Bill 63 (Legislature 16, Session 4)

L16 S4 4901

Alberta — Bills

1971 Bill 63 ---====================================~~~ Fourth Session, 16th Legislature, 20 Elizabet'; II - j--= THE LEGISLATIVE ASSEl\IBLY OF ALBERTA

An Act to amend The fv1!Jnidp~! Governrnenf I·~r} THE MINISTER OF IVluNICIPAL AFFAIRS First Reading .............................. . Second ReadinO' .:;:, .......................... . Third Reading ........................... .

~H~IL 6~ 1971

AN ACT TO AMEND THE MUNICrPAL GOVERNMENT ACT (Assented to , 1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. Th'3 Municipal GovernnLent Act is he'reby a'mended.

Section 2 is antended (

a) by striking out clause 14 and by substituting the following: 14. "mobile unit" means (

i) any vacation trailer or house trailer or re locatable trailer, or (ii) any structure "whether ordinarily equipped with wheels or not, that is constructed or manufactured to be moved fronl one point to another by being towed or carried and to provide living accon1modation for or other use by one or nlore persons, (

b) by striking out clause 22 and by substituting the following: 22. "proprietary elector" means (

i) a person whose naDle appears on the assess ment roll in respect of land liable to assess ment and taxation for general n1unicipal purposes, and (ii) a person ,vho is liable for the payment of a m.obile unit licence;

Section 50 is arnendecl by striking out subsection (1) and by substituting the following: 50. (1) vVhen the office of mayor of a city or town .be comes vacant by death resio"nation forfeiture or othel'vnsc, the council shall forth\vith b appoidt one of the councillors to fill the position but a vacancy shall be deenled not to Occur on the council by reC1.son of the appointment and a by election need not be held unless (

a) the number of councillors reDlaining is reduced to a point where a by-election is required, or

Explanatory Notes I. This Bill will amend

chapter 246 of the Revised Statutes of Alberta 1970.

Section 2, clau~es 14 and 22 presently read: 14. "mobile home" mt ans (1) any vacation trailer or house trailer, or (ii) any structure whether ordinarily equipped with wheels or not, that is constructed or manufactured to be moved from one point to another by being towed or carried and to provide living accommodation for one or more persons; 22. "proprietary elector" means an elector whose name appears on the assessment roll in respect of land liable to assessment and tax ation for general municipal purposes;

Section 50, subsection (1) presently reads: . so. (1) "'hen the office of ma\"or become::: yaeant by death. re,;- 19nation, forfeiture or otherwise,· the council shall forthwith apP,?int one of the councillors to fill the position until the next general electlOTI. but a vacancy shall be deemed not to occur among the coundllol:s .by reason of the app0intment unless the number of couneillnrs renW,InIn~ Is reduced to the point where a by-election is requirt.'d. in which eYt'nt the appointment of a councillor t,,) the position of mayo\" b temporary until a by-election i~ held at which the "Reanc')" in the offict' of mayo)' and an;r other vacancy on the coune'l are filled.

(

b) the council considers it advisable to hold a bY-2lec- tion to fill the office of mayor, in which event the appointment of a councillor to the po sition of mayor is temporary until a by-election at 'which the vacHncy in the office of mayor and any other vacancy on the council are filled.

(1.1) VVhen the office of Tnayor of a village or n1lmicipal district becomes vacant by death, resignation, forfeiture or 'otherwise, the council shall forthwith appoint one of the councillors to fill the position for the remainder of the term of office.

Section 56, subsection (2), clause (

b) is amended by adding after the words "treasury branch" the. words "or credit union".

Section 77 is arnended by adding the following subsec tion after subsection (2):

(3) For the purposes of this section, a 111unicipality shall include a collecting school district established pursuant to

section 131 of The School Act.

Section 126 is a1nended by striking out subsection (1) and by substituting the following: 126.

(1) A council 111ay provide for the holding of an annual meeting of the electors for the discussion of 111unici pal affairs. 7. The following

section is added after

section 126: 126.1

(1) If so requested at any time by the written pe~ition of the electors, the n1ayor, by public notice COJl sPIcuously posted in at least 10 widely separated places in the municipality, shall call a public meeting of the elector~j ')f the munkipality to be held on the da~e nan1ec1 in the notice, for the discussion of municipal affairs or of any matter relating thereto . .

(2) The petition referred to in subsection (1) shall be SIgned by at least 2 (a) 5 per cent of the electors in a 111unicipa!ity ha\"ing- a population of 10,000 01' more persons, or (b) 10 per cent of the electors in a mpnicipality ha\"ing a population of less than 10,000 persons but ]1lO1'e than 1,000 persons, or (c) 15 per cent of the electors in a municipality h(l\cing a population of 1,000 persons or less.

Section 56, subsection (2), clause (

b) presently reads: :2) Unless the council otherwise directs, the treasurer (

b) shall deposit or cause to be deposited daily or as .:::ften as th:: council may direct all moneys recein~d by him in a charterel1 bank <>r treasury branch designated by the council, 5. Se:::tion 77, subsection (1) reads: 77. (l}The council of e,"ery mun~cipality shall appoint an assessor and prescribe his duties, 6 •.

Section 126, subsection (1) presently reads: 126, (

l) The council of a city may ancl eyer)" other municipality shall pro\'ide fol' the h:)lclil'g of an annual meeting of the electors for t11" discussion of municipal affairs. 7. Public meeting of electors on petition therefor.

(3) The date of the meeting nanled in the notic.e shall be not more than 30 days frODl the date of the recelpt of the petition.

(4) The notices sh:l11 be P?sted at lea~t seven c)ear days prior to the date of t i meetIng named In the notIce.

Section 128, subsection (2), clau-sc (

c) is a"mended by adding after the words "to the municipality" the words "or except where the leasing is under a housing proj ect under

Part VI of the National Housing Act (Canada)". 9. The following

section is added after

section 128: 128.1 A council may operate and maintain a public hous ing project and may delegate (

a) to a housing authority established under

section 41 of The Alberta Housing Act or, (

b) where no housing authority is established, to a municipal officer the power to operate and maintain a public housiEg project including the power to enter into leases.

Section 1.~8 is amended by adding at the end of sub section (1) and subsection (2) the words "or to all pro prietary electors and all other adult residents of the mun icipality" .

Section 149, subsection (1) is antended by adding after the words "within a reasonable tinle after" the words "receiving a written". 12. The following sectio'n is added ajtwr

section 150: 150.1 The council may pass a by-law requiring O,\V11ers of outdoor swimming pools to erect and maintain fences and g~tp~s around the swimming pools aL(', prescribing the mmn?um height and specifications of, and the manner of erectmg and maintaining the fences and gates. b 13. Se~tio/~ 155 is a'mended by striking out clause (

e) and Y 8ubstltUtw!] the following: (e) ':,ith respect to extinguishing fires or preserving hfe or property from injury or destruction by fire o~ land within or outside the municipality, to proVIde (

i) for the charging of any cost incurred, or a minimum fee, to the owner or occupant of the land, and

Section 128, subsection (2), clause (

c) presently reads:

(2) The disposal of any land or estate or intetest in land as author ized by subsection (1) does not require the assent of the electors except that the council does not have power (

c) to rent or leas~' to any person, any lands, buildings or portloll thereof at a rent less than a fall' rental value except where tho: leasing is to a school, welfare organization, community service club ()f othfr organization if, in the opinion of the council the school, welfare organization, community sen-Ice club or ~ther organization is carrying out or proposes to carry out activities beneficial to the municipality, or 9. Self-explanatory.

Section 148 presently reads: 148.

(1) A council by by-law may provide for publication of the min utes of its meetings and of information concerning other municipal S?bj~cts and for that purpose ma~- cau~e circulars to be prepared and dJstnbuted to all proprietary ejectors.

(2) Where one or m'Jre weekly newspapers are in circulation in a municipality the council by by-law may pro,-ide for the publication of the matters referred :0 in subsection (1) in such newspapers, and for the distribution of a copy thereof to each proprietary elector. II.

Section 149, subsection (1) presently reads: 149.

(1) Any elector may at all reasonable timES inspect (

a) an)- contract appron,d by council or an executi\,e, comm:tte~ and any by-Jawor account after it has been submitted to the council, (

b) any report of the commissioners or of any committee or (If any official of the municipalit~- after it has bepn sub!llitt:~ to the council, other than an opinion or report of the mumclpal solicitor or of any counsE-l engagEd by the municipality, and (

c) the minutes of ccuncil, aftcr they have been adopted by th·~ council, ar.d the municipal SE'eret:J.n- shrt.!l withb a reasonable time after demand br an electol' furnish him" with copies of any such duC'uJl1':!1ts or parts t~ereof at the rate of not more than 50 CC'Il ts per 100 words,. e3.c~ figure to be counted one word or at a rate of not murc than ~l pe. reproduced page 01' part thereof of any such docuIll;cnts. ]2. Fencing of swimming pools.

Section 155, clause (

e) presently reads: 155. The council of a municipality may ]1:1.53 by-i:l ws: ( ) f I nt of land e <or t Ie ch~l'g-ing of the cost to the owner :' O('c,llI'a _ 1['U\'1d,' .Ind fOI" til,' I't:CUV('!Y of ~Udl CO;-;[ as the l'_, -1;.\\ 11,I,~ I, 1: 'Y whtre costs hay\' b:_'(11 incu1'l'~d wi:il 1"t':,;h'ct t" ('.:""lll:~U~~,:;~~;; fiJ:,s.and Ilrt:.':~l'r\'in~ life ~llld JJI'~)perlY fl'OI_l1 :I1JU r y. ('l'f(l~~:,! Ili',;:I'

b) fir€' on l:1.lltl::; ~ltuater1 otlt~l,Je the lL'Uy,ll.lrlt ~ I icipality; .

(ii) for the recovery of such cost or fee as the by- law may provide, and in the case of land within the nlunicipa1ity tc provide in default of paynlent for charging the cost or fee against the land as taxes due and owing in respect of that land;

Section 166 is amended b-y adding the following sub sections after subsection (2):

(3) Where the council provides an anlbulance service to all or a part of the municipality, the council may, by by-la\v, prohibit any other person fronl providing a public anlbulance service in the nlLlllicipality or any part thereof.

(4) A by-law under subsection (3) may exclude anlbulance setvices provided by a hospital fron1 the prohibition set out in the by-law. (5) vVhere a by-law has been passed pursuant to sub section (3) requiring a licensed ambulance service pro vided by another person to be discontinued, the municipality shall acquire the assets and pay compensation for the loss of anticipated profits plus· the value of vehicles and equip ment to the person who previously operated such service.

(6) Vvhere the amount of the compensation or the terms of the acquisition cannot be agreed upon between the council and the former operator, the conlpensation and value Df the assets shall be determined by the Public Utilities Board in like manner to that provided by

section 28 of The Ex propriation Procedure Act and the resulting order that is issued is binding upon both parties.

Section 167 is aTl/,ended by adding the following sub secUon aIte?' subsection (2):

(3) The council, by by-law nlay grant the privilege of providing ambulance service in the whole municipality or a part thereof to one person and may by the same or by another by-law 4 (

a) set minimum standards of dn1blllance serviCE- and the number of vehicles to be provided, (

b) set minimum requirenlents pertaining to vehicles to be used to provid2 the ambulance service, (

c) set the number and n1inimum qualifications of all drivers and attendants enlployed, and (

d) set the rates ,vhich Inay be charged for the service provided, on any basis which is considered to be equitable by the council.

Section 166, subsection (1) reads: 166.

(1) A councU. by hy-la w. may acquire :1T!Cl equip mutor y,-h:'.'lc:s for the purpose of 11l"OYiding an ambulance sen"icE: in the Illunicip::t!ity, or any part thereof. 15. Exclusive right to operate ambulance service may be granted. 4

16. The following

section is added after

section 171: 171.1 A council may pass a by-la,v for the orderly numbering of hons.es on lots on th.e stre~ts and a.venues and for the ren~m1berlng ~f them frOln hme to hme as the council consIders expedIent. 17. The following

section is added after

section 174.: 174.1

(1) The council of a city may pass a by-law for the purpose of establishing a mall :)1: pe~estrian pronlena.de and the council of any other nlunicipahty may do so wIth the approval of the IVIinister of Highways and Transport.

(2) The by-law may . (

a) designate a portion of a street, road, lane, public highway or other land belonging to the municipality as a mall or pedestrian promenade, (

b) control, restrict or ·wholly prohibit the use thereof by vehicles or by any ·class of vehicles, and (

c) permit or provide for the obstruction of the mall or pedestrian pronlenade in such manner and to such extent as the council considers desirable. (3) \Vhere the council has designated a portion of a street, road, lane, public highway or other land as a mall or pedestrian promenade the council may by the same or other by-law create an organization for the purpose of managing and operating or advising in the management and operation of the mall or pedestrian promenade.

(4) If a council creates an organization for the purpose of managing and operating or advising in the managenlent and operation of a mall or pedestrian pronlenade the council may appoint one or nlore (

a) members of the council, (

b) persons owning, occupying or having an interest in land abutting the mall or pedestrian pronlenade, and (

c) officials and employees of the municipality, or any combination of them as menlbers of the organization. .

(5) An organization e,tablished p1l1'suant to this sectio~l IS a corporation having the powers and obligations delegated to it pursuant to the by-law creating it.

Section 178, subsection (5) is aTnended by adding the word ", or" at the end of clause (

b) and by adding the fol lowing clause after clause (b):. (

c) where any traffic control device has been defaced, removed or destroyed by someone other than a n1UIl icipal official or en1ployee as a result of

an act of vandalism, without proof by the plaintiff that the 5

16. Regulation of house numbers. 17. Municipalities authorized to establish pedestrian malls. ]8.

Section 178, subsection (5) presently reads:

(5) Default unrl('r this

section shall not be imput.:d to n. municipality in any action (

a) without proof by the plaintiff that the municipality knew or should have known of the disrepn.ir of the r0ad or' other work, or (

b) if the municipality proves that it had not actual or con>;trll~'~i\"(· notice of the disr.:pair or that it took r~'asoll:lble means ~'i prevent the disrepair arising. 5

municipality knew of the defacement, removal or destruction and failed to restore, repair or replace the traffic control device in a reasonable period of time.

Section 178 is amellded by adding the follmuing sub

section after s'ubsection (6):

(7) In a mmlicipal district, the provisions of this

section and of

section 169 extend to all roads and road diversions surveyed for the pLlrpose of opening a road allowance as a diversion from the road allo\\~ance on the south or west boundary of the district ~.lthough the road or road diversions are outside the boundaries of the municipal district.

Section 193, clause (

l) is a?nended by striking out the words "or watercourse" and by substituting the words ", watercourse OT private property". 21. The following

section i8 added after

section 21.2: 212.1 A council may pass by-laws auth::>rizing the acquisition of land and the construction of buildings thereon fol' use as trade or convention centres and providing for the operation, maintenance and regulation thereof.

Section 215, 8ubsection (1) is a?nended by adcZing after the words "The council n1ay" the 'Words "refuse to grant 01' may revoke a licence on grounds which, to it, appear just and. reasonable and n1ay"

Section 226 is struck out and the following is sub stituted: 226.

(1) Every mobile unit is liable to be licensed in accordance with this section.

(2) The licence fee to be in1posed in respect of nlObile ·,mits shall be in accordance with a .3chedlt12 prescribed by the IVIillister.

(3) As soon as the mobile unit is occupied for any pur pose in a llllmicipality the full anlOunt of the licence fee for the unexpired portion of the licensing year commenc ing with the fin;t day of occupancy of the mobile unit in the municipality, thereupon becon1es due and payable to the municipality unless the n1unicipality and the owner of the mobile unit have entered into an agi'eemcnt whereby the 1icenc\~ fee is made payable by Installments in advance. 6

l~.

Section 178 sets out the duties of municipalities with re spect to the state of repair of highways under their control.

Section 193, clause (1) presently reads: 193. The council, subject to the provisions of The Public Health Ad and any regulations lhereu!1Ger, may -pass by-laws (1) prohibiting' or restricting: controlling- and regulating the plat'i!1~ or depositing of refuse as defined in the by-law upon any street or lane or in any park, public place ·or watercourse and comp~lling ~he removal of. such z:ef~se by the party so placing or depositing It and the placlllg of It In .the pl'l.ce ordered by the cO'..lI1cil eith(:r within or outside the municipality. " 21. Authority to acquire and operate trade and convention centres. 22 . .

Section 215, subsection (1) presently reads: " 215~

(1) The council may delegate to a mur.icipal officer on such terms and conditions as the council Ly by-law may dderll1ine the power to rduse to grant or re\"oke any" lict'nce if in his .opinion there art' just and reasonable grounds for the refus.J.I of the application or fo, revocation of the licenCe subject to the right of the applic3.n t to app~'al the refu"sal 'or revocation to the council.

Section 226 is revised to remove any conflict with proposed proviSions in The" Municipal Taxation Act which would permit the assessing and taxing of mobile homes situated on the o\vner's land. 6

(4) 'Vhere the 0'Yner of a nlobile unit has paid the full annual licence fee Imposed pursuant to the

schedule pre scribed by the Minister in accordance with this

section and the mobile unit is llloved from the municipality or ceases to be occupied for any purpose, the owner upon application therefor shall be refunded one-twelfth of the annual licence fee for each full calendar nlonth renlaining in the year and during which the mobile unit is not within the municipality or is not occupied for any purpose.

(5) A licence fee payable pursuant to this

section is col lectible as a debt due to the Dlunicipality.

(6) A licence or a licence fee shall not be required in respect of (8.) 'a mobile unit occupied by a bona fide tourist, or (

b) a mobile unit located in a county or municipal dis trict while it is occupied by a bona fide farmer and used for farming purposes.

(7) A licence or licence fee shall not be required in respect of a mobile unit liable to assessment as an improvement pursuant to The Municipal Taxation Act.

Section 275, subsection (1) is a:mended by adding after the words "provided in section" the figure "270,".

Section 276, subsection (5) is amended by adding at the end thereof the words "or

section 5 of The Gas Utilities Act".

Section 311 is a'mended by adding the following sub

section after subsection (1) :

(1.1) The by-law (

a) shall be proceeded with in the manner set out in this section, or (

b) shall be imrnediately sublnitted for the assent of of the proprietary electors. 27. The following

section is added after

section 311: 311.1

(1) Notwithstanding the provisions of this or any vther Act, the council may, by by-la\\, .?uthorize all electors of the municipality to vote on a specific by-law or on all by-laws requiring the assent of the proprietary electors . .

(2) Where a council passes a by-law pursuant to subsec tIon .(~), all references to pl'opietary electors in this or The MUnIcIpal Election Act shall, in relation to voting on by laws, be deemed to refer to and to include all electors. 28.

(1) Subject to subsection (2), this Act comes iilfo jorce on the day upon 7.vhich it is assented to . .

(2) Section 2, clause (

a) and

section 23 of this Act cor/I.e 'tnto force on January 1, 1972. 7

Section 275, subsection (1) presently reads: Z15.

(1) A municipal district may exercise the po\·,ers provided in

section 271 or 273, in a specified part or parts of the municipal distr:1"t only, in \vhich event only the proprietary electors of the specified part or parts of the municipa! district are entitleil to pdition for a yote or to vote on the by-law.

Section 270 authorizes special franchises.

Section 276, subsections (4) and (5) presently read: (4) 'Vhere there is a dispute between the municipality and any other municipality in connection with the rates. tolls or charges, the dispuk may be submitted to the Public Utilities Board for an order upon such terms and conditions as to the Board seem proper. (5) Subsection (4) ",-pplit:s , .... hether or not a public utility is subject to the control and order of the Public Utilities Board pursuant to

section 102 of The P:Jblic Utilities Board Act.

Section 311, subsC!ctions (1) and (2) read: 311.

(1) Subject to the exception set out in this or any other Act, no by-law for creating a debt not payable within the curTent year has any f>ffect until it has received the approval of the Local .Authorities Board and the assent of the proprietary electors when such ass(,nt is reqt.:ired by this.Act. (2) 'Vithin 21 days from th" date of the i:::suance of an onler or as otherwise authorized by the Local Authorines Board appr'oying a by-law rt'ferred to in subsection (1), a counC'i1 shall publish a notic~ of the proposed by-law, in a form apprl) .... ed ~JY tht' Local _-\.uthol'ities Board, once a week for two consecuti .... e week" in at ledst one news paper circulating within the limits of the municipality. 27.

Authorization for all electors to vote on money by-Ia,,:s. 7 Title: 1971 (16th, 4th) Bill 63,

An Act to amend The Municipal Government Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4901
Type	bill
Volume / chapter	L16 S4 4901
Language	en
Format	json
Source	PROVINCIAL
Identifier	10131c3bf667e402f579a4ac036955810955b250

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