No. 79 1st Hession, 14th Legislature, Alberta 8 Elizabeth II BILL 79 A Bill to amend The School Act (No. 2)- HON. MR~ AALBOR'G Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1960

Explanatory Note

Section 86 dealing with the resignation of trustees is amended. Subsection (3) presently reads: "

(3) The resignation takes effect only upon the date of the election of a new trustee."

Section 94 is amended to conform to the amendment to

section 86, subsection (3).

Section 94 presently reads: "94. Every trustee shall continue to hold office until his successor has been duly elected or appointed, as the case may be, unle8S he has become disquaJ.ified by reason of any of the provisions of sections 88, 89 and 92, in which event he ceases to hold office upon becoming 8() disqualified." .

Section 153 presently reads: "153. In a town or city district the election of a trustee to fill & vacancy shaLl be held in the same manner as is provided for the election to fill & vacancy on the council of the town or city. as the case may be."

BILL No. 79 of 1960

An Act to amend The School Act (No.2) (Assented to , 1960) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The School Act, being

chapter 297 of the Revised Statutes is hereby amended.

Section 86 is amended by striking out subsection (3) and by substituting the following:

(3) The notice of resignation shall be presented to the board at its next regular or special meeting and shall be recorded in the minutes and upon being so recorded the resignation has immediate effect.

Section 94 is amended by adding immediately after the words "as the case may be," the words "unless he has resigned or".

Section 153 is amended (

a) by renumbering the

section as subsection (1), (

b) by adding the following new subsections immedi­ ately after the renumbered subsection (1):

(2) Where a vacancy occurs in the membership of the board of a city or town district on or after the first day of May and before the nomination day for the next annual election, a special elec­ tion to fill the vacancy need not be held but the vacancy shall be filled at the next annual election.

(3) In the case of a city board that, pursuant to subsection (2) of

section 80, consists of seven trustees, a special election to fill a vacancy need not be held (

a) where only one office becomes vacant, or (

b) where more than one office becomes vacant on or after the first day of M'ay and before the nomination day for the next annual election, but in either case the vacancy or vacancies shall be filled at the next annual election.

2 s. (

a) Section 2 1 84, subsection (1), clause (

a) presently reads: "284.

(1) On or before the fifteenth day of February in each year the proper officer of a municipality within which a non-divisional district is situate in whole or in part shall provide a certificate to the secretary of the district board showing (8.1) the total assessed va;lue of all lands, together with sixty per cent of the fair actual value of all buildings and improvements, liable to assessment at the thirty-first day of December of the pre­ ceding year in that part of the distl'!ict that is within the munici­ pality, or such amount in lieu thereof as may be determined and ordered by the Alberta Assessment Equalization Board pur­ suant to The MUnicipalities Assessment and Equalization Act, and". (

b) Apportionment of assessments. (c) Subsection (2) of

section 2'84 presently reads: "(2) rhe board of a non-divis'ional district shall, on or before the thi!ty-flrst ~ay of Ma;rch of each year, prepare and adopt a detailed estimate of Its eXpendItures for the current year.".

Section 284 is amended (

a) as to subsection (1) by striking out all the words preceding clause (

a) and clause (

a) and by sub­ stituting the following: 284.

(1) On or before the first day of April in each year the proper officer of a municipality with­ in which a non-divisional district is situate in whole or in part shall provide a certificate to the secre­ tary of the district showing (

a) the portion of the equalized assessment of the municipality, as determined by the Alberta Assessment Equalization Board for the current year pursuant to The Municipalities Assess­ ment and Equalization Act, that is applicable to that part of the municipality which is within the non-divisional district and the portion shall be determined by mUltiplying the equalized assessment of the municipality by the total of the actual assessed values of the properties liable to assessment lying within the district, together with the valuations of exempt pro­ perties lying within the district in respect of which grants are paid in lieu of taxes, and dividing the product thereof by the total of such actual assessed values and valuations of exempt properties as relate to the municipality as a whole, and (

b) by adding the following subsection after subsection (1) : (la) Where a separate school district lies in whole or in part within a municipality, for the pur­ poses of clause (

a) of subsection (1) (

a) the assessments of property, whether of in­ dividuals or of companies, designated for the support of separate schools shall pertain to the ,separate school district and not to the pub­ lic school district, and (

b) the valuations of exempt properties lying with­ in the boundaries of the district in respect of which grants are paid in lieu of taxes shall be apportioned between the separate school dis­ trict and the public school district in the same manner as the assessment of a company is apportioned pursuant to

section 294. (

c) as to subsection (2) by striking out the words "thirty-first day of March" and by substituting the words "thirtieth day of April".

Section 286 reads: 1/286.

(1) For the purpose of apportioning the requisitions the total assessed value of farm lands within a city, town or village district or consolidated district may be reduced or increased by such fraction of the assessed value as may be approved or ordered by the Minister.

(2) Any reduction or increase of the assessed value of farm lands that has been approved or ordered by the Minister under this

section shall continue in effect from year to year until such time as a further change has been approved or ordered by the Minister.

(3) If the asse,ssed value of farm lands that are in a city, town or village district or consolidated district and that are also within a municipal district, improvement district or special area constitutes less than ten per cent of the total assessed value of the property in that municipality within the school district, notwithstanding the provisions of The Municipal Distr,ict Act, or any other Act, the rate of taxation imposed upon the farm lands shall not exceed ten mills unless the Minister authorizes a rate in excess of ten mills.". 7. (

a) Section 29,7, subsection (1). clause (

a) presently reads: "297.

(1) On or before the fifteenth day of February in each year, the proper officer of a municipality within which a division is situate in whOle or in part shall provide a cel1tificate to the secretary of the divisional board, showing (

a) the total assessed value of all lands, together witll sixty per cent of the fair actual value of all buildings and improvements, liable to assessment at the thirty-first day of December of the pre­ ceding year in that part of the division that is within the munici­ pality, or such amount in lieu thereof as may be determined and ordered by the Alberta Assessment Equalization Board pursuant to The Municipalities Assessment and Equalization Act, and". (

b) Subsection (~.) presently reads: "

(2) Where a non-divisional separate scllool district has been estab­ lished in a divisional district, the proper officer of the municipality in giving the certificate required by this section, shall not includ~ any company property that is assessable for separate school purposes under the provisions of se'ctions 289 to 296 inclusive.".

Section 286 is repealed.

Section 297 is amended (

a) as to subsection (1) by striking out all the words preceding clause (

a) and clause (

a) and by sub­ stituting the following: ~97.

(1) On or before the first day of April in each year the proper officer of a municipality with­ in which a division is situate in whole or in part shall provide a certificate to the secretary of the division showing (

a) the portion of the equalized assessment of the municipality, as determined by the Alberta Assessment Equalization Board for the current year pursuant to The Municipalities Assess­ ment and Equalization Act, that is applicable to that part of the municipality that is within the division and the portion shall be determined by ,multiplying the equalized as­ sessment of the municipality by the total of the actual assessed values of the properties liable to assessment lying within the division, to­ gether with the valuations of exempt properties lying within the division in respect of which grants are paid in lieu of taxes, and dividing the product thereof by the total of such actual assessed values and valuations of exempt pro­ perties as relate to the municipality as a whole, and (

b) by striking out subsection (2) and by substituting the following:

(2) Where a separa te school district lies in whole or in part within a municipality, for the pur­ poses of clause (

a) of subsection (1) (

a) the assessments of property, whether of in­ dividuals or of companies, designated for the support of separate schools shall pertain to the separate school district and not to the public school district, and (

b) the valuations of exempt properties lying with­ in the boundaries of the district in respect of which grants are paid in lieu of taxes shall be apportioned between the separate school dis­ trict and the public school district in the same manner as the assessment of a com·pany is apportioned pursuant to

section 294, and if the separate school district or the public school district has been included in a division, the assessments and valuations pertaining to the dis­ trict shall pertain to the division.

Section 298, sUibsection (1) presently reads: "298.

(1) On or before the thirty-first day of March in each year a divisional board shall prepare and adopt a detailed estimate of ita expenditures for the current year.". 9. Commencement of Act.

Section 298, subsection (1) is amended by striking out the words "thirty-first day of March" and by substituting the words "thirtieth day of April". 9.

(1) Sections 1 to 4 and this

section come into force on the day upon which this Act is assented to and upon so coming into force sections 2, 3 and 4 shall be deemed to have been in force at all times on and after the first day of December, 1959.

(2) Sections 5 to 8 come into force on a date to be fixed by proclamation.

No. 79 FIRs'r SESSION FOURTEENTH LEGISLATURE 8 ELIZABET'H II 1960 BILL

An Act to amend The School Act (No.2) Received and read the First time ......................................... . Second time. Third time ......................................... . HON. MR. AALBORG Title: 1960 (14th, 1st) Bill 79,

An Act to amend The School Act (No. 2)