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at any time while the taxes were in default that the land was liable to be sold or offered for sale, or was aware at the time of the tax sale that the land was advertised or offered for sale, and no action or proceedings shall be brought or commenced to recover indemnity under this subsection unless it is brought or commenced within one year from the date on which the application is made to register the title of the land in the purchaser.

lands held under

lease or agreement

for sale.

"(15.) Where the fee-simple of the land in respect of which taxes Tax sale of Crown are in arrear is in the Crown, either in the right of the Province or in the right of the Dominion, and the land is held by a lessee or purchaser under lease or agreement for sale from the Crown (which expression in this subsection shall include any Minister of the Crown, board, or corporation holding or having charge of the administration of any land on behalf of the Crown), the preceding provisions of this section shall mutatis mutandis apply; but the land shall be sold subject to the interest of the Crown, and the Collector shall expressly state at the time of sale that the interest of the Crown is prior to all claims and is not affected by the sale. The Crown may accept the tax-sale purchaser as the lessee or purchaser of such land and deal with him to the exclusion of the lessee or purchaser whose interest has been sold, and of every person claiming under him; and, upon the acceptance of the tax-sale purchaser pursuant to this subsection, the Crown shall notify the Trustees accordingly, and, where the lease or agreement for sale has been registered, shall also notify the Registrar of Titles. If the Crown refuses to accept the tax-sale purchaser, or fails to notify the Trustees of its acceptance within six months from the date of sale, the purchaser shall be entitled to rescind the sale and to receive a refund from the improvement district of the amount paid by him, with interest at the rate of eight per centum per annum; and, upon the refund being made, the Collector shall replace upon the Collector's roll as taxes in arrear in respect of the land so sold the amount of the taxes, interest, costs, and expenses, together with the amount of interest paid to the purchaser under this subsection.

by Trustees.

"16. The Trustees may lease, sell, or otherwise dispose of any Disposal of lands land of which the improvement district has been registered as owner under this section in such manner and upon such terms as they see fit, and may apply the proceeds of sale for any purpose for which taxes leviable by the Trustees under this Act may be applied."

43. Sections 258 to 260 of said chapter 271 are repealed.

Repeals ss. 258 to 260.

44. Section 267 of said chapter 271 is amended by striking out Amends s. 267. of the second line of subsection (2) the words "being exercised," and substituting therefor the word "exercisable."

45. Section 272 of said chapter 271 is amended by adding thereto Amends s. 272. the following subsection:-

Repeals s. 276.

Amends s. 281.

Amends s. 282.

Re-enacts s. 290.

"(3.) Where it appears to the Lieutenant-Governor in Council that any improvement district suffers loss of revenue through land in the improvement district having heretofore become exempt or hereafter becoming exempt from being taxed by the improvement district, he may relieve the improvement district of the payment of so much of the sums that would otherwise be payable by the improvement district in respect of its indebtedness to the Conservation Fund as in his opinion the circumstances warrant. Before any such relief is granted the Lieutenant-Governor in Council may require the improvement district to convey to the Crown in the right of the Province any or all lands held by the improvement district which became vested in it through proceedings to enforce the collection of taxes, and it shall be lawful for the improvement district to so convey the lands and for the Minister on behalf of the Crown to accept the same."

46. Section 276 of said chapter 271 is repealed.

47. Section 281 of said chapter 271 is amended by striking out all the words of the section after the word "purposes" in the fifth line.

48. Section 282 of said chapter 271 is amended by adding at the end of subsection (2) thereof the following: "The Chairman may from time to time appoint a member of the Board as Acting-Chairman to preside in the Chairman's absence."

49. Section 290 of said chapter 271 is repealed, and the following is substituted therefor:

"290. (1.) Where it appears to the Lieutenant-Governor in Council advisable, in order to enable any person to investigate the suitability of any stream for any purpose, or in order to make provision for a water-supply for any waterworks, irrigation, or power system or project, or for the use of the Crown for any purpose, he may by Order in Council reserve the whole or any part of the unrecorded water of the stream from being taken or used or acquired under this Act.

"(2.) A notice signed by the Minister giving particulars of the reservation shall be published in four consecutive issues of the Gazette and the reservation shall be registered by the Comptroller.

"(3.) Every reservation made under this section shall apply to water which by reason of the abandonment or cancellation of any licence becomes unrecorded water during the existence of the reservation.

"(4.) The Lieutenant-Governor in Council may in the order making the reservation or in a subsequent order specify that the water reserved may, notwithstanding the reservation, be acquired

under Part II. for the purpose for which it is reserved, or may be acquired for other purposes under interim licences subject to the reservation.

"(5.) The Lieutenant-Governor in Council may at any time cancel any reservation of unrecorded water, and notice of the cancellation, giving the date on which the same is to be effective, which date shall not be earlier than one month after the date of the first publication of the notice in the Gazette, shall be published for four weeks in the Gazette and for the same period in one issue each week of some local newspaper. Applications for the water reserved may be made during the publication of the notice of cancellation, but no such application shall be given a priority earlier than the date on which the cancellation becomes effective."

50. Section 291 of said chapter 271 is amended by striking out Amends s 291. subsection (2) thereof.

51. Section 299 of said chapter 271 is amended by striking out Amends s. 299. subsection (1), and substituting therefor the following:

"299. (1.) Where it appears to the Comptroller that the water of any stream is not being divided in accordance with the rights of the licensees entitled thereto, or is not likely to be so divided unless the division thereof is placed under the control of a disinterested person, the Minister may, on the recommendation of the Comptroller, appoint one or more Water Bailiffs for such periods as he may deem necessary for such stream, or he may appoint one or more Water Bailiffs for two or more streams or for any locality."

52. Section 304 of said chapter 271 is amended by adding thereto Amends s. 304. the following subsection:

"(3.) The payment by any person or acceptance by the Crown of rentals in respect of any licence shall not prevent or delay the cancellation of the licence upon any of the grounds set forth in section 16 or 17, other than that of failure to pay rentals."

53. Section 308 of said chapter 271 is amended by inserting after Amends s. 308. the word "records," in the second and sixth lines respectively, the words " or licences."

54. Section 309 of said chapter 271 is amended by striking out Amends s. 309 subsections (1) and (2), and substituting therefor the following:

"309. (1.) The Board may at any time amend any licence which in its opinion is incomplete, imperfect, irregular, or inconsistent with the provisions of this Act, or in respect of which it appears to the Board that the terms of the licence respecting the duty of water for the land to which the licence is appurtenant and the irrigable area of land are based upon wrong estimates of the said duty of water or area.

Amends s. 310.

Amends s. 311.

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"(2.) No amendment reducing the rights granted under the licence shall be made under this section without giving the licensee thirty days' notice of the proposal to amend the licence, and, in the event of the licensee filing an objection to the proposed amendment, without hearing the objection. No amendment enlarging the rights. granted under the licence shall be made under this section without giving thirty days' notice of the proposal to amend the licence to all licensees whose licences authorize the diversion of water from the same stream and are of later priority than the licence proposed to be amended, and, in the event of any objection being made to the proposed amendment, without hearing the objection."

55. Section 310 of said chapter 271 is amended as follows:(1.) By striking out of the twenty-first line of subsection (1) the words "the physical value of the works," and substituting therefor the words "the value of the works or the company's interest therein." (2.) By striking out of subsection (1) all the words after the word "covenants" in the thirty-first line, and substituting therefor the following: "and may make such order or orders as to the Board appears just and reasonable respecting the extension, enlargement, or improvement of the works, the quantity or quantities of water to be carried or supplied by the company and the times and rates of delivery and the tolls payable to the company, the times of payment, and the discounts to be given or penalties to be imposed to encourage prompt payment. Every such order shall be binding upon the public utility company in respect of whose operations it is made and upon all persons supplied and owners of land supplied or capable of being supplied with water from the works operated by the public utility company, and in so far as the terms of the order are contrary to or inconsistent with the terms of any water agreement made with the public utility company, whether heretofore or hereafter made, the order shall, during the period it is stated to be effective, override the terms of the water agreement. Any order made under this section may be made retrospective to the extent of fixing the tolls payable to the public utility company in respect of the water supplied or service rendered by the company from the beginning of the year in which the order is made."

(3.) By striking out the first line of subsection (4), and substituting therefor the words "(4.) Where the Board."

(4.) By striking out of subsection (4) all the words after the word "than" in the nineteenth line, and substituting therefor the words "as authorized in writing by the Board."

56. Section 311 of said chapter 271 is amended by striking out of the fourth line the words "slide or boom," and substituting therefor the words "pipe or other conduit "; and by striking out of the sixth line the word "ditches," and substituting therefor the word "works."

57. Section 314 of said chapter 271 is amended by adding to sub- Amends s. 314. section (1) thereof the following words: " subject always to compli ance with the provisions of this Act."

58. Section 325 of said chapter 271 is amended by striking out Amends s. 325. of the first line of subsection (1) the words "Any order of the Board may," and substituting therefor the words " In addition to all other remedies available, any order of the Comptroller, the Board, or the District Engineer may."

59. Section 330 of said chapter 271 is amended by adding to sub- Amends s. 330. section (1) the following clause:

"(m.) Being a licensee, constructs, maintains, operates, or uses

any works which are not authorized under his licence or

any works the plans of which are not approved by the
Comptroller."

60. Section 331 of said chapter 271 is amended by striking out Amends s. 331. of the fourth and fifth lines the words "on a complaint laid by the Water Recorder, Engineer, or Comptroller."

61. Section 335 of said chapter 271 is amended by striking out Amends s. 335. subsection (2).

62. Section 338 of said chapter 271 is amended as follows:(1.) By striking out clause (c) of subsection (4), and substituting therefor the following:

"(c.) Before fixing a date for hearing the petition the tribunal of appeal may require the appellant to serve the petition upon any person the tribunal considers interested in the appeal, and may require the appellant to deposit with the tribunal such sum of money as the tribunal considers sufficient to cover the probable expenses of the tribunal in connection with the hearing of the petition. Upon the requirements of the tribunal being complied with, the tribunal shall fix a place and date and time for hearing the petition."

(2.) By adding to clause (f) of subsection (4) the words "including the absolute disposition of the money (if any) deposited with

the tribunal of appeal by the appellant."

Amends s. 338.

63. Schedule E of said chapter 271 is amended by striking out Amends Sch. E. subclause (d) of clause 2 thereof.

licences for use

reserves.

64. (1.) No licence purporting to have been issued in pursuance validation of of the provisions of the "Water Act, 1914," being chapter 81 of the of water on Indian Statutes of British Columbia, 1914; the "Water Act," being chapter 271 of the "Revised Statutes of British Columbia, 1924 "; or the "Indian Water Claims Act," being chapter 19 of the Statutes of

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