Bill 21 — Third Session, 24Th Legislature, 48 Elizabeth Ii the Legislative Assembly of Alberta Bill 21 Irrigation Districts Act (Legislature 24, Session 3)

L24 S3 896

Alberta — Bills

1999 BILL 21 Third Session, 24th Legislature, 48 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 21 IRRIGATION DISTRICTS ACT MR. STEVENS First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1999 (24th, 3rd) Bill 21, Irrigation Districts Act

Bill 21 Mr. Stevens BILL 21 1999 IRRIGATION DISTRICTS ACT (Assented to , 1999) Table of Contents

Definitions 1 Purpose of Act 2 Crown is bound 3 Delegation 4

Part 1 Irrigation District Powers, Duties and Agreements Powers and Duties Establishment of districts 5 Purposes and powers of a district 6 Commercial activities 7 Mineral rights 8 Expropriation 9 Relocation of irrigation works 10 Transfer of water licence 11 Expansion limit 12 Stoppage of water delivery 13 Irrigation Acres and Agreements Irrigation acres 14 Agreements 15 Annual agreement 16 Terminable agreements 17 Limitations re agreements 18 Household purposes agreements 19 Use of irrigation works agreements 20 Water conveyance agreements 21 Records for household purposes/use of irrigation works/water conveyance agreements 22 Irrigable units 23 Remote delivery agreements 24 1

A lternate parcel irrigation agreements 25 Transfer of irrigation acres 26

Part 2 Governance, Irrigation Districts, Irrigation Council and Irrigation Secretariat Division 1 Irrigation District District Board Board 27 First board 28 Board members 29 Members appointed by district 30 Vacancies 31 Dismissal and replacement of board 32 Eligibility of Board Members

Definitions 33 Pecuniary interest 34 Eligibility 35 Eligibility of bodies corporate 36 Declaration of pecuniary interest 37 Demand for resignation 38 A udit Auditor 39 A uditor’s report 40 Auditor appointed by Minister 41 Access to information by auditors 42 Fiscal year 43 Borrowing by-law 44 A nnual Meeting and Report Annual meeting 45 Annual report to the Minister 46 General Matters Public inspection of documents 47 Public meetings 48 Manager 49 Division 2 Irrigation Council and Irrigation Secretariat Irrigation Council 50 Powers and duties of the Council 51 2

Irrigation Secretariat 52

Part 3 Elections and General Petitions Elections Election 53 Election procedure 54 Returning officer 55 Eligibility to vote 56 Electoral divisions 57 Nomination of candidates 58 Time for filing nominations 59 Insufficient nominations 60 Election by acclamation 61 Prohibited practices 62 Election results 63 Recount 64 Investigation of alleged irregularities 65 General Petitions Who can petition 66 Numbers of petitioners 67 Petition requirements 68 Filing of petition 69 Report on petition 70 Petition meeting 71 Questions to Users By-law for submission of question to users 72

Part 4 Irrigation Districts Formation, A malgamation, Dissolution and Change of Area Time of formation 73 Existing districts 74 Formation, A malgamation and Dissolution of Districts Petition for new districts, dissolution, amalgamation 75 Signatures on petition 76 Requirements of petition 77 Powers of Minister re petition 78 Order granting petition 79 Dissolution of district 80 Dissolution and amalgamation by Minister 81 Correction of errors 82 Registration and publication of order 83 3

Change of District A rea A pplication for change of area of districts 84 A pproval procedures 85 District-owned land 86 Removal by district 87 Registration and publication of notice 88 Effect of change of area 89

Part 5 A ssessment

Definitions 90 A ssessment Roll A ssessment roll of district 91 New assessment roll 92 Contents of assessment roll 93 Land classification standards and assessment criteria 94 A ssessment of land 95 Application to add irrigation acres 96 A pplication to delete irrigation acres 97 Deletion and removal of parcel 98 Maps and plans 99 Effect of change of owner 100 Assessment roll as evidence 101 Validity of assessment 102 Amendment of assessment roll 103 Correction of errors and omissions 104 Assessment notice 105 A ssessment Review Board Board is assessment review board 106 Complaints re assessment roll 107 Notice of hearing by assessment review board 108 List of complaints 109 Absence of complainant 110 Evidence under oath 111 Time limit 112 Decisions of assessment review board and notice 113

Part 6 Fees, Charges, Collection and Enforcement

Definitions 114 Fees A greement fee by-laws 115 Annual agreement fee 116 4

Rates and Charges A doption and contents of operating budget 117 Rate by-law 118 Calculating rates 119 Calculation of charges 120 Minimum amount in lieu of irrigation charge 121 Surcharge 122 Charge on land 123 Time of billing notice 124 Capital assets charge by-law 125 Capital construction charge by-law 126 Priorities 127 Collection of Charges Collector’s roll 128 Effect of entry on collector’s roll 129 Billing notices 130 Discounts 131 Penalty on arrears 132 Entry of and receipt for payment 133 Recovery of Charges Action for arrears 134 Recovery of charges 135 Recovery of charges from purchaser 136 Enforcement Enforcement return 137 A pplication to confirm enforcement return 138 Notice of hearing re enforcement return 139 Payment before adjudication 140 Hearing of enforcement return 141 Effect of registration of adjudication 142 Direction to exclude parcel from adjudication 143 Leasing of land 144 Assessment of parcel owned by district 145 A ssessment for municipal purposes 146 Sale of land by district 147 Sale by public auction 148 Sale of part of parcel 149 Redemption of land before auction 150 Delay in sale by partial payment 151 Land not sold at auction 152 Distribution of proceeds from sale 153 5

Part 7 Seepage Damage

Definitions 154 Notice of seepage claim 155 Hearing by Land Compensation Board 156 Designation of seepage damage area 157 Determination of market value of seepage damage area 158 Appeal 159 Registration of order and effect 160 Seepage Control Plans Application for exemption 161 Notice of application 162 Ministerial exemption 163 Continued exemption 164 Duty to carry out plan 165 Loss of exemption 166

Part 8 Appeals Notice of appeal 167 Notice of hearing 168 Parties 169 Dismissal of appeal 170 Conduct of hearing 171 Council decision 172 Appeal without hearing 173 Mediation 174 Privative clause 175

Part 9 General Regulations and By-laws Regulations 176 By-laws 177 Miscellaneous Judgments against district 178 Negligence claims 179 Protection from liability 180 Giving notice 181 Adverse possession 182 Soil drifting 183 Right to use 184 Extension of time 185 District property exempt from tax 186 Duty to take reasonable care 187 6

Offences 188 Court orders relating to penalty 189 A pplication to Court 190 Exclusion from Public Utilities Board Act 191 Exclusion from Water Act 192

Part 10 Transitional Provisions, Consequential A mendments, Repeals and Coming into Force

Definitions 193 Districts 194 Board of Districts 195 Effect of continuation 196 Members of boards 197 Irrigation Council 198 Orders 199 Seepage agreements 200 Seepage claims exemption continued 201 By-laws 202 A ppointments, resolutions and other decisions 203 Contracts 204 Borrowing and loan guarantees 205 Complaints to continue 206 Appeals to continue 207 Decisions of the court of revision and the Irrigational Appeal Tribunal 208 Assessment roll 209 Collector’s roll 210 A ssessment notice, billing notice 211 Enforcement return 212 Dissolution of Mcleod Irrigation District 213 Consequential amendments 214 Repeal 215 Coming into force 216

Schedule HER MAJESTY, by and with the advice and consent of the Legislative A ssembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “annual agreement” means an annual agreement entered into under

section 16; (b) “annual agreement fee” means an annual agreement fee imposed pursuant to a by-law made under

section 115; 7

(c) “assessment notice” means a notice given under

section 105; (d) “assessment roll” means the assessment roll of a district; (e) “billing notice” means a notice given under

section 130; (f) “board” means a board of directors of a district; (g) “capital charge” means (

i) a capital assets charge imposed against land pursuant to a by-law made under

section 125, or (ii) a capital construction charge imposed against land pursuant to a by-law made under

section 126; (h) “Council” means the Irrigation Council established under

section 50; (i) “Department” means the Department of A griculture, Food and Rural Development; (j) “district” means, as the context requires, (

i) any or all of the districts listed in

section 5, or (ii) the geographical area consisting of the parcels of land included in an existing district or a district formed under this A ct; (k) “elected” means elected as a director at an election of directors under

Part 3; (l) “existing district” means an irrigation district that was formed or was in existence under the Irrigation Act; (m) “expansion limit” means the maximum of the total number of irrigation acres plus acres subject to a terminable agreement in a district as specified in Table 2 of the

Schedule or in a by-law of the district; (n) “first mortgage” means a mortgage or an encumbrance in the form prescribed under the Land Titles Act on land forming part of a district that has been registered in the proper land titles office prior to the formation of the district or the addition of the land to the district and that has priority over all other similar mortgages and encumbrances against the same land; 8

(o) “household” means household as defined in the regulations under the Water Act; (p) “household purposes” means the use of a maximum of 1250 cubic metres of water per year per household for the purposes of human consumption, sanitation, fire prevention and watering animals, gardens, lawns and trees; (q) “household purposes agreement” means an agreement entered into under

section 19(1); (r) “household purposes fee” means a household purposes fee imposed pursuant to a by-law made under

section 115; (s) “irrigable unit” means land in a district consisting of (

i) a quarter section, a part of a quarter

section described in a certificate of title or a surveyed lot, or (ii) land designated as an irrigable unit under

section 23; (t) “irrigation acres” means the acres in a parcel recorded on the assessment roll as “irrigation acres”; (u) “irrigation charge” means a charge against a parcel based on the calculation made under

section 120(1) or a minimum charge referred to under

section 121; (v) “irrigation rate” means the rate imposed per irrigation acre pursuant to a by-law made under

section 118; (w) “irrigation works” means any structure, device, contrivance or thing or any artificial body of water or watercourse used or to be used by a district and includes, without limitation, (

i) any dike, dam, weir, breakwater, drainage works, ditch, basin or reservoir, (ii) any canal, tunnel, bridge, culvert, embankment, headwork, aqueduct, pipe, pump or floodgate, (iii) any contrivance for measuring water, and (iv) any building or fence or other works in any way used in or in relation to the carrying out by a district of its obligations or responsibilities to supply water; (x) “irrigator” means an owner of a parcel with irrigation acres; 9

(y) “land classification standards” and “land assessment criteria” mean the land classification standards and land assessment criteria established under the regulations; (z) “Land Compensation Board” means the Land Compensation Board established under the Expropriation Act; (aa) “local authority” means (

i) the corporation of a city, town, village, summer village, municipal district or specialized municipality, (ii) in the case of an improvement district or special area, the Minister of Municipal A ffairs, (iii) the board of trustees of a district or division as defined in the School Act, and (iv) any other entity defined as a local authority in the regulations for the purposes of this A ct; (bb) “manager” means the manager of a district; (cc) “Minister” means the Minister of Agriculture, Food and Rural Development; (dd) “municipality” means the land within a city, town, village, municipal district, improvement district or special area; (ee) “occupier” means a person in actual occupation of land other than an owner; (ff) “other user” means all users other than irrigators; (gg) “owner”, with respect to land, means (

i) the registered owner of the land, or (ii) the purchaser; (hh) “parcel” means land consisting of a quarter section, a part of a quarter

section described in a certificate of title, a surveyed lot or land designated as an irrigable unit pursuant to

section 23; (ii) “point of delivery” means the point on the irrigation works from which the district delivers and the user receives water; (jj) “predecessor of a board” means, 10

(

i) with reference to the board of the St. Mary River Irrigation District, the manager of the St. Mary and Milk Rivers Development, or (ii) with reference to the board of the Bow River Irrigation District, the manager of the Bow River Development; (kk) “purchaser” means the purchaser of land whose interest as a purchaser is shown on the certificate of title to that land; (ll) “registered owner”, with respect to land, means the person registered in a land titles office as the owner of the fee simple in the land; (mm) “remote delivery agreement” means an agreement entered into under

section 24; (nn) “surcharge” means a surcharge referred to in

section 122; (oo) “surveyed lot” means an unsubdivided unit of land, the boundaries of which are shown on a settlement plan, parcel plan, a plan of survey in respect of an easement or a right of way or any plan of subdivision registered under the Land Titles Act, (pp) “terminable agreement” means an agreement entered into under

section 17; (qq) “terminable agreement charge” means a charge against a parcel based on the calculation made under

section 120(2); (rr) “The I. D. Act" means The Irrigation Districts Act (RSA 1955 cl62); (ss) “use of irrigation works agreement” means an agreement entered into under

section 20; (tt) “use of irrigation works fee” means a use of irrigation works fee imposed pursuant to a by-law made under

section 115; (uu) “user” means any person who receives water, for any purpose, through the irrigation works and includes irrigators, other users and a person who is a party to a use of irrigation works agreement under

section 20 or a water conveyance agreement under

section 21; (vv) “water conveyance agreement” means an agreement entered into under

section 21; 11

(ww) “water conveyance fee” means a water conveyance fee imposed pursuant to a by-law made under

section 115. Purpose of Act 2 The purpose of this Act is to provide for the formation, dissolution and governance of irrigation districts in order that the management and delivery of water in the districts occur in an efficient manner that provides for the needs of the users. Crown is bound 3 Except where this A ct specifically provides to the contrary, the Crown is bound by this Act. Delegation 4(1) The Minister may in writing delegate to any employee of the Department or to the Council any power conferred or duty imposed on the Minister under this Act. (2) Subsection (1) does not apply to the power or duty to make regulations.

PART 1 IRRIGATION DISTRICT POWERS, DUTIES AND AGREEMENTS Powers and Duties Establishment of districts 5 The following corporations are established: (

a) A etna Irrigation District; (

b) Bow River Irrigation District; (

c) Eastern Irrigation District; (

d) Leavitt Irrigation District; (

e) Lethbridge Northern Irrigation District; (

f) Magrath Irrigation District; (

g) Mountain View Irrigation District; (

h) Raymond Irrigation District; (

i) Ross Creek Irrigation District; (

j) St. Mary River Irrigation District; 12

(

k) Taber Irrigation District; (

l) United Irrigation District; (

m) Western Irrigation District. Purposes and powers of a district 6(1) The purpose of each district is (

a) to convey and deliver water through the irrigation works of the district in accordance with this Act, (

b) to divert and use quantities of water in accordance with the terms and conditions of its licence under the Water Act, (

c) to construct, operate and maintain the irrigation works of the district, and (

d) to maintain and promote the economic viability of the district.

(2) To carry out its purposes a district has the capacity and, subject to this Act, the regulations and the by-laws, the rights, powers and privileges of a natural person. Commercial activities 7(1) No district may carry on a commercial activity that requires an investment of an amount that is more than the total amount of irrigation charges paid by the irrigators of the district in the year the investment is proposed unless the board (

a) holds a meeting with the public, and (

b) by resolution authorizes the holding of a plebiscite to obtain the approval of the irrigators.

(2) A board of a district, not less than 30 days before the board intends to consider a resolution referred to in subsection (1)(b), must give public notice of its intention to consider the resolution and the date, time and location of the meeting with the public.

(3) The question that the plebiscite shall determine must be (

a) in accordance with the regulations, and (

b) included in a resolution of the board of the district.

(4) The provisions of

Part 3 governing an election apply to the holding of a plebiscite unless otherwise provided by regulations under this Act. 13

(5) A commercial activity is approved by plebiscite if (

a) more than ⅔ of the irrigators voting vote in favour of the activity, and (

b) those irrigators voting in favour of the activity referred to in clause (

a) are the registered owners of more than ⅔? of the irrigation acres represented by the total votes cast in the plebiscite.

(6) If the irrigators approve a commercial activity, the district must carry on the activity by doing one or more of the following: (

a) by incorporating (

i) a corporation under the Business Corporations Act or the

Canada Business Corporations Act (Canada), or (ii) an association under the Co-operative Associations Act, (

b) by holding shares in or being a member of a corporation or an association referred to in clause (a); (

c) by holding all or any portion of the debt of a corporation or an association referred to in clause (a); (

d) by managing or operating, in whole or in part, a corporation or an association referred to in clause (a)', (

e) by entering into agreements or arrangements with a corporation or an association referred to in clause (a).

(7) Where a corporation or an association referred to in subsection (6)(

a) is eligible to be exempted from (

a) assessment and taxation pursuant to the Municipal Government Act, or (

b) liability to pay a fee imposed under a law of Alberta, that exemption must not apply to that corporation or association if the only reason that exemption would apply to the corporation or association is the fact that the district, directly or indirectly, (

c) owns shares in or is a member of that corporation or association, (

d) holds a debt of that corporation or association, 14

(

e) operates or manages, in whole or in part, that corporation or association, or (

f) owns or has possession or control over the property on which or by which the corporation or association carries on its activity.

(8) Where a district incorporates a corporation or association under subsection (6)(a), another district may carry on the same commercial activity and do one or more of the activities referred to in subsection (6)(

b) to (

e) if that other district obtains (

a) the approval of the irrigators in the manner set out in subsections (1) to (5), and (

b) the consent of the district incorporating the corporation or association. Mineral rights 8 Notwithstanding any return, order, certificate of title or other document conveying or evidencing title, no mines and minerals are acquired or have been acquired at any time on and after December 1, 1925 by a district (

a) by any expropriation or enforcement proceedings under this A ct, the Irrigation Act, The I. D. Act or The Lethbridge Northern Rates Enforcement Act, or (

b) by any other acquisition of land unless the document conveying the land describes the mines and minerals conveyed to the district by that document. Expropriation 9 A district may acquire an estate or interest in land required (

a) for the irrigation works of the district, (

b) for a road to provide access to irrigation works of the district, or (

c) for a road to provide access to land that has become inaccessible by reason of the construction of any irrigation works of the district by expropriation under the Expropriation Act. Relocation of irrigation works 10(1) In this section, “relocate irrigation works” means relocate irrigation works as defined in the regulations. 15

(2) If a district proposes to relocate irrigation works in the district, the district must advertise the proposal to relocate irrigation works in a newspaper having general circulation in the district (

a) setting out the particulars of the relocation, and (

b) stating that any persons wishing to complain must submit a written complaint to the district within 30 days after the date of publication of the notice.

(3) The district must consider all written complaints that are received within the 30-day period referred to in subsection (2)(

b) before giving notice under subsection (4).

(4) If, after considering any written complaints received in the time prescribed in subsection (3), the district decides to proceed with the relocation of irrigation works, the district must give written notice setting out the particulars of the relocation to (

a) the owners of the land where the irrigation works are located, (

b) the owners of the land on which the district proposes to relocate irrigation works, (

c) the owners of land adjoining the land of persons referred to in clauses (

a) and (b), (

d) the owners of land having a common boundary with or a point on each boundary separated only by a road allowance or land held as a right of way for irrigation works or a public highway, railway, pipeline, electrical transmission line or telecommunications line from the land of persons referred to in clauses (

a) and (b), and (

e) the local authority in the district in which the irrigation works are located.

(5) A written notice under subsection (4) must contain a statement of the right to appeal to the Council under

section 167(1)(c). Transfer of water licence 11(1) No district may make an application for a transfer of an allocation of water under a licence pursuant to

section 81 of the Water Act unless the board (

a) holds a meeting with the public, and (

b) by resolution authorizes the holding of a plebiscite to obtain the approval of the irrigators. 16

(2) A board of a district, not less than 30 days before the board intends to consider a resolution referred to in subsection (1)(b), must give public notice of its intention to consider the resolution and the date, time and location of the meeting with the public.

(3) The question that the plebiscite shall determine must be (

a) in accordance with the regulations, and (

b) included in a resolution of the board of the district.

(4) The provisions of

Part 3 governing an election apply to the holding of a plebiscite unless otherwise provided by regulations under this A ct.

(5) An application referred to in subsection (1) is approved by plebiscite if more than 50% of the irrigators voting vote in favour of the application. Expansion limit 12(1) The sum of the irrigation acres plus the acres subject to a terminable agreement in a district must not exceed the expansion limit for that district.

(2) The expansion limit for each district is specified in Table 2 of the Schedule.

(3) Notwithstanding subsection (2), a district may by by-law change the expansion limit.

(4) If a district proposes to make a by-law under subsection (3), the board must (

a) hold a meeting with the public, and (

b) by resolution authorize the holding of a plebiscite to obtain the approval of the irrigators.

(5) A board of a district, not less than 30 days before the board intends to consider a resolution referred to in subsection (4)(b), must give public notice of its intention to consider the resolution and the date, time and location of the meeting with the public.

(6) The question that the plebiscite shall determine must be (

a) in accordance with the regulations, and (

b) included in a resolution of the board of the district. 17

(7) The provisions of

Part 3 governing an election apply to the holding of a plebiscite unless otherwise provided by regulations under this A ct.

(8) The by-law referred to in subsection (3) is approved by plebiscite if more than 50% of the irrigators voting vote in favour of the by-law. Stoppage of water delivery 13(1) A district may stop the delivery of water to a parcel if the district is of the opinion (

a) that any further delivery of water may exceed the amount prescribed by by-law, or (

b) the owner or lessee of the parcel has used or is using the water delivered by the district in a manner that is causing or may cause loss or damage to property or loss or injury to any person.

(2) A district may stop the delivery of water to a parcel subject to an annual agreement or terminable agreement if the district is of the opinion that it may not be able to deliver sufficient water to the irrigation acres of the district or to the irrigation acres in a portion of the district.

(3) If the district stops the delivery of water to a parcel under subsection (2) it must do so in the following order: (

a) first, acres in a parcel subject to an annual agreement; (b) 2nd, acres in a parcel subject to a terminable agreement.

(4) If a district intends to stop the delivery of water under this section, it must provide written notice to the owner or lessee of the parcel at least 24 hours before the delivery of water is stopped. Irrigation Acres and Agreements Irrigation acres 14 Subject to this A ct, an irrigator has the right to receive water for irrigation purposes for irrigation acres until the irrigation acres are removed from the assessment roll in accordance with this Act. Agreements 15 Where the district enters into an agreement for a purpose specified in sections 16, 17, 19, 20 or 21, the district must do so in accordance with that section. 18

Annual agreement 16(1) An owner or lessee of a parcel may apply to the district to enter into an annual agreement.

(2) A n annual agreement authorizes the delivery of water through the irrigation works of the district to that parcel for irrigation purposes.

(3) An annual agreement is subject to the following: (

a) that the parcel that is the subject of the agreement is assessed in accordance with

section 95; (

b) that the lessee of a parcel, if any, obtains the consent of the owner; (

c) that the acres that are the subject of the agreement are added to the assessment roll; (

d) that the agreement expires at the end of the calendar year; (

e) that the acres that are the subject of the agreement are deleted from the assessment roll when the agreement expires. Terminable agreements 17(1) An owner or lessee of a parcel may apply to the district to enter into a terminable agreement with the district.

(2) A terminable agreement authorizes the delivery of water through the irrigation works of the district to the parcel for irrigation purposes.

(3) A terminable agreement is subject to the following: (

a) that the parcel that is the subject of the agreement is assessed in accordance with

section 95; (

b) that the lessee of the parcel, if any, obtains the consent of the owner; (

c) that the acres that are the subject of the agreement are added to the assessment roll; (

d) that the agreement provides that it is terminable at the option of either party on the giving of notice before March 1 in a calendar year; (

e) that the acres that are the subject of the agreement are deleted from the assessment roll when the agreement expires or notice is given in accordance with clause (d). 19

Limitations re agreements 18 Sections 25 and 26 do not apply to acres subject to an annual agreement or a terminable agreement. Household purposes agreements 19(1) A n owner or lessee of a parcel may apply to the district to enter into a household purposes agreement with the district.

(2) A household purposes agreement authorizes the delivery of water through the irrigation works of the district for household purposes.

(3) A household purposes agreement is subject to the following: (

a) that a lessee of a parcel, if any, obtains the consent of the owner; (

b) that the agreement provides that it is terminable at the option of either party on giving at least 60 days’ notice of termination.

(4) Water delivered to a parcel with irrigation acres may be used for household purposes on the same parcel without a household purposes agreement. Use of irrigation works agreements 20(1) In this

section and in

section 21, “person” includes an individual or group of individuals, a partnership, a trust, a body corporate as defined in

section 36(1) or a government.

(2) Any person may enter into a use of irrigation works agreement with a district.

(3) A use of irrigation works agreement authorizes the use of the irrigation works for purposes other than the delivery or removal of water.

(4) If the use of irrigation works agreement is with an owner of a parcel, the parcel must be contiguous to, or have passing through it, (

a) irrigation works of the district, or (

b) a natural water body, watercourse or reservoir fed by water diverted by means of irrigation works of the district.

(5) A use of irrigation works agreement under subsection (4) may include terms and conditions allowing the owner of the parcel to construct works specified in the agreement on the property of the district. 20

(6) If a use of irrigation works agreement is entered into under subsection (4), the manager must direct the Registrar of Land Titles to add a notice to the certificate of title that the parcel is subject to a use of irrigation works agreement. Water conveyance agreements 21(1) A ny person may apply to enter into a water conveyance agreement with the district.

(2) A water conveyance agreement may authorize (

a) the delivery of water to an area for a purpose other than irrigation purposes or household purposes, or (

b) the removal of drainage water, stormwater or wastewater from an area.

(3) If a district refuses to enter into a water conveyance agreement, the district must give written notice to the applicant within 90 days of the application.

(4) If a district fails to give written notice or fails to enter into an agreement within the time prescribed in subsection (3), the district is deemed to have refused to enter into a water conveyance agreement.

(5) A written notice under subsection (3) must contain a statement of the right to appeal to the Council under

section 167(1)(b)(iii).

(6) If a water conveyance agreement is entered into under this section, the district must not deliver or remove water under the agreement until the other party to the agreement has complied with the requirements, if any, of the Water Act, the Environmental Protection and Enhancement Act and the regulations under those Acts. Records for household purposes/use of irrigation works/water conveyance agreements 22(1) When a district enters into a household purposes agreement, a water conveyance agreement or a use of irrigation works agreement, the manager must keep a record of (

a) the household purposes, use of irrigation works or water conveyance fees imposed under the by-laws, and (

b) the name and address of the person liable for the fees in respect of the agreement.

(2) A record made of an agreement under this

section must be maintained separately from the assessment roll and does not form part of the assessment roll. 21

Irrigable unit 23(1) When the registered owners of land consent in writing, the district may by resolution designate as an irrigable unit land in the district consisting of any combination of 2 or more quarter sections, parts of a quarter

section or surveyed lots where the whole or any part of the land contains irrigation acres and is or can be irrigated as a unit from the existing irrigation works of the district if the lands (

a) have a common boundary, (

b) are contiguous at any point along a boundary, or (

c) have a common boundary or a point on each boundary separated only by a road allowance or land held as a right of way for irrigation works or a public highway, railway, pipeline, electrical transmission line or telecommunications line.

(2) The district must file with the Registrar of Land Titles a certified copy of a resolution under subsection (1) designating an irrigable unit.

(3) On the filing of a resolution under subsection (2), the Registrar of Land Titles must endorse on every certificate of title to the land affected by the resolution a notice that the land is designated as or as part of an irrigable unit and that subsections (4), (5) and (6) apply in respect of that land.

(4) On the filing of a resolution under subsection (2), an instrument given by the registered owner or any other person owning any estate or interest in an irrigable unit and purporting to transfer, sell, agree to sell or otherwise deal with a part only of the irrigable unit is not valid or effective until the instrument is consented to by the district and a memorandum of the district’s consent is endorsed on or annexed to the instrument.

(5) The consent of the district under subsection (4) may be made subject to any terms and conditions the district prescribes.

(6) Notwithstanding subsection (4), an instrument given by a registered owner or any other person owning any estate or interest in an irrigable unit that purports to transfer, sell, agree to sell or otherwise deal with only a part of the irrigable unit may do so without the consent of the district to the instrument if the instrument is made in favour of a person who is empowered to expropriate any or part of the land comprising the irrigable unit.

(7) A district may rescind a resolution made under subsection (1) with the consent of the registered owners of the land designated as an irrigable unit by the resolution. 22

(8) If a district rescinds a resolution under subsection (7), the district must notify the Registrar of Land Titles that the parcel is no longer designated as or as part of an irrigable unit.

(9) On receiving a notice under subsection (8), the Registrar of Land Titles must cancel the endorsement on the certificate of title made under subsection (3). Remote delivery agreements 24(1) Where a parcel cannot be served by the existing irrigation works, the owner of the parcel may apply to the district to enter into an agreement with the district to deliver water to a specific point on the existing irrigation works for the purpose of irrigating that parcel.

(2) A n agreement under subsection (1) is subject to the following conditions: (

a) that the parcel is added to the district in accordance with

Part 4; (

b) that the parcel contains irrigation acres; (

c) that the district designates a point on the existing irrigation works as the point of delivery for that parcel; (

d) that the owner acquires and agrees in writing to maintain any right of way or easement necessary to convey water from the designated point of delivery to the parcel.

(3) An agreement under subsection (1) may provide for the sharing of costs to construct and maintain the necessary works to convey water from the designated point of delivery to the parcel.

(4) When an agreement is entered into under subsection (1), the district must file with the Registrar of Land Titles a notice that the parcel is subject to a remote delivery agreement.

(5) On receiving a notice under subsection (4), the Registrar of Land Titles must endorse on the certificate of title to the land affected by the agreement a notice that the land is subject to a remote delivery agreement and that subsection (6) applies in respect of that land.

(6) On the filing of a notice under subsection (4), every instrument given by the owner or any other person owning any estate or interest in the parcel and purporting to transfer, sell, agree to sell or otherwise deal with the parcel is subject to the agreement, and the agreement is binding on all those with an interest in the land and their successors. 23

(7) Where the owner fails to maintain the right of way or easement, the district may, by written notice, direct the owner to comply with the notice in accordance with its terms.

(8) If the owner has not complied with the terms of the notice under subsection (7) within 60 days from the date the notice was sent by the district, the district may cancel the remote delivery agreement.

(9) If the district cancels the agreement under subsection (8), the district must (

a) delete the irrigation acres from the assessment roll, and (

b) notify the Registrar of Land Titles that the parcel is no longer subject to a remote delivery agreement.

(10) On receiving a notice under subsection (9), the Registrar of Land Titles must cancel the endorsement on the certificate of title made under subsection (5). Alternate parcel irrigation agreements 25(1) An irrigator may apply to the district to use water to irrigate an alternate parcel not included on the assessment roll in lieu of using water to irrigate irrigation acres if the irrigator is the owner or lessee of that alternate parcel.

(2) If the irrigator is the lessee of the alternate parcel referred to in subsection (1), the application must include the consent of the owner.

(3) The district must publish in a newspaper that has general circulation in the district a notice of the date by which an application under subsection (1) must be made.

(4) The district may approve an application under subsection (1) and enter into an agreement with the irrigator if (

a) the district is able to deliver water to the alternate parcel, and (

b) the land has been classified in accordance with

section 95(2)(a).

(5) An agreement under this

section is subject to the following conditions: (

a) that the number and legal description of the irrigation acres be specified in the agreement; 24

(

b) that the irrigator not use water for irrigation purposes on the irrigation acres; (

c) that the number of acres irrigated in the alternate parcel not exceed the number of irrigation acres; (

d) that irrigation charges for the irrigation acres continue to apply to those irrigation acres in addition to any other charges that may apply to the parcel with the irrigation acres; (

e) that the term of the agreement commences May 1 and expires on December 31 of the same year.

(6) Charges as defined in

Part 6 that apply to the irrigation acres specified in the agreement are enforceable in accordance with

Part 6.

(7) The manager must keep a record of alternate parcel agreements. Transfer of irrigation acres 26(1) A n irrigator may apply to the district to transfer irrigation acres to another parcel if (

a) the owners of both parcels agree to the transfer, and (

b) the parcels are served by the same district.

(2) The district must publish in a newspaper that has general circulation in the district a notice of the date by which an application under subsection (1) must be made.

(3) The district must give written notice of its decision to approve or refuse an application within 90 days of the date published in accordance with subsection (2).

(4) A written notice under subsection (3) must contain a statement of the right to appeal to the Council under

section 167(1)(b)(ii).

(5) If the district approves an application under subsection (1), the manager (

a) must amend the assessment roll for each parcel accordingly, (

b) must add the parcel receiving the irrigation acres to the district in accordance with

Part 4 if that parcel is not already part of the district, and 25

(

c) may remove the parcel previously containing the irrigation acres from the district if, as a result of the transfer, the parcel contains no irrigation acres.

PART 2 GOVERNANCE, IRRIGATION DISTRICTS, IRRIGATION COUNCIL AND IRRIGATION SECRETARIAT Division 1 Irrigation District District Board Board 27 Every district must have a board. First board 28(1) The Minister must appoint the first board of a district formed under

Part 4 for a term of one year.

(2) The Minister must designate one member of the board as the chair and another member as the vice-chair.

(3) The first board appointed under this

section must hold an election on a date prescribed by a by-law of the district.

(4) A by-law described in subsection (3) must be made within one year of the appointment of the first board under subsection (1).

(5) If the date for the election occurs after the expiry of the term of appointment for the first board, the members of the board appointed under this

section must continue as members until the election is held.

(6) An election under this

section must be conducted in accordance with

Part 3. Board members 29(1) Unless otherwise provided in this A ct, the board of each district must consist of elected members.

(2) The board consists of the number of members fixed by a resolution passed at an annual general meeting of the district.

(3) A resolution passed under subsection (2) is not effective until it is approved by resolution of the board at the first meeting of the board after the annual general meeting.

(4) If no resolution is passed under subsection (2), the board consists of 26

(a) 3 members, if the assessment roll of the district shows 90 000 irrigation acres or less, (b) 5 members, if the assessment roll of the district shows more than 90 000 irrigation acres but less than 200 000 irrigation acres, or (c) 7 members, if the assessment roll of the district shows 200 000 irrigation acres or more.

(5) A resolution approved under subsection (3) or a change in the number of irrigation acres of a district does not affect the right of any elected members of the board to continue as members for the terms for which they were elected.

(6) If the number of members of a board is determined in accordance with subsection (4), the number of members to be elected at the next general election must be determined by the number of irrigation acres as of the January 1 immediately preceding the general election. Members appointed by district 30(1) A board may by resolution appoint additional members who are not irrigators of the district to the board for terms of up to 3 years.

(2) The number of members appointed under subsection (1) must not exceed 50% of the number of elected members of the board.

(3) A member appointed under subsection (1) has voting rights on the board. Vacancies 31(1) The Minister may appoint a person as a member of the board when a vacancy occurs on the board by reason of (

a) the failure to nominate the number of candidates for election equal to or in excess of the number of members to be elected, (

b) the failure to nominate any candidate for an electoral division, when the nomination and election of members are by electoral divisions, (

c) the Minister’s dismissal of a member under

section 32(1)(b), or (

d) the Council declaring the member to be disqualified under

section 38(5). 27

(2) The term of a person appointed under subsection (1) expires at the beginning of the first meeting of the board after the next election in the district.

(3) The Minister may, instead of appointing a person as a member of a board under subsection (1), give directions to the manager to hold an election to elect a member and may appoint a member to hold office until the election is held.

(4) If the office of a member of the board becomes vacant before that member’s term of office expires for any reason other than the reasons described in subsection (1), the remaining members must (

a) give directions to the manager to hold an election to elect a member to the board in which case they may appoint a member to hold office until the election is held, (

b) appoint a person who is eligible under

section 35 or 36 to fill the vacancy for the unexpired term, or (

c) leave the member’s position vacant until the next election. Dismissal and replacement of board 32(1) The Minister may dismiss (

a) the board of a district if the Minister is satisfied that (

i) the district has defaulted on the payment of any of its liabilities, (ii) the board is not complying with this Act, the regulations or the by-laws, or (iii) the actions of the district may prejudice or have prejudiced the interests of the irrigators or the creditors of the district, or (

b) one or more members of the board if the Minister is satisfied, after reviewing a recommendation of the Council under

section 65(4)(b), that (

i) the election was irregularly or improperly conducted, or (ii) corrupt practices prevailed at the election which materially affected the result of the election.

(2) If 28

(

a) a board is dismissed under subsection (1), the Minister must (

i) appoint a new board, or (ii) direct that an election be held in accordance with

Part 3 to elect a new board and appoint an official administrator in place of the board until the election is held, and (

b) a member of the board is dismissed under subsection (1)(b), the Minister must exercise the Minister’s powers under

section 31(1)(

c) or (3).

(3) A board appointed under subsection (2)(a)(

i) is appointed for a term of one year and must be replaced by a board consisting of elected members in accordance with

section 29.

(4) If the Minister appoints a person under

section 31(1), the appointment expires at the beginning of the first meeting of the board after the next election in the district. Eligibility of Board Members

Definitions 33 For the purposes of sections 34 and 35, (a) “corporation”, “director”, “distributing corporation”, “officer”, “shareholder”, “voting rights” and “voting shares” have the meanings given to them in the Business Corporations Act; (b) “member of the board’s family” means the member’s spouse, the member’s children, the parents of the member and the parents of the member’s spouse; (c) “spouse” (

i) includes a party to a relationship between a man and a woman who are living together on a bona fide domestic basis, and (ii) does not include a spouse who is living apart from the other spouse if the spouses have separated pursuant to a written separation agreement or if their support obligations and family property have been dealt with by a court order. 29

Pecuniary interest 34(1) A member of a board has a pecuniary interest in a matter if (

a) the matter could monetarily affect the member or an employer of the member, or (

b) the member knows or should know that the matter could monetarily affect a member of the board’s family.

(2) For the purposes of subsection (1), a person is monetarily affected by a matter if the matter monetarily affects (

a) the person directly, (

b) a corporation, other than a distributing corporation, in which the person is a shareholder, director or officer, (

c) a distributing corporation in which the person beneficially owns voting shares carrying at least 10% of the voting rights attached to the voting shares of the corporation or of which the person is a director or officer, or (

d) a partnership or firm of which the person is a member. Eligibility 35(1) A person is eligible to become or to remain as a member of the board of a district if that person (

a) is 18 years of age or older, (

b) is an irrigator, except for a member appointed by the district under

section 30, (

c) is an irrigator with irrigation acres in the electoral division if the election of directors is to be or was by electoral division, and (

d) is a Canadian citizen or a permanent resident within the meaning of the Immigration Act (Canada).

(2) A person is not eligible to become a member of the board of a district if that person (

a) is an employee of the district, (

b) is indebted to the district for any amount shown in the collector’s roll for more than one calendar year immediately preceding the date of the election, (

c) is a party to a subsisting contract with the district under which money of the district is payable or may become payable for any work, service, matter or thing, or 30

(

d) has a pecuniary interest, direct or indirect, in any subsisting contract with the district under which money of the district is payable or may become payable for any work, service, matter or thing.

(3) A person is not eligible to remain as a member of a board of a district if that person (

a) becomes an employee of the district, (

b) becomes indebted to the district for more than one year while a member of the board, (

c) makes use of specific information gained through that person’s position as a member of a board that is not available to the public generally to make a personal profit either directly or indirectly, or (

d) misses 3 consecutive meetings of the board without being authorized by resolution of the board to do so. (4) Subsection (2) does not prevent a person from becoming a member of the board of a district by reason only that that person (

a) is a shareholder in a corporation that has a contract with the district (

i) unless that person or that person together with that person’s spouse, parents, children, brothers and sisters holds more than 25% of the issued capital stock of the corporation, or (ii) unless the contract is for the building, construction or repair of the irrigation works of the district, (

b) purchases or leases land from the district, (

c) leases or sells to the district land or an interest in land that the district is empowered to expropriate, (

d) enters into an agreement under

Part 1, (

e) sells goods or services to the district or to persons contracting with the district at competitive prices as a dealer in those goods or services incidental to and in the ordinary course of that person’s business, or (

f) receives payment pursuant to a by-law under

section 177(1)(e). 31

Eligibility of bodies corporate 36(1) For the purpose of this section, “body corporate” means a body incorporated or registered under

an Act of the Legislature or of the Parliament of Canada.

(2) An officer or director of a body corporate is eligible to become or remain a member of the board of a district if the officer or director meets the conditions set out in

section 35(1), (2) and (3) and the body corporate meets the requirements set out in subsection (3) .

(3) The body corporate must (

a) consent in writing to the nomination or election of the officer or director, (

b) not be indebted to the district for any amount shown on the collector’s roll for more than one calendar year immediately preceding the date of the election, (

c) be an irrigator of the district, (

d) be authorized to carry on business in A lberta, (

e) be an irrigator with irrigation acres in the electoral division if the election of directors is to be or was by electoral division, (

f) be a body corporate in good standing under the Act under which the body corporate was incorporated or registered, and (

g) not have (

i) commenced liquidation and dissolution proceedings, or (ii) been dissolved. Declaration of pecuniary interest 37(1) When a member of the board of a district has a pecuniary interest in a matter before the board, the member must, if present, (

a) disclose the general nature of the pecuniary interest prior to any discussion of the matter, (

b) abstain from voting on any question relating to the matter, (

c) subject to subsection (2), abstain from any discussion of the matter, and 32

(

d) subject to subsection (2), leave the room in which the board meeting is being held until discussion and voting on the matter are concluded.

(2) If the matter with respect to which the member of the board has a pecuniary interest is a question on which, under this A ct or another enactment, the member as an irrigator has a right to be heard by the board, (

a) it is not necessary for the member to leave the room, and (

b) the member may exercise a right to be heard in the same manner as an irrigator who is not a member of the board.

(3) If a member of the board is temporarily absent from a meeting when a matter in which the member has a pecuniary interest arises, the member must immediately on returning to the meeting, or as soon as the member becomes aware that the matter has been considered, disclose the general nature of the member’s interest in the matter.

(4) The abstention of a member under subsection (1) and the disclosure of a member’s interest under subsection (1) or (3) must be recorded in the minutes of the meeting. Demand for resignation 38(1) When a majority of the board has reasonable grounds to believe that a member of the board is not qualified to remain as a member by reason of anything in this Act, it may pass a resolution stating the grounds for the disqualification and demanding the resignation of the member concerned.

(2) If the member of the board concerned does not resign or refuses to resign, the board must make an application to the Council within 30 days of the date on which the resolution was passed for a declaration that the member was not or has ceased to be qualified to remain as a member.

(3) A ny 2 irrigators of a district may apply to the Council for a declaration that a member of the board was not or has ceased to be qualified to remain as a member.

(4) An application under subsection (3) must be accompanied by a solemn declaration (

a) stating the names and addresses of the applicants, and (

b) stating the grounds for the disqualification.

(5) On hearing the application in accordance with

section 171, the Council may 33

(

a) declare the member of the board to be disqualified, or (

b) refuse to make a declaration under clause (a).

(6) If the Council makes a declaration under subsection (5)(a), the member’s seat on the board becomes vacant.

(7) If the Council refuses to make a declaration under subsection (5)(b), the member of the board may complete the unexpired portion of that member’s term of office.

(8) A person is not eligible to be elected or to remain as a member of the same board until the expiry of 5 years after the date on which that member resigned or was declared disqualified under this section. Audit Auditor 39(1) A district must appoint an auditor for the district.

(2) An audit must be conducted by a chartered accountant under the Chartered Accountants Act, a certified general accountant under the Certified General Accountants Act or a certified management accountant under the Certified Management Accountants Act.

(3) No person is eligible to be appointed or to remain as an auditor of a district if that person (

a) is a member of the board or an employee of the district, or (

b) has a pecuniary interest in a contract with the district within the meaning of

section 34. Auditor’s report 40(1) An audit of the annual financial statements must be in accordance with the form and the reporting standards for local governments recommended from time to time by the Canadian Institute of Chartered Accountants.

(2) The auditor conducting an audit must report separately to the board of the district all improper or unauthorized transactions or non-compliance with this or another enactment or a by-law that is noted during the course of the audit and must send a copy of any such report to the Council.

(3) Each district must submit a copy of its financial statements and a copy of the report of the audit to the Council within 4 months after the close of the district’s fiscal year. 34

(4) In addition to the requirements of this section, the audit must include any additional forms, schedules or information requested by the Council. Auditor appointed by Minister 41(1) The Minister may appoint one or more auditors to audit the books and records of a district if the Minister considers the audit to be needed or (

a) on request of the board of the district, (

b) on request of not fewer than of the members of the board of the district, or (

c) on receiving a petition that meets the requirements for a petition under sections 66 to 70 from the irrigators of the district requesting the appointment of an auditor.

(2) The district is liable to the Minister for the costs of an audit under this section.

(3) The auditor must submit the auditor’s report to (

a) the Minister, (

b) the Council, and (

c) the district. Access to information by auditors 42(1) An auditor appointed under this Act must have access to the books and records of the district at all reasonable times and for any purpose related to an audit.

(2) A member of the board, the manager, an employee or agent of, or a consultant to, the district must give the auditor any information, reports or explanations the auditor considers necessary.

(3) A n auditor who receives information from a person whose right to disclose that information is restricted by law holds that information under the same restrictions respecting disclosure that govern the person from whom the information is obtained. Fiscal year 43 Unless otherwise provided by by-law, the fiscal year of a district is the calendar year. 35

Borrowing by-law 44(1) A district may borrow money if the borrowing is authorized by by-law.

(2) No district may borrow money if the borrowing causes the district to exceed its debt limit as determined by the regulations unless the by-law is approved by the Minister. Annual Meeting and Report Annual meeting 45(1) The district must hold an annual meeting of the irrigators.

(2) The manager must at least 10 clear days before the date fixed for the meeting (

a) send a notice of the meeting to each irrigator of the district, and (

b) have a notice of the meeting in the form prescribed in the regulations published in a newspaper of general circulation in the district.

(3) The following reports must be presented at the annual meeting of the irrigators: (

a) the report of the chair on behalf of the board; (

b) the report of the manager; (

c) the report of the auditor of the district; (

d) an annual maintenance of irrigation works report for the district.

(4) The annual meeting of the irrigators is open to the public. Annual report to the Minister 46(1) Each district must prepare and submit an annual report to the Minister containing the following: (

a) an annual financial statement for the district; (

b) an annual financial statement for each commercial activity under

section 7 carried on by the district; (

c) a

summary of activities undertaken respecting the seepage control plan filed by the district; (

d) a list of all parcels added to or removed from the district in that year. 36

(2) An annual report prepared under subsection (1) must be available for review by any person during normal business hours of the office of the district. General Matters Public inspection of documents 47 The following must be available for inspection by any person during normal business hours of the office of the district: (

a) the assessment roll, the collector’s roll and enforcement returns; (

b) the current list or description of all parcels included in the district; (

c) the audited financial statements; (

d) agreements under this A ct between the district and any other person; (

e) a copy of the seepage control plan; (

f) minutes of board meetings adopted by the board; (

g) documents used in any election of directors or vote on a question submitted to the irrigators, other than marked ballots or other material deposited in a ballot box; (

h) any other document or class of documents designated by the district. Public meetings 48 The meetings of a district must be open to the public unless the board holds the meeting or part of the meeting in private because (

a) of probable prejudice to any member of the board or user, or (

b) the desirability of disclosure of confidential information respecting a member of the board or user outweighs having the meeting open to the public. Manager 49(1) A district (

a) must appoint a person as the manager of the district, and 37

(

b) may appoint a person as an acting manager of the district to act in the manager’s place in the event of the manager’s absence or inability to act.

(2) The manager may, with the consent of the board, delegate any of the manager’s duties under this A ct to another officer or employee of the district. Division 2 Irrigation Council and Irrigation Secretariat Irrigation Council 50(1) There is hereby established an Irrigation Council consisting of not more than 7 members appointed by the Minister.

(2) A person appointed as a member of the Council (

a) holds office for a term not exceeding 3 years as prescribed in the appointment, and (

b) continues to hold office after the expiry of the term of the appointment until that member is reappointed, a successor is appointed or a period of 3 months has expired, whichever first occurs.

(3) A member of the Council is eligible for reappointment.

(4) The Minister must (

a) designate one of the members of the Council as chair, and (

b) fix the remuneration to be paid to members who are not employees of the Government.

(5) The Council must appoint one of the members of the Council as vice-chair.

(6) A majority of the members of the Council constitutes a quorum of the Council for the purpose of exercising its powers and performing its duties.

(7) If the chair is absent from a meeting, the vice-chair must act as chair of the meeting.

(8) If the chair and vice-chair are both absent from a meeting, the members of the Council present at the meeting must designate a member present to be the chair for that meeting.

(9) An order, direction, approval or other instrument that the Council is permitted or required to make may be signed on its 38

behalf by the chair, the vice-chair or any other member of the board authorized by Council.

(10) An order, direction, approval or other instrument purporting to be signed by the chair, the vice-chair or a member of the Council on behalf of the Council must be admitted in evidence as prima facie proof (

a) that the order, direction, approval or other instrument is the act of the Council or of a quorum of the Council, and (

b) that the person signing it was authorized to do so, without proof of the signature or official character of the person signing the order, direction, approval or other instrument.

(11) The Minister may provide administrative and other support services to the Council. Powers and duties of the Council 51(1) The Council (

a) may make recommendations to the Minister respecting any matter under this A ct, (

b) may monitor the operation and financial performance of a district, (

c) must conduct a hearing with respect to a petition when required to do so under

Part 4, (

d) must hear applications under

section 38(2) or (3), (

e) must hear the appeal of any matter appealed to the Council under

Part 8, and (

f) must grant an approval to a district before the district may make an expenditure of money under a cost-sharing agreement between the district and the Government of Alberta.

(2) The Council has, in addition to the powers conferred and duties imposed on it by this or any other Act, the powers conferred and duties imposed on it by the Minister.

(3) The Council has the right of access to all records, books, documents and accounts of each district and may require a district to supply it with any information relevant to the business and affairs of the district. 39

Irrigation Secretariat 52(1) There is established an Irrigation Secretariat consisting of one or more employees of the Department designated by the Minister.

(2) The Irrigation Secretariat must carry out the functions and duties assigned by the Council under the direction of the Council.

(3) The chief officer of the Irrigation Secretariat must (

a) act as secretary to the Council, and (

b) keep and maintain minutes of Council meetings.

(4) The Irrigation Secretariat is responsible for (

a) liaising and communicating with the Council, districts, committees and boards and other persons and organizations dealing with matters relating to irrigation districts; (

b) advising and preparing recommendations respecting irrigation matters for the Council; (

c) maintaining and compiling records, statistics and data for the Council; (

d) preparing, publishing and circulating information and material pertaining to irrigation districts; (

e) assisting and advising the districts on administrative procedures; (

f) forwarding notices of change of area to the Registrar of Land Titles; (

g) performing any other work assigned to it by the Council or the Minister.

(5) The chief officer of the Irrigation Secretariat may delegate any of the duties of chief officer under subsection (3) to another officer or employee of the Irrigation Secretariat.

PART 3 ELECTIONS AND GENERAL PETITIONS Elections Election 53(1) On a date prescribed by a by-law of the district, an election must be held in each district to elect the number of members to the board of the district as required by

section 29. 40

(2) A by-law of the district under subsection (1) must (

a) set the date of the election to be held prior to June 1 of that year, and (

b) be passed at least 3 months before the election.

(3) The district may have a system of elections to elect (

a) a full slate of directors every 3 years, or (

b) a partial slate of directors annually. Election procedure 54(1) Members must be elected to the board of a district in accordance with this A ct, the Local Authorities Election Act and the regulations under that A ct.

(2) If there is an inconsistency between this A ct and the Local Authorities Election Act or the regulations under that Act, this A ct prevails.

(3) If the Local Authorities Election Act, the regulations under that A ct, or this Act cannot be applied to an election under this Act, the Minister may make regulations governing the matter. Returning officer 55 The manager or acting manager of the district must be the returning officer for an election of the district. Eligibility to vote 56(1) For the purpose of this section, (a) “body corporate” means a body corporate as defined in

section 36(1); (b) “parcel” means land consisting of a quarter section, a part of a quarter

section described in a certificate of title or a surveyed lot.

(2) A person is eligible to vote at an election of the district only if that person is (

a) an irrigator recorded on the most recent assessment roll of the district as an irrigator of that district, or (

b) appointed under a written authorization as an agent for a body corporate that is an irrigator of the district to vote on behalf of the body corporate.

(3) An irrigator may cast only one vote at an election. 41

(4) Notwithstanding subsection (3), an irrigator may also cast a vote on behalf of a body corporate if that irrigator is appointed as an agent for the body corporate in accordance with subsection (2)(b).

(5) Where more than one irrigator is the owner of one or more parcels, the number of irrigators who may vote may not exceed the number of parcels.

(6) An irrigator may vote in any voting subdivision of the district or electoral division, as the case may be, if (

a) the irrigator’s name appears on the list of electors for the district or electoral division, or (

b) that irrigator makes a statement in the form prescribed in the regulations in the presence of an officer at the voting station that the irrigator is eligible to vote as an elector in the district or electoral division. Electoral divisions 57(1) A district may pass a by-law providing for (

a) the division of the district into electoral divisions, (

b) a description of the boundaries of each electoral division, (

c) the nomination of candidates by electoral divisions, (

d) the notice of election to state (

i) that the nomination of candidates is by electoral divisions, and (ii) the boundaries of the electoral divisions, and (

e) the election of members of the board (

i) by vote of the irrigators who meet the requirements of subsection (3) to vote in the respective electoral divisions, or (ii) by vote of the irrigators of the whole district.

(2) If a district does not pass a by-law under subsection (1), the election is to be by vote of the irrigators of the whole district.

(3) If a by-law under subsection (1) provides for an election by electoral divisions, an irrigator must vote in the electoral division 42

in which that irrigator has irrigation acres, or if that irrigator has irrigation acres in more than one electoral division, the division in which the irrigator has the largest number of irrigation acres.

(4) A member elected to a board in an electoral division is a member elected for the whole district and may exercise the powers and duties of a member of the board in respect of the whole district. Nomination of candidates 58 Nominations of candidates for election must (

a) be signed by at least 2 irrigators of the district, (

b) contain a signed statement by the candidate consenting to the nomination, and (

c) specify the electoral division for which the candidate is nominated if the nomination of candidates is by electoral divisions. Time for filing nominations 59 The right to file nominations with the returning officer expires at 4 p.m. 14 days before the date of the election. Insufficient nominations 60(1) Notwithstanding

section 59, if insufficient nominations have been received at the time the right to file nominations expires, the returning officer may continue to receive nominations in accordance with

section 31 of the Local Authorities Election Act unless a by-law of the district provides otherwise.

(2) If sufficient nominations to fill all vacancies are not received, the Minister may appoint a person as a member of the board under

section 31(1)(

a) or (b). Election by acclamation 61(1) If the nomination of candidates is not required to be by electoral divisions and the number of persons nominated for the board does not exceed the number of directors required to be elected, the returning officer must declare the persons nominated to be elected as members of the board immediately after the time for receiving nominations has expired.

(2) If the nomination of candidates is not required to be by electoral divisions and the number of candidates exceeds the number of vacancies, there must be an election.

(3) If the nomination of candidates is required to be by electoral divisions and only one person is nominated for any electoral division, the returning officer must declare the person nominated to 43

be elected as director immediately after the time for receiving nominations has expired.

(4) If 2 or more candidates are nominated for an electoral division there must be an election.

(5) When a returning officer declares a person elected as a member of the board under this section, the returning officer must make a written report of the fact to the district and to the Council. Prohibited practices 62(1) No person shall (

a) without authority supply a ballot to any person, (

b) fraudulently put into a ballot box any paper other than a ballot that the person is authorized under the by-laws to use, (

c) fraudulently take a ballot out of the voting station, (

d) without authority destroy, take, open or otherwise interfere with any ballot box or packet of ballots, (

e) request a ballot in the name of some other person, whether the name is that of a person living or dead or of a fictitious person, (

f) having voted once, request a ballot in that person’s own name at the same election, or (

g) attempt to make any other person who has already voted at an election apply for a ballot or vote again at the same election.

(2) No person shall vote at an election knowing that the person has no right to do so.

(3) No person shall make or sign a false statement or oath for any purpose respecting any election or vote under this Act.

(4) No person shall print or distribute or cause to be printed or distributed in any advertisement, handbill, placard, poster, circular, pamphlet, newspaper or other paper a form of ballot printed by the returning officer, indicating or showing it to be marked for any candidate or candidates.

(5) Notwithstanding anything in this section, the returning officer may at any time after the time for filing nominations has expired cause a facsimile of the ballot for “member of a district board” to be published as often as the returning officer considers necessary 44

in a newspaper of general circulation in the area, for the information of the electors. Election results 63 The returning officer must (

a) post the results of the election in a conspicuous place showing the total number of votes for each candidate, and (

b) forward the results of the election to the Council. Recount 64(1) The Council may order a recount and give directions for the conduct of the recount if at any time within 5 days after the date of the transmission of the results of the election to the Council a statutory declaration is made by any person to the returning officer that satisfies the returning officer that (

a) a deputy returning officer or other officer in counting the votes cast at the election has improperly counted or rejected any ballots, and (

b) that person’s action has materially affected the results of the election.

(2) The returning officer must immediately forward the statutory declaration under subsection (1) to the Council. Investigation of alleged irregularities 65(1) The Council may make, or appoint one or more persons to make, an inquiry if within 2 weeks after the election any 2 persons who were entitled to vote at the election file a statutory declaration with the Council that satisfies the Council (

a) that the election was irregularly or improperly conducted, or (

b) that corrupt practices prevailed at the election that materially affected the result of the election.

(2) A person or persons appointed under subsection (1) must report any findings to the district and the Council and may make recommendations to the Council.

(3) A person or persons appointed under subsection (1) have the powers of a commissioner appointed under the Public Inquiries Act.

(4) On reviewing a report and any recommendations resulting from an inquiry that relates to an election, the Council must either 45

(

a) confirm the election of all members of the board previously declared elected, or (

b) recommend that the Minister dismiss any or all of the members of the board previously declared elected. General Petitions Who can petition 66 Only irrigators of a district are eligible to be petitioners. Numbers of petitioners 67 A petition must be signed by at least 10% of the irrigators of a district. Petition requirements 68(1) A petition must consist of one or more pages, each of which must contain an identical statement of the purpose of the petition.

(2) The petition must include, for each petitioner, (

a) the printed surname and printed given names or initials of the petitioner, (

b) the petitioner’s signature, (

c) the legal description of the land in the district of which the petitioner is the owner, and (

d) the date on which the petitioner signs the petition.

(3) An adult person must take an affidavit that to the best of the person’s knowledge the signatures on the petition are those of persons entitled to sign the petition.

(4) The petition must have attached to it a signed statement of a person stating that (

a) the person is the representative of the petitioners, and (

b) the district may direct any inquiries about the petition to the representative. Filing of petition 69(1) A petition must be filed with the manager of the district and the manager is responsible for determining if the petition is sufficient.

(2) No name may be added to or removed from a petition after it has been filed with the manager of the district. 46

(3) In counting the number of petitioners on a petition, there must be excluded the name of a person (

a) whose signature appears on a page of the petition that does not have the same purpose statement that is contained on all the other pages of the petition, (

b) whose printed name is not included or is incorrect, (

c) whose legal description of land in the district is not included or is incorrect, (

d) who is not recorded on the most recent assessment roll of the district as an irrigator of that district, or (

e) who signed the petition more than 60 days before the date on which the petition was filed with the manager of the district. Report on petition 70(1) Within 30 days of the date on which a petition is filed, the manager of the district must make a declaration to the board on whether the petition is sufficient or insufficient.

(2) If the petition is not sufficient, the board is not required to take any notice of it. Petition meeting 71(1) If the district receives a sufficient petition and the petition requests that the district call a meeting, the district must hold a meeting with the public to discuss the matters stated in the petition no later than 30 days after the manager declares the petition to be sufficient.

(2) Where the district proposes to hold a meeting under subsection (1), the manager must provide notice of the meeting by publishing the date, time and place of the meeting and the matters to be discussed at the meeting in a newspaper of general circulation in the district at least 7 days prior to the date of the meeting.

(3) A fter holding a meeting with the public, the district is not bound to do or to abstain from doing any act or thing. Questions to Users By-law for submission of question to users 72(1) A district may pass a by-law allowing the district to submit a question to the irrigators or other users of a district for the purpose of obtaining an expression of the opinion of the irrigators or other users respecting any matter within the jurisdiction of the district. 47

(2) The vote on a question submitted to the irrigators or other users must be by a vote by mail in the manner set out in the by-laws.

(3) The manager is the returning officer unless the by-law otherwise provides.

(4) The returning officer must (

a) notify the district of the results of the vote by mail, and (

b) publish the results in a newspaper of general circulation in the district.

(5) The district is not bound by the results of a vote on a question under this

section to do or to abstain from doing any act or thing.

PART 4 IRRIGATION DISTRICTS FORMATION, AMALGAMATION, DISSOLUTION AND CHANGE OF AREA Formation, Amalgamation and Dissolution of Districts Time of formation 73 For the purposes of

section 1(n), the time of the formation of the district must be construed, with reference to existing districts, as (

a) the effective date of the order under The I. D. Act or its predecessors for the formation of the district, in the case of a district formed under that A ct or its predecessors, (

b) April 23, 1935, in the case of the Eastern Irrigation District, (

c) March 24, 1944, in the case of the Western Irrigation District, (

d) April 5, 1950, in the case of the St. Mary River Irrigation District, and (

e) April 6, 1955, in the case of the Bow River Irrigation District. 48

Existing districts 74 Except as otherwise provided in this Act, this A ct applies to every existing district in every respect to the same extent as if the district were formed under this Act. Petition for new districts, dissolution, amalgamation 75 An application by petition to the Minister must be made (

a) for the formation of any part of A lberta not included in a district into an irrigation district, (

b) for the dissolution of a district, or (

c) for the amalgamation of 2 or more districts. Signatures on petition 76(1) A petition under

section 75(

a) must be signed by or on behalf of persons who are registered owners of more than 75% of the land and who make up more than 50% of the total number of registered owners of the land to be included in the district to be formed.

(2) A petition under

section 75(

b) or (

c) must be signed by a majority of directors of the board of each of the districts to be dissolved or amalgamated, as the case may be.

(3) A petition for the dissolution of a district or the amalgamation of 2 or more districts is valid only if (

a) a question respecting the proposed dissolution or amalgamation has been submitted to the electors of each district to be dissolved or amalgamated, as the case may be, in the manner set out in

section 72, and (

b) the majority of the electors voting on the question in each district have voted in favour of the proposed dissolution or amalgamation, as the case may be. Requirements of petition 77 A petition under

section 75 must (

a) state briefly at the top of each page the purpose for which the petition is made and the reason or reasons for making it, (

b) be accompanied by evidence that the stated purpose under clause (

a) is feasible, (

c) in the case of a petition for the formation of a district, list the parcels to be included and their respective registered owners, 49

(

d) in the case of a petition for amalgamation or dissolution, name the district or districts to which the petition relates, (

e) be in the form prescribed in the regulations, (

f) be accompanied by one or more statutory declarations in the form prescribed in the regulations, and (

g) set out in its body the name of an agent and the address to which all information may be sent on behalf of all the petitioners. Powers of Minister re petition 78(1) When a petition is made to the Minister under

section 75, the petition must be accompanied by proof that the petitioners have, at least 21 days prior to the date the petition is submitted to the Minister, published in a newspaper of general circulation in the district a notice in the form prescribed by the regulations (

a) setting out the text of the petition, and (

b) stating that any persons wishing to object to the petition are required to submit a written objection to the Council within 30 days after the date of the publication of the notice.

(2) The Council must forward any written objections it receives to the Minister.

(3) On receipt of a petition, the Minister may, (

a) if no written objections are received within the 30-day period referred to in subsection (1)(b), grant the petition and make an order accordingly, (

b) refer the petition back to the petitioners (

i) for further evidence that the stated purpose of the petition is feasible, (ii) for further particulars relating to the petition, or (iii) with a request that the petition be amended, (

c) refuse the petition if the Minister is satisfied that the requirements of this

section have not been complied with, or (

d) direct that a hearing be held before the Council under

Part 8 with respect to the petition. 50

(4) The Minister must refer the petition to the Council for a hearing under

Part 8 if one or more written objections are submitted to the Council within the time period referred to in subsection (1)(b).

(5) On receipt of a petition which has been referred back to the petitioners by the Minister pursuant to subsection (3)(b), the petitioners may resubmit the petition after complying with the request of the Minister.

(6) If the petitioners fail to resubmit a petition within one year of the date on which it was referred back to them by the Minister, the petition is deemed to be withdrawn.

(7) On reviewing the recommendation of the Council under

Part 8, the Minister may grant the petition and make an order accordingly or refuse the petition. Order granting petition 79(1) When the Minister makes an order granting a petition for the formation of a new district, the dissolution of a district or the amalgamation of 2 or more districts, the order may provide for the following: (

a) in the case of the formation of a new district, (

i) the name of the district, (ii) the address of the head office of the board of the district, (iii) a description of the parcels constituting the district, (iv) the name and address of the owner of each parcel, and (

v) the date on which the order becomes effective; (

b) in the case of the dissolution of a district, (

i) the imposition of charges necessary for the purpose of financing the winding-up of the district, (ii) the disposal of assets and the distribution of the proceeds from those assets, (iii) the settlement of liabilities, (iv) the collection of charges, and 51

(

v) the interim administration of the affairs of the district; (

c) in the case of the amalgamation of 2 or more districts (

i) the name of the district, (ii) the manner of proceeding with the amalgamation, (iii) the address of the head office of the board of the district, (iv) a description of the parcels constituting the district, (

v) the name and address of the owner of each parcel, (vi) the manner of dealing with outstanding debts of the amalgamating districts, and (vii) the date on which the order becomes effective.

(2) In addition to the matters provided for under subsection (1), the Minister may provide for the division or apportionment of any rights, property, obligations or liabilities affected as the Minister considers proper. Dissolution of district 80(1) Except when an order of the Minister for the dissolution of a district expressly provides otherwise, (

a) the district continues to exist for the purpose of the dissolution and winding-up of its affairs, (

b) the district becomes trustee for its creditors, (

c) the district must impose, collect and enforce payment of charges sufficient to pay all the debts of the district in the same manner and on the same persons and property as in the case of irrigation charges, and (

d) if there is a balance remaining after the discharge of all liabilities incurred under lawful authority and all of the costs of and incidental to the dissolution, the district must pay over the balance to the persons declared to be entitled to it by an order of the Minister made on the petition of the district.

(2) When the Minister is satisfied that the provisions of this Act and the order for dissolution of the district have been complied with, the Minister must grant an order of release to the district. 52

Dissolution and amalgamation by Minister 81(1) The Minister may by order amalgamate 2 or more districts if the Minister believes that the operation of the district to be formed by the amalgamation will be more effective or efficient than that of the districts to be amalgamated.

(2) Before the Minister makes an order under subsection (1), the Minister (

a) must give written notice of the proposed amalgamation to the districts, (

b) may invite comments on the proposed amalgamation from the irrigators, other users and any other person the Minister considers necessary, and (

c) may conduct one or more meetings with the public to discuss the probable effects of the proposed amalgamation.

(3) Notwithstanding anything in this Part, the Minister may by order dissolve a district where (

a) the district has not filed an annual report with the Minister for a period of 2 consecutive years, or (

b) the annual report of the district shows that the district has had no irrigation acres for a period of 2 consecutive years. Correction of errors 82 A ny misnomer, misdescription, omission or error in an order under the Irrigation Act continued as an order of the Minister under

section 199 of this Act or in an order of the Minister made under this Part may be corrected by subsequent order, and the correcting orders may be made effective as of the date of the original order or some other earlier date that is specified in the order. Registration and publication of order 83 If the Minister makes an order under this Part, a certified copy of the order must be (

a) forwarded to the Registrar of Land Titles for the purposes of registration under

section 23 of the Land Titles Act, and (

b) published in The A lberta Gazette. 53

Change of District Area Application for change of area of districts 84(1) In this

section and sections 85 to 89, “change of area” means the addition of a parcel to or the removal of a parcel from the district.

(2) An owner may make an application to a district for a change of area.

(3) An application under subsection (2) must be in the form and contain the matters prescribed by the regulations.

(4) In the case of an application for the addition of a parcel to the district under subsection (2), a district may refuse to accept the application if (

a) in the opinion of the district, it is impractical, uneconomical or undesirable to deliver water to the parcel that is the subject-matter of the application, (

b) the expansion limit for the district may be exceeded, or (

c) the owner does not agree to pay the amount specified by the district, if any, that the district may impose as a capital construction charge under

section 126.

(5) The district must give notice of its refusal under subsection (4) to the applicant within 60 days of receipt of the application. Approval procedures 85(1) Except where

section 84(4) and (5) apply, the district must, within 60 days of receipt of an application under

section 84, publish in a newspaper of general circulation in the district a notice in the form and manner provided for in the regulations (

a) setting out a

summary of the application, and (

b) stating that any persons wishing to complain are required to submit a written complaint to the district within 30 days after the date of the publication of the notice.

(2) The district must within 90 days of receipt of an application (

a) approve the application for the change of area by a resolution of the board, (

b) refer the application back to the applicant (

i) for further particulars relating to the application, or (ii) with a request that the application be amended, 54

or (

c) refuse the application.

(3) On receipt of an application that has been referred back to the applicant by the district pursuant to subsection (2)(b), the applicant may resubmit the application after complying with the request of the district.

(4) If the applicant fails to resubmit an application within one year of the date on which it was referred back to the applicant by the district, the application is deemed to be withdrawn.

(5) The district must consider all written complaints that are received within the 30-day period referred to in subsection (1)(

b) before refusing or approving an application.

(6) If the district approves an application for a change of area, the district must (

a) give written notice of the decision within 30 days of the decision to (

i) the applicant, and (ii) any person filing a written complaint under subsection (1)(b), (

b) if a parcel is added to the district, assess the parcel in accordance with

section 95 and amend the assessment roll to add irrigation acres, and (

c) if a parcel is removed from the district, amend the assessment roll to delete the parcel in accordance with

section 98(1).

(7) If the district refuses an application for a change of area, the district must give written notice of the decision within 30 days of the decision to (

a) the applicant, and (

b) any person filing a written complaint under subsection (1)(b).

(8) A written notice under subsection (6)(

a) or (7) must contain a statement of the right to appeal to Council under

section 167(1)(b)(i). 55

District-owned land 86(1) Where the district is the owner of land and the district proposes to make a change of area, the district must publish in a newspaper of general circulation in the district a notice in the form and manner provided for in the regulations (

a) setting out the particulars of the change of area, and (

b) stating that any persons wishing to complain are required to submit a written complaint to the district within 30 days after the date of the publication of the notice.

(2) The district must consider all written complaints that are received within the 30-day period referred to in subsection (1)(

b) before making a decision respecting the change of area.

(3) If the district decides to make the change of area, the district must give written notice of the decision within 30 days of the decision to any person filing a written complaint under subsection (1)(b).

(4) A written notice under subsection (3) must contain a statement of the right to appeal to Council under

section 167(1)(b)(i). Removal by district 87(1) A district may remove a parcel with irrigation acres from the district if, in the opinion of the district, it is impractical, uneconomical or undesirable to continue to deliver water to that parcel.

(2) The district must give written notice to the irrigator specifying the date the district will stop the delivery of water to the parcel at least one year before the date specified in the notice.

(3) A written notice under subsection (2) must contain a statement of the right to appeal to Council under

section 167(l)(a).

(4) Subject to a decision of the Council under

Part 8, the district (

a) may terminate the delivery of water to the parcel after the expiry of the date specified in the written notice under subsection (2), (

b) must give the owner written notice that the delivery of water to the parcel has been terminated, and (

c) must delete the irrigation acres from the assessment roll and remove the parcel from the district.

(5) If the district removes the parcel from the district under subsection (4)(c), it must give the irrigator written notice that the parcel has been removed from the district. 56

(6) Irrigation charges do not apply to the parcel after the date of the written notice under subsection (4)(b).

(7) An irrigator receiving a written notice under subsection (2) may enter into an agreement with the district for compensation respecting the parcel.

(8) Where the irrigator and the district are unable to reach an agreement under subsection (7), the owner may refer the matter of compensation to the Land Compensation Board within 60 days of the date that a written notice under subsection (5) is received by the owner.

(9) The Land Compensation Board may order the district to pay compensation to the owner for the parcel in an amount based on the difference between the market value of the land and improvements with irrigation acres and the market value of the land and improvements once irrigation acres are deleted from the assessment roll and the parcel is removed from the district.

(10) A compensation order under subsection (9) may not include compensation for loss of future earnings that would have been gained by carrying on an activity on the parcel.

(11) Compensation ordered under subsection (9) must be reduced by any amount received by the owner as a result of a transfer of irrigation acres under

section 26.

(12) An appeal lies to the Court of A ppeal in respect of the amount of compensation determined by the Land Compensation Board under subsection (9) (

a) when the amount is determined as $10 000 or more, or (

b) in any other case, with leave of a judge of the Court of A ppeal.

(13) No person may, in proceedings before the Land Compensation Board or the Court of Appeal, dispute the right of the district to remove a parcel from the district in accordance with this section. Registration and publication of notice 88(1) If a district adds a parcel to or removes a parcel from the district in accordance with this A ct, the district must forward a notice to the Irrigation Secretariat in the form and containing the matters prescribed by the regulations.

(2) On receiving a notice under subsection (1) from the district, the Irrigation Secretariat must 57

(

a) forward a certified copy of the notice to the Registrar of Land Titles for the purposes of registration under

section 23 of the Land Titles Act, and (

b) publish the notice in The A lberta Gazette. Effect of change of area 89 A change in area of a district does not (

a) impair or affect its formation, the right of the district in or to property, or any other rights or privileges of the district, or (

b) affect, impair or discharge any contract, obligation, lien or charge under which the district is liable or would become liable had the change of area not been made.

PART 5 ASSESSMENT

Definitions 90 In this Part, (a) “assessment notice” means a notice given pursuant to

section 105; (b) “assessment review board” means a board of a district acting as an assessment review board under this Part. Assessment Roll Assessment roll of district 91(1) The assessment roll of a district continues to be the assessment roll of that district until it is replaced by a new assessment roll under this Part.

(2) The manager must maintain the assessment roll of the district in accordance with

section 100. New assessment roll 92(1) The manager must prepare a new assessment roll for the district (

a) after a new district has been formed under this Act, (

b) when the board of a district authorizes by resolution the preparation of a new assessment roll, or (

c) when the Minister directs the board of a district to prepare a new assessment roll. 58

(2) A new assessment roll must be prepared in accordance with this Part.

(3) If the assessment roll has been lost or destroyed, the board may use any material or information available to the manager as the assessment roll or collector’s roll or both until a new assessment roll is prepared. Contents of assessment roll 93 The assessment roll must (

a) include a list of all parcels that (

i) contain irrigation acres, and (ii) contain acres subject to a terminable agreement or an annual agreement, and (

b) set out for each parcel (

i) the legal description, (ii) the name and address of the owner, (iii) the number of irrigation acres, and (iv) the number of acres subject to an agreement referred to in clause (a)(ii). Land classification standards and assessment criteria 94 The Minister must establish by regulation (

a) land classification standards to be used by each district to classify land according to its suitability for irrigation purposes, and (

b) land assessment criteria to be used in an assessment under

section 95. Assessment of land 95(1) If an assessment is required under this A ct, the manager must assess the parcel for the purpose of determining whether to recommend to the district that an amendment be made to the assessment roll to add (

a) irrigation acres, or (

b) acres subject to a terminable agreement or an annual agreement. 59

(2) A n assessment under subsection (1) must take into account the following: (

a) the classification of the land in accordance with the land classification standards referred to in

section 94(a); (

b) whether the land meets the land assessment criteria referred to in

section 94(b); (

c) whether the district is able to deliver sufficient quantities of water through the irrigation works of the district; (

d) whether there is drainage available from that land, if required; (

e) whether the expansion limit of the district would be exceeded; (

f) any other factors that may make it impractical or uneconomical to irrigate the land. Application to add irrigation acres 96(1) A n owner of a parcel in a district may apply to the district to add irrigation acres to the assessment roll.

(2) A purchaser must have the consent of the registered owner to make an application under subsection (1).

(3) When an application under subsection (1) is received by the district, the parcel must be assessed in accordance with

section 95(2).

(4) If the district is satisfied that the requirements of

section 95(2) have been met, the manager must amend the assessment roll to add the irrigation acres.

(5) If the district is not satisfied that the requirements of

section 95(2) have been met, the district (

a) may refuse to grant an application under subsection (1), and (

b) must give written notice to the applicant of its decision within 60 days of receipt of the application.

(6) A written notice under subsection (5)(

b) must contain a statement of the right to appeal to the Council under

section 167(1)(b)(iv). 60

Application to delete irrigation acres 97(1) A n owner may request the district to delete irrigation acres from the assessment roll.

(2) If a request is made under subsection (1), the assessment roll may be amended to delete the irrigation acres.

(3) If irrigation acres are deleted from the assessment roll, the district may refund all or part of the current irrigation charges and capital charges paid by the irrigator. Deletion and removal of parcel 98(1) A parcel must be deleted from the assessment roll when (

a) the parcel is removed from the district in accordance with

Part 4, or (

b) the parcel no longer contains any irrigation acres or acres subject to a terminable agreement or annual agreement.

(2) If by operation of this A ct a parcel no longer contains any irrigation acres, the district (

a) may remove the parcel from the district, and (

b) if the parcel is removed from the district under clause (a), must notify the Irrigation Secretariat in accordance with

section 88. Maps and plans 99(1) The manager must have maps and plans prepared for all the parcels on the assessment roll, showing for each parcel (

a) the land classified in accordance with the land classification standards referred to in

section 94(a), (

b) the irrigation acres, (

c) acres subject to terminable agreements, and (

d) the point of delivery.

(2) Maps and plans prepared in accordance with subsection (1) must be used when an assessment is required by this Act and retained as part of the records of the district.

(3) The manager may revise maps and plans prepared under subsection (1) from time to time. 61

Effect of change of owner 100(1) When a person becomes an owner of a parcel shown on the assessment roll of the district, that person must notify the manager of that fact and produce such proof of ownership or interest as the manager requires.

(2) On being notified under subsection (1), the manager must amend the assessment roll to show the name and address of the new owner.

(3) When the manager is aware, on the basis of a search of the records of the land titles office, that a person has become an owner of a parcel shown on the assessment roll of the district, the manager must amend the assessment roll to show the name and address of the new owner. Assessment roll as evidence 101(1) The assessment roll constitutes notice to all persons of (

a) the parcels described on the assessment roll, (

b) the number of acres in any parcel that are irrigation acres, and (

c) the number of acres in any parcel that are subject to a terminable agreement or an annual agreement.

(2) The assessment roll must remain in the office of the district except when it is required before the assessment review board, before the Council or by the auditor of the district. Validity of assessment 102 No assessment is invalid by reason of an error, omission or misdescription in an assessment notice or billing notice, or because either notice was not received by the person to whom it was sent. Amendment of assessment roll 103(1) The manager must amend the assessment roll after (

a) the assessment review board makes a decision on a complaint, (

b) an assessment under this A ct results in a change to the number of irrigation acres or acres subject to a terminable agreement or annual agreement, or (

c) a decision of the Council where the Council confirms, varies or rescinds a decision of the assessment review board under

section 172(1)(a).

(2) The manager must date and initial each amendment. 62

Correction of errors and omissions 104(1) The manager may correct an error, omission or misdescription in the assessment roll.

(2) A correction under subsection (1) constitutes an amendment of the assessment roll for the purposes of

section 105. Assessment notice 105 If the manager amends the assessment roll under this Act, the manager must send written notice of the amendment within 30 days of the date of the amendment to the owner of the parcel affected by the amendment. Assessment Review Board Board is assessment review board 106(1) The board of a district constitutes an assessment review board for the hearing and determination of complaints by persons with respect to anything contained on the assessment roll.

(2) No member of the board may be a member of an assessment review board with respect to any parcel in which that member is directly or indirectly interested.

(3) The manager is the secretary of the assessment review board and must record its proceedings. Complaints re assessment roll 107(1) On receipt of a billing notice, a person whose name appears on the billing notice may complain to the assessment review board in respect of anything appearing on the assessment roll.

(2) The notice of complaint must (

a) contain the grounds for the complaint, and (

b) be filed with the assessment review board by sending it to the manager or leaving it at the office of the district prior to the date set out in the billing notice for filing complaints.

(3) A notice of complaint must contain an address for service for all notices that are required to be sent to the complainant. Notice of hearing by assessment review board 108 On receipt of a complaint, the manager must, at least 14 days in advance of the date set for the hearing of the complaint, give notice to the board of the district, the complainant, the owner of the parcel receiving the billing notice and any person listed on the 63

notice of complaint that is affected by the complaint of the time and place that the assessment review board will hear the complaint. List of complaints 109(1) The manager must prepare and post a list of the complaints in the form and manner provided for in the regulations before the assessment review board hears the complaints.

(2) Subject to the adjournment of any complaints, the assessment review board must hear the complaints in the order they appear on the list. Absence of complainant 110 If the complainant or any other person notified of the hearing under

section 108 fails to appear in person or by an agent, the assessment review board may proceed in that person’s absence. Evidence under oath 111(1) Any member of the assessment review board hearing a complaint may administer oaths to witnesses giving evidence before the assessment review board.

(2) The assessment review board may require a person giving evidence before it to do so under oath. Time limit 112(1) An assessment review board must complete its hearing of a complaint and make a decision within 60 days after the date fixed for the hearing of the complaint.

(2) Notwithstanding subsection (1), the assessment review board may grant an adjournment of up to 45 days, and the time limit prescribed in subsection (1) does not run during the period of adjournment. Decisions of assessment review board and notice 113(1) A n assessment review board may (

a) dismiss a complaint that was not made within the proper time, (

b) make a change to the assessment roll respecting the matter that was the subject of the complaint, or (

c) decide that no change to the assessment roll is required.

(2) The assessment review board must direct the manager to notify each person to whom a notice of hearing was given under

section 108 of its decision under subsection (1). 64

(3) A notice under subsection (2) must contain a statement of the right to appeal to the Council under

section 167(1)(d).

(4) Notwithstanding

section 167(1)(d), if the assessment review board dismisses a complaint that was not made within the proper time, there is no further right of appeal to the Council.

PART 6 FEES, CHARGES, COLLECTION AND ENFORCEMENT

Definitions 114 In this Part, (a) “adjudication” means an enforcement return confirmed by the Court of Queen’s Bench under this Part; (b) “charge” means a charge for each parcel, including (

i) a capital charge, (ii) an irrigation charge, and (iii) a terminable agreement charge, and includes surcharges; (c) “fee” means (

i) an annual agreement fee, (ii) a household purposes fee, (iii) a use of irrigation works fee, and (iv) a water conveyance fee; (d) “rate” means a rate charged for each acre and includes (

i) an annual agreement rate, (ii) an irrigation rate, and (iii) a terminable agreement rate. 65

Fees Agreement fee by-laws 115(1) Each district may make fee by-laws to apply to household purposes agreements, use of irrigation works agreements and water conveyance agreements.

(2) By-laws under subsection (1) must establish the fees on a fair and equitable basis.

(3) The district must provide notice of a fee by-law to every person who is a party to an agreement referred to in subsection (1) by serving written notice of the by-law at the same time as a billing notice under

section 130.

(4) A written notice under subsection (3) must contain a statement of the right to appeal to the Council under

section 167(1)(e).

(5) Notwithstanding subsection (2), a fee by-law may establish different fees for individual household purposes agreements, use of irrigation works agreements or water conveyance agreements. Annual agreement fee 116(1) The amount of an annual agreement fee in respect of a parcel is calculated by multiplying the number of acres subject to an annual agreement in the parcel by the annual agreement rate imposed by a by-law under

section 118.

(2) The district must provide notice of the annual agreement fee to every person who is party to an annual agreement by serving written notice of the by-law at the same time as a billing notice under

section 130.

(3) A written notice under subsection (2) must contain (

a) the date of the notice, (

b) a legal description of the parcel, (

c) the number of acres subject to an annual agreement included on the assessment roll, (

d) the annual agreement rate, (

e) the total amount of annual agreement fees payable to the district, and (

f) a statement demanding payment of the amount shown as payable to the district in the notice before or on the date specified in the notice. 66

(4) If the person receiving a notice under this

section fails to pay the amount shown on the notice, the amount shown on the notice may be recovered as a debt due to the district by action by the district within 30 days of the date provided in the notice for the payment of that amount. Rates and Charges Adoption and contents of operating budget 117(1) Each district must adopt an operating budget not later than June 1 in each year.

(2) An operating budget must include the estimated amount of each of the following expenditures: (

a) the amount needed to meet the costs of administering the business and affairs of the district, including the costs of maintaining and operating the irrigation works of the district and obtaining supplies of water; (

b) the amount needed to pay the district’s share of the unpaid costs of constructing, rebuilding, replacing or rehabilitating its existing irrigation works and the costs of constructing additional irrigation works not provided for under a cost-sharing agreement; (

c) the amount needed to pay for any principal and interest that is or will be payable by the district (

i) under a cost-sharing agreement, or (ii) for any loans; (

d) an amount determined by the district to be placed into a reserve fund for any purposes that the district prescribes; (

e) any amount needed to pay for any outstanding writs of enforcement against the district; (

f) any amount payable under an order of the Land Compensation Board under this Act; (

g) the amount needed to provide for the cost of collection of unpaid charges; (

h) an amount needed to pay for any other expenditures that are or will likely be payable by the district to meet its obligations and liabilities.

(3) An operating budget must include the estimated amount of each of the following sources of revenue: 67

(

a) irrigation charges; (

b) terminable agreement charges; (

c) surcharges; (

d) capital charges; (

e) annual agreement fees; (

f) household purposes fees; (

g) use of irrigation works fees; (

h) water conveyance fees; (

i) any amount to be withdrawn from a reserve fund; (

j) any other source of operating revenue.

(4) The estimated revenue under subsection (3) must be at leas sufficient to pay the estimated expenditures under subsection (2). Rate by-law 118(1) Every district must make a rate by-law each year.

(2) The rate by-law must specify an annual agreement rate, an irrigation rate and a terminable agreement rate per acre applicable for all parcels in a district that have (

a) irrigation acres, or (

b) acres subject to a terminable agreement or an annual agreement.

(3) Notwithstanding subsection (2), the rate by-law may provide for the division of the district into 2 or more parts and may provide for different rates per acre in each part. Calculating rates 119(1) The irrigation rate is calculated by dividing the total estimate of irrigation charges under

section 117(3)(

a) by the total number of irrigation acres.

(2) The terminable agreement rate is calculated by dividing the total estimate of terminable agreement charges under

section 117(3)(

b) by the total number of acres on the assessment roll subject to a terminable agreement.

(3) The annual agreement rate is calculated by dividing the total estimate of annual agreement fees under

section 117(3)(

e) by the 68

total number of acres on the assessment roll subject to an annual agreement.

(4) A by-law under

section 118 applies only for the purpose of calculating the irrigation charge, terminable agreement charge or annual agreement fee for the year in which the by-law is passed. Calculation of charges 120(1) The amount of an irrigation charge to be imposed in respect of a parcel is calculated by multiplying the number of irrigation acres in the parcel by the irrigation rate imposed under the rate by-law under

section 118.

(2) The amount of a terminable agreement charge to be imposed in respect of a parcel is calculated by multiplying the number of acres in the parcel subject to a terminable agreement by the terminable agreement rate imposed under the rate by-law under

section 118. Minimum amount in lieu of irrigation charge 121 Notwithstanding anything in this Part, the rate by-law under

section 118 as it applies to the irrigation rate may specify a minimum amount payable as an irrigation charge for each parcel instead of a charge calculated under

section 120(1). Surcharge 122(1) The rate by-law under

section 118 may, in addition, specify a surcharge based on any or all of the following: (

a) the volume of water used per acre; (

b) the volume of water used per acre in excess of the volume prescribed in the by-law; (

c) the water pressure supplied to the irrigator from the irrigation works of the district; (

d) the type of infrastructure used to deliver water to the irrigator.

(2) The total amount of surcharges imposed by a by-law under

section 118 must be at least equal to the total estimate of surcharge revenue under

section 117(3)(c). Charge on land 123 On the passing of a rate by-law under

section 118, the whole of each parcel in the district is charged with the payment to the district of an amount equal to (

a) the number of acres in the parcel assessed as irrigation acres multiplied by the irrigation rate for the parcel plus any surcharges specified in the rate by-law, or the 69

minimum amount payable as an irrigation charge under the irrigation rate by-law under

section 121, as the case may be, and (

b) the number of acres in the parcel subject to a terminable agreement multiplied by the terminable agreement rate for the parcel plus any surcharges specified in the rate by-law. Time of billing notice 124 No billing notices may be delivered or transmitted until the district passes the by-laws specified under

section 118. Capital assets charge by-law 125(1) A district may pass a by-law imposing a capital assets charge respecting parcels that have irrigation acres added to the assessment roll.

(2) A by-law imposing a capital assets charge must set out the rate imposed per irrigation acre.

(3) On the passing of a capital assets charge by-law, the whole of each parcel in which the acres referred to in subsection (1) are located is charged with the payment to the district of the amount equal to the total capital assets charge imposed on that parcel. Capital construction charge by-law 126(1) A district may pass a by-law imposing a capital construction charge on a parcel that is added to the district in accordance with

Part 4 if irrigation works are constructed to supply water to that particular parcel and not to supply water to the district as a whole.

(2) The capital construction charge may be equal to or be a portion of the total cost of constructing irrigation works on that parcel.

(3) A by-law imposing a capital construction charge must set out the amount applicable to the parcel.

(4) On the passing of a capital construction charge by-law, the parcel in the district subject to the by-law is charged with the payment to the district of the amount equal to the total capital construction charge imposed on that parcel. Priorities 127 Unpaid charges have priority over all claims, liens, mortgages, charges or encumbrances on the parcel concerned except those enforceable by the Crown and first mortgages. 70

Collection of Charges Collector’s roll 128(1) The manager must prepare and maintain a roll called the “collector’s roll” in accordance with this section.

(2) The collector’s roll may be combined with the assessment roll.

(3) Each year immediately after the district has passed any by-laws made under sections 118, 125 and 126, the manager must prepare a new collector’s roll or revise the existing collector’s roll in order to show, with respect to each parcel included on the assessment roll, (

a) the name of each person whose name appears on the assessment roll as the owner or lessee of the parcel, and (

b) the amounts payable to the district as (

i) irrigation charges, (ii) terminable agreement charges, (iii) surcharges, (iv) capital charges, (

v) penalties charged pursuant to a by-law of the district, and (vi) any amounts in subclauses (

i) to (

v) remaining unpaid from previous years.

(4) Notwithstanding anything in this Part, when it appears to the district that the payment of all or part of the amounts shown as owing on the collector’s roll by any person has resulted or is likely to result in hardship or injustice to the person who owes the amounts to the district, the district by resolution may cancel or refund all or any part of the amounts owing or paid.

(5) The report of the chair of the board to the annual meeting of the irrigators must contain a copy of each resolution of the board made under subsection (4) in the previous fiscal year and the reasons for making it. Effect of entry on collector's roll 129(1) The entry on the collector’s roll pursuant to

section 128 of amounts owing to the district in respect of a parcel constitutes notice to all persons that the parcel is charged with the payment of those amounts. 71

(2) All amounts shown on the collector’s roll as owing to the district in respect of a parcel are deemed to be unpaid irrigation charges within the meaning of

section 65(1)(

b) of the Land Titles Act. Billing notices 130(1) On completing the collector’s roll, the manager must serve a billing notice to each person whose name appears on the collector’s roll in the form provided for by the regulations showing the amounts owed by those persons to the district according to the collector’s roll.

(2) A billing notice with respect to a parcel on the assessment roll must set out (

a) the billing date, (

b) a legal description of the parcel, (

c) the number of irrigation acres and acres subject to a terminable agreement included on the assessment roll, as the case may be, (

d) the irrigation rate and terminable agreement rate, as the case may be, (

e) the total amount of irrigation charges and terminable charges payable to the district, and (

f) the amount of capital charges, if applicable, payable to the district.

(3) Each billing notice must (

a) demand payment for the amounts shown as payable to the district in the billing notice, (

b) state that the amounts payable are required to be paid before or on the date specified in the notice, (

c) set out the discounts allowable on payments and the dates on which th

Document details

Collection	Alberta — Bills
Citation	L24 S3 896
Type	bill
Volume / chapter	L24 S3 896
Language	en
Format	json
Source	PROVINCIAL
Identifier	0a9da4f4c54cf7174cf30cc9b00953648e09878f

Source file is stored in the law ingest library (json).