per annum, and ending with the rate of
five and one-half per centum per annum for the eighth
year:

"(c.) In addition to the taxes levied under clause (b) of this section, the Commissioners shall levy annually taxes to raise moneys for the purposes set out in clauses (b) and (h) of section 35 of the principal Act:

"(d.) From and after the first day of January, 1934, the Commissioners shall levy taxes in addition to those provided to be levied under clause (c) of this section, (1) to provide interest at the rate of five and one-half per centum per annum on all borrowed moneys then outstanding as to which the levy of taxes is postponed by clause (a), as well as on all accumulated arrears of interest and any deficiency otherwise arising which under this Act or the principal Act the Commissioners are authorized to provide for, and also (2) to provide for the creation of a sinking fund for the redemption of moneys borrowed as aforesaid and accumulated interest thereon at the rate of five and one-half per centum per annum, save such sum as has been hereinbefore provided for and collected by the Commissioners on account thereof, as well as to provide for any deficiency as aforesaid. The annual levy for such purpose shall be such sum as will equal as nearly as may be one per centum of the total of such moneys."

assessment roll.

6. The assessment roll of the Sumas Drainage, Dyking, and validation of Development District prepared by the Engineer, together with the plans of the works and estimate of cost, of which duplicates were deposited in the Land Registry Office at New Westminster on the thirtieth day of December, 1924, pursuant to section 7 of said chapter 87, shall, as amended by the Court of Revision and as may be amended by the Judge on appeal, be absolutely valid and binding on the respective parcels of land comprised in the assessment roll and the respective owners thereof, and on all persons concerned; and the said roll, plans, and estimate shall be deemed respectively to have been prepared and deposited pursuant to and in sufficient compliance in all respects with all the provisions of Statute applicable to the preparation and deposit thereof, and shall not be quashed or