Bill 77 (Legislature 2, Session 4)

L2 S4 10682

Alberta — Bills

BILL No. 77 M 1913.

An act to amend

Chapter 3 o. the Statutes of the Province of Alberta, 1911-12, intituiled "An Act respecting Rural Municipalities." (Asse:f:ed to 1913). IS MAJESTY, by and wi h the consent of the Legis H lative Assembly of the Province of Alberta, en acts as follows: The Rural Municipality Al;t is amended as follows:-

Section 2; (

a) By rep aling clause 8 thereof and substituting therefor the follo ing: '' ' Owner' means and incl des any person who appears by the records of the land titl s office for the land registra tion district within which su h land is situated, to have any right, title or interest in he land within the limits of the municipality other than t at of a mortgagee or encurn brancee." (

b) By repealing clause 9 tl!ereof and substituting there for the following; " ' Occupant' means the erson in actual occupation other than in an official capa ity of any land exempt from taxation under the provisions f this Act." (

c) By adding to clause 15 t e following: "And for the purpose of ass ssment and uf taxation only, 'land' means land or any esta , or interest therein exclusive of the value of t}le buildings r other improvements there on." (

d) By inserting after claust.e 5 the following: "15a. 'Improvements' m ans any buildings or any other increase in the value of and caused by any expendi Lure of either labour or capital ereon." (

e) By repealing clause 19 nd substituting therefor the following: " ' Hawker' or 'Pedlar' m ans and includes any person who, whether as principal or ag nt, goes from house to house, selling or offering for sale go s, wares or merchandise to any person, not being a whol sale or retail dealer in such goods, wares or merchandise or offers or exposes to any person not being a wholesale caler in such goods, wares or merchandise samples or patt rns of any goods, wares or. merchandise to be aferwards elivered in the municipality but shall not mean or include ny person selling meat, fruit, fish, agricultural implements sewing machines or farm produce by retail. " (

f) By adding to the said se tion the following: '' (2) 'Transient Trader' m ans and includes any person who occupies premises in the unicipality who offers goods, wares or merchandise for sale, ither personally or through a licensed auctioneer or other a ent or servant, whose name has not been entered on the 1 st revised assessment roll of the municipality or who'_has no before he offers such goods,

2 wares or merchandise for sale a\aforesaid resided continu ously in the village for a period o thr.ee months next preced ing the date at which he offers uch goods, wares or mer chandise for sale."

Section 9: By adding ther~to the following: "On every such map shall e outlined, the area and boundaries of six division of as n arly equal area as may be into which the municipality shall be divided in the event of a vote of the resident electors bei gin favour of such division as hereinafter provided."

Section 16: By adding the eto the following: "At the same time as the vote s taken upon the question of the organization of the mu icipality a vote- shall be taken on the question of wheth r there shall be divisions established in such municipalit and a councillor elected from each such division or whet er the councillors shall be elected by a vote of the municipal ty at large." 4,,

Section 19: By adding to the first paragraph of the notice in the said

section contain d the following: ''And whether divisions sha 1 be established in such municipality, if organized and a ouncillor elected from each division or whether the council ors shall be elected by a vote of the municipality as a wh le. "

Section 21: By repealing s me and substituting there for the following: ''The returning officer shall c~se to be printed or other wise prepared a supply of ballot apers to be used for voting for or against the organizatio of the municipality and another supply of ballots for vot ng upon the question as to whether or not divisions are to established in such muni cipality and such first ballot pa1 er shall be in the following form: FOR 1- ---- AGAINST And such second ballot pape shall be in the following form: "If your are in favour of the prganization of the munici- pality, are you in favour of th establishment of divisions therein and a councillor elected f om each such division?

FOR AGAINST

Section 27: By inserting after the word "munici- pality" wherever the same occt rs therein, the words "and the number of votes cast for and against the establish- ment of divisions."

Section 29: By insert in~ after the word '' munici pality" in the third line thereo the words "and if appears that the vote has resulted in f vour of the organization of

3 the proposed municipa~ity the ~umber of votes cast for and against the establiRhment of div~sions therein."

Section 34: By insertingj immediately after clause 1 the following: "la. If the result of such po~is in favour of the establish ment of divisions, the Minister shall by such order establish six divisions, whose area and oundaries shall as nearly as may be, be the same as those s wn on the map hereinbefore referred to and assign a numbe to each such division."

Section 38: By adding tl~ereto the following: "

(5) Alter and adjust the bo~ndary of the divisions of the municipality."

Section 47: By repea 'ng same and substituting therefor the following: "The council of every mu · cipality shall consist of six councillors, such councillors s 11 be elected by the general vote of the resident electors of the municipality or one councillor shall be elected f m each di vison according as the electors of the munici ality have determined upon the organization of such muni ipality."

Section 48: By repealing same and substituting therefor the following: "The council of any rnunic' ality may at any time by by-law alter the manner in hich councillors are elected in the municipality so as , to provide for one councillor being elected from each divisi n instead of by the general vote of the resident electors r to provide for election by the general vote of the reside t electors instead of by divi sions.

Such by-law before co ing into force shal~ be sub mitted to the resident electors f the municipality and shall receive the approval of two-t irds of the number of such resident electors voting thereo according to the procedure herein prescribed for voting on debenture by-laws: 11 Provided that the council o any municipality, which has passed such a by-law, may at ny time after the expiration of two years from the date of he passing thereof by by-law passed in the same manner nd approved by the same majority of resident electors, evert to the former method of election." 12. That

Section 88 be arne ded by adding the following: Clause a. : ''The treasure shall also forthwith after · the completion of such certifie voters' list as provided for by

section 87 hereof send by pr paid registered mail to the secretary or secretary-treas er of every school district wholly or in

part included ithin the boundaries of the Munieipality of which he is reasurer, a true and correct list of all persons appearing n such certified voters' list who are assessed by the muni ipality for lands within such school district, and a descri tion of the lands for which they are so assessed."

Section 95: By adding I: clause C thereof the follow- ing: . "Or for each of the divisi ns thereof, if divisions have been established in the muni ipality, under the provisions of this Act. "

Section 97: By inserl·ng after the word "any" in the first line thereof the w rds "division or" and insert ing after the word 11 such" hereof the words "division or."

Section 102: By addi g after the word 1 'munici pality" in the third line thereo the following: ' 1 0r in municipalities in which divisions have been established by at least two re ident electors of the division and by adding after the word of' in the second line of the form of nomination paper in such

section contained, the words 'or of division number . . .... of the rural munici pality of . . . . . . . . . . . . .' "

Section 106: By repe~ling the form of notice in the said

section contained a~d substituting therefor the. following notice: ''Rural Municipality of ... Municipal Election. . . . . . .... ''Whereas. . . . . . . . . . . ominated for the office of Councillor (or

whereas ................ nominated for an office of councillor for division o ......... and. . . . .. . nominated for the office of coun illor for division No .. . etc.) have withdrawn their can idatures, leaving. the only candidates therefor ( r, leaving. the only candidate for division o. . . . . .. , and ........ . the only candidate for divisio No.. . . . . . . ,etc.), I hereby give you notice that no voting ill take place on the. . . . . . . day of. . . ............ 19. . . . (date of polling) (here add, if necessary, in the following di "sions of the municipality)."

Section 108: By inserti g after the word "of'' in the fourth line of the form of otice therein contained 11 or for a councillor for division No .· . . . . . . . and Division No . . . . . . . . . , respectively'. "

Section 113: By adding ~hereto the following: "

(2) Iri rural municipalities i · which divisions have been established, separate ballots in ike form shall be prepared for each division."

Section 116: By adding! after the word "more" in the fifteenth line of the form in the said

section contained, the words ''or less. ''

Section 126: By repeal~ng same and substituting therefor the following: "At every general election ev ry resident elector shall be entitled to vote once only for t e number of councillors to be elected, if divisions have n t been established in the municipality, and shall be entit ed to vote only once for a councillor for his division, if clivi ions have been established. "

(2) At every special electi n of the council each person whose name appears o the voters' list shall be entitled to vote once. "

(3) If any person votes for ¥lore or less than the total number of councillors to be electjed, his ballot shall be void and not counted."

Section 178: By adding t1ereto the following: "10. To advise the Minister o his appointment as secre tary within five days of such app intment, of the names and addresses of all persons elected ouncillors for the munici-

5 pality within five days afte the first meetimg of the council at which they are entitled t be present, and of the name and address of the reeve, within ve days of his election. "11. To faithfully pre are and duly submit to the Minister of Education sue statements, reports and other information as may from t me to time be required by the Minister of Education, and n such form as he may direct. "12. To faithfully prep re and duly transmit to the treasurer of each rural sch ol district which is in whole or in

part included within the boundaries of the municipality a statement showing the to 1 amount of the assessed value of the lands in such school istrict that are included within the boundaries of the mun cipality, such statement to be transmitted to the school di trict as soon as assessment roll for the year has been revised." 2?.

Section 179 to be arne ded by adding the following: "12. To faithfully prepar and duly submit to the Mini ster of Education such stat ments, reports and other infor mation as may from time t time be required by the Mini ster of Education and in sue form as he may direct." By inserting immediately after

section 179 the following: "179a. The treasurer sh 11 collect a fee of twenty-five cents for every search mad in the assessment or tax roll and shall, if required, wit out an additional fee, give a certificate under his hand, showing whether or not all taxes in respect of such lot ave been paid, and if not, the amount of arrears payable gainst such lot, and such fee shall form part of the gener revenue of the municipality."

Section 191, Clause 1~: By adding after the word ·"Pedlars" in the first line tliereof the words "and transient traders." By adding thereto the fol wing: "29.

Preventing or regula ing and licensing exhibitions of wax works, menageries, eire ses, shows, theatres, and cara vans and for requiring the pa ment of license fees for authoriz ing the same, not exceeding 500 per day and for imposing fines for infringing such by- ws to the amount of $50 over and above the costs of the lie nse fee, provided such fine and costs and fee may be levie by sale of the goods of the showman or the goods belo ging to or used in connection with the show or exhibition, hether owned by the showman or not and in addition the ender may be imprisoned for six months." "30.

Preventing or regu~ting or licensing exhibitions held or kept for hire or pro ts in halls, opera houses, mov ing picture theatres and oth places of amusement." 24:.

Section 196: By ad4ing to clause 11 thereof th~ following: "Or on land enclosed by t lawful fence used exclusively for the purpose of pasture a d upon which horses or cattle to the number of at least on or sheep to the number of at least three for every ten cres so enclosed have been pasturing for six months duri g the previous year." 25. That

section 206 be *ended by inserting after the word "of" in the first line hereof the words " The Stray Animals Ordinance, The Ent e Animals Ordinance." By adding after the wor "Ordinance" in the second line thereof the following ords: "except as hereinafter provided."

6 2. By adding after

section 20 the following: "206a. No such by-law sha l be finally passed by the council of any municipality u ess and until notice of the intention of the council to pa s same, in the form herein provided, has been published a least once a week for three consecutive weeks in some new paper published in the rural municipality or if there is no wspaper published therein, in some newspaper having a cir ulation therein. ''

(2) If within twenty days after the last insertion of such notice any ten electors f the municipality petition the council to submit such by-1 w to the vote of the electors of the municipality before the arne is finally passed, such bv-law shall be submitted to the vote of such resident electors and the. proceedings fo taking such a vot!;l shall be in the manner hereinafter prO\ ided for the taking of votes on debentures by-laws. "

(3) Such notice shall be in 1e following form: "Public notice is hereby give that the following by-law has been introduced in the cou cil of the rural municipality of. . . . No. . . . . . . . . .. and that unless within twenty days after the last insert on of this notice at least ten electors of the municipality pe ition the council to submit such by-law to the vote of t e resident electors of the municipality, the council will roceed to pass same (here insert by-law). The last date f insertion of this notice is (here g1:ve last date for insertion). Secreta;y oj tl~~ Rural·~ ~~i;;{paiity ~j.' . . . . . . . "

Section 208: By addiJg immediately thereafter the following: "208a. Notwithstanding any bing herein contained the provisions of sections 33 to 3 inclusive, of The Pound District Ordinance shall continue in force in all rural munici palities and the owner of any a imal may take proceedings under the provisions of these ections for the purpose of having determined any compl int which he might make for any of the reasons therein set orth." 27. That sections 228, 229, anH 230 be repealed.

Section 231 to be amend! by striking out the words "in the event of a poll being demanded as provided by

section 229 hereof "in the first d second lines thereof and :substituting therefor the folio ing: "before such by-law is finally passed it shall be s bmitted to a vote of the electors and receive the appr val of two-thirds of the electors voting thereon and. " 29 •.

Section 251: By repeali g clause A thereof and sub stituting therefor the following: ''The name of the owner of e ery lot or parcel of land in the municipality which is no exempt from assessm•t and the name of the occupant f any lot or parcel of land within the municipality, which i:s exempt from assessment and post office address, if kno n, of every such owner or occupant."

Section 252: By adding ~ereto the following: "If the value at which any pecified land has been as sessed appears to be more or 1 ss than its true value, the amount of assessment shall ne ertheless not be varied on

7 appeal. if the value at whicht,'t is assessed bears a fair and just proportion to the value which lands in the immediate vicinity of the lands in questi n, are assessed."

Section 277: By add~g after the word "revision" in the third line thereof ''or n case of the omission, neglect or refusal of the said court hear or decide an appeal to it before the 9th day of Septe her in any year."

Section 295: By stri · ng out sub-sections 2 and 3 thereof and substituting ther for the following: "If any rural school distri t is situated partly in two or more rural municipalities, t e board of trustees of such school district shall before t e first day of August in each year prepare a detailed esti ate of the probable amount of the expenditure for the ye r and shall determine, having regard to the amount and lue of the assessable land in each such rural municipality as shown by the return made to the school district under ction 178 hereof, the amount to be contributed for the pur oses of the school district from each such rural municipality and shall forthwith forward a requisition to the council such municipality for such amount; such council shall orthwith levy such rate and collect same in the same way s the municipal taxes and pay the proceeds thereof to the said school district forthwith after collection.

"

(4) If any rural school d' ·trict is situated partly within the boundaries of one or re municipalities and partly outside the boundaries of a y municipality the board of trustees in such district shall before the first day of August in each year prepare a det 'led estimate of the probable amount of the expenditure fo the year and shall determine, having regard to the amou and value of the assessable land lying outside of the boun ary of any such municipality, the amount to be contribut d from each municipality for the purposes of the school district and shall forward a requisition to the council of such municipality who shall levy such rate and collect sa in the same manner as muni cipal taxes and pay the sam to the board of trustees of such school district forthwith after collection.

"

(5) The board of trustee of such school district shall strike a rate and levy the ta es upon the lands in the part of .the district not included within the boundary of any municipality. Such taxeR all be imposed upon such property as would be liable ,o assessment and taxation, if such portion of the school di rict were within the boundary of the rural municipality and 11 the provisions in regard to the levying of assessment, th imposition of taxes including the provisions in regard to appeals and to forfeiture for non-payment of taxes in th s Act contained shall apply to such assessment and collec ion of taxes in such portion of any school district."

Section 314: By addin thereto the following: "Such application shall be i the following form:- "In the matter of the co rt of confirmation of the tax enforcement return of the rur· l municipality of. . . . .... "Take note that His Hon r Judge.... . . . . , Judge. of the District Court of the istrict of. . . . . . . . . . . . . has appointed ............ the . . ......... day of . .. . . . ... . 19 .. , for the holding of the C urt of confirmation to confirm the tax enforcement return of the rural municipality of

"and further take notice that you appear to have an interest in (here insert full de iption of the land mentioned in the said tax enforcement retur ) . ''Dated the... . . . . . . . d y of.. . . .19 ... • • • • • • • • • • • • • 0 0 •• Secretary-Treasu er of the Rural Municipality of. . ....... : . . . . . . . . . . "

Section 316 : (

a) By s riking out the words "three years" in the seventeenth lin of sub-section 1 thereof and substituting therefor the word "one year". (

b) By striking out the wor s "two years and" wherever the same occur in clause five ereof and by adding thereto the following: "

(6) Such clause shall be in t e following form:- " Take notice that the ta enforcement return of the rural municipality of. . .. was confirmed in respect of the herein described lands at the court of confir mation held at. . . . ... on the. . . . . . . day of . . 19 .. , and u less such lands are redeemed on or before the. . . . . day of. . . .. 19 .. , the same will be absolutely f rfeited for non-payment of taxes. "Dated this ... . . Secretary-Treasurer o the Rural Municipality of " "You appear to be intereste in the following lands (here insert full description of the la ds).

The amount required to redeem this parcel is $. . , made up as follows: "Amount due as shown by tax e forcement return $ .. "Taxes accrued since that date · $ . . ... . ''Expenses of advertising, etc.. $ ..... . "Costs . $ .. "Redemption fee . . . . . $. . . . . . "

Section 317: By strikin out the words" three years" in the third line and substitutin therefor "one year".

Section 318: By striking out the words "three years" in the third line and substitutin therefore "one year".

(2) By adding thereto the fol owing:- " Such application shall be in he following form: "The Registrar of the. . . . . . . . Land Registration Dit;- trict. · "The rural municipality of. . application to be registered a description of land) being land ment return of the said rural at the court of confirmation hel . . . . . . . . . .19 .. and which ha "Dated this. . . . .... da . . . ...... hereby makes owner of (here insert full to which the tax enforce unicipality was confirmed on the. . . . . ...... day of not been redeemed. of.. . . . . . .19 .... Secretary-Treasurer if the Rural Municipality of.. . . . ... . . . . . . . . . . . . . . ''

(3) Every such application hall be accompanied by a statutory declaration by the ecretary:- Treasurer of the rural municipality in the followi g form: ·

"In the matter of The R ral Municipality Act and in the matter of an application f the Rural Municipality of . . ............. for the iss e of a certificate of title to (here in.sert full de-scription of he land) . "I, ................... , the Secretary-treasurer of the rural municipa 1 i~y of ........... make oath and say: "1. That I have knowled of the matters hereinafter deposed to. "2.

That the court of confi mation held at. . . . . . .... on the ............. day of. . . . .......... the tax en- forcement return of the said ru al municipality was confirmed in so far as such tax enforcem nt return affects the.se lands. "3. That the notice beret annexed was, after the ex piration of ten months and b fore the expiration of eleven months published in The AI erta Gazette and was pub lished in the. . . . . . . . . . (the newspaper published in the village or having a circula ion in the village, a.s the case may be). · · "4.

That a similar notice d also a statement showing the amount required to redee such lands was mailed not more than sixty days nor les than thirty days before the expiration of the time limited or redemption to each person appearing by the record in t e land titles office for this land registration district to h e any .interest in such land. "Sworn before me at. . . . . . } in the province of Alberta thi .. day of.. . .. 19.

No. 77 FOURTH SESSION SECOND LEGISLATUR.E 3 GEORGE V 1913 BILL

An Act to amend

Chapter 3 of the Statutes of the Province of Alberta, 1911-12, intituled "An Act respect Ing RuraJ Municipalities.'' Received and read the F . . IrSt time ................... . Second time . . . . . . . . . . . . . . . . .. Third time .................. . EDMO~TOX: j. W. jEFFERY, Governn:1ea.t Printer 1 9 1 3 Title: 1913 (2nd, 4th) Bill 77,

An Act to amend

Chapter 3 of the Statutes of the Province of Alberta, 1911-12, intituled "An Act respecting Rural Municipalities"

Document details

Collection	Alberta — Bills
Citation	L2 S4 10682
Type	bill
Volume / chapter	L2 S4 10682
Language	en
Format	json
Source	PROVINCIAL
Identifier	3e394e3be110babfe49881696298438e95542fb3

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