Bill 34 (Legislature 10, Session 5)

L10 S5 7280

Alberta — Bills

Bill No. 34 of 1948. A BILL TO AMEND THE SOLDIERS' RELIEF ACT NOTE This Bill amends The Soldiers' Relief Act. By reason of

section 2 (2) (dd) of the Act, the provisions of

Part I providing tax exemption for soldiers expired on the thirty-fir,st day of December, 1947. The Bill accordingly strikes out

section 2 (2) (dd) and

Part I of the Act as they can have no further effect.

Section 1 (b) 'Of the Bill adds two new subsections (3) and (4) to

section 2 of the Act which provide that the same cut off date, viz., the thirty-first day of December, 1947, applies to

Part II of the Act relating to debt relief. The provisions of

Part II prohibit an action against a soldier, while serving, or within two years 'Of his discharge, for a debt incurred before he became a soldier unless 'a permit is obtained. The effect of the amendment is that,- (

a) Part II does not apply to soldiers who enlisted after the thirtieth day of June, 1947. (

b) Soldiers discharged prior to the thirty-first day of December, 1947, are protected until two years after their discharge. (

c) SQldiers still s'erving on the thirty-first day of De cember, 1947, are deemed to be discharged on that date and enjoy the protection of

Part II for two years until the thirty-first day of December,

Section 3 of the Bill strikes out sections 20 to 28 inclusive in

Part III of the Act. These sections provided that a soldier CQuld appoint the public administrator as his agent tQ manage his property during the soldier's 'absence on active service and until six months after his discharge. A soldier CQuld also appoint the public administrator as executor or trustee under his will. These provisions were used during active 'hostilities but their usefulness has practically expired. These sections are accordingly struck 'Out. The Bill adds a new

section 20 which permits the public administratDr to continue tQ administer the property of one Dr tWQ soldiers under the provisions of these sections until his administration is complete. A,s

Part II is the only remaining Part 'Of the Act which is effective and as it can have no application after the thirty fir-st day of December, 1949, a new

section 33 is added to make it clear that the Act remains in force only until that date. W. S. GRAY, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 34 of 1948.

An Act to amend The Soldiers' Relief Act. (Assented to , 19-'+8.) HIS MAJESTY, by and with the advice. and consent of the Legislative Assembly of the ProvInce of Alberta, enacts as follows: 1. The Soldiers' Relief Act, being

chapter 146 of the Re vis-ed Statutes of Alberta, 1942, is hereby amended as to

section 2,- (

a) by striking out paragraph (dd) of subsection (2) thereof; '

b) by adding immediately after subsection (2) thereof the following new subsections: "

(3) Any soldier who. became a soldier after the thirtieth day of June, 1947, is not entitled to the benefits of

Part II of this Act. "

(4) Any soldier serving Gn the thirty-first day Gf December, 1947, who became a soldier on or befGre the thirtieth day Gf June, 1947, shall be deemed to. have been discharged on the thirty-first day Gf December, 1947, fGr the purposes' Gf

Part II Gf this Act." '2. The said Act is further amended as to.

Part I by striking Gut the same. 3. The said Act is further amended as to

Part III by striking Gut sectiGns 20 to. 28 inclusiv'e thereGf and by sub stituting therefGr the fGllowing: "20.

N Gtwithstanrling the repeal Gf sections 20 to 28 inclusive every public administratGr appointed as the agent of a soldier in the management of his property or as executor or trustee of a soldier under his will pursuant to the said sections prior to their repeal may continue to act as agent, executor or trustee until the expiration of six months after the date of discharge of the soldier or until the management or administration of the property is completed, as,the case may be, and for that purpose the public administrator shall continue to have and exercise the powers granted to him by the said sections.". 4.

The said Act is further amended by adding immediately after

section 32 thereof the following new section:

2 "33. This Act as amended shall remain in force until the thirty-first day of December, 1949, and from and after that date it shall have no further force or effect and shall be deemed 'to be repealed.". 5. This Act shall come into force on the day upon which it is assented to.

FIFTH SESSION TENTH LEGISLATURE 12 GEORGE VI 1948 BILL

An Act to amend The Soldiers' Relief Act. Received and read the First time ......................... " ............. . Second time .................................... . Third time ....................................... . HON. MR. GERHART. EDMONTON: A. Shnltka. Kine'. Printer 1941 Title: 1948 (10th, 5th) Bill 34,

An Act to amend The Soldiers' Relief Act

Document details

Collection	Alberta — Bills
Citation	L10 S5 7280
Type	bill
Volume / chapter	L10 S5 7280
Language	en
Format	json
Source	PROVINCIAL
Identifier	0ab5e7e76e138f25ff60444d70b4cccd95d14478

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