Bill 41 — First Session, 16Th L€Gislature, 17 Elizabeth Ii the Legislative A$Embl¥Ifhrar.&1Lrta Bill 41 An Act Respecting Irrigation (Legislature 16, Session 1)

L16 S1 4492

Alberta — Bills

1968 Bill 41 First Session, 16th L€gislature, 17 Elizabeth II THE LEGISLATIVE A$EMBL¥ifhRar.&1lRTA BILL 41

An Act respecting Irrigation THE MINISTER OF AGRICULTURE First Reading ............................................................. . Second Reading ......................................................... . Third Reading ........................................................... . Printed by L. S. Wall, Queen's Printer, Edmonton

Explanatory Notes General. This Bill will repeal and replace The Irrigation Districts Act, R.S.A. 1955,

chapter 162, and most of the special enactments peDtaining to irrigation. The Bill is largely based on the recom mendations of the Irrigation P'Olicy Committee of the Department of Agriculture.

Apart from consolidating existing legislation, the purposes of the Bill are to bring a uniformity of administration and procedures where there presently exists differences. t'O eliminate obsolete procedures and rules which have become redundant or undesir able, to adopt new procedures and to utilize agencies such as the Local Authorities Board and the Alberta Assessment Appeal Board for the specific uses of irrig.ation districts and to bring in new or revised measures to facilitate the administration of districts or to meet chronic problems or anomolies which have been revealed over the years in s'Ome irrigated areas and which are peculiar to them.

The following are some 'Of the more important features of the Bill: 1. Matters dealing with the formation 'or content 'Of districts will be dealt with as a result of petitions submitted t'O the Local Author ities Board through the Irrigation Council. A petition will require support both on the basis of acreage and by owners affected. See

Part 1 of the Bill. 2. Each district will be governed by a board of directors. These boards will replace boards of trustees, individuals appointed as official trustees and the managers of ·the St. Mary and Milk Rivers Development and the Bow River Development. Boards may be elected Dr appointed by the Irrigation Council. An appointed manager will be the chief administrative officer. 3. The powers of the board will be expanded to give more flexi bility to the use of water. Boards 'Of directors may act as sup pliers or carriers of water to be used for municipal or other pur poses.

They may also enter into contracts with persons who are able t'O beneficially use water using techniques other than the traditional "gravity" method. These powers widen the services which b'Oards will be able tD provide in the community. 4. In anticipation of cost-sharing arrangements recommended by the Irrigation Policy Committee, authority has been provided en abling boards to contract with all levels of government for such purposes. 5. Boards will be enabled to supply access to parts of land made inaccessible because 'Of the construction of their works.

The respon sibili ty of replacing such means of access will reside in the board, but the owner of the land will have the responsibility of repairing and maintaining the same. 6. Elections of boards will normally be held every three years, rather than annually. 7. Provision has been made for securing an expression 'Of opinion of the water users by a mail vote. While the results will not ordinarily be binding on a board, the results will be definitive both on proposed amalgamations 'Of boards and on the question of whether the water user.s favour an elected or appointed board.

8. The provisions regarding the assessment roll have been modi fied to include lands which are securing benefits other than for ordinary gravity irrigation. The method of classifying land as "to be irrigated" which is vital to assessment and levying of rates has been detailed and appeal provisions extended and broadened with the Alberta Assessment Appeal Board having the final de cision. 9. The sections dealing with irrigation rates have been modified to recognize possible new uses of water; and to take into account possible revenues from sources such as throughcost-sha,ring agree ments.

Penalties on arrears of rates are as recommended by the Irrigation Policy Committee. 10. The sections regarding commutation of rates as they appear in The Irrigation Districts Act are now irrelevant and provision has been made so that where there has been an involuntary de classification of land through expropriation or acquisition for uses not requiring irrigation, boards will be compensated for the result ing loss of rates. 11. The key dates in the rate enforcement provisions have been altered to meet the convenience of persons administering districts and who are affected by these actions. 12.

Some basic changes have been made as regards the water damage. Where seepage occurs compensation for all types of damage may be obtained upon suitable proof that the damage re sulted from seepage which occurred in the year in which the damage is claimed. The Public Utilities Board continues to have the responsibility of assessing these claims and may be required to make permanent and final settlements with the land owner based on the value of the land damaged. These proposals broaden the existing provisions.

In addition where water damage occurs from causes other than seepage, claims for such damage, which to a large extent were excluded by The Irrigation Districts Act, may now be successfully pursued in the courts where negligence of the board is shown. See

Part 6 of the Bill. 13. The responsibility of ensuring that water delivered or made available to a water user does not damage another person is placed on the person in actual occupation of the land. A person failing to meet that responsibility may be prosecuted and fined. See

section 185 of the Bill. 14. The involved sections of The Irrigation Districts Act which enabled 'an execution creditor to cause a special "execution rate" to be levied on the lands in the district have been replaced by simpler provisions giving the district one year to levy a sufficient rate to pay the execution before the sheriff may make a seizure of the board's property. 15. In earlier years some irrigation authorities classified lands as "to be irrigated" on the basis of there being available to them rights of delivery of water from their works across intervening lands.

These rights were then available and have since been exercised by those responsible for delivery of water. The lands have continued to have been dealt with as lands "to be irrigated". In some instances, dealings with intervening lands has raised ques tions as to the rights of boards to continue to deliver water across these intervening lands. In order to remove doubts and to ensure the uninterrupted supply of water to irrigated lands the boards' rights to continue to deliver water as it was in the past is made ii

clear by declaratory provisions of the new Act. See

section 188 of this Bill. 16. Similarly, in earlier years some boards attempted to elimin ate claims for damage caused by seepage or overflow by securing easements, or documents purporting to be easements, from the persons for the time being the registered owners of the lands. Although for several decades the documents were respected and treated as having the effect they purported to have, recent examin ations and litigation has revealed deficiencies in the manner in which some of these documents were drawn, or in the manner in which the alleged rights were registered in the land titles office, or both.

The ,result may be that the successors to the registered owners who made these instruments may now be absolved from the effects thereof. In order to give the effect which the makers in tended them to have and to avoid districts being seriously threat ened by persons seeking to take advantage of errors made many years ago, the documents are declared to be validly made and effective. See

section 189 of this Bill.

Section references in the explanatory notes are to the provisions of 'The Irrigation Districts Act that pertain to the same subject matter. The following is a table of contents of the Bill:

Definitions ................... . Existing Districts Irrigation Council and Secretariat ..

PART 1 IRRIGATION DISTRICTS ...

PART 2 THE BOARD OF DIRECTORS Constitution of the Board Appointment of Directors Eligibility of Directors .... Meetings and Conduct of Affairs ... Chairman and Officers of the Board Powers and Duties of the Board ... Exemption from Taxation .... Annual Wa ter Users Meeting

PART 3 ELECTIONS AND VOTING ON QUESTIONS Division 1 Elections ........................ . Proceedings Prior to Election Day iii

Section 2 3 4 - 6 7 - 20 21- 60 21 - 24 25 - 28 29 - 35 36 - 38 39 - 43 44 - 57 58 59 - 60 61 - 106 61- 64 65 - 75

Prohibited Election Practices .... C-onduct of Polling Proceedings at Close of Poll Recount ..... . Divisi-on 2 Submission of Question to Voters ASSESSMENT Assessment Roll Assessment Notices Court of Revision

PART 4 Appeals to Alberta Assessment Appeal Board IRRIGATION RATES

Definitions

PART 5 Imposition of Irrigation Rates and Other Charges Collection of Rates Recovery of Rates Recovery of Rates by way of Enforcement Return .. WATER DAMAGE CLAIMS

Definitions Seepage Claims Other Claims .. , GENERAL Regulations

PART 6

PART 7

Section 76 - 77 78 - 95 96 - 101 102 - 103 104 - 106 107 - 130 108 - 116 117 - 118 .... 119 - 128 129 - 130 131 - 169 131 132 - 139 140 - 147 148 - 150 151 - 168 170 - 178 170 171-177 178 179 - 189 179 Offences and Penalties .......... 180 - 185 Miscellaneous . . . . . . . . 186 - 189

PART 8 TRANSITIONAL AND CONSEQUENTIAL St. Mary and Milk Rivers Development B-ow River Development iv 190 - 197 190 191

Section Eastern Irrigation District. . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 Western Irrigation District .......................... 193 Irrigation Districts Act ............................ 194 Amendments ....................................... 195 Repeal. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 196 Commencement ..................................... 197 v

BILL 41 1968

An Act respecting Irrigation (Assented to , 1968) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1.. This Act may be cited as The Irrigation Act, 1968. 2.

(1) In this Act, 1. "assessment roll" means the assessment roll of a district; 2. Hboard" means a board of directors of an irriga tion district under this Act; 3. "capital works payment" means the portion of the irrigation rates charged against any parcel that is attributable to the cost to the board of con structing, rebuilding, replacing and rehabilitating its existing irrigation works and of constructing additional irrigation works; 4. "cost-sharing agreement" means an 'agreement, arrangement or accord entered into pursuant to clause (

I) of subsection (1) of

section 44; 5. "Council" means the Irrigation Council appointed under this Act; 6. Hdistrict" or "irrigation district" means an exist ing district or an irrigation district formed under this Act; 7. "domestic purposes" means, with reference to the use of water, household requirements, sanitation, fire prevention, the watering of domestic animals and poultry, and the irrigation of a garden not ex ceeding one acre; 8. "domestic water privilege" means the privilege of using water for domestic purposes granted pur suant to a by-law under subsection (1) of

section 51 or an agreement under subsection (2) of sec tion 51; 9. Helected" means elected as a director at a general or special election of directors under

Part 3;

Definitions. The dates in clauses (

b) to (

e) of subsection (2) refer to the commencement dates of the statutes under which the irrigation districts or developments were originally set up.

2 10. "existing district" means (

i) an irrigation district formed under The Irri gation Districts Act or its predecessors and in existence immediately before the commence ment of this Act, and (ii) the Eastern Irrigation District, the Western Irrigation District, the St. Mary River Irriga tion District and the Bow River Irrigation District; 11. "first mortgage" means any mortgage or any en cumbrance in Form 20 in the

Schedule to The Land Titles Act upon land forming part of a dis trict and which has been registered in the proper land titles office prior to the formation of the dis trict or the addition of the land thereto and which has priority over all other similar mortgages and encumbrances against the same land; 12.

"irrigation works" means any structure, device, contrivance or thing, or any artificial body of water, used or to be used by a board in exercise or performance of its powers or duties with respect to supplying, carrying or delivering water or obtain ing a supply of water or any other purpose in con nection therewith or incidental thereto, and without derogating from the generality of the foregoing, in cludes any dike, dam, weir, breakwater, drainage works, ditch, basin, reservoir, artificial lake or other artificial watercourse or body of water, canal, tunnel, bridge, culvert, crib, embankment, head work, flume, aqueduct, pipe, pump, measuring weir, floodgate, meter, and any -contrivance for carrying or conducting water, or used to deliver water, or for measuring water, or any building, telephone line or other work in any way used in or in relation to the carrying out by a board of its obligations or responsibilities to supply water; 13.

"local authority" means (

i) a city, town, village, municipal district or county, or (ii) in the case of an improvement district or special area, the Minister of Municipal Affairs, or (iii) the board of administrators of a new town, or (iv) any school corporation empowered to impose and collect taxes for its own purposes; 14. "manager" means the manager of a district; 15. "Minister" means the Minister of Agriculture; 16. "municipalitt' means t?~ land. wi~hin a city, town, new town, VIllage, munICIpal dIstrICt county or im provement district or special area; ,

17. "occupier" means the person in actual occupation of land other than the owner or purchaser thereof; 18. "owner", with reference to land, means the person registered under The Land Titles Act as the owner of an estate in fee simple in the land; 19. "parcel" or "parcel of land" means land included in a district and having the same owner and con sisting of (

i) a quarter-section, a part of a quarter-section described in a certificate of title or a surveyed lot, or (ii) lands designated as an irrigable unit by a board pursuant to subsection (2) of

section 57; 20. "predecessor of a board" means, (

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 Irriga tion District, the manager of the Bow River Development; 21. "prescribed" means prescribed by the regulations made by the Lieutenant Governor in Council; 22. "purchaser" means the last person, other than a lessee, who has, whether direct from the owner thereof or from any other purchaser, purchased or otherwise acquired land and has not become the owner thereof; 23.

"surveyed lot" means an unsubdivided unit of land the boundaries of which are shown on a settlement plan, parcel plan or any plan of subdivision regis tered under The Land Titles Act; 24. "terminable water agreement" means an agreement entered into pursuant to

section 50; 25. "water user" means (

i) the purchaser, or (ii) if there is no purchaser then the owner, of a parcel of land shown on the assessment roll of a district as containing a number of acres classified as "to be irrigated".

(2) For the purposes of clause 11 of subsection (1) and any other provision of this Act referring to the time of the formation of a district, the time of the formation of the district shall be construed, with reference to existing disricts, as (

a) the effective date of the order under The Irrigation Districts Act or its predecessors for the formation of the district, in the case of a district formed under that Act or its predecessors, 3

(

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

c) March 24, 1944, in the case of the Western Irriga tion 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 Irri gation District. Existing Districts 3. Except as otherwise provided in this Act, this Act applies to every existing district and its board in every respect to the same extent as if the district were formed under this Act. Irrigation Council 4.

(1) There shall be an Irrigation Council consisting of (

a) the Director of Water Resources, and (

b) four other members appointed by the Lieutenant Governor in Council, who shall hold office during pleasure.

(2) The Lieutenant Governor in Council may (

a) designate one of the members of the Council as chairman and another as vice-chairman, and (

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

(3) Two members of the Council constitute a quorum of the Council for the purpose of exercising its powers and performing its duties. ( 4) If the chairman is absent from any meeting, the vice-chairman shall act as chairman of the meeting.

(5) If the chairman and vice-chairman are both absent from any meeting, the members of the Council present at the meeting may designate any member present to be chair man for that meeting.

(6) An order, direction, approval or other instrument that the Council is to make may be made on its behalf by the chairman, vice-chai rman or any other member of the Council.

(7) An order, direction, approval or other instrument purporting to be signed by the chairman, vice-chairman or a member of the Council on behalf of the Council shall be admitted in evidence as prima facie proof 4 (

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

b) that the person signing it was duly authorized to do so,

3. Application of Act to existing districts.

Section 3. 4. Irrigation Council.

Section 43 in part. 4

without proof of the appointment of the person signing as a member of the Council, or his designation as chair man or vice-chairman, as the case may be, or of his sig nature. 5.

(1) The Council may (

a) advise each board on the conduct of the affairs of its district, (

b) prohibit a course of conduct proposed to be done or entered into by the board, and (

c) order a board to repeal or amend any by-law or to reverse or modify any action previously taken, where the Council considers it is in the best inter ests of the water users to do so.

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

(3) The Council is entitled to access to all records, books, documents and accounts of each board, and may require a board to supply it with any information relevant to its business and affairs or any information with respect to anything done or proposed to be done by the board.

(4) Notwithstanding anything in The Public Service Act, 1962 the Council may employ any person to perform any specialized service or to investigate any matter per taining to irrigation development or to do any work in connection with this Act and may, out of the General Reve nue Fund, pay him for his services at the rate determined by the Lieutenant Governor in Council. 6.

(1) There shall be an Irrigation Secretariat con sisting of one or more employees of the Department of Agriculture designated by the Minister.

(2) The Irrigation Secretariat is responsible to the Council and shall carry out its functions and duties under the direction and supervision of the Council.

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

a) act as secretary to the Council, (

b) keep and maintain minutes of Council meetings, and (

c) act as secretary to any special committee, board or other body established by the Government to deal with matters relating to irrigation.

(4) The functions of the Irrigation Secretariat are to (

a) establish liaison and communication among the Council, the boards of districts, special committees and . boar~s, and other persons and organizations dealIng WIth matters relating to irrigation, 5

s. Powers and duties of the Irrigation Council.

Section 43 in part. 6. Irrigation Secretariat. New. 5

6 (

b) evaluate and prepare recommendations on irriga tion policy for the Council, (

c) maintain and compile records, statistics and data for the Council and prepare and recommend regu lations and legislation relating to irrigation, (

d) prepare, publish and circulate information and material pertaining to irrigation, (

e) assist and advise the boards on administrative pro cedures, and (

I) perform any other work assigned to it by the Council.

PART 1 IRRIGATION DISTRICTS 7. Every application (

a) for the formation of any part of Alberta not in- included in a district into an irrigation district, or (

b) to change the area of a district, or (

c) for the dissolution of a district, or (

d) for the amalgamation of two or more districts, shall be made by petition to the Council. 8.

(1) A petition made pursuant to clause (a), (

b) or (

c) of

section 7 shall be signed by or on behalf of persons who are the owners of not less than three-quarters of the lands and who make up in excess of 50 per cent of the total number of owners of the lands (

a) to be included in the district to be formed, or (

b) to be included in or excluded from the district by the application for the change of area, or (

c) of the district to be dissolved, as the case may be.

(2) A petition under clause (

d) of

section 7 shall be signed by a majority of directors of the boards of each of the districts to be amalgamated.

(3) No petition for the amalgamation of two or more districts is valid unless the question as to whether the pro posed amalgamation should be made has been submitted to the water users of each district to be amalgamated in the manner set out in

Part 3 and the majority of the water users voting on the question in each district have voted in favour of the proposed amalgamation. 9. A petition under this Part shall (

a) state briefly the purpose for which the petition is made, and the reason or reasons for making it, (

b) in the case of petitions for the formation or change in area of a district, describe the parcels to be included or excluded, as the case may be, and their respective owners, (

c) in the case of petitions for amalgamation or dis solution, name the district or districts to which the petition relates, (

d) be in the prescribed form, (

e) be accompanied by a statutory declaration in the prescribed form or, where more convenient, by two or more statutory declarations in the prescribed form, (

f) be accompanied by evidence of the feasibility of the purpose for which the petition is made, and 7

GENERAL. This Part, which deals with formation, change, amalgamation and dissolution of irrigation districts, is a more detailed version of the present sections 6 to 12. Petitions will be dealt with initially by the Council and then by the Local Authori ties Board which is given jurisdiction in these matters for the first time. 7. Petition to form, change, merge or dissolve district. Petitions will be made to the Council rather than to the Minister· as under tlie present Act. 8. Requirements as to signatures on petitions. New. 9. Contents of petitions. 7

(

g) set out in the body thereof the name of an agent and the address to which all communications may be sent on behalf of all the petitioners. 10. On receipt of a petition the Council may (

a) forthwith refer it to the Local Authorities Board, (b) (

c) or refer it back to the petitioners for further evidence or particulars or with a request that it be amended in such manner as the Council may suggest and be resubmitted to the Council with the further evidence or particulars requested, or as amended, or reject the petition. 11.

(1) On receipt of a petition which has been referred back to them by the Council pursuant to clause (

b) of sec tion 10, the petitioners may (

a) resubmit the petition after complying in whole or in part with the request of the Council, or (

b) resubmit the petition without complying with the request, and in either case the Council shall forthwith refer the petition to the Local Authorities Board.

(2) Where the petitioners fail to resubmit the petition under subsection (1) within one year of the date on which it was referred back to them by the Council, the petition shall be deemed to be withdrawn. 12.

(1) After hearing the petition, the Local Authorities Board shall grant or reject the petition and shall, subject to this Part, make such order as in the circumstances it con siders just and proper.

(2) An order granting a petition may provide for (

a) the payment or giving of sec uri ty by the petitioners or any of them, or by any other person affected, of such amounts as the order prescribes, to the board of a district or to such other person or persons named in the order, for the purpose of ~qualizing the benefits received by and the burden Imposed on all parcels included in or to be included in or excluded from a district, or affected by the order, (

b) the divis.ion .or appor~io~~~nt of any rights, prop erty, oblIgatIOns or lIabIlItIes affected as it may consider proper, and (

c) any other matters incidental or pertinent to the granting of the petition . . 13. Where the Local Authorities Board grants a petition Its order ' 8

10. Council deals with petition. II. Where the petition resubmitted by petitioners to the Coun cil, it is referred to the Local Authorities Board. 12 . .order of Local Authorities Board. 13. Particular provisions of Local Authorities Board orders. 8

(

a) in the case of the formation of a new district, shall set out (

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 included in the district, (iv) the name and address of the owner and pur chaser, if any, of each parcel, and (

v) the date on which, or the event or condition upon the performance of which, the order be comes effective, (

b) in the case of a change of area of a district, may provide for the equitable refund or adjustment of payments made or to be made with respect to any parcel in respect of capital works payments, (

c) in the case of the dissolution of a district, may provide for (

i) the imposition of rates necessary for the pur pose of financing the winding-up of the dis trict, (ii) the disposal of the assets of the district an.d the distribution of the proceeds therefrom, (iii) the settlement of liabilities, (iv) the collection of rates, and (

v) the interim administration of the affairs of the board, and (

d) in the case of an amalgamation of two or more districts, may provide for (

i) directions as to the manner in which th~' pro ceedings for the formation of the new district are to be taken, or in which the amalgamation is to be carried out, (ii) the manner in which the outstanding indebted ness of the amalgamating districts is to be borne, (iii) the appointment by the Council or the election of a board of directors for the amalgamated district, (iv) the name of the district, (

v) the address of the head office of the board of the district, (vi) a description of the parcels included in the district, (vii) the name and address of the owner and pur chaser, if any, of each such parcel, and (viii) the date on which, or the event or condition upon the performance of which the order be- comes effective. ' 9

(1) Notwithstanding any other provisions of this Act (

a) where the board of a district is the owner or pur chaser of lands not included in the district, the lands may at any time be included in the district by order of the Local Authorities Board on the application of the Council, if the board requests it to do so and the consent of the purchaser from the board, if any, has been first obtained, and (

b) where the Crown in right of Alberta is the owner of lands not included in the district, the lands may at any time be included in the district by order of the Local Authorities Board on the application of the Council, if the consent of the Crown and the purchaser, if any, has first been obtained.

(2) Except as otherwise provided in this Act no district shall include or continue to include any mines or minerals. 15.

(1) Except where an order of the Local Authorities Board expressly provides otherwise, a change in area of a district does not (

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

b) affect, impair or discharge any contract, obliga tion, lien or charge for or upon which the board was or might become liable or chargeable had the change of area not been made.

(2) Except where an order of the Local Authorities Board for the dissolution of a district expressly provides otherwise, (

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

b) the board becomes trustee for its creditors, (

c) the board shall impose, collect and enforce payment of rates sufficient to pay all the debts of the board in the same manner and upon the same persons and property as in the case of irrigation rates, and (

d) where there is a balance remaining after the dis charge of all liabilities incurred under lawful au thority and all of the costs of and incidental to the dissolution, the board shall pay over the balance to the persons declared to be entitled thereto by an order of the Council or by an order of a district court judge made on the petition of the board.

(3) Where a district is dissolved, the Local Authorities Board, when satisfied that the provisions of this Act and its order relating to the dissolution have been complied with shall grant an order of release to the board of the dissolved district. 10

14. Inclusion of other lands in district. 15. Effect of ,change of area or of dissolution. 10

106. The decision of the Local Authorities Board under this Part as to the division or apportionment of any rights, property, obligations or liabilities is final and that Board may make such orders and directions as are necessary to give effect to its decision. 17.

(1) No misnomer, misdescription, omission or error in any order of the Local Authorities Board under this Part shall be construed as invalidating the order and the order may he corrected at any time by that Board.

(2) A correction made under this

section may be made effective as of the date of the original order or any sub sequent date specified in the order. 18. Upon the making by the Local Authorities Board of an order under

section 19 or 20 or an order for formation of a district, the alteration of the area of a district, the dissolution of a district or the amalgamation of districts the Council shall (

a) cause a certified copy of the order to be registered in the proper land titles office for the purpose of having noted upon each certificate of title to a parcel shown in the order that the parcel forms part of the district for the purpose of having the note removed, as the case may be, pursuant to sec tion 23 of The Land Titles Act, and (

b) cause the order to be published in the Gazette. 19.

(1) Where the Local Authorities Board makes an order for the formation of a new district or makes an order constituting a district under

section 20, and later makes one or more orders changing the area of the district, the Local Authorities Board may, at the request of the Council, make a new order for the purpose only of consolidating the or iginal and the subsequent orders.

(2) A consolidation order made under subsection (1) shall not be construed as being an order for the formation of a new district. 20.

(1) The board of each existing district shall before or as soon as possible after the commencement of this Act furnish the Council with lists of the descriptions of the parcels constituting the district according to its records.

(2) The Local Authorities Board shall, on the application of the Council and on the basis of the lists furnished under subs~ction. (1), make an order with respect to an existing distrIct OrIgInally formed by an order of the Minister , (

a) declaring that the parcels described in the order constitute the area of the district for all purposes and ' (

b) replacing and revoking the original order of the 11

1 G. Local Authorities Board decides questions of apportionment of property, etc. 17. Order to correct errors in original order. 18. Registration and publication of Local Authorities Board order. 19. Consolidation order. 20. The Local Authorities Board may make declaratory con solidation orders with respect to existing districts on the basis of lists supplied by their boards. At present, most irrigation districts were originally formed by Ministerial Order, some dating back to the early 1900's.

Two others, the Eastern Irrigation Dis trict and the Wes,tern Irrigation District were set up by special Acts but will become, on the repeal of those Acts, districts under this Bill. The St. Mary and Milk Rivers Development and the Bow River Development will become irrigation districts as well: see

Part 8 of this Bill. The object is to have all districts set up by orders of the Local Authorities Board so that they can all be dealt with on the same basis. The new orders will also declare the parcels themselves to be the district. In some of the cases at present, the district is described by reference to an outer boundary, but the parcels within the boundary mayor may not be on the assessment roll of the district. 11

Minister and all subsequent orders of the Minister changing the content of the district.

(3) The Local Authorities Board shall, on the applica tion of the Council and on the basis of the lists furnished under subsection (1), make an order with respe'ct to the St. Mary River Irrigation District, the Bow River Irriga tion District, the Eastern Irrigation District or the Western Irrigation District, declaring that the parcels described in the order constitute the district for all purposes.

(4) An order under this

section shall set out the same matters referred to in clause (

a) of

section 13, as in the case of the formation of a new district.

(5) An order under this

section shall not be construed as being an order for the formation of a new district. ( 6 ) Where an order is made under this section, the area declared by the order to constitute the district is the area of the district notwithstanding anything in The St. Mary and Milk Rivers Development Act, 1950, The Bow River Development Act, The Eastern Irrigation District Act or The Western Irrigation District Act, as the case may be. 12

PART 2 THE BOARD OF DIRECTORS Constitution of the Board 21. Every irrigation district shall have a board of di rectors. 22.

(1) The members of the board of directors of a dis trict are a corporation under the name of the "Board of Di rectors of the (na'ming the district) Irrigation District".

(2) The board is a continuing body notwithstanding any election or appointment or any vacancy or vacancies occur ring from time to time. 23.

(1) The number of members of a board of directors may be fixed by a resolution passed at a meeting of water users of the district and approved by the Council.

(2) Unless otherwise fixed by a resolution approved un der subsection (1), the board shall consist of (

a) three directors, where the assessment roll of the district shows 90,000 acres or less classified as "to be irrigated", or (

b) five directors, where the assessment roll of the dis trict shows n10re than 90,000 acres but less than 200,000 acres classified as "to be irrigated", or (

c) seven directors, where the assessment roll of the district shows 200,000 acres or more classified as "to be irrigated".

(3) A resolution approved under subsection (1) or a change in the number of acres shown on the assessment roll of a district to be classified as "to be irrigated" does not (

a) affect the right of any elected directors to continue as directors for the terms for which they were elected, or (

b) entitle the Council to appoint additional members to a board consisting wholly of elected members where the change in the assessment would other wise require an increase in the number of directors by virtue of subsection (2).

(4) Where no resolution has been approved under sub

section ( 1) and the board consists wholly or partly of elected members, the number of directors to be elected at the next general election shall be determined under sub section (2) on the basis of the number of acres classified as "to be irrigated" in the assessment roll as of the first day of January preceding the general election.

(5) Where a board consists wholly or partly of elected members, a resolution approved under subsection (1) ap- 13

21. Board of directors. At present, districts have "boards of trustees" . New. 22. The board is a corporation.

Section 13 (1) (a). 23. Number of directors. New. 13

plies only for the purpose of determining the number of directors to be elected at subsequent general elections of di rectors. 24. Except as otherwise provided in this Act, a board shall consist of elected members. Appointment of Directors 25.

(1) The Council shall appoint the first board of di rectors of a district formed under

Part 1 and designate one of them as chairman and another as vice-chairman.

(2) Except as otherwise provided in this Act, the Council may prescribe the term of office of any director appointed by it. 26.

(1) Where the Council is satisfied, on the basis:of an examination and inspection of a board's affairs or on the basis of any other source of information available to it, that (

a) the board has defaulted on the payment of any of its liabilities, or (

b) the board is not complying with this Act and that the failure or the continuance of the failure to so comply is or may be prejudicial to the interests of the water users or the board's creditors, or (

c) there exists with respect to the boards or the dis trict any state of affairs of a serious nature that is or may be prejudicial to the interests of the water users or the board's creditors, the Council may dismiss the board.

(2) Where a board is dismissed under subsection (1), the Council shall (

a) appoint a new board, or (

b) appoint some of the members of the board and direct that the remaining number of members are to be elected, and shall designate one of the members as chairman and another as vice-chairman.

(3) Where the Council directs that one or more members of the board are to be elected, 14 (

a) it shall give directions as to the holding of the first election, the term of office of the directors elected at that election and as to the holding of subsequent elections, and (

b) S~?j ect to th~ directions of the Council, the pro VISIOns of thIS Act relating to general elections of directors apply to the first and subsequent elec tions of the director or directors to be elected pur suant to this section.

24. Election or appointment of directors. New. 25. Appointment of board of a newly formed district. New. 26. Dismissal and replacement of a board of directors in special 'Circumstances. The Bill does not provide for the appointment of an official trustee ,as the present Act does in

section 70. Where a district is presently administered by an official trustee, he will be replaced by an appointed board. 14

(1) Subject to subsection (2), the Council shall appoint a person as a director of a board where a vacancy occurs on the board by reason of (

a) the death, incapacity or resignation of a director, or (

b) a declaration by the court that a member of the board never was or ceased to be qualified as a director, or (

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

d) the failure to nominate any candidate for director for an electoral division, where the nomination and election for directors is by electoral divisions.

(2) Where a vacancy occurs on a board (

a) by reason of any circumstances mentioned in clause (

a) or (

b) of subsection (1) before the first day of June in the year prior to the year in which a gen eral election is required to be held, or (

b) by reason of any circumstances referred to in clause (

c) or (

d) of subsection (1), the Council may, in lieu of appointing a director, give direc tions to the manager for the holding of a special election to elect a director to fill the vacancy and may appoint a director to hold office until the special election is held.

(3) A director elected at a special election holds office until the commencement of the first regular meeting of the board of directors after the next general election of directors. 28.

(1) Where the Council appoints a director who is an employee of the Government, the Lieutenant Governor in Council may by order direct a board to pay the amount fixed by the order to the Government.

(2) The Lieutenant Governor in Council, in fixing the amount payable by the board, shall have regard to the cost to the Government in furnishing the services of the em ployee and his travelling and other expenses incurred in carrying out his duties as a director.

(3) An order under this

section shall be made only with respect to a full calendar year during which the employee has been an appointed director.

(4) An amount fixed by an order under this

section is a debt owing by the board to the Government. Eligibility of Directors 29. A person is not qualified to be elected as or remain as an elected member of the board of a district unless he is (

a) a water user of the district, (

b) at least 21 years of age, 15

27. Election or appointment to fill a vacancy.

Section 39. 28. Amount charged to a board by the Government to cover the costs of providing a Government employee as an appointed director. New. An appointed director who is also a Government employee is not entitled to be paid director's fees or expenses by the board: see s'ection 46 of this Bill. 29. Qualifications of elected directors.

Section 24. 15

(

c) able to read and write in the English language, (

d) a resident of Alberta, (

e) not indebted to the district for any amount shown on the collector's roll for more than one calendar year immediately preceding the year in which he is elected, (

I) in a district in which there are electoral districts, a wa ter user in respect of land in the electoral dis trict for which he is elected, where the election of directors is to be or was by electoral districts, and (

g) not otherwise disqualified under

section 30 or 31. 30.

(1) A person is not qualified to be elected or ap pointed or to remain a member of the board of a district at the same time as he (

a) is a party to a subsisting contract with the board of the district under which money of the district is payable or may become payable for any work, ser vice, matter or thing, or (

b) has a pecuniary interest, whether direct or in direct, in any subsisting contract with the board under which money of the district is payable or may become payable for any work, service, matter or thing. (2) Subsection (1) does not apply to a person by reason only 16 (

a) of his being a shareholder in a corporation having a contract or dealings with the board, (

i) unless he holds or there is held by himself and his spouse, parents, children, brothers and sisters, more than 25 per cent of the issued capital stock of the corporation, or (ii) unless the contract or dealings are for the build ing, construction or repair of the irrigation works of the district, or (

b) of his purchasing or leasing land from the board, or ( c) .of his s~lling or leasing to the board, land or any Interest In land that the board is empowered to ex propriate, or (

d) of his entering into an agreement referred to in

section 50, 51, 53 Or 54 with the board, or (

e) of the sale of goods, merchandise or services to the board or to persons contracting with the board and made at competitive prices by a dealer in those goods, merchandise or services incidental to and in the ordinary course of his business, or (

I) of the receipt by him of fees or allowances paid by

30.· Disqualification ·of member on board.

Section 25 in part. 16

the board under a by-law made pursuant to

section 46, or (

g) of his being a member of a co-operative association. 31. A person is not qualified to be elected or appointed or to remain a member of the board if he (

a) is convicted under this Act of making a false state ment in his acceptance of nomination, or (

b) is convicted of an indictable offence, until a period of three years has elapsed after his conviction, or (

c) makes use of specific information gained through his position as a member of a board and not avail able to the public generally to make a personal profit either directly or indirectly, or (

d) absents himself, without being authorized by re solution of the board to do so, from the meetings of the board for three consecutive meetings of the board. 32. A member of the board (

a) who holds, enjoys, undertakes or executes a con tract or agreement, the holding, enjoying, under taking or executing of which disquahfies him by

section 30 from becoming or remaining a member of the board, or (

b) who acts as surety for an officer or employee of the board, is guilty of an offence and liable on

summary conviction to a fine of not less than $10 and not more than $500. 33.

(1) A member of a board ceases to be qualified to remain a member of the board if he fails to comply with subsection (2) or (3).

(2) A member of the board shall not vote in the board (

a) on any question (

i) affecting a private company of which he is a shareholder, or (ii) affecting a public company in which he holds more than 1 per cent of the number of shares issued, or (iii) affecting a partnership or firm of which he is a member, or (iv) affecting a company of which he is a director, or (

b) on a contract for the sale of goods, merchandise or services to which he is a party, or (

c) on a question affecting his selling or leasing of land or interest in land to the board, or (

d) on any question in which he has a direct or indirect personal interest. 17

31. Disqualification of directors.

Section 25 in part. 32. Penalty for holding contract, etc.

Section 26. 33. Disqualification of director by reason of voting on a matter involving his personal interest. New. 17

(3) When a member of a board is not entitled to vote by virtue of subsection (2), he shall so declare before discus sion of the question and shall not participate in the debate and the abstention shall be recorded. 34.

(1) Where a maj ority of the board has reasonable grounds to believe that a director is not qualified to remain as a director by reason of anything in sections 29 to 33, it may pass a resolution stating the grounds for the dis qualification and demanding the resignation of the director concerned.

(2) If the director concerned does not resign or refuses to resign, the board shall make an application to the Supreme Court pursuant to

section 35 by way of originating notice returnable within 30 days of the date on which the resolu tion was passed. 35.

(1) A water user or, subject to

section 34 a board, may apply to the Supreme Court by way of originating notice of motion for a declaration that a director never was or has ceased to be qualified as a director.

(2) Upon hearing the application and the evidence ad duced before him the judge (

a) may, by order, declare the director to be dis qualified, or (

b) refuse the order, with or without costs.

(3) Where a judge declares a director to be disqualified, his seat on the board becomes vacant.

(4) Where a judge declares a director disqualified for a breach of clause (

c) of

section 31, he may order the dis qualified director to pay the total amount of any profit so made to the board.

(5) Where a person is declared disqualified pursuant to this

section and appeals therefrom, he remains disqualified until the final determination of the appeal.

(6) If on the final determination of the appeal the dis qualification is set aside 18 (

a) the Court shall reinstate the director for any un expired portion of the term of office for which he was elected and require any person who was elected to fill the unexpired portion of that term to vacate his seat on the board, and (

b) if the term of office for which the member was elected has expired, he shall not be reinstated but h.e is eligible to be elected at the next electi~n of dIrectors, if otherwise qualified.

(7) A person having been a director

34. Resolution to demand resignation of disqualified director. New. 35. Court proceedings to disqualify a director. New. 18

(

a) who resigned as a director by reason of being disqualified, or (

b) was declared by the judge to be disqualified, is not eligible to be elected or appointed or to remain as a member of the same board until the expiry of five years after the date on which he resigned or was declared dis qualified.

(8) A person having been a director at a time when he was disqualified as a director because of any matter or thing mentioned in sections 29 to 33 but (

a) who did not resign as a director, or (

b) who was not declared disqualified by a judge, because of that matter or thing is not eligible to be elected or appointed or to remain as a director until the expiry of five years after the date on which he ceased to be qual ified because of that matter or thing. Meetings and Conduct of Affairs 36.

(1) Except as provided in this or any other Act, a board may exercise and perform the powers and duties im posed or conferred on it by resolution.

(2) Where by this or any other Act a by-law of the board is required (

a) the by-law shall be given three readings before its final passing, and (

b) not more than two readings shall be given thereto at anyone meeting.

(3) No by-law of a board is valid unless it is approved by the Council.

(4) A copy of a by-law and purporting to be under the seal of the board and to be certified as a true copy by the manager and a director, shall be admitted in evidence as prima facie proof of its final passing and of the contents thereof, without proof of appointment or election of the persons signing it or of their signatures.

(5) A by-law finally passed by the board and approved by the Council is valid and binding notwithstanding any want of substance or form in the by-law, in the proceedings prior to passing it or in the time and manner of passing it. 37.

(1) A majority of the directors constitutes a quo rum at a meeting of the board.

(2) The chairman of a meeting of the board may vote as a member of the board on all matters.

(3) Any question on which an equal number of votes is cast for and against shall be deemed to be decided in the negative. 19

3G. Resolutions and by-laws. New. 37. Voting at board meeting.

Section 32. 19

(1) The board shall hold a regular monthly meeting on a fixed date at its head office, or at such other place of which the directors shall be notified by the manager.

(2) The Council may from time to time give directions with respect to the times of meetings of a board other than regular monthly meetings and the notice required there for.

(3) A special meeting of a board may be called at any time and place by the chairman or by at least two of the directors and notice thereof shall be given by the manager to each director.

(4) The notice of the special meeting shall sp,ecify the business to be transacted, and no business other than that specified in the notice shall be transacted at the special meeting unless all the directors are present and consent thereto.

(5) The meetings of a board shall be open to the public.

(6) The assessment roll, the collector's roll, enforcement returns, the minutes of board meetings, all agreements made by the board and all accounts and books of account of the board shall be open to public inspection during busi ness hours.

(7) The board may appoint committees consisting of two or more of its own members for the purpose of study ing or investigating, or advising the board on, any matter. Chairman and Officers of the Board 39. (1) vVhere the board consists wholly or partly of elected members, the board shall (

a) at the first meeting of the board held after a gen eral election of directors, and (

b) in any year in which there is no general election, after the first meeting thereof held after the an nual meeting of water users, elect one of its number as chairman of the board and an other as vice-chairman.

(2) In the absence of the chairman from any meeting of the board, the vice-chairman shall be chairman of the meeting.

(3) In the absence of the chairman and the vice chairman from any meeting of the board the remaining directors present may elect one of their members to be the chairman of the meeting.

(4) At the same meeting at which a chairman is ap pointed ~nder subsection (I)! or as soon thereafter as may be pr~cbcable, the .board, WIth the prior approval of the CouncIl, shall appoInt a manager for the district and an acting manager. 20

38. Board meetings.

Section 31. 39. Selection of chairman, district manager and district engin eer.

Section 29 in part. 20

(5) The manager may appoint a district engineer who is acceptable to the board and registered as a professional engineer under The Engineering and Related Professions ~4ct.

(6) The board shall prescribe the terms of employment of the officers and employees of the board and fix their salary rates in accordance with a schedule.

(7) The board shall acquire and at all times maintain a bond with a bonding company or insurance company for the indemnification of the board in the event of loss to it by reason of the fraudulent or criminal act of the manager and any other officers or employees of the board that the board may require to be covered under the bond. 40. The chairman of the board shall (

a) preside over all meetings of the board when he is present, and (

b) communicate from time to time to the board all information and recommend such measures as he considers will better the finances, operations and interests of the board and the water users. 41.

(1) The manager of the district (

a) has the powers and duties conferred or imposed upon him by the board in addition to those con ferred or imposed upon him by this Act, (

b) has the supervision of, and is responsible to the board for, the conduct and management of the affairs and business of the board, (

c) shall report to the board as to the affairs and busi ness of the boa.rd at each regular meeting thereof, confer with and advise the board with respect thereto and furnish the board or any member there of with any information which may be required as to the affairs and business of the board, (

d) shall supervise and direct the conduct of all of ficers and employees of the board, (

e) shall, on behalf of the board and subject to its directions, hire and dismiss all officers and em ployees of the board, and (

I) subject to the other provisions of this Act, shall give effect to the recommendations and directions of the board as to the conduct of the affairs and business of the board.

(2) The manager shall (

a) collect, receive and safely keep all moneys belong ing to the board, (

b) daily or as often as the board may direct, deposit all moneys received by him to the credit of the proper fund of the board in a chartered bank , 21

40. Powers and duties of chairman. New. 41. Powers and duties of the district manager. New. 21

treasury branch or other institution designated by the board, (

c) submit for the consideration of the board all accounts and charges against the board, (

d) pay all accounts and jointly with the chairman or any other director or officer appointed by the board, sign all cheques, (

e) give or cause to be given receipts for all moneys received by him on behalf of the board, (

I) keep in a cash book or such books of record as the auditor prescribes, a complete and detailed record of all the financial transactions of the board, (

g) keep on file vouchers of expenditures, (

h) prepare before the 15th day of each month a state ment of moneys received during the previous month and the disposition thereof and submit the state ments to the board at its next meeting, (

i) when called for by the board or its auditor or comp troller, produce all books, vouchers, papers and money belonging to the board and deliver them to his successor or such other person as the board may direct upon his ceasing to hold office, and (

j) complete and make ready for the auditor within three months after the close of the board's fiscal year the books and accounts of the immediately pre ceding fiscal year and prepare or cause to be pre pared the annual financial statement.

(3) The manager may, with the consent of the board, delegate any of his duties under this Act to some other officer or employee of the board. 42. Unless otherwise provided by a by-law, the fiscal year of a board is the calendar year. 43.

(1) The books and records of the board are at all times subject to examination and audit by the Provincial Auditor or his nominee and by such other persons as the Lieutenant Governor in Council may authorize in that behalf.

(2) The Provincial Auditor shall be the auditor of a board, unless the Lieutenant Governor in Council appoints some other person to be auditor of the board.

(4) Where the Provincial Auditor or his nominee is the auditor of a board, the board shall pay to the Govern ment fees for his services at the rates fixed by an order of the Lieutenant Governor in Council. 22

(5) The auditor of the board may (

a) prescribe the manner in which the books of ac count and other financial records are to be kept, (

b) give directions as to the system of accounts used, and

42. Fiscal year of board. 43. Appointment and powers of auditor.

Section 30 in part. 22

(

c) prescribe the form of the annual financial state ment, the monthly statements to be submitted by the manager to the board and any other records pertaining to the finances or accounts of the board. Powers and Duties of the Board 44.

(1) The board (

a) is responsible for the operation, maintenance and administration of the irrigation works of the dis trict and has all powers as are necessary or inci dent~l to the carrying out of that responsibility, (

b) may construct and replace irrigation works and repair, extend, alter, modify, dismantle or abandon any irrigation works, (

c) may manage, improve, cultivate and carryon farm and agricultural operations on any or all of the lands held by it, (

d) may enter into agistment agreements, (

e) may act as a carrier of water to be used within or outside the district for any purpose and use its irrigation works for that purpose, (

I) may enter in arrangements, agreements and ac cords with the Government of Canada, the Govern ment of Alberta or one or more local authorities, or with any comb ina tion thereof, for the sharing of costs of constructing, replacing, extending, altering, modifying, dismantling or abandoning any irrigation works or for sharing costs for any other purposes, (

g) may establish guarantee and pension funds for the officers and employees and former officers and employees of the board, and the dependants of those persons, and providing for the making of contribu tions thereto out of moneys belonging to the board, (

h) may enter into group insurance contracts to pro vide any type of insurance coverage for its officers and employees and former officers and employees and may provide for the making of contributions to the premiums payable thereunder out of moneys belonging to the board, (

i) may purchase and sell to a water user any equip ment necessary for his farming operations or make loans to a water user to enable him to purchase equipment or hire labourers necessary for his farm ing operations, (

j) may enter into an agreement with a water user providing for the use of the board's machinery or ~quipm.ent ~Y the water 1!ser fo! the purpose of Im~r.o"ylng hIS .land or for Impr?VIng the irrigation facIh tIes on hIS land, and prOVIding the servces of employees of the board for those purposes, and 23

44. Powers and duties of board.

Section 13 in part. 23

(

k) may enter into any agreement or do any act in connection with or incidental to the performance or carryng out of its rights, responsibilities and obligations.

(2) No money received by a board under an arrange ment, agreement or accord made pursuant to clause (

I) of subsection (1) shall be expended at any time without the prior approval of the Council. 45.

(1) The board may generally carryon the functions of a supplier of water for irrigation purposes and is re sponsible for the supply and distribution of water to the water users of the district in accordance with the by-laws.

(2) The board may make by-laws (

a) regulating the supply and distribution of water to water users, and (

b) providing for the conditions under which the sup ply of water to any parcel may be stopped. 46.

(1) A board may, subject to this Act, make by laws (

a) governing the conduct of its proceedings, the call ing of meetings and appointment of committees, (

b) providing for the remuneration to be paid to directors as fees or for travelling expenses, and (

c) generally, as the interests of the board or the water users may require.

(2) No remuneration shall be paid pursuant to a by-law under clause (

b) of subsection (1) to a director appointed by the Council who is an employee of the Government.

(3) A by-law under clause (

b) of subsection (1) shall not provide for remuneration to directors (

a) for fees in exc€ss of the scale of fees fixed by the Council for attendance at board meetings or meet ings of committees of the board and for being engaged in the necessary business of the board at the direction of the board, or (

b) for travelling expenses in excess of the scale of travelling expenses fixed by the Council. 47.

(1) The board may by by-law authorize the man ager to borrow money on behalf of the board and on the credit of the board for the purpose of meeting the board's obligations as the~ become ?ue, but t~e amount of moneys borrowed under thIS subsectIOn from hme to time shall not exceed in the aggregate the estimated amounts of the ac counts receivable of the board.

(2) A board may by by-law authorize the manager to borrow money on behalf of the board upon such terms as the Council may approve 24

45. Functions of board as a supplier of water to water users. New. 46. By-laws governing meetings and remuneration of directors. New. 47. Borrowing powers. 24

(

a) to pay any expenses inc~rre.d in connectio~ w~th the formation of the dIstrIct, the organIzatIon thereof, the preparation of the assessment roll, the classification of lands in the district, and any ex penses incidental thereto, (

b) to pay for the construction, replacement, repair, extension, alteration, modification, dismantling or abandonment of irrigation works, (

c) for financing and carrying out work required under any agreement entered into by the board with the approval of the Council, (

d) to provide money for loans made under clause (

i) of subsection (1) of

section 44, and (

e) for any other purpose approved by the Council.

(3) Any moneys borrowed pursuant to any by-law under this

section shall be a charge on future revenues of the district.

(4) The Government may guarantee the repayment of all or any portion of the moneys borrowed from time to time under this

section by a board. 48.

(1) The board has the power and capacity (

a) to acquire, hold, sell and otherwise deal in securi ties and other personal property of every nature and kind or any interest therein, and (

b) subject to subsection (2), to acquire, hold, sell and otherwise deal in any estate or interest (

i) in any land wi thin the district, (ii) in any land inside or outside the district re quired or held for the purpose of irrigation works, and (iii) with the consent of the Council, in any other land outside the district.

(2) Notwithstanding any return, order, certificate of title or other document conveying or inducing title, no mines and minerals are acquired or have been acquired at any time on and after December 1, 1925 by a board (

a) by any expropriation or rate enforcement pro ceedings under this Act, The Irrigation Districts Act or The Lethbridge Northern Rates Enforce- 1nent Act, or (

b) by any other acquisition of lands unless the docu ment conveying the lands describes the mines and minerals ther€by conveyed to the board. 49.

(1) The board may pass a by-law for the expropri ation of any estate or interest in (

a) any land wherever situated that is required for or in connection with the construction replacement extension, alteration, modification,' dismantling: 25

48. Powers and capacities as to .property. Sections 5, 13 (1) (

a) and 17. 49. Expropriation of land.

Section 186. 25

abandonment, operation or maintenance of irriga tion works of the board, or (

b) any land wherever situated that is required (

i) for the purpose of avoiding future claims for damage, or (ii) as a site for any buildings to be used for the purposes of the board, or (iii) for the purpose of a road to provide access to any irrigation works of the board, or (iv) for the purpose of a road to provide access to land that has become inaccessible from a high way or usable road allowance by reason of the construction of any irrigation works by the board, or (

c) any land with respect to which a claim for damages has been made against the board arising out of the construction, replacement, extension, alteration, modification, dismantling, abandonment, operation or maintenance of irrigation works of the board.

(2) Parts III and IV of The Expropriation Procedure Act apply to expropriations under this section. 50.

(1) The board may enter into an agreement with a water user for the supply of water for irrigation pur poses to that part of the water user's parcel classified in the assessment roll as "other acres" either in addition to or in lieu of supplying water to that part of the parcel classified as "to be irrigated".

(2) The board may enter into an agreement with an owner, purchaser or lessee of land outside the district to supply water to that land for irrigation purposes.

(3) An agreement shall not be entered into under sub section (2) with a lessee of land except with the consent of his lessor.

(4) Where an agreement is entered into under sub section (2) the land that is the subject of the agreement shall be added to the assessment roll and classified as "other acres".

(5) An agreement under this

section shall provide that it is terminable at the option of either party on the giving of not more than one month's notice.

(6) Where the board terminates an agreement under subsection (2) on or before the 15th day of October in any year, no special rates are payable to the board for that year under the agreement.

(7) Where the holder of an agreement under subsection (2) terminates the agreement on or after May 1st in any year, special rates are payable under the agreement for that year unless the agreement otherwise provides. 26

so. Terminable water agreements to supply water to land classified as "other 'acres". 26

(1) Subject to the payment of charges therefor under this Act, (

a) all water users of the district, and (

b) all persons who are the holders of terminable water agreements, have the privilege of using for domestic purposes any water supplied to them for irrigation purposes.

(2) The board may, on the application of an owner, purchaser or lessee of land inside or outside the district, enter into an agreement granting to the applicant the privilege of using for domestic purposes on his land any water from the irrigation works of the board that can be used on that land by him.

(3) An agreement under this

section may be upon such terms and conditions as a board prescribes and is terminable by either party upon giving notice of termi nation.

(4) An agreement shall not be entered into under sub section (2) with a lessee of land excep,t with the consent of his lessor.

(5) Where an agreement is made under subsection (2) in respect of land outside the district, the land shall be added to the assessment roll of the district for the duration of the privilege, if it is not already on the roll by virtue of subsection (4) of

section 50.

(6) No person shall use for domestic purposes any water· in or supplied from the irrigation works of a board unless he has the privilege of doing so under subsection (1) or under an agreement made pursuant to subsection (2).

(7) A person who contravenes subsection (6) is guilty of an offence and liable on

summary conviction to a fine of not more than $500. 52.

(1) A board may, with the consent of the Council, enter into an agreement (

a) with any person to supply water for commercial or industrial purposes, or (

b) with a local authority to supply water for any purpose.

(2) An agreement under this

section is invalid unless it is a condition of the agreement that the other party become the holder of an interim licence or licence under The Water Resources Act before water is supplied by the board under the agreement. 53.

(1) A board of a district may enter into an agree ment with a water user providing for (

a) the sloping, levelling and preparation of the water user's. land for irrigation purposes and the con struction of such drainage systems and water 27

51. Domestic water privileges.

Section 60 in part. 52. Agreement to supply water for municipal, industrial or commercial purposes. New. 53. ,Land development .agreements with water users.

Section 13a. 27

control structures as are necessary for the purpose of irrigating or draining the land, (

b) the financing and carrying out of the work, and (

c) the terms of repayment to the board.

(2) An agreement shall not be made under this

section unless the board first passes a by-law authorizing it to do so.

(3) Where default is made in the making of any pay ment to the board unrler an agreement made pursuant to this section, the amount in arrears may be recovered in any manner that irrigation rates may be recovered. 54.

(1) A board of a district may enter into an agree ment with a water user or any other person providing for (

a) the construction by the board of special irrigation works for the particular benefit of a parcel or land although not of benefit to the district as a whole, (

b) the financing and carrying out of the work, and (

c) the terms of repayment to the board for the cost of construction and, if the board so requires, the costs of repairing and maintaining the special irri gation works.

(2) An agreement shall not be made under this

section unless the board first passes a by-law authorizing it to do so.

(3) Where default is made in the making of any pay ment to the board under an agreement made pursuant to this section, the amount in arrears may be recovered in any manner that irrigation rates may be recovered. 55.

(1) Where a parcel of land or a part thereof be comes inaccessible from a usable road allowance because of the construction of any irrigation works by the board, the board may pass a by-law authorizing the expenditure of any moneys necessary to provide a bridge, culvert or other similar means of access to the parcel of land or part thereof which has been so made inaccessible.

(2) A by-law under subsection (1) shall provide that the board shall make any subsequent expenditures that may be required from time to time to rebuild the bridge, culvert or other similar means of access when rebuilding is necessary.

(3) The owner of the parcel of land or part thereof served by a bridge, culvert or similar means of access con~tructed pursuant to a by-law under subsection (1), or, In the event that the parcel or part thereof is the subject of an agreement for sale, then the purchaser thereof shall be responsible for the repair and maintenance of the bridge culvert or similar means of access. ' 28

54. Agreement for special irrigation works.

Section 61. 55. Construction of means of access to land cut off by irrigation work. 28

56. Whenever in the opinion of the board (

a) a ditch that is part of the irrigation works of the board is likely to be obstructed or otherwise injured by soil drifting or blowing into it, and (

b) the occupier, or if there is no occupier, the owner, of the land has failed to take reasonable precau tions to prevent the drifting or blowing, the board, without permission from any person and without any liability, may enter upon the land and upon so enter ing shall take all reasonable steps upon the land to prevent or lessen the drifting or blowing. 57.

(1) In this section, "irrigable unit" means land in a district having the same owner and consisting of (

a) a quarter-section, a part of a quarter-section des cribed in a certificate of title or a surveyed lot, or (

b) lands designated as an irrigable unit by the board pursuant to subsection (2).

(2) The board may by resolution designate as an "irriga ble unit" any lands in the district consisting of two or more quarter-sections, parts of quarter-sections or surveyed lots or any combination thereof which have a common boundary or have a common boundary separated only by a road allowance where (

a) the lands have a common owner, and (

b) the whole or any part of the lands are classified on the assessment roll of the district as "to be irrigated" and are or can be irrigated as a unit from the existing irrigation works of the board. (3) 'The board may file with the Registrar of Titles for the land registration district in which the land is situated a certified copy of the resolution under subsection (2) de~ignating the irrigable unit and shall notify the reg istered owner concerned of the resolution and the provi sions of this section.

(4) Upon the filing of a resolution under subsection (3), the Registrar of Titles shall endorse upon every cer tificate of title to the land affected by a resolution under subsection (2) a notice that the land is designated as or as part of an irrigable unit and that this

section applies in respect of that land.

(5) No instrument given by the registered owner or any other person owning any estate or interest in an irri gable unit and purporting to transfer, sell, agree to sell, lease, sublease, mortgage, encumber or otherwise deal with a part only of the irrigable unit is valid or effective until the instrument is consented to by the board and a memo randum of the board's consent is endorsed on or annexed to the instrument. (6) Subsection (5) operates in respect of an irrigable up.it created by a !esolution of the board only upon the fIlIng of the resolutIon pursuant to subsection (3). 29

56. Entry of land to prevent damage by drifting or blowing soil.

Section 196. 57. Designation as irrig1able unit. This combines

section 31 of The Land Titles Act and

section 13b of the present Act. 29

(7) The consent of the board under subsection (5) may be made subject to such terms and conditions as the board may prescribe but in any case the consent shall be deemed to be subject to the following conditions, namely, (

a) that the cost of extending the works of the board to any part of the irrigable unit or the cost of providing for the continued irrigation or drainage of any part of the irrigable unit from the existing works of the board is to be borne by the person giving the instrument unless the board waives the condition or unless the parties to the instrument otherwise agree, and (

b) that no change is to be made in the classification on the assessment roll of any land in the irrigable unit unless the board otherwise agrees. (8) Subsection (5) does not apply where the instrument under which the person giving the instrument transfers, sells, agrees to sell, leases, subleases or otherwise deals with any estate or interest in part only of the irrigable unit that the person in whose favour the instrument is given is empowered to expropriate. Exemption from Taxation 58.

Notwithstanding anything in any other Act and except as otherwise provided in this Act, the property of a board is exempt from assessment and taxation under or pursuant to any Act of the Province. Annual Water Users' Meeting 59.

(1) The board of each district shall hold an annual meeting of water users.

(2) The district manager shall send a notice of the meeting by mail to each water user of the district and shall cause a notice of the meeting to be published once in a newspaper of general circulation in the district.

(3) The notice sent or published under subsection (2) shall be in the prescribed form or in any other form ap proved by the Council.

(4) The meeting shall be held not later than the 30th day of April and the notice of the meeting shall be mailed and published at least 10 clear days before the date fixed for the meeting. 60. There shall be presented at each annual meeting of water users (

a) the report of the chairman on behalf of the board (

b) the report of the manager. and ' (

c) the report of the auditor of the board. 30

58. Exemption of board's propevty from taxation.

Section 27 (1). 59. Annual meeting of water users.

Section 33. 60. Reports at annual meeting.

Section 34. 30

PART 3 ELECTIONS AND VOTING ON QUESTIONS DIVISION 1 Elections 61.

(1) Except as otherwise provided in sections 62 and 63, a general election of directors shall be held in each district in the year following the commencement of this Act and in every third year thereafter.

(2) In each year in which a general election of directors is required to be held under this section, the election shall take place on a date fixed by a by-law of the board that is prior to the first day of June in that year.

(3) Where, at the commencement of this Act, the board consists wholly or partly of elected members, the terms of office of the elected members expires at the commencement of the first regular monthly meeting of the board of direc tors elected at the first general election of directors held after the commencement of this Act, notwithstanding that they were elected for a longer term. '62.

(1) Where the board of a district consists wholly or partly of elected members then, subj ect to

section 63, no subsequent general elections of directors shall be held where, on or before the first day of March in the year in which an election would otherwise be required to be held, a vote is taken under Division 2 of this Part on the ques tion of whether or not the water users wish to have an appointed board and the majority of the water users voting on the question vote in favour of having an appointed board.

(2) Where the majority of the water users voting on the question vote in favour of having an appointed board (

a) the Council shall appoint a new board to assume office on the retirement of the existing board under clause (b), and (

b) the existing board shall retire from office on the day fixed by the Council for that purpose. 63.

(1) Where the board of a district at any time con sists entirely of members appointed by the Council no general elections of directors shall be held unless ' (

a) a poll is taken on a question submitted to the water users as to whether they wish to have an elected board or an appointed board, (

b) the Council approves or requests the taking of the vote, (

c) the majority of water users voting on the question vote in favour of having an elected board, and 31

01. General election of directors every three years. New. The present Act ,calls for annual elections. 62. Vote of water users to haV'e ,an appointed board instead of an elected board. New. 63. Voting of water users to have an elected board instead of an appointed board. New. 31

(

d) the Council approves of having an elected board.

(2) Where the majority of the water users voting on the question vote in favour of having an elected board and the Council approves of having an elected board, (

a) a general election of directors shall be held on the day fixed by the Council for that purpose, (

b) the existing board ceases to hold office at the commencement of the first regular monthly meet ing of the new board held after the election, and (

c) subsequent general elections of directors shall be held in the years prescribed in subsection (1) of

section 61, unless the Council otherwise directs. 64.

(1) The manager of the district shall be the return ing officer for an election of directors.

(2) In the event that there is no manager, the Council shall appoint a returning officer. Proceedings Prior to Election Day 65.

(1) The board may pass a by-law prescribing the period during which the polling places shall be open on the day of an election of directors which shall be a period of at least six consecutive hours comencing not earlier than 7 o'clock in the forenoon and expiring not later than 8 0' clock in the afternoon.

(2) In the absence of a by-law under subsection (1) the polling places shall be open on the day of the election from 10 o'clock in the forenoon until 8 o'clock in the after noon. 66.

(1) A board may pass a by-law in accordance with this

section dividing the district into electoral divisions, describing the boundaries of each electoral division and giving each electoral division an identifying name or num ber.

(2) The number of electoral divisions shall be the same as the number of directors to be elected.

(3) The electoral divisions shall, in so far as is practical having regard to the location of the works and the circum stances in the district, contain SUbstantially the same number of water users. 32

(4) The by-law may provide for (

a) the nomination of directors by electoral divisions, and (

b) the election of directors (

i) by electoral divisions, by vote of the water users who are qualified to vote in the respec tive electoral divisions, or (ii) by vote of the water users of the entire district.

64. Manager to be returning officer. 65. Hours of polling. New. 66~ By-law providing electoral divisions. New. 32

(5) Where a by-law under this

section provides for the election of directors by electoral divisions as provided in subclause (

i) of clause (

b) of subsection (4) (

a) a water user shall vote in the electoral division in which he has land classified on the assessment roll as "to be irrigated", but (

b) if he has land classified in the assessment roll as "to be irrigated" in more than one electoral divi sion, the water user shall vote in the electoral division in which he has the largest number of acres classified on the assessment roll as 'to be irrigated" .

(6) Notwithstanding that the by-law provides for the nomination or election of directors by electoral divisions, each director elected is a director of the whole district and his powers and duties are not in any way confined or re stricted to the electoral division in respect of which he is nomina ted or elected. 67.

(1) The returning officer shall at least 21 days prior to the date fixed for the general election publish in a newspaper of general circulation in the district a notice setting out (

a) the date of the election, (

b) the period during which the polling places will be open, (

c) the time and date upon which the right to file nomina tions will expire, and (

d) the place where and the person with whom the nominations are to be filed.

(2) The right to file nominations expires at 5 o'clock in the afternoon on the 14th day prior to the date of the election.

(3) If nominations are to be by electoral divisions the notice shall so state and shall set out the boundaries of the electoral divisions. 68.

(1) Nominations of candidates for election shall be signed by at least two water users of the district and shall contain a signed statement by the candidate consenting to his nomination.

(2) If nominations for directors are by electoral di visions, each nomination shall specify the electoral division for which the candidate is nominated. . 6~.

(1) Imm~diate~y after th~ time for receiving nom Ina hons has expIred, If the nomInation of directors is not required to be by electoral divisions and the number of per s?ns nominate~ for the board does not exceed the number of dIrectors requIred to be elected, the returning officer shall declare the persons nominated to be elected as directors. 33

67. Publication of notice of election. 68. Nominations. 69. Election by acclamation. New. 33

(2) Immediately after the time for receiving nominations has expired, if the election of diredors is required to be by electoral divisions and only one person is nominated for any electoral division, (

a) the returning officer shall declare that person elected as a director, and (

b) the election shall be proceeded with only in electoral divisions for which two or more candidates are nominated.

(3) Where the returning officer declares any person elected as a director under this section, he shall make a written report of the fact to the board and to the Council. 70. Unless an election is not required to be held, the re turning officer, subject to the directions, if any, of the Council, shall as soon as possible after the time for receiv ing nominations has expired (

a) divide the district into polling divisions and name a polling place for each division, which place may be outside the division or district if the returning officer considers it convenient, (

b) designate, if the circumstances require, at which polling places voters for the respective electoral di visions shall vote, (

c) appoint a deputy returning officer for each polling place, (

d) where he considers it advisable, appoint a poll clerk to assist the deputy returning officer, and (

e) prepare poll books in the prescribed form for' each polling division based on the assessment roll as it stood at the time when the right to file for nomina tions expired. 71. Notice of the poll in the prescribed form shall be published by the returning officer in a newspaper of gen eral circulation in the district not later than the seventh day prior to the date of the election. 72. The returning officer shall procure for each polling place a suitable ballot box (

a) made of some dry durable material, (

b) provided with a lock and key, and (

c) so ~onstruct~d that the ballot papers can be de posIted thereIn and cannot be withdrawn therefrom unless the box is unlocked. 73.

(1) The returning officer shall cause to be printed a supp}y of ballot papers sufficient for the purposes of the electIon.

(2) Where the election of directors is by electoral divisions, 34

70. Duties of returning officer. 71. Publication of notice of poll. 72. Ballot boxes. 73. Ballot papers.

Section 80. 34

(a) (

b) no set of ballot papers printed for the purposes of the election in any electoral division shall be of the same colour as any set of ballot papers to be used in any other electoral division at that election, and separate sets of ballot papers shall be prepared and used for the election in each electoral division.

(3) The ballot papers for the election of directors shall contain the names of the persons nominated, arranged al phabetically in the order of their surnames. 74. At least 24 hours before the opening of the poll the returning officer shall deliver or cause to be delivered to each deputy returning officer (

a) the ballot papers prepared for use in the polling place for which the deputy returning officer has been appointed to act, (

b) such other materials as are necessary to enable the voters to mark their ballot papers, and (

c) the poll book for the polling division. 75. The returning officer shall before the opening of the poll cause to be prepared such number of printed directions for the guidance of voters in voting as he considers suf ficient, and the directions shall be printed in conspicuous characters and may be in the prescribed form. Prohibited Election Practices 76.

(1) The returning officer shall provide himself with a t least two copies of

section 77.

(2) The deputy returning officer for each polling di vision shall post copies of

section 77 in a conspicuous place at his polling place and ensure that they are kept so posted during the hours of polling. 77.

(1) No person shall (

a) without due authority supply a ballot paper to any person, or (

b) fraudulently put into a ballot box any paper other than the ballot paper that he is authorized by law to put in, or (

c) without due authority take a ballot paper out of a polling place, or (

d) without due authority, destroy, take open or other wise interfere with any ballot bo~ or packet of ~allot papers then in use for the purpose of an electIon, or (

e) apply for a ballot paper in the name of some other ~e~son, whether such .n~TI?-e is that of a person llvlng or dead, or of a fICtItIous person, or advise or abet, counselor procure any other person to do so, 35

74. Delivery of ballot papers to deputies.

Section 84. 75. Directions for guidance of voters.

Section 85. 76. Procuring list of prohibitions. 77. Pr.ohibitions re elections. 35

but this prohibition shall not be construed as ex tending to a person who applies for a ballot paper believing that he is the person intended by the name entered on the list of water users in respect of which he so applies, or (

I) having voted once and not being entitled to vote again at an election, apply at the same election for a ballot paper in his own name, or vote again at tha t election, or (

g) advise or abet, counselor procure any other per son who has already voted at an election to apply at the same election for a ballot paper or to vote again at that election.

(2) No person shall (

a) vote, knowing that he has no right to do so, or (

b) take a false oath, or (

c) induce or procure or aid or abet any other person to vote or attempt to vote knowing that such person has no right to vote.

(3) No person shall (

a) print or distribute or cause to be printed or dis tributed in any newspaper or in any circular, card, poster, bill or other paper, a form of ballot paper printed by the returning officer indicating or show ing the same to be marked for any candidate or candidates, or (

b) without due authority from the other candidates, print or distribute or cause to be printed or dis tributed, for the purpose of influencing or solicit ing votes for any candidate, any circular, card, poster, bill or other election material in connection with the names of any other candidates. Conduct of Polling 78.

(1) Subject to subsection (2), the only persons en titled to vote at an election of directors are (

a) an individual who is a water user of the district, and (

b) an individual, whether a water user or not, ap pointed as an agent for a corporation that is a water user under a written authorization from the corporation to vote on its behalf.

(2) For the purposes of an election of directors, the only water users entitled to vote are those of record in the assess ment roll of the district at the time when the time for filing nominations expired.

(3) A water user is not entitled to vote more than once at an election unless he is also authorized to vote as the agent of a corporation that is a water user. 36

78. Voting qualifications.

Section 86. 36

79. On the day fixed for the taking of a poll the deputy returning officer shall be present at his polling place during the 15-minute period prior to the time fixed for opening the poll. 80. The deputy returning officer shall ensure that each polling place is furnished with one or more compartments in which voters can mark their ballot papers without being seen. 81. Each deputy returning officer shall before the open ing of the polling place for voting cause to be posted on the outside of the entrance of each polling place as well as in each compartment in the polling place a copy of the direc tions for the guidance of voters. 82.

(1) The returning officer shall furnish to each deputy returning officer a poll book in which shall be en tered the record of the poll.

(2) The poll book shall be in the prescribed form. 83. The persons entitled to be present at anyone time in a polling place during the hours of polling are the returning officer, the deputy returning officer, the poll clerk, any candidates for election, any candidate's agent and the persons who are waiting to vote or are in the process of voting or leaving after having voted. 84.

(1) At the time fixed for the opening of the polling place for voting the deputy returning officer shall declare the polling place open, and immediately afterwards shall show the ballot box to such persons as are present in the polling place so that they may see that it is empty.

(2) The deputy returning officer shall then lock the box and place his seal upon it in such a manner as to prevent the box being opened without the seal being broken.

(3) The deputy returning officer shall then place the box in a conspicuous place in the polling place for the receipt of the ballot papers and keep it in a conspicuous place and so locked and sealed during the hours of polling. 85.

(1) Each person who presents himself for the pur pose of voting shall, before he is handed a ballot paper, be required by the deputy returning officer or the poll clerk (

a) to identify himself as a person named in the poll book, or (

b) in the case of a person voting as an agent of a corporation, to file the written authorization from the .corporation appointing him as its agent to vote on Its behalf and to identify himself as the agent so appointed. 37

79. Presence of deputy returning officer before opening.

Section 87. 80. Voting compartment.

Section 88. 81. Posting directions for guidance of voters.

Section 89. 82. Poll book.

Section 90. 83. Persons entitled to be present at poll.

Section 91. 84. Procedure at opening of poll.

Section 92. 85. Identification of voter before voting. 37

(2) Notwithstanding subsection (1), the deputy return ing officer or poll clerk may refuse to hand a ballot paper to a person presenting himself to vote until that person has made an oath or affirmation in writing in the pre cribed form and has handed it to the deputy returning officer or poll clerk.

(3) An oath or affirmation under this

section may be taken before the deputy returning officer.

(4) When a person presents himself for the purpose of voting and it is found that another person has voted in his name, he is entitled to vote if he otherwise established his identity to the satisfaction of the deputy returning officer and makes an oath or affirmation under this section.

(5) When the requirements of this

section have been met and any entries required by this Division respecting a person who presents himself to vote have been made in the poll book, the deputy returning officer shall place his in itials on the back of the ballot papers to which the person is entitled and hand them to him. 86.

(1) If a person claiming to be entitled to vote (

a) is incapacitated by blindness or other physical cause from marking his ballot papers, or (

b) makes a declaration that he is unable to read, the deputy returning officer shall, in plain view of any candidates or agents of candidates present, place his in itials on the back of the ballot paper and cause the votes of such person to be marked on the ballot paper for such candidate or candidates as that person requires.

(2) The deputy returning officer shall then enter op posite the voter's name in the proper column of the poll book the words "Marked by D.R.O." and shall deposit the ballot paper of that person in the ballot box.

(3) The declaration shall be, after being read to the voter, attested by the deputy returning officer and may be in the prescribed form. 87.

(1) Where a water user resides in a polling division but is not shown on the poll book for that polling division, he may nevertheless vote at the polling place for that di vision if he makes an oath or affirmation under

section 85.

(2) A deputy returning officer or poll clerk, if otherwise qualified, may vote at the polling place for which he is appointed.

(3) A returning officer, if otherwise qualified may vote at an election at a polling place other than the on~ at which he would otherwise be required to vote.

(4) Where any person votes in accordance with this sec tion, the deputy returning officer shall make an entry in his poll book accordingly. 38

86. Marking of ballot paper by officer in certain cases.

Section 99. 87. Voter qualified in more than one polling division. Voting by returning officer and deputy returning officer. Sections 101 and 111. 38

88. If the person applying to vote takes an oath or af firmation pursuant to

section 85 the deputy returning officer or the poll clerk shall enter opposite such person's name in the proper column of the poll book the word "Sworn" or "'Affirmed" according to the fact. 89. When a person applying to vote is required to take the oath or affirmation and he refuses to do so the deputy returning officer or the poll clerk (

a) shall enter opposite the name of the person in the proper column of the poll book the words uRefused to swear or affirm", (

b) shall not allow that person to vote, (

c) shall require that person to leave the polling place immediately, and (

d) shall not allow that person to enter it again on the day of the election for any purpose. 90. The deputy returning officer may, and upon request shall, either personally or through his poll clerk, explain to a voter as concisely as possible the proper method of voting. 91. A deputy returning officer who refuses or wilfully omits to sign his initials upon the back of a ballot paper as provided by this Division is liable to pay a penalty of $100 recoverable at the suit of the water user aggrieved by his refusal or omission. 92.

(1) Upon being handed the ballot papers, the voter shall forthwith (

a) proceed into the compartment provided for the purpose of voting, (

b) then and there mark his ballot papers in the man ner mentioned in the directions for the guidance of voters, (

c) fold each ballot paper so as to conceal its face and so as to expose the initials of the deputy returning officer, and (

d) leave the compartment and, without showing the front of any ballot paper to anyone or so displaying it as to make known to any person how he has voted, immediately deliver the ballot papers so folded to the deputy returning officer.

(2) The deputy returning officer, without unfolding the ballot papers or in any way disclosing the face of any ballot paper, shall verify his own initials and at once de posit the ballot papers in the ballot box in the presence of the persons present in the polling place.

(3) The voter shall forthwith leave the polling place.

(4) Im~edi~tely after the ballot papers of a voter have been deposIted In the ballot box the deputy returning officer 39

83. Entry of act of swearing.

Section 9'5. 89. Refusal t& take oath.

Section 97. 90. Explanation to voter.

Section 98. 91. PenaUy for default by deputy returning officer.

Section 100. 92. Procedure upon receipt of ballot paper. Sections 100 and 103. 39

or poll clerk shall enter in the poll book in the proper column after the voter's name the word "Voted".

(5) The entry in the poll book of the word "Voted J ' after a voter's name is prima facie proof that he has voted. 93. While a voter is in a voting compartment for the purpose of marking his ballot paper no person shall be allowed to enter the compartment or to be in a position from which he can observe the mode in which the voter marks his ballot papers. 94.

(1) A person who has received a ballot paper from the deputy returning officer shall not take it out of the polling place.

(2) A person who having received a ballot paper leaves the polling place without first delivering the ballot paper in the manner prescribed by this Division forfeits his right to vote during that election.

(3) The deputy returning officer shall in such a case make an entry in the poll book in the column for remarks to the effect that such person received a ballot paper but took it out of the polling place, or returned it declining to vote, as the case may be, and in the latter ,case the deputy returning officer shall immediately write the word "Re fused" upon the ballot paper returned to him and shall preserve it. 95.

A person claiming to be entitled to vote who has inadvertently dealt with a ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering it to the deputy returning officer, receive an other ballot paper in the place of the ballot paper delivered up, and the deputy returning officer shall immediately write the word "Cancelled" upon the ballot paper delivered to him and shall preserve it. Proceedings at Close of Poll 96.

(1) Promptly at the hour fixed by or pursuant to sec tion 62 for the closing of the polling place the deputy re turning officer shall declare the polling place closed.

(2) If when the polling place is closed there is a voter in the polling place who desires to vote he shall be permitted to do so, but no other voter shall be allowed to enter the polling place for that purpose. 97.

(1) Immediately after the close of the poll the deputy returning officer shall in the presence of the poll clerk if any, and of such of the candidates or their agents as ~re then present, open the ballot box. 40

93. Secrecy of voting.

Section 104. 94. Forfeiture of right to vote.

Section 105. 95. Receipt of another ballot paper.

Section 106. 96. Closing poll.

Section 107. 97. Opening of ballot box after close of poll.

Section 108. 40

(2) The deputy returning officer shall examine the !:>allot papers individually and shall not count but shall set aSIde as rejected any ballot paper (

a) that is not initialled as provided in this Division, or (

b) on which anything is written or marked by which the voter can be identified, or (

c) that has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identified.

(3) The deputy returning officer shall take notice of any objection made by a candidate or his agent or a person authorized to be present, to any ballot paper found in the ballot box, and decide any question arising out of the objec tion.

(4) The deputy returning officer shall then count the votes given upon the ballot papers that have not been rejected for and against each candidate, and shall enter in the poll book a statement in words as well as in figures of (

a) the number of votes given for each candidate, and (

b) the number of ballot papers rejected and not counted by him.

(5) The statement referred to in subsection (4) shall be made under the following heads: (

a) the number of the polling division and the name of the district and the date of the election; (

b) the number of persons who voted at the polling place; (

c) the number of votes for each candidate for director; (

d) the number of ballot papers supplied to the deputy returning officer; (

e) the number of rejected ballot papers; (

f) the number of cancelled ballot papers and the number of ballot papers marked "Refused"; (

g) the number of unused ballot papers.

(6) Upon completion of the statement the deputy return ing officer shall make a duplicate thereof, separate from the poll book, and the statement and duplicate shall be signed by the deputy returning officer, the poll clerk, if any, and such of the candidates or their agents as are present and desire to sign.

(7) The deputy returning officer upon being requested to do so shall deliver to each of the persons authorized to attend at his polling place under subsection (1) a certificate (

a) of the number of votes given at that polling place for each candidate, and (

b) of the number of rejected ballot papers. ( 8) The deputy returning officer shall then in the pres ence of the candidates or their agents or such of them as are present make up into separate packets, which shall be 41

sealed and marked upon the outside with a short st~tement of their contents, (

a) the ballot papers counted, (

b) the ballot papers rejected, and (

c) the unused, cancelled and refused ballot papers.

(9) Before leaving the polling place the deputy returning officer shall enter in the poll book a statement in the pre scribed form which shall be signed by him in the presence of the poll clerk or some other witness.

(10) The deputy returning officer shall then place in the ballot box the packets, the poll book, the lists used and the declarations, oaths, affirmations and authorizations by corporations to an agent to vote on its behalf, and the ballot box shall then be locked and sealed with his seal and with the seals of any candidates or agents of candidates who de sire to affix their seals. 98. 'The deputy returning officer of each polling division shall forthwith deliver to the returning officer the sealed ballot box and the duplicate of the statement entered in the poll book, and upon receiving them the returning officer shall give to the deputy returning officer a receipt therefor. 99.

(1) At 12 o'clock noon on the day and at the place previously appointed by him for the purpose, the returning officer shall, in the presence of such of the candidates or their agents as are present, sum up the result of the poll as shown by the duplicate statements furnished to him by the deputy returning officers.

(2) If it appears upon the summing up of the result of the poll that two or more candidates have received an equal number of votes and as a result thereof one of the can didates must be eliminated the returning officer shall write the nanles of those candidates separately on blank sheets of paper of equal size and of the same colour and texture, and after folding them in a uniform manner and so that the names are concealed, deposit them in a receptacle and direct some person to withdraw one of the sheets and the return ing officer shall declare to be elected the candidate whose name appears on the sheet thus drawn. 100.

(1) The returning officer shall forthwith make and sign a statement of the result of the poll, together with a declaration in the prescribed form or to a like effect.

(2) The returning officer shall post in some conspicuous place the statement showing the number of votes polled for each candidate, and shall forward a copy of his statement to the Council, together with a statement of the candidates declared elected. 42

98. Delivery of ballot box, etc. Seotion 109. 99. Computing result.

Section 110. 100. Statement of result of poll. 42

101. Unless in the meantime the Council orders a re count or appoints one or more persons to make an inquiry under

section 103 or otherwise orders, the returning officer shall retain the ballot boxes for two months after the elec tion with their seals unbroken, and at the end of the two months shall cause the ballot boxes to be opened and the packets therein to be burned in the presence of two wit nesses. Recount 102. If at any time within five days after the date of the transmission of the statement of the result of the poll to the Council (

a) it is, on the affidavit of any person, made to appear to the returning officer that (

i) a deputy returning officer or other officer in counting the votes given at the election has improperly counted or rejected any ballot papers, and (ii) his action has materially affected the result of the election, and (

b) the sum of $50 is deposited with the returning of ficer as security for the payment of costs and ex penses, the returning officer shall forthwith forward the affidavit and deposit to the Council, which may order a recount and give directions for the conduct of the recount. 103.

(1) If within two weeks after the election any two persons who were entitled to vote at the election make it appear to the satisfaction of the Council by statutory declaration (

a) that the election was irregularly or improperly conducted, or that corrupt practices prevailed at the election, and in consequence the result of the election was affected, or (

b) w here the election of directors was by electoral division, that the election in an electoral division was irregularly or improperly conducted, or that corrupt practices prevailed at that election, and in consequence the result of the election was affected, the Council may make or appoint one or more persons to make an inquiry into the matter and report his or their findings and recommendations to the Council.

(2) The person or persons appointed under subsection (1) have the powers of a commissioner appointed under T he Pub lic Inquiries A ct.

(3) Where the inquiry pertained to the election of all di rectors, the Council, on the basis of the report of the inquiry, shall either 43

101. Retention of ballot boxes, etc.

Section 113. 102. Order for recount.

Section 114. 103. Investigating alleged irregularities.

Section 115 in pal"t. 43

(

a) confirm the election of all directors previously de clared elected, or (

b) dismiss the directors previously declared elected, give directions as to the holding of another election and appoint a board of directors to hold office until the first regular meeting of directors following the election. ( 4) Where the inquiry pertained to the election of a di rector for an electoral division, the Council, on the basis of the report of the inquiry, shall either (

a) confirm the election of the director previously de clared elected, or (

b) dismiss the director previously declared elected and either (

i) give directions as to the holding of another _ election in that electoral division and appoint a director to hold office until the election is held, or (ii) appoint a director to hold office until the first regular meeting of the directors follow ing the next general election of directors.

(5) Any person who, after being notified of his dismissal by the Council as a director under this section, purports to act as a director of the district, is guilty of an offence and liable on

summary conviction to a fine of not more than $200. DIVISION 2 Submission of Question to Voters 104.

(1) For the purpose of obtaining an expression of the opinion of the water users of the district upon a matter relating to the business or welfare of the district, the board may by by-law provide for (

a) the formulation and submission to the water users of the district of a question with regard to any such matter, (

b) the appointment of a person other than the man ager as returning officer, and (

c) the date by which the ballots for or against the question are to be received by the returning officer.

(2) The manager is the returning officer unless the by law otherwise provides. 105.

(1) The vote on a question submitted to the water users shall be by way of the taking of a poll by mail in the manner set out in this section. (~) The returning officer shall mail to each water user a~ hl~ regular postal address as shown in the records of the dIstrIct 44

104. By-law for submission of question to water users.

Section 22 (1). At present, votes on questions are conducted in conjunc tion with annual elections. All votes on questions will now be conducted by a mail ballot. 105. Procedure for mail vote. New. 44

(

a) a ballot setting out the questions to be submitted, (

b) an envelope marked "Ballot" and a return envelope addressed to the district manager upon which has been placed the water user's name and address, and (

c) a set of instructions as to the manner in which and the time by which the ballot must be completed and returned. (3) 'The water user shall (

a) mark and enclose his ballot in the envelope marked "Ballot" , (

b) seal and enclose it in the return envelope, and (

c) mail or deliver the return envelope to the returning officer at the board's office so that it will be in the board's office before the regular closing hour of the board's office on the day shown in the set of instructions.

(4) The returning officer shall in the presence of the chairman of the board and any other directors present cause the envelopes marked "Ballot" to be removed from the re turn envelopes and place them together unopened in such manner that they cannot be identified.

(5) The returning officer in the presence of the chair man and any other directors who are present shall then cause the envelopes marked "Ballot" to be opened and with the chairman's assistance cause the ballots to be scrutinized and the votes cast for and against the question determined.

(6) The returning officer shall notify the board as to the result of the poll and shall publish the result of the poll in a newspaper of general circulation in the district. 106. 'The board is not bound by the results of a vote on a question under this Division to do or to abstain from doing any act or thing. 45

106. Board not bound by result of vote. New. 45

1.07. In this Part

PART 4 ASSESSMENT (a) "assessment notice" means (

i) a notice given pursuant to clause (a), (

b) or (

c) of subsection (1) of

section 117, or (ii) a combined assessment notice and billing no tice; (b) "billing notice" means a billing notice as defined in

Part 5; (c) "court of revision" means a board acting as a court of revision under this Part. Assessment Roll 108.

(1) The assessment roll of an existing district shall continue to be the assessment roll of that district until it is replaced by a new assessment roll under this Part.

(2) Where the board of an existing district has records that substantially contain the information required for the assessment roll as provided in

section 110, or as provided by the Council, the records constitute the assessment roll of the district.

(3) Where the records of a board of an existing district constitute the assessment roll of the district by virtue of subsection (2), the Council may require the board to amend those records, within such period as the Council may pre scribe or any extension thereof, in order to have them con tain any additional information necessary to meet the re quirements of

section 110. 109.

(1) The manager of each newly formed district shall as soon as possible after the formation of the district cause to be prepared an assessment roll of the district.

(2) The board of a district may by-by-law authorize the preparation of a new assessment roll for the district.

(3) The Council may require the board of an existing district to prepare a new assessment roll for the district in accordance with this Part within such period as the Council may prescribe or any extension thereof.

(4) If the assessment roll has been lost or destroyed the Council may authorize the board to 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. 1.10.

(1) The Council may give directions as to the con tents of the assessment roll which, subject to those direc- 46

Definitions. 108. Assessment roll of an existing district. 109. Preparation of new assessment roll.

Section 123. 110. Contents of assessment roll.

Section 123. 46

tions, shall contain, with respect to each parcel in the dis trict, (a) (

b) the description of the parcel, the name and address of the owner and the pur chaser, if any, of the parcel of whom the manager has notice, (

c) the number of acres classified as "to be irrigated" in the parcel, (

d) the number of acres classified as "other acres" in the parcel, which shall be the number of acres not classified as "to be irrigated", and (

e) where the parcel is wholly or partly the subject of any or all of the following agreements, a notation so indicating (

i) a terminable water agreement, or (ii) an agreement made pursuant to

section 53, or (iii) an agreement made pursuant to

section 54.

(2) The classification in the assessment roll as to the number of acres in a parcel classified as "to be irrigated" and as "other acres" applies to the parcel notwithstanding any agreement to the contrary made by a board with any person before or after the commencement of this Act.

(3) Subject to the directions of the Council, there shall be added to the assessment roll pursuant to subsection (4) of

section 50 and subsection (5) of

section 51 respectively the lands outside the district that are the subject of (

a) a terminable water agreement, and (

b) a domestic wa~r privilege granted pursuant to sub section (2) of

section 51. 111. Where a parcel owned by the Crown in right of Al berta is included in a district with its consent, the parcel is subject to assessment and rate enforcement proceedings to the same extent as if the parcel were owned by some other person. 112.

(1) The Council shall cause to be prepared a set of standards for each district setting out the minimum re quirements, taking into account all factors that it considers are relevant, with which any land must comply in order to be suitable to receive water for irrigation.

(2) The manager shall cause maps and plans to be pre pared based on the supply of water available to the district and the irrigation works available for use by the district showing the parcels in the district (

a) that contain land suitable for irrigation, and (

b) that can be served with a sufficient supply of water by the irrigation works available for use by the dis trict. 47

Ill. Crown lands subject to assessment and rates. New. 112. Classification of lands as "to be irrigated" or "other acres". 47

(3) The manager shall, with the assistance of such qualified persons as he may require, determine the lands in each parcel in the district that are suitable for irrigation and classify it as land "to be irrigated".

(4) In determining whether any land is suitable for ir rigation and to be classified as "to be irirgated", the man ager shall have regard to (

a) the set of standards prepared by the Council under subsection (1), (

b) the maps and plans prepared under subsection (2) and any other technical data available to him, (

c) the area of land and the availablity of drainage therefrom, and (

d) any other factors that may make it impractical, un economical or undesirable to irrigate the land.

(5) Lands that are not classified as "to be irrigated" shall be classified as "other acres" for the purposes of the assessment roll of the district.

(6) The manager may from time to time recommend to the board a change in the classification of any land in any parcel if the change is in accordance with this section.

(7) A map or plan prepared under subsection (2) shall not be used by the manager for the purposes of this

section unless it is filed with and approved by the Council. 113.

(1) The board may at any time, with the consent of the Council, direct the manager to alter or cancel the assessment of any parcel of land or any part thereof in the district (

a) when it appears to the board that the assessment is erroneous, because some relevant factor was omitted from consideration at the time of its as sessment, or (

b) when the assessment made has resulted in an in justice, or (

c) where there has been a change in the factors re ferred to in subsection (4) of

section 112.

(2) Where any alteration in or cancellation of an as sessment is made under this section, a new assessment notice shall be given in the manner provided in

section 117.

(3) After al tering or cancelling an assessment, the board may .wi~h t?e consent o.f the Council refund all or part of any IrrIgatIon rates pald before the change in the assess ment in such an amount as the board and the Council con sider to be equitable. 114.

(1) When a person becomes an owner or pur chaser of land

Document details

Collection	Alberta — Bills
Citation	L16 S1 4492
Type	bill
Volume / chapter	L16 S1 4492
Language	en
Format	json
Source	PROVINCIAL
Identifier	175693b41f52f7f0cad2b463a83b077e40e56b22

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