Bill 11 — Second Session, 20Th Legislature, 33 Elizabeth Ii the Legislative Assembly of Alberta Bill 11 Municipal Financing Statutes Amendment Act, 1984 (Legislature 20, Session 2)

L20 S2 3483

Alberta — Bills

1984 BILL 11 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 11 MUNICIPAL FINANCING STATUTES AMENDMENT ACT, 1984 MR. MUSGROVE First Reading Second Reading Committee of the Whole Third Reading Royal Assent 1 • • H- m -H & ;

BiU 11 Mr Musgrove BILL 11 1984 MUNICIPAL FINANCING STATUTES AMENDMENT ACT, 1984 (Assented to , 1984) HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows: Local Authorities Board Act 1(1) The Local Authorities Board Act is amended by this section.

(2) Section 27(1) is amended by adding the following after clause ij): (

g) to establish limits for borrowing by local authorities.

(3) Section 70 is repealed and the following is substituted: 70(1) When a local authority wishes to raise money by way of debentures, it shall apply to the Local Authorities Board for au thority to do so after 3rd reading of the by-law providing for the debentures.

(2) If the debentures are for the purpose of a work or undertak ing, the application under subsection (1) shall be made before any physical work is commenced on the work or undertaking.

Explanatory Notes Local Authorities Board Act 1(1) This

section will amend

chapter L-27 ofthe Revised Statutes of Alberta 1980.

(2) Section 27(1) presently reads: 27(1) The Board has all the necessary jurisdiction and power (

a) to inquire into the merit of any application of a local authority for permission to raise money by way of debenture or on the security of stock, as provided in this Act; (

b) to supervise the expenditure of money borrowed by a local author ity as provided in this Act; (

c) to deal with the financial affairs of local authorities, as provided in this Act; (

d) to grant permission for the extension ofthe time for repaying the indebtedness incurred by a local authority for the cost of its public works, as provided in this Act; (

e) to separate land from an urban municipality as provided in this Act; (

f) to order compromises of tax arrears as provided in this Act.

(3) Section 70 presently reads: 70 When for the purpose of a work or undertaking or for the acquisition of property or for any other object within its powers a local authority desires to raise money by way of debentures, the local authority shaU apply to the Board for authority to do so before commencing or undertaking the works or project. Explanatory Notes

(4) Section 71 is repealed.

(5) Section 74(

a) is amended by striking out "proposed".

(6) Section 76 is amended by striking out "the certificate ofthe Prov incial Board of Health approving the proposed undertaking has first been obtained under the Public Health Act" and substituting "a per mit has first been obtained under the Clean Water Act". Municipal Government Act 2(1) The Municipal Government Act is amended by this section.

(2) Section 324 is amended (

a) in subsection (1) by striking out "approval of the Local Au thorities Board and the assent of the proprietary electors when their assent is required by this Act" and substituting "assent of the proprietary electors, when their assent is required by this Act, and the approval of the Local Authorities Board"; (

b) in subsection (3) by striking out "issuance of an order or as otherwise authorized by the Local Authorities Board approving a by-law" and substituting "first reading of a by-law"; (

c) by repealing subsection (6) and substituting the following:

(6) If a by-law referred to in subsection (1) (

a) is advertised as required by subsection (3), (

b) is not required to be submitted to a vote of the pro prietary electors as a result of a petition, (

c) is passed by the council, and (

d) is approved by the Local Authorities Board, and because of an increase in the cost ofthe project for which the debt is to be incurred, as determined by public tender or otherwise, the authorized debenture borrowing in the by-law is insufficient to finance the project and there is no increase

(4) Section 71 presently reads: 71(1) In the case of a municipality, the application to the Board shaU be made before or forthwith after theftrst reading of a by-law providing for the debenture and before the by-law is submitted to a vote ofthe proprie tary electors ofthe municipality.

(2) No further action, including advertising, shaU be taken by the munic ipality on the by-law providing for the debenture untU the authorization of the Board has been obtained as provided in this Part.

(5) Section 74(

a) presently reads: 74 An application shaU be addressed to the secretary ofthe Board and shall be accompanied (

a) in the case of an application by the councU of an urban munici pality, by a certifted copy of the proposed by-law providing for the debenture,

(6) Corrects reference.

Section 76 presently reads: 76 When, for the purpose of establishing or extending a system of water works or of constructing, altering or extending a common sewer or system of sewerage, a municipality proposes to borrow money by way of deben ture, the Board shall not grant the authority applied for untd the certiftcate ofthe Provincial Board of Health approving the proposed undertaking has first been obtained under the Public Health Act. I\1unicipal Government Act 2(1) This

section will amend

chapter M-26 ofthe Revised Statutes of Alberta 1980.

(2) Section 324(1), (3) and (6) presently read: 324(1) Subject to the exceptions set out in this or any other Act, no by law for creating a debt not payable within the current year has any effect untU U has received the approval ofthe Local Authorities Board and the assent ofthe proprietary electors when their assent is required by this Act.

(3) Within 60 days from the date ofthe issuance of an order or as other wise authorized by the Local Authorities Board approving a by-law referred to in subsection (1), a councU shaU publish a notice of the proposed by law, in a form approved by the Local Authorities Board, once a week for 2 consecutive weeks in at least one newspaper circulating within the limits ofthe municipality.

(6) If a by-law referred to in subsection (1) (

a) is approved by the Local Authorities Board, (

b) is advertised as required by subsection (3). (

c) is not required to be submitted to a vote ofthe proprietary electors as a resuh of a petition, and (

d) is passed by the council, and because of an increase in the cost ofthe project for which the debt is to be incurred, as determined by public tender or otherwise, the authorized debenture borrowing in the by-law is insufticient to finance the project and there is no increase in the standards, plans, specifications or size of the project a councU without publishing a notice as required by subsection (3) may subject to the prior approval ofthe Local Authorities Board, pass a Explanatory Notes

in the standards, plans, specifications or size of the project, a council without publishing a notice as required by subsection (3) may, subject to the approval ofthe Local Authorities Board, pass a by-law to amend the original by-law by increasing the authorized debenture borrowing to an amount sufficient to finance the project.

(7) A by-law approved by the Local Authorities Board and any debenture that is issued or that may thereafter be issued in conformity with the by-law is valid and binding on the municipality and on the property liable to the rate imposed by or under the authority of the by-law, and the validity of the by-law and the debentures is not thereafter open to ques tion in any court.

(3) Section 338(1) is amended by striking out "and" at the end of clause (e), adding "and" at the end of clause (f), and adding the following after clause (f): (

g) any other information that may be required from time to time by the Local Authorities Board.

(4) Section 339(1) is amended by striking out "Subject to the ap proval of the Local Authorities Board, any such by-law" and substi tuting A by-law creating a debt".

(5) Section 340(1) is amended (

a) in clause (

a) by striking out "approved by the Local Author ities Board and substituting "set out in the by-law"; (

b) in clause (

b) by striking out "thereof as may be approved by the^ Local Authonties Board" and substituting "of the deben-

(6) Section 344(2)(

b) is repealed and the following is substituted: (

b) provide for the manner of repayment.

by-law to amend the original by-law by increasing the authorized deben ture borrowing to an amount suftHcient toftnance the project.

(3) Section 338(1) presently reads: 338(1) The by-law creating the debt shaU state, by recital or otherwise. (

a) the amount of the debt intended to be created and in some brief and general terms the object for which it is to be created, (

b) the period over which the indebtedness is to be spread and the amount ofthe instalments to be paid in each ofthe years or the period at the end of which it is to be paid, (

c) the maximum rate of interest, or that the maximum rate of inter est shaU be the interest rate fixed from time to time by the Alberta Municipal Financing Corporation, and whether k is to be paid an nually or semi-annually, (

d) the amount ofthe equalized assessment in the municipality as last determined and fixed by the Assessment Equalization Board, (

e) the amount ofthe existing debenture debt ofthe municipality and how much, if any. ofthe principal or interest thereof is in arrears, and (

f) that the required consent or approval of the Minister has been obtained (if any) and the permit under the Clean Water Act has been issued, if required.

(4) Section 339(1) presently reads: 339(1) Subject to the approval of the Local Authorities Board, any such by-law may provide that aU or any part ofthe debentures authorized thereby will be redeemable at the option ofthe municipality at any time or at the time or times in advance of maturity that the by-law may prescribe.

(5) Section 340(1) presently reads: 340(1) A by-law providing for the issuance of debentures may (

a) provide that the indebtedness shaU be payable as to principal and interest in any manner that may be approved by the Local Authorities Board, and (

b) provide for terms and conditions ofthe earlier redemption thereof as may be approved by the Local Authorities Board.

(6) Section 344(2)(

b) presently reads:

(2) A by-law under subsection (l)(

b) may (

b) authorize any manner of repayment approved by the Local Au thorities Board, 3 Explanatory Notes

(7) Section 347 is amended by striking out ", 344"

(8) Section 349 is repealed.

(9) Section 351(7) is amended by striking out "before" and substitut ing "after".

(10) Section 353 is amended by adding the following after subsection (4):

(4.1) The Local Authorities Board may determine whether a by law under subsection (1) is for the extension, rehabilitation, re- equipment or improvement of a public utility, sewer, sewerage works, paved street, concrete or bituminous walks, public build ing or other public works, a bridge, fire equipment or an asphalt paving plant or engineering equipment required for street or pub lic utility improvements.

(11) Section 353.1(8) is amended by striking out "certificate of". Municipal Taxation Act 3(1) The Municipal Taxation Act is amended by this section.

(7) Section 347 presently reads: 347 No by-law authorized by

section 342, 344 or 346 takes effect untd approved by the Local Authorities Board.

(8) Section 349 presently reads: 349(1) A councU that has passed a by-law for contracting a debt or incur ring a liability or for borrowing money may apply to the Local Authorities Board for a certiftcate approving the by-law.

(2) A municipality that intends to apply for a certiftcate approving a by law shaU forward to the Board a copy ofthe by-law together with a copy ofthe proposed advertisement as required by

section 324 before advertising the by-law if advertising ofthe by-law is required.

(3) Repealed 1983 c88 s4.

(4) The Board may grant the certificate notwithstanding any defect or irregularity in substance or in form in the proceedings prior to the ftnal passing ofthe by-law or in the by-law itself if, in the opinion ofthe Board, the provisions of the Act under the authority of which the by-law was assumed to be passed have been substantially complied with.

(5) The certiftcate may be in a form approved by the Local Authorities Board.

(6) A by-law approved by the certiftcate ofthe Board and any debenture that is issued or that may thereafter be issued in conformity with the by law is valid and binding on the municipality and on the property liable to the rate imposed by or under the authority ofthe by-law, and the validity ofthe by-law and of every such debenture is not thereafter open to question in any court.

(9) Section 351(7) presently reads:

(7) The consent of the Local Authorities Board to the consolidation of debentures under this

section and the terms of repayment ofthe consoli dated debenture shaU be obtained before the 3rd reading ofthe consolidat ing by-law.

(10) Section 353(1) presently reads: 353(1) When a municipality has constructed, purchased or acquired a public utility, sewer sewerage works, paved street, concrete or bituminous walk, public building or other public works, a bridge, fire equipment, an asphah paving plant or engineering equipment required for street or public utility improvements, the councU may pass a by-law for borrowing any further sums that may be necessary to extend, rehabilitate, re-equip or improve it.

(11) Section 353.1(8) presently reads:

(8) Any by-law under subsection (2) shaU not take effect unless and untU U is approved by certificate ofthe Local Authorities Board. I\1unicipat Taxation Act 3(1) This

section will amend

chapter M-31 ofthe Revised Statutes of Alberta 1980. Explanatory Notes

(2) Section 149(2) is repealed and the following is substituted:

(2) Any ofthe works referred to in subsection (1) may be under taken in conjunction with any of the other works referred to in that subsection. Transitional 4 An application for the approval of a by-law that is received by the Local Authorities Board before this Act comes into force shaU be con tinued to its conclusion and treated for aU purposes as if this Act had not come into force. In accordance with

section 4(1) ofthe

Interpretation Act, this Bill comes into force on the date it receives Royal Assent.

(2) Section 149(2) presently reads:

(2) Any one or more ofthe works mentioned in subsection (l)(

c) may be undertaken in conjunction with the works mentioned in subsection (l)(

a) or (

b) and constructed as one local improvement. Explanatory Notes Title: 1984 (20th, 2nd) Bill 11, Municipal Financing Statutes Amendment Act, 1984

Document details

Collection	Alberta — Bills
Citation	L20 S2 3483
Type	bill
Volume / chapter	L20 S2 3483
Language	en
Format	json
Source	PROVINCIAL
Identifier	37de675bf3b91a66cdfcbf84d561c76d6b9b3b50

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