Bill 15 — Third Session, 17,Th Legislature, 23 Eliza~ U. the Legislative Assembly of Alberta Bill 15 the Alberta Housing Amendment Act, 1974 (Legislature 17, Session 3)

L17 S3 5281

Alberta — Bills

1974 Bill 15 Third Session, 17,th Legislature, 23 Eliza~ U. THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 15 The Alberta Housing Amendment Act, 1974 MR. KING First Reading . . . . . . . . . . . Second Reading ........................ . Third Reading ....................... . Printed by L. S. WALL, Queen's Printer for the Province of Alberta, EDMONTON

Bill 15 Mr. King BILL 15 1974 THE ALBERTA HOUSING AMENDMENT ACT, 1974 (Assented to , 1974) HER MAJESTY, by and with the advice and consent of the Legislativ,e Assembly of Alberta, enacts as follows: 1. The Alberta Housing Act is hereby amended.

Section 2 is amended by adding the following clause after clause (g): (h) "rehabilitation program" means a program de signed to improve the environmental, housing or living conditions of or in a blighted or substandard area.

Section 5 is struck out and the joillowing

section is substituted: 5. (1) 'The affairs of the Corporation shall be conducted by a Board 'Of Directors which shall consist of the foll'Owing members: (

a) the Minister, who shall also be chairman ; (ib) the Deputy Pr'Ovincial Treasurer; (

c) the President of the Corporation; (

d) such other members as may be appointed by the Lieutenant G'Overnor in Council during ploeasure.

(2) The Lieutenant Governor in Council may appoint during pleasure a person as Pres,ident 'Of the C'Orp'Oration and shall flix the rate of remuneration t'O be paid t'O him by the Corporation.

(3) The President shall be the chief executive officer of the C'Orporation and vice-chairman of the Board.

(4) In t!te event of v?e Mi~ister's. absence 'Or inability to act as chaIrman the vIce-chaIrman s\hall be acting chair man and in the further event of the vice-chairman's aJbsence or inabHity to act the Board of Dir'ectors may, by resolu tion, appoint any member to be the acting ohairman.

Explanatory Notes I. This Bill will amend

chapter 175 of the Revised Statutes of Alberta 1970. 2. Consequential to recent amendments to the National Housing Act (Canada) and related amendments in this Bill with respect to the federal neighbourhood improvement program.

Section 5 presently reads: 5.

(1) The affairs of the Corpor8Jtion shall be conducted by a Board of Dire,ctors which ,shall consist of (

a) the Minister as chairman, (

b) the Deputy Provincial Treasurer and the Executive Dia'eCltor of the Corporation as members, and (

c) other members to be appointed by the Lieutenant Governoil' in COouncil and to hOold office during his pleasure.

(2) In the case of the Minister's inability to act, the Board of Direc tors may, by resolution, appoint any member to be the acting chai,rman in the absence of the Minister.

(3) A majority of the Board constitutes a quorum.

(4) At its meetings, the Board of Directors may exercise any of its powers by resolution except where sOome other mode of exe,rcising any power is prescribd in this Act.

(5) A member of the Board of Directors, except the Executive Direc tor, Deputy Provincial Treasurer and the Minister, shall receive such remu:neration for their services as directors as is prescribed by the Lieutenant Governor in Council.

(5) A maj ority of the Board constitutes a quorum.

(6) At its meetings, the Board may exercise any of its powers by resolution except where some other mode of exercising any power is prescribed in this or any other Act.

(7) A member 'Of the Board appointed pursuant to sub section (1), clause (

d) shall be paid by the Corporation such remuneration as is prescribed by the Lieutenant Gov ernor in Council.

Section 7 is amended by striking out subsection (1) and by substituting the following subsection: 7.

(1) The Board of Directors may make by-laws in respect lof the general conduct and operation of the Corpor ation.

Section 12, subsection (3) is amended by striking out the words "section 44 of". 6.

(1) Section 17 is amended (

a) as to subsection (2) by adding after the word "each" the word "fiscal", (

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

(4) The fiscal year of the Corporation shall be April 1 to March 31.

(2) Notwithstanding subsection (1), clause (b), the 1974 fiscal year of the Corporation shall be the period from January 1, 1974 to March 31, 1975.

Section 18 is amended by adding after the word "every" the word "fiscal".

Section 20.1 is struck out.

Section 33 is struck out. 1~. The. heading IIUrban Renewal. Schemes" preceding sectwn 34 1,S struck out and the head1,ng "Rehabilitation Pro grams" is substituted. 2

Section 7, subsection (1) presently reads: 7.

(1) The Lieutenant Gave.rnor in Council may make rules in respect of the general conduct and operation of the Corporation.

Section 12, subsection (3) presently reads:

(3) The Corporation and a municipality, with the approval of the Corporation, may receive contributions available under .section 44 of the federal Act.

Section 17, subsections (2) and (4) presently read:

(2) The total of the sums advanced in each year under SUbsection (1), clause (

a) shall be repaid to the Provincial Treasurer on such terms and conditions as may be agreed upon by the Corporation and the Provincial Treasurer.

(4) The fis.cal year of the Corpor3,!tion shall be January 1 to December 31.

Section 18 presently reads: 18. The Provincial Auditor or his nominee shall audit the books of the Corporation from time to time and at least once every year audit the receipts and expenditures of the Corpora;tion. 8. This

section will be covered by new

section 40.2 of the Act.

Section 20.1 presently reads: 20.1 A municipality may, by ·by-Iaw, bonow such moneys as are necessary to enable it to develop and implement an approved project under

section 20, and to secure the moneys borrowed (

a) the municipality may issue debentures as provided in The Munic ipal Government Act, except that the by-law authorizing the bor rowing does not require the ass·ent of the proprietary eleotors, or (

b) the municipality may mortgage the land held for the project, in which case it need not is-sue debentures notwithstanding any thing contained in its governing municLpal Aot. 9. This

section will be covered by new

section 40.2 of the Act.

Section 33 presently reads: 33. A municipality may, by by-law, borrow such moneys as are neces sary to enable it to develop and implemerut an approved project under

section 31, and to secure the mo-neys borrowed (

a) the municipality may iSlsue debentures as provided in T~e.Munic ipal Government Act, except that the by-law authorizmg the bonowing does not require the -assent of the proprietary eleotors, or (b) .the municipality may mortgage the land held for the project,. in which case it need not issue debentures notwithstanding anythmg contained in its governing municipal Act. 10. Consequential to new federal neighbourhood improvement program. 2

Section 34 is amended (

a) as to subsection (1) by striking out the words "urban renewal schemes" and by substituting the words "rehabilitation programs", (

b) by striking out subsections (2), (3), (.

q) and (5).

Section 35 is ame.nded . (a) (

b) as to subsection (1) by striking out the word "an urban renewal scheme" and by substit,uting the words "a rehabilitation program", as to subsection (2) (

i) by striking out the words "urhan r,enewal scheme" and by substituting the words "re habilitation program", (ii) in clauses (a), (b), (

c) and (

d) by striking out the words "urban renewal" and by substitut ing the words "r'eihabiHtation program", (iii) in clause (

e) by striking out the word "scheme" and by substit.uting the word "program".

Section 36 is struck out and the following

section is substituted: 36. An agreement entered into under

section 34 shall specify the respective share of the costs to be borne by each of the parties thereto.

Section 37 is amended (

a) by strikin,g out subsection (1), (

b) as to subsection (2), by striking out the words Han urban r'enewal scheme" and by substituting the words "a rehabilitation program". 3

11. Consequential to new federal neighbourhood improvement program.

Section 34, subsections (2), (3), (4) and (5) presently read:

(2) Befo1"e entering intoO any agreement for the carrying out of run urban renewal scheme, a municipality shall cause notice to be published once a week for two consecutive weeks preceding the presentation of the agreement to the ,council in a newspaper having a general circul ation in the municipality and the notice shall state (

a) the purpose oOf the proposed agreement and a general description of the area affe,cted, (

b) that a copy oOf the proposed agreement is on file in the office of the secretary of the municipality and may be inspected by the public during business hours', (

c) the time and place at which the council will hold a public hearing on the proposed urban renewal scheme, which shall not be less than 10 days after the last publication of the official notice, and (

d) the procedure toO be foOllowed by persons who wish to submit representatioOns concerning the proposed urban renewal ooheme.

(3) The council may, by resolution passed before the first publication of the notice, pre,scribe the procedure to be followed by pe,rsons who wLsh toO submit representations concerning the proposed urbrun renewal scheme and, without restricting the generality of the foregoin,g, may (

a) require the submission of written representatioOns to the council prior to the hearing, and (

b) regulate the presentation of oral submissions at the hearing.

(4) The council shall hold a public hearing at the time and place stated in the notice and at that hearing shall, subject to subsection (3), hear any person WhD wishes toO make repres'entations concerning the manner in which any provision of the propDsed agreement may affect him or any oOwner of land whom he represents ,or the public at large or any lDcal group of residents .or property owners.

(5) The council shall give due consideration to the recommend3JtiDns, if any, of its departments' or of consultants retai'ned by it and representations made at the public hearing Dr submitted in writing pursuant toO subsection (3), clause (

a) and make a ruling thereon. 12. Consequential to new federal neighbourhood improvement program. 13. Consequential to new federal neighbourhood improvement program and to allow more flexibility.

Section 36 presently reads: 36.

(1) Where the Corporation enters into an agreement with a municipality or the Canada corporati.on, the Corporation may pay up toO 50 per cent and may require ,the municipality to pay the remainder of the ,share that is not paid by the Can3Jda corpoOration of (

a) the cost of the preparation of an urban renewal scheme, in cluding the cost of all economic, s'ocial and engineering research and planning necessary therefor, and (

b) the costs of implementing an urban renewal scheme, including the acquisition, clearing, demolition and di,sposition of lands and buildings and the installation of municipal services and works', other than public buildings, in the ur,ban renewal area.

(2) Every agreement entered into with a municipality under this sec tion shall provide that the municipality will pay the Corporation in the same pr.oportion as provided for in subseotion (1) oOf the share that is not paid toO the Canada corporatiDn oOf (

a) any moneys received by the municipality from the sale, lease Dr other disposition of land in the urban renewal area, and (

b) the value, as determined in the manner pro'Vided in the agree men t. of land 'in the urban renewal area retained by the municipality foOl" public purposes. 14. This

section will be covered by new

section 40.2 of the Act.

Section 37, subsection (1) presently reads: 37.

(1) A municipality may, by by-law, borrow such moneys as are ne,ce,ssary to enable it to prepare and implement an urban renewal scheme, and to secure the moneys borrowed (

a) the municipality may issue debentures' as provided in T~e Mu nicipal Government Act, except that the by-law authoTlzIng the borrowing doOes nOlt require the assent of the proOprietary electors, or (

b) the municipauty may mortgag'e the lands in the urban renew~ area that are held by it for the purposes. o,f the, scheme,. In which case it need not issue debentures notWithstandIng anythIng contained in its governing municipal Act. 3

Section 38, subsection (1) is amended by striking out the word "scheme" and by substituting the word "program".

Section 39 is amended (

a) as to subsection (1) by striking out the word "scheme" and by sUbstituting the word "program", (

b) as to subsection (3) by striking out the words "urban renewal" and by substituting the words "re habilitation program".

Section 40 is amended by striking out the words "an urban renewal scheme" and by sUbstituting the words "a rehabilitation program". 18. The following

section is added after

section 40.1: 40.2

(1) A municipality may, by by-law, borrow such moneys as are necessary to enable it to develop and imple ment an approved proj ect or program under this Act and, to secure the moneys borrowed, (

a) the municipality may issue debentures as provided in The Municipal Government Act, or (

b) the municipality may mortgage the lands held for the project or scheme.

(2) A by-law under subs:ection (1) is subject to' the pro visions of the governing muni~ipal Act respecting money by-laws and tJhe iSlSuing of debentures including those re lating to (

a) the approval of the Local Authorities Board, and (

b) the assent if necessary of the proprietary 'electors IQf ithe municipality. Consequential Amendments To Other Acts 19. The Local Authorities Board Act is amended as to

section 70 by striking out subsection (2). 20. The Municipal Government Act is amended as to

section 130, subsection (2) by striking out the words "an urban renewal scheme" and by substituting the words "'a r'ehabilitation program". 4

15. Consequential to new federal neighbourhood improvement program. 16. Consequential to new federal neighbourhood improvement program. 17. Consequential to new federal neighbourhood improvement program. 18. Subsection (1) replaces sections 20.1, 33 and 37, subsection (1) of the Act.

Section 70, subsection (2) of The Local Authorities Board Act presently reads: (2) Subsection (1) does not apply to any project undertaken or com menced pursuant to The Alberta Housing Act.

Section 130, subsection (2) of The Municipal Government Act presently reads:

(2) In this Act "plan of development" means a development scheme pursuant to The Planning Act but does not include an urban renewal scheme under The Alberta Housing Act. 4

21. The Municipal Land Loans Act is amended (

a) as to

section 2 by striking out clause (

d) and by sUbstituting the following clause: (d) "rehabilitation program" means a program de s'igned ito improve the environmental, housing or living conditions of or in a blighted or sub standard area. (

b) as to

section 4 (

i) in subsection (1), clause (

a) by striking out the words "urban renewal scheme" and by substituting the w 0 r d s "rehabilitation program", (ii) in subsectio~ (2), clause (

a) by striking out the words "urban renewal schem'e" and by substituting the w 0 r d s "rehaJhilitation program". 22. This Act comes into force on the day upon which it is assented to. 5

Section 2, clause (

d) and

section 4 of The Municipal Land Loans A:ct presently read: 2. In this Act, (d) "urban renewal ,scheme" means' an urban renewal scheme with in the meaning of The Alberta Housing Act. 4.

(1) Subject to this Act, any municipality may, by by-law, borrow money from the Provincial Treasurer to be applied to the acquisition of land which the municipality anticipates would be required (

a) for a contemplated urban renewal scheme, or (

b) for a contemplated controlled street.

(2) A loan maybe made and any land may be acquired (

a) before the urban renewal scheme is approved, or (

b) before the construction of the controlled street has been authorized, as the case may be. 5 Title: 1974 (17th, 3rd) Bill 15, The Alberta Housing Amendment Act, 1974

Document details

Collection	Alberta — Bills
Citation	L17 S3 5281
Type	bill
Volume / chapter	L17 S3 5281
Language	en
Format	json
Source	PROVINCIAL
Identifier	2d7dd33a404a0ab20e0f9e88be0d4e45f876e5a5

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