Bill 81 — A Bill To Amend the Municipal District Act (Legislature 13, Session 3)

L13 S3 6317

Alberta — Bills

No. 81 3rd Session, 13th Legislature, Alberta 5 Elizabeth II, 1957 BILL 81 A Bill to amend The Municipal District Act HON. MR. HOOKE EDMONTON,ALBERTA Printed by A. SHNITKA, Printer to the Queen'sl\1ost Excellent Majesty, 1957

Explanatory Note 2. (

a) This amendment would provide for a subsister:ce allow ance to councillors attending a two or three day meetmg of' the council or in the alternative would permit payment to the co~n cillors each day of mileage coming to and going from the meetmg of the council, (b) Subsection (7) now reads: "

(7) No payment shall be made under subsection (6) .. (

a) for more than fifteen days in anyone year, in respect of a municipal district that is not greater than fifteen full to''I"n ships in area, or "(

b) for more than thirty days in anyone year, in respect of a municipal district that is greater than fifteen full townships in area." The number of days' supervision of public works permitted by the councillors is being increased from fifteen to twenty days in municipal districts of an area not greater than fifteen full town ships and from thirty to forty days in districts greater than fifteen full townships in area. 3. Subsection (4) now reads: "

(4) Where the Minister disallows any such appointment, the reeve shall immediately call a special meeting of the council for the purpose of appointing another person as secretary-treasurer.". 4. This amendment will permit the use of mechanically repro duced signatures where now the secretary-treasurer is required to make payments. Clause (

s) of subsection (1) requires that the secretary-treasurer "(

s) shall make all payments on behalf of the municipal district by cheque signed by himself and countersigned by the reeve or by the deputy reeve and drawn on the treasury branch or chartered bank in which the moneys of the municipal district are deposited,",

BILL No. 81 of 1957

An Act to amend The Municipal District Act (Assented to , 1957) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Municipal Dist1'ict Act, being

chapter 215 of the Revised Statutes of Alberta, 1955, is hereby amended.

Section 55 is amended (

a) by adding immediately after subsection (1) the following subsection: " (1a) The council may pass a resolution for paying members of the council " (

a) a subsistence allowance for each full day spent in attendance at meetings, or " (

b) twelve cents per mile for every mile neces sarily travelled each day in coming to and returning from the meeting of the council, whenever a meeting of the council continues for more than one day.". (

b) as to subsection (7) (

i) by striking out the words "fifteen days" where they occur in clause (

a) and by substituting the words "twenty days", (ii) by striking out the word "thirty" where it oc curs in clause (

b) and by substituting the word "forty".

Section 59 is amended by striking out subsection (4).

Section 61 is amended (

a) by renumbering the

section as subsection (1), (

b) by adding immediately after the renumbered sub section (1) the following subsection: "

(2) If authorized by by-law of the council to

2 5. (a) subsection (3) now reads: . . twd the reeve shall forthwith "(3) "\Vhenever an assessor IS. appolll <1 ' ·1 d·n the event of advise the Minister of the appollltment .)y mal an 1 shall im- the Minister disallowi~g any ~uch faPtPholll~~~~b tr~r rt~:epurpose of mediately call a special meetlllg 0 ,~ appointing another person as assessor. (

b) This amendment is complementary to clause 6. It will per mit the Department to pay half of the cost of assessment where the assessor is not a member of the Department. 6. This amendment will allow the Department to bear fif1y per cent of the cost of any assessment in a municipal district instead of only twenty-five per cent of the cost of a hamlet aSSESS- ment as is the case at the present time. . -7. Subsections (5) and (6) read: "

(5) The appointment of an auditor is subject to the approval of the ::\Iinister, who shall forthwith be advised thereof by letter and the Minister may confirm the appointment or disallow it. "(6) "\Vl}en the Minister disallows the appointment of an auditor, the council, at a regular or special meeting held within one month after the receipt by the secretary-treasurer of notice of the disallow ance, shall appoint another person, company or firm as auditor, subject to the confirmation or disallowance of the Minister under subsection (5)." . 8 . .

As the Act now stands it is necessary for the auditor to examine every account, voucher, receipt and paid debenture and to stamp the same. The amendments will enable the auditor to make spot checks and conduct the audit in a way that will satisfy him as to the correctness of the records.

2 do so, the secretary-treasurer may print, litho graph or otherwise mechanically reproduce any signature required by subsection (1) .".

Section 64 is amended (

a) as to subsection (3) by striking out the words "and in the event of the Minister disallowing any such appointment, the reeve shall immediately call a special meeting of the council for the purpose of appointing another person as assessor", (

b) by adding imlnediately after subsection ( 4) the following subsection: "

(5) When a reassessment of all or any part of a municipal district is made by an assessor ap pointed pursuant to subsection (1), fifty per cent of the cost thereof, which shall be computed on a basis to be determined by the Minister, may be borne by the Department of Municipal Affairs, if " (

a) the qualifications of the assessor are accept able to the Minister, " (

b) a performance bond acceptable to the MinIster has been posted, and " (

c) the work completed by the assessor has been carried out in accordance with the recommen dations contained in the Assessment Manual and is acceptable to the municipal district and the IVIinister.".

Section 65 is amended by striking out subsections (2) and (3) and by substituting the following: "

(2) When an assessment is made by an assessor ap pointed by the Director of Assessments pursuant to sub section (1) " (

a) fifty per cent of the cost of the assessment shall be borne by the Department of Municipal Affairs, and " (

b) fifty per cent of the cost constitutes a debt due to the Crown and shall be paid by the municipal district concerned upon submission to it of the account of the Department of Municipal Affairs.".

Section 66 is amended by striking out subsections (5) and (6) and by substituting the following: "

(5) When an auditor is appointed by the council, the secretary-treasurer shall forthwith advise the Minister by letter of the appointment.".

Section 67 is amended (

a) by striking out subsection (1) and by substituting the following: "67. ( 1) At least once in each year, the a udi tor shall

3 9. This amendment will enable a person to be appointe4 to a position authorized by The Civil Defence and Disaster Act wIthout jeopardizing his privilege of being nominated and elected as a councillor. See note clause 30. 10. The meeting time for annual meeting speeified as to its beginning to require more time to be given for the discussion of municipal affairs. Subsection (6) presently reads: "

(6) The council shall also provide for holding an annual meeting for the discussion of municipal affairs at one o'clock in the afternoon on the same day and at the same place as the nomination lueeting." 111. The Act presently makes no provISIOn to hold another nomination day and election day in the event of death or sudden r-on-residence. 1,Z.

Section 218 now reads: "218.

(1) A proprietary elector resident in an electoral division and qualified in respect of land therein may vote only in that division. "

(2) A proprietary elector not within the terms of subsection (1) and whetber resident in the municipal district or not may vote in the electoral division in which the land is situated in respect of which he is qualified as a proprietary elector. "

(3) If a proprietary elector is qualified in respect of land in more than one electoral division then he may vote only in that electoral division in which his assessment is higher than in any other electoral division in which he holds land. "

(4) In the case of equality of assessment the proprietary elector referred to in subsection (3) may vote only in the electoral division that bears the lower or lowest number and in which he holds land.".

3 "(

a) conduct a general review of the accounting procedures of the municipal district, and " (

b) make such tests of the accounting records and other records as he considers necessary to be able to certify that the books and accounts of the municipal district are properly kept in accordance with standard municipal account ing practices.", (

b) as to subsection (2) (

i) by striking out the words "stamp in indelible letters the word "Audited" and initial the same" and by substituting the words "indicate by the use of an indelible stamp that he has examined the same", (ii) by adding immediately after the word "debent ure" where it occurs in clause (

e) the words "so examined" .

Section 87, subsection (1) is amended (

a) by adding at the end of clause (

d) the word ", or", (

b) by adding immediately after clause (

d) the follow ing clause: " (

e) being appointed to a position under The Civil Defence and Disaster Act.".

Section 96 is amended by striking out subsection (6) and by sUbstituting the following: "

(6) The council shall also provide for holding an an nual meeting for the discussion of municipal affairs, which shall be held, not earlier than ten o'clock in the forenoon nor later than one o'clock in the afternoon, on the same day and at the same place as the nomination meeting.". 11. The following new

section is added immediately after

section 108 : "10Sa.

(1) When after being nominated and before the close of the poll a candidate ceases to be a resident of the municipal district or dies, the returning officer shall fix new days for the nomination of candidates and for polling. "

(2) The polling day to be fixed by the returning officer under this

section shall be the nearest practicable day after six days from the date fixed for the new nomination day. "

(3) The returning officer shall notify the secretary treasurer of the municipal district of the reason for the postponement of the election.".

Section 218 is struck out and the following is sub stituted: "21S. When voting upon a by-law, a proprietary elector may vote at the poll of his choice in the municipal district.".

13. This subsection is amended for the purpose of having the limitation upon actions under this

section apply also when a council does road work in an improper manner as well as where it fails to keep a road in repair. Subsection (1) presently reads: "242.

(1) No action shall be brought under the pro~isions of

section 240 except within six months from the date on WhICh the cause. of action arose and unless notice in writing' of the cause of the actIOn has been mailed to or served upon the secretary-treasurer. of the municipal district within one month after the date on WhICh the cause of action arose." 14. This amendment will require a complainant to give notice to a council within sixty days after the cause of complaint arises, so that a council may investigate a flooding at a time when an investigation would be most fruitful. Subsection (9) presently reads: "

(9) No comnlaint that a default has bepn made by a council in performing a duty imposed upon the council by SUbsection (1) shall be lodged after the expiration of two years from the date the alleged defa ult occurred." 1:51. This

section provides for a complaint to be made to the Minister of Municipal Affairs when a council has defaulted upon a duty to make adequate provision for the drainage of highways under the control of the council and the disposal of water there from or has made an unfair and unwarranted order upon a complaint to it. This amendment and the amendment proposed by clause 16 are complementary, and will change the present procedure so that a complaint under

section 244 would be heard by a district court judge instead of the Minister. Otherwise the sections concerned remain almost unchanged.

Section 244 presently reads: "244.

(1) An owner or occupier of land who has complied with the provisions of subsections (2) and (3} of

section 243 may make a complaint in writing to the Minister "(

a) that a default has been made by the council in performing the duty cast upon it by

section 243, or "(

b) that the decision of the coun('il on a complaint under

section 243 is unfair and unwarranted. "

(2) Upon receipt of the complaint the Minister shall refer the same to the Director of 'Vater Resources. "

(3) The Director of Water Resources shall make or cause to be ma~e by such pe.rson as he may al1Point, an inquiry into the com plaIn~ and the DIrector of "Tater Resources or the person appointed by hIm "(

a) shall examine the site of the complaint, and "(

b) shall have access to the records of the secretary-treasurer with respect to all matters concerning the complaint for the purpose of the inquiry. "

(4) The Director of Water Resources shall report to the Minister "(

a) whether or not there are grounds for the complaint, and "(

b) if there are grounds for the com!1Iaint, the measures that shoul~ be taken by the council to remedy the default that contributed to the cause of the complaint. "(5\ The Minister in his discretion by order may require the council to <;arry out any such ~easures as he deems proper, and may state a tIme for the completIOn of the measures. "

(6) If the ¥inister does not issue an order respecting; the disposal of the complaInt he shall notify the council and the complainant "(

a) that no order will issue, and "(

b) that .the compla;ina~t is entitled upon receipt of the notification to brIng an aetlOn In any court of compdent jurisdiction."

Section 242, subsection (1) is amended by striking out the word t'N 0" and by substituting the words "Whether the want of repair was the result of non-feasance or mis feasance, no".

Section 243, subsection (9) is amended by adding immediately after the word "occurred" the words "and unless notice in writing of the default has been mailed to or served upon the secretary-treasurer of the municipal district within sixty days after the day on which the cause of complaint arose".

Section 244 is struck out and the following is sub stituted: "244.

(1) An owner or occupier of land who has com plied with the requirements of subsections (2) and (3) of

section 243 may make a complaint in writing to a judge of the district court within which the land is situate, that " (

a) a default has been made by the council in per forming a duty laid upon it by

section 243, or " (

b) the decision of the council on a complaint under sectio.n 243 is unjust and unwarranted. "

(2) When an owner or occupier of land makes a com plaint under subsection (1), he shall pay into court the sum of twenty-five dollars as security for costs to abide the event, and the judge on a complaint may direct that notice of the complaint be served upon the municipal district. "

(3) The judge shall hold an inquiry to ascertain whether or not there are grounds for the complaint and, if there are grounds, shall on inquiry determine the meas ures that should be taken by the council to remedy the default that contributed to the cause of complaint. "( 4) The judge in his discretion may order the council to carry out any measures that he deems proper to remedy the default and may fix a time for the completion of any measure so ordered to be carried out. "

(5) If the judge does not issue an order respecting the disposal of the complaint, he shall notify the council and the complainant " (

a) that no order will issue, and " (

b) that the complainant is entitled upon receipt of the notification to bring an action in any court of competent jurisdiction.",

5 116. See note to clause

Section 245 presently reads: ".245. No action for an omission or defau!t by a council to perform its duties under

section 243 lies at the SUIt of any person to wh?m subsection (2) of

section 243 applies, unless h~ pas made a complamt in accordance with that

section and t))e l\hmster "(

a) has under subsection (5) of

section 244, ~ade an order that has' not been complied with by the councIl, or "(

b) has, in accordance with subsection (6) of

section 244, declined to Inake an order," 17. This amendment and the amendment in clause 18 are com plementary. The am.endment recognizes th~e .increa~ed. cos~ iD;volved in providing facilitIes needed by a I?umcIpal.dlst!Ict III I.ts ~d ministration and it recognizes the dIfference In SIze of dIstrIcts and the co~squent difference in facilities required.

Section 250, subsection (1) reads at present: "250.

(1) Notwithstanding sections 248 and 249, where a council wishes to move the office of the municipal district to another community, the council shall first pass a by-law authorizing the same." 18. The words to be changed read as follows: "251.

(1) When it is proposed by by-law that an expenditure or liability be made or incurred in anyone year under

section 248, 249 or 250 and the expenditure or liability under any of these sections is to be in excess of five thousand dollars, then before the by-law is finally voted on by the council,". 19. This su?section emp.owers the municipal district to dispose of lands acqUIred for specIfic purposes by the municipal district. At the, ~resent time ~h~s may o~ly be done with the approval of the MInISter of MUnIcIpal AffaIrs. The amendment will remove that restriction. 20. Clau£e (

b) of subsection (1), of

section 295 reads: "295.

(1) A council may pass by-laws "(

b) to grant aid to ag.ri~ultural societies, farmers' organizations approved, by the Mmlster, boards of trade or similar bodies school faIrs and boy scout and girl guide organizations,". ' 21. Subsection (1) now provides that a municipal district may :pass a by-la,w for a hamlet that a villag~ !!lay pass, but the power IS made subJ~t to the a.pprov~l of. the Mmister. That restriction on the power gIven by thIS

sectIOn IS removed by this amendment. 22. Subsection (1) of

section 336 now reads: "336.

(1) An owner, purchaser and conditional owner of assessed land, whether his name appears on the assessment roll or 0 pay taxes, upon th~ assessed value thereof at the rates lawfull n it, sha~ thereon, IrrespectIve of the amount or nature of his inter Yt rt;lPOSthe property.", es In e

Section 245 is amended (

a) by striking out the word "Minister" and by sub stituting the word "judge", (

b) as to clause (

a) by striking out the figure "(5)" and by substituting the figure "( 4) 5', (

C) as to clause (

b) by striking out the figure "( 6) " and by substituting the figure "( 5) ".

Section 250 is amended by striking out subsection (5) and by substituting the following: "

(5) When the moving of the office of the municipal district will involve an expenditure or the assumption of a liability in excess of ten thousand dollars, or five mills on the net total assessment of land, buildings and improve ments of the municipal district, whichever is the greater, the by-law under this

section shall be combined with the by-law required under

section 251 and shall be dealt with as a by-law under that section.".

Section 251, subsection (1) is amended by striking out all the words preceding clause (

a) and by substituting the following: "251.

(1) When it is proposed by by-law that an ex penditure or a liability be made or incurred under

section 248, 249, or 250 and the expenditure or assumption of a liability under any of these sections is to be in excess of ten thousand dollars or 1ive mills on the net total assessment of land, buildings and improvements of the municipal dis trict, whichever is the greater, then before the by-law is finally voted on by the council".

Section 269, subsection (1) is amended by striking out the words "Subject to the approval of the Minister a" and by substituting the word "A".

Section 295, subsection (1), clause (

b) is amended by striking out the words "approved by the Minister" and by substituting the words "the Hudson Bay Route Associa tion".

Section 320 is amended by striking out subsection (1) and by substituting the following: "320.

(1) In the case of a hamlet a council may pass any by-law that a village council may pass under The Town and Village Act.".

Section 336, subsection (1) is amended by adding immediately after the words "assessed land," the words "or personal property,".

6 23. This subsection will permit a no:r:-~esiden~o~~~r~l ~::er of' property to avoid the payment of the mInImUm . 24 This new

section will permit the Minister to require that infor~ation concerning provincial grants and other assIstance to municipalities be circulated to the taxpayers thereof. 25. Subsection (2) of

section 358 begins: "The distress with costs may be levied". The amendment is intended to permit the seizure of personal property subject to a tax lien in settlement of the taxes levied in respect of the personal property regardless of the new owner ship thereof. 26. The proposed amendment would permit the council to borrow up to the limit of seventy-five per cent of the latest tax levy after each repayment providing that at no time must the total borrowings outstanding exceed seventy-five per cent of the current levy.

Section 379 presently reads: "379. 'Yhen any borrowing takes place to meet the current ordinary expenditure of the municipal district the total amount borrowed and outstanding shall not exceed seventy-five per cent of the total taxes levied in the current year by the municipal district to meet the expenditure."

Section 344 is amended by adding immediately after subsection (2) the following subsection: "

(3) Notwithstanding the provisions of subsection (1), where the names of two or more persons appear upon the assessment and tax roll as joint owners of real property, a minimum tax shall, subject to subsection (2), be levied in respect of each owner except a joint owner not resident in the Province of Alberta who submits in writing to the secretary-treasurer of the municipal district a statement setting out that the joint owner is not a resident of the Province and does not intend or desire to receive the bene fits of the hospital agreement.". 24.

(1) The following new

section is added immediately after

section 347: "347a.

(1) In each year a council shall, in such manner, form and detail as the Minister may require, notify every person assessed upon the assessment and tax roll of all pay ments that it is estimated will be made by the Province in that year to the municipal district including the amounts, which shall be computed in such manner as the Minister may require, of the estimated payments applicable to any school district, school division, municipal hospital district or health unit included in whole or in

part in the municipal district. "

(2) In addition to the information mentioned in sub section (1), the Minister may require the inclusion in the notice of such other relevant information pertaining to provincial grants and their effect upon or relation to the taxes levied as he deems advisable. "

(3) When a municipal district fails to comply with any requirement of this section, the Provincial Treasurer, up on the recommendation of the Minister, may withhold any moneys payable to the municipal district, the school district, school division, municipal hospital district or health unit or all of them, until the municipal district has complied with the requirement.".

(2) This

section is applicable on and after the first day of January 1958. :2;5,.

Section 358, subsection (2) is amended by adding immediately after clause (

a) the following new clause: "(a1) upon the personal property that is subject to a special lien under subsection (2) of

section 354,". 2,6.

Section 379 is struck out and the following is sub stituted: "379. When any borrowing takes place to meet the current ordinary expenditures of the municipal district the total temporary loans outstanding after any borrowing is made, shall not exceed seventy-five per cent of the total of the latest tax levy by the municipal district.",

Section 405 now reads: //405. Where the municipal district's general revenue on d~posit exceeds the indebtedness liabilities or commitments of the mUl1lcipal district the council by by-law approved by the Minister may inyest any part of the excess in bonds either of Canada or of the Provll1ce of Alberta, but in no other investment.".

Section 426 now reads: //426. Subject to the approval of the Minister, the council of a municipal district that is designated by the Minister as a semi-urban municipal district may by by-law enter into a contract with any person to supply bus service in any part or parts of t1)e municipal district." .

Section 428 now reads: //428. Where, as a result of the alteration of the boundaries of a municipal district for the purpose of attaining a co-terminous boun dary, any land previously within a special area under The Special Areas Act is tra.nsferred to the municipal district, the land policies a.nd systems of land tenure applied in the special area in respect of that land shall be maintained and applied to that land by the municipal district." . This

section requires a difference in the treatment of land transferred from a special area and under tax recovery proceeding in the municipal district. 30. This is the same amendment as the one made by clause 9 of this Bill, but applies directly to The Municipal District Act 1954 and by clause 31 (2) made retroactive to the date that Act' cam~ into force. 3~. This Bill comes into force with the Revised Statutes, except clause 30 which amends

chapter 70 of the Statutes of Alberta, 1954.

Section 405 is amended by striking out the words "approved by the Minister".

Section 426 is amended by striking out the words "Subject to the approval of the Minister, the" and by sub stituting the word "The".

Section 428 is repealed. 30. Clause (

e) of

section 86 of

chapter 70 of the Stat utes of Alberta, 1954, does not apply to a person by reason only of the person being appointed to a position under The Civil Defence and Disaster Act. 31.

(1) This Act, except

section 30, comes into force on the day the Revised Statutes of Alberta, 1955, come into force.

(2) Section 28 comes into force on the day upon which this Act is assented to and upon so coming into force shall be deemed to have been in force at all times on and after the first day of July, 1954.

No. 81 THIRD SESSION THIRTEENTH LEGISLATURE 5 ELIZABETH II 1957 BILL

An Act to amend The Municipal District Act Received and read the First time ......................................... . Second time ....................................... . Third time. HON. MR. HOOKE Title: 1957 (13th, 3rd) Bill 81,

An Act to amend The Municipal District Act

Document details

Collection	Alberta — Bills
Citation	L13 S3 6317
Type	bill
Volume / chapter	L13 S3 6317
Language	en
Format	json
Source	PROVINCIAL
Identifier	37661e1648155acbc0d662588bad46ba1b72a2ef

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