Bill 68 (Legislature 12, Session 2)

L12 S2 6614

Alberta — Bills

Bill No. 68 of 1954 A BILL TO AMEND THE TOWN AND VILLAGE ACT, 1952 NOTE This Bill amends The Town and Village Act, being chap ter 97 of the Statutes of Alberta,

Section 46, subsection (1) is amended to remove the reference therein to a general election as being unnecessary as a "first meeting" is defined in

section 2, clause (I).

Section 48,· subsection (4) is struck out. This subsection more- properly belongs to

section 56 as it relates to special meetings of the council, and is being placed in that

section as subsection ( 5 ) thereof.

Section 49, subsection (1) is amended to remove the reference to a general election as a "first meeting" is de fined in

section 2, clause (I)·

Section 56 is amended as mentioned in -the reference to

section 48. _

Section 59 is amended by the addition of a subsection (5) whieh permits a council to make provision for the expenses incurred by its committees attending meetings on municipal affairs.

Section 70 is amended. Subsection (4) is replaced by a new subsection. The effect of this substitution is to provide fully for the time within which requests for assessments may be made by councils to the Director of Assessments. Previously, the request had to be made before the first of April regardless of the fact that the assessment was being made for the purpose of taxation in the following taxation year. Subsection (5) is amended to permit the Department of Municipal Affairs to assume half the cost of assessments done by their personnel at the request of council. Pre viously, the Department assumed only one quarter of the cost.

Section 79, subsection (2) is amended to correct a refer ence to

an Act.

Section 79a subsection (1) is amended to extend the length of app~intment of a special constable appointed by the mayor from fifteen days to thirty days so as t~ enable confirmation or the contrarY or a subsequent councIl meet ing which might not normally take place within fifteen days of such appointment.

Section 269, subsection (1) is amended to permit a council to acquire land for a museum and art galleries. A new sub section (3) is added to permit a council to acquire land in

ii or outside its municipal area for subdivision for build ing sites. Sections 279 and 293, which permit expropriation of sub divided and unsubdivided land, respectively, are amended to exclude the power to expropriate for the purpose for which under the new subsection (3) of

section 269 the council may acquire land by purchase.

Section 294 is amended by the addition of a new sub

section (la) which authorizes a council to sell land acquired for building sites under

section

Section 352, subsection (1) is amended to extend the ceiling of eight dollars on the minimum hospital tax to ten dollars.

Section 414 is amended to provide that on a vote by proprietary electors on a money by-law, the by-law is neither rejected nor approved unless ten per cent or more of all the proprietary electors vote thereon. Form 11 is replaced by a new Form 11 which differenti':' ates between a candidate's acceptance for a first election in a town or village and such an acceptance for a general election. This Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 68 of 1954

An Act to amend The Town and Village Act, 1.952 ( Assented to , 195-'1) HER MAJ~STy, by and with the advice. and consent of the LegIslative Assembly of the ProvInce of Alberta, enacts as follows: 1. The Town and Village Act, 1952, being

chapter 97 of the Statutes of Alberta, 1952, is hereby amended.

Section 46, subsection (1) is amended by striking out

Section 46 the words "after a general election". amended

Section 48 is amended by striking out subsection (4).

Section 48 amended

Section 49, subsection (1) is amended by striking out

Section 49 the words "following the date of the annual election in amended each year".

Section 56 is amended by adding immediately after

Section 56 subsection (4) the following new subsection: amended "

(5) The council by unanimous consent may waive notice of a special meeting and hold a special meeting at any time but every member of the council must be present at such a meeting.".

Section 59 is amended hy adding immediately after

Section 59 subsection (4) the following new subsection:, amended "

(5) The council, by resolution, may authorize the pay ment of reasonable allowances for travelling, subsistence and out of pocket expenses accrued in attending meetings affecting the town or village to members of the council who are members of any committee appointed by resolu tion of the council to attend such meetings.". 7.

Section riO is amended

Section 70 amended (

a) by striking out subsection (4) and by substituting the following: "

(4) Where a council desires to make a general feqfisi. assessment of all land, buildings and improvements J~~~t~r of in the town or village or an assessment required ~ss::keents pursuant to clause (

a) of subsection (1) of

section general t 19 of The Assessment Act, the council, by resolution assessmen

Section 79 amended

Section 79a amended

Section 269 amended

Section 279 amended

Section 293 amended

Section 294 amended 2 H (

a) passed prior to the first day of May if the assessment is required for taxation purposes in that year, or U (

b) passed at any time in a year if the assessment is required for taxation purposes in the follow ing year, may requisition the Director of Assessments to have such assessment made and in that case such assessor on the staff of the Director of Assessments as the Director may designate shall be the assessor for that assessment.", (

b) as to subsection (5) (

i) by striking out the word "general", (ii)' by striking out the words "twenty-five" and by substituting the word "fifty", (iii) by striking out the words "seventy-five" and by substituting the word "fifty".'

Section 79, subsection (2) is amended by striking out the word "Alberta".

Section 79a, subsection (1) is amended by striking out the word "fifteen" and by substituting the word "thirty".

Section 269 is amended (

a) as to subsection (1), clause (

b) by striking out the words "or public library" and by substituting the words ", public library, museums or art gal leries", (

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

(3) Subject to the approval of the Lieutenant Governor in Council, a council may, by by-law, authorize the purchase or other acquisition of land within or without the town or village for the pur pose of subdivision for building sites.".

Section 279 is amended by adding immediately after the word "Act" the words and figures ", except those pur poses authorized by subsection (3) of

section 269,". \2.

Section 293, subsection (1) is amended by adding immediately after the words "hereinbefore authorized," the words "except those purposes authorized by subsection (3) of

section 269,".

Section 294 is amended by adding immediately after subsection (1) the following new subsection: "(la) Notwithstanding subsection (1), a council with the approval of the Minister may pass a by-law for the purpose of selling any land acquired pursuant to subsection (3) of

section 269.".

Section 352, subsection (1) is amended by striking

Section 352 out the word "eight" and by substituting the word "ten". amended

Section 414 is amended (

a) by renumbering the

section as subsection (1), (

b) by adding immediately after subsection (1) the following new subsection: "

(2) No by-law that is required to be submitted to the proprietary electors shall be deemed to have been passed or rejected unless the total number of proprietary electors voting on the by-law is ten per cent .or more of the total number of proprietary electors entitled to v.ote there.on.".

Section 414 amended 16. Form 11 in the

Schedule is struck out and the fol- ~~he~d'!:J lowing is substituted: "FORM 11 "(Section 127) "NOMINATION PAPER "We, the undersigned electors of the town (or village) .of ........................................ hereby nominate (name, residence and .occupation of the person nominated) as a candidate at the election now about to be held for a mayor (.or coun cill.or) of the said town (or village). "Witness our hands this .......... day of ............ 19 ..

Signature .of Elect.ors "CANDIDATE'S ACCEPTANCE (FIRST ELECTION) "I, the said.. .. ...... .... .. ...... .. .. . .. named in the f.oregoing n.omination, hereby state: "1. That I am of the full age of twenty-one-years; "2. That I reside in the town (or village) of "3. ,That I am a Canadian citizen; . , "4. That I can read and write in the English language; "5.

That I have been for a period .of at least two m.onths imediately prior to nomination, the owner .or purchaser .of land, or interest in land within the town (or village) not exempted from taxation which is of the value of at least one hundred dollars over and above charges, liens and en cumbrances affecting the same; "6. That my name appears with respect to such land .on the assessment roll of the village, municipal district or im provement district with respect t.o that portion which is included in the t.own (or village) ; "7. That I am not .otherwise disqualified; "8.

That I will accept the office .of ...... .of the said town (.or village) if elected.

Coming into force "CANDIDATE'S ACCEPTANCE (GENERAL ELECTION) "I, the said........ ............... ........ .. .. named in the foregoing nomination, hereby state: "1. That I am of the full age of twenty-one years; "2. That I reside in the town (or village) of ................ ; "3. That I am a Canadian citizen; "4. ,That I can read and write in the English language; "5. That my name appears upon the voter's list as a proprietary elector; "6.

That my name is on the assessment roll of the town (or village) in respect of land or interest in land not exempted from taxation within the town (or village) which is of the value of one hundred dollars over and above cha~ges, liens and encumbrances affecting the same; "7. That I am not otherwise disqualified; "8. That I will accept the office of ................................. .. of the said town (or village) if elected. Si.~;:~u:::iP;i::::Of} ;;Sig~at~~eof"Candidiit£;;. 17. This Act comes into force on the day upon which it is assented to.

No. 68 SECOND SESSION TWELFTH LEGISLA lURE 3 ELIZABETH II 1954 BILL

An Act to amend The Town and Village Act, 1952 Received and read the First time ............... . Second time. Third time ..... RON. MR. GERHART Title: 1954 (12th, 2nd) Bill 68,

An Act to amend The Town and Village Act, 1952

Document details

Collection	Alberta — Bills
Citation	L12 S2 6614
Type	bill
Volume / chapter	L12 S2 6614
Language	en
Format	json
Source	PROVINCIAL
Identifier	0fb0d87ee45716cbf9128ed5ecc8488e40521513

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