1983 BILL 72 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 72 COUNTY AMENDMENT ACT, 1983 MR. STILES First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 72 Mr. Stiles BILL 72 1983 COUNTY AMENDMENT ACT, 1983 (Assented to , 1983) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The County Act is amended by this Act. 2

Section 5(l)(

a) is amended by striking out "municipal" and sub­ stituting "coimty'! 3

Section 6(1 )(

b) is amended.by adding "or the Lieutenant Gover­ nor in Council" after "Board'! 4

Section 7 is amended (

a) in subsection (1) by renumbering clause (

a) as (a.

l) and by adding the following before clause (a.l): (

a) a city school district, (

b) in subsection (3) by adding "city," before "town'!

Exptanatory Notes 1 This Bill will amend

chapter C-27 of the Revised Statutes of Alberta 1980. 2

Section 5(1 )(

a) presently reads: 5(1) Immediately after the expiration of 4 years from the date of the formation of the county, the county council shall (

a) post up and keep posted for a period of not less than 30 days a notice in the prescribed form in not less than 15 conspicuous places in the county, one of which shall be the office of the municipal secretary, and 3

Section 6(1 )(

b) presently reads: 6(1) After the establishment of a county, (

b) the Local Authorities Board may by order change the boundaries of the county in the same manner as similar changes may be made in a municipal district. 4

Section 7(1) and (3) presently read: 7(1) This Act does not apply to (

a) a town school district, (

b) a village school district, or (

c) a separate school district, that is not included in a school division.

(3) When a school district referred to in subsection (1) is included in a county, a town or village included in the school district shall be represented on the board of education in accordance with this Act. Explanatory Notes

Section 15 is amended (

a) in clause (

a) by striking out "municipal secretary in" and substituting "county secretary in"; (

b) in clause (

b) by striking out "municipal" and substituting "county'!

Section 17 is amended (

a) by adding the following after subsection (1):

(1.1) A person elected in a by-election to fill a vacancy in the office of school representative shall be appointed to the board of education by the county council at its next meeting follow­ ing the by-election. (

b) in subsection (5) (

i) by striking out "municipal secretary of the county" and substituting "county secretary"; (ii) in clause (

a) by adding "city," before "town" wherever it occurs. 7

Section 23 is repealed and the following is substituied: 23 The election of a school representative shall be conducted in accordance with the Local Authorities Election Act (

a) by the educational unit if it is a city, town, village or summer village, or (

b) by the county in respect of an educational unit that is not a city, town, village or summer village.

Section 15 presently reads: 15 The council shall appoint (

a) a municipal secretary in whom all the rights, duties, privileges and powers of the municipal secretary of a municipal district and the sec­ retary of a school division are vested, and (

b) any other officials required to assist the municipal secretary and to provide for the efficient conduct of the business of the county council and its committees. 6

Section 17(1) and (5) presently read: 17(1) The county shall, at its organizational meeting in each year, estab­ lish a board of education consisting of (

a) not less than 3 members of the county council, and (

b) the school representatives appointed from educational units in ac­ cordance with

section 18 or sections 19, 20 and 21, as the case may be.

(5) The county council shall, not less than 30 days prior to nomination day for the next general election, determine the number of school repre­ sentatives to be elected in respect of each educational unit and on making that determination the municipal secretary of the county shall notify (

a) the council of a town or village, if that town or village is an edu­ cational unit, of the number of school representatives which the elec­ tors of that educational unit are entitled to elect, and (

b) the Minister of Education, if the educational unit is one referred to in

section 26, of the number of school representatives which the electors of that educational unit are entitled to elect. 7

Section 23 presently reads: 23(1) To be eligible to become a school representative a person must be (a) 18 years of age or older, (

b) a Canadian citizen, (

c) resident in Alberta for the 12 consecutive months immediately pre­ ceding nomination day. (

d) resident in the educational unit for which he is nominated for the 6 consecutive months immediately preceding nomination day, (

e) eligible to vote as an elector at the election for which he is nomi­ nated, and (

f) free from any of the disqualifications that render a person ineligible to remain a trustee under the School Act.

(2) A person is eligible to vote for a school representative if that person (

a) is an elector as defined in the Local Authorities Election Act, and (

b) is resident on nomination day in the educational unit in which the election is to be held. Explanatory Notes

Section 40 is amended (

a) in subsection (1) by adding "cities," before "towns"; (

b) in subsection (2) by striking out "municipal secretary" am substituting "county secretary'! 9

Section 41 is amended by striking out "municipal secretary of th( county" and substituting "county secretary'! 10 The following provisions are amended by adding "city," befor "town" wherever it occurs:

section l(a)(

i) and (ii);

section 18(l)(

a) and (2);

section 22(2)(a);

section 25;

section 29;

section 34(1);

section 38(2). In accordance with

section 4(1) of the

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

(3) The term of office of a person elected as a school representative is the same as that of a councillor as determined under the Municipal Govern­ ment Act.

(4) If an election of a school representative is to be held in respect of an educational unit that is a town or village, (

a) the nomination and the election for that position shall be con­ ducted in the same manner as that for a trustee under the Local Authorities Election Act, and (

b) the election shall be conducted by the town or village, as the case may be.

(5) If an election of a school representative is to be held in respect of an educational unit other than one that is a town or village, (

a) the nomination and the election for that position shall be con­ ducted in the same manner as that for a member of an elected au­ thority under the Local Authorities Election Act, and (

b) the elections shall be conducted by the county. 8

Section 40(1) and (2) presently read: 40(1) Immediately after the election of the chairman at the annual meet­ ing of ratepayers provided for by the Municipal Government Act, the chair­ man shall provide for a discussion of school affairs, during which time the electors of towns and villages and of rural school districts included in the county for school purposes shall be entitled to participate, to sponsor mo­ tions and to vote on any matter or resolution that is brought before the meeting on school affairs.

(2) In lieu of the notice provided for by

section 123(2) of the Municipal Government Act. the municipal secretary shall (

a) cause to be issued a notice in the prescribed form, and (

b) publicize the notice as closely as possible in the same manner as provided in the Local Authorities Election Act. 9

Section 41 presently reads: 41 The municipal secretary of the county shall mail a copy of all ap­ proved minutes of the board of education meetings to the school represen­ tatives representing educational units. 10 Adds reference to "city" in several provisions dealing with the educa­ tional unit of a county. Explanatory Notes Title: 1983 (20th, 1st) Bill 72, County Amendment Act, 1983