Bill 9 — First Session, 22Nd Legislature, 38 Elizabeth Ii the Legislative Assembly of Alberta Bill 9 Parks Towns Act (Legislature 22, Session 1)

L22 S1 2832

Alberta — Bills

1989 BILL 9 First Session, 22nd Legislature, 38 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 9 PARKS TOWNS ACT MR. EVANS First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 9 Mr. Evans BILL 9 1989 PARKS TOWNS ACT (Assented to , 1989) Table of Contents

Definitions 1 Agreements to form town 2 Formation of town 3 Limitation on powers of town 4 Status of town under provincial law 5 Assistance of school board re town 6 School board functions 7 Transitional 8 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) "agreement" means an agreement entered into between the federal Minister and the Minister pursuant to

section 9.1 of the National Farks Act (Canada); (b) "area" means a community located in a National Park that would qualify to be formed as a town under the Municipal Govemment Act if that community were located outside of a National Park; (c) "federal Minister" means the Minister of the Government of Canada who is responsible for the administration of the National Farks Act (Canada); (d) "laws of Alberta" means any statute enacted by the Legislature of Alberta and includes any regulation or order made under a statute enacted by the Legislature of Alberta; (e) "Minister" means the Minister of Municipal Affairs; (f) "National Park" means a National Park under the National Parks Act (Canada); (g) "school board" means a board as defined in the School Act that administers a school district that is located in a National Park; (h) "school district" means a district as defmed in the School Act; 1

Agreement to torni town Formation of town (i) "town", except in clause (b), means a town formed under this Act. 2(1) When the Minister is satisfied that the majority of the electors of an area are in favour of forming a town, the Minister may enter into an agreement with respect to the formation of a town.

(2) For the purpose of subsection (1), "elector" means a person who (

a) resides in an area, and (

b) is an elector of the school district within which the area is included. 3(1) On an agreement being entered into with respect to an area's being formed into a town, the Lieutenant Governor in Council may make an order forming that area into a town.

(2) The order forming a town shall (

a) describe the boundaries of the town as set out in the agreement; (

b) give a name to the town as "The Town of "; (

c) state the effective date of the order.

(3) The order made under this

section may be made effective on a date or dates as the Lieutenant Governor in Council may determine, which may be in the year that is prior to the year within which the order is made.

(4) When a town is formed under this Act, the mayor, councillors and other electors of the town become a corporation with the name given to the town in the order forming it.

(5) The Minister may make regulations (

a) governing the transfer from a school board to a town of any municipal function or service that is being provided by the school board pursuant to Division 5 of

Part 6 of the School Act; (

b) governing, in accordance with an agreement, the dissolution of a town; (

c) providing for any matter with respect to a town that is necessary to achieve the purposes and intent of (

i) this Act or an agreement, or (ii) an order made under subsection (1). Limitation on 4 Neither a town nor its council is empowered to exercise any power powers ot town m^^jgi- ^^g i^^yg gf Alberta except as permitted by an agreement. Status of town under provincial 5 Except as provided for in this Act and the agreement entered into with respect to an area's being formed into a town, a town is a town for all purposes as though it had been formed by an order of the Lieutenant Governor in Council under the Municipal Govemment Act.

Assistance of ichool board re own 6(1) Notwithstanding the School Act, the Minister may by order empower a school board, subject to any terms or conditions that the Minister considers appropriate in the circumstances, (

a) to take any action or perform any function with respect to an area that the Minister considers necessary to prepare for the for mation of a town, and (

b) to make any by-law relating to the operation of a town or the conduct of a town's affairs that a council of a municipality may make under the laws of Alberta.

(2) An order may be made under this

section in respect of an area prior to an agreement's being entered into with respect to that area's being formed into a town.

(3) On the day that a town is formed, a by-law made pursuant to subsection (l)(

b) with respect to that town becomes a by-law of the town.

(4) Subject to subsections (5) and (6), where a by-law is made pursuant to subsection (l)(b), that by-law does not come into force until the day that the town is formed.

(5) Where a by-law is made pursuant to subsection (l)(b), that by-law does not come into force until it satisfies all the terms and conditions, if any, that apply to it as set out in the agreement entered into with respect to the area's being formed into a town.

(6) Where a by-law is made pursuant to subsection (l)(

b) with respect to any subject matter that is governed by regulations enacted pursuant to a statute of the Parliament of Canada, that by-law does not come into force until those regulations no longer apply to the town. School tx)ard functions 7 Notwithstanding the School Act or this Act, a school board may (

a) continue to act pursuant to Division 5 of

Part 6 of the School Act within that portion of the school district that is located outside the boundaries of a town, and (

b) enter into arrangements with a town that is located within the school district under which the town may exercise those powers referred to in

section 165(l)(

a) of the School Act in any portion of the school district that is located outside the boundaries of the town in the same manner as if the town were the school board. Transitional 8(7) An order under

section 6 respecting the board of trustees of the Banff School District No. 102 may be made effective on any date after June 13, 1988.

(2) An election shall be conducted on October 16, 1989 for the purposes of electing for the first time a mayor and councillors for the Town of Banff notwithstanding that the order forming the Town of Banff may not be in effect at the time of the election.

(3) The Local Authorities Election Act, subject to any modifications that the Minister may make under

section 5 of that Act, applies to the election referred to in subsection (2) and if an order forming the Town of Banff is not in effect at the time of the election,

section 7 of that Act shall apply as if the area that is to become the Town of Banff constituted a newly formed local jurisdiction as referred to in that section.

(4) Those persons elected as mayor and councillors pursuant to the election referred to in subsection (2) shall form the council of the Town of Banff effective on the date that the order forming the Town of Banff comes into effect.

(5) Notwithstanding

section 36(1) of the Municipal Government Act, the term of office of a person elected pursuant to an election referred to in subsection (2) of this

section shall, unless the office is sooner vacated, continue to the organizational meeting of the council following the next ensuing general election. Title: 1989 (22nd, 1st) Bill 9, Parks Towns Act

Document details

Collection	Alberta — Bills
Citation	L22 S1 2832
Type	bill
Volume / chapter	L22 S1 2832
Language	en
Format	json
Source	PROVINCIAL
Identifier	2df055b57487b1fbd6583b381f2c3ab775c393e3

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