June 4, 1940

LIB

Thomas Alexander Crerar (Minister of Mines and Resources)

Liberal

Mr. CRERAR:

Yes; the mineral wealth passed with the grants prior to 1883. In the time between 1885 and 1887 only the precious minerals were reserved; in other words, coal and oil were not reserved. During that period, of course, lands passed to companies and to individuals who resold, and in those resales there were occasions when the owner reserved the mineral rights, while in other cases the mineral rights passed.

95826-34J

That brings us back to the amendment we propose here; where they did pass, and went along with the land, and such land was later acquired by the soldier settlement board for a soldier, we are attempting to make it clear beyond doubt that we can pass on to him all that we received when the land was purchased.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
Permalink
NAT

Richard Burpee Hanson (Leader of the Official Opposition)

National Government

Mr. HANSON (York-Sunbury):

What has given rise to this legislation? I suppose the minister will answer that the discovery of oil has been responsible.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
Permalink
LIB

Thomas Alexander Crerar (Minister of Mines and Resources)

Liberal

Mr. CRERAR:

That is one reason.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
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NAT

Richard Burpee Hanson (Leader of the Official Opposition)

National Government

Mr. HANSON (York-Sunbury):

Of course that would be a perfectly legitimate answer. But is there not something more than that? Have the soldiers applied for this change? How many applications are there? What is the value of what we are giving them? I would not want to deny a soldier anything; I want to be generous with the soldiers, but I should like to understand what we are doing.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
Permalink
LIB

Thomas Alexander Crerar (Minister of Mines and Resources)

Liberal

Mr. CRERAR:

As I recall, several instances have arisen where soldier settlers desired to dispose of mineral rights. They had thought they had the right to dispose of those rights. Certainly as I read the definition of the term "lands" in the Soldier Settlement Act-and I believe I am supported in this by the law officers of the crown-it was evidently intended that the mineral rights in such case should pass to them.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
Permalink
NAT

Richard Burpee Hanson (Leader of the Official Opposition)

National Government

Mr. HANSON (York-Sunbury):

I should think it would depend on the terms of the conveyance.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
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LIB

Thomas Alexander Crerar (Minister of Mines and Resources)

Liberal

Mr. CRERAR:

Possibly.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
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NAT

Richard Burpee Hanson (Leader of the Official Opposition)

National Government

Mr. HANSON (York-Sunbury):

I would think absolutely.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
Permalink
LIB

Thomas Alexander Crerar (Minister of Mines and Resources)

Liberal

Mr. CRERAR:

There is, however, a doubt in section 57 of the Soldier Settlement Act, where it is expressly stated that "from all sales and grants of land made by the board, all mines and minerals shall be and shall be deemed to have been reserved." According to opinions which have been given to me, there is a conflict between the two sections in the act, and it is now our intention to clear up that difficulty.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
Permalink
CCF

Percy Ellis Wright

Co-operative Commonwealth Federation (C.C.F.)

Mr. WRIGHT:

What would happen to the mineral rights of an original soldier settler who sold his land to another soldier settler, through the operations of the board? ' Would those mineral rights revert to the crown, or would they go to the soldier settler in person? Where would the rights be?

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
Permalink
LIB

Thomas Alexander Crerar (Minister of Mines and Resources)

Liberal

Mr. CRERAR:

If the soldier settler in the first instance acquired the mineral rights, then

Soldier Settlement Act

they would pass on to the next soldier settler. That is the point we desire to make clear in the legislation.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
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CCF

Percy Ellis Wright

Co-operative Commonwealth Federation (C.C.F.)

Mr. WRIGHT:

But in this instance they were crown lands, or school lands, in the original contract.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
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LIB

Thomas Alexander Crerar (Minister of Mines and Resources)

Liberal

Mr. CRERAR:

No, if the first soldier settler to whom the hon. member refers acquired his land direct from the crown, then the mineral rights were not conveyed with it and, of course, do not pass on to anyone else.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
Permalink
CCF

Percy Ellis Wright

Co-operative Commonwealth Federation (C.C.F.)

Mr. WRIGHT:

They would still remain

with the province?

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
Permalink
LIB

Thomas Alexander Crerar (Minister of Mines and Resources)

Liberal

Mr. CRERAR:

Still remain in the crown.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
Permalink
NAT

Alan Cockeram

National Government

Mr. COCKERAM:

From what the minister has said, there are soldiers owning lands who think they also own the mineral rights. I take it that the government has been approached to purchase these mineral rights.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
Permalink
LIB

Thomas Alexander Crerar (Minister of Mines and Resources)

Liberal

Mr. CRERAR:

Does the hon. member

mean "approached by the soldier settler?"

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
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NAT

Alan Cockeram

National Government

Mr. COCKERAM:

No.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
Permalink
LIB

Thomas Alexander Crerar (Minister of Mines and Resources)

Liberal

Mr. CRERAR:

We want to make it clear that we can pass them on to the soldier settler.

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
Permalink
?

Thomas Miller Bell

Mr. COLD WELL:

How many parcels of

land will be affected by this legislation?

Topic:   SOLDIER SETTLEMENT
Subtopic:   DISPOSITION OF MINES AND MINERALS ACQUIRED WITH OR UNDERLYING LANDS
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June 4, 1940