Bill 102 (Legislature 11, Session 4)

L11 S4 7013

Alberta — Bills

Bill No. 102 of 1951. A BILL TO AMEND THE MUNICIPAL DISTRICT ACT. NOTE. This Bill amends The ltlunicipal District Act, being

chapter 151 of the Revised Statutes of Alberta,

Section 28 is amended by changing the reference to "polling division" to a reference to "electoral division" and by changing the reference to The Provincial Lands Act to The Public Lands Act. The

section is further amended by correcting the reference to

section 15 to refer tOo

section 11. The heading immediately preceding

section 35 is amended as tenants are no longer permitted to vote under this Part of the Act.

Section 35 is amended by deleting 'all references to tenants. Secti'On 101 is amended. The returning officer, under the amended section, is required to declare the result of the poll immediately he has summed up the result of the PQII as shown by the statements from the polling divisions.

Section 125 is repealed as the provisi'Ons contained in this

section are now contained in The Controverted Municipal Elections Act.

Section 134 is amended. A new clause (

i) prohibits any person whose seat in the council has been declared vacant by reason of clauses (a), (/) or (

g) of

section 161 from being eligible for re-election for a period of three years.

Section 161 is lamended so that the council may declare a seat on the council vacant when a person comes within the prQvisi'Ons of this section.

Section 164 is amended to authorize increased payments to councillors of a municipality' while acting on a committee or attending a meeting of a divisional schQol board.

Section 166 is amended S'O that a meeting held pursuant thereto must be held within thirty days from the date of receipt of the petitiQn for a meeting. A new

section 181a is added. It confers upon any elector the right to examine, at reasonable times, municipal docu ments of the nature described in the s·ection. A new

section 181b provides that a certified copy of any document of a municipal district, under the hand of the

ii secretary-treasurer and bearing the seal of the distr!ct shall be received as evidence without further proof of Its authenticity.

Section 197 is amended so that the consent of the Minister of Public Works must be obtained before a municipality closes a public street or highway. The reference in

section 224 to The Forest and Prairie Fires Prevention Act is changed to The Forests Act.

Section 234 is amended to extend the power of the coun cil to arrange for the destruction 'Of pests dangerous to grain to provide for the destruction of pests dangerous to live stock, poultry and other property as well. The amendments to

section 245 authorize the municipal district to enter into agreements for hospitalization for the entire municipality and authorize the granting of aid for the erection and maintenance of hospitals within the district.

Section 248 is struck out. Its provisions are already cover ed by regulations made pursuant to The Public Health Act. The poOwer 'Of a council to construct pipe lines is deleted by striking out subsection (5) of

section

Section 250a is amended to extend its provisions to the 'acquisition of water and water supply systems.

Section 252 is struck out and replaced by

section 252 as enacted by O.C. 801-50. This provision is in force from June 1st, 1950 to the date on which this Bill is assented to.

Section 252 as, enacted by this order in council is struck out effective on the date this Bill is assented to and a new

section 252 is substituted. The new

section authorizes entry into agreements with approved hospitals for the care and treat ment of persons within the municipality.

Section 322 is struck out and a new se'ction 322 as enacted by O.C. 801-50 is, substituted which remains in force from the 1st of June, 1950, until this Bill is assented to.

Section 322 as enacted by O.C. 801-50 is struck out effective on the date this Bill is assented to and a new

section 322 is sub stituted. The new

section 322 authorizes the imposition of a minimum hospital tax within the municipality. Secton 323 is amended toO change the reference therein contained to sections 320 and

Section 352 is amended. Under the amended

section the returning officer will be required to certify to the council the percentage of proprietary electors voOting who have approved a by-law. At present he is required to certify whether or not two-thirds of the proprietary electors have approved the by-law.

Section 383 is amended to require the council to declare a seat vacant where any member of the council has been convicted of signing an acceptance or nomination containing a false statement.

iii Form C in the

Schedule is amended by striking out the reference to a person who. is liable to a business tax. Form R in the

Schedule is amended by substituting a reference to The Public Lands Act for the present reference to The Provincial Lands Act which has been repealed. The last paragraph in the Form is also struck out. This BiB comes into force upon assent except for clause (

b) of

section 15 and sections 19, 21 and 23, being the amendments authorized by O.C. 801-50, which shall be deemed to have been in force since June 1st, 1950, until the coming into force of this Bill. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 102 of 1951.

An Act to amend The Municipal District Act. (Assented to , 1951.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Municipal District Act, being

chapter 151 of the Revised Statutes of Alberta, 1942, is hereby amended. 2. Secti.on 28, subsection (1) is amended,-

Section 28 amended (

a) by striking out the word "polling" and by sub- stituting the w.ord "electoral"; (

b) by striking out the words "The Provincial Lands Act" where they occur in clause (

d) and by sub stituting the words "The Public Lands Act"; (

c) by striking out the word and figure "section 15" where they occur in clause (

d) and by substituting the word and figure "section II". 3. The heading immediately preceding

section 35 amended by striking .out the wo~ds "and Tenants". is Heading amended

Section 35, subsection (4) is amended by striking out Sectior 35 the words "Dr other person". amen ed

Section 101, subsection (5) is amended by striking out

Section 101 the words "has counted the ball.ots" and by substituting the amended words "has summed up the result of the poll as shown by the duplicate statements".

Section 125 is repealed.

Section 125 repealed

Section 134 is amended by adding immediately after

Section 134 . I amended clause (

h) the follOWIng new cause: " (

i) any person whose seat on the council has been de dared vacant by reason of clauses (a), (

I) or (

g) of

section 161, until the expiration of three years from the date upon which his seat was so declared vacant.".

Section 161 is amended by adding at the end the words Secti~n J61 "and the council shaH forthwith so declare it". amen e

Section 164 amended

Section 166 amended Date of meeting Posting notices New sections l8la and 181b Inspection of records by elector Copy of document received as evidence

Section 197 amended 2

Section 164 is amended,- (

a) Iby striking out the word "five" where it occurs in subsection (9) and by substituting the word "eight" ; (

b) by striking 'Out the word "six" where it occurs in subsection (10) and by substituting the word "eight".

Section 166 is amended,- (

a) by renumbering the

section as subsection (1); (

b) by adding immediately after the word "twenty" where it occurs in subsection (1) the word "prop rietary" ; (

c) by adding immediately after subsection (1) the following new subsections: "

(2) The date for the meeting named in the notice shall be not more than thirty day from the date of receipt of the petition. "

(3) The notices shall be posted at least seven clear days prior to the date for the meeting named in the notice.". 11. The fQllowing new sections 181a and 181b are added immediately after

section 181: "181a.

(1) Any elector under the supervision of the secretary-treasurer and during his 'Office hours may inspect,- "(

a) any account, contract, by-law, minutes of council meetings, report of any cQmmittee or of any official of the municipal district, other than the municipal district solicitor or any counsel engaged by the mu nicipal district after the s-ame has been submitted to the council; " (

b) the voters' lists, poll books or other documents other than marked ballots relating to any election or voting. "

(2) The secretary-treasurer within a reasonable time after demand by an elector shall furnish him with a copy of any ,such dQcument or part thereof at the rate of twenty five cents per one hundred words. "181b. A copy of any book, record, document or account certified under the hand of the secretary-treasurer and the municipal district seal shall be received in evidence without proof of the seal of the municipal district or of the signature or official character of the person appearing to have signed the same, unless the court or a judge thereof otherwise orders.".

Section 197, subsection (1) is amended,- (

a) by adding immediately after the word ':Minister" the words "of Public Works"; (

b) Iby striking out the words", the subsQil of which is not vested in the Crown".

3 1.3.

Section 224 is amended by striking out the words

Section 224 "The Forest and Prairie Fires Prevention Act" and by sub- amended stituting the words "The Forests Act". 1.4.

Section 234 is amended by adding immediately after

Section 234 the word "grain" the words "live stock, P'Oultry or other amended property" . 1.5.

Section 245 is amended,-

Section 245 ( ) b.. t .k. amended a uy srI. lng .out the wQrds "provided that the agree- ment will not be applicable to any part of the mu- nicipal district which is within a municipal hospital district" where they 'Occur in subsection (2) ; (

h) by striking out subsecti'On (3) and by substituting the following: "

(3) The council may pass a by-law for granting aid Aid ~or for the erection and maintenance of hospitals within hospItals or without the municipal district.". 1.6.

Section 248 is repealed.

Section 248 repealed 1.

Section 250 is amended by striking out subsection (5).

Section 250 amended

Section 250a is amended,-

Section 250a (

a) by adding immediately after the word "P'Ower" amended where it firstly oecurs in subsection (1) the words "water supply"; (

b) by adding immediately after the word "power" where it secondly occurs in subsection (1) the word "water" ; (

c) by adding immediately after the words "boundaries 'Of the municipal district", where they occur in sub section (2), the w.ords "or any part thereof"; (

d) by adding immediately after the word "power" where it occurs in subsection (2) the word "water". 1.9.

Section 252 is struck out and the following is sub- Hection 252 stituted: amended "252.

(1) The council of any municipal district may pass Hospital by-laws applicable to the whole 'Or any part of the municipal agreements district which is not included within a municipal hospital district and in accQrdance with The H osptals Act for the purposes 'Of,- "(

a) entering into an agreement with an approved hos pital,- "(

i) f'Or the care and treatment 'Of any person liable to. pay taxes in respect of real property in the municipal district Qr part thereQf, or liaible to deliver a share of the crop as rental on pr'Ovin cial government lands in the municipal district or part thereof, including the spouse, depend ent family and domestic female help of such person; and

Section 252 amended Hospital agreements 4 "(ii) for the care and treatment on a voluntary con tract basis of persons who are residents of the municipal district or part thereof, and who are not liable to pay taxes in respect of real prop erty in the municipal district or· part thereof, .or liable to. deliver a share of the crop as rental on provincial go.vernment lands in the municipal district .or part thereof, including the spouse, dependent family and domestic female help of such person; " (

b) providing f.or the admissi.on and care and treatment .of the pers'Ons mentioned in clause (

a) as an emer gency admission or medically referred admission in an appr.oved hospital, other than the approved hos pital with which the municipal district has entered into an agreement, under the circumstances set out in

section 3c 'Of The Hospitals Act. "

(2) The expenses incurred to provide hospital facilities pursuant to subsection (1) shall be met by the levy and collection .of a mill rate tax upon real pr.operty liable to assessment and taxation and by the collection of the amounts payable by those persons wh.o have entered voluntary con-' tracts pursuant to subclause (ii) of clause (

a) of subsection (1) in such amount as the council may determine. "

(3) The council may fix the amount payable for hospital ization pursuant to subclause (ii) of clause (

a) of sub section (1) ,- " (

a) by a single resident; "(

b) iby a resident for himself and his dependent family, who wishes to. enter a v.oluntary contract with the council pursuant to the provisions of this section.".

Section 252 is struck out and the foll.owing is sub- stituted,- "252.

(1) The council of any municipal district may pass by-laws applicable to the whole or any part of the municipal district which is not included within a municipal hospital district and in accordance with The Hosptals Act for the purposes of,---.. "(

a) entering into an agreement with an approved hos pital,- "(

i) for the care and treatment of any person liable to pay taxes in respect of real property in the municipal district or part thereof, or liable to deliver a share of the crop as rental on provin cial government lands in the municipal district or part thereof, including the spouse, dependent family and domestic female help of such person, and the surviving spouse, dependent family and domestic female help of such a person after ,his decease so long as the estate is liable to pay the taxes or deliver the share of crop for which the deceased person was liable; and "(ii) for the care and treatment on a voluntary con tract basis of any pers.on who is a resident of

5 the municipal district or part thereof, and who is not liaible to. pay taxes in respect of real property in the municipal district or part there of or to deliver a share of the crop as rental on provincial government lands in the municipal district or part thereof, including the spouse and dependent family of such person; " (

b) providing for the admission and care and treatment of the persons mentioned in clause (

a) as an emer gency admission or medically referred admission in an approved hospital, other than the approved hos pital with which the municipal district has entered into an agreement, under the circumstances set out in

section 3c of The Hospitals Act. "

(2) The oounciI may fix the amount payable for hospital- ~~~~f! for ization pursuant to subclause (ii) of clause (

a) of sub- contrac.ts section (1),- " (

a) by a single resident; and " (

b) by a resident for himself and his dependent family, who wishes to enter a voluntary contract with the Icouncil pursuant to the provisions of this section. "

(3) The amount fixed under subsection (2) may be suf- ficient to pay for part or all of the expenses incurred in res-pect of such persons. "( 4) The expenses incurred to provide hospital facilities Payment of pursuant to suibsection (1) shall be met,- expenses "(

a) by the levy and collection of a mill rate tax upon real property liable to assessment and taxation; and " (

b) by the fixing and collection of the amounts, payable by those persons who have entered voluntary con tracts pursuant to subclause (ii) of clause (

a) of subsection (1).".

Section 322 is struck out and the fQlIowing is sub- ~:!~Od~J22 stituted: "322.

(1) In case the council has entered into an agree- ~ini~~~ ment with an approved hospital and has levied a mill rate OSPI a ax tax for purposes of the agreement the council may by by-law fix a minimum hQspital tax to be paid by every person assessed upon the assessment and tax roll for such hospital agreement purposes. "(2.) Where any council has passed a by-law under sub section (1), the amount fixed as payable for hospitalization under a voluntary contract pursuant to

section 252 (3) shall not be less than the amount fixed by the by-law passed pursuant to subsection (1) .". QlQ S' 2' t k t d th f II . . ib

Section 322 ~~. ecbon 32 IS S ruc ou an e .0 OWIng IS SUI - amended stituted: h ·1 h t d' t t Minimum "322. In case t e counCl as en ere In 0 an agreemen hospital tax with an approved hospital ~and has, levied a mill rate tax for purposes of the agreement the council may by by-law f!x a minimum hospital tax in an amount not in excess of eIght

Section 323 amended

Section 352 amended Sec.tion 383 amended

Schedule amended

Schedule amended 6 dollars to be paid by every person assessed upon the assess ment and tax roll for such hospital agreement purposes.".

Section 323, subsection (1) is amended by striking out the word and figures "321 or 322" and by substituting the word and figures "or 321".

Section 352 is amended by striking out the words "whether or not two-thirds of the proprietary electors who have voted on the by-law, approved of the same" and by sub stituting the words "the percentage of the proprietary electors voting on the by-law who have approved of the same".

Section 383 is amended by adding at the end the words "and the council shall forthwith so declare it". 26. Form G in the

Schedule is amended by striking out the words "or as being liable to a business tax". 27. Form R in the

Schedule is amended,- (

a) by striking out the words "The Provincial Lands Act" and by substituting the words "The Public Lands Act"; (

b) by striking out the words, "Or "You do swear (or solemnly affirm) that you are a Brit ish subject of the full age of twenty-one years; that you are or were (as the case may be) a member of His Majesty's Forces in the war just concluded; that at the time of joining the said Forees you were a resident of Division No ................ . in the Municipal District of ..................................................... . No ................. and that you are now a resident of the said Division.

SWORN (or affirmed) before me at the ................................. . of .................................... in the Province of Alberta, this ................ day of ...................... . 19 ........ . 28. This Act shall come into force on the day upon which it is assented to and upon so coming into force clause (

b) of

section 15 and sections 19, 21 and 23 shall be deemed to have been in force at all times on and after the first day of June, 1950, until the date of the coming into force of this Act.

No. 102. FOURTH SESSION ELEVENTH LEGISLAnJRE 15 GEORGE VI 19,51 BILL

An Act to amend The Municipal District Act. Received and read the First time ............................ . Second time ..................................... . Third time .... HON. MR. GERHART. Title: 1951 (11th, 4th) Bill 102,

An Act to amend The Municipal District Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 7013
Type	bill
Volume / chapter	L11 S4 7013
Language	en
Format	json
Source	PROVINCIAL
Identifier	2e7ca1475439847bf66565f87faf3b5248be7430

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